ASSISA VENALIUM

3 definitions found across Law Mind sources

ASSISA VENALIUMAuthored
The Law Mind • 797 words
Definition
Assisa venalium (Latin: "assize of saleable things") is a medieval legal term denoting the public regulation of goods offered for sale. It refers to the authority of a governing body — typically a crown, municipality, or other public power — to fix or define the quantity, weight, quality, and price at which certain commodities could lawfully be sold. The regulated goods were most commonly necessities of daily life: bread, ale, wine, and similar staples. Under an assisa venalium, sellers were bound to conform to prescribed standards, and violation exposed them to punishment or forfeiture. The term functions as a specific application of the broader concept of "assize" (assisa) in its regulatory, rather than judicial, sense — that is, assize as an official ordinance or standard, not as a form of trial or court.
Common Confusion
The word "assisa" (assize) carried two distinct meanings in medieval law, and conflating them is the most common error in reading historical sources. In its judicial sense, an assize was a tribunal or a form of action — the Grand Assize, the Assize of Novel Disseisin, the itinerant assize courts. In its regulatory sense, an assize was a public ordinance fixing commercial standards — the Assize of Bread and Ale being the most familiar English example. Assisa venalium belongs firmly to the second category. A researcher encountering "assisa" in a medieval record must determine which sense is operative before drawing any conclusion about the document's subject matter.
Why It Matters in Research
Assisa venalium is an archival and interpretive term rather than a living legal concept. Researchers will encounter it primarily in: — Medieval English borough records and court rolls, where local authorities enforced assize regulations and recorded presentments for violation. — Scottish and continental legal sources, where Burrill notes the phrase was in frequent use, meaning the term may appear in sources well outside the English common law tradition. — Treatises on the history of trade regulation, price controls, and the law of markets and fairs. The practical trap for researchers is the multilingual and multi-sense character of "assisa." In Latin legal records, assisa venalium may appear in close proximity to entries concerning assize courts or assizes of novel disseisin, and careless reading can produce a category error — treating a commercial regulation record as a property or criminal matter, or vice versa. Corpus researchers should also note that neither Black's nor Burrill offers detailed doctrinal elaboration; both treat this as a term of historical identification rather than a working legal concept. The substantive content of any particular assisa venalium must be reconstructed from the underlying ordinances and local records. Spelman's Glossarium Archaiologicum (cited by Burrill) remains the classical reference for this term and for the assize framework generally; researchers working in early English or Anglo-Norman sources should consult it directly. The term has no modern statutory or common law descendant under its Latin name, though its functional descendants — regulations on weights and measures, food safety standards, consumer protection statutes — are pervasive. Tracing that regulatory lineage is a live area of legal history scholarship.
Historical Dictionary Support
Black's and Burrill agree on the core definition: assisa venalium means the assize of saleable commodities, specifically the public regulation of goods offered for sale by fixing quantity, weight, quality, and price. Burrill is the more informative of the two sources, situating the term in English, Scotch, and continental law and citing Spelman as authority. Black's entry on assisa venalium is brief and essentially definitional, folding it into the broader treatment of "assise" or "assize." Neither source provides examples of specific commodities beyond the general reference to "common necessaries of life," and neither traces the enforcement mechanisms or penalties with any depth. Burrill's note that the phrase was "formerly in frequent use" signals that by the time of his writing the term had become a historical reference rather than an operative legal concept — a characterization that remains accurate today.
Jurisdictional Note
The term derives from English, Scottish, and continental European medieval legal practice. It has no direct application in modern American law. Researchers working in comparative or historical legal contexts should note that the regulatory tradition it represents developed differently across jurisdictions, and the specific content of any assisa venalium will vary by locale and era.
Related Terms
Assize (Assisa) — parent conceptboth judicial and regulatory senses Assize of Bread and Ale — the best-documented English example of assize regulation in the venalium tradition Assize of Weights and Measures — related regulatory assize Lex Mercatoria — broader body of medieval commercial law Market Overt — related concept governing the legal sale of goods in public markets Price Regulation — modern functional descendant concept Weights and Measures — modern statutory counterpart
ASSISA VENALIUMmain
Black's Law Dictionary • 1891
The assise of sal- able commodities, or of things exposed for sale. ASSISE, or ASSIZE. 1. An ancient species of court, consisting of a certain num- ber of men, usually twelve, who were sum- moned together to try a disputed cause, per- forming the functions of a jury, except that they gave a verdict from their own investi- gation and knowledge and not upon evidence adduced. From the fact that they sat to- gether, (assideo,) they were called the "as- sise." See Bract. 4, 1, 6; Co. Litt. 1536, 1596. A court composed of an assembly of knights and other substantial men, with the baron or justice, in a certain place, at an appointed time. Grand Cou. cc. 24, 25. 2. The verdict or judgment of the jurors or recognitors of assise. 3 Bl. Comm. 57, 59. 3. In modern English law, the name "as- sises" or "assizes" is given to the court, time, or place where the judges of assise and nisi prius, who are sent by special commission from the crown on circuits through the king- dom, proceed to take indictments, and to try such disputed causes issuing out of the courts at Westminster as are then ready for trial, with the assistance of a jury from the par- clerk and thereby disturbed the real patron. 3 Bl. Comm. 245; St. 13 Edw. i. (Westm. 2) c. 5. It has given way to the remedy by quare impedit.
ASSISA VENALIUMmain
Burrill's Law Dictionary • 1867
L. Lat. The assise of saleable commodities, or of things exposed for sale. The regulation of the sale of certain articles, (usually the common necessaries of life,) by public authority; defining or fixing the quantity, weight, quality, &c., to be sold for a certain price. A phrase formerly in frequent use in old English, Scotch and continental law. Spelman, voc. Assisa.

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