assizes

assizes of counties, and towns and cities accorded county status, were the primary local courts of criminal trial in Ireland for around 300 years. The assize system consisted of justices of assize, empowered by royal commissions, travelling the country to try both civil and criminal cases. Its origins in Ireland may be traced back to the eyre courts of the 13th and 14th centuries (see courts of law). However, the holding of comprehensive courts of assize was always dependent upon military control, and it was not until after the Flight of the Earls that the goal of regular assizes across the country could be realized. Even then several areas existed as independent liberties under private patronage. By 1614 five assize circuits had been established. The judges of the superior courts were required to travel these circuits as justices of assize, holding an assize for each county jurisdiction subject to the crown. The 17th century saw the circuits consolidated. By 1695 every country was visited twice yearly, in spring and summer. The final provincial palatinate jurisdiction was abolished in 1716, leaving only Co. Dublin outside the system, with its own autonomous courts.

The assizes now formed a regular and comprehensive system of criminal and civil equity across Ireland. In 1796 a sixth circuit was established to reduce the pressure on the courts' staff. As well as their legal functions assizes also fulfilled social, economic, and political roles, for example providing the focus for balls and fairs. Court business was accompanied by a great deal of the work of local government, managed by country grand juries. A number of changes occurred during the 19th century. By 1850 much of the existing civil business of the assizes had been delegated to the quarter sessions (see courts of law). From 1877 a single ‘winter assize’ was held for each province, at a central venue, solely to deal with criminal business. In 1885 the system returned to a five‐circuit structure.

From 1919 the Anglo‐Irish War disrupted all the royal courts. Rival Dáil courts were established, and in many areas the assizes ceased to function. Following partition, the Irish Free State replaced the assizes with essentially similar circuit courts. In Northern Ireland the restructured courts of assize were finally abolished in 1978, and their powers transferred to the new crown courts.

Bibliography

McCavitt, J. , ‘Good Planets in their Several Spheares: The Establishment of the Assize Circuits in Early Seventeenth‐Century Ireland’, Irish Jurist, ns (1989)
McDowell, R. B. , The Irish Administration 1801–1914 (1964)

Neal Garnham