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Updated: May 26, 2025
From the judicial organization of the realm, he turned to its military organization, and in 1181 an Assize of Arms restored the national fyrd or militia to the place which it had lost at the Conquest.
I am not speaking of those northern towns where hard labour is the portion of the judicial personage from the time he opens the Commission to the moment when he turns his back upon his prison-house, but of rural Assize towns like Warwick and Bedford or Oakham, where the Judge takes his white gloves, smiles at the grand jury, congratulates them on the state of the calendar, and goes away to some nobleman's seat until such time as he is due to open the Commission in some other circuit paradise where crime does not enter.
The room was long, lined for the most part with books bound in what they call "divinity calf," and littered with papers like a barrister's table on assize day. A leathern elbow-chair faced the fireplace, where a few coals burned sulkily, and beside it, on the corner of a writing table, were set an unlit candle and a pile of manuscripts.
The comparison of the criminal statistics of Ireland with those of Scotland which I have made shows how much truth there is in the imputations of widespread lawlessness, as does also the number of times on which in each year the Judges of Assize comment favourably on the presentment of the Grand Jury; and, moreover, the closing of unnecessary prisons which is going on throughout the country is a further proof, if any be needed, of the falsity of the charges which are so industriously spread abroad.
The fabric of our judicial legislation commences in 1166 with the Assize of Clarendon, the first object of which was to provide for the order of the realm by reviving the old English system of mutual security or frankpledge.
At Guestwick, the neighbouring market town, he was a great man to be seen frequently on Saturdays, standing in the market-place, and laying down the law as to barley and oxen among men who knew usually more about barley and oxen than did he. At Hamersham, the assize town, he was generally in some repute, being a constant grand juror for the county, and a man who paid his way.
The general cry was that the banished oppressor had at least given Englishmen fair warning, and that, if, after such a warning, they welcomed him home, they would have no pretence for complaining, though every county town should be polluted by an assize resembling that which Jeffreys had held at Taunton.
Fitzjames and I both chose the round of the Lincolnshire, Nottinghamshire, and Derbyshire sessions; which involved a good deal of travelling and knocking about in some out-of-the-way country districts, where the sessions bar is necessarily thrown into circumstances of great intimacy. Even when a sessions or assize reputation was gained, it was and remained intensely local.
Everybody has tremors for whom something may come out. Also, Iris had had no experience of solicitors, and was afraid of them. Instead of being received, however, by a gentleman as solemn as the Court of Chancery and as terrible as the Court of Assize, she found an elderly gentleman, of quiet, paternal manners, who held both her hands, and looked as if he was weeping over her bereavement.
Inside it there is a kitchen of the sixteenth century, with a company of neat serving-maids, too comely and young to be, perhaps, of the same period, that gives the tourist a high sense of the luxury in which the Bishop of Durham and the Judges of the Assize Courts live when they are residents in the castle.
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