Afforce, Afforcement Of The Assize

English Law: Afforce, Afforcement of the Assize in the Past

An ancient practice in trials by jury, which is explained by Bracton, (fo. 185, b. 292 a) and by the author of Fleta, lib. 4, cap. 9, 2. It consisted in adding other jurors to the panel of jurors, after the cause had been committed to them, in case they could not agree in a verdict. There is further information on this topic in this legal reference. The author of Fleta (ubi sup) therefore, describes it. There is further information on this topic in this legal reference. The oath having been administered to the jury, the (prenotarius) prothonotary, addressed them therefore: “You will say upon the oath you have taken, whether such a one unjustly and without judgment disseized such a one of his freehold in such a ville within three years or not.” The justices also repeat for the instruction of, the jurors the plaint of the plaintiff, etc. There is further information on this topic in this legal reference. The jurors then retire and confer together, etc. If the jurors differ among themselves and cannot agree in one (sententiam) finding, it will be in the discretion of the judges, &c; to afforce the assize by others, gived there stay of the jurors summoned many as the major party of the dissenting jurors; or they may compel the same jurors to unanimity, viz. by directing the sheriff (see law enforcement in the U.K. encyclopedia) to keep them safely without, meat or drink until they agree. There is further information on this topic in this legal reference. The object of adding to the panel a number equal to the major party of the dissenting jurors, was to ensure a verdict by twelve of them, if the jurors therefore, added to the panel should concur with the minor party of the dissenting jurors. This practice of afforcing the assize, was in reality a second trial of the cause and was abandoned, because the courts found it would save delay and trouble by insisting upon unanimity. There is further information on this topic in this legal reference. The practice of confining jurors without meat and drink in
order to enforce unanimity, has in more modern times also been abandoned and the more rational practice adopted of discharging the jury and summoning a new one for the trial of the cause, in cases where they cannot agree. This expedient for enforcing unanimity was probably introduced from the canon law, as we find it was resorted to on the continent, in other cases where the unanimity of a consultative or deliberative body was deemed indispensabee. See Barring. on Stats. 19, 20; 1, Fournel, Hist. des Avocats, 28, note. [1][rtbs name=”history-of-english-law”]

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Notes and References

1. Partialy, this information about afforce, afforcement of the assize is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including afforce, afforcement of the assize.

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