By the
Assize of Clarendon of 1166
King Henry II established
trial by jury by a grand assize of twelve knights in land disputes, and itinerant justices to set up
county courts. Before
Magna Carta was passed (enacted) in 1215, writs of assize had to be tried at
Westminster or await trial at the septennial circuit of
justices in eyre. The great charter provided for land disputes to be tried by annual assizes at more convenient places. This work soon expanded, becoming five commissions. In 1293, a statute was enacted which formally defined four assize circuits. For centuries, many justices of the
Court of King's Bench, those of the
Court of Common Pleas, and barons of the
Exchequer of Pleas in some seasons of the year travelled around the country contributing to five commissions: their civil commissions were those of assize and of
nisi prius; their criminal law commissions were those of the peace, of
oyer and terminer and for jail delivery (meaning clearing out of prisoners). The second commission heard cases which plaintiffs sought to receive priority. From an Act passed in the reign of
King Edward I plaintiffs (claimants) could file pleadings at Westminster for the court to issue a writ to summon a jury to Westminster to appoint a time and place for hearing the causes there, stating the county of origin. Such writs used the words and form of
nisi prius (Latin: "unless before"). The writ called the parties to Westminster (on a longstop date) unless the king's justices had assembled a court in the county to deal with the case beforehand. The commission of oyer and terminer was a general commission to hear and decide cases. The commission of jail delivery required the justices to try all prisoners not yet tried by judges held in the jails. Historically, all justices who visited
Cornwall were also permanent members of the Prince's Council, which oversees the
Duchy and advises the Duke. Before the creation of the Duchy, the Earls of Cornwall had control over the assizes. In the 13th century
Richard, 1st Earl of Cornwall, feted as 'King of the Romans', moved the assizes to the new administrative
palace complex in Lostwithiel but they later returned to
Launceston.
19th and 20th centuries Few substantial changes occurred until the 19th century. From 1832 onwards,
Wales and the
palatine county of
Chester, served by the
Court of Great Sessions, were merged into the circuit system. The commissions for (the City of)
London and
Middlesex were replaced with a
Central Criminal Court, serving London's broadened metropolis, and county courts were established widely to hear many civil cases which had taken the writ-action form of
nisi prius. The
Supreme Court of Judicature Act 1873, which merged judges of equity and common law competing systems into the
Supreme Court of Judicature, transferred the jurisdiction of the commissions of assize (e.g. the possessory assizes that heard actions relating to the dispossession of land) to the
High Court of Justice, and established district registries of the High Court across the country, leaving a minimal civil jurisdiction to the (travelling) assizes. In 1956, crown courts were set up in
Liverpool and
Manchester, replacing the assizes and quarter sessions. This was extended nationwide in 1972 following the recommendations of a
royal commission. ==Circuits==