Page:Cyclopaedia, Chambers - Volume 1.djvu/198

 ASS

his Heirs and are therefore chargeable as Jffett in his Hands. It the Heir alien the Lands before the Bond be put in Suit, he is dilcharged.

Assets enter maim, is when a Man dies indebted, leave- ing to his Executors fufficient wherewithal to difcha'rge his Debts and Legacies. See Executor.

ASSEVERATION, an earneft Affirmation, or Avouch- ing. See Affirmation, &c.

ASSID.SANS, Assidjf.i, in Antiquity, a Sect among the Jews ; thus called from the Hebrew, Q>-|iDn hhafi- dim, merciful, righteous — The Jffidd are recorded as hold- ing Works of Superrogation neceffary.— They were the Fa- thers and Predcceflors of the 'Pharifees ; and from thern likewife arofe the Effini. See Pharisee and Esseni.

The Jcfuit Serrarius and 2)rufus, have wrote againft each other upon the Subjeft of the Affid<eans, on occafion of a Paffage in Jofeph pen Goriou ; the firft maintaining, that by the Name AJJidtSans he means Effeni, and the lat- ter 'Pbarifees.

ASS1ENTO, in Matters of Commerce, a Contrail or Convention between the King of Spain and other Powers, for furnifhing the Spanijh Dominions in America, with Negro Slaves. See Negro, &c.

The Terni is originally Spanijh, and fignifies a Farm : Accordingly, the firft Afficnto was a Treaty or Contract made with the French Guinea Company, whereby they were put in poffeffion of this Privilege, in confideration of a certain Duty which they were to pay to the King of Spain's Farms, for every Negro thus furnifhed. —

This Contract was figned in the Year 1701, to laft ten Years, with a further Liberty allow'd the Affientifls of two Years more, in cafe they had not furnifhed the whole Num- ber flipulated before.' — The two principal Articles regarded, firlt, the Number of Negroes to be provided, which was 5800 while the War ihould laft, and 4800 in cafe of Peace. Secondly, The Duty to be paid the King of Spain, during the Farm, or .-ffiento -, which was fixed- at 33 Pieces of Eight per Head. —

By the Treaty of Utrecht, 'Philip V. being acknowledged King of Spain by the Allies ; it was one of the Articles of the Peace between England and France, that the Affiento Contract mould be transferred to the Englijh. — According- ly a new Inftrument was figned in May 1713, to laft 30 Years ; and the furnifhing of Negroes to the Spanijb Ame- rica, was committed to the South-Sea Company, juit then erected. See South-Sea Company.

In virtue hereof, they are yearly to furnifh 4800 Negroes ; for which they are to pay at the fame Rate as the French, with this Condition, that during the firft 25 Years, only half the Duty fhall be paid for fuch as they fhall import beyond the ftated Number.

The laft Article gives them a further Privilege not en- joyed by the French ; which is, that the Englijh Affientifil fhall be allowed, every Year, to fend to the S^&nijh Ame- rica a Ship of 500 Tons, loaden with the fame Commodi- ties as the Spaniards ufually carry thitherj with a Licence to fell the fame concurrently with them at the Pairs oi 'Puerto Sello, and La vera Cruz,. — This additional Article is fup- pofed as advantageous to the Company, as the whole Con- trail befides ; being granted contrary to the ufual Spanijh Policy, which has ever follicitoufly preferved the Commerce oi t\vt\r America to themfelves. See Register.

Some new Articles have been fince added to the antient AJfienta ; as, that the Englijh fhall fend their Regifter- Ship yearly, even tho' the Spanijh Flota and Galloons do not go ; and that for the firft 10 Years, the faid Ship may be of 650 Tun.

The manner of valuing the Negroes, in order to fettle the King of Spain's Duty, is the fame as delivered under the Article Negro.

ASSIGN, in Law, a Term introduced in favour of Ba- flards ; who, becaufe they cannot pafs by the Name of Heirs, are comprifed under that of AJfigns. See Heir and Bastard.

Assign is alio ufed for the appointing of a Deputy, or the making over a Right to another. See Assignee.

In this Senfe we fay, fuch Lands or Eftate were affigned or affected to fuch Perfons for fuch Ufes, &c. See Affec- tion, &c.

In the Stat. 10 Edw. I. we read of Juftices ajjlgrid to take Affizes, &c. See Assize.

Assign alfo fignifies to point out, or fet forth. — Thus we fay, to affign the real Caufe of fuch an Event, &c.

So, to ajfign Error, is to fhew in what part of a Procefs at Law, an Error is committed. See Error.

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To affign fa/fe Judgment, VerdiS, &c. is to declare how and where Judgment, Verdict, or the like, is uniuft. See Judgment, Verdict, &c.

. To ajfign Wajlc, is to fhew efpecialiy wherein the Wafte is committed. See Waste.

ASSIGNEE, in Law, a Perfon to whom a Thing is ap- pointed, or ajjigned, to be occupied, paid, or done. See Assign.

An Affignee differs from a Deputy in this, that the Affig- nee poUeffes or enjoys the thing in his own Right; and a Deputy in the Right of another. See Deputv.

Affignee may be fo either by Z)eed or by Law.

Affignee by Heed, is when a Leffee of a Term fells and affigns the fame to another : that other is his Affi'snee by Heed.—

Affignee by Law, is he whom the Law fo makes with- out any Appointment of the Perfon. — Thus, an Executor is Affignee in Law to the Teftator, who dies poffeffed of a Leafe made to him and his Affigns. See Executor , Testator, $$c.

ASSIGNMENT, the Act of Affigning, or transferring to another. See Assign.

The Alignment of a 'Dower, is the fetting out of a Wo- man's Marriage-Portion by the Heir. See Establishment and Dower.

ASSIMILATION, the A3 of affimilatmg 5 or an A3 whereby Things are rendered fimilar or like to one. ano- ther. See Similitude, £Sfc.

The Word is compounded of ad, to, and Jimilis, like.

Assimilation, Assimilatio, in Phyficks, is proper- ly a Motion whereby Bodies convert other duly difpofed Bodies, into a Nature like, or homogeneous to their own. See Motion, Body, l$c.

Some Phiiofophers call it, the Motion of Multiplication, meaning, that Bodies are hereby multiplied, not in Num- ber, but in Bulk ; which is more properly exprefled by the Motion of Augmentation or Accretion. See Accretion, Accession, Augmentation,^. _ Such Affimilation we fee in Flame, which converts the oily or other Particles of a Fuel into its own fiery and lumi- nous Nature. See Flame, Fuel, Fire, iSc.

The like we fee in Vegetables, where the watery Juices imbibed from the Earth, being further prepared and di- gefled in the Veffels of the Plant, become of a vegetable Nature, and augment the Wood, Leaves, Fruit, £J?c. there- of. See Vegetable, Veoetation, Sap, Wood, Fruit, ffe.

So in Animal Bodies, we fee the Food affimilated, or changed into an animal Subflance, by Digeftion, Chyli- fication, and the other Operations neceffary to Nutrition. See Food, Digestion, Chylification, Nutrition, Animal, &c.

ASSISA, or Assise, Affize. See Assize.

Assisa Cadera, to fall from the Affifc, in Law, is to be nonfuited. See Nonsuit.

Assisa Cadit in Juratam, is where the Thing in Con- troverfy is fo doubtful, that it mufl neceffarily be tried by a Jury. See Jury.

Assisa capi in modtim Affifis, is when the Defendant pleads to the Affize, without taking any Exception to the Count, Declaration, or Writ.

Assisa Nocumenti, is an Affize of Nuifance. See Nui- sance and Annoyance.

Assisa 'Panis ££ Cerevifitg, denotes the Power or Privi- lege of affigning, or adjufling the Weight and Meafure of Bread and Beer. See Assize.

Assisje Judicium, in Law, fignifies a Judgment of the Court, given either againft the Plaintiff or Defendant, for Default. See Debault.

Assisa Continuanda, is a Writ 'directed to the Juftices, to take an Affize for the Continuance of a Caufe, whete certain Records alledg'd cannot in Time be procured by the Party. See Writ.

Assisa proroganda, is a Writ directed to the Juftices of Affize, for the Stay of Proceedings, by reafon of the King's Bufinefs, wherein the Party is imployed. See Writ.

ASSIZE, or Assise, rfffifa, in Law, a fitting of Judges, or Juftices ; for the hearing and determining of Caules. See Judge, Justice, Cause, ESfc.

The Word is French, Affife, of Affis, feated ; form;d of Afjideo, I fit by ; which is compounded of ad, to, and fedeo, I fit. See Assessor.

Assize, or Assizes, were originally ufed for certain extra- ordinary Sittings of fuperior Judges, in the inferior Courts depending on their Jurifdiclion ; to inquire whether the fub- p p altern