ASS 



in tSeir way. Mante's Tranflatiou of Maizeyoy's TaAics, 

 Tol. i. p. iS6, Sec. 



AsbAui.T, AJfiiUus, or Inftihus, in La'x-, an offer or 

 attcmiit to hurt tlic pcrloii ot another. 



Or, it is a viokiit liijiii-y ofTered to a man's perfon, of a 

 larirtr extent than battery, becaufe it may be committed by 

 only (ifitriiig to give a blow, without touching him, as if 

 onehfts up liis cane, or liis fill, in a threatening manner, at 

 anotlier ; or ilrikes at liim, but mifl'es him ; this is an afTauk 

 deferibtd by Finch (h 202.) to be " an unlawful fctting upon 

 one's perfon." But no words whatfocvcr, lie they ever fo 

 provoking, can amount to an ad'ault, notwithftanding many 

 eminent opinions to the contraiy. 1 Hav.k. P. C. 62. § 1. 

 AfTauk does riot always imply a blow ; for, in trcfpafs for 

 afiault and battery, a man may be found guilty of the afTauk, 

 and exeilfed of the battery. i Hawk. P. C. 263. But 

 ever)- battery includes an aflault. 



For an allault, the offender is fubjeft both to an aftion 

 at tlie fuit of the party, in which he ihall render damages ; 

 and alfo to an indictment at the fuit of the king, in which 

 he fliall be fined according to the helnoi'.fnefs of the offence. 

 I Hawk. 263. 



The alTaulting (if a perfon with otTenfive weapons, with a 

 defig[i to rob (though no robbery enfues), is puniflud with 

 tranfportation for feven years. 7 Geo. II. c. 21. Aflauk- 

 ing in the llrei.t 01 highway, with intent to fpoil jieople's 

 cloatlis, and lo fpolling them, is felony and tranfportation, 

 by (^) Geo. I. c. 23. fee. II. And the afTauk of a privy 

 counfcilor in the execution of his office, is felony without 

 btneilt of clergy, by 9 Ann. c. l6. AlTauking or threat- 

 ening a coinifellor at law, or attorney em]iloyed in a caiife 

 againll a man, or a juror giving verdiet againll fiini, or an 

 advcrfary for fuing him. Sec. is puniihableon an iiidiclment, 

 bv fine and imprifonment, for the contempt. I Hawk. 5H. 

 There are other affaults to which peculiar piuiilhment? are 

 annexed: thus, flat. 5 Hen. IV. c. 6, and 1 1 Hen \'I. cm. 

 render affaults on members of parliament more than ufually 

 penal, upon non-furrendtT on proclamation. Stat. 9 Edw. 

 II. II. I. c. 3. gives a double criminal procefs againll thofc 

 who afiauk clergymen, indirtment for the temporal offence, 

 and procefs in the eccleliaflieal court for the Ipiritnal one. 

 By fiat. 5 Kliz. c. 4., fervants all'nnlting their mailer, mif- 

 trefs, or overfecr, may be imprlfoned twelve months, on 

 conviAion before two jullices. By flat. 9 Ann. c. 14. § 8. 

 to afTauk, beat, or challenge another, on account of money 

 won by gaming, incurs forfeiture of goods, and two years 

 iniprilonmtnt By Hat. 9 Geo. I. c. 22. to afTanlt another 

 bv wilfully fliooting at him, is felony without clergy. By 

 Hat. 12 Geo. I. c. 34. affauk'ng a mailer woolcomber or 

 weaver, &c. for not complying with the demands of workmen, 

 is felony, and tra\ifportatiini for levcn years. In many cafes 

 a man may jullify an afTauk : the defendant may juflify 

 •' molliter manus impofuit," in defence of his perl'on or 

 goods ; or of his wife, father, mother, or mailer, or for the 

 maintenance of jullice. Braft. 9 E. 4. 35 H.VI. c.51. 

 There are alfo other cafes in which afTauk may be jullifitd : 

 as, of an officer refilled in arrefling a man by warrant, of a 

 parent rcafonably chalUfmg liis child, or a mailer his fcrvaut, 

 or a fchooUiiafler his fcholar, or a gaoler his prifoncr, or even 

 a hulhand his wife for reatonable and proper caufe, &:c. 

 Hawk. P. C. 25S. 



ASSAY, Essay, or Say, in Mifd'ur^^v, the proof or 

 trial of the goodnefs, purity, value, &c. of metals, and 

 metalline fubftances, 



fn ancievit tlatutcs, this is called iovch ; and thofe who 

 had the care of it, keepers of the touch. Under Henry V'l. 

 liivers cities were appointed to have ituch for wrought f'lver 



ASS 



plate. 2 Hen. VI. c. 14. By this one might imagine they 

 had no better method of affaying than the fmiple one, by 

 the touch-ftone ; but the cafe is far otherwife. In the time 

 of king Henry II. the bifliop of Saliftiury, then treafarer, 

 confidtring that though the money paid into the king's ex.- 

 chequcr for his crown-rents, did anfwer vi/nitro izf pondeie, 

 it might nevcrthclefs be mixed with copper or brafs ; where- 

 fore a conllitution was made, called \.\\c trial by coinbiijiioti ; 

 which differs little or nothing from the prefent method of 

 afiaying filvcr. See a defcri])tion of it in the Black Book 

 in the Kxcheijner, written by Gervale of Tilbur)-, c. xxi. 

 The tnal is alio there called i/'.VAvm, and the i)flicer who made 

 it is named fufor. Vid. l,ownd. EfT. Amend. Silv. Loin. 

 p. 5. &I5J. 



The mtthod flill in ufe of alfaytn^ gold and filver, wa* 

 full ellablifhed by an aft of the Engliih parliament, in 1354. 

 Anderfon's Com. vol. i. p. iS". 



Assay, or J-'Jfuv, rjfiiyerVv. Prubiren Germ. The term 

 affav in its moll extended figuiiication, means a fpecies of 

 analvfis applied to metallic ores or alloys, the objeft of 

 which is to afcertain the quantity and proportion of only 

 one of the ingredients of the mafs. Hence it differs from 

 analvlis in general, as this takes notice of all the ingre- 

 dients: thus, in the afTay of copper ores, the fole object 

 is to know the proportion of pure metallic copper which a 

 given weight of the ore can be made to yield ; dllre-gard- 

 ing all the other component parts, fuch as the fulphur, 

 iron, fdex, S:c. or rather confounding them together under 

 the general term impurities. The lame mode ot inquiry 

 takes place in the affay of a mixiure of gold, or gold and 

 iilver, with copper, Icaif, tin, or any other of the inferieir 

 metals, the whole attention being directed lo the pro])'>r- 

 tion of line, or of gold and Iilver contained in the alloy. 

 For tlie various methoeis of coiidui'fing the afl'ays, the 

 reader is referred to the fevmal metals ; in all which articles 

 the fecond feilion is devoted to the allay and analylis of the 

 met:',! treated of. Gold and iilver, from their fuperior 

 commercial value, from their being the univcrlal mediums 

 of exchange throughout the civilized world, and from their 

 being the materials of the moll eoHly and Iplendld utenlils, 

 ornaments, and articles of furniture, have demanded and 

 obtained a greater accuracy in their aifay than any of the 

 other metallic bodies. The method of eonductmg it has 

 been the fubjeft of various legiflative regidations, has from 

 tim.e immemorial been entrullLd to a dillinft craft or prn- 

 feffiou, and has more than any other proccfs engaged the 

 attention of fome of the mofl abh; and accurate ehemills of 

 the prefent as well as of former ages. Feir thefe reafons, 

 under the articles Goi d and Silvi:r, we fliall enter at 

 length into the confideration of this important fubjeft. It 

 was at fill; our intention to have introduced in this place all 

 the maiur relative to the art of the alTayer, but by fuch 

 an arrangement, much uimccelTary repetition would have 

 been required ot information that properly belongs to the 

 articles ylffliy-Viw.h'iiCf, CupKL, Cui'i;i.lation, Coin, 

 yijjayer's Fu R N A c E, &c. 



Assay-Mast':r, an officer, under certain corporations, 

 entruded with the care of making true touch, or rt//7/v, of 

 the go'id and Iilver brought to him ; and giwug a juli re- 

 port of the gooiiiicfs or badncfs thereof. 



Such is the affay-mafler of the mint in the Tower, called ■ 

 alfo tifiiyer of' the Hn^. ■ 



The afTay-maller of the goldfmiths' company is a fort of 

 afiillant-warden, called alfo a tcuch-warden, appointed to 

 lurvey, affay, and mark all the filver-work, &c. committed 

 to him. — There are alfo affay-maflers, appointed by flatute, ^ 

 at York, Exeter, BriJtol, Cheltcr, Norwich, Newcullle, I 

 i and ' 



