286 ASS 
ASSI'MILATENESS,/. Likenefs. 
ASSIMILA'TION,/. The aft of converting any thing 
to the nature of another. The ftate of being affimilated, 
or becoming like fomething elfe.—It is as well the inflinft 
as duty of our nature, to afpire to an ajjimilation with God ; 
even the moft laudable and generous ambition. Decay of 
Piety. 
Assimilation, in phyfics, is that motion by which 
bodies convert other bodies related to them, or at lead fuch 
as are prepared to be converted, into their own fubftance 
and nature. Thus, flame multiplies itfelf upon oily bo¬ 
dies, and generates new flame; air upon water, and pro¬ 
duces new air ; and all the parts, as well fimilar as organi- 
cal, in vegetables and animals, firft attradt with fome elec¬ 
tion or choice, nearly the fame common or not very different 
juices foraliment, and afterwards aifimilate or convert them 
to their own nature. 
To ASSI'MULATE, v.a. [ajimulo , Lat.] To feign; 
to counterfeit. 
ASSIMULA'TION,/. [ajimulatio , Lat.] A diflem- 
bling; a counterfeiting. 
ASSl'SA CADE'RE, in law, fignifies to be non-fuited ; 
as, when there is fuch a plain and legal infufficiency in a 
fuit, that the complainant can proceed no further on it. 
Fleta, lib. iv. c. 15. BraElon, lib. ii. c. 7. 
Assisa Ca'dit in Jura'tam, is where a thing in con- 
troverfy is fo doubtful, that it mu ft neceflarily be tried by 
a jury. Fleta, lib. iv. c. 15. See Attaint. 
Assisa Continuan'da, a writ direfted to thejuftices 
of affife for tire continuation of a caufe, when certain re¬ 
cords alleged cannot be produced in time by the party that 
has occafion to ufe them. Reg.Orig. 217. 
Assisa Prorogan'da, is a writ direfted to the juftices 
afligned to take aflifes, for the ftay of proceedings, by rea- 
fon of the party’s being employed in the king’s bufinefs. 
Reg. Orig. 208. 
ASSl'SE,/ [ajis, Fr. The word is properly derived 
From ajjideo, Lat. to fit together.] According to our ancient 
books, aflife is defined to be an affembly of knights, and 
other fubftantial men, with the juftice, in a certain place, 
and at a certain time appointed. Cujlum. Normand. cap. 24. 
It is alio taken for the court, place, and time, when and 
where the w rits and procelTes of aflife are handled or ta¬ 
ken. And in this (ignification aflife is general; as, vs hen 
the juftices go their feveral circuits with commiflion to 
take all aflifes; or fpecial, where a fpecial commiflion is 
granted to certain perfons (formerly oftentimes done) for 
taking an aflife upon one or two difleifinsonly. Brad. lib.iii. 
Concerning the general aflife, all the counties of Eng¬ 
land are divided into fix circuits; and two judges are af¬ 
ligned by the king’s commiflion to every circuit, who hold 
their aflifes twice a-year in every county, (except Middle- 
Fex, where the king’s courts of record do fit, and where 
his courts for his counties palatine are held;) and thefe 
judges havfe five feveral commiflions. i.Of oyer and ter¬ 
miner, direfted to them and many other gentlemen of the 
county, by which they are empowered to try treafons, fe¬ 
lonies, &c. and this is the largeft commiflion. 2. Of gaol 
delivery, direfted to the judges and the clerk of aflife aflfo- 
ciate, which gives them pow er to try every prifoner in the 
gaol committed for any offence whaifoever, but none but 
prifoners in the gaol; fo that one way or other they rid 
the gaol of all the prifoners in it. 3. Of aflife, direfted to 
themfelves only, and the clerk of aflife, to take aflifes, and 
do right upon writs of aflife brought before them by fuch 
as are wrongfully thru'! out of their lands and poffeflions; 
which writs were heretofore frequent, but now- men’s pof¬ 
feflions are fooner recovered by ejeftments, &c. 4. Of 
jj iji prius, direfted to the judges and clerk of aflife, by 
which civil caufes grown to iflue in the courts above, are 
tried in the vacation by a jury of twelve men of the coun¬ 
ty where the caufe of aftion arifes ; and, on return of the 
verdift of the jury to the court above, the judges there 
give judgment. Thefe caufes by the courfe of the courts 
are uftialjy appointed to be tried at Weftminfter in fome 
ASS 
Eafter or Michaelmas term, by a jury returned from the 
county wherein the caufe of action arifes; but with this 
provifo, nifi prius, unlefs before the day prefixed, the 
judges of afiize come into the county in queftion. This 
they are fure to do in the preceding vacation. 5. A com- 
miftion of the peace, in every county of the circuits; and 
all juftices of the peace of the county are bound to be 
prefent at the aflifes ; and fheriffs are alfo to give their at¬ 
tendance on the judges, or they fliall be fined. Bacon's 
Elem. 15, 16, &c. 3 Comm. 60, 269. 
There is a commiflion of the peace, oyer and terminer 
and goal delivery of Newgate, held eight times in a year, 
for the city of London and county of Middlefex, at Juf- 
tice-hall in the Old Bailey, where the lord mayor is the 
chief judge. In Wales there are but two circuits, North 
and South Wales; for each of which the king appoints 
two perfons learned in the laws to be judges. Stat. 18 
Eliz. c. 8. If juftices fit by force of a commiflion, and 
do not adjourn the commiflion, it is determined. 4 Injl.26 5. 
The conftitution of the juftices of aflife was begun by 
Hen. II. though fomewhat different from what they now 
are : and by Magna Charta juftices fliall be lent through 
every county once'a year, who, with the knights of the 
refpeftive fibres, fliall take aflifes of novel difleifin, &c. in 
their proper fliires, and what cannot be determined there 
fhall be ended by them in fome other place in their circuit; 
and, if it be too difficult for them, it fhall be referred to 
the juftices of the bench, there to be ended. 9Hen.HI. c.i 2. 
Assise, is likew ife ufed for a jury, w here aflifes of no¬ 
vel difleifin are tried : the panels of aflifes fliall be array¬ 
ed, and a copy indented delivered by the fheriff, &c. to 
the plaintiffs and defendants fix days before the fefiions, 
&c. if demanded, on pain of 40I. by (fat. 6 Hen. VI. c. 2. 
And aflife is taken for a writ for recovery of pofleflion of 
things immoveable, whereof any one and his anceftors 
have been difleifed. I.ikewdfe, in another fenfe, it figni¬ 
fies an ordinance or ftatute as aflifa pant's et ceivfue. Reg. 
Orig. 279. 
Assise of No'vel Dissei'sin, \_afftfa novee diffeifnee, 
Lat.] An aflife of novel difleifin is a remedy maxime fejli- 
num, for the recovery of lands and tenements, of which 
the party was difleifed. 2 Injl. 410. And it is called novel 
difleifin, becaufe the juftices in eyre went their circuits from 
feven years to feven years; and no aflife was allowed be¬ 
fore them, which commenced before the laft circuit, which 
was called an ancient aflife ; and that which was upon a 
difleifin fince the laft circuit, and aflife of novel dijfeifin, 
Co. Lit. 153 b. 
An aflife is called feflinuni revtedittm. It lies where te¬ 
nant in fee-fimple, fee-tail, or for term of life,- is put out 
and difleifed of his lands, or tenements, rents, common of 
pafture, common way, or of an office, toll, &c. Gtanv. 
lib.x. Reg.Orig. 197. Aflife muft be of an aftual free¬ 
hold in lands, &c. and not a freehold in law : it lieth oT 
common of pafture, where the commoner hath a freehold 
in it, and the lord or other perfons feed it fo hard, that all 
the grafs is eat up ; but then the plaintiff muft count and 
fet forth how long the land w as fed, and allege per quod 
profcuumfuum ibidem amifit, ( 3 c, q Rep. 113. One may 
have an aflife of land and rent, or of feveral rents, and of¬ 
fices and profits in his foil, all in one writ; and, if it be of 
a rent-charge, or rent-feck, it fliall be general de libero te- 
nmento in fuch a place, and all the lands and tenements of 
the tenants charged ought to be named in the writ; but 
in aflife for rent-fervice it is otherwife. Dyer, 31. An af- 
fife may be brought for an office held for life ; but then 
it muft be an office of profit, not of charge only : of the 
toll ot a mill, or market, aflife lieth ; though it may not 
be brought of fuit to a mill. 8 Rep. 46, 47. 
An aflife was brought of the office of a filazer of the 
court of Common Pleas, and the demandant counted de 
libero tenemento, and alleged feifin, by taking money fora 
capias, and the poft was put in view where the officer fat. 
Dyer, 114. An aflife lieth of the office of regifter of the 
admiralty, and the demandant laid a prefeription to it, viz. 
