z<)o ASS 
To ASSOT', v. a. [from fot ; ajfottr , Fr.] To infatuate; 
to befot: a word, out ofufe. 
To ASSUA'GE, v. a. [The derivation of this word is 
uncertain : Minfhew deduces it from adfuadere, or ajfua- 
viare ; Junius from fwces, fweet; from whence Skinner 
imagines ajwafan might have been formed.] To mitigate; 
to foftenV to allay : 
Refrelhing winds the fummers heats ajfuage, 
And kindly warmth difarms the winter’s rage. Addifon. 
To appeafe ; to pacify. To eafe; as, The medicine ajfuages 
pain. 
To Assuage, v.n. To abate.—God made a wind to 
pafs over the earth, and the waters ajfuaged. Gen. viii. i. 
ASSU AGE'MENT,y. Mitigation; abatement of evil: 
Tell me when fhall thefe weary woes have end, 
Or fhall their ruthlefs torment never ceafe. 
But all my days in pining languor fpend, 
Without hope of ajjuagement or releafe. Spenfer. 
ASSUA‘GER,y. One who pacifies or appeafes. 
ASSUAN'. See Syene. 
ASSUA'SIVE, adj. Softening; mitigating: 
If in the bread tumultuous joys arife, 
Mufic her foft ajf'uafive voice fupplies. Pope. 
To ASSUB'JUGATE, v.a. Ifubjugo, Lat.] To fub- 
jecd to : not in uje. 
This valiant lord 
Mud not fo date his palm, nobly acquir’d ; 
Nor by my will ajjubjugate his merit. 
By going to Aclnlles. Shakefpeare. 
ASSUEFAC'TION, f. [ajfuefacio, Lat.] The date of 
being accudomed to any thing. 
ASSU'ETUDE, f. [ ajfuetude , Lat.] Accudomance ; 
cudom; habit.—We fee that ajfuetude of things hurtful, 
doth make them lole the force to hurt. jBacon. 
To ASSU'ME, v.a. [ ajumo , Lat.] To take: 
This when the various god had urg’d in vain. 
Me drait ajjum'd his native form again. Pope. 
To take upon one’s felf. To arrogate; to claim or feize 
unjudly. To fuppofe fomething granted without proof.— 
In every hypothefis, fomething is allowed to be ajfamed. 
Boyle .—To apply to one’s own nfe ; to appropriate.—His 
maj.edy might well ajfume the complaint and exprellion of 
king David. Clarendon. 
To Assume, v.n. To be arrogant; to claim more than 
is due. 
ASSU'MER, y An arrogant man; a man who claims 
more than his due.—Can man be wife in any courfe, in 
which he is not lafe too! But can thefe high ajfumers, and 
pretenders to reafon, prove themfelves fo i South. 
ASSU'MING, part. adj. Arrogant ; haughty.—This 
makes him over-forward in bufinefs, ajfuming in converfa- 
tion, and peremptory in anfvvers. Collier. 
ASSUMPSIT, f. [ajfiime, Lat.] In law, is taken for 
a voluntary promife, by which a man a Humes or takes up¬ 
on him to perform or pay any thing to another: it com- 
prehendeth any verbal promife, made upon confideration, 
and the civilians exprefs it diverfely, according to the na¬ 
ture of the promife, calling it fometimes paBum, fome- 
limes promijfionem, or conflitutum, &c. An attion upon the 
cafe on affumpfit, (or, as it is alfo expreded, on promifes,) 
is an adfion the law gives the party injured by the breach 
or non-performance of a contract legally entered into; it 
is founded on a contract either exprefs, or implied by 
law ; and gives the party damages in proportion to the lofs 
he has fuftained by the violation of the contract. 4 Co. 92. 
Moor 667. 
The law diftinguifhes between a general indebitatus af- 
Jumpfit and a fpecial ajjumpfit: for though they come under 
the denomination of a< 5 tions on the cafe, and the party is 
to be recompenfed in damages alike in both, yet the firft 
feems to be of a fuperior nature, and will lie in no cafe 
ASS 
but where debt will lie ; but for a particular undertaking, 
or collateral promife to difcharge the debt or duty of ano¬ 
ther, a fpecial affumpfit mud be brought. 1 New. Abr. 163. 
Action on the cafe on afliimpfit lies, for not making a good 
effate of land fold, according to promife ; not paying mo¬ 
ney upon a bargain and fale, according to agreement; not 
delivering goods upon promife, on demand ; this is by ex¬ 
prefs affumpfit; an implied affumpfit is where goods are 
fold, or work is done, &c. without any price agreed upon; 
in an aftion on the cafe by quantum meruit or quantum vale- 
bat, the law implies a promife and fatisfaftion to the value. 
When one becomes legally indebted to another for goods 
fold, the law implies a promife that he will pay this debt; 
and, if it be not paid, indebitatus affumpfit lies. 1 Danv. 
Abr. 26. And indebitatus affumpfit lies for goods fold and 
delivered to a flranger ad requifliontm of the defendant. 
But on indebitatus afliimpfit for goods fold, you mull prove 
a price agreed on, otherwife the action will not lie; tho* 
this is helped by laying a quantum meruit with the indebi¬ 
tatus affumpfit, wherein if you fail in proof of the price 
agreed on, you may recover the value. Wood's Injl. 5 36. 
If A and B, having dealings with each other, make up 
their accounts, and B is found in arrear, and promifes to 
pay the balance, an affumpfit lies againd him, on infimul 
computajfent, and A need not bring a writ of account. Cro. 
Jac.6 9. 1 Rol. Rep. 396. Buljl. 208. Moor 854. So if A 
gives money, or delivers goods, to B to merchandize there¬ 
with, and B promifes to render an account, affumpfit lies 
on this exprefs promife, as well as account. 1 Salk. 9. So 
if a tenant, being in arrear for rents, fettles an account of 
arrears with his landlord, and promifes to pay him the fum 
in which lie is found in arrear, an alfiimpfit lies on this 
promife. 1 Rol Abr. 9. Bro. Account, 81. Raym. 211. 2Keb. 
813. Vide Style, 131, 2S3. Cro.Jac. 602. So on a balanced 
account between two partners, though including items not 
connected with the partnerfhip. 2 Term. Rep. 479,483. But 
if the obligor in a bond, without any new confideration, 
as forbearance, &c. promifes to pay the money, an af¬ 
fumpfit will no: lie, but the obligee mu ft Bill purfue his 
remedy by aftion of debt. 1 Rol. Abr. 8. Hutt. 34. Cro.Eliz. 
240, feems contra. Where a man comes to buy goods, 
and they agree upon a price and a day for the payment, 
and the buyer takes them away, an affumpfit for the mo¬ 
ney is the proper adlion, for trover will not lie for the 
goods, becaufe the property was changed by a lawful bar¬ 
gain, and by that bargain the buyer was to convert the 
goods before the money was due. 1 New Abr. 167. If a- 
man and a woman, being unmarried, mutually promife to- 
marry each other, and afterwards the man marries another 
woman, by which he renders himfelf incapable of per¬ 
forming his contract, an alfumpfit lies, in which the wo¬ 
man fhall recover damages. Carter, 233. An indebitatus- 
alfumpfit lies for money by cudom due for fcavage ; ad¬ 
judged upon a fpecial verdift, by which it was found, that 
the fum demanded was due by cudom, but that there was 
no exprefs promife to pay it. 2 Lev. 174. If one receive 
my rent, under pretence of title, I may have an indebita¬ 
tus afiumpfit againd him. 2 Mod. 262. If a feme foie- 
marries a man, who in truth is married to another woman,, 
and he makes a leafe of her lands and receives the rents,, 
fhe may bring an indebitatus alfumpfit againd him for fo 
much money received to her ufe; adjudged after verdift. 
1 Salk. 28. 
Where action is brought upon a eontratl, if the plaintiff 
midakes the fum agreed upon, he fails in his aftion ; but 
if he brings it upon the promife in law, arifing from the 
debt, there, though he midakes the fum, he fhall recover. 
Alleyn, 29. Every contract made between parties, implies 
a mutual promife for performance : and yet an action may 
be brought on a reciprocal promife by one againd the 
other, although he who brings it hath not performed on 
bis fide. Dyer, 30, 75. When an affumpfit or promife is 
the ground of the action, it mud be precifely fet forth. 
3 leu. 319. If a promife be made without limitation of 
time for its performance, reafonable time fhall be allowed. 
