Page:EB1911 - Volume 02.djvu/825

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ASSEMANI—ASSER
779

ASSEMANI, the name of a Syrian Maronite family of famous Orientalists.

1. Joseph Simon, a Maronite of Mount Lebanon, was born in 1687. When very young he was sent to the Maronite college in Rome, and was transferred thence to the Vatican library. In 1717 he was sent to Egypt and Syria to search for valuable MSS., and returned with about 150 very choice ones. The success of this expedition induced the pope to send him again to the East in 1735, and he returned with a still more valuable collection. On his return he was made titular archbishop of Tyre and librarian of the Vatican library. He instantly began to carry into execution most extensive plans for editing and publishing the most valuable MS. treasures of the Vatican. His two great works are the Bibliotheca Orientalis Clementino-Vaticana rec. manuscr. codd. Syr., Arab., Pers., Turc., Hebr., Samarit., Armen., Aethiop., Graec., Aegypt., Iber., et Malab., jussu et munif. Clem. XI. (Rome, 1719–1728), 9 vols. folio, and Ephraemi Syri opera omnia quae extant, Gr., Syr., et Lat., 6 vols. folio (Rome, 1737–1746). Of the Biblioteca the first three vols. only were completed. The work was to have been in four parts—(1) Syrian and allied MSS., orthodox, Nestorian and Jacobite; (2) Arabian MSS., Christian and Mahommedan; (3) Coptic, Aethiopic, Persian and Turkish MSS.; and (4) Syrian and Arabian MSS. not distinctively theological; only the first part was completed, but extensive preparations were made for the others. There is a German abridgment by A. F. Pfeiffer.

2. Joseph Aloysius, brother of Joseph Simon, and professor of Oriental languages at Rome. He died in 1782. Besides aiding his brother in his literary labours, he published, in 1749–1760, Codex Liturgicus Ecclesiae Universae in xv. libris (this is incomplete), and Comment. de Catholicis sive Patriarchis Chaldaeorum et Nestorianorum (Rome, 1775).

3. Stephen Evodius, nephew of Joseph Simon and Joseph Aloysius, was the chief assistant of his uncle Joseph Simon in his work in the Vatican library. He was titular archbishop of Apamea in Syria, and held several rich prebends in Italy. His literary labours were very extensive. His two most important works were a description of certain valuable MSS. in his Bibliothecae Mediceo-Laurentianae et Palatinae codd. manuscr. Orientalium Catalogus (Flor. 1742), fol., and his Acta SS. Martyrum Orientalium. He made several translations from the Syrian, and in conjunction with his uncle he began the Bibliothecae Apostol. Vatic. codd. manusc. Catal., in tres partes distributus. Only three vols. were published, and the fire in the Vatican library in 1768 consumed the manuscript collections which had been prepared for the continuation of the work.

4. Simon, grandnephew of Joseph Simon, was born at Tripoli in 1752, and was professor of Oriental languages in Padua. He died in 1820. He is best known by his masterly detection of the literary imposture of Vella, which claimed to be a history of the Saracens in Syria.

ASSEMBLY, UNLAWFUL, the term used in English law for an assembly of three or more persons with intent to commit a crime by force, or to carry out a common purpose (whether lawful or unlawful), in such a manner or in such circumstances as would in the opinion of firm and rational men endanger the public peace or create fear of immediate danger to the tranquillity of the neighbourhood. In the Year Book of the third year of Henry VII.'s reign assemblies were referred to as not punishable unless in terrorem populi domini regis. It has been suggested (Criminal Code Commission, 1879) that legislation first became necessary at a time when it was usual for those landed proprietors who were on bad terms with one another to go to market at the head of bands of armed retainers (Statute of Northampton, 1328, 2 Edw. III. c. 3). An assembly, otherwise lawful, is not made unlawful if those who take part in it know beforehand that there will probably be organized opposition to it, and that it may cause a breach of the peace (Beatty v. Gillbanks, 1882, 9 Q. B. D. 308). All persons may, and must if called upon to do so, assist in dispersing an unlawful assembly (Redford v. Birley, 1822, 1 St. Tr. n.s. 1215; R. v. Pinney, 1831, 3 St. Tr. n.s. 11). An assembly which is lawful cannot be rendered unlawful by proclamation unless the proclamation is one authorized by statute (R. v. Fursey, 1833, 3 St. Tr. n.s. 543, 567; R. v. O'Connell, 1831, 2 St. Tr. n.s. 629, 656; see also the Prevention of Crimes [Ireland] Act 1887). Meetings for training or drilling, or military movements, are unlawful assemblies unless held under lawful authority from the crown, the lord-lieutenant, or two justices of the peace (Unlawful Drilling Act 1820, s. 11).

An unlawful assembly which has made a motion towards its common purpose is termed a rout, and if the unlawful assembly should proceed to carry out its purpose, e. g. begin to demolish a particular enclosure, it becomes a riot (q.v.). All three offences are misdemeanours in English law, punishable by fine and imprisonment. The common law as to unlawful assembly extends to Ireland, subject to the special legislation referred to under the title Riot. The law of Scotland includes unlawful assembly under the same head as rioting.

British Dominions Abroad.—The law of the British colonies as a general rule as to unlawful assemblies follows the common law of England. The definitions in the Criminal Codes of Canada (1892, s. 79) and Queensland (1899, s. 61) are substantially the same as the common-law definition above given. Under the Indian Penal Code (s. 141) an assembly of five or more persons is designated an unlawful assembly if the common object of the persons composing that assembly is—(1) to overawe by criminal force, or show of criminal force, the legislative or executive government of India, or the government of any presidency or any lieutenant-governor, or any public servant in the exercise of the lawful power of such public servant; (2) to resist the execution of any law or of any legal process; (3) to commit any mischief or “criminal trespass” or other offence; (4) by means of criminal force or show of criminal force to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water, or other corporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or (5) by means of criminal force or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do (see Mayne, Ind. Cr. Law, ed. 1896, p. 480). In South Africa and Mauritius the law on this subject is derived from the Roman Dutch and French law (see Riot.)

United States.—The common-law definition of unlawful assembly is accepted in the United States subject to the special legislation of the constituent states. The New York Penal Code (s. 451) declares that whenever three or more persons being assembled attempt or threaten any act tending towards a breach of the peace or injury to person or property, or any unlawful act, such assembly is unlawful (see Bishop, Amer. Crim. Law, 8th ed., 1892, vol. i. s. 534, vol. ii. s. 1256).

ASSEN, the capital of the province of Drente, Holland, 16 m. by rail S. of Groningen, at the junction of the two canals which run north and south to Groningen and Meppel respectively. Pop. (1900) 11,329. It is partly surrounded by a small forest belonging to the state. Assen possesses schools (a gymnasium and burgher school), a chamber of commerce, a museum of antiquities and a court-house. Peat-cutting forms a considerable industry. Many prehistoric remains found in the neighbourhood are in the museum at Leiden. Until the 19th century Assen was a small place built round the convent in which Otto II. (of Lippe), bishop of Utrecht, was murdered after being taken prisoner at Koevorden in 1237.

ASSER, or Asserius Menevensis (d. c. 910), English bishop, and author of a life of Alfred the Great, was a native of the western part of Wales, and was related to Nobis, bishop of St David's. He became a monk at St David's, and having acquired some reputation for learning, he was invited by King Alfred to his court. The king met the monk at Denu (probably East or West Dean, near Seaford in Sussex), but Asser did not at once accept the invitation of Alfred, and returned to Wales to consult his colleagues. He then agreed to spend six months of each year with the king and six months in his own land; but his first stay at the royal court extended to eight months, and it is probable