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 that the annual visit to Wales was curtailed if not altogether discontinued. It is difficult to fix the date of Asser’s arrival in England, but it was probably about 885. He assisted the king in his studies, received from him the monasteries of Congresbury and Banwell, and sometime later “Exeter and its diocese in Saxonland and Cornwall.” He became bishop of Sherborne before 900, and his death is recorded in the Anglo-Saxon Chronicle under the date 910, although it is possible that it occurred a year or two earlier. The scanty details of Asser’s life are taken from his biography of Alfred, from which it is inferred that he was acquainted with one or two Frankish biographies, and possibly had visited the continent of Europe.
Asser’s work, Annales rerum gestarum Alfredi magni, was written about 893, and consists of a chronicle of English history from 849 to 887, and an account of Alfred’s life, largely drawn from personal knowledge, down to 887. The only manuscript of which there is any record dates from about 1000, and was destroyed by fire in 1731. From this manuscript an edition was printed in 1574 under the direction of Matthew Parker, archbishop of Canterbury; but this contained many interpolations and alterations which were copied by subsequent editors. The text has since been the subject of careful study, and the edition edited by W.H. Stevenson (Oxford, 1904) distinguishes between the original work of Asser and the later additions. Some doubt has been cast upon the authenticity of the work, especially by T. Wright in the Biographia Britannica literaria (London, 1842), who ascribes the life to a monk of St Neots; but the latest scholarship regards it as the work of Asser, although all the difficulties which surround the authorship have not been removed. The life was largely used by subsequent chroniclers, among others by Florence of Worcester, Simeon of Durham, Roger of Hoveden, and William of Malmesbury.
See W.H. Stevenson, Introduction to Asser’s Life of King Alfred (Oxford, 1904); R. Pauli, Introduction to König Aelfred (Berlin, 1851).