Definition
A Law French term meaning "to make known" or "to certify." In historical legal usage, assavoir appeared primarily in the conveyancing context, functioning as an introductory or declaratory word in tacks (leases) and similar instruments of tenure. Its role was formulaic: to signal that what followed constituted a formal declaration or disclosure of terms, particularly in Scottish feudal land law. The term carried no independent substantive legal effect; rather, it served a structural function within the document, marking the transition into the operative or explanatory provisions.
Common Confusion
Assavoir is sometimes loosely equated with the Latin videlicet (abbreviated viz.), which similarly introduces a specification or explanation. The two are functionally related but not interchangeable. Videlicet is a Latin term of general application across common law instruments; assavoir is a Law French term with a distinctly Scottish feudal context, appearing primarily in tacks and institutional writings rather than in English common law pleading or conveyancing.
Why It Matters in Research
Researchers will encounter assavoir almost exclusively in Scottish feudal instruments and in the institutional writers who synthesized that tradition — particularly Erskine and Forbes. Its appearance in a document is a strong indicator that the instrument belongs to Scottish feudal or quasi-feudal practice, which operated under distinct principles from English common law conveyancing. Do not attempt to read assavoir through the lens of English deed construction.
The term functions as a verbal flag rather than a term of art with legal consequences. A researcher who misidentifies it as a substantive term may waste time searching for doctrine that does not exist. Treat it as equivalent to "namely" or "to wit" in its documentary role — useful for locating where operative terms begin, not as an independent source of rights or obligations.
Historical sources thin out quickly on this term. Burrill records it but provides minimal analytical content, pointing researchers directly to Forbes and Erskine. Those institutional sources remain the authoritative treatment. Researchers working with digitized Scottish legal manuscripts from the sixteenth through eighteenth centuries should recognize the term on sight and move immediately to the surrounding provisions rather than treating the word itself as requiring interpretation.
Historical Dictionary Support
Burrill's Law Dictionary is the primary English-language legal dictionary source. Burrill defines assavoir as meaning "to make known; for a tack or lease" and "to certify," directing readers to Forbes' Institutes (part 2, book 2, chapter 4, title 4, section 6) and Erskine's Institutes (book 2, title 6, section 20). These citations locate the term squarely within Scottish institutional literature on heritable rights and leases.
No other historical legal dictionaries in the standard shelf sources treat assavoir independently. Its absence from English-focused dictionaries like Tomlin, Bouvier (American editions), and Black's early editions reflects the term's jurisdictional limitation. Researchers relying solely on American or English legal dictionaries will find no entry and should not infer the term is undefined — it is simply outside those dictionaries' scope.
The institutional writers cited by Burrill remain the deepest available treatment. Erskine's discussion of tacks in book 2, title 6 provides the best context for understanding how such formulaic language operated within the larger framework of Scottish lease law. Forbes offers additional procedural context.
Jurisdictional Note
Assavoir is a term of Scottish feudal law. It has no recognized role in English common law instruments or in American legal practice. Researchers encountering it outside a Scottish context should treat the document with heightened scrutiny, as the term's appearance in non-Scottish instruments may indicate either an archaic or imitative formulation, or a document of uncertain provenance.