Abramabe

Lat. An old Latin word of frequent occurrence in Bracton, and constantly applied to the ancient proceeding by assise; usually translated by the modem word arraign; arramare having been cormpted into arrainare by a very slight change in a 'single letter. See Arraign. Ad assisam — captendam quam A. arramavit versus B.; to take an assise which A. arraigned [i. e. brought] against B. Bract. fol. 110 D, 111. Ad audiendum assisam quam B. — arramavit versus eundem A.; to hear an assise which B. arraigned [brought] against the said A. Id. fol. Ill b. See iS. fol. 177 b, 196 b, 219. Spelman considers this word as another form of the barbarous Latin adr Juimire, arhamire, and arramire, and derives it from the old French arramir, to swear, to solemnly undertake, promise or pledge. Assisam arramare, according to the same author, was an expression applied to both parties in that proceeding, and signified to make a solemn choice of the assise as a mode of trial, in preference to the duellum or battel, and to declare such choice openly. Spelman, voc. Adrhamire. So, when a criminal originally was arraigned, (to use the modem word,) he was allowed to choose in what way he would be tried, and when he had made his choice, and openly proclaimed it at the bar, in answer to the question, " How wilt thou be tried ?" he was said arramare, and to be thereupon arramatus, (afterwards arrainatus, or arrai^ed.) This opinion has much to sustam it m the ancient practice of the courts as illustrated by Spelman, but is not easily reconcileable with the fact that the term arraign, in its application to criminal proceedins^s, has always been exclusively used to denote the act of the court, and not that of the party. As to the meaning of the expression assisam arramare, so frequent m Bracton, there is less room for doubt, as that author constantly uses the expression, portare assisam, (to bring an assise) to denote the same thmg. Bract, fol. 26, 33, 177, 196 b, 197. Arramare probably had a technical sense, expressive of some peculiarity of proceeding, which was figuratively used to denote prosecution generally, just as the modem expression, " to file a bill," is da Jlj used to denote the commencement of a suit m equity.