Arraign

To call a prisoner to the bar of the court to answer the matter charged in the indictment. 2 Hale, P. C. 216. To set in order. An assize may be arraigned. Litt. § 242; 3 Mod. 273; Termes de la Ley; Cowell.

To call a prisoner to the bar of the court to answer the matter charged in the indictment. 2 Hale, PL Cr. 216. To set in order. An assize may be arraigned. Littleton, § 242; 3 Mod. 273; Termes de la Ley; Cowell.

In criminal practice. To bring a prisoner to the bar of the court to answer the matter charged upon him in the indictment. The arraignment of a prisoner consists of calling upon him by name, and reading to him the indictment, (in the English tongue,) and demanding of him whether he be guilty or not guilty, and entering his pica. Crain v. United States, 162 U. S. 625, 16 Sup. Ct. 952, 40 In Ed. 1007; Early v. State, 1 Tex. App. 248, 268, 28 Am. Rep. 409; State v. Braunschweig, 36 Mo. 307; Whiter head v. Com., 19 Grat. (Vat) 640; United States v. McKnight (D. C.) 112 Fed. 982; State v. Hunter, 181 Mo. 316, 80 S. W. 955 ; State v. De Wolfe, 29 Mont. 415, 74 Pac. 1084.

In old English law. To order, or set in order; to conduct in an orderly manner; to prepare for trial. To arraign an assise was to cause the tenant to be called to make the plaint, and to set the cause in such order as the tenant might be enforced to answer thereunto. Litt § 442; Co. Litt. 262b.

To call one accused of crime to answer in form of law; to call him to the bar of the court to answer the matter of which he is indicted, or, according to Lord Coke, it is to take order that he ap- \ pear, and for certainty of the person, to hold up his hand, and to plead a sufficient plea. v. Arraigner; Ad rationem ponere.

In old English law. To order, or set in order; to conduct in an orderly manner; to prepare for trial. To arraign an assise was to cause the tenant to be called to make the plaint and to set the cause in such order as the tenant might be enforced to answer thereunto. To bring or prosecute. The terms arrainare and arramare (qq. v.) had ceeding by appeal. The word, in its application to proceedings, is now obsolete.

In criminal practice. To bring a prisoner to the bar of the court to answer the matter charged upon him in the indictment. The arraignment of a prisoner consists of calling upon him by name, and reading to him the indictment, (in the English tongue,) and demanding of him whether he be guilty or not guilty, and entering his plea.

In old English law. To order, or set in order; to conduct in an orderly manner; to prepare for trial. To arraign an assise was to cause the tenant to be called to make the plaint, and to set the cause in such order as the tenant might be enforced to answer thereunto. Litt. § 442; Co. Litt. 262b.

To call one accused of crime before

[L. Fr. arener, arrainer, arraisoner, aresner, from a resn, or reson, Lat. ad rationem ponere, to put or call to an account, (but see infra); L. Lat. arrainare, arraniare, arramare, arr'eniare, arrenare, qq. v.] Li criminal law. To call a man to answer in form of law. To arraign a prisoner is to call him to the bar of the court, to answer the matter charged against him in an indictment. 4 Bl. Com. 322. 2 Hal. P. C. 216. 4 Steph. Com. 392. Or, according to Lord Coke, it is to take order that he appear, and for the certainty of the person, to hold up his hand, and to plead a sufficient plea to the indictment, &c. Co. Litt. 263 a.

In old English law. To order, or set in order; to conduct in an orderly manner; to prepare for trial; simply, to prosecute. To arraign an assise was to cause the tenant to be cdled to make the plamt, and to set the cause in stick order as the tenant might be enforced to answer thereunto. Litt. sect. 442. Co. Litt. 262 b. Practically, it merely signified to bring an assise. See Arrainare, Arramare. The term arraign is applied also to the old criminal proceeding by appeal. Thus, in the case of Armstrong v. Lyle. it is said " the appeal was arraigned in French by the appellant's counsel, who read the count, ' &c., and the reporter then proceeds to apply the term to the accused himself: — " the clerk of the crown, going to arraign him, it was objected," <kc. 1 Salk. 60. The word, in its application to proceedings, is now obsolete. The true etymology of arraign is a matter of considerable uncertainty. That given by Sir Matthew Hale, and adopted by Blackstone, {a reson, or ad rationem ponere,) presents a very expressive analysis of its meaning as apphed to persons, and is literally sustained by the language of an old Parliament roll quoted by Cowell. Stephanus Rahaz, vie. Leicest, arrenatus, et ad rationem positus, de hoc quod^ &c.; Stephen Rabaz, sheriff of Leicestershire, being arraigned, and put or called to answer (or to account) of this, that he, &c. Bot. Pari. 21 Edw.' I. But, in the application of the word arraign to proceeding^, such as assises, <&c., (which is very common in the old books, though now disused,) this derivation becomes wholly inappropriate, and various others have accordingly been adopted. Cowell supposes arrcugn to be formed from the Fr. arranger, to set or put a thing in order, or in its place, answering somewhat to the modem word arrange. The same derivation is adopted by the author of the Termes de la ley. Lord Coke says it is from the Fr. arraipner, to order, or set in the right place. See supra. And see Astitution. Spelman, who is very copious in his illustration of the subject, is confident of the derivation of arraign from the old Latin word arramare, corrupted into arraniare (the usual Latin form,) by the very slight and easy change of m into ni. This opinion is remarkably confirmed by the authority of Bracton, who uses arramare frequently and without variation, applying it to assises and other judicial proceedings, but in no instance to persons. Si — arramaverit super eum assisam. Bract. fol. 18. Ad assisam quam A. arramavit versus B. /rf. fol. 110 b. See more under Arramare. There seems to be no doubt that this was the original form of the word, as applied to proceedings, at least as used in £nglish law, although in the Begister it is invariably written arrainare, in a^sisa quam arrainavit versus N. Reg. Grig, 198. See more under Arrainare. The French arrainer, or arrayner, occurs in Britton with the same application to assises. Si le fitz doit arrainer cest assise vers ascun. Britt. c. 70. Si amhideux eyent arrainy assise. Id. ibid. See Arrainer. In one passage the same author uses arener, in its modem sense, as applied to persons. La soient arenes par le visconte; they shall be arraigned there (in court) by the sheriff. Id. c. 4. But the word seems not to have been generally used in this sense until a later period. For further illustration of the original meaning of arraign, see Arramare.