ARQUEBUS. 



when (truck, bring held out the full 



nimultaneoiMly, the 



. :... 



On the riolin, fluto, *c., when the note* cannot be held out, the 

 Arpeggio U commonly executed thui : 



ARQUEBUS. [ARtm.] 



AHRAC. [A*A<nc.] 



ARRAIGNMENT. This word U derived by Sir Matthew Hale 

 from ttrnutourr, ad ratimtem ponert, to call to account or answer, 

 which, in ancient law French, would be ad-retoMr, or, abbreviated, 

 a-rener. Conformably to this etymology, arraignment means nothing 

 more than calling a person accused to the bar of a court of criminal 

 judicature to answer formally to a charge made against him. The 

 whole proceeding at present consists in calling upon the prisoner by 

 his name, reading over to him the indictment upon which he is 

 charged, and demanding of him whether he is guilty or not guilty. 

 Until very lately, if the person accused pleaded 1 that he was not guilty, 

 he was asked how he would be tried ; to which question the usual 

 answer was, "By Ood and my country." This useless form was 

 abolished by Stat 7 ft 8 Oeo. IV., c. 28, s. I, which enacts, that "if 

 any person, not having privilege of peerage, being arraigned upon an 

 indictment for treason, felony, or piracy, shall plead ' Not guilty,' he 

 shall, without any further form, be deemed to have put himself upon 

 the country for trial, and the court shall in the usual manner, order a 

 jury for the trial of such person accordingly." 



The arraignment of a prisoner is founded upon the plain principle of 

 justice, that an accused person should be called upon for his answer to a 

 charge before he is tried or punished for it. That this was a necessary 

 form in English criminal law at a very early period appears from the 

 leteisal in parliament of the judgment given against the Mortimers in 

 the reign of Edward II., which Sir Matthew Hale calls " an excellent 

 record." One of the errors assigned in that judgment, and upon which 

 its reversal was founded, was as follows : " that if in this realm any 

 subject of the king hath offended against the king or any other person, 

 by reason of which offence he may lose life or limb, and be there- 

 upon brought before the justices for judgment, he ought to be called 

 to account (pout ration!), and his answers to the charge to be heard 

 before proceeding to judgment against him ; whereas in this record 

 and proceedings it is contained that tile prisoners were adjudged to be 

 drawn and hanged, without having been arraigned (arrcnati) there- 

 upon, or having an opportunity of answering to the charges made 

 against them, contrary to the law and custom of this realm." (Hale's 

 Pleat of Ike Orotat, book U. c. 28. 



The ceremony of the prisoner holding up his hand upon arraign- 

 ment is merely adopted for the purpose of pointing out to the court 

 the person who is called upon to plead. As it is usual to place several 

 prisoner* at the bar at the same time, it is obviously a convenient 

 mode of directing the eyes of the court to the individual who is 

 addressed by the officer. In the case of Lord Stafford, who was tried 

 fnr high treason in 1080, on the charge of being concerned in the 

 Popish plot, the prisoner objected, in arrest of judgment, that he had 

 not been called on to hold up his hand on his arraignment ; but the 

 i declared the omission of this form to be no objection to the 

 ' of the trial. (HoweO's State Trial*, vol. vii. p. 1555.) 

 iEOY, a remarkable institution, which formerly subsisted in 

 Otaheite and the other islands of the Society group. The first notice 

 of the existence of this institution was brought to Europe by Cook, 

 on his return from his first voyage in 1771. The account given In the 

 narrative of the voyage published the following year was, !> 

 generally supposed to have received a colouring from the florid pen of 

 Hawkesworth, by whom the book was written. In the narrative of 

 his second voyage, which he wrote himself, Cook appear* inclined to 

 soften down certain of the features of the former representation. Sub- 

 sequent statements wan given by Dr. Forster and others, for the most 

 part differing from each other in important particulars. The fullest 

 account, we believe, that has appeared, and at the same time the 

 latest, is that given in Ellis's -Polynesian Researches,* vol. i. 

 pp. 811-844. 



Amidst many contradictory statement*, it seems to be admitted that 

 the institution was distinguished by great profligacy .of manners, and 

 that infanticide was common with its members. One of the 



"f the introduction of Christianity into the island .'i 



has been the entire abolition of those associations, as well as 

 of the practice of infanticide generally. What effect this change may 

 have upon the progress of population, remains in great part still to be 

 ascertained. Mr. Ellis states, that when the missionaries arrived at the 

 islands, the natural proportion of the sexes had been so deranged, that 

 there were four or flve men to one woman. Mr., Malthus has gin-n it 



as his opinion, that the Arreoy was in all probability originally insti- 

 tuted with the view of preventing the inconvenient increase of popu- 

 lation ; and he seems to think that, from the unsparing rigour with 

 which the fundamental law of the association appears to have been 

 observed, it probably had that effect. But this opinion is in oppo- 

 sition to the general fact, which, as he notices, had been before 

 remarked by Mr. Hume, that the existence in any country of a law 

 (K-nuitting infanticide, had usually, from ito tendency to promote 

 marriages by diminishing the fear of their consequences, been attended 

 with the opposite result 



ARREST is the apprehending or restraining a man's person )>y 

 authority of law. 



In criminal matters the object of an arrest is to secure the pri 

 one who has, or is supposed to have, committed an offence, in order 

 that he may be brought before a magistrate ; and then, if there appears 

 sufficient ground of suspicion against the party to justify his being put 

 upon his trial, the magistrate takes measures for securing his presence 

 before the proper court, either by committing him to prison, or l.y 

 taking bail for his appearance. 



An arrest may be made either by virtue of a warrant, or, where the 

 law authorises it, without warrant. A warrant may be granted in 

 extraordinary oases by the privy council, the secretaries of state, and 

 some other public officers ; but the only warrants which occur in the 

 ordinary administration of the law are such as are issued by justices of 

 the peace, whose duties in that respect are regulated by the statute 

 11 * 12 Viet c. 42. 



When a charge is made before a magistrate, it is his duty to examine 

 the witnesses upon oath (unless it be intended to issue a summons, and 

 not a warrant, in the first instance), and to take down their stat. 

 in writing ; and then, if he see any probable ground of su 

 against the party charged, he may issue a warrant for his apprehension. 

 The person to whom, the warrant is directed generally some constable 

 or other peace-officer is bound to execute it as far as the magistrate's 

 jurisdiction and his own extends ; but if the party to be arrested 

 escapes into another county, the warrant cannot be executed without 

 being backed, that is, signed by a justice of the peace for that county. 

 [WARRANT.] 



But in many cases an arrest may be made without a warrant, par- 

 ticularly by officers connected with the administration of justice. A 

 constable, for instance, may arrest in case of felony, if there is reason- 

 able ground of suspicion, and for any breach of the peace actually com- 

 mitted in his view; so persons loitering at night, and suspected of 

 having committed or being about to commit a felony, under the Act 

 (9 & 10 Viet c. 25) relating to injuries by explosive substances, may 

 be arrested by any constable or peace-officer without a warrant 



An officer may, upon a criminal charge, break open doors, if, upon 

 demand of admittance, it cannot be otherwise obtained ; he may like- 

 wise, in apprehending a person charged with felony, use any degree of 

 force that may be necessary ; and if the person charged attempt to save 

 himself by flight or resistance, and is killed by the officer (there Leing 

 no other means of preventing an escape), the homicide is justifiable ; 

 but if he kill the officer with the intent to oppose him in the execution 

 of his duty, it is murder. 



Private persons, also, ore not only authorised, but required, to appre- 

 hend any person who commits a felony in their presence ; and in pur- 

 suing such felon, they will be justified in breaking open doors and in 

 using force, as much as an officer. A private person may likewise 

 arrest upon reasonable suspicion of felony ; but inasmuch as this U not 

 a duty enjoined by the law, he is not armed witii the same privileges 

 as where he saw the offence committed : he cannot justify breaking 

 open doors, or using the same degree of force ; if he kill the suppose! 

 offender, he will be guilty of manslaughter; and if he lie killed, the 

 offence will be the same, and not murder : besides this, he act* at hi* 

 own peril, and is liable to an action unless he can show that a f. -lony 

 had been actually committed, and that there was reasonable ground to 

 suspect the person whom he arrested. 



There are also several cases where private persons have the power of 

 arresting given them by Act of Parliament. Any person whatsoever in 

 authorised to apprehend for any offence against the Vagrant Act, 

 4 ft 5 Oeo. IV. c. 88. And where persons are found committing any 

 offence against the Larceny Act, or the Malicious Injuries Act, 7 & 8 

 Oeo. IV. c. 29 and 80, they may be apprehended, without warrant, by 

 any peace-officer, or by the owner of the property, or by his servant, or 

 any person authorised by him. So any one may apprehend persons 

 found committing offences under the Prevention of OflcnceH Act, 

 1 1 *, 15 Viet. c. 10, or persons found committing any indictable oflcncc 

 in the night 



Wl,. n an officer has arrested any one, he ought to take him before a 

 magistrate to lie examined as soon as possible. Where a private person 

 has made the arrest, he will in general bo justified cither in taking the 

 party arrested before a justice of the peace, or delivering him over to 

 a constable of the place, and this alternative is expressly given him by 

 the Vagrant Act; but the Larceny Act and the Malicious Injuries Act 

 require that the person arrested should be forthwith taken be; 

 justice of the peace. But if a person be apprehended in an attempt to 

 commit a felony at night, he may lawfully be detained, even by a 

 private person, till he can be carried before a magistrate. 



There is likewise another mode of arrest for felony, and that is upon 



