ARRELA ARBROATH. 



blue mantle : the women wear a mantle and a lou<; 

 petticoat. Tin 1 freemen live in huts. Vegetables 

 form their principal foot!. Polygamy prevails among 

 them, yet the domestic afiairs are managed by the 

 women. Their language is allied to the Patagonmn. 

 One of the four toquis (high hereditary nobility) con- 

 ducts the public affairs. If he does not, however, 

 enjoy universal respect, the ulmenes, or hereditary 

 noblemen of an inferior class, displace him, and sub- 

 stitute one of their own number. Distinguished 

 knowledge and boldness must be shown by the nobi- 

 lity, to excite respect. The general appoints his own 

 lieutenant, who, in his turn, appoints another for 

 himself. Thus every inferior rank is dependent upon 

 the one above it, yet not on the supreme power. In 

 establishing laws and determining in military opera- 

 tions, every A. has a voice. The executive power, 

 however, is not bound by expression cf the popular 

 opinion. Till 1551, the A. fought only on foot, and 

 then, for the first time, they learned the value of 

 cavalry. Now they have many horses, and, on their 

 marches, each rider carries a foot soldier behind him, 

 so as to advance with more speed. In battles, ti:e 

 cavalry are posted on both wings. The lieutenant- 

 general, vice-toqui, commands one of the wings. In 

 the middle stand the infantry, armed with clubs or 

 spears. They are, likewise, well skilled in the use 

 of fire-arms. In their battles, a portion of the war- 

 riors usually remain behind as a corps-de-reserve. 

 The A. advance to an attack with a hideous noise. 

 In the revolutionary struggles of the South American 

 states, the toqui of the A. resolved upon neutrality, 

 which he honourably maintained. 



AKBFXA ; now Erbil ; a small place in Eastern 

 Assyria, renowned for a decisive battle fought by 

 Alexander the Great against Darius, at Gaugamela, 

 in its neighbourhood, B. C. 331. 



ARBITEK ; a name applied among the Romans, 1. 

 to a judge, whom the praetor hao commissioned to 

 decide a controversy pending before him, according 

 to the principles of equity (ex aquo et bono) ; 2. to a 

 person to whom the contending parties had committed 

 the decision of their dispute, without the interference 

 of a magistrate, by an agreement partly with one 

 another (compromissum), partly with him (receptum) ; 

 finally, 3. one whom the contending parties had only 

 consulted, with the design of his drawing up terms of 

 settlement, without binding themselves to assent to 

 them. To an arbiter, in the first signification, deci- 

 sions were committed by the praetor only in afiairs of 

 trust and confidence (in negotiis tonce fidet), not in 

 cases of strict right ( negotiis stricti juris). In the 

 latter cases, the praetor appointed a judge (judex pe- 

 daneus) who was to decide according to a strict rule 

 (formula) which was given to him. In this three- 

 fold signification, the arbiters ^taurtireu) among the 

 Athenians are comprehended. From the arbiter 

 comes the arbitrator, i. e. one to whom the deciding 

 judge proposes questions depending on scientific or 

 technical knowledge, which affect the decision of the 

 dispute. From the opinions of such a man, the par- 

 ties may appeal to the opinion of a third (to a reduc- 

 tio ad arbitrium boni viri). But as soon as they have 

 committed the decision to a third by an agreement 

 (compromissum), and the commission (receptum) has 

 been received by him, they must submit to his deci- 

 sion. His sentence (arbitrium, or laudum) can only 

 be assailed when something fraudulent, e. g. bribery, 

 can be proved against him. In the opinion of many 

 learned jurists, however, it may be called in question 

 in case of a great though unintentional violation of 

 justice (propter Itesionem enormissimam). Justinian 

 established a distinction between the decision to which 

 the parties subscribe, or which they approve by a 

 silence of ten days, and that against which they have 



protested within ten days. The former is called arbt- 

 triumhomologntuin ; the hitler, non Aontoiogutum. The 

 latter, according to him, ought to have no legal force. 



ARBITRATION. Parties may submit a dispute to ar- 

 bitration either orally or in writing, and, in cither 

 case, the award, when | roperly made, will be binding 

 upon the parties. The submission is in the nature 

 of a commission by Ixnli parties to the arbitrators to 

 determine the subject, in dispute. If either revokes 

 this authority before the award is made, the award 

 will not be binding upon the party so provok'njr. 

 But if the submission were by bond or covenant, or in 

 writing, and, in some cases, if it were merely oral, the 

 other party will be entitled to damages against the 

 party so revoking, for the breach of his agreement 

 to submit the matter in dispute to arbitration. Gen- 

 eral agreements to submit disputes that may arise, 

 such as those contained in policies of insurance, are 

 not binding by the laws of England. Similar agree- 

 ments, are, however, binding in Germany, and some 

 other parts of the continent, where articles of copart- 

 nership frequently contain a clause to submit disputes 

 between the partners to arbitration ; and wills often 

 contain a provision that disputes among the legatees 

 and devisees shall be so settled. In submitting dis- 

 putes under these stipulations, the parties sometimes 

 take an oath to comply with the award, or they agree 

 upon a penalty for not complying. Each is binding. 

 One reason for not giving effect to such general 

 agreements in England is, that it substitutes other 

 tribunals in the place of those established by the laws 

 of the country, which may be done in case of a dis- 

 pute that lias actually arisen, but not by a general 

 and prospective agreement. The laws of most coun- 

 tries, however, favour the settlement of disputes by 

 arbitration. The parties may agree in court to refer 

 their case to arbitration, and the judges will recog- 

 nise the agreement. Crimes cannot be made the 

 subjects of adjustment and composition by arbitration, 

 for the public is here one party ; but the personal 

 injuries and pecuniary damage resulting from crimes 

 or breaches of the peace may be made subjects of re- 

 ference. As to the persons who may agree upon a 

 submission, any one may do so who is capable of 

 making a disposition of his property, or a release of 

 his riglit ; but one under a natural or civil incapacity 

 cannot, as a married woman or minor. The arbitra- 

 tors chosen by the parties are often authorized to 

 choose an umpire, in case they disagree ; but in some 

 of the general stipulations for reference in Germany, 

 the umpire is agreed on beforehand by the parties. 

 As an arbitrator is a judge who receives a commission 

 from the contending parties, it must be left to them 

 to decide on his qualifications, and the laws do not 

 generally make any specific provisions on this sub- 

 ject. If, however, it appears that the arbitrator was 

 interested, and his interest was unknown to one of 

 the parties, or that he was bribed, or that any other 

 strong objection lay against his acting as arbitrator, 

 exception may be made to the award on that account. 

 The provisions of various statutes for carrying awards 

 into execution, and the exceptions that may be made 

 to them on the ground of interest, circumvention, 

 mistake, or informality, are too numerous to be stated 

 particularly. 



ARBROATH, or ABERBROTHICK, a royal burgh and 

 sea-port town in the county of Forfar, Scotland, situ- 

 ated near the confluence of the small river Brothic, 

 with the German ocean, 56 miles N. E. from Edin- 

 burgh. The early history of Arbroath is chiefly con- 

 nected with its abbey, the ruins of which afford strik- 

 ing proofs of its former magnificence. King William 

 the Lion granted the privileges of a royal burgh to 

 Arbroath about the middle of the 12th century, and 

 founded the abbey in 1178, which was dedicated to 



