ARB 
ARBERG, or Ar'burg, a town of SwifTerlatvd, in 
the canton of Bern, with a handfome caftle. It is feated 
on the river Ar, in a kind of ifland. Lat. 47. o. N. Ion. 
7. 5. E. 
ARBITER,/ [Lat.] In the civil law\ implies a judge 
nominated by the magiftrate, or chofen voluntarily by two 
contending parties, in order to decide their differences. 
The civilians make a difference between arbiter and arbi¬ 
trator , though both found their power on the compromife 
of the parties; the former being obliged to judge accord¬ 
ing to the cuftoms of the law; whereas the latter is at li¬ 
berty to ufe his own difcretion, and accommodate the diffe¬ 
rence in that manner which appears ntoft juft and equitable. 
ARBITRABLE, adj. [from arbitror , Lat.] Arbitrary; 
depending upon the will.—The ordinary revenue of a par- 
fonage is in land, called the glebe ; in tythe, a fet part of 
our goods rendered to God; in other offerings bellowed 
upon God by the people, either in fuch arbitrable propor¬ 
tion as their own devotion moveth them, or as the laws or 
cuftoms of particular places do require them. Spelman. 
ARBITRAMENT, /. [from arbitror, Lat.] Will; 
determination; choice. It fhould be written arbitrcment: 
Stand faff! to Hand or fall, 
Free in thine own arbitrament it Hands; 
Perfect, within, no outward aid require, 
And all temptation to tranfgrefs repel. Milton. 
ARBITRARILY, adv. With no other rule than the 
will; defpotically ; abfolutely.—He governed arbitrarily, 
he was expelled, and came to the deferved end of all ty¬ 
rants. Dryden. 
ARBITRA'RIOUS, adj. [from arbitrarius, Lat.], Ar¬ 
bitrary ; depending on the will.—Thele are Handing and 
irrepealabie truths, fuch as have no precarious exiftence, 
or arbitrarious dependence upon any will or underftanding 
whatfoever. Norris. 
ARBITRA'RIOUSLY, adv. Arbitrarily; according 
to mere will and pleafure.—Where words are impofed ar. 
bitrarionjly, diiiorted from their common ufe, the mind 
muft be led into mifprifion. Glanvitle. 
ARBITRARY, adj. [arbitrarius, Lat.] Defpotic; ab- 
folute; bound by no law; following the will without re- 
ftraint. It is applied both to perfons and things: 
In vain the Tyrian queen refigns her life 
For the ehafte glory of a virtuous life, 
If lying bards may falfe amours rehearfe, 
And blaft her name with arbitrary verfe. Waljk. 
Depending on no rule; capricious.— 1 1 may be perceived, 
with what infeeurity we afcribe efteTs. depending on the 
natural period of time, unto arbitrary calculations, and 
fuch as vary at pleafure. Brown. 
Arbitrary Punishment, in law', denotes fuch pu- 
nifhments as are by ftatute left to the difcretion of the 
judge. It is a general rule in arbitrary punifhments, that 
the judge cannot i n H i 6b death. Hence all punifhments that 
are not capital have acquired the name of arbitrary pu¬ 
nifhments, even although they be exprcfsly pointed out 
By ftatute. 
To ARBITRATE, v. a. \_arbitror , Lat.] To decide; 
to determine ; to judge of: 
Yet, where an equal poife of hope and fear 
Does arbitrate th’ event, my nature is 
That I incline to hope, rather than fear. - Milton. 
To Arbitrate, v. n. To give judgment.—It did arbi- 
irate upon the feveral reports of fenfe, not like a drowfy 
judge, only hearing, but alfo direfling, their verdidl. South. 
ARBITRARINESS,/. Defpotical-nefs; tyranny.— 
He that by harflinefs of nature, and arbitrarinefs of com¬ 
mands, ufes his children like fervants, is what they meSh 
by a tyrant. Temple. 
ARBITRATION,/, [from arbitror, Lat.] Arbitra¬ 
tion is, where the parties fubmit all matters in difpute, 
concerning any perfonal chattels or perfonal wrong, to the 
judgment of one, two, or arbitrator, who are to do- 
ARB fa 
cide the cotitroverfy; or, if the two do ret agree, it is 
ufual to add, that another perfon be called in as umpire, 
to whofe foie judgment it is then referred. 3 Btackjl. 16. 
Generally all matters of controverfy, either of fail, or of 
right, in things andaCtions perfonal and uncertain, may 
be fubmitted to arbitration. 9 Co. 78. But matters of free¬ 
hold, or any right and title to a freehold, cannot be fub¬ 
mitted to arbitration; yet, if the parties enter into mutual 
bonds to ftand to the award relating to lands and tene¬ 
ments, they forfeit their bonds tinlefs they obey it. 1 Roll’s 
Abr. 242, 244. Alfo criminal matters, as felonies atid* 
other indiflable offences, cannot be fubmitted to arbitra¬ 
tion; and, although the fubmiffion be by bond, yet the 
obligation is void, and the parties may be punifbed for en¬ 
tering into fuch bonds. 1 Bac. Abr. 
Of fubmiflion there are divers kinds:—a fubmiffion by 
words is good, and the party in whofe favour the award is 
made hath a remedy to enforce the performance of it. Yet 
it is not expedient that any fubmiflion fhould be by words 
only, becaufe the party may revoke it any time before the 
award made, and that by word likewile, befides that it 
lays a great foundation for perjury. Compl. Arbitr. 21. 
SubmifTion may alfo be by covenant ; but this method is- 
feldom ufed; for though it contains the fame certainty 
with a bond, yet the method of filing on a covenant is- 
different, and more difficult than fuing upon a bond. Id. 
7. 46. There may alfo be a fubmiffion by rule of court,- 
which is in purfuance of the ftatute 9 and 10 Will. c. 15. 
whereby the parties may agree that their fubmiflion be 
made a rule of fuch of his majefty’s courts of record as 
the parties ffiall chufe; which court will thereupon carry 
the award into execution in the fame manner as- for con~- 
tempt of a rule of court. Or the fubmiflion may be by 
bond, which in fome refpeefs is preferable to a fubmiffion 
by rule of court; for an award made in purfuance of bonds? 
of fubmiffion may bind the parties executors; but, if -he? 
who refufes to perform an award made purfuant to a rule 
of court (hall die, the ftatute direCfing that the profecu- 
tion ffiall be carried on by attachment, the remedy being 
loft, the award is loft alfo. Compl. Arbitr. 34. Or the fob- 
miffion may be both by bond and rule oj court, by adding 
the parties confent at the bottom of the condition of the 
bond, and this feemeth to be the beft way,, for then the 
party may proceed which way he pleafes ; and it is faid, 
he rnay proceed both ways,, that is, both on the bond, and 
alfo have an attachment for the contempt. 1 Salk. 73. It 
hath been ufual alfo, of late years, to infert in the fub^ 
miffion a caution that no bill in equity- fhall be filed agaimT 
the arbitrators; for it would be a very great liardfriip upon, 
arbitrators if they fhould be hurrahed with fuits, and the 
allowing them to be liable to fuch fuits would effectually 
difeourage perfons of worth from accepting the office o£ 
arbitrators, st Aik. 395. 
The award muft be madfe according to the fubmiffion : 
upon which ground it hath been difputed, whether award¬ 
ing releafes to the time of the award, and not to the time 
of the fubmiffion, is good ; but it feemsto be now fettled,- 
that fuch award is not totally void, but good for fo much 
as is within the fubmiffion, and void for the refidue. Bac . 
Abr. If the fubmiffion be, fo as the award be ready to 
be delivered to the parties, or to fuch of them as fhall de¬ 
fire the fame, the parties fo bound are themfelves obliged 
to take notice of the award at their peril; but if the words 
of the fubmiffion be, fo that the award be delivered to each- 
party by fuch aday, then muft it be delivered to each party 
accordingly. Wood, b. 4. c. 3. An award muft be pojjible,, 
and lawful-, thus, if an award be that money ffiall be paid 
to an infant, and that he ffiall make a releafe, it is void ; 
for the infant’s releafe is not good in law. So alfo the 
award muft be certain and final, upon which account the 
arbitrators cannot regularly referve any thing for their fu¬ 
ture judgment, when the time allowed is expired. Cro. Ja . 
585. Generally, the award fhall be expounded according 
to the intent of the arbitrators, and ffiall not be unravelled 
in a court si equity, vmlefs there was corruption in t*e 
arbitrators 
