ARRAIGNMENT, in the practice of the criminal law in England, means calling a pris oner by his name to the bar of the court to answer the matter charged upon him in the in diatinent. And having the presumption of innocence in his favor, it is the law, and so laid down in the most ancient books, that, though charged upon an indictment of the highest nature, he is entitled to stand at the bar in the form and in the garb of a freeman, without irons or any manner of shackles or bonds, unless there be evident danger of his escape, or of violence at his hands. When arraigned on the charge of treason or felony, the pris oner is called upon by name to hold up his hand, by which he is held to confess his iden tity with the person charged. This form, however, is not an essential part of the pro ceedings at the trial, and it is sufficient for the prisoner, when arraigned, to confess his identity by verbal admission or otherwise. When thus duly arraigned, the indictment is distinctly read over to the accused in the English tongue, and lie then either confesses the fact—that is, admits his guilt—or he puts himself upon his trial 1,)y,a plea of not guilty. Formerly, one of the incidents of the A. was the prisoner standing mute, as it was called—that is, refraining from, or refusing, a direct answer to the indictment; in which case the court proceeded to inquire whether the silence was of malice on the part of the prisoner, or was produced by the visitation of God, and to deal with him accord ingly. But by the 7 and 8 Geo. IV. c. 78, s. 2, it is enacted that where a prisoner shall stand mute of malice, it shall be lawful for the court to order the proper officer to enter a plea of "not guilty," on which the trial shall proceed, as if the plea had been actually pleaded by the prisoner himself. When there is reason to doubt, however, that the prisoner
standing mute is sane or not, a jury consisting of any twelve persons who may happen to be present is forthwith charged to inquire whether he has intellect enough to plead and to understand the course of the proceedings. If they find the affirmative, the plea of "not guilty" is entered, and the trial goes on; but if the negative, the insane person will be ordered by the court to be kept in strict custody during her majesty's pleasure, according to the 39 and 40 Geo. III. c. 94, s. 2.
By 19 and 20 Viet. c. 16, facilities are provided for the trial of prisoners in the central criminal court, although the offense may have been committed out of the jurisdiction of that tribunal, and it directs the A. to take place in the ordinary form.
In the Scotch criminal law, the expression calling the diet corresponds to A. The prisoner is called upon by name by the presiding judge to attend to the indictment against him, which is read aloud by the clerk, and the prisoner is then required to plead, Which he does, as in England, by a plea of "guilty" or of "not guilty;" in the event of which latter, the trial proceeds—the prisoner, either by himself or his counsel, having always the last word before the court and before the jury. In This respect, it is only so in England in some cases.
According to Sir Matthew Hale, the term A. is derived from arraisoner, ad rationem ponere, to call to account or answer, which in ancient French law would be ad-resoner, or, abbreviated, a-resner. See TRIAL, INDICT3IENT, INFORMATION, PROSECUTION, PLEA, VERDICT, NOT PROVEN.