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question the usual answer was, “By God being concerned in the Popish plot, the and my country.” But by a late statute prisoner objected, in arrest of judgment, (7 & 8 Geo. IV. c. 28, sec. 1) this form that he had not been called on to hold up was abolished; and it was enacted, that his hand on his arraignment; but the “if any person, not having privilege of judges declared the omission of this form peerage, being arraigned upon an indict- to be no objection to the validity of the ment for treason, felony, or piracy, shall trial. (Howell's State Trials, vol. vii. plead . Not guilty,' he shall, without any p. 1555.) further form, be deemed to have put him- ARREST, PERSONAL. [DEBT.] self upon the country for trial, and the ARRESTMENT in the law of Scotcourt shall, in the usual manner, order a land is a process by which a creditor may jury for the trial of such person accord attach money or moveable property which ingly."
a third party holds for behoof of his debtor. The arraignment of a prisoner is It bears a general resemblance to foreign founded upon the plain principle of jus attachment by the custom of London. tice, that an accused person should be [ATTACHMENT.] The person who uses it called upon for his answer to a charge is called the arrestor; he in whose hands before he is tried or punished for it. That it is used is called the arrestee, and the this was a necessary form in English debtor is called the common debtor. It is criminal law at a very early period ap- of two kinds, arrestment in execution and pears from the reversal in parliament of arrestment in security. The former can the judgment given against the Mortimers proceed only on the decree of a court, on in the reign of Edward II., which Sir a deed which contains a clause of regisMatthew Hale calls an “excellent record.” tration for execution, or on one of those One of the errors assigned in that judg. documents, such as bills of exchange and ment, and upon which its reversal was promissory notes, which by the practice founded, was as follows:—“ That if in this of Scotland are placed in the same position realm any subject of the king hath as deeds having a clause of registration. offended against the king or any other Arrestment in security is generally an inperson, by reason of which offence he cidental procedure in an action for the may lose life or limb, and be thereupon constitution of a debt; but it may be obbrought before the justices for judgment, tained from the Bill Chamber of the Court he ought to be called to account (poni of Session on cause shown, as a method of rationi), and his answers to the charge to constituting a security for a debt not yet be heard before proceeding to judgment due. This latter class of arrestments is against him; whereas in this record and under the equitable control of the judge proceedings it is contained that the pri- who issues it; and it is a general prinsoners were adjudged to be drawn and ciple that it cannot be obtained unless the hanged, without having been arraigned claimant show that circumstances have (arrenati) thereupon, or having an oppor occurred which have a tendency to make tunity of answering to the charges made his chance of payment less than it was at against them, contrary to the law and the time when he entered into the engagecustom of this realm." (Hale's Pleas of ment with his debtor. An arrestment the Crown, book ii. c. 28.)
may be recalled on it being shown that it The ceremony of the prisoner holding should not have been issued, and an arup his hand upon arraignment is merely restment in security may be “ loosed” on adopted for the purpose of pointing out to the debtor finding security for the paythe court the person who is called upon to ment of his debt. An arrestment in exeplead. As it is usual to place several cution expires on the lapse of three years prisoners at the bar at the same time, it from the date of its execution, and an aris obviously a convenient mode of direct- restment in security, on the lapse of three ing the eyes of the court to the individual years from the day when the debt becomes who is addressed by the officer. In the due. In the meantime, the person in case of Lord Stafford, who was tried for whose hands the process is used, is liable high treason in 1680, on the charge of in damages if he part with the property arrested, but it cannot be attached after 1 c. 21, the commission is "by the king he has parted with it, in the hands of a himself signed with his own hand,” and atboná-fide holder. The arrestment is made tested by the clerk of the crown in Chaneffectual for the payment of the debt by an cery. During the last illness of George IV. action of Forthcoming, in which the com- an act was passed to appoint one or more mon debtor is cited. It concludes for person or persons, or any one of them, payment of the money if the arrestment to affix in the king's presence, and by his be laid on money, or for their sale for Majesty's command given by word of behoof of the creditor if it be laid on other mouth, his Majesty's signature by means moveable goods. The arrestee may plead of a stamp. When the king comes down against the arrestor whatever defence he in person, he is seated on the throne, might have had against the common robed and crowned. The royal assent is debtor. The authority of the local courts rarely given in person, except at the end was enlarged in regard to arrestments, of a session; but bills for making proand the process was generally regulated, vision for the honour and dignity of the by the 1 & 2 Vict. c. 114. The practice crown, such as settling the bills for the on this subject will be found in Darling's civil lists, have generally been assented to • Powers and Duties of Messengers-at- by the king in person immediately after Arms.'
they have passed both houses. When the ARSON. [Malicious INJURIES.] bill for supporting the dignity of Queen
ARTICLES OF WAR. [MUTINY | Adelaide received the royal assent in the Act.]
usual form, in August, 1836, she was preASSENT, ROYAL. When a bill has sent, attended by one of the ladies of the passed through all its stages in both bed-chamber and her maids of honour, and houses of parliament, if it is a money sat in a chair placed on a platform raised bill, it is sent back to the charge of the for that purpose. After the royal assent officers of the House of Commons, in was pronounced, the queen stood up and which it had of course originated; but if | made three curtesies, one to the king, one not a bill of supply, it remains in the to the lords, and one to the commons. custody of the clerk of the enrolments in The bills that have been left in the House the House of Lords. The royal assent is of Lords lie on the table; the bills of always given in the House of Lords, the supply are brought up from the Commons Commons, however, being also present at by the Speaker, who, in presenting them, the bar, to which they are summoned by especially at the end of a session, is acthe Black Rod. The king may either be customed to accompany the act with a present in person, or may signify his short speech. In these addresses it is assent by letters patent under the great usual to recommend that the money which seal, sigued with his hand, and commu- has been so liberally supplied by his nicated to the two houses by commis- Majesty's faithful Commons should be sioners. Power to do this is given by judiciously and economically expended; 33 Henry VIII. chap. 21. The commis- and a considerable sensation has been sioners are usually three or four of the sometimes made by the emphasis and great officers of state. They take their solemnity with which this advice has seats, attired in a peculiar costume, on a been enforced upon the royal ear. The bench placed between the woolsack and royal assent to each bill is announced by the throne. When the king comes in the clerk of the parliaments. “When her person, the clerk assistant of the parlia- Majesty gives her assent to bills in perment waits upon his Majesty in the son, the clerk of the crown reads the robing-room before he enters the house, titles, and the clerk of the parliament reads a list of the bills, and receives his makes an obeisance to the throne, and commands upon them. During the pro- then signifies her Majesty's assent. A gress of a session, the royal assent is gentle inclination, indicative of assent, is usually given by a commission under the given by her Majesty, who has already great seal issued for that purpose. In given her commands to the clerk assist. strict compliance with 33 Henry VIII. ant.” (May's Law, 8c. of Parliament.) After the title of the bills is read by the hardship when there is a bill denied.” clerk of the crown, the clerk of the But another instance occurred towards parliament says, if it is a bill of supply, the close of the same year, which was which receives the royal assent before more remarkable, in consequence of its all other bills, “ Le roi (or lu reyne) re- being followed by certain proceedings in mercic ses bons sujets, accepte leur bene- parliament, which was sitting at the time. volence, et ainsi le veult;" if any other This was the rejection of the bill compublic bill, “ Le roi le veult;" if a private monly called the Place Bill, the object of bill, “ Soit fait comme il est desirée." In which was to exclude all holders of an act of grace or pardon, which has offices of trust and profit under the crown the royal assent before it is laid before from the House of Commons. It was parliament, where it is only read once presented to the king along with the in each house, and where, although it Land-tax Bill; and the day after he had may be rejected, it cannot be amended, assented to the one and rejected the other, there is no further expression of the the House of Commons, having resolved royal assent, but, having read its title, itself into a grand committee on the state the clerk of the parliament says, “ Les of the nation, passed the following resoPrelats, Seigneurs, et Communes, en ce lution :-“That whoever advised the king present parliament assemblées, au nom de not to give the royal assent to the act touts vos autres sujets, remercient très which was to redress a grievance, and humblement vostre majesté, et prient à take off a scandal upon the proceedings Dieu vous donner en sante bonne vie et of the Commons in parliament, is an longue."
enemy to their majesties and the kingWhen the royal assent is refused to dom; and that a representation be made a bill, the form of announcement is Le to the king, to lay before him how few roi s'avisera. It is probable that in for instances have been in former reigns of mer times these words were intended to denying the royal assent to bills for remean what they express, namely, that dress of grievances; and the grief of the the king would take the matter into con- Commons for his not having given the sideration, and merely postponed his de- royal assent to several public bills, and in cision for the present; but the necessity particular to this bill, which tends so of refusing a bill is removed by the con- much to the clearing the reputation of stitutional principle that the crown has this house, after their having so freely no will except that of its ministers, who voted to supply the public occasions.” only retain their situations so long as An address conformable to the resolution they enjoy the confidence of parliament. was accordingly presented to his Majesty There has been no instance of the rejec-by the whole house. The king returned tion by the crown of any bill, certainly a polite answer to so much of the address not of any public bill, which had passed as referred to the confidence that ought through parliament, for many years. It to be preserved between himself and the is commonly stated, even in books of parliament, but took no notice of what good authority (for instance, in Chitty's was said about the rejection of the bill. edition of Blackstone), that the last in- When the Commons returned from the stance was the rejection of the bill for royal presence, it was moved in the house triennial parliaments by William III. That application be made to his Majesty in 1693. Tindal, in his continuation for a further answer;" but the motion was of Rapin, says, “ The king let the bill negatived by a majority of 229 to 28. lie on the table for some time, so that Mr. Hatsell, in the second volume of men's eyes and expectations were much his Precedents (edition of 1818), quotes fixed on the issue of it; but in conclu- other instances of subsequent date to this. sion he refused to pass it, so the session | The latest which he discovered was the ended in an ill humour. The rejecting rejection of a Scotch militia bill by Queen a bill, though an unquestionable right of Anne in 1707; and this is also the latest the crown, has been so seldom practised, mentioned in Mr. May's recent work. that the two houses are apt to think it a | In former times the refusal of the royal
assent was a common occurrence. Queen, ing to his regalie and dignitie, to any Elizabeth once at the end of a session, out person or persons whose names be exof ninety-one bills which were presented pressed in this act, or to any other that to her, rejected forty-eight.
might be hurt by the same." It is the royal assent which makes a In the time of the Commonwealth, an bill an act of parliament, and gives it the English form was substituted for those in force of a law. As by a legal fiction the Norman-French, which had been prelaws passed throughout a whole session viously and are now in use. On the 1st of parliament are considered as forming of October, 1656, the House of Commons properly only one statute (of which what resolved" that when the Lord Protector are popularly called the separate acts are shall pass a bill, the form of words to be only so many chapters), it used to be a used shall be these, The Lord Protector matter of doubt whether the royal assent, doth consent." In 1706, also, a bill passed at whatever period of the session it might the House of Lords, and was read a sebe given, did not make the act operative cond time in the House of Commons, for from the beginning of the session, when abolishing the use of the French tongue no day was particularly mentioned in the in all proceedings in parliament and body of it as that on which it should courts of justice, in which it was directed, come into effect. In order to settle this “that instead of Le roy le veult, these point, it was ordered by 33 George words be used, The king answers Be it III. c. 13, that the clerk of parliament so; instead of Soit fait comme il est desirée, should for the future endorse on every these words be substituted, Be it as is bill the day on which it received the prayed; where these words, Le roi reroyal assent, and that from that day, if mercie ses bons sujets, accepte leur benethere was not in it any specification to volence, et ainsi le veult, have been used, the contrary, its operation should com- it shall hereafter be, The king thanks his
good subjects, accepts their benevolence, and It appears that the several forms of answers Be it so ; instead of Le roi s'aviwords now in use are not, as has been sera, these words, The king will consider sometimes stated, exactly the same that of it, be used." Why this bill was rehave been employed in this ceremony jected by the Commons,” says Hatsell, from the first institution of parliaments. or why its provisions with respect to For instance, it is recorded that Henry proceedings in parliament were VII. gave his assent to the bill of at- adopted in an act which afterwards tainder passed in the first year of his passed in the year 1731, That all proreign (1485). against the partisans of ceedings in courts of justice should be in Richard III. in the more emphatic terms, English,' I never heard any reason asLe
roy le voet, en toutz pointz. On some signed.” For further information on this occasions, of earlier date, the assent is subject, see Hatsell's Precedents, espestated to have been given in English. cially vol. ii. pp. 338-351 (edition of Thus, to a bill of attainder passed against 1818); also May's Treatise upon the Law, Sir William Oldhall in 1453 (the 31st of Privileges, Proceedings, and Usage of Henry VI.), the clerk is recorded in the Parliament, 1844. Rolls of Parliament to have announced ASSEMBLY, GENERAL, OF SCOThis Majesty's assent as follows: “The LAND. [GENERAL ASSEMBLY.] king volle that it be hadde and doon in ASSEMBLY, NATIONAL. [STATESnianer and forme as it is desired.” And GENERAL.] in 1459, in the case of an act of attainder ASSEMBLY OF DIVINES. (WESTagainst the Duke of York, the Earls of MINSTER ASSEMBLY.] Salisbury, Warwick, and others, the same ASSESSED TAXES. [Taxes.] king gave his assent in the following ASSESSOR. The word assessor is form:="The king agreeth to this act, so Latin (ad-sessor), and signifies one who that by virtue thereof he be not put from sits by the side of another. An assessor his prerogative to show such mercy and was one who was learned in the law, and grace as shall please his highness, accord- sat by a magistrate or other functionary,
such as the governor of a province (Pre-1 "surveyor," who adds this duty incises), to aid him in the discharge of the dentally to his general private business. judicial duties of his office. It is stated in Under the Insolvent Act (7 & 8 Vict. c. the Digest, i. tit. 22, “De Officio Asses- 96) an assessor may be appointed for sorum," " that all the duties of assessors, inferior courts, who has power to award by which the learned in the law discharge imprisonment in cases of fraudulent debts. their functions, lie pretty nearly in the ASSESSOR. In Scotland the magisfollowing matters : cognitiones, postula- trates of corporate burghs who exercise tiones, libelli, edicta, decreta, Epistolæ.” | judicial powers, generally employ some The Latin words are here retained, be- professional lawyer to act as their assescause they cannot be correctly rendered sor. It is his duty to see that the proper by single equivalents in English. This judicial control is exercised over the prepassage shows that they were persons paration of the pleadings, and to make acquainted with the law, who aided in the out drafts of the judgments. discharge of their duties those function- ASSETS (from the Norman French aries who required such assistance. A assetz, sufficient) is the real and personal work of the learned Jurist Sabinus is property of a party deceased, which, referred to by Ulpian (Dig. 47, tit. 10, either in the hands of his heir or devisee, i. 5), which appears from the title to have or of his executor or administrator, is treated of the duties of assessors. An chargeable with the payment of his debts instance is mentioned in Suetonius (Galba, and legacies. Assets are either personal 14) of a man being raised from the office
Personal assets comprehend of assessor to the high_dignity of Præ- goods, chattels, debts, and devolve on the fectus Prætorii. The Emperor Alexan- executor or administrator; and assets der Severus gave the assessors a salary. (including all real estate) descend to the (Lampridius, Alex. Severus, 46.) In the heir-at-law, or are devised to the devisee later empire assessors were also called of the testator. Assets are also distinConciliarii, Juris studiosi, and Comites. guishable into legal, or such as render the It is conjectured by Savigny (Geschichte executor or heir liable to a suit at comdes Röm. Rechts im Mittelalter, i. 79) that mon law on the part of a creditor, and as the old forms of procedure gradually equitable, or such as can only be rendered fell into disuse, the assessors took the available by a suit in a court of equity, place of the judices; or in other words, and are subject to distribution and marbecame Judices. Originally the assessor shalling among creditors and legatees, acdid not pronounce a sentence; this was cording to the equitable rules of that court
. done by the magistrate or person who pre- ASSÍENTO TREATY; in Spanish, sided. (See the passage in Seneca, De EL ASIENTO DE LOS NEGROS, Tranquill. c. 3.)
and EL PACTO or TRATADO DEL Two officers called assessors are elected ASIENTO, that is, the compact for the by the burgesses in all municipal bo- farming, or supply, of negroes. It is roughs, annually on the 1st of March. plain that the word Assiento, though ocThe qualifications are the same as those casionally signifying an assent or agreeof a councillor; but actual members of ment, cannot, as is sometimes stated, have the council, the town-clerk, and treasurer that meaning in this expression. Spain, are ineligible. In corporate towns divided having little or no intercourse with those into wards, two assessors are elected for parts of Africa from which slaves were each ward. The duty of the assessors is obtained, used formerly to contract with to revise the burgess lists in conjunction some other nation that had establishments with the mayor, to be present at the elec- on the western coast of that continent for tion of councillors, and to ascertain the the supply of its South American possesresult of elections. (5 & 6 Will. IV. c. 76.) sions with negroes.
Such treaties were The word assessor is not usually applied made first with Portugal, and afterwards in this country to those whose duty it is to with France, each of which countries, in assess the value of property for local or consideration of enjoying a monopoly of public taxation. This is usually done by a the supply of negroes to the South Ame