convenient time (forty days) before and after it. Members of Convocation appear to have the same privilege. th, Foreign ambassadors and their " domestics and domestic servants." Temporary privilege from arrest is_enjoyed by barristers travelling on circuit, by parties, witnesses, or attorneys connected with a cause, and by clergymen whilst
performing divine service.The arrest of any privileged person is irregular ab initio, and the party may be discharged on motion. The only exception is as to indictable crimes, such as " treason, felony, and breach of the peace."
There are no longer any places where persons are privileged from arrest, such as the Mint, Savoy, Whitefriars, &c., on the ground of their being ancient palaces ; but near the Palace of Holyrood, Edinburgh, a sanctuary still exists for the benefit of debtors, who resort there for such protection, and take lodgings within the precincts.
Except in cases of treason, felony, or breach of the peace, an arrest cannot be made on a Sunday, and if made it is void (29 Car. II. c. 7) ; but it may be made in the night as well as in the day.
II. In Criminal Cases.—All persons whatsoever are, without distinction, equally liable to this arrest, and any man may arrest without warrant or precept, and outer doors may be broken open for that purpose. The arrest may be made, 1st, by warrant ; 2d, by an officer without warrant; 3d, by a private person without warrant; or, 4</t, by a hue and cry.
1. Warrants are ordinarily granted by justices of the peace on information or complaint in writing and upon oath, and ,they must be indorsed when it is intended they should be executed in another county (see 11 and 12 Viet. c. 42). They are also granted in cases of treason or other offence affecting the Government by the Privy Council, or one of the secretaries of state, arid also by the chief or other justice of the court of Queen s bench in cases of felony, misdemeanour, or indictment found, or criminal information granted in that court. Every warrant ought to specify the offence charged, the authority under which the arrest is to be made, the person who is to execute it, and the person who is to be arrested.
2. The officers who may arrest without warrant are, justices of the peace, for felony or breach of the peace committed in their presence ; the sheriff and the coroner in their county, for felony ; constables, for treason, felony, or breach of the peace committed in their view, and within the metropolitan police district they have even larger powers ; and watchmen from sunset to sunrise.
3. A private person is bound to arrest for a felony committed in his presence, under penalty of fine and imprisonment.
4. The arrest by hue and cry is where officers and private per sons are concerned in pursuing felons, or such as have dangerously wounded others.
The remedy for a wrongful arrest is by an action for false imprisonment.
In Scotland the law of arrest in criminal procedure has a general constitutional analogy with that of England, though the practice differs with the varying character of the judicatories. Colloquially the word arrest is used in compulsory procedure for the recovery of debt ; but the technical term applicable in that department is caption, and the law on the subject is generically different from that of England. There never was a practice in Scottish law corresponding with the English arrest in mesne pro cess ; but by old custom a warrant for caption could be obtained where a creditor made oath that he had reason to believe his debtor meditated flight from the country, and the writ so issued is called a warrant against a person in meditatione fuyce. Imprisonment of old followed on eccle siastical cursing, and by fiction of law in later times it was not the creditor s remedy, but the punishment of a refrac tory person denounced rebel for disobedience to the injunctions of the law requiring fulfilment of his obligation. The system was reformed and stripped of its cumbrous fictions by an Act of the year 1837. Although the pro ceedings against the person could only follow on completed process, yet, by a peculiarity of the Scottish law, documents executed with certain formalities, and by special statute bills and promissory-notes, can be registered in the records of a court for execution against the person as if they were judgments of the court.
Arrest of Judgment is the assigning just reason why judgment should not pass, notwithstanding verdict given, either in civil or in criminal cases, and from intrinsic causes arising on the face of the record.
ARRESTMENT, in Scottish Law, denotes that process by which a creditor detains the goods or effects of his debtor in the hands of third parties till the debt due to him shall be paid. It is divided into two kinds, 1st, Arrest- ment in security, used when proceedings are commencing, or in other circumstances where a claim may become, but is not yet, enforceable ; and 2d, Arrestment in execution, following on the decree of a court, or on a registered document, under a clause or statutory power of registra tion, according to the custom of Scotland. By the process of arrestment the property covered by it is merely retained in its place ; to realise it for the satisfaction of the credi tor s claim a farther proceeding called " Forthcoming " is necessary. By old practice, alimentary funds, or those necessary for subsistence, were not liable to arrestment. By 33 and 34 Viet. c. 63, the wages of all labourers, farm- servants, manufacturers, artificers, and work-people, are not arrestable except (1) in so far as the y exceed 20s. per week ; but the expense of the arrestment is not to be charged against the debtor unless the sum recovered exceed the amount of the said expense ; or (2) under decrees for alimentary allowances and payments, or for rates and taxes imposed by law.
ARRIA, the wife of Csecina Prctus, who, having been engaged in the conspiracy of Scribonianus against the Emperor Claudius, 42 A.D., was condemned to death. Arria, resolving not to survive her husband, stabbed herself with a dagger, which she then handed to him with the words, " Paetus, it does not pain me." Her daughter, also called Arria, was the wife of Thrasea ; and when he was condemned to death by Nero, she would have imitated her mother s example, but was dissuaded by her husband, who entreated her to live for the sake of their children. She was sent into banishment.
and philosopher, who lived in the time of the Emperors Hadrian, Antoninus Pius, and Marcus Aurelius. He was a native of Nicomedia, born about the end of the 1st century of our era, and was one of the most distinguished disciples of the famous Epictetus. In 124 A.D. he lived at Athens, where he made the acquaintance of the Emperor Hadrian, who was so much struck with his practical wis dom as to raise him to several high offices ; and under Antoninus he obtained even the consulship. The only other event of his life of which we know anything is, that he was appointed governor of Cappadocia, and in that capacity distinguished himself by the victory he gained over the Alani. Arrian proudly disdained to give any in formation regarding himself; and his life, written by Dion Cassius, is lost. History and philosophy are greatly indebted to Arrian ; for, being a disciple of Epictetus, who himself did not write any work, Arrian determined to be to him what Xenophon had been to Socrates, and published his philosophical lectures in eight books, of which only the first half is extant ; but the portion which has come down to us gives us a most exalted view of the ethical philosophy of Epictetus and the Stoics generally. The work bears the title [ Greek ], and is contained in Schweighauser s Philosophies Epicteteae Monumenta, vol. iii. A second work, by which Arrian testified his attachment to
his great master, bears the title [ Greek ],, a