Page:EB1911 - Volume 02.djvu/688

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
646
ARRAY—ARREST
  

of first instance and of commerce, a chamber of commerce, a branch of the Bank of France, a communal college, training colleges, and a school of military engineering. Its industrial establishments include oil-works, dye-works and breweries, and manufactories of hosiery, railings and other iron-work, and of oil-cake. For the tapestry manufacture formerly flourishing at Arras see Tapestry. It has a very important market for cereals and oleaginous grains. The trade of the town is facilitated by the canalization of the Scarpe, the basin of which forms the port.

Before the opening of the Christian era Arras was known as Nemetacum, or Nemetocenna, and was the chief town of the Atrebates, from which the word Arras is derived. Passing under the rule of the Romans, it became a place of some importance, and traces of the Roman occupation have been found. In 407 it was destroyed by the Vandals, and having been partially rebuilt, came into the hands of the Franks. Christianity was introduced by St Vedast (Vaast), who founded a bishopric at Arras about 500. This was soon transferred to Cambrai, but brought back to its original seat about 1100. As the chief town of the province of Artois, Arras passed to Baldwin I., count of Flanders, in 863, and about 880 was ravaged by the Normans. During this troubled period it retained some vestiges of its former trade, and the woollen manufacture was established here at an early date. Early in the 12th century a commune was established here, but the earliest known charter only dates from about 1180; owing to the importance of Arras, this soon became a model for many neighbouring communes. At this time the city appears to have been divided into two parts, one dependent upon the bishop, and the other upon the count. When Philip Augustus, king of France, married Isabella, niece of Philip, count of Flanders, Arras came under the rule of the French king, who confirmed its privileges in 1194. As part of Artois it came in 1237 to Robert, son of Louis VIII., king of France, and in 1384 to Philip the Bold, duke of Burgundy, who promised to respect its privileges. Anxious to recover the city for France, Louis XI. placed a garrison therein after the death of Charles the Bold, duke of Burgundy, in 1477. This was driven out by the inhabitants, and Louis then stormed Arras, razed the walls, deported the citizens, whose places were taken by Frenchmen, and changed the name to Franchise. The successor of Louis, Charles VIII., restored the city to its former name and position, and as part of the inheritance of Mary, daughter and heiress of Charles the Bold, it was contended for by the French king, and his rival, the German king, Maximilian I. The peace of Senlis in 1493 gave Arras to Maximilian, and in spite of attacks by the French, it remained under the rule of the Habsburgs until 1640. Taken in this year by the French, this capture was ratified by the peace of the Pyrenees in 1659, and henceforward it remained part of France. It suffered severely during the French Revolution, especially from Joseph Lebon, who, like the brothers Maximilien and Augustin Robespierre, was a native of the town. Owing to its position and importance, Arras has been the scene of various treaties. In 1414 the peace between the Armagnacs and the Burgundians was made here, and in 1435 a congress met here to make peace between the English and their Burgundian allies on the one side, and the French on the other, and after the English representatives had withdrawn, a treaty was signed on the 20th of September between France and Burgundy. In 1482 Louis XI. made a treaty here with the estates and towns of Flanders about the inheritance of Mary of Burgundy, wife of the German king Maximilian I.

See E. Lecesne, Histoire d’Arras jusqu’en 1789 (Arras, 1880); Arras sous la Révolution (Arras, 1882–1883).

ARRAY (from the O. Fr. areyer, Med. Lat. arredare, to get ready), an orderly arrangement, particularly the drawing up of an army in position of battle. From the 13th century onwards in England “Commissions of Array” issued from the king for the levy of military forces (see Militia). In English law the term is used for the setting in order, name by name, of the panel of a jury, which may be challenged as a whole, “to the array,” or individually, “to the polls.”

ARRENOTOKOUS, ARRENOTOKY (from Gr. ἄρρην, male, and τόκος from τίκτειν, to beget), biological terms proposed by Leuckart and Eduard von Siebold to denote those parthenogenetic females which produce male young, while “thelytokous” and “thelytoky” would denote their producing female young.

ARREST (Fr. arrester, arrêter, to stop or stay), the restraint of a man’s person, for the purpose of compelling him to be obedient to the law. It is defined to be the execution of the command of some court of record or officer of justice.

Arrests in England are either in civil or in criminal cases.

I. In Civil Cases.—The arrest must be by virtue of a precept or order out of some court, and must be effected by corporal seizing or touching the defendant’s body, or as directed by the writ, capias et attachias, take and catch hold of. And if the defendant make his escape it is a rescous, or rescue, and attachment may be had against him, and the bailiff may then justify the breaking open of the house in which he is, to carry him away.

Arrests on mesne process (see Process), before judgment obtained, were abolished by the Debtors Act 1869, s. 6; an exception, however, is made in cases in which the plaintiff proves, at any time before final judgment, by evidence on oath to the satisfaction of a judge of one of the superior courts, that he has a good cause of action to the amount of £50, that the defendant is about to quit the country, and that his absence will materially prejudice the plaintiff in prosecuting his action. In such cases an order for arrest may be obtained till security to the amount of the claim be found.

Formerly a judgment creditor might arrest his debtor under a writ of capias ad satisfaciendum, but since 1869 imprisonment for debt has been abolished in England, except in certain cases, and in these the period of detention must not exceed one year.

The following persons are privileged from arrest, viz., 1st, members of the royal family and the ordinary servants of the king or queen regnant, chaplains, lords of the bedchamber, &c. This privilege does not extend to servants of a consort queen or dowager. 2nd, peers of the realm, peeresses by birth, creation or marriage, Scottish and Irish peers and peeresses. 3rd, members of the House of Commons during the session of parliament, and for a convenient time (forty days) before and after it. Members of Convocation appear to have the same privilege. 4th, foreign ambassadors and their “domestics and domestic servants.” Temporary privilege from arrest in civil process 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.

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 (Sunday Observance Act 1677); 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; 2nd, by an officer without warrant; 3rd, by a private person without warrant; or, 4th, 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 by a magistrate of that county (see Indictable Offences Act 1848). A warrant issued by a metropolitan police magistrate can be executed anywhere by a metropolitan police officer. Warrants are also granted in cases of treason or other offence affecting the government by the privy council, or one of the secretaries of state, and also by the chief or other justice of the court of king’s bench (bench-warrant) in cases of felony,