ARRAIGN, or Arrain, in law, signifies to set a thing in order, or in its place. See ARRANGEMENT.
Thus, he is said to arraign a writ of novel disseisin, who prepares and fits it for trial before the justices of the circuit. In this sense Littleton says, the lessee arraigns an assize of novel disseisin—To arraign the assize, is to cause the tenant to be called to make the plaint, and to set the cause in such order, as the tenant may be forced to answer thereto.
A prisoner is also said to be arraigned, when he is indicted and brought forth to his trial. See INDICTMENT.
Spelman is of opinion the word should be written arrane, from arramare, and that from the old French arramir, i.e., jurare, promittere, solemniter profiteri. Yet in the register we find no such word as arramare; but in all the writs of assize, the year-books, etc., it is arrainavit:The more natural derivation is from the French arraisonner, i.e., ad rationem ponere, to call a man to answer in form of law; which comes from the barbarous Latin adrationare, i.e., placitare—In which sense, to arraign a criminal, is fovere eum ad rationem.
