Legal Definitions - clerk of arraigns

A clerk of arraigns was a historical legal official in England, specifically a deputy to the clerk of assize. This role involved two primary responsibilities: formally presenting the charges to defendants at the beginning of their trial (known as arraignment), and then later, during the trial's conclusion, formally questioning the jury as they delivered their verdict. This office was abolished in England in 1946.

Here are some examples illustrating the role of a clerk of arraigns:

• Example 1: The Formal Accusation

  Imagine a courtroom in Victorian England. A man named Thomas is brought before the court, accused of stealing bread. The clerk of arraigns would stand and formally read out the specific charges against Thomas, asking him if he understood them and how he pleaded (guilty or not guilty). This act formally initiated the trial proceedings.

  This illustrates the clerk's duty of "arraigning defendants" by formally presenting the charges to the accused at the outset of the legal proceedings.

• Example 2: Receiving the Jury's Decision

  In a 1930s English assize court, a jury has returned after deliberating on a complex murder case. The clerk of arraigns would be the one to formally address the jury foreman, asking questions like, "Have you agreed upon your verdict?" and "How do you find the defendant, guilty or not guilty, on the count of murder?" before the verdict was officially recorded.

  This demonstrates the clerk's role in "putting the formal questions to the jurors as they deliver their verdict," ensuring the verdict was formally and correctly declared and documented.

• Example 3: Maintaining Procedural Order

  Consider a high-profile fraud trial in early 20th-century England. The clerk of arraigns would not only be present at the initial stage to read the detailed charges to the accused business owner but would also be responsible for ensuring all procedural formalities were observed throughout the trial, culminating in the formal questioning of the jury when they announced their decision. Their presence ensured the legal process adhered strictly to established court protocols.

  This example highlights both key functions – arraignment and verdict questioning – within the broader context of a significant trial, underscoring the clerk's integral role in maintaining procedural correctness in historical English courts.