is a writ that lies after judgment against a jury of twelve men that have given false verdict in any court of record, in an action real or personal, where the debt or damages amount to above 40l. Stat. 5 and 34 Ed. III. c. 7. It is called attaint, because the party that obtains it endeavours thereby to stain or taint the credit of the jury with perjury, by whose verdict he is grieved.

The jury who are to try this false verdict must be twenty-four, and are called the grand jury; for the law wills not that the oath of one jury of twelve men should be attainted or set aside by an equal number, nor by less indeed than double the former. And he that brings the attaint can give no other evidence to the grand jury, than what was originally given to the petit. For as their verdict is now trying, and the question is whether or no they did right upon the evidence that appeared to them, the law adjudged it the highest absurdity to produce any subsequent proof upon such trial, and to condemn the prior jurisdiction for not believing evidence which they never knew. But those against whom it is brought are allowed, in the affirmance of the first verdict, to produce new matter: because the petit jury may have formed their verdict upon evidence of their own knowledge, which never appeared in court; and because very terrible was the judgment which the common law inflicted upon them, if the grand jury found their verdict a false one. The judgment was,

1. That they should lose their liberam legem, and become for ever infamous. 2. That they should forfeit all their goods and chattels. 3. That their lands and ten- tenements should be seised into the kings hands.

4. That their wives and children should be thrown out of doors.

5. That their houses should be rased and thrown down.

6. That their trees should be rooted up.

7. That their meadows should be ploughed.

8. That their bodies should be cast into jail.

9. That the party should be restored to all that he lost by reason of the unjust verdict. But as the severity of this punishment had its usual effect, in preventing the law from being executed, therefore by the statute 11 Hen. VII. c. 24, revised by 23 Hen. VIII. c. 3, and made perpetual by 13 Eliz. c. 25, it is allowed to be brought after the death of the party, and a more moderate punishment was inflicted upon attainted jurors; viz. perpetual infamy, and if the cause of action were above 40l. value, a forfeiture of 20l. apiece by the jurors; or, if under 40l. then 5l. apiece; to be divided between the king and the party injured. So that a man may now bring an attainder either upon the statute or at common law, at his election; and in both of them may reverse the former judgment. But the practice of setting aside verdicts upon motion, and granting new trials, has so interfered the use of both sorts of attainders, that there is hardly any instance of an attainder later than the 16th century.

Attain, among farriers, a knock or hurt in a horse's leg, proceeding either from a blow with another horse's foot, or from an over-reach in frosty weather, when a horse, being rough-shod, or having shoes with long caulkers, strikes his hinder feet against his fore-leg.

Attainted, in law, is applied to a person's being under attainder. See Attainder.