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It is an attaint upon character; a sort of privateering on family property.
What simple thief brags of his own attaint?
The correctness of the verdict would be determined by a body known as the grand jury of attaint.
This was achieved either by "packing the jury" or by "writ of attaint".
Never before has this Court held that the Government could for any reason attaint persons for their political beliefs or affiliations.
Hereditaryship is, in this sense, as much an attaint upon principle, as an outrage upon society.
A writ of attaint is an obsolete writ in English law, issued to inquire whether a jury had given a false verdict in a trial.
The Juries Act 1825, in abolishing writs of attaint, made a special exemption as regards jurors guilty of embracery (s.61).
In criminal cases, the writ of attaint was issued at the suit of the Crown, and in civil cases at the suit of either party.
The presiding judge William Dummer Powell threatened the jury with a writ of attaint if they found for Randal, who subsequently lost his appeal.
Edmund, I arrest thee On capital treason; and, in thine attaint, This gilded serpent [points to Goneril].
The party bringing the attaint could introduce only the same evidence that was originally given at trial while the jury whose verdict was questioned was allowed to present new matter.
Both were found guilty but escaped the gallows because of convict attaint: that is, legal concerns as to whether Blackstone's evidence was admissible because of a previous death sentence.
Historically, this has been the punishment of champions overcome, or yielding in the combat; of jurors found guilty in a writ of attaint; and of persons outlawed.
The false verdict of a jury, whether occasioned by embracery or otherwise, was formerly considered criminal, and jurors were severely punished, being proceeded against by writ of attaint.
In addition, the writ of attaint allowed a judge to retry the case in front of a second jury when the judge believed the first jury returned a "false verdict".
Procedure by attaint in civil cases had also been gradually giving place to the practice of granting new trials, and after the decision in Bushell's Case in 1670 it became obsolete.
Bruce Kercher notes that this decision goes against the then English principles of law relating to "convict attaint" which provides that a prisoner under sentence of death was unable to sue or hold property.
You must he purged too, your sins are rack'd; You are attaint with faults and perjury; Therefore, if you my favour mean to get, A twelvemonth shall you spend, and never rest, But seek the weary beds of people sick.
Such a mode of reasoning on such a subject is inadmissible, because it finally amounts to an accusation upon Providence, as if she had left to man no other choice with respect to government than between two evils, the best of which he admits to be "an attaint upon principle, and an outrage upon society."