in the reigns of Edward III[1] and his grandſon[2], it was allowed in almoſt every action, except in a writ of right; for there no attaint lay, either by common law or ſtatute, becauſe it was determined by the grand aſſiſe, confiding of ſixteen jurors[3].
The jury who are to try this falfe verdict mufl be twenty four, and are called the grand jury ; for the law wills not that the oath of one jury of twelve men fhould be attainted or fet afide by an equal number, nor by lefs indeed than double the former. And he that brings the attaint can give no other evi- dence to the grand jury, than what was originally given to the petit. For as their verdict is now trying, and the queflion is whether or no they did right upon the evidence that appeared to them, the law judged it the highefl abfurdity to produce any fubfequent proof upon fuch trial, and to condemn the prior ju- rifdiction for not believing evidence which they never knew. But thofe againft whom it is brought are allowed, in affirmance of the firft verdict, to produce new matter f : becaufe the petit jury may have formed their verdict upon evidence of their own knowlege, which never appeared in court ; and becaufe very terrible was the judgment which the common law inflicted upon them, if the grand jury found their verdict a falfe one. The judgment was, i. That they fhould lofe their liber am legem, and become for ever infamous. 2. That they mould forfeit all their goods and chattels. 3. That their lands and tenements mould be feifed into the king's hands. 4. That their wives and child- ren mould be thrown out of doors. 5. That their houfes mould be rafed and thrown down. 6. That their trees fhould be rooted up. 7. That their meadows fhould be ploughed. 8. That their bodies fhould be caft into gaol. 9. That the party fhould be reftored to all that he loft by reafon of the unjuft verdict. But as the feverity of this punifhment had it's ufual effect, in pre- venting the law from being executed, therefore by the ſtatute c Stat. I Edw. III. c. 6. 5 Edw. III. c. 7. 28 Edw. III. c. 8. 34 Edw. III. c. 7. d Stat. 9 Ric. II. c. 3. e Bro. Abr. t. attaint. 42. f Finch. L. 486.
