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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 correctness of the verdict would be determined by a body known as the grand jury of attaint. This panel, consisting of twenty-four members, was twice the size of a normal
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In criminal cases, it appears to have become obsolete by the end of the 15th century. Procedure by attaint in civil cases had also been gradually giving place to the practice of granting new trials, and after the decision in
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If it were found that an erroneous verdict had been given, the wrong was redressed, and the original jury was punished. The punishment inflicted was quite severe; at the common law, the judgment was:
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trial jury. 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.
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That their lands and tenements should be seized into the king's hands.
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in 1670 it became obsolete. The writ was finally abolished by the
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That their wives and children should be thrown out of doors.
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That they should forfeit all their goods and chattels.
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