A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

About this Item

Title
A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...
Author
Leigh, Edward, 1602-1671.
Publication
London :: Printed by A.M. for Charles Adams, and are to be sold at his shop ...,
1658.
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Subject terms
Law -- Terminology.
Link to this Item
http://name.umdl.umich.edu/A50063.0001.001
Cite this Item
"A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A50063.0001.001. University of Michigan Library Digital Collections. Accessed June 8, 2024.

Pages

ATTAINT.

Attaint, is a Writ that lieth where a false verdict is given in Court of Record upon an issue joyned by the parties and of antient Wri∣ters it is called breve de convictione, and is de∣rived of the participle tinctus, or attinctus, be∣cause if the prty Jury be attainted of a false Oath, they are stained with perjury, and become infa∣mous* 1.1 for ever, for the judgment of the Com∣mon Law in the attaint importeh eight great and grievous punishments.

  • 1. Quòd amittat liberam Legem in perpetuum, he shall never be received to be a witness, or of any Jury, nor can he be Champion in a Writ of Right.
  • 2. Quòd fois faciat omnia▪ bona & catalla sua.
  • ...

Page 25

  • 3. Quòd terrae & tenementa in manus Domint Regis capiantur.
  • 4. Quòd u••••res & liberi extra domus suas ejice∣rentur.* 1.2
  • 5. Quòd domus suae prostentur.
  • 6. Quòd arbores suae extirpentur.
  • 7. Quòd pata sua arentur.
  • 8. Quòd o••••••ra sua carceri mancipentur.

It is a Substantive made (say some) of the French verb atteindre, id est, asse qui or attinge∣re, because he is catched and overtaken, rather of the French teindre, in Latin inere to stain, dye, colour, unde Gal. Teint Latin tinctus, as we say, he is attainted, or tainted of Treason, i. e. stain∣ed.

Notes

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