r ATTAINT. 



the ordinary process of law. The excuse urged for retorting to bin 

 of attainder was, that there wu no Mara/ doubt of Penwick's guilt ; 

 but th*t as two witaeB were required by the statute of 7 Will. Ill . 

 3. in order to coavict him; ami as one of them had brn tampered with, 

 ad removed out of tie kingdom, ttyai proof of an overt act of 

 trasaoa became impossible. 



The eaVct of this bill of attainder ww therefore to suspend the 

 statute of 7 Will III. e. 3, before it had beeo two yeam in operation, 

 in order to destroy an individual. Thw questionable exertion of 

 Isgislsthri power did not take place without a strong opposition, and 

 ha* been frequently reprobated in aubeequent times. Buhop Bumct, 

 MM of Hi moat (trrnuous supporters, allowed that" thin extreme way 

 of proceeding' wai to be pot in practice but seldom, and upon great 

 oeeaskma." (Howell's ' Stnt* Trials,' vol xii.) 



The legulature, acting in conformity with this sentiment, have 

 seldom, mine* the accession of the House of Hanover, had recourse 

 either to Bilk of Attainder, or Bills of Pains and Penalties. One 

 jnatanne of a departure from this principle occurred during the Irish 

 Rebellion, in 1798, in the case of Lord Edward Fitzgerald, who being 

 arrested on a charge of high treason, and dying in prison before ho could 

 be brought to trial, of the wounds which he had received in resisting 

 his apprehension, was attainted by Act of Parliament. But when the 

 violence of party spirit had subsided, the old principle of the con- 

 stitution, that every man shall be considered innocent of a crime until 

 his guilt has been legally proved, prevailed, and a few yean ago the 

 attainder was reversed. There is little reason to apprehend that a 

 practice so obviously unjust, and so dangerous to the fundamental 

 principles of good government, will be adopted in future. 



Of late years, the forfeitures resulting from the numerous attainders 

 consequent on the rebellions in 1715 and 1745, have been relieved 

 by acts of grace, and many persons thus enabled to claim and obtain 

 a restitution of their hereditary honours. (M'Queen's ' Reports,' vol. L 

 P :' 



ATTAINT (aUimeta), an old writ, which formerly lay to inquire 

 whether a jury had, or had not, given a false verdict. It at first lay 

 only on the trial of writs of assize, and is said to have been introduced 

 by Henry II., at the instance of Chief Justice Glanville, as a check on 

 the vast power then rested in the recognitors of assize of finding a 

 verdict according to their own personal knowledge, without an exami- 

 nation of witnesses. It was afterwards extended by Edward I. to all 

 pleas of land or freehold, and by statutes in the reigns of Edward I. 

 and Edward III., to all pleas whaUoever, whether real or personal, 

 except writs of right, where the issue was joined on the mere riyht. 



The grand jury on the attaint were twenty-four in number, and if 

 they found that the verdict was false, the judgment against the petit 

 jury that had found it was one of extreme severity : namely, t<> !".< 

 their librram tegem and be infamous, to forfeit their goods and prpfits 

 of their lands, to be imprisoned, and their wives and children to be 

 thrown out of doors ; their houses to be rased, their trees extirpated, 

 and their meadows ploughed, and the plaintiff to be restored to all he 

 had lost by reason of the unjust verdict. But as this severity had the 

 actual effect of preventing the law from being executed, a much more 

 moderate judgment was afterwards introduced by 11 Henry VII. c. 24, 

 made perpetual by 13 Eliz. c. 25. 



This clumsy expedient for controlling the extensive power of a jury 

 was one, however, which could only with great difficulty, and in rare 

 cases, be carried into operation. The jury could only be attainted on 

 the same evidence as that given before them ; and cither for finding a 

 verdict contrary to that evidence, or for finding one on evidence not 

 sustaining the issue. It was almost impossible to attaint them on the 

 former ground, since they were at liberty to take their own ] 

 knowledge for evidence ; as to the latter, the judge had some control 

 over the jury, by giving them directions as to the precise point of the 

 issue to which the evidence was to be applied ; and if they found a 

 verdict contrary to the express direction of the judge, they certainly 

 ran great risk of an attaint. So inconvenient and ineffectual, h< 

 was the proceeding, that it gave place, in the time of Elizabeth and 

 James I., to the now existing practice of setting aside verdicts on 

 motion and granting new trials ; and very few instances of an attaint 

 appear in the books later than the sixteenth century. By the 6 Geo. IV. 

 c. 50 (consolidating the laws relating to juries) the writ of attaint was 

 abolished ; but corrupt jurors may be proceeded against by indictment 

 or information, and punished accordingly. [EUHHAO:KY.] 



(BtaelH. Cornm.' Mr KBIT'S ed. vol. iii. j.|.. :!77. 418, 438.) 



ATTAR, or OTTO OF ROSES, an essential oil obtained in India 

 from the petals of the Koto, eaitifolia and temperrlmu ; for this purpose 

 f_f*f* or gUxed earthen jar is filled with the rose leaves carefully 

 eparated from the calyxes, and spring water poured in just su 

 to cover them : the vussel with its contents is then set in tho sun for 

 two or three days, and taken under cover during the night. At the 

 end of the third or fourth day, small particles of yellow oil' will be seen 

 floating on the surface of the water, which in the course of a we. k will 

 hare increased to a thin scum ; this is taken up by a little cott- 

 to the end of a stick, and squeeted into a small vial. (Aitti* 

 ttonary of Chemistry.') 



The attar is now more frequently made by distilling rose leaves with 

 water. At first the attar dissolves in the distillate, but by returning 

 the latter upon fresh quantities of leaves, thu attar distil* in larger 



ATTIC. :: 



quantity than can be dissolved by the water which comes over with it, 

 and it then forms an oily layer which is removed; the water being 

 again used for the next distillation. 



This oil is a well-known perfume ; but the odour is agreeable only 

 when diffused, being too powerful when it is concentrated. According 

 to Saussure, the attar is a mixture of two oils, one of which is solid 

 and tho other fluid, at the usual temperature of the air : they may lie 

 separated by washing with alcohol, which does not dissolve the concrete 

 oil at a low temperature ; or by pressure between folds of paper, which 

 absorbs the fluid oil. By the latter process, three parts of the common 

 yielded one part of the concrete oil. 



Attar of roses liquefies at about 85* of Fahrenheit, and the solid oil 

 at about 91* ; the Utter crystallises by cold into brilliant white trans- 

 parent lamina) of the consistence of bees' wax. The density of attar of 

 roses rendered fluid at about 90*, compared with water at 60, is 0-838, 

 which, according to M. Saussure, is less than that of any other essential 

 oil that he examined ; the concrete oil, when fused, is even lighter 

 than this. 



The concrete essence is very slightly soluble in alcohol, 1000 parts 

 of the density of 0'806, taking up only two parts of it at 57' Fahren- 

 heit, while the same quantity of alcohol dissolves seven parts of the 

 attar, and the fluid portion is still more soluble. 



Sauasure observes that the concrete oil burns in oxygen gas with a 

 sort of explosion, which he has never observed to so high a degree 

 in any other oil. By analysis the attar was found to consist of 



Carbon .... 8874S 



Hydrogen . 14-889 



101-632 



Saussure observes that the most remarkable circumstance attendant 

 upon this analysis, is its close resemblance to that of defiant gas, which 

 consists of carbon 8.1-71 ; hydrogen 14-29. 



ATTENDANT TERM. [TERM OP YEARS.] 



ATTIC, a term in architecture, comprehending the whole of a plain 

 or decorated parapet wall, terminating the upper part of the facade of 

 an edifice. The derivation of the word is uncertain. It appears to 

 have been a generally received opinion that the word was derived from 

 the circumstance of edifices in Attica being built after this manner. 

 There is at Athens a monument, that of Thrasyllus, with an attic over 

 the order of pilasters which form the basement. In the centre there 

 was a colossal statue. In a nota to tho second edition of Stuart's 



Upper part of the Facade of tlic Monument of Thruvllus, with the ted 

 figure rettorcd, from the original in tho British MuMura. 



' Athens,' published in 1825, the editor is of opinion that thix ,-.ti 

 iteinplated in the original design, but added at the date 

 two ii]i|K-r iii-cri]>liuiiK when Thrasycles was Agonothetes. (See note, 

 p. 92, vol. ii.. : Stuart, 1- 



niay be taken as the best type of a Greek attie wliic -li 

 known. In tho ' Archaiologia Londineiwis" ' 

 although, as we think, a wrong deriv.ition of tl, 



suppose the won!. it, to have become corrupted. In 



vol. xxiii. pp. 412-14, the word attic is said to 



privative, and nixot, a wall, thus signifying " without a wall, or with- 

 out being in connection with a w.ill." The example of such an attic, it 

 is said, is found in all Hypacthral temples, for as the n 

 space between the inner ranges of tin' I-..IUHMI- . must not be covered, 

 upper ranges of columns, with a wall al'ove them, must lie placed over 

 the lower order of columns to catch the end of the rafter at its highest 

 n : an example of this kind of attic may be found at Pecstum, 

 in Italy. 



Another example, which bears a closer resemblance to the I: 



.i-t.s in the n].]>cr wall of the nave of the Temple of Juptte* 

 Olympius at Agrigentum [ATLASTKs], where there is an entire wall with 



