ATT 



A T T 



qaeftion. For though the attaint feems to have been gene- 

 Tally allowed in the rclo;ii of Henry II. » at the lirll iritro- 

 •dudion of the grand afhle (wliich nt that time might confill 

 of only twelve recognitors, in cal'c tliey v.'erc all unanimous), 

 yet fubfeqnent authorities have holden, that no attaint lies on 

 a falie verdift given upon the mere right, either at common 

 law or by flatutc; bccaufe that is determined by the grand 

 aflife, appealed to by the party hlmfclf, and now conlilling of 

 fixtecn jurors. Brail. 290. Flet. 5. 22. 7. Britt. 243. i. 

 12 Hen". VI. 6. Bro. Abr. y///«'«/, 42, I Roll. Abr. 280. 



The jury who are to try this falfe verdltt mull be twenty- 

 four, and are called the grand jury; for the law wills not 

 that the oath of the jury of twelve men fhould be attainted 

 or fet alidc by an equal number, nor by Icfs indeed than 

 double the former. Bract. 1. 4. tr. J. c. 4. ^ l^ Flet.l.5. 

 c. 22. ^7. If tlie matter in dilpute be of forty pounds value 

 in perfonals, or of forty fliillings a year in lands and tene- 

 ments, then by flat 13 Hen. VI. c. 5. each grand juror mull 

 have freehold to the annual value of twenty pounds. And 

 he that brings the attaint can gi\e no other evidence to the 

 grand jury than what was originally given to the petit. 

 Butthofe againll whom it is bronghtnreallowed, in aflirmance 

 of the firft verdiiil, to produce new matter ; becaufe the 

 petit jury may have formed their verdict upon evidence of 

 their own knowledge, which never appeared in court. If 

 the grand jury found the verdidl a falfe one, the j\idgment 

 by the common law was, that the jurors fhould loie their 

 *' libcram legem," and become for ever infamous ; lliould 

 forfeit their goods and the profits of their lands ; fhould 

 themfelves be imprifoned, and their wives and children 

 thrown out of doors ; fliould have their honfes rafed, their 

 trees extirpated, and their meadows ploughed ; and that 

 the plaintiff fhould be reftored to all that he loll by reafon 

 of the uiijuft verdict. But as the fevtrity of the punilh- 

 inent had its ufual elFefl in preventing the law from being 

 executed, therefore by the ftatute 11 Hen. VII. c. 24. re- 

 vived by 23 Hen. VIII. c. 3. and made perpetual by 13 

 Ehz. c. 25. an attaint is allowed to be brought after the 

 death of the party, and a more moderate punifliment was in- 

 fliCled upon attainted jurors ; viz. perpetual infamy; and if 

 the eaufe of aftion were above forty pounds value, a for- 

 feiture of twenty pounds a-piece by the jurors ; or if under 

 40 1. then five pounds a-piece ; to be divided between the 

 king and the party injured. So that a man may now bring an 

 attaint either upon the ftatute or at common law, at his 

 cleflion (3 Inlt. 164); and in both of them may reverfe 

 the former judgment. But the pradtice of fctting afide ver. 

 diets upon motion, and granting new trials, has fo fuper- 

 feded the ufe of both forts of attaints, that few inftances of 

 attaints occur in our books later than the fixteenth century. 

 Cro. Eliz. 309. Cro. Jac. 90. By the old Gothic conlti- 

 tution, indeed, no certificate of a judge was allowed, in 

 matters oS. evidence, to counter%-ail the oath of the jury; 

 but their vei-dift, however erroneous, was abfolutely final 

 and conclufive. Yet there was a proceeding, from whence 

 otn- attaint may be derived. If upon a lawful trial before 

 a fuperior tribunal, the jury were found to have given a falfe 

 .verdidt, they were fined, and rendered infamous for the 

 future. Stlernhook de )ure Goth. 1. i. c. 4. Blackllone's 

 Comm. vol.iii. p. 402, &c. 



ATTAINTED, Attaint us, or Attinctus, in La'vj. 

 See Attainder. 



ATTAK, in Geography, the Largell of the iOands com- 

 monly denominated the Aleutfky or Al. utian illands. It 

 feems to have a larger extent of furface than Bchring's 

 ifland, and. has an oblong form, lying more weft and taft. 

 In thefe iflands no volcanic traces have been difcovered, and 



here are nolandanimalsbut ice-foxes and rock-foxes, more fre- 

 quently blue than white. The fea-otters come hither but 

 lingly ; whereas fea-lions, fca-bears, manatis, and fomc 

 other fca-animals frequent thefe Ihores in herds. See Aleu- 

 tian IJlamls. 



AT TALI A, \n jinrlenf Geo^^raphy, a town of Afia, in 

 Pamphylia, on the coaft of tlie fea, which there formed a 

 gulf of the fame name, now called the gulf of Satalia. 

 Strabo (1. xiv. p. 459.) fays, that it was built by Attains 

 Philadelphus, king of Pergamus, who founded a colony 

 tliere, and that it was the chief refidence of the.prefctt. 

 St. Paul proceeded from Perga to this town. A£ts xiv. 25. 

 — Alfo, a town of Afia, in Lydia. 



ATTALIC-/E Vestes, in jinllquily, garments made 

 of a kind of cloth of gold. 



They took the denomination from Attains, furnamed Phi- 

 lometer, a wealthy king of Pergamus, who was the firft, 

 according to Pliny, who procured gold to be woven into- 

 cloth. Hift. Nat. hb. iii. cap. 48. 



ATTALIS, in Ancient Geography, the name of a tribe 

 of Attica. 



ATTALUS, in Biography, the name of feveral kings 

 of Pergamus. — Attalus I. fuceceded Ins coufin Eumenes I. 

 in the year 241 B.C. Having expelled the Gauls who 

 had fettled in his country, he afTumed the title of king, 

 and extended his conquclts of the Atiatic provinces as far 

 as mount Taurus. But in the diftrcis to which he was 

 afterwards reduced by the united forces of his grandfather 

 Achxus and Seleucus, he availed himfelf of the fuccour 

 afforded him by the Gauls fettled in Thrace, and recovered 

 his dominions of which he had been difpolleffcd. He then 

 purfued hisconqueftsinlonia,tillhi« career was flopped by the 

 refufal of the Gauls to advance any farther. Upon this he 

 returned to the Hellefpont, and allowed his allies to fettle 

 there in a very fertile and extenfive region. For the fecn- 

 rity of the territories he had acquired, he formed an al- 

 liance with the Romans, whom he vigoroudy afhfted in 

 their two wars againft Philip of Macedon. In conjunction 

 with the Athenians he invaded Macedonia, and recalled 

 Philip from his enterprife againft Athens ; and on this 

 account the Athenians gave h.is name to one of their tribes. 

 At Thebes in Bocotia, whilft he was haranguing the peo- 

 ple, and urging them to take arms againll Philip, he was 

 feized with an apoplexy ; and being conveyed to Pergamus, 

 he foon after died, in the 72d year of his age, and 43d 

 of his reign. He is reprefented as a generous and amiable 

 prince, a liberal encourager of literature, and alfo a writer. 

 Of his veneration for Homer the following fiiigular inftance 

 is mentioned by Suidas and Valerius Maximus ; viz. his 

 canfing the grammarian Daphnidas to be thrown from a 

 rock, for fpeaking difrefpeftfuUy of this celebrated bard. — 

 Attalus II. was the fecond fon of Attalus I. and called 

 Philadelphus, from his fidelity and affeiStion to his brother 

 Eumenes, who was king of Pergamus before him. Upon 

 a falfe rumour of the death of Eumenes, he hallily affumcd 

 the regal enfigns, and married his brother's wife ; but on 

 his brother's fafe return, he manifefted every token of 

 fatisfaftion and allegiance, and bore an halbert as one of 

 his guards. Eumenes kindly embraced him, and in a whil- 

 pcr cautioned him " not again to be in fuch haite to marry 

 his wife, till he was fure of his death." Attalus was ac- 

 tively attached to the Romans in their war againft Perfcs ; 

 and made fueceffive vifits to Rome for the purpofe of excul- 

 pating his brother from the charge of indifference to their 

 intcreit. At his death, Eumenes bequeathed both his king- 

 dom and his wife to Attalus ; and appointed hi.Ti guardian 

 of his infiint fon^ which truft he faithfully executed. At- 

 talus 



