Page:Cyclopaedia, Chambers - Volume 1.djvu/210

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Diftrefs does not touch the Body, which an Attachment does.— Yet the two are frequently confounded together.

In the moil; common Ufe, an Attachment is an Apprehenlion of a Man by" his Body, to bring him to anfwer the Action of the Plaintiff.— A Diftrefs with a Writ, is the taking of a Man ; a Diftrefs without a Writ, is the taking of a Man's Goods for fome real Caufe, as Rent, Service, &c. See Distress.

Attachment out of the Chancery, is had of courfe, upon an Affidavit made that the Defendant, was ferved w ith a Subpoena, and appears not; or iffueth upon not performing fome Order or Decree. See Chancery.

After the Return of this Attachment by the Sheriff, pod non eft Inventus in Ballivafua; another Attachment-, with Proclama- tion, ifiues ; And if he appear not thereupon; a Writ of Rebel- lion. See Rebellion, &c.

Attachment of the Forefi, is one of the three Courts held in the Foreft. See Forest.

The loweft Court is call'd the Attachment, the mean Swani- mote, the higheft, the jufticc in Eyre's Seat. See Swanimote, and Justice.

The Court of Attachments feems fo call'd, becaufe the Verdc- rors of the Foreft have therein no other Authority, but to receive the Attachments of Offenders againft Vert and Venifon taken by the reft of the Officers, and to inroll them, that they may be presented or puniflied at the next Juftice Scat.— This Attach, went is by three means; by Goods and Chattels; by Body, Pledges, and Mainprise; or by Body only.— This Court is hcid every forty Days throughout the Year.

Attachment of Privilege, is, by Virtue of a Man's Privilege, to call another to rhat Court whereto he hirofelr belongs, and°in refpect whereof he is privileged to anfwer fome Action. See Privilege.

Foreign Attachment, is an Attachment of Goods or Money found within a Liberty or City, to fatisfy fome Creditor within iuch City or Liberty.

By the Cuftom of fome Places, particularly London, a Man may attach Money or Goods in the Hands of a Stranger : As, if A. owes B. 10 / and C. owes A sol. B. nay attach the ioi in the Hands of C. to fatisfy himfelf.

ATTACF1IAMENTA Bonorum, in our antient Law Books, denotes a Diftrefs taken upon the Goods or Chattels of any Per- fon, fried for perfonal Eftate, or Debt, by rhe legal Attachiatms or Bailiffs, as a Security to anfwer the Affion.

Attachiamenta de Spinis 6- Bofo, fignifies an antient Pri- vilege gamed to the Officers of Forcfts, to take to their own ufe, Thorns, Brufh, and Windfalls, within their own Precinds or Liberties. See Forest.

ATTACK, an Attempt upon any Perfon or Thing; or the Ad of beginning a Combat, or Difpute. See Aggres- sor- Attack, in the military Art, is an Attempt or Engagement to force a Poll, a Body of Troops, or the like. See As- sault.

We fay to begin, to make, to fuffain an Attack, &c. Seve- ral Authors have wiote of the Art of attacking and defending. See Defence.

Attack of a Siege, is the Effort made by the Befie»ers with Trenches, Mines, Galleries, &c. to make themfelves Matters of a Fortrefs, in attacking one of its Sides. See Siege, For- tification, Work, &c.

Falfe Attack, is that which' is not vigoroufly profecuted ■ ferving only to make a Diverlion among the belieged, and to oblige them to divide their Forces, that the true Attack may be canied on with greater Succefs. See False.

To Attack m Flank, is to attack both Sides of the Baftion. See Bastion.

ATTAINDER, in Law, is wfien a Man has committed Fe- lony, or Treafon, and Judgment is palled upon him. See Fe- lony and Treason.

The Children of a Perfon attainted of Treafon cannot be Heirs to him, or any other Anceftor; and if he were noble be- fore, bisPofterity are hereby degraded and made bafe: Nor can this Corruption of Blood be falved but by an Ad of Parliament, unlets the Judgment be reverfed by a Writ of Error. See At- tainted.

Our antient Laws makes this Difference between Attainder and ConviBion, that a Man was faid to be convicted prefently upon the Verdict; but not attainted till it appeared he was no Clerk, or being a Clerk, and demanded by his Ordinary, cou'd not purge himielf. See CLERGY.-add, that Attainder is more extenfive than Convidion ; Conviction being only by the Jury, and Attainder not before Judgment. See Conviction.

A Man is attainted two ways; by Appearance, or by Frocefs.

Attainder by Appearance, is either by Confejjim, by Battel, or by VerdiB.—Conftffion, whereof Attaint grows, is twofold ; one at the Bar before the Judges, when the Prifoner, upon his Indict- ment read, owns himfelf guilty, never putting himfelf on his Ju- ry. The other is before the Coroner, in Sanctuary ; where he upon his Confeffion, was in former times conftrain'd to abjure the Realm, which is alfo call'd Attainder by Abjuntioa, See Sanctuary and Abjuration.

Attainder by Battel, is when the Party appeal'd by another, chufing rather to try the Truth by Combat than by Jury, is vanquifhed. See Battel, Combat, Duel, &c.

Attainder by Verdicl, is when the Prifoner at the Bar anfwer- ing Not guilty to the Indidment, hath an Inqueft of Life and Death palled on him, and is by the Verdict: of the Jury pro- nounced, Guilty. See Inquest.

Attainder by Frocefs, otherwife call'd Attainder by Default, or Attainder by Outlawry, is where a Party flies, or does not appear after being five times publickly call'd in the County-Court, and at laft, upon his Default, pronounced, or returned outlawed. See Outlawry.

Bill of Attainder, is a Bill brought into Parliament, for at- tainting, condemning, and executing a Perfon for High-Treafon. See Bill, Parliament, Treason, &c. ■ ■

ATTAINT, Attimcta, in Law, a Writ which lies after Judg- ment, againft a Jury that hath given a falfe Verdia in any Court of Record; be the Adion raal or perfonal, if the Debt or Da- mages exceed 40; See Jury and Verdict.

If the Verdia be found falfe, the Judgment antiently was, that the jurors Meadows fhould be ploughed up, their Houfes broken down, their Woods grubbed up, and their Lands and Tenements forfeited to the King.

It it pals againft him that broughi.that Attaint, he fhall be im- prifoned, and giievouliy ranfbmed'at the King's Will.

ATTAIN J ED, in Law, is ufed for a Perfon found guilty of fome Crime or Offence, particularly of Felony or Treafon. See Attainder.

Yet a Man is faid to be attainted of Diffeifm ; and fo it is ufed in French : as, ejlre attaint, £>• vaincic en aucun cas, is to be caft in any Caufe.

Attaint, among Farriers, fignifies a knock, or hurt in a tlorfe's Leg ; proceeding either from a Blow with another Horfe's Foot, or from an over-reach in frofty Weather, when a Horfe being rough-fhod, or having Shoes with long Calks, ftrikes his hinuer Feet againft his Fore-leg.

The Farriers difhnguifh upper Attaints, given by the Toe of the Hind-foor upon the Sinew of the Fore-leg. — And nether At- taints, or Over- reaches on the Pattern-Joint, which are little Blad- ders hke Wind-Galls, comiug either by a Wrench, a Strain, an Over-reach, or the like. The ulual Place is in the Heel or Trulh.

ATTENDANT, or Attendent. See Assistant. See alfo Retinue, Satellit, &c.

Attendant, Attendens, in Law, fignifies one that owes Duty or Service to another, or depends upon him • Thus if there be Lord, Mefne, and Tenant ; and the Tenant hold of the Mefne by a Penny ; and the Mefne hold over by two Pence .- If the Mefne releafes to the Tenant all his Right in the Land,' and the Tenant die, his Wife fhall be endowed of the Land, and fhall be Attendant to the Heir, of the third Part of the Penny, not of the third Part of the two Pence; (he being to be endowed at the bell Poffeffion of her Husband Where the Wife is en- dowed by the Guardian, lire (hall be Attendant to the Guardian, and to the Heir at his full Age. See Wife and Woman

ATTENTION, Attentio, a due Application of tlie Ear, or the Mind, to any thing faid, or done.

Attention of Mind is not properly an Ad of Underftandinc but rather of the Will, by which it calls the Understanding from' the Coiifideranou of other Objcds, and directs it to the thing in hand. See Understanding and Will. "

Attention, jn refped of Hearing, is the fetching or ftrainino- the Membrana Tympani, fo as to make it more (ufceptible of Sounds, and better prepared to catch even a feeble Agitation of the Air. Or it is the adjufiing the Teniion of that Membrane to the Degree of loudnefs or lownefs of the Sound we are attentive to See Tympanum See alfo Hearing, tire.

The Word is compounded of ad, to ; and tenfo, of fndo I fetch.

ATTENDANTS, Attenuatives, or Attenuating Me- dicines, fuch as fubtilize or break the Humours into finer IVts • and thus difpofe them for Motion, Circulation, Excretion, A-'c See Attenuation and Humor.

Attetiuants ftand oppofed to Thickners, or Medicines which condenfe, infpilFate, &c. See Detergent

ATTENUATION, Attenuatio, the Aa of attenuating- that is, of making any Fluid thinner, and lets confident than it was before. See Flu id.

The Word is compounded of the Latin ad; and tenuis, thin {lender, weak.

Attenuation is defined more generally by Chauvin, the dividins or feparaung of the minute Parts of any Body, which before b? their mutual Nexus or Implication, form'd a more continuous Mats— Accordingly, among the Alchymifts, we fometimes find the Word ufed for Pulverization, or the aa of reducing a 'Body into an impalpable Powder. See Powder and Pulveriza- tion.

ATTESTATION, the giving Teffimony, or Evidence of the Truth of any thing ; efpecially in Writing. See Testimo- ny, Evidence, &c.

Thus