Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/416

404 11 Hen. VII. c. 24. revived by 23 Hen. VIII. c. 3. a more moderate punihment was inflicted upon attainted jurors; viz. perpetual infamy, and, if the caue of action were above 40 l. value, a forfeiture of 20 l. apiece by the jurors; or, if under 40 l, then 5 l. apiece; to be divided between the king and the party injured. So that a man may now bring an attaint either upon the tatute or at common law, at his election ; and in both of them may reverfe the former judgment. But the practice of etting aide verdicts upon motion, and granting new trials, has o upereded the ue of both orts of attaints, that I have not oberved any intance of an attaint in our books, later than the ixteenth century. By the old Gothic contitution indeed no certificate of a judge was allowed, in matters of evidence, to countervail the oath of the jury: but their verdict, however erroneous, was abolutely final and concluive. Tetes unt de judice et de actis ejus; judex vero de ipis viciim t etari non potet, vere an falo jurent: qualicunque enim eorum aertioni tandum et et judicandum." Yet they had a proceeding from whence our attaint may be derived. If, upon a lawful trial before a uperior tribunal, they were found to have given a fale verdict, they were fined, and rendered infamous for the future. "Si tamen evidenti argumento falum jurae convincantur (id quod uperius judicium cognocere debet) mulctantur in bonis, de caetero perjuri et intetabiles."

audita quereta is where a defendant, againl whom judgment is recovered, and who is therefore in danger of execution, or perhaps actually in execution, may be relieved upon good matter of discharge, which has happened ince the judgment: as if the plaintiff hath given him a general releae; or if the defendant hath paid the debt to the plaintiff, without entring atisfaction on the record. In thee and the like cafes, wherein the defendant hath good matter to plead, but hath had no opportunity of pleading it, (either at the beginning of the g 3 Int. 164. h 1593. M. 35 & 36 Eliz. Cro Eliz. 309. i Stiernhook de jure Goth. l. 1. c. 4. Rh