Chapter the twenty fifth.
Of PROCEEDINGS, in the nature of APPEALS.
PROCEEDINGS, in the nature of appeals from the proceedings of the king's courts of law, are of various kinds; according to the ſubject matter in which they are concerned. They are principally three.
I. A writ of attaint: which lieth to enquire whether a jury of twelve men gave a falſe verdict[1]; that ſo the judgment following thereupon may be reverſed: and this muſt be brought in the life-time of him for whom the verdict was given, and of two at leaſt of the jurors who gave it. This lay, at the common law, only upon verdicts in actions for ſuch perſonal injuries as did not amount to treſpaſs. For in real wrongs the party injured had redreſs by writ of right; but, after verdict againſt him in perſonal ſuits, he had no other remedy: and it did not lie in actions of treſpaſs, for a very extraordinary reaſon; becauſe, if the verdict was ſet aſide, the king would loſe his fine[2]. But by ſtatute Weſtm. 1. 3 Edw. I. c. 38. it was given in all pleas of land, franchiſe, or freehold: and, by ſeveral ſubſequent ſtatutes,
