650 MARYLAND COURT OF APPEALS

M^r Goldesboroughs Opinion about Attaints etc^a

1: In Obedience to your Ex^ncles Commands, I have considered That
an Attaint is a Writ that lyeth where a false Verdict in a Court of Record
vpon an issue joyned by the parties is given.

2: That there is not any need of Knights to be in the Pannell of the
Grand Jury, for that if they be Gentlemen of vnquestionable integrity hon-
our and fidelity, the Law is satisfyed with them, and the Law Requires that
they should be persons of such Repute that there may not be the least ground
of fear that they will be corrupted, and therefore it may be brought in this
province.

3: It must be brought in th^l Court where the Record of the first Ver-
dict remaineth and not else where. Brook Lit Attaint 21. E. 3. 10. 16 Ass.
pi. 4.

4: It may be brought in this Province supposing it to be but as one
County and the severall Counties as so many hundreds, out of which the
Grand Jury must come.

The words of the Writ of Attaint directed to the Sheriff are etc^a Et
diligent inquirer as qui f uerunt Jurator primas inquisitionis and by this Writ
he must destrain them if they be living, by their Lands to appear etc^a if they
have not any thing whereby they may be destrained, or if they be dead the
Sheriff must Return this vpon his Writ, 34 Ass: p 6. And this Writ of At-
taint may be maintain'd as long as any two of the petty Jury are living, 2H:
4.18: i2H: 4.10. Br Attaint folio 70: Vide Bro Lit Attaint folio 73.

4 Mi nota dicitur que sur inform fait par le Roy que passer sur issue
try, le Roy ne le informer Navera Attaint quar le informor nest pleynem*
partye et quant le def^t ad respond, le Attorney le Roy reply le Roy et Nul
puis mention est puis del informor et ideo lune ne lauter Navera Attaint.

I am of the same Opinion with this Reporter

Will^m Dent.

i: When a Man sues a Writ of Error vpon an Erronious Judgm^t if he
sues out a Scire facias ad Audiendum Errores, he cannot after that Assign
any Error which is matter of Fact, Rolls Tit Error Fol 762.

2: If he Assign Matter of Fact for Error a sci: fa: shall be Granted,
i8H: 6: 19.

And it seemeth to me that vpon the Return of the Sci: Fac: and the
Appearance of the Def^t therevpon in that Court where the Writ of Error is
Returnable, and where the Error is Assigned the Plaintiffe and Def^t shall
join issue, which issue must be sent to that Court where the first Cause was
Tryed, and shall be there tryed by Twelve Men, and then it shall be sent
to that Court where the Writ of Error is depending, and then they must
proceed accordingly. This I humbly submit to your Ex^ncy as the Opinion of

Yo^r Excell⁸ most humble Serv^t

R: Gouldesborough