ATTAINDER, in law, is when a man has committed felony, or treason, and judgment is passed upon him. See FELONY and TREASON. The children of a person attainted of treason cannot be heirs to him, or any other ancestor; and if he were noble before, his posterity are hereby degraded and made base: Nor can this corruption of blood be saved but by an act of parliament, unless the judgment be reversed by a writ of error. See ATTAINTED. Our ancient laws make this difference between attainder and conviction, that a man was said to be convicted presently upon the verdict; but not attainted till it appeared he was no clerk, or being a clerk, and demanded by his ordinary, could not purge himself. See CLERGY.—add, that attainder is more extensive than conviction; conviction being only by the jury, and attainder not before judgment. See CONVICTION. A man is attainted two ways, by appearance, or by process. Attainder by appearance, is either by confession, by battle, or by verdict.—Confession, whereof attaint grows, is twofold; one at the bar before the judges, when the prisoner, upon his indictment read, owns himself guilty, never putting himself on his jury. The other is before the coroner, in sanctuary; where he, upon his confession, was in former times constrained to abjure the realm, which is also called attainder by abjuration. See SANCTUARY and ABJURATION.
Attainder by Battel, is when the party appealed by another, choosing rather to try the truth by combat than by jury, is vanquished. See BATTEL, COMBAT, DUEL, etc.
Attainder by Verdict, is when the prisoner at the bar answering not guilty to the indictment, hath an inquest of life and death passed on him, and is by the verdict of the jury pronounced, guilty. See INQUEST.
Attainder by Process, otherwise called Attainder by Default, or Attainder by Outlawry, is where a party flies, or does not appear after being five times publicly called in the county-court, and at last, upon his default, pronounced, or returned outlawed. See OUTLAWRY.
Bill of Attainder, is a bill brought into Parliament, for attainting, condemning, and executing a person for high-treason. See BILL, PARLIAMENT, TREASON, etc.
ATTAINT, in law, a writ which lies after judgment, against a jury that hath given a false verdict in any court of record; be the action real or personal, if the debt or damages exceed 40s. See JURY and VERDICT.
If the verdict be found false, the judgment anciently was, that the jurors' meadows should be ploughed up, their houses broken down, their woods grubbed up, and their lands and tenements forfeited to the king. If it pass against him that brought the attaint, he shall be imprisoned, and grievously ransomed at the king’s will.
