ATTAINDER, in law, is the immediate and in separable consequence of a sentence of death. When this highdst judgment known in the laws of England is pronounced, a mark of infamy is thereby set upon the criminal; lie is thenceforth put out of the pro tection of the law, which now takes no farther no tice of him, than merely to sec him executed. He is then said.to be attaint, (attinctus, stained or black ened). • There is a wide difference between conviction and attainder. A man is convicted, when he is found guilty by verdict, or confession, before judgment had : but there is still, in the contemplation of the law, a possibility of his innocence. Something may be of fered in arrest of judgment ; the indictment may be erroneous ; lie may obtain a pardon, or be allowed the benefit of clergy; both of which plead in exte nuation of his offence. But upon judgment given, both law and fact conspire to prove him completely guilty ; and there is uo longer a possibility of any thing being said in his favour.
A person may be attainted on appearance, or by process. Attainder on appearance is by confession, or verdict, &c. Attainder by process is when a criminal flies, and cannot be found; when after be ing five times proclaimed in the county, he is at length outlawed upon this default.
A person may likewise be attainted by act of par liament. Acts of attainder have been passed in seve ral reigns, since the attainder of persons guilty of the murder of Charles I. in the reign of Charles II., down to the present times. In passing bills of at tainder no evidence is required.
Attainders may be reversed or falsified by writ of error,- or by plea. In the former case, it must be by the king's leave : in the latter, by denying the trea son, pleading a pardon by act of parliament, &c.
The consequences of attainder are FORFEITURE, and CORRUPTION of Blood. See Blackst. Comment. b. iv. ch. 29. Jacob's Law Diet. (z)