See also:

• ATTAINDER (from the O. Fr. ataindre, ateindre, to attain, i.e. to strike, accuse, condemn; Lat. attingere, tangere, to touch; the meaning has been greatly affected by the confusion with Fr. taindre, teindre, to taint, stain, Lat. tingere, to dye)

ATTAINDER (from the O. Fr. ataindre, ateindre, to attain, i.e. to strike, accuse, condemn; See also:

• LAT

Lat. attingere, tangere, to See also:

• TOUCH (derived through Fr. toucher from a common Teutonic and Indo-Germanic root, cf. " tug," " tuck," O. H. Ger. zucchen, to twitch or draw)

touch; the meaning has been greatly affected by the confusion with Fr. taindre, teindre, to taint, stain, Lat. tingere, to dye)  , in See also:

• ENGLISH

English See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, was the immediate and inseparable consequence from the See also:

• COMMON

common law upon the See also:

• SENTENCE (Lat. sententia, a way of thinking, opinion, judgment; vote, sentire, to feel, think)

sentence of See also:

• DEATH

death . When it was clear beyond all dispute that the criminal was no longer See also:

• FIT

fit to live he was called See also:

• ATTAINT, WRIT OF

attaint, and could not, before the See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

Evidence See also:

• ACT (Lat. actus, actum)

Act 1843, be a See also:

• WITNESS
• WITNESS (from O. Eng. witan, to know)

witness in any See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court . This See also:

• ATTAINDER (from the O. Fr. ataindre, ateindre, to attain, i.e. to strike, accuse, condemn; Lat. attingere, tangere, to touch; the meaning has been greatly affected by the confusion with Fr. taindre, teindre, to taint, stain, Lat. tingere, to dye)

attainder took See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place after See also:

• JUDGMENT

judgment of death, or upon such circumstances as were See also:

• EQUIVALENT

equivalent to judgment of death, such as judgment of See also:

• OUTLAWRY

outlawry on a See also:

• CAPITAL (i.e. capital stock or fund)
• CAPITAL (Lat. caput, head)

capital See also:

• CRIME (Lat. crimen, accusation)

crime, pronounced for absconding from See also:

• JUSTICE (Lat. justitia)

justice . Conviction without judgment was not followed by attainder . The See also:

• CON

con-sequences of attainder were (I) See also:

• FORFEITURE (from " forfeit," originally an offence, and hence a fine exacted as a penalty for such; derived through the O. Fr. forfeit, from the late Lat. foris factum, a trespass, that which is done foris, outside)

forfeiture, (2) corruption of See also:

• BLOOD

blood . On attainder for See also:

• TREASON (Fr. trahison, Lat. traditio)

treason, the criminal forfeited to the See also:

• CROWN

crown his lands, rights of entry on lands, and any See also:

• INTEREST

interest he might have in lands for his own See also:

• LIFE

life or a See also:

• TERM

term of years . For See also:

• MURDER

murder, the offender forfeited to the crown the profit of his freeholds during life, and in the See also:

• CASE
• CASE, JOHN (d. 1600)

case of lands held in See also:

• FEE

fee-See also:

• SIMPLE

simple, the lands themselves for a See also:

• YEAR

year and a See also:

• DAY (O. Eng. dreg, Ger. Tag; according to the New English Dictionary, " in no way related to the Lat. dies")
• DAY, JOHN (1574-1640?)
• DAY, THOMAS (1748-1789)

day; subject to this, the lands escheated to the See also:

• LORD
• LORD (O. Eng. hldford, i.e. hldfweard, the warder or keeper of bread, hlIf, loaf; the word is not represented in any other Teutonic language)
• LORD, JOHN (1810-1894)

lord of the fee . These forfeitures related back to the See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time of the offence committed . Forfeitures of goods and chattels ensued not only on attainder, but on conviction for a See also:

• FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel

felony of any See also:

• KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind, or on See also:

• FLIGHT

flight from justice, and had no relation backwards to the time of the offence committed . By corruption of blood, " both upwards and downwards," the attainted See also:

• PERSON, OFFENCES AGAINST THE

person could neither inherit nor transmit lands . The lands escheated to the lord of the fee, subject to the crown's right of forfeiture . The See also:

• DOCTRINE

doctrine of attainder has, however, ceased to be of mud importance .

The Forfeiture Act 1870 enacted that henceforth no See also:

• CONFESSION (Lat. confessio, from confiteor, acknowledge, confess)

confession, See also:

• VERDICT (O. Fr. verdit, Lat. vere dictum, truly said, used in Late Latin in one word with its present significance)

verdict, See also:

• INQUEST (O. Fr. enqueste, modern enqueete, from Lat.inquisitum, inquirere, to inquire)

inquest, conviction or judgment of or for any treason or felony, or felo de se, should cause any attainder or corruption of blood, or any forfeiture or See also:

• ESCHEAT (O. Fr. esthete, from escheoir, to fall to one's share; Lat. excidere, to fall out)

escheat . Sentence of death, penal See also:

• SERVITUDE (Lat. servitus, from service, to serve)

servitude or imprisonment with hard labour for more than twelve months, after conviction for treason or felony, disqualifies from holding or retaining a seat in See also:

• PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament, public offices under the crown or otherwise, right to See also:

• VOTE

vote at elections, &c., and such See also:

• DISABILITY

disability is to remain until the See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment has been suffered or a See also:

• PARDON (through the Fr. from Late Lat. perdonare, to remit a debt or other obligation on a penalty)

pardon obtained . See also:

• PROVISION (Lat. provisio)

Provision was made for the due See also:

• ADMINISTRATION (Lat. administrare, to serve)

administration of convicts' estates, in the interests of themselves and their families . Forfeiture consequent on outlawry was exempted from the See also:

• PRO

pro-visions of the act . The See also:

• UNITED

United States constitution (See also:

• ART

Art . III . S . 3) says: " The See also:

• CONGRESS (Lat. congressus, coming together, from congredi; cum, with, and gradus, step)

Congress shall have See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power to declare the punishment of treason, but no attainder of treason shall See also:

• WORK

work corruption of blood, or forfeiture except during the life of the person attainted." Bills of Attainder, in English legal See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

procedure, were formerly a See also:

• PARLIAMENTARY

parliamentary method of exercising judicial authority . They were ordinarily initiated in the See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

House of Lords and the proceedings were the same as on other bills, but the parties against whom they were brought might appear by counsel and produce witnesses in both Houses . In the case of an See also:

• IMPEACHMENT (O. Fr. empeahement, empeschement, from em pecher or empescher, to hinder, Late Lat. impedicare, to entangle, pedica, fetter, pes, foot)

impeachment (q.v.), the House of See also:

• COMMONS

Commons was prosecutor and the House of Lords See also:

• JUDGE (Lat. judex, Fr. juge)

judge; but such bills being legislative in See also:

• FORM (Lat. forma)

form, the consent of crown, lords and commons was necessary to pass them . Bishops, who do not exercise but who claim the right to vote in cases of impeachment(q.a.), have a right to vote upon bills of attainder, but their vote is not conclusive in passing judgment upon the accused . First passed in 1459, such bills were employed, more particularly during the reigns of the Tudor See also:

• KINGS, FIRST AND SECOND BOOKS OF

kings, as a See also:

• SPECIES

species of extrajudicial procedure, for the See also:

• DIRECT

direct punishment of See also:

• POLITICAL

political offences .

Dispensing with the See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary judicial forms and precedents, they took away from the accused whatever advantages he might have gained in the courts of law; such evidence only was admitted as might be necessary to secure conviction; indeed, in many cases bills of attainder were passed without any evidence being produced at all . In the reign of See also:

• HENRY
• HENRY (1129-1195)
• HENRY (c. 1108-1139)
• HENRY (c. 1174–1216)
• HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
• HENRY, EDWARD LAMSON (1841– )
• HENRY, JAMES (1798-1876)
• HENRY, JOSEPH (1797-1878)
• HENRY, MATTHEW (1662-1714)
• HENRY, PATRICK (1736–1799)
• HENRY, PRINCE OF BATTENBERG (1858-1896)
• HENRY, ROBERT (1718-1790)
• HENRY, VICTOR (1850– )
• HENRY, WILLIAM (1795-1836)

Henry VIII. they were much used, through a subservient parliament, to punish those who had incurred the See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

king's displeasure; many distinguished victims who could not have been charged with any offence under the existing See also:

• LAWS

laws being by this means disposed of . In the 17th See also:

• CENTURY (from Lat. centuria, a division of a hundred men)

century, during the disputes with See also:

• CHARLES
• CHARLES (1270-1325)
• CHARLES (1421-1461)
• CHARLES (1525-1574)
• CHARLES (c. 1319-1364)
• CHARLES (Fr. Charles; Span. Carlos; Ital. Carlo; Ger. Karl; derived from O.H.G. Charal,latinized as Carolus, meaning originally " man ": cf. Mod.Ger., Kerl," fellow," A.S. ceorl, Mod. Eng. " churl ")
• CHARLES (KARL EITEL ZEPHYRIN LUDWIG; in Rum. CAROL)
• CHARLES [KARL ALEXANDER] (1712-1780)
• CHARLES, ELIZABETH (1828-1896)
• CHARLES, JACQUES ALEXANDRE CESAR (1746-1823)
• CHARLES, THOMAS (1755-1814)

Charles I., the See also:

• LONG, GEORGE (1800-1879)
• LONG, JOHN DAVIS (1838– )

Long Parliament made effective use of the same procedure, forcing the See also:

• SOVEREIGN

sovereign to give his consent . After the Restoration it became less frequent, though the Jacobite See also:

• ATTEMPT (Lat. adtemptare, attentare, to try)

ATTEMPT 879 See also:

• MOVEMENT

movement in See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland produced several instances of attainder, without, however, the infliction of the extreme See also:

• PENALTY (Lat. poena, punishment)

penalty of death . The last See also:

• BILL

bill of attainder passed in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England was in the case of Lord See also:

• EDWARD

Edward See also:

• FITZGERALD
• FITZGERALD, EDWARD (1809–1883)
• FITZGERALD, LORD E
• FITZGERALD, LORD EDWARD (1763-1798)
• FITZGERALD, LORD THOMAS (loth earl of Kildare), (1513-1537)
• FITZGERALD, RAYMOND, or REDMOND (d. ca. 1182)

Fitzgerald, one of the Irish See also:

• REBEL, JOHANN PETER (176o-1826)

rebel leaders of 1798 . A bill for See also:

• REVERSING

reversing attainder took a form contrary to the usual See also:

• RULE

rule . It was first signed by the sovereign and presented by a peer to the House of Lords by command of the crown, then passed through the ordinary stages and on to the commons, to whom the sovereign's assent was communicated before the first See also:

• READING

reading was taken, otherwise the whole proceedings were null and void . A Bill of Pains and Penalties resembles a bill of attainder in See also:

• OBJECT

object and procedure, but imposes a lesser punishment than death . The most notable instances of the passing of a bill of pains and penalties are those of See also:

• BISHOP (A.S. bisceop, from Lat. episcopus, Gr. irio-Korros, " overlooker " or " overseer ")
• BISHOP, ISABELLA (1832-1904)
• BISHOP, SIR HENRY ROWLEY (1786-1855)

Bishop See also:

• ATTERBURY, FRANCIS (1662-1732)

Atterbury in 1722, and of See also:

• QUEEN
• QUEEN (O.E. cwen, wife, related to "quean," O.E. cwene, a hussy; cf. Gr. yvvi7: from root gan-, to produce; cf. genus, " kin," &c.)

Queen See also:

• CAROLINE
• CAROLINE (1683-1737)

Caroline, wife of See also:

• GEORGE
• GEORGE, 8TH MARQUESS OF TWEEDDALE (1787-1876)
• GEORGE, HENRY (1839—1897)
• GEORGE, LAKE
• GEORGE, SAINT (d. 303)

George IV., in 182o .