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Attainder   Listen
noun
Attainder  n.  
1.
The act of attainting, or the state of being attainted; the extinction of the civil rights and capacities of a person, consequent upon sentence of death or outlawry; as, an act of attainder. Note: Formerly attainder was the inseparable consequence of a judicial or legislative sentence for treason or felony, and involved the forfeiture of all the real and personal property of the condemned person, and such "corruption of blood" that he could neither receive nor transmit by inheritance, nor could he sue or testify in any court, or claim any legal protection or rights. In England attainders are now abolished, and in the United States the Constitution provides that no bill of attainder shall be passed; and no attainder of treason (in consequence of a judicial sentence) shall work corruption of blood or forfeiture, except during the life of the person attainted.
2.
A stain or staining; state of being in dishonor or condemnation. (Obs.) "He lived from all attainder of suspect."
Bill of attainder, a bill brought into, or passed by, a legislative body, condemning a person to death or outlawry, and attainder, without judicial sentence.






Collaborative International Dictionary of English 0.48








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"Attainder" Quotes from Famous Books



... unobtrusive were his manners, he called to mind that the Supsorrow McClures were of good blood, and that, though they had taken the Orange and Hanoverian side, they had never grasped at Raincy property during the black days of the attainder, as the Bunny Bunnys and Dalrymples had done—on whom be the ...
— Patsy • S. R. Crockett

... within the king's domains, judgment of outlawry was pronounced against him as a fugitive from justice. Then followed those dreadful attendant penalties; confiscation of his estate and the terrible 'attainder and corruption of blood.' His only son was in America at the time, and, disgraced and with prospects blighted by the news of his father's downfall, he resolved never to return. Twelve years ago this son's youngest daughter, my beloved mother, died, leaving me with little ...
— The Bay State Monthly, Volume 3, No. 4 • Various

... shall suffer the fortress during this space to be taken, either by guile or by open force, as has happened successively to the holders of the Dangerous Castle, he will become liable to dishonour as a knight, and to attainder as a subject; and the chiefs who take share with him, and serve under him, will participate also in ...
— Waverley Volume XII • Sir Walter Scott

... as they did, to deprive parties by legislative decree of existing rights for past conduct, without the formality and the safeguard of a judicial trial, fell within the inhibition of the Constitution against the passage of bills of attainder. In depriving parties of existing rights for past conduct, the provisions of the constitution of Missouri imposed, in effect, a punishment for such conduct. Some of the acts for which such deprivation was imposed were not punishable at the time; ...
— Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State • Stephen Field; George C. Gorham

... laws, nevertheless, and the other discriminating laws passed against the Loyalists provided the excuse for a great deal of barbarism and ruthlessness. In Pennsylvania bills of attainder were passed against no fewer than four hundred and ninety persons. The property of nearly all these persons was confiscated, and several of them were put to death. A detailed account has come down to us of the hanging of two Loyalists of Philadelphia named Roberts and Carlisle. ...
— The United Empire Loyalists - A Chronicle of the Great Migration - Volume 13 (of 32) in the series Chronicles of Canada • W. Stewart Wallace

... I speak of: and if we can divine the future out of what we collect from the past, no person living would look with more scorn and horror on the impious parricide committed on all their ancestry, and on the desperate attainder passed on all their posterity, by the Orleans, and the Rochefoucaults, and the Fayettes, and the Vicomtes de Noailles, and the false Perigords, and the long et cetera of the perfidious sans-culottes of the court, who, like demoniacs possessed with a spirit of fallen pride and inverted ...
— The Works of the Right Honourable Edmund Burke, Vol. V. (of 12) • Edmund Burke

... barbarous age. Its tapestry speaks a language dissonant to the ears of freemen. It tells of exclusive privileges, of divine rights, not in the people, but in the king, of primogeniture, of conformities, of prescriptions, of serfs and lords, of attainder that dries up like a leprosy the fountains of inheritable blood; and, lastly, it discourses of the rights of British subjects, in eloquent language, but sometimes with qualifications that startle the ears of men who have tasted the sweets of a more enlarged liberty. Such was the spirit of the British ...
— The Great Events by Famous Historians, Volume 11 • Various

... consideration, whether his "Jane, Countess of Westmoreland," was not wife of the said Charles Neville, sixth Earl of Westmoreland, who was attainted 18 Eliz. (1575-6). His date is evidently most favourable to this view. It is true the attainder stands in the way; but if even this affords an obstacle, the next candidate for appropriation would be Jane Cholmley. Assuming, however, that your correspondent allows this lady as a candidate for the appropriation, her pedigree corroborates the claim. I have found, ...
— Notes and Queries, Number 75, April 5, 1851 • Various

... another, as to feed his beasts, to catch fish, to dig turf, to cut wood, and the like." In theory, the waste belonged to the King, who vested portions of it in individual lords or religious houses, and they thus became recognized owners of the soil. In case of outlawry or attainder, the waste reverted to the Crown, which, according to custom, held possession of it for a year and a day. Thirdly, the use of the soil, for various specified purposes, resided in the inhabitants of certain townships or hundreds, was appendant to certain tenements, or was reserved as easement ...
— The Customs of Old England • F. J. Snell

... confederation. There was to be no repudiation or readjustment of debts on the ground of inability to pay. Congress was further empowered to establish a uniform rule of naturalization and a uniform law of bankruptcy. But it was prohibited from passing bills of attainder or ex post facto laws, or suspending the writ of habeas corpus, except under the stress of rebellion or invasion. It was provided that all duties, imposts, or excises should be uniform throughout the United ...
— The Critical Period of American History • John Fiske

... know why. Has he made a will, 'twill not be valid were he to plead at a criminal trial; there will be an attainder on it. They say that is one reason, and that he thinks thus to show his scorn of the whole devilish work, and of a trial that is ...
— Giles Corey, Yeoman - A Play • Mary E. Wilkins Freeman

... Guiana, he embarked; but his design having been betrayed to the Spaniards, he was defeated: and on his return to England, in July, 1618, was arrested and beheaded, (by order of the King, on his former attainder,) October 29; suffering his fate with ...
— A Catechism of Familiar Things; Their History, and the Events Which Led to Their Discovery • Benziger Brothers

... interference with private affairs, which republican freedom and simplicity had once conceded to the censor. In reality, the ancient censor, in some parts of his office, was neither more nor less than a compendious legislator. Acts of attainder, divorce bills, &c., illustrate the case in England; they are cases of law, modified to meet the case of an individual; and the censor, having a sort of equity jurisdiction, was intrusted with discretionary powers for reviewing, revising, and amending, pro re nata, whatever in the private ...
— The Caesars • Thomas de Quincey

... State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or ...
— The Handy Cyclopedia of Things Worth Knowing - A Manual of Ready Reference • Joseph Triemens

... Colony of New York, as did not yield obedience to the government exercised by Great Britain, or establish any particular denomination of Christians, or their priests or ministers, who were debarred from holding any civil or military office under the new State; but acts of attainder for crimes committed after the close of the war were abrogated, with the declaration that such acts should not work a corruption of ...
— A Political History of the State of New York, Volumes 1-3 • DeAlva Stanwood Alexander

... enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the ...
— A Compilation of the Messages and Papers of the Presidents - Section 4 (of 4) of Volume 5: James Buchanan • James D. Richardson

... were one hundred and five stones of butter, ten dozens of capons, twenty-six dozens of poultry, three hundred and seventy-six more fowl, three hundred and forty loads of peats, etc. Queen Mary granted Melrose and its lands and tithes to Bothwell, but they were forfeited on his attainder. They then passed to a Douglas, and afterward to Sir James Ramsay, who rescured James VI. in the conspiracy of Gowrie; then to Sir Thomas Hamilton in 1619, who was made Earl of Melrose, and afterward Earl ...
— Seeing Europe with Famous Authors - Vol. II Great Britain And Ireland, Part Two • Francis W. Halsey

... famous John De Courcy, Earl of Ulster, and had the blood of Charlemagne in his veins. He served as Lieutenant-Colonel to Lord Lucan. His attainder under William was reversed, and he appeared at court, where he enforced the privilege peculiar to his family of remaining covered in the ...
— Thomas Davis, Selections from his Prose and Poetry • Thomas Davis

... King's dominions, and its being made felony for any to correspond with him but his own children, is brought to the Commons: but they will not agree to it, being not satisfied with that as sufficient, but will have a Bill of Attainder brought in against him: but they make use of this against the Lords, that they, that would not think there was cause enough to commit him without hearing, will have him banished without hearing. By and by comes out my ...
— Diary of Samuel Pepys, Complete • Samuel Pepys

... Europe that when the grand prior of England laid before the king letters he had received from the grand master and Sir John Kendall, speaking in the highest terms of the various great services Gervaise had rendered to the Order, Edward granted his request that the act of attainder against Sir Thomas Tresham and his descendants should be reversed and the estates restored to Gervaise. The latter made, with his wife, occasional journeys to England, staying a few months on his estates in Kent; and as soon as ...
— A Knight of the White Cross • G.A. Henty

... different characters and situations. Many bore arms in support of the crown, and, by their bravery and exertions, endeavored to secure what they deemed to be the rights of their prince, and their own estates from the effects of the law of attainder. Others left the country; seeking in that place they emphatically called home, an asylum, as they fondly hoped, for a season only, against the confusion and dangers of war. A third, and a more wary portion, remained in the place of their nativity, with a prudent ...
— The Spy • James Fenimore Cooper

... a possession of the Warwicks, passed into the hands of Lord Seymour of Sudeley, the husband of Catharine Parr, until his attainder, when they once more came into the hands of the Crown. James I. sold the manor to the Corporation in 1609. During the present century the lordship of the manor again passed by ...
— Bell's Cathedrals: The Abbey Church of Tewkesbury - with some Account of the Priory Church of Deerhurst Gloucestershire • H. J. L. J. Masse

... assistance of counsel for his defense. Excessive bail shall not he required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. The privilege of the writ of habeas corpus shall not be suspended, except in case of rebellion or invasion. No bill of attainder or ex post facto law shall be passed. And by the Fourteenth Amendment, no state shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal ...
— Experiments in Government and the Essentials of the Constitution • Elihu Root

... tenth Earl Marischal. He had taken part in the Jacobite rising of 1715. Later on he held high office in the Prussian service. In 1759 his attainder was reversed, but he continued to live abroad. In one of his letters to Madame de Boufflers he says, in speaking of Rousseau, "Je lui avais fait un projet; mais en le disant un chateau en Espagne, d'aller habiter une maison toute meublee que j'ai en Ecosse; d'engager ...
— Boswell's Correspondence with the Honourable Andrew Erskine, and His Journal of a Tour to Corsica • James Boswell

... provision; The wealthy have you in derision: Of state affairs you cannot smatter; Are awkward when you try to flatter; Your portion, taking Britain round, Was just one annual hundred pound; Now not so much as in remainder, Since Cibber[3] brought in an attainder; For ever fix'd by right divine (A monarch's right) on Grub Street line. Poor starv'ling bard, how small thy gains! How unproportion'd to thy pains! And here a simile comes pat in: Though chickens take a month to fatten, The guests in less than half an hour Will more than half ...
— The Poems of Jonathan Swift, D.D., Volume I (of 2) • Jonathan Swift

... the Lord Admiral, Thomas Seymour. That ambitious nobleman, brother of the Protector, certainly designed, when Catharine died, to marry Elizabeth; an intention which was among the causes of his execution under attainder. His relations with her had already been unduly familiar, but there was no warrant for the scandalous stories that were repeated; and although Elizabeth all her life was naturally disposed to an excessive freedom of manners, she now became a pattern of decorum. But she was probably more ...
— The World's Greatest Books, Vol X • Various

... most probably, not approved by the proprietor, who transmitted, in turn, for their consideration, a code of laws prepared by himself. This code was laid before the assembly who rejected it without hesitation, and prepared a body of regulations adapted to their situation. Among these was an act of attainder against William Clayborne, who was charged with felony and sedition, with having exercised the powers of government within the province without authority, and with having excited the Indians to make war ...
— The Life of George Washington, Vol. 1 (of 5) • John Marshall

... policy against the Danes of the five boroughs. After the Conquest William I. granted the manor of Bridgnorth to Earl Roger of Shrewsbury, whose son Robert de Belesme transferred his castle and borough from Quatford to Bridgnorth, but on Robert's attainder in 1102 the town became a royal borough. It is probable that Henry I. granted the burgesses certain privileges, for Henry II. confirmed to them all the franchises and customs which they had in the time of Henry I. King John in 1215 granted them freedom from toll throughout England ...
— Encyclopaedia Britannica, 11th Edition, Volume 4, Part 3 - "Brescia" to "Bulgaria" • Various

... rules of pleading, the law of escapes and of contempt of court, in the principles of evidence, both technical and philosophical, in the distinction between the temporal and spiritual tribunals, in the law of attainder and forfeiture, in the requisites of a valid marriage, in the presumption of legitimacy, in the learning of the law of prerogative, in the inalienable character of the Crown, this mastership appears with ...
— Is Shakespeare Dead? - from my Autobiography • Mark Twain

... time to be in London, whither he had gone to receive clerical orders; and I was informed afterwards by Peyton Randolph, that it had procured me the honor of having my name inserted in a long list of proscriptions, enrolled in a bill of attainder commenced in one of the Houses of Parliament, but suppressed in embryo by the hasty step of events, which warned them to be a little cautious. Montague, agent of the House of Burgesses in England, ...
— Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson - Volume I • Thomas Jefferson

... is occupied by a manufactory. After two years Lord Dudley obtained from the King license to transfer all his newly-gained estates to Sir Wymonde Carew, but there seems reason to suppose that Lord Dudley remained in possession of the manor-house until his attainder in the reign of Queen Mary, because the manor then reverted to the Crown, and was regranted. Clinch gets out of this difficulty by supposing Lord Dudley to have parted with his estates and retained the manor, but in the deed of license ...
— Holborn and Bloomsbury - The Fascination of London • Sir Walter Besant

... possessions in North America at the time of the accession of James was maintained the patent was allowed nominally to remain in force. But no one claimed any rights under it. It has been stated by several recent historians that the attainder of Raleigh took away his patent privileges, but evidence of this is not forthcoming. It is manifest that James the First, who had little regard for his own or others' royal grants or chartered rights in America, considered the coast clear and as open to his own royal bounty as it had been long ...
— Thomas Hariot • Henry Stevens

... receive and cherish a proscribed person, without exception to brother, son, or parents. And to him who should slay any one proscribed person, he ordained two talents reward, even were it a slave who had killed his master, or a son his father. And what was thought most unjust of all, he caused the attainder to pass upon their sons, and son's sons, and made open sale of all their property. Nor did the proscription prevail only at Rome, but throughout all the cities of Italy the effusion of blood was such, that neither sanctuary of the gods, nor hearth of hospitality, nor ancestral home ...
— Museum of Antiquity - A Description of Ancient Life • L. W. Yaggy

... statute 11 Hen. VII. c. 1. which directs, that no person for assisting a king de facto shall be attainted of treason by act of parliament or otherwise, is held to be good only as to common prosecutions for high treason; but will not restrain or clog any parliamentary attainder[o]. Because the legislature, being in truth the sovereign power, is always of equal, always of absolute authority: it acknowleges no superior upon earth, which the prior legislature must have been, if it's ordinances ...
— Commentaries on the Laws of England - Book the First • William Blackstone

... punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the ...
— The Federalist Papers • Alexander Hamilton, John Jay, and James Madison

... remained concealed, but in the mean time both title and estate were forfeited by attainder. His last escape was so very remarkable, that I may be pardoned for giving it in the language of ...
— Lays of the Scottish Cavaliers and Other Poems • W.E. Aytoun

... petition of her daughters Mrs. Lloyd and Mrs. Askew, her attainder was annulled by Act of Parliament on the ground that the verdict was 'injuriously extorted and procured by the menaces and violences and other illegal practices of George Lord Jeffreys, baron of Wem, then Lord ...
— State Trials, Political and Social - Volume 1 (of 2) • Various

... criminal case to be a witness against himself; that the right to be secure against unreasonable searches and seizures shall not be violated; that neither slavery nor involuntary servitude shall exist except as a punishment for crime; that no bill of attainder or ex-post-facto law shall be passed; that no law shall be passed abridging the freedom of speech or of the press, or the rights of the people to peaceably assemble and petition the Government for a redress of grievances; that no law shall be made respecting the establishment ...
— The Philippines: Past and Present (vol. 1 of 2) • Dean C. Worcester

... thus finished—the most painful remained. The Nun of Kent and her accomplices were to be proceeded against by act of parliament; and the bill of their attainder was presented for the first time in the House of Lords, on the 18th of February. The offence of the principal conspirators was plainly high treason; their own confessions removed uncertainty; the ...
— History of England from the Fall of Wolsey to the Death of Elizabeth. Vol. II. • James Anthony Froude

... BARONESS (1766-1845).—B. at the House of Gask ("the auld house"), m. in 1806 her second cousin, Major Nairne, who on reversal of attainder became 5th Lord Nairne. On his death, after residing in various places in England, Ireland, and on the Continent, she settled at the new house of Gask (the old one having been pulled down in 1801). Of her songs—87 in number—many first appeared anonymously in The ...
— A Short Biographical Dictionary of English Literature • John W. Cousin

... this time was exceedingly occupied with quelling the ardour of the House of Lords, who were requesting that the Holy Maid of Kent and her companions might have an opportunity of defending themselves before the Act of Attainder ordered by the King was passed against them; but he found time to tell his agent that trouble was impending over More and Fisher; and to request him to hand in any evidence that he might ...
— The King's Achievement • Robert Hugh Benson

... he had been sent away, for just about this time King Edward caused an act of attainder to be passed against all the noblemen who had fought for the cause of Henry the Seventh, that is, they were deprived of their titles, and their estates were declared forfeited to the crown; he also issued a command that the children of the attainted ...
— The Grateful Indian - And other Stories • W.H.G. Kingston

... his headquarters at Dublin. Not long afterwards he issued that great Act of Attainder (1689) which summoned all who were in rebellion against his authority to appear for trial on a given day, or be declared traitors, hanged, drawn, and quartered, and their property confiscated.[1] Next, the Protestant city of Londonderry (S423) was bebesieged (1689). For more than three months ...
— The Leading Facts of English History • D.H. Montgomery

... the King's party was subdued, and the unhappy sovereign, whose acts and habits had excited so much animosity, cruelly put to death, we find not only the political character of the Earl of Lancaster vindicated, his attainder reversed, his estates restored to his family, and his adherents re-established in all their rights and liberties, but within five weeks of the accession of Edward the Third, a special mission was sent to the Pope from the King, imploring ...
— Notes & Queries 1850.01.19 • Various

... and from him discovered that Cameron was in a house in a wood. Thence he escaped, but was caught among the bushes and carried to Edinburgh by Bland's dragoons. On April 17 he was examined by the Council at the Cockpit in Whitehall. He was condemned on his attainder for being out in 1745, {201} and his wife in vain besieged George II. and the Royal Family with petitions for his life. 'The Scots Magazine' of May 1753 contains a bold and manly plea for clemency. 'In an age in which commiseration ...
— Pickle the Spy • Andrew Lang

... Wolsey's private secretary; but he had now become chief counselor to the King, and in his crooked and cruel policy reduced bloodshed to a science. He first introduced the practice of condemning an accused prisoner without any form of trial (by Act of Attainder), and sending him to the block[1] without allowing him to speak in his own defense (S356). No one was now safe who did not ...
— The Leading Facts of English History • D.H. Montgomery

... of two of the accomplices in his father's murder, and caused Mortimer to die a traitor's death at once at Tyburn—the inaugurating execution at that melancholy spot. This hasty sentence stood Mortimer's family in good stead; for, as there was no sentence of attainder, they continued to hold the earldom of March. Edward little thought that the grandson of his father's murderer would become the ...
— Cameos from English History, from Rollo to Edward II • Charlotte Mary Yonge

... was attainted in 1641, and his noble possessions parcelled out by Edward IV; the honour, castle, and lordship of Belvoir, with the park and all its members, and the rent called castle-guard, (then an appurtenance to Belvoir,) being granted in 1647, to Hastings the court corruptionist.[2] The attainder was, however, repealed, and Edmund, Lord Ros re-obtained possession of all his estates in 1483: he died at Enfield, and the estates then passed into the Manners family, as we ...
— The Mirror of Literature, Amusement, and Instruction, Vol. 20, - Issue 564, September 1, 1832 • Various

... "That if Ravenswood was to have a distinguished place of power and trust, and if such a union would sopite the heavier part of his unadjusted claims, there might be worse matches for his daughter Lucy: the Master might be reponed against the attainder. Lord Ravenswood was an ancient title, and the alliance would, in some measure, legitimate his own possession of the greater part of the Master's spoils, and make the surrender of the rest a subject of less ...
— Bride of Lammermoor • Sir Walter Scott

... adopted for the guidance of those to be sent by the body as delegates to the General Congress of the colonies. For this paper, afterward published as "A Summary View of the Rights of British America," the name of Jefferson was inserted in a bill of attainder ...
— Great Men and Famous Women. Vol. 4 of 8 • Various

... officer bearing this title on the day of the coronation, and his honourable place of walking immediately before the king in procession. The Earls of Leicester once enjoyed this great dignity hereditarily; through them it descended to the De Montford family, until, on the attainder of the last Earl, it was granted by Henry III. to his younger son Edmund, by whom it became transmitted to John of Gaunt, and eventually to Henry IV. while Duke of Lancaster; since which period it has been prudently suffered ...
— Coronation Anecdotes • Giles Gossip

... Friedland Has sold the army to the enemy, And pledged himself to give up Prague and Egra. On this report the regiments all forsook him, The five excepted that belong to Tertsky, 25 And which have followed him, as thou hast seen. The sentence of attainder is passed on him, And every loyal subject is required To give him in to justice, dead ...
— The Complete Poetical Works of Samuel Taylor Coleridge - Vol I and II • Samuel Taylor Coleridge

... The right of the people peaceably to assemble and petition the government for a redress of grievances shall not be denied. The privilege of the writ of habeas corpus shall not be suspended. Congress may not define treason. Neither bills of attainder, nor ex-post facto legislation may be passed by Congress. Jury trial, fair bail, and freedom from both excessive fines and cruel and unusual punishments are guaranteed by the Constitution. Neither life, liberty nor property may be taken ...
— Problems in American Democracy • Thames Ross Williamson

... Earl of Darlington; and on the death of her brother William, second and last Duke of Cleveland, S.P., in 1774, her son, Henry, second Earl of Darlington, the father of the present Marquess of Cleveland, became one of the representatives of that family. It is an extraordinary fact, that the attainder of the celebrated Sir Henry Vane should never have been reversed, though his son was created a Baron, his great-grandson a Viscount and Earl, and his great-great-great-grandson a Marquess. The only individual on whom the title of Cleveland has been conferred, besides Barbara Villiers and her descendants, ...
— The Mirror of Literature, Amusement, and Instruction - Volume 10, No. 277, October 13, 1827 • Various

... of treason and ingredients of treason, not amounting to the full crime, it declares forfeiture extending beyond the lives of the guilty parties; whereas the Constitution of the United States declares that "no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted." True, there is to be no formal attainder in this case; still, I think the greater punishment cannot be constitutionally ...
— The Papers And Writings Of Abraham Lincoln, Complete - Constitutional Edition • Abraham Lincoln



Words linked to "Attainder" :   civil death



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