ATTAINER, in Law. When sentence of death, the most terrible and highest judgment in our laws, is pronounced, the immediate inseparable consequence by the common law is attainder. For when it is now clear beyond all dispute, that the criminal is no longer fit to live upon the earth, but is to be exterminated as a monster and a bane to human society, the law sets a note of infamy upon him, puts him out of its protection, and takes no farther care of him than barely to see him executed. He is then called attaint, attinatus, stained or blackened. He is no longer of any credit or reputation; he cannot be a witness in any court; neither is he capable of performing the functions of another man: for by an anticipation of his punishment, he is already dead in law. This is after judgment: for there is a great difference between a man convicted and attained; though they are frequently through inaccuracy confounded together. After conviction only, a man is liable to none of these disabilities: for there is still in contemplation of law a possibility of his innocence. Something may be offered in arrest of judgement: the indictment may be erroneous, which will render his guilt uncertain, and thereupon the present conviction may be qualified: he may obtain a pardon, or be allowed the benefit of clergy; both which suppose some latent sparks of merit, which plead in extenuation of his fault. But when judgment is once pronounced, both law and fact conspire to prove him completely guilty; and there is not the remotest possibility left of anything to be said in his favour. Upon judgement, therefore, of death, and not before, the attainder of a criminal commences: or upon such circumstances as are equivalent to judgment of death; as judgment of outlawry on a capital crime, pronounced for absconding or fleeing from justice, which tacitly confesses the guilt; and therefore, upon judgment either of outlawry, or of death, for treason or felony, a man shall be said to be attainted.

A person attainted of high treason forfeits all his lands, tenements, and hereditaments; his blood is corrupted, and he and his posterity rendered base; and this corruption of blood cannot be taken off but by act of parliament*. Attainders may be reversed or falsified (i.e. proved articles to be false) by writ of error, or by plea. If by writ of Cor- error, it must be by the king's leave, &c.; and when by ple, it may be by denying the treason, pleading a par- don by act of parliament, &c.

Persons may be attainted by act of parliament.— Acts of attainder of criminals have been passed in several reigns, on the discovery of plots and rebellions, from the reign of King Charles II. when an act was made for the attainder of several persons guilty of the murder of King Charles I. Among acts of this nature, that for attainting Sir John Fenwick, for conspiring against King William, is the most remarkable; it being made to attain and convict him of high treason on the oath of one witness, just after a law had been enacted, "That no person should be tried or attainted of high treason where corruption of blood is incurred, but by the oath of two lawful witnesses, un- lefs the party confess, stand mute, &c." Stat. 7 and 8 W. III.