A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

ATTAINDER.

Attainder, is when a man hath committed Trea∣son or Felony, and after conviction judgment hath passed upon him, he is then said to be attaint∣ed, and such attainder hath these effects, that his blood is so stained and corrupted thereby, that he is said to be convicted when the Jury hath found him guilty, but not attainted till judgment.

If a man doth adhere to the Kings enemies, and die, or be slain before a tainder, he shall forfeit nothing, nor shall his blood be corrupt. This was the case of Iack Cade, who being slain in open Rebellion could no way be punished, or forfeit any thing, and therefore in the 29^th year of H. 6. cap. 1. was attainted by Parliament; be∣fore that time it was rare to attaint a man after his death, but since frequent.

• 1. His Children cannot be Heirs to him, nor any* 1.1 other Ancestor.
• 2. If he were noble and gentle before, he and all his Children and Posterity are by his at∣tainder made base and ignoble in respect of any Nobility or Gen••ry which they had by their birth.
• 3. This corruption of blood is so high, that regularly it cannot be possibly salved but by Authority of Parliament. The Kings Letters Patents will not do it.

Notes

• * 1.1

  Cook on Lit. l. 3. c. 13. sect. 745.