| 释义 |
attainder|əˈteɪndə(r)|
Forms: 5 attaynder, 6 atteindor, attendre, attaindour, 6–7 -or, 7 attender, 6– attainder.
[Subst. use of OF. ataindre, ateindre, inf., to attain, also to strike, touch, affect, accuse, convict, condemn:—L. attingĕre to touch upon, strike, attack, etc.; subsequently warped in meaning by erroneous association with F. taindre, teindre, to dye, stain:—L. tingĕre, tinguĕre to imbue, dye, tinge, taint.]
1. The action or process of attainting: orig. as in attain v. 3; in later usage, the legal consequences of judgement of death or outlawry, in respect of treason or felony, viz. forfeiture of estate real and personal, corruption of blood, so that the condemned could neither inherit nor transmit by descent, and generally, extinction of all civil rights and capacities. From the false derivation referred to above, the second of these was looked upon as the essence of Attainder, which is defined by the lawyers as ‘The stain or corruption of blood of a criminal capitally condemned, the immediate inseparable consequence by the Common Law, on the pronouncing of the sentence of death’ (Tomlins, etc.). See also attaint v. 6.
Bill or Act of Attainder: one introduced or passed in the English Parliament (first in 1459) for attainting any one without a judicial trial.
1473J. Warkworth Chron. 12 At the parleament aboue seide..alle other attaynderes that were made in Kynge Edwardes tyme were anullede. 1584D. Powel Lloyd's Cambria 150 The Attaindour of Edward the last Duke of Buckingham. a1626Bacon Max. & Use Com. Law 29 Upon attainder of treason the King is to have the land, although he be not the Lord of whom it is held. a1649Drummond of Hawthornden James III, Wks. (1711) 44 The king might..by their attenders reward the services of many of his necessitous friends. 1768Blackstone Comm. II. 251 By attainder for treason or other felony, the blood of the person attainted is so corrupted, as to be rendered no longer inheritable. 1844Williams Real Prop. Law (1877) 23 All attainders are now abolished. 1864Webster Dict. s.v., By the constitution of the United States, 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.
b. The instrument of attainting; Act of Attainder.
1587Fleming Contn. Holinshed III. 952/2 As in their atteindor was speciall mention made.
†2. fig.
a. Condemnation, sentence; foul or dishonouring accusation or allegation. Obs.
1588Shakes. L.L.L. i. i. 158 He that breakes them..Stands in attainder of eternall shame. 1593― Rich. II, iv. i. 24 Either I must, or haue mine honor soyl'd With th'Attaindor of his sland'rous Lippes.
†b. Stain of dishonour. Obs.
1594Shakes. Rich. III, iii. v. 32 He liu'd from all attainder of suspects. 1752Johnson Rambl. No. 192 ⁋7 A resumption of ancestral claims, and a kind of restoration to blood after the attainder of a trade. |