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"attainder" Definitions

  1. extinction of the civil rights and capacities of a person upon sentence of death or outlawry usually after a conviction of treason
  2. [obsolete] DISHONOR

"attainder" Synonyms

proscription banishment deportation expulsion exile expatriation eviction ejection exclusion ostracism excommunication outlawry displacement relegation transportation extradition dismissal discharge removal debarment

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How to use attainder in a sentence? Find typical usage patterns (collocations)/phrases/context for "attainder" and check conjugation/comparative form for "attainder". Mastering all the usages of "attainder" from sentence examples published by news publications.

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That would amount to a bill of attainder — which is unconstitutional.
Such a law is called a "bill of attainder," which the Constitution forbids.
" As legal experts anticipated, Huawei is arguing that the government ban is "a bill of attainder.
Kaspersky filed two lawsuits in response, arguing that the prohibition amounted to a bill of attainder.
Kaspersky filed two lawsuits against the government with one claiming the move amounted to a bill of attainder.
Kaspersky also filed a legal challenge, arguing that the government had created a bill of attainder, but the government prevailed in court.
If Chaffetz's resolution did carry the force of law, it would be a bill of attainder, a point on which Gerhardt agreed.
Congress is not "a law enforcement or trial agency" and may not pass bills of attainder—that is, laws that punish someone without a trial.
Huawei also claims it's being unfairly singled out in an unconstitutional bill of attainder — where legislation singles out a person or entity for punishment without trial.
The company says that the measure breached a legal standard against making a "bill of attainder," in which the government makes policy punitively directed at a small group.
The company will argue that the provision amounts to a "bill of attainder," or a legislative act that singles out a person or group for punishment without trial.
Even Congress might not have the authority to impose such taxes, because the Constitution's bills of attainder clause bars lawmakers from singling out specific businesses or individuals for punishment.
Kaspersky argues, in a Monday filing in D.C. federal court, that the defense authorization serves as an unconstitutional "bill of attainder," a law targeted specifically at an individual or small group.
Jim Renacci (R-Ohio), a member of the Ways and Means Committee, said he had "grave concerns" that the amendment is an unconstitutional "bill of attainder" that punishes a specific person.
The details: Kaspersky sued to prevent the two rules from coming into place, claiming the NDAA was a form of unlawful punishment against a specific company known as a bill of attainder.
"Of course, the Legislature was motivated by Donald Trump's current refusals," Mr. Rosenthal said, but added that he thought the bill was written broadly enough to avoid the "bill of attainder" accusation.
Huawei's primary argument is that the ban on its products is a "bill of attainder" - a legislative act condemning a particular person or group of people and punishing them without a trial.
Huawei's suit is likely to argue that the provision is a "bill of attainder," or a legislative act that singles out a person or group for punishment without trial, according to the newspaper report.
"This is a bill of attainder, aimed at one person," said Ed Cox, the chairman of the New York State Republican Party, adding that the maneuver was "outrageous politics," aimed at increasing Mr. Cuomo's political prospects.
Republicans in Albany were irate with both bills, calling them "bills of attainder," a legislative act that singles out a person or a group for punishment without trial, and a blatantly political act in a deeply blue state.
Huawei argues that the provision in the NDAA in which it is explicitly named is a "bill of attainder" — wherein a legislative act pronounces a specific individual or group guilty of some offense and punishes them without due process.
According to one of the people familiar with the matter, Huawei's lawsuit is likely to argue that the provision is a "bill of attainder," or a legislative act that singles out a person or group for punishment without trial.
According to one of the people familiar with the matter, Huawei is likely to argue that the provision is a "bill of attainder," or a legislative act that singles out a person or a group for punishment without trial.
Huawei argues that the provision in the NDAA in which it is explicitly named is really a "bill of attainder" — wherein a legislative act pronounces a specific individual or group guilty of some offense and punishes them without due process.
Huawei's lawsuit argues that by singling out the company, Congress has violated constitutional principles on the separation of powers and also the bill of attainder clause, which prohibits legislation that singles out a person or entity for punishment without trial.
Several legal experts pointed to a November 2018 decision by a federal appeals court rejecting a similar bill of attainder claim by Russian cybersecurity firm Kaspersky Lab, whose anti-virus software was banned from U.S. government networks by legislation in 2017.
That opinion was echoed by Brian Galle, a law professor at Georgetown University Law School, who said that "bills of attainder have been interpreted really narrowly by the courts," and noted that legislation often describes targeted industries or municipalities in vague terms.
The New York Times cited a source as saying Huawei's suit is likely to argue that the NDAA provision is a "bill of attainder," or a legislative act that singles out a person or group for punishment without trial, according to the newspaper report.
Michael Gerhardt, a law professor at the University of North Carolina, said that Congress has the ability to approve non-binding resolutions but should be careful of the wording to make sure that the measure is not an unconstitutional "Bill of Attainder" that punishes a specific person or group of people.
"Beyond Process: A Substantive Rationale for the Bill of Attainder Clause". Virginia Law Review. 70:475 (April 1984), p. 481-483. The Court changed its "bill of attainder test" in 1946.
American Communications Association v. Douds is also important because it is part of the Court's evolving jurisprudence on bills of attainder."Beyond Process: A Substantive Rationale for the Bill of Attainder Clause," Virginia Law Review, April 1984, p. 476-487. It stands firmly in the Court's bill of attainder jurisprudence established by Justice Frankfurter in his dissent in United States v.
Bills of attainder were used through the 18th century in England, and were applied to British colonies as well. Some colonists were inspired to the American Revolution because of anger at the injustice of attainder. Although at least one American state, New York, used a 1779 bill of attainder to confiscate the property of British loyalists (called Tories) as both a penalty for their political sympathies and means of funding the rebellion, American dissatisfaction with British attainder laws resulted in their being prohibited in the U.S. Constitution ratified in 1789.
Attainder by verdict resulted from conviction by jury. Attainder by process resulted from a legislative act outlawing a fugitive. The last form is obsolete in England (and prohibited in the United States), and the other forms have been abolished.
In the end the impeachment proceedings were halted. On 30 October 1644 Parliament heard a sermon from Edmund Staunton, and the following day moved to the process of attainder. Prominent among the advocates of attainder was Sir Samuel Browne.
However, his honours and lands had already been forfeited to the Crown by attainder.
In the Westminster system, a bill of attainder is a bill passed by Parliament to attaint persons who are accused of high treason, or, in rare cases, a lesser crime. A person attainted need not have been convicted of treason in a court of law; in fact, the attainder process is a method of declaring a person a fugitive. A rumour circulated that a bill of attainder against Thomas Jefferson occurred in 1774 because of his authorship of A Summary View of the Rights of British America. A bill of attainder was last passed in Britain in 1798, against Lord Edward FitzGerald.
The Attainder of the Earl of Kildare Act 1536 (28 Hen.8 c.18) was a bill of attainder passed by the Parliament of England to authorise the execution of the 10th Earl of Kildare, his uncles and Archdeacon Charles Reynolds, for treason.
As mentioned above, there was a fifth creation in 1529 that became forfeit under attainder.
He was attainted in 1540 and the peerage forfeited. This attainder has not been reversed since.
Methuen's crucial support for the Government during the attainder of Sir John Fenwick- in particular his eloquent speech refuting the argument that two Crown witnesses were necessary to support a Bill of Attainder, as was the case in a trial for treason- was another reason for giving him preferment.
It is no surprise, then, that the Supreme Court refused to declare Section 9(h) a bill of attainder, because it prohibited future rather than past acts.Welsh, "The Bill of Attainder Clause: An Unqualified Guarantee of Process," Brooklyn Law Review, Fall 1983, p. 97. The ability to "escape" the penalty (e.g.
Brown, ."Beyond Process: A Substantive Rationale for the Bill of Attainder Clause." Virginia Law Review. April 1984, p. 485.
In 1871, Cowper managed to obtain a reversal of the attainder of the Scottish lordship of Dingwall and the English barony of Butler, which had been under attainder since 1715, and he became the 4th Lord Dingwall and the 3rd Baron Butler as well. In 1880, he succeeded his mother as 8th Baron Lucas.
In 1807 the claim to the barony of Stafford, which had been under attainder since 1680, passed to him through his mother. He died in 1809 when the baronetcy and the claim to the barony passed to his son, the seventh Baronet. He petitioned the House of Lords for a reversal of the attainder of the barony of Stafford and for a writ of summons to Parliament. In 1824 the attainder was reversed and the following year he was summoned to the House of Lords as the eighth Baron Stafford.
Welsh, Jane. "The Bill of Attainder Clause: An Unqualified Guarantee of Process". Brooklyn Law Review. 50:77 (Fall 1983), p. 97.
But his honours, which were forfeited by the Act of Attainder of 1553, were not fully restored till after Elizabeth's accession (1558).
The titles remained merged until the attainder of Charles Neville, 6th Earl of Westmorland, in 1571, wherein the barony of Neville became extinct.
Sir Henry Bellingham suffered attainder in c. 1461 for his adherence to the Lancastrian cause, in the victory of Edward IV,'4 Edw.
A bill of attainder (also known as an act of attainder or writ of attainder or bill of penalties) is an act of a legislature declaring a person, or a group of persons, guilty of some crime, and punishing them, often without a trial. As with attainder resulting from the normal judicial process, the effect of such a bill is to nullify the targeted person's civil rights, most notably the right to own property (and thus pass it on to heirs), the right to a title of nobility, and, in at least the original usage, the right to life itself. Bills of attainder passed in Parliament by Henry VIII on 29 January 1542 resulted in the executions of a number of notable historical figures. The use of these bills by Parliament eventually fell into disfavour due to the obvious potential for abuse and the violation of several legal principles, most importantly the right to due process, the precept that a law should address a particular form of behaviour rather than a specific individual or group, and the separation of powers.
In 1824, his father managed to obtain a reversal of the attainder of the barony of Stafford (the attainder had been imposed on his ancestor William Howard, 1st Viscount Stafford and 1st Baron Stafford in 1680). The family assumed by Royal licence the additional surname of Stafford at the same time.Kidd, Charles, Williamson, David (editors). Debrett's Peerage and Baronetage (1990 edition).
He succeeded as seventh Baronet of Costessey on 14 August 1809. In 1824, he obtained a reversal of the attainder of the barony of Stafford (the attainder had been imposed on his ancestor William Howard, 1st Viscount Stafford and 1st Baron Stafford in 1680). The family assumed by Royal licence the additional surname of Stafford at the same time.Kidd, Charles, Williamson, David (editors).
But in Brown, the Court held that "Punishment serves several purposes; retributive, rehabilitative, deterrent—and preventive", establishing that a law can be a bill of attainder even it is preventive.Carringan, "The Bill of Attainder Clause: A New Weapon to Challenge the Oil Pollution Act of 1990," Boston College Environmental Affairs Law Review, 2000, p. 143, quoting United States v. Brown, 381 U.S. 437, at 458.
Both titles were forfeit by the attainder of the 4th Earl in 1716 on account of his participation in the Jacobite rising of 1715. The heirs apparent to the Earldom were styled Lord Maule. The seat of the Earldom was Panmure House, built in the 17th century near Monikie, Angus. The Scottish titles of Earl of Panmure and Baron of Maule remain under attainder.
Justice Hugo Black concurred, writing alone to clarify that he thought the Attorney General’s list was itself an unconstitutional violation of bill of attainder clause. He appended a passage from the footnotes of the historian Thomas Babington Macaulay's History of England from the Accession of James the Second, describing the evils of the Great Act of Attainder enacted at the behest of James II of England.
177 Debenham was condemned to death for treason. His life was spared but he remained in prison until 1499,Ball p.184 when his sister Elizabeth Brewes in return for paying a large fine obtained a pardon for her brother, and a promise that the attainder would be reversed. Gilbert died in 1500 but Elizabeth's son Robert later succeeded in having the attainder lifted.
He opposed the attainder of Sir John Fenwick for treason and made a long speech on 25 November 1696, arguing that the case should be dealt with by ordinary process of criminal law. He voted against the attainder. He spoke and voted on many issues, but was a particularly strong supporter of the Blasphemy Act 1697. He did not stand at the 1698 English general election.
Thomas B. Costain The Last Plantagenets, page 200 In October 1400, the attainder was reversed, and Richard's son Thomas succeeded to his father's estates and honours.
On the defeat of the Lancastrian party he made his submission to Edward IV, who reversed his attainder on 13 October 1471.Foss, pp. 313–314.
Lack of clear evidence for treason ruled out a trial, so Seymour was condemned instead by an Act of Attainder and beheaded on 20 March 1549.
In 1660, the House of Lords voted to expunge the record of Strafford's attainder from its official Journal, with the intention of repudiating its legal validity.
He was created Viscount Lisle on 12 March 1542, and was later created Duke of Northumberland. He forfeited his titles upon his execution and attainder in 1553.
Pole, pp. 253, 195 Upon the attainder of Bonville's eventual heir Henry Grey, 1st Duke of Suffolk (1517–1554), all of his estates escheated to the crown.
He died at his house at Chelsea in April 1655, and was buried at Dauntsey. His name was in the Act of Attainder passed at the Restoration.
Writ of Attainder for treason passed against his father, John (right). Portrait of Thomas, Lord Erskine, painted by David Allan. Thomas Erskine, Lord Erskine (1705 – 16 March 1766) was the son of John Erskine, 6th Earl of Mar. He could not inherit the title of Earl of Mar due to the Writ of Attainder for treason passed against his father in 1716 for his role in the First Jacobite Rebellion (1715).
The title is now extinct, although there may be male-line Sutherlands descended from earlier lairds of Duffus. In 1734, the 3rd Lord was attainted and the lordship was forfeited. His son Eric tried but failed to get a reverse of the attainder. His son James Sutherland of Duffus got the attainder reversed, and was restored to the lordship as 4th (titular 5th) Lord Duffus on 25 May 1826.
The widow Proctor remarried in 1699, to Daniel Richards. In 1703 she and her late husband John Proctor were granted a reversal of attainder by the Massachusetts legislature.
Watts and his brother Robert petitioned for the attainder to be overturned. They were unable to have it overturned but were allowed to buy back their father's properties.
However, they only gave reversal of attainder only for those who had filed petitions. In 1705 another petition was filed requesting a more equitable settlement for those wrongly accused. In May 1709, 22 people who had been convicted of witchcraft, or whose parents had been convicted of witchcraft, presented the General Court with a petition to take action on the 1705 proposal demanding both a reversal of attainder and compensation for financial losses.
His attainder was confirmed by an Act of Parliament passed on 12 April 1552. The attainder was reversed early in the reign of Queen Mary, at which time his eldest son and heir, Sir Thomas Stanhope, recovered possession of his paternal estates.. Stanhope's alleged co-conspirators, Sir Thomas Arundell of Wardour, Sir Miles Partridge and Sir Ralph Vane, were all executed on the same day, Arundell being beheaded, Partridge and Vane hanged.
Urbana, Illinois: University of Illinois Press, 1996, p. 56. The Court did not apply the punishment prong of the Douds test, leaving legal scholars confused as to whether the Court still intended it to apply.Welsh, "The Bill of Attainder Clause: An Unqualified Guarantee of Process", Brooklyn Law Review, Fall 1983, p. 98. The Supreme Court emphasized the narrowness and rationality of bills of attainder in Nixon v. Administrator of General Services, 433 U.S. 425 (1977).
Tyrrell was buried at the church of the Austin Friars, London. He was attainted on 25 January 1504; however the attainder was reversed three years later, on 19 April 1507.
The Court held that, under these circumstances, the Act was no "mere appropriation measure", but was effectively a bill of attainder prohibited by Article I, Section 9, of the Constitution.
Baron Holand is a title in the Peerage of England. It was created twice, in 1314 and 1353. The first creation was extinguished by attainder and the second is in abeyance.
The movement in favour of Lady Jane collapsed, and on 21 and 22 July 1553 Grey and other compromised persons obtained pardon. Nevertheless, an act of attainder was passed against them.
Charles Hamilton, 5th Earl of Abercorn (died June 1701) succeeded his brother who had been attainted as a Jacobite and, having conformed to the established church, could get the attainder reversed.
The U.S. Supreme Court has invalidated laws under the Attainder Clause on five occasions."Nonattainder as a Liberty Interest", Wisconsin Law Review, 2010, p. 1229. Two of the United States Supreme Court's first decisions on the meaning of the bill of attainder clause came after the American Civil War. In Ex parte Garland, 71 U.S. 333 (1866), the court struck down a federal law requiring attorneys practising in federal court to swear that they had not supported the rebellion.
The fee farm of Carlisle was returned to Percy in November 1459, following Salisbury's attainder in Coventry. He also benefited from the attainder of York, being granted an annuity of £66 from the latter's forfeited Wakefield Lordship in Yorkshire; he also received £200 from the profits of Penrith. As a reward for his role in the Lancastrian victory at Ludford Bridge, he was made Chief Forester north of the River Trent and the Constable of Scarborough Castle on 22 December 1459 for life.
His son, the fourth baronet and de jure seventh earl, also represented this constituency in the House of Commons. His son, the fifth baronet and de jure eighth earl, briefly represented Aberdeen in Parliament. His son, the sixth baronet and de jure ninth earl, obtained a reversal of the attainder in 1855The Relief of Sir James Carnegie from the effect of the attainder of James, fifth Earl of Southesk Act 1855 (18 & 19 Vict.) c.17. and became the ninth earl of Southesk.
From 1826 to 1836, his father J. C. Buckler built a Gothic castle at Costessey which was several times larger than the original Tudor hall. In 1824, his father managed to obtain a reversal of the attainder of the barony of Stafford (the attainder had been imposed on his ancestor William Howard, 1st Viscount Stafford and 1st Baron Stafford in 1680). At the same time, the family assumed the additional surname of Stafford by Royal licence.Kidd, Charles, Williamson, David (editors).
From 1826 to 1836, his father J. C. Buckler built a Gothic castle at Costessey which was several times larger than the original Tudor hall. In 1824, his father managed to obtain a reversal of the attainder of the barony of Stafford (the attainder had been imposed on his ancestor William Howard, 1st Viscount Stafford and 1st Baron Stafford in 1680). At the same time, the family assumed the additional surname of Stafford by Royal licence.Kidd, Charles, Williamson, David (editors).
Although his downfall was postponed, the Admiral's own rashness led him to attainder and execution in the following year, some months after Catherine Parr's death after childbirth. Blagge and John Dudley, 2nd Earl of Warwick, made depositions in relation to the attainder in January 1549,Calendar of State Papers, Domestic, Edward VI, Mary, Elizabeth, p. 13. alleging that Thomas Seymour had threatened to stab anyone who attempted to arrest him. At some point Blagge seems to have transferred his loyalty to Warwick.
The Court had added an "escape clause" test to determining whether a law was a bill of attainder. In United States v. Brown, 381 U.S. 437 (1965), the Court invalidated the section of the statute that criminalized a former communist serving on a union's executive board. Clearly, the Act had focused on past behaviour and had specified a specific class of people to be punished."Beyond Process: A Substantive Rationale for the Bill of Attainder Clause", Virginia Law Review, April 1984, p. 485.
Lionel de Welles, 6th Baron Welles, KG (c. 1406 – 29 March 1461) was an English peer who served as Lord Lieutenant of Ireland and Joint Deputy of Calais. He was slain fighting on the Lancastrian side at the Battle of Towton, and was attainted on 21 December 1461. As a result of the attainder, his son, Richard Welles, 7th Baron Welles, did not succeed him in the barony of Welles until the attainder was reversed by Parliament in June 1467.
In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditary titles, but typically also the right to pass them on to one's heirs. Both men and women condemned of capital crimes could be attainted. Attainder by confession resulted from a guilty plea at the bar before judges or before the coroner in sanctuary.
Stafford was attainted and the family lost the title. The well-intentioned efforts of King James II in 1685 to have the attainder reversed failed, due to deadlock between the two Houses of Parliament on the issue, and later to the King's unwillingness to recall his increasingly obstructive Parliament. The title of Baron Stafford was returned to the Howard line in 1824, with the attainder being reversed, but the title of Viscount was extinct as there were no male heirs. His widow, Mary, had her titles restored with the accession of James II, as a consolation for the failure to reverse the attainder on her husband, and she was created Countess of Stafford on 5 October 1688, at the same time her son was created Earl of Stafford.
Following the attainder and executions of Sir Henry Grey, 3rd Marquess of Dorset and his daughter Lady Jane Grey, Queen Mary granted the Bonville estates to Sir William Petre, her principal Secretary of State.
"Lander, J.R., 'Attainder and Forfeiture, 1453 to 1509' The Historical Journal, Vol. 4, No. 2 (1961), p. 141 Ultimately, says Horrox, "even if James senior survived, the family had been extinguished as a force.
Under the Hori clan, the castle town was developed and expanded, and new industries were promoted. In 1642, his grandson, Hori Naosada died at age 7 without heir, and the domain came under attainder.
His two sisters would have been his co-heiresses but for the attainder; one of them, Bridget, married Sir Roland Egerton, 1st Baronet and they were ancestors of the recipient of the second creation below.
332-3 George Lumley's father, Thomas, had the attainder reversed and was raised to the peerage in 1461 by his cousin, Edward IV. George Lumley succeeded to the barony upon his father's death in 1485.
His support for the house of York resulted in his being attainted with many others by the Lancastrian Henry VI in 1460, when the earl of Warwick ordered him to surrender Montgomery castle. All his hereditary titles were abolished by this attainder, bringing an end to this creation of the Earldom of Tankerville. The attainder would also have abolished the title of Baron of Powis.Bernard Burke, A genealogical history of the dormant, abeyant, forfeited, and extinct peerages of the British Empire, London, 1866, p.
Roach, 2002 p 570 The public demanded that the courts apologize, and a written apology was issued on March 18, 1702. In July 1703, an address was made to the General Court requesting the petitions from the families be granted. Finally, action was taken to obtain the reversal of attainder for Elizabeth. The Massachusetts House of Representatives passed a bill that year formally disallowing spectral evidence, but reversing attainder only for those who had filed petitions, which applied only to John and Elizabeth Proctor, and Rebecca Nurse.
A number of cases which raised the bill of attainder issue did not reach or have not reached the Supreme Court, but were considered by lower courts. In 1990, in the wake of the Exxon Valdez oil spill, Congress enacted the Oil Pollution Act to consolidate various oil spill and oil pollution statutes into a single unified law, and to provide for a statutory regime for handling oil spill cleanup. This law was challenged as a bill of attainder by the shipping division of ExxonMobil.SeaRiver Maritime Fin.
On the death of his father on 9 June 1511, Henry succeeded to his father's Earldom of 1511, in accordance with the patent. But in 1512 he also succeeded to his grandfather's earldom of 1485, having obtained from Parliament in December 1512 a (more formal)Cokayne, The Complete Peerage, new edition, Vol. IV, p.330, which does not however clarify why the reversal of the attainder received on 9 May 1511 needed to be repeated in December 1512 reversal of his father's 1504 attainder.
Edmund Brindholme (Brindholm or Bryndeholme) (died 1540) was an English Catholic priest, executed under an act of attainder on a charge of involvement in a plot to betray Calais, then an English possession, to the French.
The second baron of this creation became Earl of March in 1354 upon the reversal of the attainder. The two titles then merged. The barony either merged in crown in 1461 or became extinct in 1425.
United States v. Lovett, Justice Frankfurter, joined by Justice Reed, concurred in the result. However, he took issue with the Court's characterization of the provision as a bill of attainder and, citing the principle of constitutional avoidance, avoided ruling the provision unconstitutional by concluding that while Kerr's provision "prevented the ordinary disbursal of money to pay respondents' salaries", "[it] did not cut off the obligation of the Government to pay for services rendered".United States v. Lovett, (Frankfurter, J., concurring) To define what a bill of attainder was for purpose of American law, the Court looked back to Cummings v. Missouri (1867) and Ex Parte Garland (1866). Lovett was the first time since the Reconstruction era that the Supreme Court reexamined its Bill of Attainder jurisprudence, although state and lower federal courts had confronted the issue at various points since.
'" Thus, the plaintiffs' "equal protection argument fails on the merits." As to the bill of attainder claim, the Court noted that bills of attainder are "legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial." The "bill of attainder concept of punishment ... does not include 'every Act of Congress or the States that legislatively burdens some persons or groups but not all other plausible individuals.'" The harm the plaintiffs claimed "is not punishment in the functional sense because it serves the nonpunitive purpose of steering heterosexual procreation into marriage, a purpose that negates any suspicion that the supporters of [the initiative] were motivated solely by a desire to punish disadvantaged groups.
Holdings, Inc. v. Pena, 952 F.Supp. 9, D.D.C. 199.Carringan, Alison C. "The Bill of Attainder Clause: A New Weapon to Challenge the Oil Pollution Act of 1990", Boston College Environmental Affairs Law Review 28:119 (2000).
At his trial in March 1641, Strafford was indicted on 28 counts of 'arbitrary and tyrannical government'. Even if these charges were proved, it was not clear they constituted a crime against the king, the legal definition of treason. If he went free, his opponents would replace him in the Tower, and so Pym immediately moved a Bill of Attainder, asserting Strafford's guilt and ordering his execution. Although Charles announced he would not sign the attainder, on 21 April, 204 MPs voted in favour, 59 against, while 250 abstained.
Under Henry VII, the attainders of Sir Robert Welles and his father, as well as the attainder of Sir Robert Welles' uncle of the half blood, John Welles, were all reversed by the Parliament of 1485/6. John Welles was still living, and with the reversal of his attainder became Lord Welles. Sir Richard Hastings was thus no longer recognized as Lord Welles. In compensation, however, it was enacted in the same year that Hastings should be entitled, for life, to all the lands which had belonged to Joan Welles' father.
Douds, , in which the court held 5-to-1 that the oath did not violate the First Amendment, was not an ex post facto law or bill of attainder in violation of Article One, Section 10, and was not a "test oath" in violation of Article Six. The issue again came before the court in Garner v. Board of Public Works, , in which the court unanimously held that a municipal loyalty oath was not an ex post facto law or bill of attainder. It came before the court yet a third time in Wieman v.
In United States v. Lovett, 328 U.S. 303 (1946), the Court confronted a federal law that named three people as subversive and excluded them from federal employment. Previously, the Court had held that lack of judicial trial and the narrow way in which the law rationally achieved its goals were the only tests of a bill of attainder. But the Lovett Court said that a bill of attainder 1) specifically identified the people to be punished; 2) imposed punishment; and 3) did so without benefit of judicial trial.
The titles of Viscount Clare and Baron Moyarta were conferred on Daniel O'Brien, a younger son of Connor O'Brien, 3rd Earl of Thomond, on 11 July 1662. These titles were forfeit by the attainder of the third Viscount in 1691. However, the title continued to be used by his descendants in France. In 1741 the titular sixth Viscount Clare also succeeded as heir-male to the Earls of Thomond, and assumed that title as well, though because of his grandfather's attainder the succession was not recognised in Ireland.
Some years after Edmund's death, Queen Elizabeth I reversed the attainder on his eldest son Piers, who was granted ancestral lands in Roscrea, County Tipperary. Both Piers and his brother James were executed at Thurles by their uncle Earl Thomas during another rebellion in 1596. In 1602, Elizabeth also reversed the attainder on his last remaining legitimate son Theobald, who became the 1st Viscount of Tulleophelim and Governor of County Carlow. He was also survived by an illegitimate son Thomas who was made a Baronet of Cloughrenan by King Charles I in 1628.
Brackenbury's attainder was partly reversed in 1489 in favour of his sisters and bastard son, allowing them to recover the family lands but not the new grants from Richard III. Ralph, his nephew and heir male inherited Saleby.
Sir James Carnegie of Pittarrow, 3rd Baronet (1716 – 30 April 1765) was a Scottish politician, soldier and (but for the attainder) 6th Earl of Southesk, 6th Baron Carnegie of Kinnaird and 6th Baron Carnegie, of Kinnaird and Leuchars.
On Somerset's attainder it was granted to William Herbert, 1st Earl of Pembroke. The present Horton parish church, St Olfrida, was built on the site of the priory in the 18th century. No traces of the original priory remain.
Around 1472, Whittingham's daughter Margaret married John Verney, son of a Lord Mayor of London Sir Ralph de Verney. Because of the king's favour for Verney, he lifted the attainder on Whittingham and Pendley Manor land passed to the Verney family.
While the 15th Lord de jure, he was the 17th Lord Lovat de facto, but for the attainder of his Jacobite ancestor who was executed in 1747. He was also 4th Baron Lovat in the Peerage of the United Kingdom.
Alexander Boyd, uncle and heir, and, but for the attainder of 1649, Lord Boyd (he does not appear to have been recognised as such), being second son of Robert 1st Lord Boyd.Cokayne notes that it is wrongly stated, by old writers, that Alexander Boyd was beheaded at the time of his father's attainder in 1469. He became head of the family on the death of his 15-year- old nephew James, 2nd Lord Boyd in 1484. He was Chamberlain of Kilmarnock before 2 August 1488 and a witness to the sasine of Queen Margaret to the Lordship of Kilmarnock on 19 April 1504.
John Courtenay is said to have been originally intended for a career in the church.. He was knighted by his brother, Thomas Courtenay, 6th/14th Earl of Devon, after the Battle of Wakefield. After the Battle of Mortimer's Cross, the future King Edward IV of England marched and took the capital from the Lancastrians. Parliament voted an attainder on his opposition, and John declared a traitor. The effect of the attainder was to terminate the Barony of Okehampton (creation 1299), so that the Earldom inherited from the Redvers family was in abeyance, passing laterally to the descendants of Courtenay's sisters .
In relation to Polyukhovich's contention that the Act purported to usurp the judicial power of the Chapter III courts, the court held by a majority of 4 to 2 (Brennan J not deciding) that the statute did not invalidly usurp the judicial power of the Commonwealth. While the majority all accepted that a bill of attainder would offend the Commonwealth separation of powers, the fact that a law operated ex post facto did not automatically make the law a bill of attainder. In addition, an ex post facto law of the kind under consideration was not a usurpation of judicial power.
Over the next few years, he continued to slowly move into the Whig orbit, and was made a Privy Counsellor in 1695. The attainder of Sir John Fenwick in 1697 placed Bertie under severe political strain. Most of the Bertie family opposed the attainder; while it is unclear exactly what role Peregrine took, his conduct was sufficiently lukewarm to earn the severe displeasure of King William. His office as Vice-Chamberlain was saved through the intercession of Sunderland, the Chamberlain, but the incident appears to have stimulated him to complete his transition from Tory to Whig.
Margaret would have had a claim to the Earldom of Warwick, but the earldom was forfeited on the attainder of her brother Edward.ODNB. Margaret's mother died when she was three, and her father had two servants killed whom he thought had poisoned her. George plotted against Edward IV, and was attainted and executed for treason; his lands and titles were forfeited. Edward IV died when Margaret was ten, and her uncle Richard, Duke of Gloucester, declared that Edward's marriage was invalid, his children illegitimate, and that Margaret and her brother Edward were debarred from the throne by their father's attainder.
Part III of the act limited the number of peremptory challenges to jurors that a defendant could make; after the limit was reached, any subsequent challenges were to be disregarded. Part IV of the act restricted the plea of autrefois convict - "no Plea setting forth any Attainder shall be pleaded in bar of any Indictment unless the Attainder be for the same Offence as that charged in the Indictment." Part V prevented the jury from making any enquiries into the assets of the prisoner on a charge of felony - if the prisoner were convicted, these assets would be confiscated.
Corruption of blood is one of the consequences of attainder. The descendants of an attainted person could not inherit either from the attainted person (whose property had been forfeited by the attainder) or from their other relatives through him. For example, if a person is executed for a crime leaving innocent children, the property of the criminal is forfeited to the crown and will not pass to the children. When the criminal's innocent father outlives his son, the property inherited by the criminal from the father cannot be inherited by the criminal's children either: it will be distributed among other family members.
Richard III died at the Battle of Bosworth on 22 August 1485, and under the new regime of Henry VII, the attainders of Joan Welles' father and brother, as well as the attainder of her uncle, John Welles, were all reversed by the Parliament of 1485/6. John Welles was still living, and with the reversal of his attainder became Lord Welles. Sir Richard Hastings was thus no longer recognized as Lord Welles. In compensation, however, it was enacted in the same year that Hastings should be entitled, for life, to all the lands which had belonged to Joan Welles' father.
As a result, Puritan opponents of Strafford launched a bill of attainder against Strafford in the House of Commons; in the wake of a revolt by the army, which had not been paid in months, the House of Lords also passed the bill of attainder. Charles, worried that the army would revolt further if they were not paid, and that the army would never be paid until Parliament granted funds, and that Parliament would not grant funds without Strafford's death, signed the bill of attainder in May 1641. Strafford was executed before a crowd of 200,000 on 12 May 1641. The Puritans took advantage of Parliament's and the public's mood and organized the Root and Branch Petition, so called because it called for the abolition of episcopacy "root and branch". The Root and Branch Petition signed by 15,000 Londoners was presented to Parliament by a crowd of 1,500 on 11 December 1640.
As all three prongs of the bill of attainder test were met in Lovett, the court held that a congressional statute that bars particular individuals from government employment qualifies as punishment prohibited by the bill of attainder clause. The Taft–Hartley Act (enacted in 1947) sought to ban political strikes by Communist-dominated labour unions by requiring all elected labour leaders to take an oath that they were not and had never been members of the Communist Party USA, and that they did not advocate violent overthrow of the U.S. government. It also made it a crime for members of the Communist Party to serve on executive boards of labour unions. In American Communications Association v. Douds, 339 U.S. 382 (1950), the Supreme Court had said that the requirement for the oath was not a bill of attainder because: 1) anyone could avoid punishment by disavowing the Communist Party, and 2) it focused on a future act (overthrow of the government) and not a past one.
A partial confession having been extracted by torture, the sentence was thus imposed by attainder and without benefit of clergy. A contemporary chronicle reports the following:(S.H. Burke), The Men and Women of the English Reformation (R. Washbourne, London 1870), p. 240 (Google).
No amount, however, was specified, only a prior reference to a royal pension granted him for his "attachment to his majesty's government" that only reached 200 pounds by 1782, a minute fraction of the over 220,000 pound loss he had suffered via attainder.
However, in 1538 he was tried, convicted, attainted and beheaded by the same king for conspiring with the Poles and Nevilles against the government of Thomas Cromwell in the aftermath of the Pilgrimage of Grace. All his titles were forfeited by his attainder..
This he is said to have surrendered on an assurance that Edward designed it for some public charity. He received the manor of Basettes Fee, and St Leonard's Forest and manor at Horsham, Sussex, from the attainder of the Duke of Norfolk.
This placed the domain in grave danger of attainder, as without having been formally acknowledged, the clan could not maintain the succession through a posthumous adoption. The clan therefore kept Masazumi's death a secret, and renamed his younger brother to take his place.
United States v. Lovett, 328 U.S. 303 (1946), was a United States Supreme Court case in which the Court held that Congress may not forbid the payment of a salary to a specific individual, as it would constitute an unconstitutional bill of attainder.
Following the failure of the negotiations at Uxbridge, Northumberland was thoroughly behind the war party, now known as the Independents. In spite of Northumberland's political conversion, he did not vote in favour of the bill of attainder against his old patron, Archbishop Laud.
The first creation was for John Neville, younger brother of the Kingmaker. John Neville was summoned to parliament on 23 May 1461. He was created Marquess of Montagu in 1470. At his death in 1471, both titles became forfeit under his attainder.
In 1681, he was called upon to send his forces to Takada Domain in Echigo Province to enforce the attainder of that domain. He died in 1706 at the age of 58. His wife was a daughter of Nakagawa Hisakiyo of Oka Domain.
He was taken prisoner at the Battle of Culloden in 1746 and was convicted and executed for treason. The baronetcy was then forfeited, a process known as attainder. His eldest son was also at the Battle of Culloden but survived and fled to Jamaica.
On 24 May 1692, he obtained a reversal of his brother's attainder and also succeeded as Baron Hamilton of Strabane, becoming the 6th holder of that title. In that capacity he took his seat in the Irish House of Lords on 31 August 1695.
Sir David Carnegie of Pitarrow, 4th Baronet FRS FRSE (22 November 1753 – 25 May 1805) was a Scottish politician and (but for the attainder of the 5th Earl) 7th Earl of Southesk, 7th Baron Carnegie of Kinnaird and 7th Baron Carnegie, of Kinnaird and Leuchars.
George William Stafford-Jerningham, 8th Baron Stafford (27 April 1771 – 4 October 1851), known as Sir George William Jerningham, 7th Baronet from 1809 to 1824, was a British peer who, in 1824, successfully obtained a reversal of the attainder of the barony of Stafford.
Then Heigham, being chosen Speaker, "in an excellent oration, comparing the body politic to the body natural, introduced the three usual petitions, for freedom of speech, etc., and was accepted." He presided over very weighty affairs. Cardinal Pole, his attainder reversed, spoke before both houses.
The Sergeant at Arms escorted Bennett out of the chamber. Deputy Speaker Edna Madzongwe ejected Nelson Chamisa and Willias Madzimure for their involvement in the fight. The Crisis in Zimbabwe Coalition condemned the actions of Bennett and Chinamasa. A bill of attainder was then passed.
He never had, however, the chance of succeeding in any of these titles, nominately to the Barony Cobham, since the attainder that had fallen on Henry Brooke, 11th Baron Cobham in 1603, though finally removed in September 1916, was only lifted after his own death.
They named as defendants Nebraska Attorney General Jon Bruning and Governor of Nebraska Mike Johanns. They requested a declaratory judgment declaring that Initiative Measure 416 violates Equal Protection and is a bill of attainder and sought an injunction prohibiting Nebraska from enforcing the measure.
Thomas Hungerford (d.1397) bought a 114-acre estate at Teffont Evias in 1377–8. The estate continued in the Hungerford family but after the attainder in 1461 of Robert Hungerford, 3rd Baron Hungerford it was granted to Richard, Duke of Gloucester, later Richard III. The attainder was reversed in 1485 and the manor was restored to Walter Hungerford of Farleigh (d.1516). His grandson Walter, later 1st Baron Hungerford of Heytesbury, inherited in 1522 but in 1540 he was attainted by act of parliament and executed for treason, sorcery, and offences forbidden by the Buggery Act 1533, with his estate forfeited to the Crown.
He was a Liberal politician and served as Lord-Lieutenant of Ireland between 1880 and 1882. In 1871 managed to obtain a reversal of the attainder of the Scottish Lordship of Dingwall, which had been under attainder since 1715, and became the 4th Lord Dingwall as well. Lord Cowper was childless and on his death in 1905 the baronetcy of Ratling Court, the barony of Cowper, the viscountcy, the earldom and the Princely title became extinct. He was succeeded in the barony of Lucas of Crudwell and the lordship of Dingwall by his nephew; see Baron Lucas and Lord Dingwall for further history of these titles.
These included requests from eleven ministers to reconsider the convictions and restore the good names of the citizens.Roach, 2002 p 567-568 The Massachusetts House of Representatives finally passed a bill disallowing spectral evidence. However, they only gave a reversal of attainder only for those who had filed petitions. In 1705 another petition was filed requesting a more equitable settlement for those wrongly accused. In May 1709, 22 people who had been convicted of witchcraft, or whose parents had been convicted of witchcraft, presented the General Court with a petition to take action on the 1705 proposal demanding both a reversal of attainder and compensation for financial losses.
Lovett, 328 U.S. 303 (1946), thereafter adopted by a majority of the Court."Beyond Process: A Substantive Rationale for the Bill of Attainder Clause," Virginia Law Review, April 1984, p. 484. Frankfurter and a majority of the Court believed that the framers of the Constitution were not concerned as much with unfairness as they were with specification of the offense, the legislative (rather than judicial) determination of guilt, and retribution for past acts. Douds stands firmly in this analysis, which found favor with the Court until 1965."Beyond Process: A Substantive Rationale for the Bill of Attainder Clause," Virginia Law Review, April 1984, p. 485.
The Brown Court said that general legislation which required regulatory rulemaking did not specify individuals well enough to make the law a bill of attainder.Welsh, "The Bill of Attainder Clause: An Unqualified Guarantee of Process," Brooklyn Law Review, Fall 1983, p. 98. That regulatory action was needed under Section 9(h) but not under Section 504 saved Section 9(h). The Court implied that its Equal Protection analysis would be applied in cases where punishment was meted out under regulatory procedures, and that due process and equal protection would guarantee rights in these situations.Welsh, "The Bill of Attainder Clause: An Unqualified Guarantee of Process," Brooklyn Law Review, Fall 1983, p. 99.
His main place of concealment was a cave among the cliffs approximately 2.5 miles from Rosehearty, and disguised himself as a beggar. His estates were seized in 1748, but in the act of attainder he was named Lord Pitsligo, a misnomer for Lord Forbes of Pitsligo. On this account he tried to obtain a reversal of the attainder, but though the court of session gave judgment in his favour 10 November 1749, this decision was reversed on appeal to the House of Lords 1 February 1750. After this the search for him relaxed, and he stayed for the most part with his son at Auchiries, under the name of Mr. Brown.
The title of Lord Balmerino (or Balmerinoch) was a title in the Peerage of Scotland; it was created in 1606 and forfeited in 1746 on the attainder and execution of the 6th Lord Balmerino in the Tower of London. The title of Lord Coupar or Cupar was a title in the Peerage of Scotland; it was created on 20 December 1607 for James Elphinstone, second son of the 1st Lord Balmerino. The 3rd Lord Balmerino succeeded his uncle in the lordship of Coupar in 1669. From his succession to the lordship of Coupar in 1669 to the attainder and forfeiture in 1746, both lordships were merged.
William Henry Drummond, 7th Viscount Strathallan (5 March 1810 – 23 January 1886), styled the Master of Strathallan from 1826 to 1851, was a Scottish Conservative politician. Because of the history of the viscountcy of Strathallan (attainder 1746, reversed 1824) he is also considered the de jure 9th Viscount Strathallan. Strathallan was the son of James Drummond, 6th Viscount Strathallan, and his wife Lady Amelia Sophia, daughter of John Murray, 4th Duke of Atholl. He gained the courtesy title of Master of Strathallan when his father had the attainder of the viscountcy of Strathallan reversed in 1826 and succeeded in the viscountcy on his father's death in 1851.
Having been Commissioner for wine licences in 1690–91, he soon afterwards advocated a general tax on the imports of French red wines. He voted for the attainder of Sir John Fenwick in 1696.'Machell, John (1637–1704)', in History of Parliament 1660–1690 and 1690–1715.
Adamson and Folland, p. 230 The talks, which lasted from late January through most of February 1645, were overshadowed by the execution after impeachment by attainder of Archbishop Laud.Ireland, pp. 246–248 John Lilburne advocated for expanded civil rights, and was a vocal critic of Vane.
When the bill of attainder was passed and Archbishop William Laud was sentenced to death, some suggested Laud would have been better off had he converted to Catholicism and escaped to Rome (as Rossetti had urged) rather than staying to fight for which he was executed.
The Court, in a decision authored by Justice Hugo Black, ruled unanimously to uphold the decision of the Court of Claims, finding that Kerr's provision was an unconstitutional "bill of pains and penalties" (forbidden under the Bill of Attainder Clause of Article One of the Constitution).
Parliament took up the issue and eventually passed a bill of attainder under which he was beheaded, aged 71, on 10 January 1645 on Tower Hill, notwithstanding being granted a royal pardon. Laud was buried in the chapel of St John's College, Oxford, his alma mater.
The title was able to pass through the female line and in 1871, the attainder was reversed for the great-great-great-great-grand-nephew of the second duke, the 7th Earl Cowper. Lord Cowper died without heirs, however, and the title has been abeyant since 1905.
He united the Tiverton and Powderham lines of the family, having married Elizabeth Courtenay, a daughter of a younger son of the Powderham line. He died 28 May 1509, when the earldom was forfeited by the attainder in 1504 of his son and heir, William Courtenay (d.1511).
During the reign of James I, the earldom was claimed by Edward Neville, a descendant of George Neville, 1st Baron Latymer. Though the claimant was recognised as the heir-male of the first Earl of Westmorland, his claim was not admitted due to the attainder. Fane shield in Fulbeck.
Hugh was summoned to Parliament as Baron le Despenser in 1338, while the attainder of his father and grandfather were still in force. He died without issue in 1349. His heir was his nephew, Edward Despenser, who was created Baron le Despenser of a new creation in 1357.
In 1328, the attainder was reversed for his heir, Giles de Badlesmere, his only son. On the death of the 2nd Baron in 1338, however, the barony became abeyant between his sisters. The eldest line of these follows the same line as that of the Baron de Ros.
Today, we are one step from violating the constitution and passing a bill of attainder. No one can stop us if we do not stop ourselves. This is not justice – political or legal. This is certainly not law, for sure it is not the law of the constitution.
This was accomplished by 10,000 koku of new rice land developed, and 20,000 koku of revenues from Kaga Domain. The physical holdings of the domain did not change. After the death of its 12th daimyō, Maeda Toshinori in 1855 without heir, the domain came under threat of attainder.
He took sanctuary in the chapel royal of St. Martins-le-Grand, where he remained in custody of the king's valet until after the First Battle of St Albans on 22 May 1455, but obtained his release and the reversal of his outlawry and attainder on 9 July. He was again attainted in November 1459 as a fautor and abettor of the recent Yorkist insurrection; but on the accession of Edward IV of England the attainder was treated as null and void. He died in London in November 1460, and was buried in St Michael Paternoster Royal. Besides his Norfolk estates Oldhall held (by purchase) the manors of Eastwich and Hunsdon, Hertfordshire.
It was then granted to the Earls of Salisbury until it was confiscated by an Act of Attainder against John Montagu, 3rd Earl of Salisbury. Henry IV of England then granted it to George Plantagenet, 1st Duke of Clarence before it was returned to the Crown following an act of attainder. In 1472, King Edward IV of England gave Thorley to Anthony Woodville, 2nd Earl Rivers for six years as compensation for harm done to his family by the Duke of Clarence. Queen Elizabeth I then granted the parish out to a local farmer in exchange for annual rent, the farmer's daughter then sold it to Sir Robert Holmes, Governor of the Isle of Wight.
They had one son, Robert Dalzell (1738 – 29 July 1788) who was father of Lieutenant General Robert Alexander Dalzell, who was to have the attainder reversed in his favour.Debrett's Peerage of Great Britain and Ireland (1840), London: William Pickering Lord Carnwath fought in the Battle of Preston on 14 November 1715, for the Jacobites, and was taken prisoner. For his role in the rebellion, the Hanoverian government passed a Writ of Attainder for treason against Lord Carnwath in 1716 as punishment for his part in the rebellion, sentencing him to death, with his peerages and baronetcy attainted at that time. His execution was first delayed, then in 1717 remitted by virtue of the Indemnity Act.
In 1965, in United States v. Brown, 381 U.S. 437 (1965), the Supreme Court essentially overturned Douds by holding that the Taft-Hartley Act's oath constituted a bill of attainder, but did not formally do so.Rabinowitz, Unrepentant Leftist: A Lawyer's Memoir, 1996, p. 56. Two years later, in United States v.
ODNBO, "Robert of Lewes (d. 1166)", by Frances Ramsey; John Collinson, The History and Antiquities of the County of Somerset, 3 volumes (Bath, U.K.: 1791) 1:189 ; J. Armitage Robinson, Somerset Historical Essays, (London, U.K.: 1921), p. 63. After Somerset's fall and attainder in 1551, the land reverted to the crown.
Calendar of State Papers Scotland, vol. 1 (1898), 290. On 8 October 1573 at Edinburgh, a Tack was made to Jean of the lands and barony of Morham which had originally belonged to her mother, and had been forfeited to the Crown subsequent to her brother Bothwell's attainder for treason.
In order to avoid the possibility of attainder, the fact of his death was kept secret from the authorities and it was officially announced that he had retired in favor of his younger brother. He had no official wife. His grave is at the temple of Chuon-ji in Iiyama.
The Manor of Meldon was anciently held by the Fenwick family from whom it passed by marriage to the Radclyffes.History, Topography and Directory of Northumberland William Whellan (1855) James Radclyffe, 3rd Earl of Derwentwater lost the estate to the Crown following his attainder for treason in the 1715 Jacobite rising.
The Correspondence with James the Pretender (High Treason) Act 1701 (13 & 14 Will. III, c. 3) was an Act of Parliament of the Parliament of England passed in 1701. The long title of the Act is "An Act for the Attainder of the pretended Prince of Wales of High Treason".
George Lumley, 3rd Baron Lumley (1445-1509) was an English nobleman and soldier. Depending on the source, he may be referred to as either the 2nd Baron Lumley (of the second creation) or the 3rd Baron Lumley (of the first creation), due to the attainder of his ancestor Ralph Lumley.
SBC Communications, Inc. v. FCC, 154 F.3d 226 (5th Cir. 1998), was a case decided by the United States Court of Appeals for the Fifth Circuit that upheld §§ 271-275 of the Telecommunications Act of 1996 as constitutional against a challenge that the provisions acted as a bill of attainder.
Attainders by confession, verdict and process were abolished in the United Kingdom by the Forfeiture Act 1870 (33 & 34 Vict., c.23). Section 9 of Article One of the United States Constitution provides that no bill of attainder or ex post facto law shall be passed by Congress.U.S. Constitution, Art.
Sir John Fenwick was convicted on a bill of attainder, and executed on 28 January 1697. Robert Cassels, Robert Meldrum, James Counter, James Chambers, Robert Blackbourn, and Major John Bernardi were detained without trial; other than Counter, none were released, the last survivor, Bernardi, dying in 1736 while still in Newgate.
Fédon was named in the September Act of Attainder which declared the insurgents traitors. The British officially extinguished the revolution on 19 June 1796 and thereafter the Fédon estates were confiscated. Rumors surfaced that Fédon had escaped to Cuba, but record of Cavelan after 8 April 1795 has not been found.
Although the unions had held the Act was a bill of attainder under United States v. Lovett, 328 U.S. 303 (1946); Ex parte Garland, 71 U.S. 333 (1867); and Cummings v. Missouri, 71 U.S. 277 (1867), Vinson observed that these cases punished past actions whereas Section 9(h) punished only future conduct.
The second Baronet assumed the surname of Primrose. He took part in the Jacobite rising of 1745, was attainted, condemned to death for treason and executed at Carlisle. The baronetcy was forfeited. From 1825 to 2006 the baronet of Colinton (see above) was also the baronet of Ravelstoun but for the attainder.
By 1704 he had joined the Portuguese army, where he served as a lieutenant general. Through this service he was reconciled to the British Crown; in 1709, his attainder was reversed by the House of Lords. In 1713 he received a royal patent from Queen Anne naming him The 1st Viscount Longford.
After Wolsey's attainder and fall, the priory site and its possessions were granted to Thomas, Duke of Norfolk in 1532.Page, 'Priory of Snape', V.C.H..W. Filmer-Sankey, 'The Dissolution Survey of Snape Priory', Proceedings of the Suffolk Institute of Archaeology and History, XXXV Part 3 (1983), pp. 213-21 (Society's pdf).
Updegraff, . This time, the outcome was radically different. The Supreme Court unanimously ruled that a state loyalty oath legislation violated the due process clause of the Fourteenth Amendment. In 1965, the Supreme Court held 5-to-4 that the anti-communist oath was, in fact, a bill of attainder in United States v.
David Drummond John David Drummond, 17th Earl of Perth PC (13 May 1907 – 25 November 2002), styled Viscount Strathallan from 1937 to 1951, was a Scottish peer, banker and politician. Because of the history of the earldom of Perth (attainder 1715, reversed 1853), he is sometimes considered the 8th Earl of Perth.
Kimball, p. 67 At this point, Dudley's enemies from New York and Massachusetts joined forces to deny him the opportunity. Jacob Leisler's son was in London attempting to have the attainder reversed against his father's estate. A bill was introduced into Parliament to accomplish this, with assistance from Massachusetts agent Constantine Phips.
An Act of Attainder confiscating his property was passed as 38 Geo. 3 c. 77, but was eventually repealed in 1819. The weapon used by Lord Edward to attack Captains Swan and Ryan while trying to escape arrest was later stolen from Major Swan's house by Emma Lucretia Dobbin, the daughter of Rev.
The Salem Witch Crisis, p. 182 Westport, CT: Praeger, 1992 Her death warrant was signed by William Stoughton. Elizabeth, like her aunt, managed to escape the gallows due to the intervention of Governor Phips. Faulkner's sister, Elizabeth Johnson Sr., was acquitted and released in January 1693, but her attainder was never reversed.
Although the resolutions were later nullified in a federal court ruling that the measure was an unconstitutional bill of attainder, on August 13, 2010, a federal appeals court upheld the congressional act that cut off federal funding for ACORN.Hays, Tom. Federal appeals court in NY rules against ACORN. Associated Press, August 13, 2010.
Impeachment was a relatively rare process of prosecuting those in high public office. Previous figures who had faced such trials included the Duke of Buckingham, a favourite of James I, and the Earl of Strafford, whose impeachment failed (but was followed up by a legislative bill of attainder that resulted in Strafford's execution).
A bill of attainder is a law by which a person is immediately convicted without trial. An ex post facto law is a law which applies retroactively, punishing someone for an act that was only made criminal after it was done. The ex post facto clause does not apply to civil matters.Calder v.
Sections 271-275 of the Telecommunications Act of 1996 place limitations on the entrance of the Regional Bell Operating Companies (RBOCs) into the in-region long-distance service market.SBC Communications,, 154 F.3d at 232. SBC Communications challenged these provisions as a bill of attainder that singled out the RBOCs for punishment.
For instance, Paul Murray Kendall, Richard III. Despite the accusations of treason, Richard did not issue an attainder against Hastings and his family. Hence, his wife and sons were allowed to inherit his lands and properties. Hastings was buried in the north aisle of St George's Chapel, Windsor, next to Edward IV.
Raoul Berger, Impeachment: The Constitutional Problems p. 132 (1974, Harvard University Press) After the reign of Edward IV, impeachment fell into disuse, the bill of attainder becoming the preferred form of dealing with undesirable subjects of the Crown. However, during the reign of James I and thereafter, impeachments became more popular, as they did not require the assent of the sovereign, while bills of attainder did, thus allowing parliament to resist royal attempts to dominate parliament. The most recent cases of impeachment were of Warren Hastings, Governor-General of India between 1773 and 1786 (impeached in 1788; found not guilty by the Lords in 1795), and Henry Dundas, 1st Viscount Melville, First Lord of the Admiralty, in 1806 (also acquitted).
The representation of the three Baronies of le Despencer fell into abeyance between Anne's cousin George Nevill, 4th Baron Bergavenny and aunt, Anne de Beauchamp, 16th Countess of Warwick. On the attainder and execution of Margaret Pole, Countess of Salisbury on 28 May 1541 any claim to the three Baronies by the descendants of the 16th Countess of Warwick, lapsed and the sole representation lay with the Barons of Bergavenny. The attainder of Thomas, 2nd Baron le Despenser, was reversed in 1461 but the abeyancies continued until 25 May 1604, when the abeyancy of the 1295 Barony of le Despencer was terminated in favor of Mary Nevill. Mary married Sir Thomas Fane, son of George Fane, on 12 December 1574.
The Attainder of Earl of Kellie and others Act 1746 (19 & 20 Geo.II c. 26) was a parliamentary response to the failed Jacobite rising of 1745. By this Act, the Earl of Kellie and others numbering upwards of three dozen who did not surrender themselves by 12 July 1746 were attainted of high treason.
Madison reworked it and had another delegate introduce it, likely Edmund Randolph, and it passed. Mason's draft called for a ban on bills of attainder. Henry got it removed by telling the delegates that some high offender might be reached by no other means. The convention approved the Declaration of Rights on June 12.
Parliament watched Charles' ministers closely for any signs of defiance, and was ready to use the impeachment procedure to remove offenders and even to pass bills of attainder to execute them without a trial.Tim Harris, Restoration: Charles II and his Kingdom 1660–1685 (2003), pp 43–51. Religious issues proved the most difficult to resolve.
See also the Seton Baronetcy of Pitmedden below. The Seton Baronetcy, of Garleton in the County of Haddington, was created in the Baronetage of Nova Scotia on 9 December 1664 for John Seton. On the death of the second Baronet in c. 1720 the heir was under attainder and the title was consequently forfeited.
Neville's father was slain fighting for the Lancastrians at the Battle of Towton on 29 March 1461, and attainted on 4 November of that year. On 6 October 1472 Ralph Neville obtained the reversal of his father's attainder and the restoration of the greater part of his estates, and thereby became Lord Neville (1459 creation).
Richard II rewarded those who had supported him against Gloucester and the Lords Appellant with a plethora of new titles. Upon the usurpation and accession of King Henry IV in 1399, many of those titles were placed under attainder, due to the complicity of their holders in the murder of the Duke of Gloucester.
He and Cotton were charged with improving laws related to the post office. He voted for the attainder of Sir John Fenwick on 25 November 1696. On the death of his father on 2 August 1697, he succeeded to the baronetcy. At the 1698 English general election he was returned again as MP for Thirsk.
By AD 1004 St Frideswide's Minster in Oxford held two hides of land at Cutteslowe. St Frideswide's became an Augustinian Priory, which continued to hold Cutteslowe until it was suppressed in 1525. It then passed to Cardinal Wolsey's Cardinal's College until Wolsey's downfall and attainder in 1529. Cardinal's College became King Henry VIII's College until 1545.
She died in 1659 at the age of 19 and it was widely suspected that she had been poisoned by her mother-in-law, Shoko-in (1620–1691). Tsunakatsu died in 1664 without heir and also under highly suspect circumstances. Normally, this would be cause for attainder of the domain. However, Hoshina Masayuki worked out a posthumous adoption.
1 described as Thomas FitzGerald's "principal counsellor in all his doings"Act for the Attainder of the Earl of Kildare was the son of Richard's cousin Walter, and James' parents and brothers were also said to be involved in the rebellion. Inevitably, Richard was removed from office both as Chief Justice and Chancellor of the Exchequer.
As deputy-lieutenant of Robert Devereux, Earl of Essex, he endeavoured in May 1640 to collect the "conduct-money" in that county, but found the task little to his liking. Cal. State Papers, Dom. Ser. p. 163. On 21 April 1641 he voted against the bill for the attainder of Thomas Wentworth, Earl of Strafford. Verney Papers, Camden Soc.
Convicted, Ann died in the Salem jail on December 3, 1692, aged around 75, after 21 weeks of imprisonment before the trials were discredited and ended. Her son, Abraham, later petitioned the authorities to clear her name ("remove the attainder") and reimburse the family for the expenses associated with her incarceration and burial; the petition is also posted here.
Burdett entered the English House of Commons in 1679, sitting for Warwickshire in the next both years. In 1689 he was elected for Lichfield, which he represented until his retirement in 1698.Cruickshanks, Handley and Hayton (2002), p. 411 In Parliament he spoke unsuccessfully against the attainder of Sir John Fenwick, 3rd Baronet, who was beheaded shortly afterwards.
He took an active part in the Wars of the Roses on the Yorkist side and was subsequently attainted in 1459 with the other leading Yorkists. The attainder was reversed in 1461, before his estates had been confiscated. He died in 1464. Sir Thomas left three sons (including William, the subject of this article) and six daughters.
Loftus clashed with the Lord Deputy of Ireland, Viscount Falkland, in 1624; and in the late 1630s his quarrel with Falkland's successor Thomas Wentworth, Earl of Strafford was even fiercer. One of the principal articles of Strafford's impeachment in 1641, which led to his attainder and execution for treason, was based on his alleged mistreatment of Loftus.
Hurtado v. California, as not providing "an indispensable test" of due process.Hurtado v. California, Another important pre-Civil War milestone in the history of due process was Daniel Webster's argument to the Supreme Court as counsel in Dartmouth College v. Woodward that the Due Process Clause forbids bills of attainder and various other types of bad legislation.Dartmouth College v.
The Corruption of Blood Act 1814 (54 Geo. 3 c. 145) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland which abolished corruption of blood for all crimes except high treason, petty treason and murder. Corruption of blood had until then been an automatic consequence of attainder for treason and felony.
III c. 4). His wife persevered in her attempts to save his life , but her efforts were fruitless, and Fenwick was beheaded in London on 28 January 1697, with the same formalities as were usually observed at the execution of a peer. He was the last person ever executed under an Act of Attainder. By his wife, Mary (d.
He gave up his plan, though, when parliament did not confirm his attainder,Loades 1996 p. 11 which led him to believe that he would be pardoned. However while in prison he declared a will.Will of Edmund Dudley, abstract in J.S. Brewer (ed.), Letter and Papers, Foreign and Domestic Henry VIII, I:1509–1514 (HMSO 1920), pp.
Ambrose Dudley, 3rd Earl of Warwick, Robert Dudley's elder brother After the Duke of Northumberland's attainder the entire Dudley inheritance had disappeared. His sons had to start from scratch in rebuilding the family fortunes, as they had renounced any rights to their father's former possessions or titles when their own attainders had been lifted in January 1558.
Edmund's third and youngest son Theobald was too young to be implicated in the rebellion. Black Tom now planned to have him, as his heir. He asked the Queen to revert his attainder, which she did. To avoid splitting his inheritance between his heir and his daughter, Black Tom planned to marry his daughter to Theobald.
Vincent Corbet, Leveson's uncle, who publicly endorsed his election to parliament. The funeral of Elizabeth I. Leveson was one of the six knights chosen to bear the canopy. Henry Brooke, 11th Baron Cobham. The aftermath of his attainder was one of the issues facing the 1604 parliament that involved Leveson, as a client of the Howards.
The first creation was for Simon de Montagu (d. 1316), who was summoned to parliament on 29 December 1299. The third baron was created Earl of Salisbury in 1337. On the death of the third earl, both titles became forfeit under attainder in 1400. Both titles were restored in 1421 for the heir, Thomas Montagu, 4th Earl of Salisbury.
Tsunamasa quickly proved to be a poor choice as daimyō. He was a cruel lord, subject to frequent fits of rage, going on rampages and even killing retainers. He also neglected his duties at Edo Castle. His retainers called on Masaaki to step back in; however, the shogunate acted first and threatened the attainder of Fukui Domain in 1686.
Although executed for treason, Bonville escaped attainder due to the victory a few weeks later of Edward of York—son of Richard of York—at the Battle of Towton on 29 March 1461. The Lancastrian army was destroyed: Queen Margaret escaped to Scotland, Henry went on the run in the north, and Edward claimed the throne as King Edward IV. Following the battle, the Earl of Devon was captured and beheaded at York. Edward IV's cousin and chancellor, Archbishop of York George Neville, later called Bonville a "strenuous cavalier", and the 1461 attainder of ex-King Henry referred to Bonville's "prowesse of knyghthode". In recognition of the contribution that Bonville and his family had made to the House of York, Edward granted Bonville's widow Elizabeth a large dower.
The last United Kingdom bill called a "Pains and Penalties Bill" was the Pains and Penalties Bill 1820 and was passed by the House of Lords in 1820, but not considered by the House of Commons; it sought to divorce Queen Caroline from King George IV and adjust her titles and property accordingly, on grounds of her alleged adultery, as did many private bills dealing with divorces of private persons. It has been reported that no bills of attainder have been passed since 1820 in the UK.Zechariah Chafee, Jr., Three Human Rights in the Constitution of 1787 at 97 (Univ. of Kans. Press, 1956) Attainder as such was also a legal consequence of convictions in courts of law, but this ceased to be a part of punishment in 1870.
Davies was born at the Château of St. Germain to Marie Elizabeth Luce de Longuemarre (died 1824) and Lord Leon Maurice Drummond de Melfort (1761–1826), the fourth son of James Drummond, 3rd Duke of Melfort in France. Her father's elder brother would have been thirteenth earl of Perth but for the attainder of his ancestor. Her brother George's claim to be heir male of the Earls of Perth was admitted by the House of Lords in 1848, and the attainder was reversed in his favour on 28 June 1853, and she herself was granted a patent of precedence as an earl's daughter on 30 September 1853. She was educated in Scotland under Miss Playfair, sister of Professor Playfair, and in the various changes of residence of her parents between France and England.
British Archaeological Association, Journal of the British Archaeological Association (1875) p. 357 Sharington confessed, blaming Seymour,'Confession of Sir William SHARINGTON, Vice-Treasurer of the Bristol Mint, 11 February 1548/49', in Richard Arthur Roberts & Montague Spencer Giuseppi, eds., Calendar of the manuscripts of the Most Honourable the Marquess of Salisbury (1883), p. 68 and suffered an attainder, forfeiting his landed estates and being ejected from his seat in parliament, while Seymour was beheaded.Wilbur Kitchener Jordan, 'The Case of Sir William Sharington' in his Edward VI: the young King; the protectorship of the Duke of Somerset (1968), pp. 382–385 The reason stated for Sharington's attainder was that he had coined testoons for personal gain.Ian W. Archer, Religion, politics, and society in sixteenth-century England (2003), note 19 on p.
The known history of which dates back to the 10th century. According to the Domesday Book in 1086, it had 26 burgesses. Shortly after this date, the manor of Buckingham was granted to Walter Giffard, 1st Earl of Buckingham. It was held by various families until it escheated to the Crown on the attainder of Edward Stafford, 3rd Duke of Buckingham in 1521.
Dane's granddaughter, Elizabeth Johnson Jr. in 1693. Those who were not executed were granted reprieves by Gov. William Phips, but the convictions remained on their records. In 1713, in response to petitions initiated in 1703 by Abigail Faulkner Sr. and Sarah Wardwell, Massachusetts Governor Joseph Dudley reversed the attainder on the names of those who were convicted in the episode.
In 1539 Petow was included in the Act of Attainder passed against Cardinal Pole and his friends (31 Hen. VIII, c. 5), but he was in Italy at the time and remained there out of the king's reach. On 30 March 1543, Pope Paul III nominated him Bishop of Salisbury, though he could not then obtain possession of his diocese.
Section 24 provided that "no conviction or judgment of any of the offences aforesaid, shall work corruption of blood, or any forfeiture of estate".Crimes Act of 1790, § 24, 1 Stat. 112, 117. This generalized the guarantee of Article Three that "no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted". art.
Neville, Clifford and most of their force were killed. The Battle of Towton the following day secured the English throne for the House of York. Neville was attainted on 4 November 1461 and his lands escheated to the crown, leaving his widow unprovided for. John's son and heir, Ralph Neville, obtained a reversal of the attainder on 6 October 1472.
Desmond's death shocked the nation: "slain by the swords of the wicked, or may I say a martyr" wrote one chronicler. Some accounts claim that Tiptoft also murdered two of Desmond's young sons, who were attending school in Drogheda. The Munster Geraldines invaded the Pale. Not wishing to see a similar uprising in Leinster, Edward revoked the attainder against both Kildare and Desmond.
He was kidnapped by Connecticut rebels on December 13, 1777, and placed on parole soon after. He was required to forfeit his property without compensation on October 22, 1779, after a bill of attainder was passed by New York's legislature. He was also banished from the state under threat of death. Wickham was forced to move to Connecticut, where he died.
This stance was shared by other members of the former Jonson circle, such as Hyde or Vaughan, until late 1642: both had participated in early reforms such as the Bill of attainder of Strafford before switching sides (Hyde) or retiring to his Welsh estates (Vaughan). Another ex-Jonsonian, John Selden, remained a moderate and respected Parliamentarian until his death in the early 1650s.
The Carnegie Baronetcy, of Pittarrow in the County of Kincardine, was created in the Baronetage of Nova Scotia on 20 February 1663 for David Carnegie. He was the son of Hon. Sir Alexander Carnegie, fourth son of the first earl of Southesk. As mentioned above, his grandson, the third baronet, became representative of the family after his cousin's attainder in 1715.
When he died two years later the titles passed to his son, the fourth Marquess. In 1661 the attainder of 1649 was revoked by Act of Parliament. In 1684 Lord Huntly was created Lord Badenoch, Lochaber, Strathavon, Balmore, Auchindoun, Garthie and Kincardine, Viscount of Inverness, Earl of Huntly and Enzie and Duke of Gordon. All four titles were in the Peerage of Scotland.
As the Marquess of Drummond he was created a Knight of the Thistle in March 1705, when he became Master of the Horse. He succeeded his father on 11 May 1716, but as a consequence of his attainder he was not recognised by the British government. He died at Paris aged 46 years, and was buried in the Scots' College.
On the latter estate he built, at the cost of seven thousand marks, a castellated brick mansion. It remained in the Crown, notwithstanding the avoidance of his second attainder, and was converted by Henry VIII into a royal residence. In 1558 it was granted by Elizabeth I to Sir Henry Cary. It was later transformed into the existing Hunsdon House.
Following Wentworth's attainder in April 1641, King Charles and the Privy Council of England instructed the Irish Lords Justices on 3 May 1641 to publish the required Bills to enact the Graces.Act of Limitation; Act of RelinquishmentCarte T., Life of Ormonde London 1736 vol. 1, p.236. However, the law reforms were not properly implemented before the rebellion in late 1641.
He was also present at the Battle of Lifford, where an important victory was won over the rebel leader Red Hugh O'Donnell. He is also credited with saving Docwra from disaster by exposing an ambush plot by Rory O'Cahan.McGurk p.93 Arthur was promised that he would be made Earl of Tyrone, following the attainder of Hugh O'Neill for his rebellion.
For instance, sections 74AA and 74AB of the Corrections Act 1986 in Victoria significantly restricts the ability of the parole board to grant parole to Julian Knight or Craig Minogue. These have been upheld by the High Court of Australia and are distinguished from bills of attainder since the original sentence (life imprisonment) stands; the only change is the administration of parole.
He voted to fix the price of guineas at 22 shilling in March 1696 and for the attainder of Sir John Fenwick on 25 November 1696. On 7 March 1697 or 1698 Biddulph married as his second wife Elizabeth D'Oyly, daughter of William D'Oyly. He built and lived at Elmhurst Hall just north of Lichfield during his time as MP for the city.
The lords, his judges, were influenced in his favour. The impeachment failed on 10 April 1641. Pym and his allies increased public pressure, threatening members of Parliament unless they punished Strafford. The Commons therefore, feeling their victim slipping from their grasp, dropped the impeachment, and brought in and passed a bill of attainder on 13 April by a vote of 204 to 59.
Burke's Peerage, Baronetage & Knightage, 107th edition, 3 volumes. Wilmington, Delaware, U.S.A.: Burke's Peerage (Genealogical Books) Ltd, 2003. p. 1429. In 1905, he succeeded his father as the 10th Earl of Southesk who had restored the family titles, with the original precedence, by reversal of the 1715 Act of Attainder in 1855. He had the reputation of being the best game shot in Scotland.
His son Conn MacCormac O'Neill (or Constantino O'Neill) was an officer in the Spanish Army. Like many Irish Catholics of the era he was a Wild Geese because the penal laws forbade him serving in the Irish Army. Conn was considered the heir to the Earl of Tyrone by some, but this was not formally recognized because of the Crown's earlier attainder.
Godolphin was returned as Member of Parliament for Helston at the 1695 English general election. He voted against the attainder of Sir John Fenwick on 25 November 1696. His first public appointment was that of joint registrar of the court of chancery on 29 June 1698, which he held to 20 January 1727. He did not stand at the 1698 English general election.
This did not prevent him taking an active role in the impeachment of Thomas Wentworth, 1st Earl of Strafford, and in preparing the bills brought forward by the popular party in the House of Commons. As a result, he was dismissed from the office of Solicitor General in 1643. He defended the decision to proceed against Strafford by way of attainder on the simple ground that there are people who are too dangerous to be given the benefit of the law; he told the Commons : "it was never accounted cruelty or foul play for foxes and wolves to be knocked on the head." Edward Hyde, 1st Earl of Clarendon, although he is may have voted in favour of the attainder, later denounced St. John's speech as perhaps the most barbarous and inhumane ever made in the House of Commons.
Gregory Cromwell was never created Baron Cromwell (of Wimbledon in the County of Surrey) in his own right and only held the courtesy title for a few weeks until his father's arrest and subsequent attainder, when the title was forfeited. The Great Hall of Oakham Castle Henry VIII granted Oakham to Thomas Cromwell in July 1538 under the old title of the castle, lordship and manor, yet the grant seems to have referred only to the manor of Oakham with certain judicial rights in the soke and not to the dependent manors and fees of the barony. In November 1538 the manor was settled on Gregory and his wife Elizabeth, to hold for their lives, with remainder to their son, Henry. In this way it escaped forfeiture at the time of Thomas Cromwell's attainder and execution, and was held by his descendants.
In 1745 the Young Pretender, Charles Edward Stuart raised his Standard at Glenfinnan and one of the first adherents to this new Jacobite rebellion was Andrew's older brother Strathallan, who went on to command the rebel forces in Scotland when the Prince invaded England and later commanded the reserve cavalry at the fateful battle of Culloden in April 1746, during which he was killed. The Strathallans were the subject of an Act of Attainder by Parliament The Attainder of the Earl of Kellie and others Act, 1745 (19 Geo II, cap XXVI) and it caused the Drummond's Bank to temporarily cease trading. It did recommence trading again and the directors of the company were to include not just the descendants of Andrew but also of the Viscount Strathallan. Drummond died at Stanmore on 2 February 1769.
According to some historians, the attainders were passed by Parliament in order to enable Edward IV to grant Joan Welles' lands after her death to her husband, 'the trusted Yorkist Sir Richard Hastings', and accordingly, on 23 January 1475, the King granted Hastings a life interest in the greater part of the Welles and Willoughby estates. Moreover, Hastings was summoned to Parliament from 14 November 1482 to 9 December 1483 by writs directed Ricardo Hastyng de Wellys, whereby he is held to have become either Lord Hastings of Welles, or Lord Welles. Under Henry VII, the attainders of Joan Welles' father and brother, as well as the attainder of her uncle, John Welles, were all reversed by the Parliament of 1485/6. John Welles was still living, and with the reversal of his attainder became Lord Welles.
After the Merciless Parliament began on 30 January 1388 Robert Charleton was made Chief Justice of the Common Pleas, and Belknap was arrested along with his fellow justices. The group were brought to trial on 27 February due to their answers in relation to the legality of the parliamentary commission, and were sentenced to death. After many high-ranking figures including William Courtenay and Queen Anne pleaded on their behalf, the sentence was changed to that of forfeiture and attainder, including exile to Drogheda, Ireland. At the time of his attainder, Belknap held extensive manorial properties in Kent (Beachborough Manor, Orpington, Seintling or Saint Mary Cray, Bybrook Manor, Westcombe Manor, Kingsnoth, among others), Sussex (Knelle Manor, Wilting Manor), Hampshire (Crux Easton, Penton Mewsey), Hertfordshire (Rushden, La More Manor), Cambridgeshire (Gamlingay, Caldecote), Norfolk (Salthouse), Bedfordshire (Little Holwell), and Oxfordshire (Hoo Manor).
As a result of his father's attainder, he went into exile. Under Henry VII, who united the houses of York and Lancaster, the attainder was reversed; and Edmund, Lord Ros, was reinstated in his ancestral property; Belvoir had been in the possession of the Hastings family for more than twenty years. In the petition to parliament presented by Lord Ros in November 1485, his claims are stated with great moderation, and his sufferings for his loyalty to King Henry VI are not overstated. About nine years later, Sir Thomas Lovell, who had married Isabel, Edmund's sister, presented a petition to parliament, stating that Edmund was "not of sufficient discretion to guide himself and his livelihood; nor able to serve his sovereign after his duty" and asking "that he might have the guidance and governance of the said Edmund" and all his property.
All of the Howard prisoners were tried, found guilty of concealing treason and sentenced to life imprisonment and forfeiture of goods. In time they were released with their goods restored. The King sank further into morbidity and indulged his appetite for food and women. Catherine herself remained in limbo until Parliament introduced on 29 January 1542 a bill of attainder, which was passed on 7 February 1542.
The title of Baron Welles has been created thrice. It was first created for Adam de Welles on 6 May 1299 in the Peerage of England by writ of summons. This creation was extinguished by attainder in 1469. It was created a second time in the Peerage of England by writ of summons for Sir Richard Hastings on 15 November 1482 and became extinct on his death.
The attainder could not affect his Scottish peerage, as no act of forfeiture against him passed in Scotland. Early in August 1691 Preston was recommitted to Newgate Prison for refusing to give evidence against some 'criminals,' but was soon bailed out. Thereafter he was permitted to retire to Nunnington Hall in Yorkshire, which he had inherited from his great-uncle, pursued by the execrations of his party.
Their eldest son, the third Earl, was a prominent Jacobite. In 1716, he was convicted of high treason, attainted and executed on Tower Hill in London. Despite having been stripped of his titles through the attainder, his only son John, titular 4th Earl of Derwentwater, continued to use them. On John's early death in 1731, they were claimed by his uncle, Charles Radclyffe, titular 5th Earl.
She lent the Crown 3,500 Marks whereupon the king spared the family from attainder of title. She survived many challenges to her position, including a state trial in 1451. Whilst she had benefited from Lancastrian connections, she switched to supporting the House of York during the Wars of the Roses. In 1455 she was custodian of the Henry Holland, 3rd Duke of Exeter at Wallingford Castle.
In 1547 he participated in the funeral of Henry VIII, as one of the lords carrying the canopy over the late king's coffin. On 28 February 1549 he was present in the House of Lords when the bill of attainder was passed on his wife's brother Thomas Seymour and again in January 1550 during proceedings against his brother-in-law and patron Edward Seymour, Duke of Somerset.
However, whilst staying secretly at Brenachyle by Loch Katrine, he was betrayed (apparently by the notorious "Pickle", a Hanoverian spy) and arrested. He was charged under the Act of Attainder for his part in the 1745 uprising and sentenced to death, being drawn and then hanged on 7 June 1753, at TyburnThe history of Clan Cameron. (the last Jacobite to be executed). The trail then goes cold.
The Wars of the Roses were disastrous for the Courtenay earls. The 5th/13th Earl's son, Thomas Courtenay, 6th/14th Earl of Devon (d.1461), fought on the losing Lancastrian side at the Battle of Towton (1461), was captured and beheaded, and all his honours forfeited by attainder. Tiverton Castle and all the other vast Courtenay lands were forfeited to the crown, later to be partially restored.
He was subsequently charged with supporting the rebellion of Perkin Warbeck, one of the pretenders during the reign of King Henry VII, tried at the London Guildhall on 30 January 1495, found guilty, attainted, and executed, his estates forfeited. Coleshill Manor was awarded to Simon Digby. (The attainder on Kingshurst Manor and lands was reversed in 1534 for his grandson Thomas Montfort, but without restoration of Coleshill).
After the failure of James' cause he was outlawed and attainted, but the attainder was reversed in 1698. In later years he conformed to the Church of Ireland. He married firstly Lady Mary Bourke, daughter of Richard Burke, 6th Earl of Clanricarde and secondly Bridget, daughter of Colonel John Browne and Maud Bourke. He had three daughters and one son, Francis, who succeeded as 14th Baron Athenry.
He fled to Kirkwell Castle and from there to the continent, and was attainted and excluded from succession to his father's lordship. . St Clair did not return to Scotland for ten years, mainly on account of the hostility of the third of the Schaw brothers, John Schaw MP. He was finally pardoned by letters patent in 1726 but the attainder was left in force.
The Premier Baronetcy of Ireland was created for Sir Dominic Sarsfield in 1619, and was held by his successors until the attainder of the 4th Viscount Sarsfield in 1691.Cokayne, vol i, pp223-224 Since then the descendants of Sir Francis Annesley Bt., the Annesley baronets, have been the Premier Baronets of Ireland;Cokayne, vol ii, p 224 presently Francis William Dighton Annesley, 16th Viscount Valentia.
62–3 whereabouts he had perhaps previously lived. cites: Strype, iii. i. 192. In a private act of parliament, passed on the accession of Elizabeth, Thomas's name was included among those whose heirs and children were restored in blood after their attainder, but it is not known whether he was married or had a family. cites: Strype Annals of the Reform. i. i. 468.
Grey's main ambition was to re-establish his family's position in Leicestershire lost by his father's attainder. Henry succeeded to his father's estate at Pirgo near Havering Essex when aged 17. Five years later he was appointed one of the Queen's Gentlemen Pensioners and was lieutenant of the band – head personal bodyguard – from 1589 to 1603. He attended on the Queen six months of each year.
285 According to author Antonia Fraser, she had a "cool, detached character warmed by a masculine intelligence, and a great understanding above the capacity of her sex."Fraser, p. 285 She was provided with a large dowry by her brother George, and she had an excellent appreciation of the value of her properties. Later she managed to retain her lands, despite the Earl of Bothwell's attainder.
Somerset was convicted of felony on 1 December 1551 and beheaded on 22 January 1552 on Tower Hill. The Duchess of Somerset had been arrested with her husband and continued in the Tower until 30 May 1553.Loades, pp. 188–190 After Mary I's accession in July and the attainder of the Duke of Northumberland she was allowed to choose from the Dudley family's confiscated household stuffs.
On 4 March 1485/6 John Devereux was granted special livery, without proof of age, of his mother's lands. He was summoned to Parliament on 1 September 1487 for the first time. At his second Parliament on 13 January 1488/9 his petition for reversal of his father's attainder and forfeiture was granted,'Henry VII: January 1489', Parliament Rolls of Medieval England. devereux ferrers. Date.
Cecily, who lived at Shute House near Axminster, Devon, built the magnificently vaulted Dorset Aisle on the north side of Ottery St Mary Church, and the north porch.Pevsner, p.619 Following the attainder of Cicely's grandson Henry Grey, 1st Duke of Suffolk (1517-1554), his estates escheated to the Crown, which sold Knightstone to William Sherman, a wealthy merchantPevsner, p.529 of Ottery St Mary.
The Lordship of Lovat has for some time been linked to the Chiefship of Clan Fraser. The former family seat was Beaufort Castle in northern Scotland. The numbering of the Scottish Lordship used by Clan Fraser differs from the legal numbering in that it ignores the attainder of 1747–1854, with the result that the 16th Lord is termed by them "18th Lord Lovat".
Shaftesbury supported the House of Commons when they introduced a Bill of Attainder against Danby, and voted in favour of the bill in the House of Lords on 14 April 1679. Shaftesbury attempted to neutralise the influence of the episcopal bench in favour of Danby by introducing a bill moving that the bishops should not be able to sit in the House of Lords during capital trials.
To avoid this, Parliament inserted a clause in the bill of attainder, which provided that the Royal Assent could be granted by commissioners appointed for the purpose, instead of by the king in person. Initially used sparingly, the new procedure gradually became used more often until it became the usual way. The last monarch to grant Royal Assent in person was Queen Victoria in 1854.Richardson, Jessica.
His title and estates were attainted, therefore Giles did not immediately succeed to the barony on his father's death. In November 1328, Giles obtained a reversal of the attainder and succeeded by writ of summons as the 2nd Baron Badlesmere. However, when he died in June 1338, the barony of Badlesmere fell into abeyance as his marriage to Elizabeth Montagu had not produced children.
21 Ric.2 c. 3 created four kinds of treason: # to "compasseth or purposeth the Death of the King," # "or to depose him," # "or to render up his Homage or Liege," # "or [to] ... raiseth People and rideth against the King to make War within his Realm ..." The Act declared that the procedure for prosecuting someone for any of these was by attainder in Parliament.
In 1821 he was created Baron Wemyss, of Wemyss in the County of Fife, in the Peerage of the United Kingdom, which entitled him to an automatic seat in the House of Lords. In 1826 he obtained a reversal of the attainder of the earldom of Wemyss and became the eighth Earl of Wemyss as well. From 1821 to 1853 he served as Lord- Lieutenant of Peeblesshire.
Experts varied on the merit of the case, which was styled ACORN v. United States. One argument was that while government funding choices do not generally qualify as bills of attainder, the lack of a non-punitive regulatory purpose for the legislation may give a court "sufficient basis to overcome the presumption of constitutionality." The court issued a preliminary injunction that nullified the act.
He was attainted by Parliament in November of that year, depriving his heirs of the earldom of Devon, the barony of Courtenay and his estates. Courtenay's younger brother, Henry, had been granted several manors by King Edward IV on 27 July 1461, including Topsham, and these manors were also forfeited by his elder brother's attainder. Henry himself was beheaded at Salisbury on 17 January 1469..
His eldest brother, the 2nd duke of Ormond, got involved in the Jacobite rising of 1715. He was impeached for high treason by Lord Stanhope on 21 June 1715. He was attainted, whereupon all his honours were assumed to have been forfeit. In 1721 he was allowed by act of the English Parliament to buy back the family estates that had been forfeited under his brother's attainder.
Although the proof failed, Parliament adjudged them guilty. Their lives were spared, but an act of attainder was taken out against them, by which their lands passed to the Crown and themselves again committed prisoners to the Bass. On 13 June 1685 notice of his forfeiture and that of his son were recorded. Both Campbells were released on 6 August 1685 but later re-arrested.
II, c.29 and 11 Geo. II, c. 30. Following the execution of Charles Ratcliffe in 1746 (in accordance with his 1716 attainder), Lord Kinnaird as his eldest son petitioned the king, claiming to be entitled the estate, but the Commissioners of Greenwich Hospital rejected his claim, because his right had not been claimed before the Forfeit Estates Commission, and because he was an alien.
However, unlike other larger houses, Lenton was neither surrendered voluntarily nor dissolved by the Second Act of Dissolution. Instead, a campaign of allegations and propaganda brought forth accusations of verbal treason against the prior, Nicholas Heath, eight of the monks and four labourers. They were tried and executed in 1538, while the priory was dissolved by attainder, with no pensions paid to any of the survivors.
This resulted in Strafford's execution: of all Strafford's enemies Essex was perhaps the most implacable, dismissing appeals for mercy with the proverb Stone dead hath no fellow. In an attempt at reconciliation with Parliament, Charles gave royal assent to the Bill of Attainder and invited leading Parliamentary critics to join his Privy Council. Essex supported the action against Strafford and was appointed to the Privy Council.
Goddard was a very unwise choice, as he was an ex-Lancastrian who had expounded Henry VI's claim to the throne. Edward summoned Clarence to Windsor, severely upbraided him, accused him of treason, and ordered his immediate arrest and confinement. Clarence was imprisoned in the Tower of London and put on trial for treason against his brother Edward IV. Clarence was not present – Edward himself prosecuted his brother, and demanded that Parliament pass a bill of attainder against his brother, declaring that he was guilty of "unnatural, loathly treasons" which were aggravated by the fact that Clarence was his brother, who, if anyone did, owed him loyalty and love. Following his conviction and attainder, he was "privately executed" at the Tower on 18 February 1478, by tradition in the Bowyer Tower, and soon after the event, the rumour gained ground that he had been drowned in a butt of Malmsey wine.
The keep at least did not share in this fate, but in April 1572 Henry Carey, 1st Baron Hunsdon, bemoaned the treatment meted out to the Percy castles, writing to the queen's chief minister, "It is a great pity to see how Alnwick Castle and Warkworth are spoiled by him ... I am creditably informed that he means utterly to deface them both." An attainder was issued against Thomas Percy so that when he came into English custody he was executed without trial on 22 August. As a result, Percy's son was passed over, but under the terms of the attainder his brother was allowed to inherit. In 1574, Elizabeth granted Henry Percy permission to inherit the family's property and assume the title of 8th Earl of Northumberland. The castle formed the backdrop for several scenes in William Shakespeare's Henry IV, Part 1 and Part 2.
Shortly after his marriage in 1775, his career was interrupted by the beginning of the American Revolutionary War. Barclay served with distinction, as a major, in the "Loyal American Regiment", in the British Loyalist forces, throughout the war and, with the confiscation of his New York property and having been named specifically in a Bill of Attainder in that state, he chose to join the loyalists heading to Canada.
Since he had been deprived of his position of Bishop of Rochester by the Act of Attainder, he was treated as a commoner, and tried by jury. The only testimony was that of Richard Rich. John Fisher was found guilty and condemned to be hanged, drawn and quartered at Tyburn. The Bell Tower, where John Fisher was held during his prison time together with Thomas More, though imprisoned separately therein.
VI, "Hastings", "Hungerford", "Huntingdon"; Vol. IX, "Moira". These descents are central to the line of potential descent of the Crown described in the 2004 Channel 4 TV documentary Britain's Real Monarch, which considers a claim based on the theory that Edward IV of England was illegitimate, and that the Crown should be traced through George of Clarence, his brother (with his attainder reversed), not through Edward's daughter, Elizabeth of York.
At this date the family was intent on reclaiming its former status after falling into disgrace with the execution and attainder of his grandson. The aim was to play up the glory days of Henry's adherence to the Tudor cause, describing him inter alia as ‘his Country’s martyr’.Annette Carson, ‘The Questionable Legend of Henry Wyatt’ (extended version of an article originally published in the Ricardian Register), Richard III Society, Inc.
Alison Weir, Britain's Royal Families: The Complete Genealogy (London, U.K.: The Bodley Head, 1999), page 97. On Anne's death, in 1438, the title of Buckingham (as well as her other titles) passed to her son Humphrey Stafford, Earl of Stafford, who in 1444 was created Duke of Buckingham. This title remained in the Stafford family until the attainder and execution of Edward Stafford, 3rd Duke of Buckingham, in 1521.
Adam Nicolson, The Gentry (2012) But moved to the Three Counties, and held lands in Gloucestershire and Herefordshire, including the ancient medieval Abbey of Gloucester. Lord Seymour, the Marquess of Hertford, had been declared a traitor by bill of Attainder, rendered forfeit his vast estates and titles by Queen Elizabeth I's parliament. The Master family acquired the estates in 1864. Master was a traditional Conservative MP of conventional 'strictly conservative' opinions.
In 1916, the attainder was removed and the abeyance terminated in favor of the fifteenth baron. The twelfth to fourteenth barons never actually held the title. This creation became abeyant again in 1951. The second creation was in 1324, when Sir Ralph de Cobham was summoned to parliament as Baron Cobham. The history of this creation is unknown following the death of the 2nd baron in or after 1378.
Later, the Court would extend its decision in the case Hawker v. New York, 170 U.S. 189 (1898) when it ruled that character was also an important qualification for doctors wishing to obtain a license. As in any Supreme Court case, Dent has been cited numerous times, particularly in defining the legitimate role of state regulation versus Constitutional prohibitions on Bills of Attainder. See, for example SBC Communications, Inc. v. FCC.
His fortunes were revived when Henry became King Henry VII in 1485. His attainder was reversed in Henry's first parliament, and he became a privy councillor. On 2 November he was appointed Master of the Mint, an office in which Bartholomew Reade of London, goldsmith, as the practical 'worker of monies,' was associated with him in survivorship.The mastership of the king's harthounds had been granted to him on 12 October before.
The castle largely remained in the hands of the Hungerford family over the next two centuries, despite periods during the War of the Roses in which it was held by the Crown following the attainder and execution of members of the family. At the outbreak of the English Civil War in 1642, the castle, modernized to the latest Tudor and Stuart fashions, was held by Sir Edward Hungerford.
Thus, specificity was constitutional if it was rationally related to the class identified. The Court modified its punishment test, concluding that only those laws which historically offended the bill of attainder clause were invalid.Stark, Prohibited Government Acts: A Reference Guide to the United States Constitution, 2002, p. 74. The Court also found it significant that Nixon was compensated for the loss of his papers, which alleviated the punishment.
Therefore, parliament inserted a clause into the Act of Attainder, providing that assent granted by Commissioners "is and ever was and ever shall be, as good" as assent granted by the Sovereign personally.Royal Assent by Commission Act 1541 (33 Hen.8 c.21) The procedure was used only five times during the 16th century, but more often during the 17th and 18th centuries, especially when George III's health began to deteriorate.
In 1824 the attainder of the first Baron was completely reversed, and on 6 July 1825 the House of Lords decided that Jerningham had been successful in his claim to the barony. He was summoned to Parliament the same year as the eighth Baron Stafford. In 1826 he assumed by Royal licence the additional surname and arms of Stafford. He was succeeded by his eldest son, the ninth Baron.
The following nobles are known to have been executed on the Tower Green: #William Hastings, 1st Baron Hastings, by order of Richard, Duke of Gloucester, in 1483. #Queen Anne Boleyn, second wife of King Henry VIII, 19 May 1536. #Margaret, Countess of Salisbury, the last of the Plantagenet dynasty on 27 May 1541. #Queen Catherine Howard, fifth wife of Henry VIII, by a bill of attainder on 13 February 1542.
On 2 January 1722, the Old Pretender (Jacobite "King James III") created Charles Duke of Arran in the Jacobite Peerage of England. coronation robes On 16 November 1745 N.S., his brother died in Avignon. It was later ruled that the attainder, enacted by the Parliament of Great Britain, applied to his British titles (i.e. those in the Peerages of England and Scotland) but not to his Irish titles.
Walter Butler (1703–1783), also known as Walter Butler of Kilcash, and Walter Butler of Garryricken, was the de jure 16th Earl of Ormond and 9th Earl of Ossory. He did not assume these titles as he thought them forfeit as a result of the attainder of the 2nd Duke of Ormonde. In the peerage of Ireland, the titles were successfully claimed in 1791 by his son John, the 17th Earl.
He seems to have acquiesced in the usurpation of Richard III in 1483, but, unlike his son, was not present for Richard III's defeat at the Battle of Bosworth two years later. Henry VII does not seem to have held Suffolk's son's treason against the duke, and even seems to have protected him from the former's attainder. John de la Pole died in 1492 and was buried at Wingfield Church, Suffolk.
Furthermore, this Act stated that material that was preserved could be used in judicial hearings and proceedings. Immediately after this Act was enacted, Richard Nixon filed a lawsuit in a federal district court claiming that the Act violated the principle of separation of powers, the principle of presidential privilege, Nixon's personal privacy, his First Amendment right of association, and further asserted that it amounted to a constitutionally prohibited Bill of Attainder.
On October 22, 1779, the "Act of Attainder," a new bill on confiscation, became law that declared that fifty-nine people were ipso facto guilty of felony; that they should be attained and their property forfeited to the state, and if found within the state, they were to be executed. Rapalje was one of the 24 esquires who were listed. His estate was estimated at £40,000 in value.
Kendall, pp. 287–288 Notwithstanding her Yorkist family background and her husband's desertion of the Tudor cause in support of King Richard, she and Thomas (since returned to England) were both guests at King Henry VII's's coronation. The following month, the new king lifted the attainder which had been placed on Thomas in January 1484 by Richard III for his participation in the Duke of Buckingham's unsuccessful rebellion.Richardson, Everingham, p.
He married, secondly, Grizell Urquhart, daughter of Alexander Urquhart, on 3 June 1720. They had one son, Alexander Dalzell (2 February 1721 – 3 April 1787), who would have been Earl of Carnwath, but for the attainder. He married, thirdly, Margaret Hamilton, daughter of John Hamilton, on 15 November 1728. He married, fourthly, Margaret Vincent, daughter of Thomas Vincent and Isabel Packer, on 19 June 1735 at Worksop, Nottinghamshire.
After his coronation Henry issued an edict that any gentleman who swore fealty to him would, notwithstanding any previous attainder, be secure in his property and person. Henry honoured his pledge of December 1483 to marry Elizabeth of York.S. B. Chrimes, Henry VII, p. 53. They were third cousins, as both were great-great-grandchildren of John of Gaunt.Genealogical tables in Henry and Elizabeth were married on 18 January 1486 .
Langley Castle, seat of Baron Adam de Tindale before being extended and rebuilt The Parliamentary Barony, Baron Scott of Tindale in Northumberland, was created in 1663 for the ill-fated Duke of Monmouth, and 1st Duke of Buccleuch, James Scott, the illegitimate son of King Charles II. This title was put under attainder, upon his execution for treason in 1685, but later restored, together with the Earldom of Doncaster in 1743. There is, however, a legend that King James II did not have him executed but exiled to France, where he became known as the Man in the Iron Mask.Shaw, Samuel in 'Duke of Monmouth: Man in the Iron Mask' in Oxford Journals (Oxford, 1870) Vol s4-V, No 120. Another Barony of Tyndale was created in 1688 as the junior title of the Radclyffe Earl of Derwentwater and in 1716 fell under attainder on his execution for treason for his part in the Jacobite rising of 1715.
Early in the reign of Henry VII he became associated with Edmund Dudley in carrying out the King's rigorous and arbitrary system of taxation, and in consequence he became very unpopular. Retaining the royal favour, however, he was knighted at the creation of the future Henry VIII as Prince of Wales on 18 February 1504, and was soon High Steward of the University of Cambridge, and Chancellor of the Duchy of Lancaster, but his official career ended with Henry VII's death in April 1509. Thrown into prison by order of the new King, Henry VIII, he was charged, like Dudley, with the crime of constructive treason, and was convicted at Northampton in October 1509. His attainder by Parliament followed,According to Hargrave's note in 1 State Trials No. 26, there was no act of attainder, but only an act to prevent the forfeiture of some property held by Empson and Dudley in trust.
This action erected a permanent barrier to any reconciliation with King Edward. After the restoration of Henry VI in November 1470, King Henry revoked the bill of attainder and restored Sir William's lands and titles. However, the following March, he opposed Edward's landing at Ravenspur. He joined forces with the Duke of Exeter, but they were too weak and were forced to stand aside at Newark and allow Edward to march south to London.
The son of Robert Bruce, at one time Tory Member of Parliament for Clackmannan, he was born in Kennet in that county and educated at Loretto, Eton and Oriel College, Oxford. In 1868, four years after his death, Robert Bruce's claim to the peerage was recognised by the House of Lords, and so his son became sixth Lord Balfour of Burleigh on the reversal of the title's attainder by Act of Parliament in 1869.
Balfour's story is retold by writer Daniel Defoe in his 1724 Tour thro' the Whole Island of Great Britain as part of the description of the town of Inverkeithing. Defoe asserts that the tragical story had been much talked about in England at the time. Balfour died, without issue, in 1757 and was buried at Greyfriars Kirkyard, Edinburgh. The attainder was reversed in 1869 in favour of Alexander Bruce, 6th Lord Balfour of Burleigh.
He voted for the attainder of Sir John Fenwick on 25 November 1696, and acted as a teller on several occasions. By 1698, he was a Captain of Foot Militia for Worcestershire. He was returned again as MP for Tewkesbury at the 1698 English general election and at the two general elections of 1701. By 1702 he was deputy lieutenant for Worcestershire and was returned again for Tewkesbury at the 1702 English general election.
In his youth he recovered the lands forfeited by his father's attainder, and was favoured by Queen Mary, whose Maid of Honour, Anne Bassett, was his first wife. In 1568 he sued his second wife, Anne (née Dormer), for divorce. He failed to prove the scandalous grounds he alleged against her, but chose to be imprisoned in the Fleet rather than support his wife or pay the costs awarded against him by the court.
The river improvement works started on February 27. The enmity of the Tokugawa shogunate was obvious because they ordered the dike destroyed three times as it neared completion. Two of the leading samurai involved in the work, Nagayoshi Sobe and Otokawa Sadabuchi, committed seppuku in protest. Hirata deliberately concealed this protest from the shogunate, since it might seem to betray weakness and become an excuse for the attainder of the Shimazu clan.
Three years later, the United States Supreme Court declared the law's provision to be an unconstitutional bill of attainder. United States v. Lovett, 328 U.S. 303 (1946). Dodd was the son of William E. Dodd, who served as United States Ambassador to Germany between 1933 and 1938, and the brother of Martha Dodd, who had affairs with Nazis and a Soviet NKVD agent before becoming an accused secret agent of the Soviet Union.
The barony of Grey of Wilton became extinct at his death. Of the family estates, Wilton Castle, on the River Wye, had been alienated before the attainder of 1603 to Grey Brydges, 5th Baron Chandos. The confiscated estates of Whaddon were granted to George Villiers, the king's favourite. Many of Grey's papers passed, through a sister, to Philip Wharton, 4th Baron Wharton, and thence to Thomas Carte the historian; they went with the Carte MSS.
John Wickham was the oldest son of John Wickham Sr. and his wife Mary Smith Fanning. Wickham was born in the colony of New York in the village of Cutchogue. His father was a minister in the Anglican Church and a Loyalist, while his uncle Parker Wickham was also a Loyalist, and was active in the local government. After the American Revolution, Parker Wickham was banished from New York State under an act of attainder.
The attainder was reversed by Act of Parliament on 26 May 1826 in favour of his grandson, Lieutenant-General Robert Alexander Dalzell and the titles were restored to him. Several of the Earls are noteworthy in their own right. The eighth Earl was reported as being the youngest Earl in Britain in 1873 at the age of fourteen. Both the eleventh and thirteenth Earls were Scottish Representative Peers in the House of Lords.
In November 1640, Arundell was elected Member of Parliament for Bodmin in the Long Parliament. He was one of those who voted against the attainder of Strafford. He joined the King's parliament at Oxford and on 22 January 1644 he was disabled from sitting at Westminster"for deserting the service of the house, being in the king's quarters, and adhering that party". His brother Richard, who was Member for Lostwithiel was also disabled.
In an opinion again delivered by Justice Frankfurter, the Court upheld the constitutionality of the Act's registration requirements. First, the Court rejected the argument that the Act was an unconstitutional bill of attainder. The registration requirement did not target organizations, but was predicated upon certain conduct. Second, the Court rejected the arguments that the registration requirement violated the rights of freedom of speech and freedom of association guaranteed by the First Amendment.
An American Loyalist: The Ordeal of Frederick Philipse III, Stefan Bielinski, New York State Museum (1976). Bielinski claims Frederick Philipse III was "compensated handsomely by the crown" for his loss. No amount, however, was specified, only a prior reference to a royal pension granted him for his "attachment to his majesty's government" that only reached 200 pounds by 1782, a minute fraction of the over 220,000 pound loss he had suffered via attainder.
She could not regain her dowry, because legally, she no longer existed. Elizabeth petitioned the General Court for reversal of attainder to restore her legal rights. No action was taken by the government for seven years, although it was already widely accepted that innocent people had been wrongly convicted. On 19 April 1697, the probate court ordered Elizabeth's step-children to return to her the dowry as she was "now restored to benefit of law".
Roach, 2002, p. 586 In 1992, the Danvers Tercentennial Committee persuaded the Massachusetts House of Representatives to issue a resolution honoring "the courage and steadfastness of these condemned persons who adhered to truth when the legal, clerical, and political institutions failed them". While the document did list the names of all those not previously granted reversal of attainder, it only noted that these individuals were "worthy of remembrance and commemoration".Roach, 2002, p.
The titles were forfeit in 1455 on the attainder of his son James Douglas, 9th Earl of Douglas and 3rd Earl of Avondale. The second creation was for Andrew Stuart, who was created Lord Avondale in 1459. He was a son of Sir Walter Stewart and therefore a grandson of Murdoch Stewart, 2nd Duke of Albany. He served as Chancellor of Scotland between 1460 and 1482, and died in 1488, when the title became extinct.
He was included in the Act of Attainder, and, after staying in Highland fastnesses for four months, went to Edinburgh disguised in a black wig, as the liveried groom of a lady who rode pillion behind him on a horse. After lurking in concealment in his father's house till October, he accompanied to London, as a poor teacher, the king's messenger, who had been in Scotland citing witnesses for the treason trials.
On Huntly's succession to the marquessate in 1636 he was succeeded in the viscountcy of Aboyne according to the special remainder by his second son the Hon. James (see the Viscount Aboyne for further history of this title). On Lord Huntly's death in 1649 his remaining titles passed to his eldest son, the third Marquess. He was granted a remission of his father's attainder by the exiled King Charles II in 1651.
5 Tame also acquired the manor of Rendcomb, Gloucestershire, by grant from the Crown, to which it had reverted after the attainder of the Earl of Warwick. His son Sir Edmund Tame rebuilt Rendcomb Church. In 1497 John and his son Edmund Tame levied a fine of land in Hatherop, an adjacent village. John Tame died before he had completed the rebuilding of Fairford Church, which task was finished by his son Edmund.
Clarence joined Warwick in France, taking his pregnant wife. She gave birth to their first child, a girl, on 16 April 1470, in a ship off Calais. The child died shortly afterwards. Henry VI rewarded Clarence by making him next in line to the throne after his own son, justifying the exclusion of Edward IV either by attainder for his treason against Henry VI or on the grounds of his alleged illegitimacy.
After the battle of Sedgemoor he was sheltered by Alice Lisle at her house in Hampshire, but his hiding-place was betrayed by one Barter. He was examined on 9 August, refused to divulge anything of a serious nature, and was so badly treated that he temporarily lost his reason. He was executed under his old outlawry before the gate of Gray's Inn, on 30 October 1685. In the next reign his attainder was reversed.
The English Parliament was actively hostile towards Spain and Catholicism, and thus, when called by James in 1621, the members hoped for an enforcement of recusancy laws, a naval campaign against Spain, and a Protestant marriage for the Prince of Wales.; . James's Lord Chancellor, Francis Bacon, was impeached before the House of Lords for corruption. The impeachment was the first since 1459 without the king's official sanction in the form of a bill of attainder.
The estates of a later William Widdrington were sequestrated, and sold by the Crown, as a result of his attainder for treason for his part in the Jacobite rising of 1715. The castle was reported to be in a ruinous condition in 1720. New owners began a rebuild in 1772 but the structure was destroyed by fire. A second attempt at reconstruction was more successful but the new Gothic-style castle was demolished in 1862.
On the same day, her eldest son by Lord Stafford, Henry Stafford-Howard, was created Earl of Stafford, with remainder to his brothers John and Francis. However, he was not allowed to succeed in the barony or viscountcy of Stafford as these titles were still under attainder. Henry was succeeded according to the special remainder by his nephew, the second Earl (the eldest son of John). He was succeeded by his son, the third Earl.
When he died childless, the title passed to his uncle, the fourth Earl. He was also childless and on his death in 1762 the earldom became extinct (the viscountcy of Stafford also formally became extinct, although the title was then under attainder). The claim to the barony of Stafford passed to the late Earl's niece, Anastasia, the de jure sixth Baroness Stafford. She was the daughter of the second Earl of Stafford.
Thomas himself was attainted in 1400 for his part in the Epiphany Rising. Upon the death of Anne de Beauchamp, 15th Countess of Warwick in 1449, claims to his baronies passed into abeyance, so that the reversal of his attainder in 1461 had no immediate effect. In 1604, the first creation of the barony was called out of abeyance for Mary Fane, the first barony by writ of summons to so be revived.
He lost his seat at the 1690 English general election, but was re-elected at the 1695 English general election. He signed the Association, and voted for the attainder of Sir John Fenwick on 25 November 1696. He was returned unopposed at the 1698 English general election and showed his support for the Whig Junto. At the two general elections of 1701, he was again returned unopposed, and was generally inactive in Parliament.
Rehnquist vigorously argued that under the provisions of the Act, all presidential papers could be seized by Congress at any time, and the Act was thus excessive. Burger asserted that the Administrator was not justified in engaging in such an invasion of privacy with respect to a President's documents. In addition, Burger contended that the Administrator was also encroaching on President Nixon's Executive Privilege and that this Act amounted to an unconstitutional Bill of Attainder.
Colonel the Honorable Donald Ogilvy (27 May 1788 – 30 December 1863) of Clova in Forfarshire was a Scottish politician. Ogilvy's father, who had inherited estates in both Forfarshire and Perthshire, styled himself the 5th Earl of Airlie. The title which had been attainted twice, through the family's involvement in both the Jacobite rising of 1715 and 1745 rising. The attainder was lifted in 1826, allowing Donald's other brother David to resume the title.
Brian was the last of the Mág Samhradháin lords to hold lordship. His lands had been forfeited after the Cromwellian Settlement and he lived as a tenant farmer. However, during the Williamite War in Ireland he rose in support of King James II of England when the king landed in Ireland in March 1689. The Irish Parliament declared that James remained King and passed a bill of attainder against those who supported William of Orange.
The attainder and exile were revoked in the January 1397 parliament. Some of Belknap's land holdings were returned to him or members of his immediate family with the first parliament of Henry IV in October 1399, although his wife Juliana in a noted case was allowed to bring suit as feme sole for certain lands. Belknap died less than two years later on 19 January 1401, and was buried in Rochester Cathedral.
Evans, he concluded the measure had "no rational relationship to any legitimate state interest," and thus violated the Equal Protection Clause. Finally, he concluded the measure "amounts to punishment" by legislation, as it "does not merely withhold the benefit of marriage; it operates to prohibit persons in a same- sex relationship from working to ever obtain governmental benefits or legal recognition," and thus was a bill of attainder, in violation of the Contract Clause.
John la Zouche, 7th Baron Zouche, 8th Baron St Maur (1459–1526) was a Yorkist nobleman and politician. He was noted for his loyalty to Richard III, under whose command he fought at the Battle of Bosworth, where Richard was killed. Under the victorious Tudor dynasty he suffered attainder and forfeiture of his property, but he was eventually restored to royal favour, due partly to a marriage connection to the new King's mother.
However, Tsunamasa quickly proved to be a poor choice as daimyō. He was a cruel lord, subject to frequent fits of rage, going on rampages and even killing retainers. He also neglected his duties at Edo Castle. His retainers called on Masaaki to step back in; however, the shogunate acted first and threatened the attainder of Fukui Domain in 1686 and placed Tsunamasa under house arrest on grounds of insanity and incompetence.
121, p. 108. Massachusetts State Archives. Boston, MA. requesting a more equitable settlement for those wrongly accused, but it was not until 1709, when the General Court received a further request, that it took action on this proposal. In May 1709, twenty-two people who had been convicted of witchcraft, or whose relatives had been convicted of witchcraft, presented the government with a petition in which they demanded both a reversal of attainder and compensation for financial losses.
She claimed that she had not acted out of malice, but had been deluded by Satan into denouncing innocent people, mentioning Rebecca Nurse, in particular, and was accepted for full membership. On October 17, 1711, the General Court passed a bill reversing the judgment against the twenty-two people listed in the 1709 petition (there were seven additional people who had been convicted but had not signed the petition, but there was no reversal of attainder for them).
Despite being severely outnumbered, the Mogami were able to repulse the invasion. The Mogami were rewarded after the establishment of the Tokugawa shogunate with an increase in territory to 570,000 koku with the recovery of the Shōnai region. This led to a further expansion of Yamagata Castle. However, after the death of Yoshiaki in 1614, an internal conflict erupted between his major retainers, providing an excuse for attainder of the domain by the shogunate in 1622.
Both Lord Thomas and Lady Margaret were committed to the Tower. On 18 July 1536, Parliament, by an Act of Attainder, condemned Thomas to death for attempting to 'interrupt ympedyte and lett the seid Succession of the Crowne'. The Act also forbade the marriage of any member of the King's family without his permission. Thomas was spared execution, but remained in the Tower even after Margaret broke off their relationship. He died there on 31 October 1537.
Gainsford was fully rehabilitated at the accession of Henry VII. By a general act of restitution the attainder was reversed.Rotuli Parliamentorum, VI, pp. 273–75. In September 1485 he was re-appointed High Sheriff of Surrey and Sussex: at much the same time he was granted custody for 7 years of the manor, lordship and hundred of Odiham, and also the manors of Banstead and Walton in Surrey with the park and warren, and lands in Charlwood.
James II endeavoured to make use of Granard; but he was not pliable, and was removed from the command of the army, Richard Talbot, 1st Earl of Tyrconnell being put in his place. When James's Dublin parliament passed the acts of repeal and attainder, he remonstrated with the king. Finding his arguments vain, he went to the House of Lords, entered his protest against the measures, and retired to Castle Forbes. Here he was unsuccessfully besieged by Irish forces.
He was a Member of Parliament for in 1472, and for in 1483. His name is first mentioned in the year-books in 1476. He procured a reversal of the attainder of his uncle, Sir Alexander Hody of Bowre, Somerset, who had been attainted at Edward IV's accession for adherence to the House of Lancaster during the wars of the Roses. In 1485, shortly after the accession of King Henry VII, Hody became Attorney General for England and Wales.
Aislabie was elected as a Member of Parliament for Ripon at the 1695 English general election, apparently on the assumption he was a Tory, though his political views were somewhat fluid. He voted for the attainder of Sir John Fenwick on 25 November 1696. He was returned again for Ripon at the 1698 English general election. The loss of his wife and daughter in a house fire in January 1700 may have dampened his political activity for a while.
His control of the English Channel meant that pro-Yorkist propaganda, emphasising loyalty to the king while decrying his wicked councillors, could be spread around southern England. Such was the Yorkists' naval dominance that Warwick was able to sail to Ireland in March 1460, meet York and return to Calais in May. Warwick's control of Calais was to prove to be influential with the wool- merchants in London. In December 1459 York, Warwick and Salisbury suffered attainder.
In 1922, he claimed the barony of Le Poer and Curraghmore, and Committee of Privileges of House of Lords decided that but for the attainder of John Power in 1691, the claim had been established. His eldest son, Edmond Robert Arnold, 20th Baron and 3rd Count succeeded to the title of 20th Baron le Power and Curraghmore in 1939. He sold Castle Gurteen in 1979 but retained the right to live in the West Wing of the castle.
It was later found that a provision in the couple's prenuptial agreement creating a life trust transferable to their children had protected her Highland Patent inheritance from the 1779 bill of attainder. In 1809 the Morris heirs finally received from American robber baron John Jacob Astor £20,000 sterling for their rights to the disputed lands. Mary died in York, England at the age of 96. A monument is erected over her grave at St Saviour’s Church there.
In May 1710 the legislature appointed a committee to hear the petitions.Roach, 2002 p 269 After many delays, on 17 October 1711 the General Court passed a bill reversing the judgment against the people listed in the 1709 petition and Governor Joseph Dudley signed the bill into law.Roach, 2002 p 570 There were still an additional seven people who had been convicted, but had not signed the petition. There was no reversal of attainder for them.
The herbage, pannage and other perquisites of Chasepool Hay was granted to John Sutton, 1st Baron Dudley in 1454. His grandson Edward Sutton, 2nd Baron Dudley was made Lieutenant of the Forest on his death in 1487. He was succeeded both in the Lieutenancy and in custody of Chasepool Hay by the Duke of Norfolk, who was in turn succeeded by John Dudley, Duke of Northumberland. This reverted to the crown on his attainder in 1553.
Page 583, membrane 24, 16 May 1476 Devereux was rewarded on 31 January 1476 with the grant of the manor and lordship of Wigston, Leicestershire, in the king's hands following the attainder of John de Vere, 13th Earl of Oxford; and the Welshman, a brewhouse outside Ludgate in the ward of Farringdon Without (St Martin parish, London).Great Britain Public Record Office. Calendar of the Patent Rolls, Edward IV and Henry VI, 1467-1477. (London: H.M. Stationery Office, 1900).
Braby (2010), p. 95. Garrow ran particularly foul of Sir Samuel Romilly, who was one of those looking to reform a penal code many claimed was not working. On 5 April 1813, Romilly's Bill on Attainder of Treason and Felony came before Parliament. Its intent was to remove corruption of the blood from cases involving treason and felony; Garrow, then Solicitor General, declared that the Bill would remove one of the safeguards of the British Constitution.
His son Kenneth (c. 1718–1761), who but for the attainder would have been the 6th earl, helped the British government during the rising of 1745, and was a member of parliament for some years. His son Kenneth Mackenzie was created Baron of Ardelve and Viscount Fortrose in the Peerage of Ireland in 1766 and Earl of Seaforth in 1771, also in the Peerage of Ireland. However, these peerages became extinct when he died in August 1781.
He obtained a reversal of his father's attainder in 1567 and served as Lord Chancellor of Scotland. George Gordon was succeeded by his son, the aforementioned sixth Earl, who was several times engaged in rebellion against the king and had his titles forfeited in 1593. He was restored to his titles in 1597. In 1599 King James VI created him Lord Gordon of Badenoch, Earl of Enzie and Marquess of Huntly in the Peerage of Scotland.
Archer was returned in a contest as Member of Parliament for Warwickshire at the 1690 English general election but was relatively inactive. He became a Commissioner for rebuilding Warwick in 1695 and was returned in a contest again at the 1695 English general election. At first he refused to subscribe the Association. He voted against fixing the price of guineas in March 1696, and voted against the attainder of Sir John Fenwick on 25 November 1696.
Following Monmouth's capture, Parliament passed an Act of Attainder, 1 Ja. II c. 2:Raithby, p.2 The King took the unusual step of allowing his nephew an audience, despite having no intention of extending a pardon to him, thus breaking with a longstanding tradition that the King would give an audience only when he intended to show clemency. The prisoner unsuccessfully implored his mercy, and even offered to convert to Catholicism, but to no avail.
On May 16, Leisler and Milborne were executed by hanging. Leisler is reported to have made a long speech, claiming that he acted "for the glory of the Protestant interest, the establishment of the present government", and to protect the province from outside forces. The remains of the two men were buried beneath the gallows, and their estates were seized by attainder. On May 19, Governor Sloughter issued a proclamation of amnesty for all except about 20 named individuals.
Davis was chair of the Select Committee to Investigate the Preparation for and Response to Hurricane Katrina. Democrats, who had proposed an independent investigation, objected and did not officially take part in the committee. The committee proceeded, eventually producing a stinging report critical of government's response to the disaster. Davis introduced the bill that became the Elizabeth Morgan Act, passed in 1996. In 2003, a federal appeals court ruled that the act was an unconstitutional bill of attainder.
Cardinal alt=Ancient oil painting of Cardinal Pole Warwick's sister, and therefore Edward IV's niece, Margaret Pole, Countess of Salisbury, was executed by Henry VIII in 1541. By then, the cause was more religious and political rather than dynastic. The attainder of her father, Clarence, was a legal bar to any claims to the throne by his children. Additionally her marriage, arranged by Henry VII, to Sir Richard Pole, his half-cousin and trusted supporter, was not auspicious.
Feltham formed an ancient parish in the Spelthorne hundred of Middlesex.Vision of Britain – Feltham parish history (historic map ) The Domesday Book records 21 households and an annual value of six pounds sterling; it was held as lord and tenant-in-chief by Robert, Count of Mortain. A large area of ten cultivated ploughlands is recorded.Domesday map Following Mortain's son's forfeit of lands (William's rebellion triggering the attainder), the land was granted to the Redvers/de Ripariis/Rivers family.
"Letter No. 2" (William Phips to Daniel Finch, 2nd Earl of Nottingham, February 21, 1693), SWP p. 865 In 1710, her father, William Hobbs, petitioned the General Court to compensate him for £40 expenses that the family's imprisonment cost him but said he was willing to accept £10, which the court granted him in 1712. She was among those named in the Act for Reversal of Attainder by the Massachusetts Great and General Court, October 17, 1711.
A good example of this can be seen in Kable v Director of Public Prosecutions (NSW), in which the High Court struck down a criminal law passed by the New South Wales Parliament that was directed at a single named individual in a similar manner to a Bill of attainder. The High Court also inferred a limited right to vote from the text of the Constitution in Roach v Electoral Commissioner, invalidating legislation that prevented all prisoners from voting.
William replied that their course was honourable, and intended for the good of the church, and he trusted in providence. Robert and their son-in-law Laurence Oliphant were banished to France despite their mother's efforts, and were lost at sea in a battle with "Hollanders" or pirates. cites: Register Privy Council, vol.3 (1880), p.348, 365, 664, 669 In 1586, the attainder on the Morton earldom was reversed and the title returned to the 4th earl's family.
He voted against fixing the price of guineas at 22s and against the attainder of Sir John Fenwick on 25 November 1696. He was returned again at the 1698 English general election and in the first election of 1701 but stood down in the second. He was then returned as MP for Flint Boroughs on 2 February 1702 and voted for the motion of 26 February 1702 vindicating the Commons’ proceedings in impeaching the four Whig lords.
It held, obiter, that law might not encompass colourable legislation (that is, bills of attainder – legislation purporting to be of general application but in fact directed at securing the conviction of particular individuals), or legislation "of so absurd or arbitrary a nature that it could not possibly have been contemplated by our constitutional framers as being 'law' when they crafted the constitutional provisions protecting fundamental liberties".Yong Vui Kong (2010), p. 500, para. 16; see also pp.
His execution at Bristol was one of the first acts of Henry IV, and the irregular sentence of an improvised court was confirmed by Henry's first parliament. Wiltshire' father, Lord Scrope, and his other sons were not included in the attainder, but received full pardon from Henry. Scrope, who was the builder of Bolton Castle, his principal residence, died in 1403. He was succeeded in the barony by his second son, Roger, whose descendants held it till 1630.
He was born on 25 February 1475, at Warwick, the family home of his mother, the Duchess of Clarence, formerly Lady Isabel Neville, elder daughter of Richard Neville, 16th Earl of Warwick. He was created Earl of Warwick in 1478 shortly after the attainder and execution of his father for treason. His potential claim to the throne following the deposition of his cousin Edward V in 1483 was overlooked because of the argument that the attainder of his father also barred Warwick from the succession (although that could have been reversed by an Act of Parliament). Despite this, he was knighted at York by Richard III in September 1483.Christine Carpenter, ‘Edward, styled earl of Warwick (1475–1499)’, Oxford Dictionary of National Biography, Oxford University Press, 2004; online edn, Jan 2008 In 1480,Calendar of the Patent Rolls, 1476-1485, p212 Warwick was made a ward of King Edward IV's stepson, Thomas Grey, 1st Marquess of Dorset, who as his guardian had the power to decide whom he would marry.
Andrew became Attorney-General of Pennsylvania, was a member of Pennsylvania's delegation to the Continental Congress, and served on the Council of Safety. Upon his resignation from the Continental Congress, he joined Howe's army as a non-combatant, and returned to Philadelphia during the British occupation. His estate was confiscated as a result of the Pennsylvania Attainder Act of 1778. In 1792, he was pardoned, and unsuccessfully attempted to recover some of his assets under the Jay Treaty of 1794.
He was rewarded for his services and loyalty with various grants, including that of Huntingdon Castle, to be held for seven years. After the Battle of Barnet he fled to meet Margaret of Anjou but was captured and executed on 6 May 1471. His children by Mary, daughter of William, Lord Zouche of Harringworth, included a son, John, who was born in 1462. John was restored to his father's estates after the reversal of the attainder by Henry VII in 1485.
Tyrone sat as a peer in the Patriot Parliament held on 7 May 1689, where the business included the attainder of most of the Protestant landowners. His regiment was one of seven which formed the garrison of Cork when John Churchill attacked it in September 1690. He and Colonel Rycault negotiated the capitulation, and the garrison became prisoners on 28 September. Tyrone was charged with treason, and sent to the Tower of London by order of the privy council dated 9 October.
John Wilde, arguing for the prosecution, admitted that none of Laud's actions amounted to treason, but argued that all of them together did. Herne, in his arguments written by Hale, retorted that "I crave your mercy, [Wilde]. I never understood before this time that two hundred couple of black rabbits would make a black horse!" The case against Laud began to fail, but Parliament issued an Act of Attainder which declared him guilty, and sentenced him to death.Hostettler (2002) p.
1431) of Cockington, Devon, was twelve times Member of Parliament for Devon, in 1407, 1410, 1411, May 1413, April 1414, Mar. 1416, 1417, 1419, May 1421, 1422, 1425 and 1426. Much of his later life was devoted to regaining the many estates and other landholdings forfeited to the crown following his father's attainder in 1388. He was an esquire in the households of King Richard II (1377–1399) and of the latter's half-brother John Holland, 1st Duke of Exeter (c.
The title had lain unused since John of Lancaster, 1st Duke of Bedford, died on 14 September 1435. However, his father and his uncle Warwick rebelled against King Edward IV the following year and were slain. An act of attainder was never passed against them, but George received no inheritance from them or from his maternal ancestors. An act of Parliament in 1475 gave the Neville inheritance in the north of England to Richard, Duke of Gloucester, husband of one of Warwick's daughters.
Sir Thomas was the son of John Dingley of Boston, Lincolnshire and his wife, Mabel, daughter of Edmund Weston. He was included in a bill of attainder passed under Henry VIII of England; another person on the same bill was Margaret Pole, Countess of Salisbury. He was accused, together with Robert Granceter, merchant, of "going to several foreign princes and persuading them to make war with the King". He had no trial, and no proof of treasonable practices was ever brought against him.
At this time the manor of Cleygate began to be carved out of the manor of Henley. As a manor, Cleygate is first mentioned when Henry VI granted the manor to his uterine brother, Jasper the Earl of Pembroke. After Jasper was attainted by Edward IV his lands were forfeited, but were passed back to him in 1485 when his attainder was reversed. After that, the Manor passed through a number of hands, reverting to the crown on more than one occasion.
On October 7, 1778, Sir James was appointed by the New York State Assembly as one of the representatives from the Southern District in the New York State Senate, to fill the vacancy caused by the death of Philip Livingston. He sat in the 2nd, 3rd, 4th and 5th New York State Legislatures. At first he was a supporter of independence. He actively promoted the Bill of Attainder and Confiscation which the legislature passed on 22 October 1779 directed at 59 loyalists.
He accompanied Shōgun Tokugawa Iemitsu on his trip to Kyoto and provided soldiers for enhanced security at Edo Castle during the Shimabara Rebellion. Following the attainder of Katō Akinari from Aizu Domain in 1643, he was assigned to take possession of Aizuwakamatsu Castle on behalf of the shogunate. He was later appointed Osaka kaban. The domain suffered during this time from flooding, followed by a great fire, and the domain's Edo residence also burned down during the Great fire of Meireki in 1657.
The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne. Paragraph IX. Right to assemble and petition. The people have the right to assemble peaceably for their common good and to apply by petition or remonstrance to those vested with the powers of government for redress of grievances. Paragraph X. Bill of attainder; ex post facto laws; and retroactive laws.
Holbein had deftly survived the downfall of his first two great patrons, Thomas More and Anne Boleyn, but Cromwell's sudden arrest and execution on trumped-up charges of heresy and treason in 1540 undoubtedly damaged his career.Wilson, 265; Schofield, 260–64. Cromwell's reluctance to arrange a divorce for Henry lay naked behind his fall, though the matter was not mentioned in the bill of attainder. Though Holbein retained his position as King's Painter, Cromwell's death left a gap no other patron could fill.
There have been six baronetcies created for persons with the surname Home (pronounced "Hume"), five in the Baronetage of Nova Scotia and one in the Baronetage of the United Kingdom. Only one creation is extant as of 2008. The Home Baronetcy, of Wedderburn in the County of Berwick, was created in the Baronetage of Nova Scotia in circa 1638 for David Home. On the death of the second Baronet in circa 1716 the heir was under attainder and the baronetcy consequently forfeited.
She was the wife of Henry St John, 1st Viscount Bolingbroke who went into exile after supporting the Pretender in the 1715 Jacobite rebellion. The inheritance came under challenge from the Crown while Bolingbroke was under attainder, and from Bolingbroke himself when he was restored and returned to England in 1725. Packer succeeded his father to Shellingford in 1731. Packer was returned unopposed as a Tory Member of Parliament for Berkshire at a by-election 5 May 1731 in succession to his father.
In 1601 he married Frances Howard (c.1572-1628), 2nd daughter of Charles Howard, 1st Earl of Nottingham and widow of Henry FitzGerald, Earl of Kildare. After her husband's attainder in 1603 the king granted her in 1604 a lease for her life of her husband's residence, Cobham Hall in Kent, where she lived "in solitary state" until her death in 1628, having in the meantime taken "no notice whatever of her husband after his trial".G. E. Cokayne, The Complete Peerage, n.s.
He was also called upon to help draft many bills. In 1691, he married as his second wife, Gwen Williams, the daughter and coheiress of Sir Robert Williams, 2nd Baronet, of Penrhyn, Caernarvonshire. He was returned unopposed for Honiton again at the 1695 English general election and signed the Association promptly. He voted to fix the price of guineas at 22 shillings on 26 March 1696 and spoke and voted for the attainder of Sir John Fenwick on 25 November 1696.
While he signed the Association in 1696, he remained a reliable Tory, opposing the attainder of Sir John Fenwick that year. With the final fall of Carmarthen, now Duke of Leeds, in 1699, Bertie lost his office as Treasurer of the Ordnance to Harry Mordaunt but regained it in 1702 with the accession of Anne. His support for an Occasional Conformity Bill in 1704 was probably the cause of his dismissal in 1705. Bertie opposed the impeachment of Henry Sacheverell in 1710.
On the death of the fourth Baronet in 1710 the next heir was under attainder and the baronetcy consequently forfeited. The Kennedy Baronetcy, of Girvan in the County of Ayr, was created in the Baronetage of Nova Scotia on 4 August 1673 for John Kennedy. The title became extinct on the death of the second Baronet in 1740. The Kennedy Baronetcy, of Culzean in the County of Ayr, was created in the Baronetage of Nova Scotia on 8 December 1682 for Archibald Kennedy.
Fortescue remained loyal to Henry, and as a result was attainted of treason. He is believed to have been given the nominal title of Chancellor of England during Henry's exile. He accompanied Queen Margaret and her court while they remained on the Continent between 1463 and 1471, and wrote De Laudibus Legum Angliae for the instruction of young Prince Edward. After the defeat of the House of Lancaster, he submitted to Edward IV who reversed his attainder in October 1471.
Sir John Gordon, 2nd Baronet (c. 1632–1665) was the eldest son of Sir John Gordon, 1st Baronet, of Haddo and Mary Forbes. He succeeded to the title of 2nd Baronet on the execution of his father for treason on 19 July 1644, but due to his father's attainder, was under forfeiture until the Restoration in 1660. On his death in 1665 without male issue the baronetcy devolved upon his younger brother, who was later created 1st Earl of Aberdeen.
On December 20, 1776, the Jauncey family was given parole. On October 22, 1779, Jauncey was banished from the new American States because of his fervent support of the British sovereign. In February 1784, he asked the New York Legislature to be sympathetic and drop their charges related to a bill of attainder; however they ignored his pleas. Jauncey’s living sons (William and John) wrote up a petition on January 22, 1790, to allow James Jauncey to return to New York.
James Guthrie was born on December 5, 1792, near Bardstown, Nelson County, Kentucky, to General Adam Guthrie (1762-1826) and his wife, the Pennsylvania-born Hannah Polk (1765-1842).Bussey, p. 396 Though his grandparents emigrated from Ireland, Guthrie was of Scottish descent.Johnson, p. 980 and his ancestor James Guthrie was a Scottish clergyman executed in 1661 after the Restoration of King Charles I (although the Scottish parliament in 1690 posthumously reversed the bill of attainder that led to his execution).
This was a plot for the assassination of Charles II. and the elevation of his illegitimate son, by Lucy Walters, the Duke of Monmouth, to the throne. Although the proof failed, Parliament adjudged them guilty. Their lives were spared, but an act of attainder was taken out against them, by which their lands passed to the Crown and themselves again committed prisoners to the Bass. On 13 June 1685 notice of his forfeiture and that of his father were recorded.
O'Doherty sought influence in London by becoming a courtier in the entourage of Henry, Prince of Wales. Despite his difficulties, O'Doherty persisted in his allegiance to the crown once he returned to Donegal. In January 1608 he sat on the Irish jury that confirmed the Act of Attainder against the absent Earl of Tyrconnell, stripping him of his lands and title for treason. He also pursued his links at court, through contacts such as the well-connected Sir Randal MacDonnell.
The trial of William Laud, archbishop of Canterbury, took place in stages in the first half of the 1640s, and resulted in his execution on treason charges. At first an impeachment, the parliamentary legal proceedings became an act of attainder. Arrested in late 1640, Laud was held initially for tactical reasons in the struggle between Charles I of England and the English parliament. When charges were actually brought, their main thrust was that Laud had run an ecclesiastical state within a state.
Entering through the Traitors' Gate she was led to her prison cell. The next day the bill of attainder received Royal Assent and Catherine's execution was scheduled for 7:00 am on Monday 13 February 1542. Arrangements for the execution were supervised by Sir John Gage in his role as Constable of the Tower. The night before her execution Catherine is believed to have spent many hours practising how to lay her head upon the block, which had been brought to her at her request.
Various petitions were filed between 1700 and 1703 with the Massachusetts government, demanding that the convictions be formally reversed. Those tried and found guilty were considered dead in the eyes of the law, and with convictions still on the books, those not executed were vulnerable to further accusations. The General Court initially reversed the attainder only for those who had filed petitions,Boyer, P., & Nissenbaum, S. (Eds.). (1977). The Salem witchcraft papers: Verbatim transcripts of the legal documents of the Salem witchcraft outbreak of 1692.
In an even greater blunder he joined the Pretender, was made Earl of Bolingbroke in the Jacobite Peerage, and took charge of foreign affairs in the Stuart court. The uprising of 1715 was badly botched and the death of Louis XIV meant the Pretender had lost his major sponsor; King Louis XV wanted peace with Britain and refused to endorse any further schemes. In March 1716, Bolingbroke switched sides again. He had lost his titles and property when Parliament voted a bill of attainder for treason.
Breyer appealed the INS decision in district court on the grounds that the new statute was a bill of attainder in violation of Article I, Section 9 of the United States Constitution and also unconstitutional under the equality clause as those inadmissible under the DPA were denied citizenship only if it was derived maternally. The district court ruled against Breyer. He also lost his deportation case in immigration court. He appealed both losses to the United States Court of Appeals for the Third Circuit.
The family estates were not forfeited on the attainder of the 3rd Earl, because his son's right to them under his marriage settlement was established before the Court of Delegates on appeal from the Forfeit Estates Commission, but the forfeiture took effect on his death in 1731. The estates were granted to Greenwich Hospital in 1735. However, after the execution of Charles Ratcliffe in 1746, his son James, Lord Kinnard, claimed them. This claim was compromised by £30,000 being paid to him and his siblings.
Darrell Issa (R-Florida) moved to incorporate that bill as an amendment to the Student Aid and Fiscal Responsibility Act of 2009 (HR 3221). Both resolutions were later nullified in a federal court ruling by Judge Nina Gershon that the measures were an unconstitutional bill of attainder. On August 13, 2010, however, a federal appeals court reversed that decision, and upheld the Congressional resolutions that cut off federal funding for ACORN. On September 23, the Internal Revenue Service removed ACORN from its volunteer tax-assistance program.
He was the eldest son of Sir John Carnegie, 2nd Baronet and his wife Mary Burnett, daughter of Sir Thomas Burnett, 3rd Baronet. In 1729, aged only thirteen, he succeeded his father as baronet. A year later, with the death of his cousin, the forfeited James Carnegie, 5th Earl of Southesk, he would have succeeded to that title also, but for the attainder. His guardians until his majority Andrew Fletcher, Lord Milton and Sir Alexander Ramsay of Balmain sent Carnegie to the University of Glasgow for education.
American Communications Association v. Douds, 339 U.S. 382 (1950), is a 5-to-1 ruling by the United States Supreme Court which held that the Taft–Hartley Act's imposition of an anti-communist oath on labor union leaders does not violate the First Amendment to the United States Constitution, is not an ex post facto law or bill of attainder in violation of Article One, Section 10 of the United States Constitution, and is not a "test oath" in violation of Article Six of the Constitution.
Thomas's uncle was Robert Hungerford (d.1355), a Member of Parliament for Wiltshire in 1316 and a commissioner to inquire into the possessions of the Despensers after their attainder in 1328, and gave much land to the hospital at Calne in memory of his first wife, Joan, to the church of Hungerford, Berkshire, and to other religious foundations. He was buried in 1355 in Hungerford Church, where an elaborate monument long existed above his grave. An inscription to his memory is still extant in the church.
1,468 Jacobites were taken prisoner, 463 of them English. George Seton, 5th Earl of Winton, William Gordon, 6th Viscount of Kenmure, William Maxwell, 5th Earl of Nithsdale, James Radclyffe, 3rd Earl of Derwentwater, and William Murray, 2nd Lord Nairne, were among those captured and later sentenced to be executed for treason under an act of attainder. However, Winton and Nithsdale escaped from the Tower of London. In May 1716 Colonel Henry Oxburgh was hung, drawn and quartered at Tyburn for his part in the rising.
He was in great demand; law reporters began recording his cases and in 1641 he advised Thomas Wentworth, the first Earl of Strafford, over his attainder for high treason. Although unsuccessful, Hale was then called to represent William Laud, the Archbishop of Canterbury, during his impeachment by the House of Lords in October 1644.Hostettler (2002) p.19 Hale, along with John Herne, argued that none of Laud's alleged offences constituted treason, and that the Treason Act 1351 had abolished all common law treasons.
Vane thought that Strafford's attainder would reconcile king and people. He commented "God send us now a happy end of our troubles and a good peace" on the passing of the bill. He did not see that it put an end to his prospects of remaining in the king's service, as its effects were for a time delayed by the difficulty of finding a suitable successor. He was even appointed one of the five commissioners of the treasury when William Juxon resigned in May 1641.
In 1711, the governor and council of Massachusetts authorized payment of £578.12s to the claimants representing twenty-three persons condemned at Salem, and the heirs of Mary Bradbury received £20. A petition to reverse the attainder of twenty-two of the thirty-one citizens convicted and condemned as a result of the trials was passed by the Massachusetts General Court in 1711. In 1957, the Commonwealth of Massachusetts reversed the stigma placed on all those not covered by earlier orders.The Salem Witchcraft Papers , etext.virginia.
He took the prisoners to London, after a suitable delay to allow Garnet to recover his strength: Garnet later reported the kind treatment he had received at Bromley's hands throughout the stay and the journey, although he was on his way to brutal execution. Bromley was not able to return to parliament until early March, well into the next session. He was initially fairly active and was a member of the committee dealing with the attainder of the Gunpowder plotters. Thereafter, his parliamentary activity steadily lessened.
Opinion in the colony was sharply divided in 1775 when Massachusetts rebelled against British rule, and Judge Jones came down squarely on the side of loyalty to Crown authority. For his disaffection from the rebellion he was kidnapped and exchanged for a friend of opposing opinions. On October 23, 1779, the New York State Legislature passed an Act of Attainder which included ex-Judge Jones's name. His estate was confiscated, and he was forced to sail with his wife to England, remaining in exile until his death.
There was no formal accusation against Richard III on the matter; the Bill of Attainder brought by Henry VII made no definitive mention of the Princes in the Tower, but it did accuse Richard of "the unnatural, mischievous and great perjuries, treasons, homicides and murders, in shedding of infant's blood, with many other wrongs, odious offences and abominations against God and man".James Orchard Halliwell- Phillipps, Letters of the Kings of England, Vol. 1 (1846), p.161.Rotuli Parliamentorum, J. Strachey (ed.), VI, (1777), p.
The idea was that Missouri would attract Northerners and European immigrants, thus generating economic growth and social progress.Martha Kohl, "Enforcing a Vision of Community: The Role of the Test Oath in Missouri's Reconstruction." Civil War History 40.4 (1994): 292-307. In 1867 the United States Supreme Court held that the federal ironclad oath for attorneys and the similar Missouri state oath for ministers, lawyers teachers, and other professionals were unconstitutional, because they violated the constitutional prohibitions against bills of attainder and ex post facto laws.
Everard de Digby or Everard Digby (1410-1461) was an English politician. He was a Member (MP) of the Parliament of England for Huntingdonshire in the Parliaments of 1439-40 and 1445–46, and for Rutland in the Parliaments of 1447, February 1449, 1449–50, 1450–51, and 1459. He fought on the Lancastrian side at the Battle of Wakefield and at the Battle of Towton, where he was killed. His estates were attainted, but his son Everard Digby successfully had the attainder lifted in 1472.
Opposed to armed conflict with the British Crown, Low quit the patriot cause after the Declaration of Independence was announced in 1776 and relocated to New Jersey, where he was imprisoned on suspicion of treason by the New Jersey Convention. He was eventually released after George Washington intervened, but after collaboration with the British occupation forces in New York, his property was confiscated after the New York assembly passed a motion of attainder in 1779. Four years later, Low emigrated to England where he died in 1791.
His ascent was recognized by both the Pope Urban VIII and the Infanta Isabella of Spain, the Royal Governor of the Spanish Netherlands. His title, Conde, or Count, was recognised in Spain but no longer in England or Ireland. The title had been granted to his great- grandfather Conn Bacach O'Neill, 1st Earl of Tyrone by Henry VIII of England, and confirmed to his father Hugh by Elizabeth I; it was forfeit by an act of attainder passed by the Irish Parliament in 1608.
John Welles was still living, and with the reversal of his attainder became Lord Welles. Joan Welles' former husband, Sir Richard Hastings, was thus no longer recognized as Lord Welles. In compensation, however, it was enacted in the same year that Hastings should be entitled, for life, to all the lands which had belonged to Joan Welles' father. Having received this grant, until his death Hastings continued to be styled, and styled himself, Lord Willoughby, to the exclusion of Christopher Willoughby, who should have inherited the title.
He succeeded to the Viscountcy of FitzWilliam in 1704, and became a member of the Irish Privy Council in 1715. He was elected a Member of Parliament for Fowey in 1727, a seat he held until 1734.leighrayment.com House of Commons: Fairfield to Fylde South His father and grandfather had been Roman Catholics, and his father had been under attainder for a time for his loyalty to James II;Ball, F. Elrington History of Dublin Alexander Thom and Co. Dublin 1902–1920 Vol.2 p.
Although there were still heirs to the older earldom, this remained under attainder. Kenneth raised the regiment of Highlanders, the 78th (later known as 72nd) in 1778, known later as the 1st battalion of the Seaforth Highlanders. The Seaforth title has twice been revived after the extinction of the second creation of the earldom in 1781. In 1797 the soldier and politician Francis Mackenzie was raised to the Peerage of Great Britain as Lord Seaforth, Baron Mackenzie, of Kintail in the County of Ross.
He later fell from power, after arranging the king's marriage to German princess Anne of Cleves. Cromwell had hoped that the marriage would breathe fresh life into the Reformation in England, but Henry found his new bride unattractive and it turned into a disaster for Cromwell, ending in an annulment six months later. Cromwell was arraigned under a bill of attainder and executed for treason and heresy on Tower Hill on 28 July 1540. The king later expressed regret at the loss of his chief minister.
Holmside Hall is an early 19th-century farmhouse and equestrian centre at Holmside, Burnhope, County Durham, England. The farm is built on the site of a medieval manor house which until 1570 was the home of Robert Tempest (High Sheriff of Durham in 1561). The family lost the manor by confiscation following his attainder for his part in the Rising of the North in 1569. The site contains the remains of a medieval moat and the farm outbuildings contain walls and fragments of the medieval manor house.
On his death in 1815 the title was claimed by his kinsman Thomas Fraser, a descendant of Thomas Fraser, second son of the fourth Lord. In 1837 he was created Baron Lovat, of Lovat in the County of Inverness, in the Peerage of the United Kingdom. However, it was not until 1854 that the attainder of the eleventh Lord was reversed, and Thomas Fraser became the twelfth Lord Lovat. He was succeeded by his son, the thirteenth Lord, who served as Lord Lieutenant of Inverness.
The west front of Thornbury Castle. The castle was begun in 1511 as a home for Henry Stafford's father, Edward Stafford, third Duke of Buckingham. Henry Stafford, 1st Baron Stafford (18 September 1501 – 30 April 1563) was an English nobleman. After the execution for treason in 1521 and posthumous attainder of his father Edward Stafford, 3rd Duke of Buckingham, with the forfeiture of all the family's estates and titles, he managed to regain some of his family's position and was created Baron Stafford in 1547.
Deprived of office by the new king in 1714, Mar raised the standard of rebellion against the Hanoverians; at the battle of Sheriffmuir in November 1715, Mar's forces outnumbered those of his opponent, but victory eluded him. At Fetteresso his cause was lost, and Mar fled to France, where he would spend the remainder of his life. The parliament passed a Writ of Attainder for treason against Mar in 1716 as punishment for his disloyalty, which was not lifted until 1824. He died in 1732.
The second brother, Edmund (c. 14711513), succeeded his father while still in his minority. His estates suffered under the attainder of his brother, and he was compelled to pay large sums to Henry VII for the recovery of part of the forfeited lands, and also to exchange his title of duke for that of earl. In 1501 he sought out Maximilian I, Holy Roman Emperor, in Tyrol and received from him a promise of substantial assistance in case of an attempt on the English crown.
Oxford had sold his inherited lands in Cornwall, Staffordshire, and Wiltshire prior to his continental tour. On his return to England in 1576 he sold his manors in Devonshire; by the end of 1578 he had sold at least seven more. In 1577 Oxford invested £25 in the second of Martin Frobisher's expeditions in search of the Northwest Passage. In July 1577, he asked the Crown for the grant of Castle Rising, which had been forfeited to the Crown due to his cousin Norfolk's attainder in 1572.
In 1542, Henry sought to execute his fifth wife, Catherine Howard, whom he accused of committing adultery; the execution was to be authorised not after a trial but by a bill of attainder, to which he would have to personally assent after listening to the entire text. Henry decided that "the repetition of so grievous a Story and the recital of so infamous a crime" in his presence "might reopen a Wound already closing in the Royal Bosom".Quennell, Peter (1951). "History Today", Stanford University. p767.
Monmouth's execution on Tower Hill, 15 July 1685 (O.S). Monmouth fled from the field of battle, but was captured in a ditch on 8 July (either at Ringwood in the New Forest, or at Horton in Dorset). Parliament had passed an Act of Attainder, on 13 June sentencing Monmouth to death as a traitor, therefore no trial was needed before his execution. Despite begging for mercy and claims of conversion to Roman Catholicism, he was beheaded at Tower Hill by Jack Ketch on 15 July 1685.
"As already stated, reliance on hearsay is plainly allowed. Furthermore, reliance on newspaper articles has been permitted to 'fill in evidentiary gaps when there is corroboration,' as well as to provide background information", Bates explained in his judgement. Bates stated "the Court finds that this claim must be dismissed because (1) the bill of attainder clause does not apply to acts taken by a regulatory agency and (2) even if it did, the clause is not triggered here, because there was no action constituting 'punishment'".KADI v.
John Butler (died 1766), known as John Butler of Kilcash, a member of the Irish landed gentry, was de jure 15th Earl of Ormonde and 8th Earl of Ossory. He did not assume these titles as he thought them forfeit by the attainder of the 2nd Duke of Ormond. He did, however, inherit the Ormond estate from the 1st Earl of Arran through his sister Amelia. In 1791, the title of Earl of Ormond would be successfully claimed by his cousin, the 17th Earl.
In addition to various enumerated powers, Section 8 grants Congress the power to make laws necessary and proper to carry out its enumerated powers and other powers vested in it. Section 9 places various limits on the power of Congress, banning bills of attainder and other practices. Section 10 places limits on the states, prohibiting them from entering into alliances with foreign powers, impairing contracts, taxing imports or exports above the minimum level necessary for inspection, keeping armies, or engaging in war without the consent of Congress.
Google Books. and her mother had been arrested the previous October after the latter had ordered an assault upon Queen consort Isabella after refusing her admittance to Leeds Castle where Baron Badlesmere held the post of governor. Maud's mother, Baroness Badlesmere, remained imprisoned in the Tower of London until 3 November 1322, cites although it is not known when Maud and her siblings were released. Her brother Giles obtained a reversal of their father's attainder in 1328, and he succeeded to the barony as 2nd Baron Badlesmere.
Google Books The male line failed and Margaret Bassett heiress to the estate married Edmund Lord Stafford. The estate remained in the ownership of the Earl of Stafford until the attainder and execution of the Duke of Buckingham (the 7th Earl) in 1483, when it passed to the Crown. Thereafter several owners included the Earl of Leicester and from about 1600, the Earl of Essex. The latter's descendants sold the estate in about 1790 to Robert Peel (1750–1830) a Lancashire textile manufacturer, who was Member of Parliament for Tamworth 1790-1820.
Henry VII of England, Margaret's only child After her son's victory at the Battle of Bosworth Field, the Countess was referred to in court as "My Lady the King's Mother". Beaufort was well rewarded for her lifelong endeavors; her son’s first Parliament reversed the attainder against her and named her a “feme sole”. This title, previously reserved almost exclusively for queens, granted Beaufort considerable legal and social independence from men. She was allowed to own property separately from her husband (as though she were unmarried) and sue in court – two rights denied her contemporary women.
170 in Devon, formerly a possession of the Courtenay family, following the 1538 attainder and execution of Henry Courtenay, 1st Marquess of Exeter, a relative of his step-father Arthur Plantagenet, 1st Viscount Lisle. He was the second son of Sir John Basset (1462–1528) of Umberleigh in Devon by his second wife Honor Grenville, who was the sister of Sir Richard Grenville the Elder (died 1550) and later wife of Arthur Plantagenet, Viscount Lisle (an illegitimate son of King Edward IV and thus an uncle of King Henry VIII).
Walter Hungerford was the only son of Walter Hungerford, 1st Baron Hungerford of Heytesbury, and his first wife, Susan Danvers, daughter of Sir John Danvers of Dauntsey, Wiltshire, by the heiress Anne Stradling. Hungerford succeeded his father on 28 July 1540. By an Act of Parliament in 1542 he was restored in blood, but did not immediately regain his father's title and lands. He was granted land by Edward VI in 1552, and in 1554 Queen Mary granted him the confiscated estate of Farleigh Hungerford, in Somerset, when the attainder on his father was reversed.
In light of the repeated abuses by ex post facto laws passed by the state legislatures, 1783–1787, the Constitution prohibited ex post facto laws and bills of attainder to protect United States citizen property rights and right to a fair trial. Congressional power of the purse was protected by forbidding taxes or restraint on interstate commerce and foreign trade. States could make no law "impairing the obligation of contracts." To check future state abuses the framers searched for a way to review and veto state laws harming the national welfare or citizen rights.
Following the acts of attainder, Angus received the vast fiefdom and superiority of the Lordship of Douglas, obtaining a charter of confirmation in 1457 In 1460, Angus accompanied King James to the siege of Roxburgh Castle, held by the English. The castle, which had been a thorn in the side of successive Scottish monarchs, contained a garrison loyal to the House of York. James had decided to back the House of Lancaster. On the 3rd of August James' queen, Mary of Gueldres, had arrived to inspire enthusiasm amongst the besiegers.
Stafford Castle, seat of the feudal barony of Stafford. Almost the entire surviving building dates from a reconstruction in 1813 by the Jerningham family The feudal barony of Stafford was a feudal barony the caput of which was at Stafford Castle in Staffordshire, England. The feudal barons were subsequently created Barons Stafford (1299) by writ, Earls of Stafford (1351) and Dukes of Buckingham (1444). After the execution of the 3rd Duke in 1521, and his posthumous attainder, the castle and manor of Stafford escheated to the crown, and all the peerage titles were forfeited.
In 1354, Mortimer's grandson succeeded, in a court case against Montagu's son, in having the lordship returned to his family. The basis of the decision was that the Montagus did not have lawful title to the lordship following the reversal of the 1330 attainder of Mortimer's grandfather. The Montagus refused to accept the decision and continued to fight, unsuccessfully, for the return of the lordship until at least 1397. The contest between the Montagus and the Mortimers over the lordship of Denbigh became one of the most celebrated aristocratic land disputes of the 14th century.
According to Gunn, Oxford was 'immediately recognized as one of the great men of Henry VII's regime'. His attainder was repealed, he was restored to his estates and titles, and received many appointments and grants, including appointment as Lord Admiral on 21 September, and chief steward of the Duchy of Lancaster south of Trent and Constable of the Tower of London on 22 September 1485. He was also appointed the first Captain of the Yeomen of the Guard. He was sworn of the Privy Council, and recognized as Hereditary Lord Great Chamberlain of England.
Like his father he was a supporter of King Richard II (1377–1399), during the period of that king's reign when he was challenged by Henry Bolingbroke (later King Henry IV (1399–1413)). In 1391 he became an esquire in the household of King Richard II and in 1392 was also an esquire in the household of Richard's half-brother John Holland, 1st Duke of Exeter, 1st Earl of Huntingdon (c. 1352 – 1400). These connections helped to mitigate the effects of his father's attainder, and he received several grants of land from about 1392.
He died suddenly of pleurisy a month later on 11 June 1511, leaving his only surviving son, Henry Courtenay (d.1539), to inherit the earldom.. In December 1512 Henry Courtenay (d.1539) obtained by Act of Parliament the reversal of the 1504 attainder of his father, William Courtenay. In 1512 he thus inherited the earldom of Devon as held by his grandfather, having at his father's death the previous year already inherited the earldom conferred by patent on his father in 1511.. In 1525 he was created Marquess of Exeter by Henry VIII.
The fifth Earl was a Jacobite sympathiser and supported the Earl of Mar in favour of James Stuart, the Old Pretender, in an unsuccessful rebellion in 1715 known as the Fifteen, or Lord Mar's Revolt. For his role in the rebellion the Hanoverian government passed a Writ of Attainder for treason against Lord Carnwath in 1716. He was sentenced to death, with his titles and what then remained of the estates being forfeited. The death sentence was later to be remitted by virtue of the Indemnity Act 1717.
The title of Earl of Wigtown (or Wigton or Wigtoun) was created twice in the Peerage of Scotland. The first creation was in 1341 for Malcolm Fleming, and was surrendered in 1372, when the second Earl sold the Earldom and territory to Archibald the Grim, Lord of Galloway. The transfer was confirmed by Robert III later in the same year.Fraser, Vol I, pp328-30 The Douglas family, Earls of Douglas, held the Earldom of Wigtown for the next hundred years, until the attainder of the 9th Earl of Douglas in 1455.
William Russell, Lord Russell, cousin of Thomas Walcot, was also convicted and executed. Algernon Sidney,Algernon Sidney was the great-Grandson of Sir Henry Sidney and Charles Walcot, the grand Father of Thomas Walcot was the ward of Sir Henry the result of the old feudal system was convicted on weaker evidence by Judge George Jeffreys, 1st Baron Jeffreys, who was brought in as Lord Chief Justice in September 1683. Thomas Walcot was exonerated by the reversal of attainder in 1696 in favor of his eldest son, John under William III of England.
The Geraldine connection proved disastrous for Delahide when, on the false report of his father's death, the 9th Earl of Kildare's son and heir Thomas, nicknamed "Silken Thomas" rebelled against Henry VIII. The judge pleaded that he was completely loyal to the Crown, but apart from his own ties to the FitzGerald family, the main supporters, if not instigators, of the rebellion were the Delahides of Moyclare. The "most false disloyal traitor" James Delahide,An Act for the Attainder of the Earl of Kildare and others 28 Hen. VIII c.
In January 1554 Digges took part in an unsuccessful rebellion led by the Protestant Sir Thomas Wyatt, who opposed the projected marriage between Philip II of Spain and England's new Catholic Queen, Mary I. Digges was convicted of high treason, attainted, and condemned to death. His life was pardoned on 1 April 1554, but according to Johnston 'his lands and goods, which had been seized after his attainder, continued to be held subject to payment of recognizances to the crown'. In February 1555 Digges was fined 400 marks.
The Widdringtons were an ancient Northumbrian family who gave their name to (or took their name from) the village, near Morpeth, Northumberland. In the 17th century the family were strongly Royalist. William Widdrington, 4th Baron Widdrington, joined Derwentwater and other Northumberland families in the Jacobite rising of 1715 and (together with his brothers Charles and Peregrine) was captured at the Battle of Preston (1715). As a consequence of the subsequent attainder of the brothers, the Widdrington estates were sequestered and sold by the Crown, and the title was forfeited.
During and after the American Revolutionary War, many Loyalists were deprived of life, liberty or property or suffered lesser physical harm, sometimes under acts of attainder and sometimes by main force. Parker Wickham and other Loyalists developed a well-founded fear. As a result, many chose or were forced to leave their former homes in what became the United States, often going to Canada, where the Crown promised them land in an effort at compensation and resettlement. Most were given land on the frontier in what became Upper Canada and had to create new towns.
After 1691, measures passed by the 1689 Parliament were annulled, penal laws barred Catholics from public life, while the Act of Attainder was used to justify further land confiscations. 12,000 Jacobite soldiers went into exile in the diaspora known as the Flight of the Wild Geese, the majority of whom were later absorbed into the French Irish Brigade. About 1,000 men were recruited for the French and Spanish armies annually, many with a "tangible commitment to the Stuart cause". Elements of the French Irish Brigade participated in the Scottish Jacobite rising of 1745.
Both Thomas and Henry owned property in the town, and their seats at Halland and Stanmer Park, respectively, were nearby. At the 1695 election, the brothers arranged their return for both seats at Lewes. In the House, Henry regularly supported the Government, signed the Association in February 1696, and voted for the attainder of Sir John Fenwick. In May 1697, Thomas was again named a Lord of the Treasury, and obtained for Henry the office of Clerk of the Pells when it was vacated by the death of William Wardour in January 1697/8.
A title goes into abeyance if there is more than one person equally entitled to be the holder. In the past, peerages were sometimes forfeit or attainted under Acts of Parliament, most often as the result of treason on the part of the holder. The blood of an attainted peer was considered "corrupted", consequently his or her descendants could not inherit the title. If all descendants of the attainted peer were to die out, however, then an heir from another branch of the family not affected by the attainder could take the title.
By this time, 1603, he had managed to reacquire most of his family's estates lost by his father's attainder. Those in Leicestershire centred on Bradgate House in its manor of Groby, a few miles from Leicester. As the new Lord Grey of Groby, aged 58, he took up residence at Bradgate and devoted most of his energies to strengthening his family's position in the County. This included reviving the feud and intense competition between the Greys and the Hastings earls of Huntingdon which had enlivened and divided Leicestershire for much of the early sixteenth century.
Turner, unlike his father, took the side of the King and his ministers rather than against them. He was one of the minority who voted against Strafford's attainder, and when the Civil War broke out immediately joined the Royal army and was commissioned as a Captain. He led a Royalist force to victory over the Parliamentarians in a skirmish near Henley-on-Thames in 1643. He was disabled from sitting in the Commons for his Royalist sympathies in 1644, and sat in the King's Oxford Parliament when it met later that year.
On 3 October 1485, she wrote to John Paston, who was married to her cousin. The letter, which she had written from the Isle of Sheppey, mentioned how she had wished to send her children to Thorpe, pointing out that Paston had pledged to send her horses as a means of transporting them there. She continued to complain that Lord FitzWalter, an adherent of the new king Henry VII, had dismissed all of her servants; however, because of the stipulations in her husband's attainder, FitzWalter was unable to appropriate her manor of Askwell.Kathy Lynn Emerson.
The Jacobite title of Duke of Mar was conferred on John Erskine, 6th/23rd Earl of Mar, by the Jacobite pretender James III and VIII. He was created Duke of Mar, Marquess Erskine or Marquess of Stirling, Earl of Kildrummie, Viscount of Garioch and Lord Alloa, Ferriton and Forrest in the notional Peerage of Scotland in 1715, with the same remainder as his Earldom, i.e. to heirs- general. The Duke's attainder by the government of the Hanoverian George I the following year was, of course, not recognised in Jacobite circles.
He was made Baron Raby in 1640, at the same time he was given the earldom. In 1641, he was attainted. His son, William, successfully had the attainder reversed in 1662, becoming the second earl, but died without heirs in 1695 when the barony of Wentworth, viscountcy and earldom became extinct. He was succeeded in the barony of Raby according to a special remainder by his first cousin once removed, Thomas Wentworth, who became the third Baron. He was the grandson of Sir William Wentworth, younger brother of the first Earl of the 1640 creation.
After King Richard's death in 1485, Warwick, only ten years old, was kept as prisoner in the Tower of London by Henry VII. His claim, albeit tarnished, remained a potential threat to Henry, particularly after the appearance of the pretender Lambert Simnel in 1487. In 1490, he was confirmed in his title of Earl of Warwick despite his father's attainder (his claim to the earldom of Warwick being through his mother). But he remained a prisoner until 1499, when he became involved (willingly or unwillingly) in a plot to escape with Perkin Warbeck.
Following the failed Jacobite rising of 1715, Iain Dubh, chief of Clan Mackinnon, lost his lands under the Act of Attainder. His forfeited lands were then bought from the Government by the chief of Clan Grant and then handed over to Iain Dubh's heirs. The author, Charles MacKinnon, claims that there can be no reason that a chief, so far removed from the Isle of Skye, bought another clan's lands and then gave them back - other than a belief in common ancestry. And that the two clans belonged to the same family, Siol Alpin.
For instance, in the United States, the President may not issue pardons in cases of impeachment. The Senate can at most remove the accused from office and bar them from future offices of public trust or honour, the accused remaining liable to trial and punishment in the lesser courts after such trial. ;Incidence Impeachment was originally used to try those who were too powerful to come before the ordinary courts. During the reign of the Lancastrians, impeachments were very frequent, but they reduced under the Tudors, when bills of attainder became the preferred method.
Colonel Francis Charteris is still in Newgate.' On 10 April 1730, George II granted him a royal pardon after a campaign that included the Scottish Lord Advocate Duncan Forbes, who rented a house from Charteris in Edinburgh, and Anne Bond herself, possibly prompted by the promise of an annuity. As a convicted felon, his property should have been forfeit under the doctrine of attainder, but he petitioned the King for its return. In composition (fine) for his offence, he paid substantial sums to the Sheriffs of London and Middlesex.
Murray's memorial, Bonifacius Church, Medemblik In March 1747, Murray journeyed to Rome for an audience with James, who granted him a pension. Charles asked his father to imprison him and the two never met again, though Murray continued to write both to Charles and to his secretary reiterating his loyalty. His wife Amelia later joined him in exile and after travelling around Europe, they eventually settled in Medemblik where Murray died on 11 October 1760. Despite his attainder, his son succeeded James Murray as Duke of Atholl in 1764.
On 30 January 1849, he succeeded as the 6th Baronet Carnegie, of Pittarrow, co. Kincardine in the Baronetage of Nova Scotia. On 2 July 1855, after the original precedence by reversal by Act of Parliament of the Act of Attainder, he succeeded as the 9th Lord Carnegie of Kinnaird, the 9th Lord Carnegie of Kinnaird and Leuchars, and the 9th Earl of Southesk, all in the Peerage of Scotland. On 7 December 1869, he was created 1st Baron Balinhard, of Farnell, Forfar in the Peerage of the United Kingdom.
The buildings was granted in 1540 to Seymour, Earl of Hertford, afterwards Duke of Somerset; and on his attainder (fall) in 1552 in the brief Tudor reign of Edward VI of England, Henry Grey, Duke of Suffolk kept house on the site. On 26 January 1557, Queen Mary replaced the Carthusian monks in their house of Sheen, making Maurice Chauncy their new prior, and granting them a moderate endowment. With the accession of Elizabeth however the few religious houses that Mary had refounded were again dissolved, and Sheen once more became Crown property.
The writ for Shane to be named the second Earl of Tyrone was written, but held up on Dublin. Shane rebelled and was killed before he could be invested and in 1569, the retrospective attainder of Shane O'Neill banned the use of the title of The O'Neill Mór. The title The O'Neill Mór was not a patrilineal hereditary one, but was conferred on the man elected and inaugurated to rule Tír Eoghain. The title did not have to be from a Tyrone sept, as at least two Clannaboy chiefs also served as The O'Neill Mór.
He fell into a state of depression, but on the scaffold gathered his resolve and, according to the 16th-century historian William Camden, declared that "he loved the Queen as well as he loved Jesus Christ". The crowd roared with derision and laughter, taking this, from a man of Jewish background, for a thinly veiled confession. Lopes' property was forfeited on his attainder. His widow Sarah petitioned the Queen to be allowed to keep his estate; the Queen kept the ring given to Lopes' daughter by the Spanish, but returned the rest.
Matsudaira Katataka was born to Matsudaira Yoshikazu, the daimyō of Takasu Domain, in Mino Province, and was the grandson of Tokugawa Harumori of Mito Domain. HIs youth name was Keizaburō (慶三郎). With the unexpected death of Matsudaira Katahiro without heir following so soon after Matsudaira Kataoki, the domain was in danger of attainder. To prevent this, the rōjū of the domain renamed Keizaburō as "Katataka" and passed him off to the Shogunal authorities as a posthumous son of Matsudaira Kataoki, and thus a younger brother to Katahiro.
The estate was confiscated by the Crown following the attainder and execution of Sir John and Lady Bulmer for high treason arising out of their part in the Pilgrimage of Grace in 1536. The manor was restored to their son but was lost again, by sequestration in 1644, following Sir William Bulmers opposition to Parliament during the English Civil War. It was again later restored but the castle had been sleighted by Parliamentary forces and made uninhabitable. The estate was purchased in about 1806 by John Lowther of Swillington, brother of the Earl of Lonsdale.
Armoured portrait by Rubens Arundel was born in relative penury, at Finchingfield in Essex on 7 July 1585. His aristocratic family had fallen into disgrace during the reign of Queen Elizabeth I owing to their religious conservatism and involvement in plots against the Queen. He was the son of Philip Howard, 13th Earl of Arundel, and Anne Dacre, daughter and co-heiress of Thomas Dacre, 4th Baron Dacre of Gilsland. He never knew his father, who was imprisoned before Arundel was born, and owing to his father's attainder he was initially styled Lord Maltravers.
After his body had been cut down and quartered it was buried in the church of St Lawrence by the Guildhall. On 30 January 1689 an act of parliament was passed reversing the attainder of Cornish. An account of Cornish's trial appeared in 1685; his last speech in the press-yard of Newgate was issued, together with the last words of Richard Rumbold. Remarks on the Tryal of Henry Cornish, an attack on the judicial procedure at the trial, was written by Sir John Hawles, solicitor-general under William III.
His companions remained there until 12 February 1684 when an appeal to the Court of King's Bench to release them on bail was successful. On 21 May 1685 Arundell, Powis, and Belasyse came to the House of Lords to present petitions for the annulling of the charges and on the following day the petitions were granted. On 1 June 1685 their liberty was formally assured on the ground that the witnesses against them had perjured themselves, and on 4 June the bill of attainder against Stafford was reversed.
Lord and Lady Bergavenny had one daughter Mary Neville, Baroness Le Despenser (25 March 1554 – 28 June 1626). Mary gained the title of suo jure 3rd Baroness le Despenser. She had claimed the succession to the Barony of Bergavenny, but this was settled on her cousin, Edward Nevill. The first, second, and fourth creations of Baron le Despenser had been under attainder from 1400 upon the death of Mary's ancestor, Thomas le Despencer, 2nd Baron le Despencer (1373–1400) and became abeyant as well in 1449 after the death of the infant Lady Anne Beauchamp.
The Royal Assent by Commission Act 1541 (33 Hen 8 c 21) was an Act of the Parliament of England, passed in 1542Acts of Parliament were dated according to the year in which the session of Parliament began, rather than the year in which the Act was passed. to authorise the execution of Catherine Howard for adultery. It also created a new way in which the Royal Assent could be granted to legislation. Queen Catherine was to be convicted by bill of attainder, rather than by ordinary prosecution in a court of law.
The basis behind the argument of the term is based on whether it should be considered just and legal for a law to treat various parties unequally. For example, in the US Constitution the prohibition on bills of attainder require that laws do not single out a single person or group of persons for specific treatment. Another example is the equal protection clause in the Fourteenth Amendment. Both sides argue that the other side is or has traditionally been singled out and so the law is either needed or unnecessary.
Hyde represented Salisbury in the Short Parliament and the Long Parliament, professed loyalist principles, voted against the bill for the attainder of Strafford, and was accordingly included in the list of the minority, whose names were placarded as betrayers of their country. Having joined the king at Oxford, he was voted a malignant by parliament, and incapacitated from sitting in the house. He was committed to the Tower from 4 to 18 Aug. 1645, and on 11 May 1646 was deprived of the recordership of Salisbury, He then retired into private life.
Monckton was aligned with the Country Whigs, a provincial Member backing the Whig ministry on many measures, but unwilling to countenance the more vindictive policies of the Junto. However, unlike Robert Harley, the most prominent of the Country party, he remained a committed Whig and did not drift toward the Tories. Monckton was a reliable supporter of the King's economic demands, voting, for example, to fix the guinea at 22 shillings. However he voted against the attainder of Fenwick, the failed and pathetic Jacobite conspirator on 25 November 1696.
In the debate on the attainder he spoke on behalf of Strafford's family, and later obtained some favours from the parliament for his eldest son. In all other matters in Parliament Holles took a principal part. He was one of the chief movers of the Protestation of 3 May 1641, which he carried up to the Lords, urging them to give it their approval. Although, according to Clarendon, he did not wish to change the government of the church, he showed himself at this time decidedly hostile to the bishops.
After several years in power, Strafford was impeached by a Parliament now very hostile to him. When that process failed, it passed a bill of attainder for his execution without trial, and it put enough pressure on Charles that to his subsequent regret, Charles signed it, and Strafford was executed in 1641. There were later minister-favourites in England, but they knew that the favour of the monarch alone was not sufficient to rule, and most also had careers in Parliament. Prince Grigori Potemkin In France, the movement was in the opposite direction.
145, 146; Adams 2008a When their attainder had been lifted in 1558, the Dudley brothers had renounced any rights to their father's possessions or titles. Yet on 25 and 26 December 1561 Ambrose Dudley was created Baron Lisle and Earl of Warwick, and the next year received a large portion of the lands confiscated from the Duke of Northumberland.Adams 2008a; Wilson 1981 p. 132 Warwick Castle--which the Queen visited on her 1572 summer progress--became his seat, while the neighbouring Kenilworth Castle became that of Robert Dudley.
It is presumed he was with Henry at the Battle of Bosworth. Little more than a month later, on 29 September 1485, the new king appointed him one of the chamberlains of the receipt of exchequer, Master of the Ordnance and of the Armouries, with houses on Tower Wharf, and keeper of the royal manor of Kennington, where the king took up his abode before his coronation. When Henry's first parliament met, his attainder was reversed. As master of the armoury he had to prepare the ‘justes’ for the king's coronation.
In the Westminster system (and especially in the United Kingdom), a similar concept is covered by the term "private bill" (a bill which upon passage becomes a private Act). Note however that "private bill" is a general term referring to a proposal for legislation applying to a specific person; it is only a bill of attainder if it punishes them; private bills have been used in some Commonwealth countries to effect divorce.Paul Millar and Sheldon Goldenberg (1998). "Explaining Child Custody Determinations in Canada", Canadian Journal of Law and Society, Vol.
He had poor health since childhood. He departed Edo for his domain in June 1838, but died shortly after reaching Fukui in September of the same year. Under most circumstances, this would have been cause for attainder of the domain; however, through the quick intervention of Asahime, a cousin (Matsudaira Shungaku) was chosen as his posthumous successor, and the official date of Narisawa's death was changed to show that a successor had been appointed before he died. During the short period that he was daimyō, Narisawa had no impact on domain affairs.
Clarendon was impeached by the House of Commons for blatant violations of Habeas Corpus, for having sent prisoners out of England to places like Jersey and holding them there without benefit of trial. He was forced to flee to France in November 1667. The King made it clear that he would not defend him, which betrayal of his old and loyal servant harmed Charles' reputation. Efforts to pass an Act of Attainder against him failed, but an Act providing for his banishment was passed in December and received the royal assent.
At the parliament of 1459 he gained his revenge on the Duke of York by helping to draw up the bill of attainder declaring York and his leading followers to be traitors. In 1460 he was captured after the Battle of Northampton and brought back to London as a prisoner and once more stripped of his offices. He escaped from prison, but was recaptured and sent to the Tower. He escaped a second time but on 17 February 1461 was caught in Harringay by a London mob and summarily beheaded.
Thomas, Lord Erskine, son of John, 6th and 23rd Earl of Mar was initiated in Lodge Kilwinning Scots Arms, Edinburgh, No.3, in 1736. His name is second on the list of registrations in Grand Lodge made by Kilwinning Scots Arms in 1739. This Lodge had large military personnel and is now defunct. Lord Erskine, being under the shadow of his father's attainder, and being denied succession to the title of Earl of Mar, led the quiet life of a country gentleman and had more time to devote himself to the study of Freemasonry.
In 1571 he was attainted, and all his honours forfeited. After her husband's attainder, the Queen granted Jane a pension of £200 for life.. In the events which preceded the Northern Rebellion in 1569, the Countess had more to do with raising the troops than her husband did. She was well educated but perhaps not the cleverest of women when it came to understanding political machinations. She was first to urge the rebels to rise up against Elizabeth I of England, and yet she expected Elizabeth to pardon her when they failed.
When his father became Lord Chancellor of Ireland in 1639, Edward was appointed Chief Baron in his place, and frequently went as a judge on the Northwestern Circuit. The troubles of the English Civil War led to the attainder and execution of their patron Strafford, his father's impeachment and his own removal from office. He spent the years 1642-44 in England.Ball The Judges in Ireland 1221-1921 However in time he made his peace with Oliver Cromwell: he acted as a judge of the High Court of Justice in 1652-3.
Many writers have described Lady Alice's execution as a judicial murder: Gilbert Burnet called her the first martyr of the Bloody Assizes.Burnet History of His Own Time Everyman Abridged edition 1979 pp.234-5 One of the first acts of parliament of William and Mary after the Glorious Revolution was to reverse her attainder on the grounds that the prosecution was irregular and the verdict injuriously extorted by "the menaces and violences and other illegal practices" of Judge Jeffreys. In fact, Jeffreys seems to have followed the strict letter of the law of the time.
In 1468 both Desmond and Kildare were attainted and their lands forfeited and Desmond was beheaded at Drogheda on 14 February 1468 at the age of 42. Kildare was more fortunate: he escaped to England. Edward IV discovered Ireland was ungovernable without the support of Kildare, replacing the now deceased Desmond, and Kildare's attainder was reversed.Wagner, John A. Encyclopedia of the Wars of the Roses, ABC-CLIO, 2001 Thomas became Lord Deputy again under George Plantagenet, 1st Duke of Clarence from 1470 until the Duke's death in 1478.
6 In 1554, two years after his father's death, when he was about twenty-one, the Arundells were "restored in blood", meaning that their father's attainder was reversed so far as it affected them, and Arundell gradually succeeded in regaining most of his father's lost estates in Dorset and Wiltshire. Arundell had been contracted to marry Katherine, one of the daughters of Thomas Wriothesley, 1st Earl of Southampton, but in the event she married Sir Thomas Cornwallis.G. P. V. Akrigg, Shakespeare and the Earl of Southampton (London: Hamish Hamilton, 1968), pp.
In 2003-05, Bataillon heard Citizens for Equal Protection v. Bruning, a federal constitutional challenge to Nebraska Initiative Measure 416, a voter initiative constitutional amendment that prohibited Nebraska from recognizing same-sex marriages or unions. In November, 2005, Bataillon ruled that Initiative Measure 416 was unconstitutional under the Equal Protection Clause, the First Amendment, and the Contract Clause's prohibition on bills of attainder. Bataillon became the first judge in the U.S. to invalidate a state marriage amendment defining marriage as between a man and a woman on federal constitutional grounds.
Accessed 27 September 2017. This became the de facto seat of the lord of the manor title inherited from the 1st Baronet from Viscount Grandison, buried there with great pomp in 1648. In 1742 the then Lord Bolingbroke, who, in spite of his attainder, had been enabled to inherit the estate by an Act of 1725, lent the manor house to his friend Hugh Hume, 3rd Earl of Marchmont. Later he settled there himself, either in 1743 or early in the following year and there spent the remainder of his life.
Johan Jost Herkimer found permanent refuge in Canada. His wife, Mary, applied for permission to join him in his new country but New York Governor George Clinton refused, saying that no Loyalist women or children would be permitted to leave until the captives taken by Butler and Brant in their raids had been returned. The New York Legislature passed laws in October 1779 confiscating the property of Loyalists. Johan Jost Herkimer was through a Bill of Attainder declared a traitor and his lands declared forfeited to the state.
Following the Battle of Tewkesbury in May 1471, he was again reported dead, executed along with other Lancastrian prisoners, but again this was a false report, and he survived to be pardoned in December 1471. He was returned to Parliament a third or fourth time, for Grimsby, in the Parliament of 1472-75, where he successfully arranged for his attainder to be annulled. He rose again under the new regime, being made a justice of the peace in 1475 and securing sinecure posts overseeing the Port of London in 1477 and 1478.
In 1696, Erle was made a Major- General. He voted for the attainder of Sir John Fenwick on 25 November 1696 and spoke against a reduction of the military establishment on 8 January 1698. At the 1698 English general election, under a sharing agreement with a Tory, George Pitt, he had his nephew returned at Warham and was himself returned unopposed as MP for Portsmouth on the government interest. Erle was a Court supporter and spoke and voted against the third reading of the disbanding bill on 18 January 1699.
Normally, the Lord Chancellor presided during trials; when a peer is accused of high treason, however, the Lord High Steward must preside. By convention, however, the Lord Chancellor would be appointed Lord High Steward for the duration of the trial—the post of Lord High Steward ceased to be regularly filled in 1421, being revived only for trials of peers and for coronations. Whilst impeachments are still possible, no impeachment has occurred since 1806. Finally, it was possible for Parliament to pass an Act of attainder, which pronounces guilt without a trial.
This may have been open to abuse, either by avaricious monarchs or by parliament when little (if any) evidence was available to secure a conviction. There was a complex and ceremonial procedure used to try treason cases, with a strict requirement for a minimum of two witnesses to the crime. In 1832 the death penalty was abolished for treason by forging seals and the Royal sign manual.Forgery, Abolition of Punishment of Death Act 1832 In 1870, attainder was abolished. In the same year in England,Forfeiture Act 1870, s. 31.
The first (High) Shrievalties were established before the Norman Conquest in 1066 and date back to Saxon times. In 1908, an Order in Council made the Lord-Lieutenant the Sovereign's prime representative in a county and reduced the High Sheriff's precedence. Despite however that the office retained his responsibilities for the preservation of law and order in a county. County Tipperary was a liberty administered by the Earls of Ormond, who thereby appointed the Sheriff, until it was extinguished as part of the second Duke's attainder for supporting the Jacobite rising of 1715.
Retrieved 8-11-10 She was eight years old at the time and had been married for five years to her first husband; although the marriage had not yet been consummated due to her young age. In 1328, Elizabeth's brother Giles obtained a reversal of his father's attainder, and he succeeded to the barony as the 2nd Baron Badlesmere. Elizabeth, along with her three sisters, was a co-heiress of Giles, who had no children by his wife. Upon his death in 1338, the barony fell into abeyance.
Lady Jane acted as chief mourner at Catherine Parr's funeral; Thomas Seymour showed continued interest to keep her in his household, and she returned there for about two months before he was arrested at the end of 1548. Seymour's brother, the Lord Protector, Edward Seymour, 1st Duke of Somerset, felt threatened by Thomas' popularity with the young King Edward. Among other things, Thomas Seymour was charged with proposing Jane as a bride for the king. In the course of Thomas Seymour's following attainder and execution, Jane's father was lucky to stay largely out of trouble.
In 1503 Flattisbury made for FitzGerald a compilation styled the Red Book of the Earls of Kildare. This volume consists mainly of documents connected with or bearing upon the lands and possessions of the Geraldine house of Kildare. This volume was sought for eagerly, but in vain, by the governmental agents at the time of the attainder of the heads of the house of Kildare in 1537. Formerly in the possession of the Duke of Leinster,DNB the original manuscript was bought by Trinity College, Dublin in 1984, and has been edited by Gearóid MacNiocaill.
Tilehurst was first recorded in 1291, when it was listed as a hamlet of Reading in Pope Nicholas III's taxation. At this time, the settlement was under the ownership of Reading Abbey, where it stayed until the Dissolution of the Monasteries. Tilehurst became an extensive parish, which included the tything of Theale as well as the manors of Tilehurst, Kentwood, Pincents and Beansheaf. In 1545, Henry VIII granted the manor of Tilehurst to Francis Englefield, who held it until his attainder (and forfeiture of the manor) in 1586.
Webb, Alfred. A Compendium of Irish Biography. Dublin: 1878. The king felt the need to make amends to the dead earl’s family, for in an attempt to conciliate Thomas’ son, James, who was then about twenty years of age, and whose title to the earldom the king clearly acknowledged immediately and unequivocally, despite Tiptoft’s act of attainder, Edward IV granted him the palatinate of Kerry, together with the town and castle of Dungarvan. This grant may be thought to imply that in Edward’s view an injustice had been done.
His career did not suffer from the execution for treason of his stepson Lord FitzWalter in 1495;Chrimes p.138 nor the attainder of his brother-in-law Lord Zouche; he was given an allowance to support his impoverished sister Lady Zouche, and Zouche after years of disgrace was eventually restored to a measure of favour.Jones, Michael and Underwood Michael The King's Mother Cambridge University Press 1993 p.113 He died at his home in Lambeth, Surrey, on 28 January 1501 and was buried in the London Greyfriars.
On 24 June 1509 William took part in the coronation of Henry VIII and carried the Third Sword during the ceremony. William enjoyed some favour with Henry VIII who reversed his attainder on 9 May 1511 and created him Earl of Devon on 10 May 1511, with the usual remainder to heirs male of his body. William died a month later on 9 June 1511, before completing his official investiture as an Earl, but was by royal warrant buried with the honours due to an Earl. He left Henry Courtenay as his heir.
Wexler chose to write about ten of the lesser known parts of the United States Constitution. He examines provisions regarding incompatibility, weights and measures, recess appointments, original jurisdiction, natural-born citizens, the Twenty-First Amendment, letters of marque and reprisal, titles of nobility, bills of attainder, and the Third Amendment. This book, like much of Wexler's work, seeks to educate and entertain, and while some enjoy this "fresh vantage point," others find it distracting. Wexler also authored a blog called Odd Clauses Watch with news about other odd clauses that did not make the book.
He frequently used charges of treason and heresy to quell dissent, and those accused were often executed without a formal trial by means of bills of attainder. He achieved many of his political aims through the work of his chief ministers, some of whom were banished or executed when they fell out of his favour. Thomas Wolsey, Thomas More, Thomas Cromwell, Richard Rich, and Thomas Cranmer all figured prominently in his administration. Henry was an extravagant spender, using the proceeds from the dissolution of the monasteries and acts of the Reformation Parliament.
Lewknor's plea did not go altogether unheard. At his widow's petition, on 27 February following the Queen restored to her the manor and advowson of Hamsey, together with many lands in Hamsey and Woham (i.e. Offham), which had been forfeit to the crown on account of the attainder. Also the term of years in the manor of Kingston Buci, which had been held for life by Margaret Lewknor since 1538, but had before the time of his attainder reverted to him by his mother's death, was (with the exception of the advowson, fines, heriots, and lands in Henfield) now assigned to Dorothy for a payment of £200, together with all his goods and chattels.Calendar of Patent Rolls, Philip and Mary III: 1555–1557 (HMSO 1938), pp. 451–52 (Hathi Trust). T.N.A. Discovery Catalogue SAS-D/105 (East Sussex Record Office). The manor was accordingly rated for 'Dorathe Lewkenor' on 12 July 1558 by the Commission for lands sold during that year.British Library Harleian MS 608, item 118, fol. 70v: Catalogue of the Harleian Manuscripts in the British Museum, Vol. I (Commissioners, Westminster 1808), p. 388. Following the death of Mary in November 1558 and the accession of Elizabeth, a new parliament was called on 23 January 1558/9.
In 1641 he was a member of the Lords committee on Religion, and served on the committee to consider Laud's attainder in 1644, finally voting for the ordinance in January 1645. He was placed on the admiralty commission in 1645, and acted as Lord Lieutenant of Cambridgeshire. He was one of the small group of Lords who continued attendance in the House of Peers, and on 19 December 1648, with three others, visited Fairfax, when they "cast down their honors at his Excellency's feet" and protested their desire not to retain any privileges prejudicial to the public interest.Gardiner's Civil War, iv.
During the early 14th century repairs were carried out to buildings within the castle and a new gate was built. When Henry de Lacy, 3rd Earl of Lincoln died in London in 1311, ownership of his properties passed to Thomas, 2nd Earl of Lancaster who had been married to his daughter and heiress Alice. When Sir Adam Banastre led a rebellion against the earl in 1315, Clitheroe was amongst the castles raided for weapons. Lancaster's property escheated following his attainder and death in 1322, his brother Henry was later be granted his lands, which subsequently became part of the Duchy of Lancaster.
Francis Tresham ( 1567 – 23 December 1605), eldest son of Thomas Tresham and Merial Throckmorton, was a member of the group of English provincial Catholics who planned the failed Gunpowder Plot of 1605, a conspiracy to assassinate King James I of England. Tresham joined the Earl of Essex's failed rebellion against the government in 1601, for which he was imprisoned. Only his family's intervention and his father's money saved him from attainder. Despite this, he became involved in two missions to Catholic Spain to seek support for English Catholics (then heavily persecuted), and finally with the Gunpowder Plotters.
Eleanor Percy was born about 1474 in Leconfield, Yorkshire. On 14 December 1490, at about sixteen years of age, Eleanor married Edward Stafford, 3rd Duke of Buckingham, who was five years old when his father, the rebellious 2nd Duke of Buckingham, was attainted and executed for high treason. Edward Stafford's mother, Catherine Woodville, went on to marry Jasper Tudor, the first Duke of Bedford and thirdly, Richard Wingfield. Two years after his father's execution, when Henry VII ascended the throne, the attainder was reversed, and the title and estates of Edward's father were restored to him.
338 When Strafford was impeached, he asked Slingsby to join him in London, and throughout the trial which ended in Strafford's attainder and execution, Slingsby provided invaluable support, as well as giving evidence on his behalf. There were unconfirmed reports that Slingsby had attempted to arrange Strafford's escape from the Tower of London. It has been suggested that Slingsby may have been part author of the Brief and Perfect Relation of the Answers and Replies of Thomas Earl of Strafford to the Articles exhibited against him by the House of Commons, which was published in 1647.
He procured a copy of the Will and sent it to West's house within a fortnight, where it was given to Peckham. Both were implicated by Peckham's confession. Lewknor was committed to the Tower of London on 6 June, tried at the Guildhall on 15 June, convicted of treason and sentenced to death.Nichols, The Diary of Henry Machyn, p. 108. West was arraigned on 30 June and in an attainder by verdict was also convicted and condemned, but later received a pardon.Calendar of Patent Rolls Philip and Mary, III: 1555–1557 (HMSO 1938), pp. 539–40.
Under the Common law, the title granted by King James and accepted by the earl had potentially lapsed as soon as the Earl embarked on the ship without his king's permission to leave Ireland, and when it lapsed it could not then pass down to his descendants without some special waiver. Assuming that Hugh Albert was being punished for a crime he did not commit, and was not being given a hearing, misses the whole point of the law of attainder. Hugh Albert was never issued a Writ of Summons to sit in the Irish House of Lords as his father's heir.
The date of her death is unknown.; . In his youth Radcliffe was in the service of King Henry VII and his then elder son and heir, Arthur, Prince of Wales, and was present at Arthur's marriage to Catherine of Aragon on 14 November 1501.. Radcliffe's father's attainder was reversed by letters patent dated 3 November 1505, and later by Act of Parliament in 1509, by which Radcliffe became Baron FitzWalter. On 23 June 1509 he was made a Knight of the Bath, and on the following day officiated as Lord Sewer at the coronation of King Henry VIII.
However, he became disillusioned and was not a member of the Long Parliament elected later the same year. He applauded the early measures of the parliament to restrict the king's prerogative but became alarmed when it went on to assail the Church. The attainder of Lord Strafford frightened him as a tyrannical use of power, and he became a typical example of the men who formed the strength of the king's party in the English Civil War. He considered himself too old to serve in the field and therefore he did not join the king at Oxford.
The village of Fetterangus was established by Pitfour just over a mile north of the mansion house in 1752. In 1766, Lord Pitfour paid £15,000 to add further land to the estate. The land had been forfeited to the crown and subsequently purchased by the York Buildings Company after George II instigated an attainder against George Keith, the final Earl Marischal, who was pardoned in 1761. After the Earl Marischal returned to favour and the York Buildings Company suffered financial difficulties, he bought the land back for £31,000 at an auction, to the delight of friends and others present.
368, assigns the attainder to John Gainsford of Crowhurst and Poyle, but clearly John 'of Allington' was the son of Nicholas. and were deprived of their lands and offices.'Warrant to seize upon the lands and goods of Nicholas Gainsforde, the Kings rebelle and traitour', 30 Jan 1 Richard III. Harleian MS 433, fol. 145 (Catalogue of Harleian MSS, I, p. 289, it. 1684). The Close Rolls show that in May 1484 John and Nicholas were placed under a recognizance of 100 marks. Richard pardoned them in July 1484,Gairdner, Life of Richard III, p. 159. Calendar of Patent Rolls, 1476–1485, p.
Because, Vinson said, "Insofar as a distinction between beliefs and political affiliations is based upon absence of any 'overt act' ... the act of joining the Party is crucial. ... courts and juries every day pass upon knowledge, belief and intent—the state of men's minds—having before them no more than evidence of their words and conduct, from which, in ordinary human experience, mental condition may be inferred."American Communications Association v. Douds, 339 U.S. 382, 410-411. In Part VII, Vinson address whether Section 9(h) was unconstitutionally vague and/or was a bill of attainder or ex post facto law.
II.; and its prefix from a small landing-place on the river Barrow, on which it is situated. Its only claim to antiquity attaches to the decayed castle and village of Lea, in the neighbourhood, the town of Portarlington having arisen only since the grant above named, which included a charter of incorporation constituting it a borough, though then only in its infancy. Lord Arlington subsequently disposed of his interest in the town to Sir Patrick Trant, upon whose attainder, as a follower of Jas. II., the possessions became forfeited to the Crown and were granted by Wm. III.
In November 1640, he was elected MP for St. Michael, Cornwall, in the Long Parliament. While in the house he spoke strongly in favour of the power of convocation to bind the laity, in so far as the canons did not conflict with the law of the land.Archbold, DNB, 27.111 Holborne separated himself still further from his party by the fight he made against Strafford's attainder. When King Charles I went to Oxford, Holborne joined him there, and on 7 February 1642 was created D.C.L. while he was disabled from sitting in the parliament at Westminster in 1642.
In 1815, upon the death of Archibald Campbell Fraser (who outlived all of his children), Fraser became the 21st Chief of the Clan Fraser, through his descent from the second son of the 4th Lord Lovat. He also inherited the Lovat estates at Beauly in Inverness-shire. On 28 January 1837 he was created Baron Lovat, of Lovat in the County of Inverness, in the Peerage of the United Kingdom. In 1854, the attainder of the 11th Lord Lovat (who had been attainted and executed in 1747) was reversed, and Lovat thereby became 12th Lord Lovat in the Peerage of Scotland.
Purkiss, p. 115 Pym consequently orchestrated the passage of a bill of attainder against Strafford, who was then executed in May 1641.Purkiss, p. 116 The illicit means by which Pym acquired the notes caused a rift between the Vanes that healed only when the elder Vane eventually came to oppose the king.Adamson and Folland, p. 148 In the Root and Branch petition debate in the Commons, from December 1640 and into 1641, Vane supported, as did Nathaniel Fiennes, the call for radical reforms in the Church of England, a position that put Vane in opposition to his father.
251 Henry VI reversed the attainder once he had control of the lands, and had received a promise of loyalty. In 1461 when Yorkist Edward IV came to the throne Richard Grey received the stewardship of Kerry, Kedwen, and Montgomery. Continuing his Yorkist support, Richard Grey was with Richard Neville, 16th Earl of Warwick, at the siege of Alnwick Castle in November 1462 to take it back, after the Lancastrians had taken it by siege from the captaincy of his cousin Sir Ralph Grey of Heton. Sir Richard Grey, Lord Grey of Powis, died 17 December 1466.
He insisted he was innocent of the charges, but he was never granted a trial. Acts of attainder were banned under the U.S. Constitution, adopted a few years after Wickham's death. Shortly before his death in exile, Wickham wrote: > I have acted consistently and consciously throughout my whole conduct, with > a firm belief there is a future existence, and defy the state to produce one > instance wherein I have acted rigidly, defrauded, or abused one member of > it, although it was in my power. In 1989, several of Wickham's heirs filed a lawsuit to try to regain ownership of Robins Island.
After Arthur Plantagenet's death in 1542 the viscountcy went to Elizabeth Grey's eldest son by her first marriage, John Dudley, "by the right of his mother".Loades, David (1996): John Dudley, Duke of Northumberland 1504–1553, Clarendon Press, , p. 48 He was created Viscount Lisle on 12 March 1542, and later rose to be Duke of Northumberland; but he forfeited his titles upon his execution and attainder in 1553. The final creation of the viscountcy was on 4 May 1605 as a subsidiary title for Robert Sidney, 1st Earl of Leicester, grandson of the Duke of Northumberland.
Morgan began building up an electoral influence at Newtown and Yarmouth, and came into conflict with the new governor Lord Cutts who tried to bring the island's constituencies under government control. At the 1695 English general election Morgan was elected Member of Parliament for Yarmouth and signed the Association. He voted for fixing the price of guineas at 22 shillings in March 1695 and for the attainder of Sir John Fenwick on 25 November 1696. Under an electoral accord of 1697, he was returned unopposed at the 1698 English general election, and voted in support of a standing army on 18 January 1699.
St. George's Anglican Chuch, illustrating the plaques commemorating Fédon's victims Following the collapse of the rebellion, a bill of attainder was promulgated which condemned 400 people. Two hundred rebels were enslaved and 50 executed, suffering hanging and then decapitation, with some being gibbeted at St Eloi Point as a warning to approaching ships. Slaves who were captured had generally been hanged where they had been found; 38 rebel leaders and free coloureds were taken to the towns, where, after a "nominal" trial, suggests Craton, they were publicly executed and their heads paraded through St George's and other towns. Most whites were eventually reprieved.
On 2 March 1703 twenty-one spouses and children of those condemned, as well as three women who were convicted but not executed, including Elizabeth, filed petitions before any action was taken on Elizabeth's appeal for reversal of attainder. They requested that "something may be publicly done to take off infamy from the names". Two more petitions were filed in June 1703. These included requests from eleven ministers to reconsider the convictions and restore the good names of the citizens.Roach, 2002 p 567-568 The Massachusetts House of Representatives finally passed a bill disallowing spectral evidence.
Samuel's wife, Sarah, controlled a one hundred and eighty-eight- acre estate, which she had inherited from her first husband, Adam Hawkes, upon his death. The Province of Massachusetts Bay passed a law which provided attainder for "conjuration, witchcraft, and dealing with evil and wicked spirits", which meant the loss of civil, inheritance, and property rights of those accused.Carol F Karlsen (1987) Devil in the Shape of a Woman New York: W.W. Norton and Co. pp. 105–06 William Baker Jr., 14 years old, accused Samuel, Sarah, and their 19-year-old daughter Mercy Wardwell of witchcraft.
Elizabeth was one of Anne Neville's attendants at Richard's coronation, while her husband bore the Sword of State.Women of History - Index S. Retrieved 15 March 2011 On 22 August 1485 Thomas's father John Howard, 1st Duke of Norfolk was killed at the Battle of Bosworth while fighting for Richard III; like his son, John was also one of King Richard's dearest friends.. Thomas Howard was wounded at Bosworth and imprisoned in the Tower for several years, and the dukedom of Norfolk was forfeited. Elizabeth was fortunate that Thomas' attainder stipulated that she would not lose her own inheritance.
However, in August 1691, when Charles was about 26, Claud was killed in a sea-fight when a Dutch privateer attacked the ship that should have brought him from Limerick to France. His brother had been a Jacobite and had been attainted in Ireland on 11 May 1691. Charles succeeded him immediately as the 5th Earl of Abercorn as the family's Scottish titles were not affected by the attainder but could not become Baron Hamilton of Strabane as the title was forfeit. Lord Abercorn, as he was now, had supported the Prince of Orange and was a Protestant, perhaps due to his marriage.
The manor of Wedmore was granted back to the Deanery in 1560, and the Rectory was granted three years later.Collingridge, et al, ed. CPR, 1558-1560, p. 326; idem, CPR, 1560-1563, p. 575. The act of attainder, an earlier surrender and re-grant of the deanery under William Fitzjames, and a surrender and re-grant of the deanery’s lands under Valentine Dale made the legal standing of the deanery and its title to the lands vulnerable. Heydon’s predecessor, John Herbert, used his legal expertise and influence at court to secure a new charter, giving the deanery sound legal footing.
In January 1539, Geoffrey was pardoned, but Margaret's son Henry, Baron Montagu (and cousin Exeter) were later executed for treason after trial. In May 1539, Henry, Margaret, Exeter and others were attainted, as Margaret's father had been. This conviction meant they lost their titles and their lands—mostly in the South of England, conveniently located to assist any invasion. As part of the evidence for the bill of attainder, Cromwell produced a tunic bearing the Five Wounds of Christ, symbolising Margaret's support for Catholicism and the rule of her son Reginald and the king's Catholic daughter Mary.
Their grandson John Gordon succeeded his grandmother in the earldom in 1535 (see the Earl of Sutherland for further history of this branch of the family). Lord Huntly's elder son, the third Earl, was a member of the Council of Regency in 1517. He was succeeded by his grandson, the fourth Earl, Lord Chancellor of Scotland from 1546 to 1562, who was killed in the latter year, and in 1563 an Act of Attainder was passed through Parliament with all his titles forfeited. His eldest surviving son, George Gordon, was condemned to death for treason in 1563 but later pardoned.
West was most unusual among judges in having a play produced while he was in office: Hecuba, his translation of a French tragedy, was produced at the Drury Lane Theatre. As even its author sadly admitted it was not a popular success, closing after only three performances, two of them to empty houses.Ball, F. Elrington The Judges in Ireland 1221–1921 John Murray London 1926 He was more successful as a pamphleteer, his best known works being A Discourse concerning Treasons and Bills of Attainder (1716 ) and An Inquiry into the Origins and Manner of Creating Peers (1719).
Born in Edinburgh, on 16 November 1827, Southesk was the son of Sir James Carnegie, 5th Baronet and Charlotte Lysons, daughter of the Reverend Daniel Lysons. Through his great-great-great grandfather, who was the fourth son of David Carnegie, 1st Earl of Southesk, James was the heir to the earldom of Southesk and the lordship of Carnegie. The fifth earl was involved in the Jacobite rising of 1715 and was attainted, with his titles and estates forfeited. However, in 1855 Sir James Carnegie obtained a reversal of his kinsman's attainder by Act of Parliament and became the ninth Earl of Southesk.
He was succeeded, as 9th Jacobite Duke of Perth by his cousin, James Lewis Drummond, fourth Duke of Melfort, another holder of a Jacobite dukedom. The 10th Duke, who also held the Melfort titles, was a prelate of Roman Catholic Church, known as the Abbé de Melfort. Upon his death in 1840, he was succeeded in his peerage titles by his nephew, George Drummond, who had embraced the Protestant faith. In 1853, the sixth Duke of Melfort, George Drummond, was by Act of Parliament deemed the 5th Earl of Perth, and the previous attainder was reversed.
His titles, furthermore, were forfeit. (Fraser was also created Duke of Fraser, Marquess of Beaufort, Earl of Stratherrick and Upper Tarf, Viscount of the Aird and Strathglass and Lord Lovat and Beaulieu in the Jacobite Peerage of Scotland by James Francis Edward Stuart (titular King James III of England and VIII of Scotland) in 1740.) His eldest son and namesake Simon Fraser became a General in the British Army. He obtained a full pardon but was not restored to the title. His younger brother Archibald Campbell Fraser was a Colonel in the Army and would have succeeded but for the attainder.
781–2 His loyalty the crown was such that in 1460 the Yorkists proclaimed him one of their most mortal enemies among the king's supporters.Goodwin, page 105 They also claimed that Beaumont, along with the earls of Wiltshire and Shrewsbury, orchestrated the Yorkists' attainder at the 1459 Coventry parliament, in order to seize the Yorkists' lands.Lander, J.R., Government and Community, 1450–1509 (London, 1980), p. 205 It is likely that they were the public focus of the Yorkists' enmity in a way that Henry VI's queen (to whom he was a personal adviser), Margaret of Anjou could not be.
In 1782, he succeeded his newly retired father as daimyō of the Yokosuka Domain, also receiving his father's courtesy title of Oki no Kami. Tadayuki entered the administration of the Tokugawa shogunate in 1784, holding the concurrent offices of Sōshaban and Jisha-bugyō. There was a brief period where he was barred from service (after the burning of his Edo residence later that year), but he was soon back to work, and even retained his position despite the fact that his father-in-law was Tanuma Okitsugu. During his tenure, Tadayuki assisted in the attainder of Sagara Domain.
In addition, Brant and her family received compensation from the British government for their losses in the American Revolution. Hoping to make use of her influence, the United States offered Brant compensation if she would return with her family to the Mohawk Valley, but she refused. The New York legislature ruled that Brant and her children as Indians could not own the 15,000 acres of land bequeathed to them by Sir William Johnson, and said it legally belonged to his heir, Sir John Johnson. He was under the 1779 Act of Attainder, so the property reverted to the state.
On 30 August 1535, Pope Paul III drew up a bull of excommunication which began "Eius qui immobilis". On 17 December 1538, Pope Paul III issued a further bull which began "Cum redemptor noster", renewing the execution of the bull of 30 August 1535, which had been suspended in a cautious hope Henry would repeal his behaviour. Had Reynolds not died and returned to Ireland, he faced imprisonment and execution because the Attainder of the Earl of Kildare Act 1536 convicted him, Silken Thomas, and others, by name for high treason. Reynold's estate was confiscated for the King's use.
Mar then met the Pretender at Fetteresso; his cause however was lost, and Mar and the Prince fled to France where he would spend the remainder of his life. The Parliament of Great Britain passed a Writ of Attainder for treason against Mar in 1716 as punishment for his disloyalty; this was not lifted until 1824. Mar was appointed to succeed Henry St John as Jacobite Secretary of State in March 1716. Mar sought to interest foreign powers in the cause of the Stuarts; but in the course of time he became thoroughly distrusted by the Jacobites.
The 1541 Act was more than an act of attainder, however. It also made it high treason for any person who married the King (or his successors) to conceal from the monarch their previous sexual history. It became treason for any third party to conceal such knowledge for longer than 20 days after the marriage, or to incite another to have "carnal knowledge" of the queen consort, or of the wife of the monarch's son, or for the queen or princess to incite somebody to do so. These provisions were repealed by the Treason Act 1547.1 Edw.
One of Leisler's supporters had stopped in Boston while en route to England and was offered support by Sir William Phips, the new governor of the Province of Massachusetts Bay. Massachusetts agents in London then worked on behalf of Leisler's heirs to have the attainder reversed and the family properties restored. A bill was introduced into Parliament to do so in 1695, with the assistance of Massachusetts supporters Sir Henry Ashurts and Sir Constantine Henry Phipps. The bill quickly passed in the House of Lords, although anti- Leislerian agents succeeded in having it sent to committee in the lower chamber.
157, 170 Also in January 1555, Dudley's mother died, leaving him her lands, which Queen Mary allowed him to inherit despite his attainder. However, the Dudley brothers were only welcome at court as long as King Philip was there;Loades 1996 p. 280 later in 1555 they were even ordered out of London and the next year, in the wake of a conspiracy by their distant cousin Henry Sutton Dudley, the French ambassador Antoine de Noailles reported that the government was seeking to apprehend "the children of the Duke of Northumberland", who were said to be on the run.
The rising failed, and Courtenay fled to the continent, joining Tudor in exile at Vannes, Brittany. In January 1484 he was attainted by Parliament, and his temporalities were forfeited. Courtenay accompanied Henry Tudor on his return to England, and after the victory at Bosworth and the death of Richard III, was made Keeper of the Privy Seal on 8 September 1485, and was one of the bishops who officiated at the new King's coronation. His attainder was reversed by Henry VII's first Parliament, and on 29 January 1487 he was translated to become Bishop of Winchester.
With the assistance of French troops, James landed in Ireland in March 1689.Miller, 222–224 The Irish Parliament did not follow the example of the English Parliament; it declared that James remained King and passed a massive bill of attainder against those who had rebelled against him.Miller, 226–227 At James's urging, the Irish Parliament passed an Act for Liberty of Conscience that granted religious freedom to all Roman Catholics and Protestants in Ireland.Harris, 440 James worked to build an army in Ireland, but was ultimately defeated at the Battle of the Boyne on 1 July 1690[O.
In response to the spill, the United States Congress passed the Oil Pollution Act of 1990 (OPA). The legislation included a clause that prohibits any vessel that, after March 22, 1989, has caused an oil spill of more than in any marine area, from operating in Prince William Sound. In April 1998, the company argued in a legal action against the Federal government that the ship should be allowed back into Alaskan waters. Exxon claimed OPA was effectively a bill of attainder, a regulation that was unfairly directed at Exxon alone. In 2002, the 9th Circuit Court of Appeals ruled against Exxon.
Hamilton fled to Holland, whereupon he was outlawed, and sentenced to be executed whenever apprehended. While in Holland he acted as commissioner 'to the persecuted true presbyterian church in Scotland,' and in this capacity he visited Germany and Switzerland. In 1683 he prevailed on the presbytery of Groningen to ordain James Renwick, who had studied at the university there, as minister to the presbyterian church in Scotland. At the Glorious Revolution in 1688 Hamilton returned to Scotland, and, his attainder having been reversed, succeeded in that year to the baronetcy on the death of his brother Sir William.
The attainder and execution of Strafford in May 1641 led to Lowther, along with Sir Richard Bolton, being impeached by the Irish Parliament; Strafford in his last days is said to have interceded for them with the King. Lowther was soon released from custody and thereafter played a careful double game in politics. He was restored to the Council, and attended the King at Oxford in connection with the negotiations with the Confederates in 1644. In 1646 he was sent to London to negotiate with Parliament for the relief of Dublin and soon afterwards he abandoned the Royalist cause.
However, Anastasia was childless and on her death in 1807 the claim passed to her first cousin once removed, Sir William Jerningham, 6th Baronet, of Cossey (see Jerningham Baronets for earlier history of this title). He was the son of Sir George Jerningham, 5th Baronet, and his wife Mary, Lady Jerningham, only daughter of Mary Plowden, sister of the fourth Earl of Stafford. Jerningham died in 1809, when the claim passed to his son Sir George William Jerningham, 7th Baronet. He petitioned the House of Lords for a reversal of the attainder and for a writ of summons Parliament.
It had been believed that all the titles of James Butler, 2nd Duke of Ormond became forfeit in 1715. However, in 1791, it was found that the title of "Earl of Ormond" (and its subsidiary titles) in the peerage of Ireland had merely lain dormant and so were successfully revived by John Butler's cousin, John Butler, 17th Earl of Ormonde. Following the second Duke's attainder, his estate was administrated by the Forfeited Estates Commissioners. With the permission of the Parliament of Ireland, the estate was purchased in 1721 by the second Duke's brother, Charles, the Earl of Arran.
A descendant of John de Charlton, the first Sir Thomas de Charlton, died in 1448 whereupon Swakeleys passed to his son, also named Sir Thomas, who became Speaker of the House of Commons and Member of Parliament for Middlesex. He died in 1465, at which point his son Sir Richard became owner of the manor. Sir Richard was killed fighting on the side of Richard III during the Battle of Bosworth Field in 1485. The victor of the battle, Henry VII, named him in his Act of Attainder, though he granted Sir Richard's wife Elizabeth a life interest in the manor.
6 C A P. XIV) removing the attainder placed on her father from Mary, but his lands remained property of the Crown. As her mother's wealth was left entirely to her father and later confiscated by the Crown, Mary was left a destitute orphan in the care of Katherine Willoughby, Duchess of Suffolk, who appears to have resented this imposition.Linda Porter (2010) Katherine the Queen After 1550 Mary disappears from historical record completely, and no claim was ever made on her father's meagre estate, leading to the conclusion that she did not live past the age of two.
The Greys of Wilton, as well as the other old noble families bearing the name of Grey/Gray, are descended from the Norman knight Anchetil de Greye. Wilton Castle itself passed from the family when the thirteenth Baron was forced to sell it to raise his ransom after being captured in France. Sir Thomas Grey, the fifteenth Baron, was attainted in 1603, forfeiting his titles and honours, after being convicted of treason for his alleged involvement in the Bye Plot against King James I. Grey never married. The attainder against him was not reversed prior to his death.
In the United Kingdom, impeachment was a procedure whereby a member of the House of Commons could accuse someone of a crime. If the Commons voted for the impeachment, a trial would then be held in the House of Lords. Unlike a bill of attainder, a law declaring a person guilty of a crime, impeachments did not require royal assent, so they could be used to remove troublesome officers of the Crown even if the monarch was trying to protect them. The monarch, however, was above the law and could not be impeached, or indeed judged guilty of any crime.
He was knighted in 1475, and succeeded to his father's titles in 1479. His brother-in-law, Sir William Berkeley, was a leading member of Buckingham's revolt in 1483, and was attainted as a traitor by the Parliament of 1484. Richard III was prepared to pardon Berkeley on condition that Stourton, who retained the King's confidence, and had sat in the Parliament which passed the attainder, enter a bond for 1000 marks as surety for Berkeley's good behaviour. Shortly afterwards Berkeley fled the country to join Henry VII and Stourton was obliged to find the money to pay the bond.
Like other wealthy London merchants he had a house in Antwerp. He also purchased properties in the counties of Devon, Dorset and Somerset, and in 1521 acquired from Edward Stafford, 3rd Duke of Buckingham, for £2340, the manors of Hengrave in Suffolk and Colston Bassett in Nottinghamshire. On the Duke's attainder and execution in the following year, Kitson was for a time deprived of the estates, but they were restored to him, confirmed by an Act of Parliament of 1524. He obtained a licence from Henry VIII to build an embattled manor house at Hengrave on a magnificent scale.
At the 1695 English general election, Hammond was returned as Tory Member of Parliament for Huntingdonshire in a hard-fought contest. He voted in March 1696 against fixing the price of guineas at 22 shillings, and refused to subscribe the Association which lost him his position on the commission of peace. He was active in opposing the attainder of Sir John Fenwick. After a quarrel that arose during a debate in the committee of privileges over the Cambridgeshire election, he fought a duel with Lord William Pawlet on 27 January 1698, and was wounded in the thigh.
Pembroke's extensive land holdings enabled him to exercise considerable influence during the elections to the Short and Long Parliaments, with approximately a dozen members of the House of Commons owing their elections to his patronage. These men did not seem to constitute a Pembroke faction in the Commons, though there is some indication that he patronized men known to be opponents of Charles' policy of Thorough. In 1641, Pembroke voted in favour of the bill of attainder against Thomas Wentworth, 1st Earl of Strafford. During this period, Charles became especially angry when Pembroke gave encouraging words to an anti-Strafford crowd.
He married Elizabeth Murray, the daughter and heiress of Henry Murray, Groom of the Bedchamber to Charles I and widow of Randolph Egerton of Betley, Staffordshire on. 30 April 1691. He was the brother of Sir William Egerton. Egerton was returned as Member of Parliament for Brackley, Northamptonshire on the family interest at the 1695 English general election. He voted for fixing the price of guineas at 22 shillings in March 1695, and voted for the attainder of Sir John Fenwick on 25 November 1696. At the 1698 English general election, he was returned again unopposed and was a Court supporter.
The attainder of the 3rd Earl would normally have resulted in his property (including Dilston) passing to the Crown. However, he only had a life interest under his 1712 marriage settlement, so that his estates passed to his 2-year-old son John, who died aged 18. On his death in 1731, the estates would have passed to his uncle Charles Ratclyffe, who was still living abroad, but he had also been attainted in 1716. After him, the estates might have passed to his son James Bartholomew Radclyffe, 4th Earl of Newburgh, but an Act of Parliament (4 Geo.
Bringewood Ironworks was a charcoal ironworks in north Herefordshire. It was powered by the river Teme, with a blast furnace, a finery forge and latterly a rolling mill for blackplate (to be tinned into tinplate). It was probably built for Robert Dudley, 1st Earl of Leicester in the 1590s, but reverted to the Crown on his attainder, and was then let to Sir Henry Wallop. However, he evidently sublet it to working ironmasters. By 1623, it was run by Francis Walker, and continued to be operated by his descendants until the bankruptcy of Job Walker in 1695.
The making of a new ordinance regarding safety was unconnected to the old ordinance regarding zoning. Justice Clark addressed Goldblatt's further claim that the ordinance was unconstitutional because it imposed upon him to re-fill the excavation and to erect a new fence or to face penalties or imprisonment. This claim was based on the constitutional prohibition against bills of attainder and ex post facto legislation. Justice Clark found that these were not the issues being addressed in this case; the issue was regarding further excavation, and Mr. Goldblatt would need to bring a specific suit to address these issues at another time.
Eventually Edmund's brother, the Earl of Ormond, fearing for the future of his lands and titles, responded by joining his erstwhile enemy Sidney and marched against Edmund. Under pressure from Earl Thomas, he was attainted by Queen Elizabeth I. But on surrendering his estate to the Queen, 10 October 1570, he was pardoned, (together with his brothers Edward and Piers) dated at Gorhambury 12 March 1573, of all their treasons. While she agreed to save his life, Elizabeth did not remove the attainder on Edmund. His brothers Edward and Piers Butler remained with the Desmond forces.
On 10 October 1551, Anne's husband was raised to the peerage as Baron Herbert of Cardiff and on 11 October 1551 was created Earl of Pembroke. In 1553 he received the disgraced Duke of Somerset's Wiltshire estates, including Ramsbury and a newly built mansion at Bedwin Broil, as well as extensive woodland on the borders of the New Forest. The Herberts had been friends of Somerset until he fell from favour. Herbert was also granted, on the attainder of Sir Thomas Arundell, Wardour Castle and park, and he obtained some property which had belonged to the diocese of Winchester.
In 2003, two LGBT advocacy organizations, Citizens for Equal Protection and the Nebraska Advocates for Justice and Equality, joined by the American Civil Liberties Union and also represented by Lambda Legal, filed suit in the United States District Court for the District of Nebraska challenging the constitutionality of Initiative Measure 416. District Court Judge Joseph F. Bataillon ruled in favour of the same-sex couple plaintiffs on May 12, 2005, overturning Initiative Measure 416 based on the Equal Protection Clause, the First Amendment, and the prohibition on bills of attainder contained in the Contract Clause.Citizens for Equal Protection v. Bruning, 368 F. Supp.
Subsequently, in Yong Vui Kong v. Attorney-General (2011), the Court of Appeal held that such fundamental rules of natural justice embodied in the Constitution are the same in nature and function as common law rules of natural justice in administrative law, except that they operate at different levels of the legal order. A related decision, Yong Vui Kong v. Public Prosecutor (2010), apparently rejected the contention that Article 9(1) entitles courts to examine the substantive fairness of legislation, though it asserted a judicial discretion to reject bills of attainder and absurd or arbitrary legislation.
And although King Edward IV placed diplomatic pressure on the Duke of Brittany, the uncle and nephew remained safe from the clutches of the Yorkist king, who died later in April 1483. For 11 years, the Château de Suscinio became an armed camp, alert against any attempt to kidnap Jasper and Henry and return them to England, where they were under attainder and would have been promptly executed as threats to the Yorkist rule. In October 1483, the Tudors launched an invasion of England from Brittany. However, the invasion failed and Jasper Tudor and his nephew Henry returned to Brittany.
Justice Powell, in a concurring opinion, argued that to invalidate all legislative veto provisions is a serious matter, as Congress views the legislative veto as essential to controlling the executive branch, and should therefore be undertaken with caution. However, Congress's action in this case is nonetheless unconstitutional. Contrary to the views of the majority, Congress's action is not legislative in character but adjudicative, and it therefore violates the principle (called the anti-aggrandizement principle) that Congress may not expand its own power into the areas of competence of the other branches. The Constitution specifically attempted to prevent this form of aggrandizement in the Bill of Attainder Clause, Art.
King James issued "A Proclamation touching the Earles of Tyrone and Tyrconnell" on 15 November 1607, describing their action as treasonous, and therefore preparing the ground for the eventual forfeiture of their lands and titles."A Proclamation touching the Earles of Tyrone and Tyrconnell", 1607 No reply that is known of was made to the proclamation Their titles were attainted in 1614, although they continued to be recognised on the Continent. The attainders were not considered legitimate in continental Catholic countries of the day. Even within the context of English and colonial Irish rule, the attainder came about six years after Rory, 1st Earl of Tyrconnell, had already died.
However, Poynings' Law, remained on the books; created in 1494, this effectively allowed the English Parliament to legislate for Ireland and James was unwilling to repeal it. Land Settlement: despite opposition in the Lords from Protestants, and the small number of Catholics who had purchased land since 1660, Parliament refused to approve taxes until James agreed to repeal the 1652 Cromwellian Settlement and Act of Settlement 1662. However, it failed to address compensation for estates confiscated prior to 1641, many held by Gaelic landowners, particularly those lost after Tyrone's Rebellion in 1603. A Bill of Attainder named 2,470 Protestants as traitors, subject to confiscation of property and their lives.
Until about 1600 Hele had a high reputation, but then personal attacks on him started. Through his making of loans, and actions in recovering them, he exposed himself to attacks from the circle of Sir Thomas Egerton, one of his debtors, whose clients ran a successful personal vendetta against him. Hele had hoped to succeed Egerton as Master of the Rolls, but the outcome of his intrigues was quite different. Hele lost a large sum in 1601 through the attainder of Robert Devereux, 2nd Earl of Essex, a key ally of his at court and was also owed a large sum by Henry Brooke, 11th Baron Cobham.
View of London - The Tower of London circa 1554-57 drawing by Anton van den Wyngaerde The case against Thomas Cromwell was weak; it was well known that Cromwell favoured religious reform, though he had not proceeded any further with his programme of reforms than the king would allow, and his every act had been authorised by the king. Cromwell had not broken any laws, contravened any statutes or disobeyed any royal proclamations. Therefore, he was condemned without a trial and his sentence was later confirmed by an act of attainder. There are no surviving records of Gregory and Elizabeth's movements at this time.
In 1787 Charteris' uncle Lord Elcho (who but for his attainder would have been 6th Earl of Wemyss) died. As Charteris' father had not been attainted himself, he assumed the title as 7th Earl of Wemyss, with Charteris himself assuming the subsidiary title Lord Elcho. At the time eldest sons of Scottish peers were not allowed to represent Scottish constituencies in Parliament, and after a debate on the matter Charteris had to vacate his seat. Although it was later established that the Earldom of Wemyss remained forfeit and his father was not after all a Scottish peer, Charteris did not attempt to re-enter Parliament.
On 6 February 1760, following the death of Edward Drummond, sixth Jacobite-jurisdiction Duke of Perth, Thomas' father became heir to the Earldom of Perth, which had been forfeit since 1716 owing to the attainder of James Drummond, 2nd Duke of Perth (The first Earl of Melfort was the younger son of James Drummond, 3rd Earl of Perth). His father, therefore, assumed the surname of Drummond and styled himself 10th Earl of Perth, after which Thomas became known as Lord Drummond, and in 1776, following the death of Jean Drummond, Duchess of Perth in 1773, his father took up residence at the Drummond estate of Stobhall in Perthshire.
This was the same year during which the domain faced its most serious crisis. The 11th daimyō, Nanbu Toshimochi, died at the age of 13 before he could be formally received in audience by shōgun Tokugawa Ienari. Fearing that this could be used by the shogunate as a cause for attainder, the domain leaders substituted a cousin of similar age and appearance to take his place. In 1840, a han school was established, and began promoting studies in rangaku (western science), especially western medicine. During the Bakumatsu period, in 1857 the 14th daimyō of Morioka, Nanbu Toshihisa, married the third daughter of Tokugawa Nariaki of Mito Domain.
As Government Secretary of the Virgin Islands in 1939-43, Lovett served as acting Governor from December 14, 1940 until February 3, 1941. In 1943, the Dies Committee charged him as a communist subversive, over his association with left-wing individuals and groups; through an enactment passed by both houses of Congress, he was forced out of the Secretary position and barred from federal employment. Lovett, who denied he was a Communist, challenged this action through the courts as an unconstitutional bill of attainder, and though he did not get the job back, he won a 1946 decision from the Supreme Court (United States v. Lovett), and received back pay.
Painting of Adare Manor, 1879 The first mention of a manor on the land is following the Norman invasion of Ireland. In 1226, King Henry III gave a grant to Justiciary of Ireland Geoffroi de Morreis (de Marisco) to hold an eight-day annual fair following the Feast of St. James at his Manor of Adare. The lands subsequently were granted to the Earls of Kildare, members of the Welsh-Norman FitzGerald family who came to Ireland in 1169. In 1536, the act of attainder was passed against Thomas FitzGerald, 10th Earl of Kildare, whose lands, castles and manors were forfeited to the crown.
Section six consists of the right to bear arms. Section seven provides that the military power is subordinate to the civil power and section eight provides protection against the quartering of soldiers on private property and the undue intrusion of agents of the state. Section nine prohibits slavery and involuntary servitude, but specifically allows for criminal punishments that amount to community service. Section ten says, “No bill of attainder, ex post facto law or law impairing the obligation of contract shall be enacted.” Section eleven protects against unreasonable searches and seizures and creates the necessity for law enforcement to obtain warrants to conduct either one.
By letters patent of 12 June 1726, Seaforth was discharged of the penal consequences of his attainder, although the forfeiture was not reversed. From George II he received a grant of the arrears of feu duties due to the crown out of his forfeited estates. Seaforth was led to seek peace with the government, partly on the ground of dissatisfaction with his treatment by the Chevalier. He excused to the Chevalier his acceptance of the terms of the government as a temporary expedient absolutely necessary for the protection of his clan, but the Chevalier was deeply hurt at what he deemed a desertion of his cause.
Amash opposes abortion and federal funding for abortion. He describes himself as "100 percent pro-life" and in 2017 voted in favor of federal legislation to ban most abortions after 20 weeks of pregnancy. Amash voted "present", rather than "yes" or "no", on the 2011 Full Year Continuing Appropriations Act, which provided for the cessation of federal funding to Planned Parenthood. Although he supports eliminating federal funding for Planned Parenthood, he abstained from defunding legislation, arguing that "legislation that names a specific private organization to defund (rather than all organizations that engage in a particular activity) is improper" and an "arguably unconstitutional" bill of attainder.
The territory reverted for a brief period to tenryō status from 1689-1705. In 1705, Ii Naotomo, daimyō of Kakegawa Domain refused to participate in the mandatory sankin-kōtai to Edo, and was relieved of his office by the shogunate due to mental illness. Normally, this would have been cause for attainder, but the shogunate took into account the role of the Ii clan in the early days of the shogunate, and allowed his adopted son, Ii Naonori to inherit, albeit with a reduction in kokudaka from 35,000 to 20,000 koku. The following year Naonori was transferred from Kakegawa to Yoita, which lacked the status of a "castle-holding domain".
On Palm Sunday 1656 James Naylor, a Quaker, reenacted the arrival of Christ in Jerusalem by riding a horse into Bristol attended by followers who sang "Holy, holy, holy" and strewed the way with their garments. Although Naylor denied that he was impersonating Jesus, this act outraged many in Parliament in what was seen as an act of blasphemy. There was consensus in the House that Naylor should be punished. However while the House of Commons could pass, and had in recent times passed, acts of attainder against people, it was questioned whether the House could invoke a judicial procedure like that of the now disbanded House of Lords.
The letters patent received the sign- manual of the King but in the confusion of the Civil War, it did not pass the Great Seal. His son, William, petitioned for a new creation in 1660 which was granted (due to this the Baronets are sometime numbered differently, the first Baronet of the 1660 creation is sometimes referred to as the second Baronet, and so on). Sir William married as his second wife Hill, daughter of Sir William Brooke, hence the common family first name of Brooke. Sir William Brooke was heir to the barony of Cobham through his mother, but did not succeed as the peerages were under attainder.
Carpenter was the key attorney in a series of landmark cases before the U.S. Supreme Court which helped define states' rights by determining the legality of the Reconstruction acts passed by Congress. Ex parte Garland dealt with the disbarment from federal courts of Southern lawyers who refused to take an oath swearing they had not taken up arms or assisted the Confederacy. Carpenter argued that the act passed on January 24, 1865 was ex post facto (the war had since ended) and a bill of attainder (it punished without a trial). In December 1865 the court upheld his argument with the majority opinion employing phrases from Carpenter's brief.
Pirgo Place, Essex An iron gatepost surviving from the former Tudor royal palace Lord John was summoned to court as head of the Grey family, attended Queen Elizabeth's first progress into London and gave her a costly gift on the first New Year's Day of her reign. A few months later he complained of poverty to Lord Burghley, her prime minister, and the Queen granted him the royal manor of Pirgo, Essex and its mansion, as well as lands in Somerset. He was "restored in blood", released from the Act of Attainder and appointed one of the four Protestant noblemen to supervise alterations to the Book of Common Prayer.
However, the Duke was attainted in 1715 and his titles forfeited. In 1871, Francis Cowper, 7th Earl Cowper, managed to obtain a reversal of the attainder of the lordship of Dingwall and barony of Butler and became the fourth Lord Dingwall and third Baron Butler. He was the great-great-great- grandson of Henrietta d'Auverquerque, Countess of Grantham (wife of Henry de Nassau d'Auverquerque, 1st Earl of Grantham), second daughter of Thomas Butler, Earl of Ossory and 1st Baron Butler, whose second daughter Lady Henrietta de Nassau d'Auverquerque married William Clavering-Cowper, 2nd Earl Cowper. In 1880 he also succeeded his mother as eighth Baron Lucas of Crudwell.
He was succceeded by his brother, the seventh baron, who in turn was succeeded by his daughter and only child, Elizabeth. She was the wife of John Radcliffe. Their son, the ninth baron, was attainted for treason in 1495 with his title forfeited. However, his son Robert Radcliffe obtained a reversal of the attainder by Act of Parliament in 1509 and later served as Lord Lieutenant of Lancashire. He was created Viscount FitzWalter in 1525 and Earl of Sussex in 1529. His grandson, the third earl, was summoned to the House of Lords through a writ of acceleration in 1553 in his father's junior title of Baron FitzWalter.
Although the Sakakibara clan continued to rule Takada through the Meiji Restoration in 1868, it faced an early crisis with the death of Sakakibara Masazumi before his formal audience with the Shōgun. To avoid the possibility of attainder, the clan secretly substituted Masazumi with his younger brother Sakakibara Masanaga and kept the death a secret. The Sakaibara ruled Takada with relative stability though the rest of the Edo period. During the Boshin War, Sakakibara Masataka the 6th (and final) Sakakibara daimyō of Takada sided with the imperial cause, and after the Aizu War, many of the former samurai from Aizu were exiled to Takada.
In 1424 he was knighted, made a Privy Councillor and appointed to Commissions of the Peace of Essex, Lincolnshire, Nottinghamshire and Yorkshire. He was on the Council of Regency for the young Henry VI. In 1426 he had the attainder on his title reversed, bought back the Scrope lands confiscated (and granted to other knights in the meantime) following his brother's execution, and was summoned (restored to the Barony) to the House of Lords. In 1428 he acted as an Ambassador to the Pope, the King of Spain and the Holy Roman Empire, and then to Scotland in 1429. In 1432 he was appointed Lord High Treasurer of England (until 1433).
The town itself was not created until 1101, when Robert of Bellême, 3rd Earl of Shrewsbury, the son of Roger de Montgomerie, moved from Quatford, constructing a castle and a church on the site of the modern-day town. The town became a royal borough on Robert Bellême's attainder in 1102. The castle's purpose was to defend against attacks from Wales. The town was attacked and burnt by Roger Mortimer, 1st Earl of March during the Despenser War in 1322. Bridgnorth's town walls were initially constructed in timber between 1216 and 1223; murage grants allowed them to be upgraded to stone between the 13th and 15th centuries.
However, when Queen Catherine's premarital sexual indiscretions and her alleged adultery with Thomas Culpeper were revealed to King Henry VIII by Archbishop Cranmer, the King's wrath turned upon the Howard family, who were accused of concealing her misconduct. Queen Catherine was condemned by a bill of attainder and was later executed on 13 February 1542. Several other members of the Howard family were sent to the Tower, including the Duke of Norfolk's stepmother, the Dowager Duchess of Norfolk. However, the French ambassador Marillac wrote on 17 January 1542, that the Duke had not only escaped punishment, but had apparently been restored to his 'full former credit and authority'.
Parliament reversed his attainder and recorded Richard's kingship as illegal, although the Yorkist king's reign remained officially in the annals of England history. The proclamation of Edward IV's children as illegitimate was also reversed, restoring Elizabeth's status to a royal princess. The marriage of Elizabeth, the heiress to the House of York, to Henry, the master of the House of Lancaster, marked the end of the feud between the two houses and the start of the Tudor dynasty. The royal matrimony, however, was delayed until Henry was crowned king and had established his claim on the throne firmly enough to preclude that of Elizabeth and her kin.
The elder son, Edward (c. 1357 – 5 December 1419), inherited the earldom from his grandfather, the 10th Earl, and became 11th Earl of Devon. The 11th Earl married Maud Camoys, and the earldom remained in their descendants until their great-grandson, Thomas Courtenay, 14th Earl of Devon, was beheaded at York on 3 April 1461 after the Battle of Towton, dying without issue. All his honours were forfeited by attainder, and the earldom eventually passed, after a brief period of confusion during the Wars of the Roses (for which see Earl of Devon), by a new creation in 1485 to Edward Courtenay, 1st Earl of Devon (d.
As with his former suits, Oxford was again unsuccessful; during this time he was listed on the Pipe rolls as owing £20 for the subsidy. After the abortive Essex rebellion in February 1601, Oxford was 'the senior of the twenty-five noblemen' who rendered verdicts at the trials of Essex and Southampton for treason. After Essex's co- conspirator Sir Charles Danvers was executed on in March, Oxford became a party to a complicated suit regarding lands which had reverted to the Crown by escheat at Danvers's attainder, a suit opposed by Danvers's kinsmen. De Vere continued to suffer from ill health, which kept him from court.
During her imprisonment in the Tower, Lady Rochford was interrogated for many months but was not tortured. However, she seems to have suffered a full nervous breakdown and by the beginning of 1542 was pronounced insane. Her "fits of frenzy" meant that legally she could not stand trial for her role in facilitating the queen's adultery, but since he was determined to have her punished, the King implemented a law which allowed the execution of the insane for high treason. Jane was thus condemned to death by an Act of Attainder, and the execution date was set for 13 February 1542, the same day as Catherine Howard.
Finally, the Act did not violate the Bill of Attainder clause of the Constitution because this Act does not convict former President Nixon of a crime and does not expose him to prosecution. The Court commented that Congress was justified in approving the Act because Congress believed Nixon was a President who could serve as an example for future presidents. The Court determined that the purpose of this Act was not to punish President Nixon, but simply to legislate a policy that had a purpose of preserving important historical artifacts and presidential records. Chief Justice Warren Burger and Justice William Rehnquist wrote dissenting opinions.
He died, aged about seventy, on 2 June 1696, after a riding accident in St Germain, and was buried there the next day. He was succeeded by his only son William Herbert, Viscount Montgomery (Jacobite Marquess of Montgomery), as second Marquess of Powis and (Jacobite second Duke of Powis) (1665–1745), who was later jailed in the Tower as a Jacobite and fought a long battle in the courts to retain some of his property, resulting in the restoration of his family's estates. He was relieved of the attainder placed on his father and was restored to the forfeited peerages in the rank of marquess in 1722.
The amendments required union leaders to file affidavits with the United States Department of Labor declaring that they were not supporters of the Communist Party and had no relationship with any organization seeking the "overthrow of the United States government by force or by any illegal or unconstitutional means" as a condition to participating in NLRB proceedings. Just over a year after Taft–Hartley passed, 81,000 union officers from nearly 120 unions had filed the required affidavits. This provision was at first upheld in the 1950 Supreme Court decision American Communications Ass'n v. Douds, but in 1965, the Supreme Court held that this provision was an unconstitutional bill of attainder.
For example, the title of 19 Geo.2 c.26 (1745) (Attainder of Earl of Kellie and others Act 1746) ran to 65 lines of King's Printer and to over 400 words.The Law Commission and the Scottish Law Commission, Statute Law Revision: Fifteenth Report, Draft Statute Law Repeals Bill, Law Com 233, Scot Law Com 150, Part IV, para. 4.2, p. 76, footnote 2 BAILII Scottish Law Commission Short titles were first introduced for acts of Parliament in the 1840s.The Law Commission and the Scottish Law Commission, Statute Law Revision: Fifteenth Report, Draft Statute Law Repeals Bill, Law Com 233, Scot Law Com 150, Part IV, para. 4.2, p.
Dyve was concerned in the printing and publishing of his half-brother Lord Digby's speech on the attainder of the Earl of Strafford, for which the House of Commons resolved on 13 July 1641 that the books should be burned and ordered that Dyve should be arrested. On the outbreak of the Civil War he was concerned in a plan to admit the Royal forces to Hull, for which the Parliamentary governor, Sir John Hotham, ordered his arrest. Escaping the troops sent to seize him, he fled to Holland, but returned to England later the same year and was wounded at the Battle of Powick Bridge near Worcester.
P.A.T.) for deciding service cases of public servants. Strangely, it was provided that the judgment of the A.P.A.T. could be annulled by the State Government – a litigant before the A.P.A.T. Markandeya submitted that the provision that gave a litigant power to annul the judgment of the tribunal, before which it is a party is in the nature of a "Bill of Attainder" and void, which was accepted by the Supreme Court and clause (5) of Article 371-D was struck down. Pawan Kumar Jain vs. The Union of India was perhaps the first Supreme Court case challenging the constitutional validity of telephone tapping by the Government.
From England, the Earl of Douglas continued to intrigue against James III of Scotland; he was employed by Edward IV in 1461 to negotiate a league at Ardtornish with the western highlanders to take the nine-year old's kingdom for England. At some point he was made a Knight of the Garter. Following his attainder his first wife divorced him (if they ever married) so he married again to Anne Holland, daughter of John Holland, 2nd Duke of Exeter. In 1484 he was taken prisoner at the battle of Lochmaben Fair, and was relegated to Lindores Abbey, where he died in or after 1491.
In 1580, however, Sir John Throckmorton died holding it of the Queen as of the manor of East Greenwich. It passed to the Crown on the attainder of his Catholic son, Sir Francis Throckmorton, in 1584, thereafter for a few years held by John Cowper and William Kente. On 15 November 1589 the Queen granted the rectory to Sir Edward Stanley, but in 1594 it was conveyed by Ambrose and John Cowper to Edward Brabazon. By 1631 it had reunited with the advowson in the Earl of Meath's possession who in 1631 sold it and the manor to Sir John and Sir Robert King.
However, many Parliamentarians sought to use the new Parliament to bring the King to account. Relations between Charles and his Parliament quickly broke down. Robert Devereux depicted as Captain General on horseback, an engraving by Wenceslas Hollar Essex was a strong Protestant and he had a reputation for being one of the puritan nobles in the House of Lords. He was friends with John Pym, one of the strongest critics of Charles in the House of Commons during the Short Parliament and its successor the Long Parliament. In 1641, Parliament passed a Bill of Attainder against the King's minister Thomas Wentworth, Earl of Strafford who was fiercely loyal to Charles.
2d 980 (D.Neb. 2005) Judge Bataillon announced his ruling in favor of the plaintiffs on May 12, 2005, overturning Initiative Measure 416 based on the Equal Protection Clause, the First Amendment, and the prohibition on bills of attainder contained in the Contract Clause. First, although the parties had not raised the issue, Bataillon concluded sua sponte that the measure denied gays and lesbians access to the political system to gain recognition of their relationships without passing a new state constitutional amendment, which he believed unduly burdened their free speech rights, in violation of the First Amendment. Next, relying primarily on the Supreme Court's 1996 decision in Romer v.
Richard, however, repeatedly postponed the coronation. On 22 June, Ralph Shaa preached a sermon declaring that Edward IV had already been contracted to marry Lady Eleanor Butler when he married Elizabeth Woodville, thereby rendering his marriage to Elizabeth invalid and their children together illegitimate. The children of Richard's older brother George, Duke of Clarence, were barred from the throne by their father's attainder, and therefore, on 25 June, an assembly of Lords and Commons declared Richard to be the legitimate king (this was later confirmed by the act of parliament Titulus Regius). The following day he acceded to the throne as King Richard III.
On the accession of the Yorkist King Edward IV in 1461, he was subject to an attainder for supporting his Lancastrian half- brother, the deposed King Henry, to whom Jasper was loyal. He strove to place his half-nephew Prince Edward of Lancaster on the throne and provided absolute loyalty to his royal half-brother and Margaret of Anjou, his half-brother's wife. Jasper would also help his other sister-in-law Lady Margaret Beaufort assist her son Henry Tudor to win the throne in 1485 as King Henry VII, father of King Henry VIII. In 1485, Jasper financed the rebuilding of the north-west tower of Llandaff Cathedral, near Cardiff.
He was created a Knight of the Garter in 1395. He took the place of Sir Nicholas Sarnesfeld. There was no obvious reason for him to be granted such a high honour and personal mark of favour from the Sovereign, which came at a time when his uncle Richard FitzAlan, 11th Earl of Arundel and the King had already fallen out with each other. The fortunes of nephew and uncle may have been related, because Arundel's appointment as Constable and Warden of Reigate Castle was formalised on 7 October 1397, which was only weeks after his uncle's attainder and execution by beheading on 21 September.
However, in March 1534, a special Bill of Attainder against Fisher and others for complicity in the matter of the Maid of Kent was introduced in Parliament and passed. By this, Fisher was condemned to forfeit all his personal estate and to be imprisoned during the King's pleasure. Subsequently, a pardon was granted him on payment of a fine of 300 pounds. The same session of Parliament passed the First Succession Act, by which all who should be called upon to do so were compelled to take an oath of succession, acknowledging the issue of Henry and Anne as legitimate heirs to the throne, under pain of being guilty of misprision of treason.
Edward Lewknor (c.1517–1556) was the representative of a branch of a prominent Sussex family, in an armigerous line descending in the distaff side from the Camoys barony. Having attained standing as a member of parliament and (reportedly) a position of service in the royal household, his career was ended abruptly by his involvement in Henry Dudley's conspiracy against Queen Mary I, and his consequent attainder. His children were restored in blood by Queen Elizabeth I.For a referenced account of Edward Lewknor, see R.J.W. Swales, 'Lewkenor, Edward (1518–56), of Kingston Buci, Sussex', in 'Local Politics and the Parliamentary Representation of Sussex 1529–1558' (PhD Dissertation, University of Bristol 1964), Vol.
There have been four creations of the title Baron Lumley, all in the Peerage of England: The first creation was in 1384 for Sir Ralph Lumley but after being beheaded by the citizens of Cirencester for his part in the Epiphany Rising, he was posthumously attainted and his title forfeit. The next creation was in 1461 for the grandson of the first baron, Sir Thomas Lumley in 1461. Shortly after, he obtained a reversal of his grandfather's attainder and presumably became the 2nd Baron Lumley of the 1384 creation also. Upon the death of the 5th/4th baron in 1545, the title was forfeit due to the opposition of his son, George, to the Dissolution of the Monasteries.
586 In 1992, the Danvers Tercentennial Committee persuaded the Massachusetts House of Representatives to issue a resolution honoring "the courage and steadfastness of these condemned persons who adhered to truth when the legal, clerical, and political institutions failed them". While the document did list the names of all those not previously granted reversal of attainder, it only noted that these individuals were "worthy of remembrance and commemoration".Roach, 2002, p. 587 After many efforts by a Salem schoolteacher, Paula Keene, Representatives J. Michael Ruane and Paul Tirone and several others, When it was finally signed on 31 October 2001 by Governor Jane Swift, more than 300 years later, all were finally proclaimed innocent.
Howe was returned unopposed as Member of Parliament (MP) for Hindon at the general elections in February and August 1679 and sat until January 1681. He was returned unopposed as MP for Tamworth in 1685 and sat until 1687. Howe held an estate at Chedworth, six miles from Cirencester, and at the 1690 English general election he was returned in a contest as MP for Cirencester on his own interest. He retained the seat at the 1695 English general election. He refused to sign the Association in February 1696, and opposed fixing the price of guineas at 22 shillings in March. He voted against the attainder of Sir John Fenwick on 25 November 1696.
When the Yorkists again prevailed in the following year, Edward IV had the legislation of Henry VI's second reign cancelled, and all of John Courtenay's honours were forfeited. A few weeks later, on 4 May 1471, he died fighting on the losing side at the Battle of Tewkesbury (1471), leaving no children. According to Cokayne, "on his death the representation of the ancient Earls of Devon (of the family of Reviers from whom the Courtenays had inherited it) and of the Barony of Courtenay (created by the writ of 1299) fell into abeyance between his sisters or their descendants, subject to the attainder of Edward IV (1461), which revived on that King's re-accession 14 April 1471"..
He was a member of the council of the north in 1569 when he joined Thomas Percy, 7th Earl of Northumberland, and his uncle Christopher Neville, in the Catholic Rising of the North, which had as its object the liberation of Mary Queen of Scots. On the collapse of the ill-organised insurrection Westmorland fled with his brother earl over the borders, and eventually to the Spanish Netherlands, where he lived in receipt of a pension from Philip II of Spain, until his death on 16 November 1601. He left no sons, and his honours were forfeited by his formal attainder in 1571. Raby Castle remained in the hands of the crown until 1645.
Eustace Chapuys, Imperial ambassador for Charles V, Holy Roman Emperor, nephew of Queen Catherine of Aragon, noted that there was some difficulty in obtaining a conviction for treason, and the trial ended without a sentence. In January 1534, indictments were drawn for a second trial, but Thomas Cromwell decided instead to seek a bill of attainder. According to Francis Aidan Gasquet, since the names of those attainted was not immediately released, those who early had supported Barton, did not offer any objection, and some offered Cromwell money in exchange for pardons. Bocking and the others were not given an opportunity to address the charges; Parliament based its ruling on documentation supplied by the King's council.
He was the son of Edward Seymour, 1st Earl of Hertford (1539–1621), by his wife Lady Katherine Grey (died 1568), a younger sister of Lady Jane Grey, "The Nine Day Queen". His grandfather was Edward Seymour, 1st Duke of Somerset (executed 1552), all of whose titles became forfeit on his attainder by the Parliament of England, during the reign of his nephew King Edward VI (reigned 1547–1553). His father was however re-elevated to the peerage in 1559 by Queen Elizabeth I (1558–1603), as Baron Beauchamp of Hache and Earl of Hertford. During the lifetime of his father, whom he predeceased, he was known by the courtesy title (his father's lesser title) "Lord Beauchamp".
Then in 1615 her daughter Frances Leveson gave the rest of that lease, due the tenant's attainder to Sir Edward Barrett and Walter Barrett while the reversion was held by Sir Richard Sondes. George Ede purchased this massive estate in 1612 and it passed to Jasper Ockley in 1616. Sir Isaac Shard who was one of two Sheriffs of the City of London in 1730 who conveyed it to Thomas Clark and then passed as with the other manors; in 1911 W. L. Williams its owner lived at Portley in what remained of the estate. De Stafford School in Caterham on the Hill occupies a small part of the estate and is named after the earlier known owner.
Oliver Cromwell, Henry Ireton, Judge Thomas Pride, and Judge John Bradshaw were posthumously attainted for high treason. Because Parliament is a court, the highest in the land, a bill of attainder is a legislative act declaring a person guilty of treason or felony, in contrast to the regular judicial process of trial and conviction. In January 1661, the corpses of Cromwell, Ireton and Bradshaw were exhumed and hanged in chains at Tyburn. In 1661 John Okey, one of the regicides who signed the death warrant of Charles I, was brought back from Holland along with Miles Corbet, friend and lawyer to Cromwell, and John Barkstead, former constable of the Tower of London.
Henry Brooke, 11th Baron Cobham (1564–1619), who married Frances Howard (c. 1572 – 1628), 2nd daughter of Charles Howard, 1st Earl of Nottingham and widow of Henry FitzGerald, Earl of Kildare. He was attainted in 1603,The attainder was removed in 1916 for his part in a plot to overthrow King James I, when the peerage became abeyant instead of becoming extinct. His lands were forfeited to the crown, although in 1604 King James I granted to his wife Frances Howard a lease for her life of Cobham Hall, where she lived "in solitary state" until her death in 1628, having in the meantime taken "no notice whatever of her husband after his trial",G.
In October 1483 Stafford's father participated in a rebellion against King Richard III. He was beheaded without trial on 2 November 1483, whereby all his honours were forfeited. However, after Richard III's defeat at Bosworth on 22 August 1485, and King Henry VII's accession to the crown, Stafford's elder brother was made a Knight of the Order of the Bath on 29 October 1485 as Duke of Buckingham, and attended Henry VII's coronation the following day. Their father's attainder was formally reversed by Parliament in November of that year, and the wardship of both Henry Stafford and his elder brother were granted, on 3 August 1486, to the King's mother, Margaret Beaufort.
Grey took some part in resisting the arbitrary actions of James II, and was arrested in July 1685. After his release he took up arms on behalf of William of Orange in the Glorious Revolution, after whose accession to the throne he was made a Privy Counsellor (1694) and Lord Lieutenant of Devon (1696). Politically he was described as an "unrepentant Whig", who reaffirmed his belief in the Popish Plot by voting against the motion to reverse the attainder on William Howard, 1st Viscount Stafford. In 1697 he became Chancellor of the Duchy of Lancaster, and in 1699 President of the Board of Trade, being dismissed from his office upon the accession of Anne in 1702.
No bill of attainder, ex post facto law, retroactive law, or laws impairing the obligation of contract or making irrevocable grant of special privileges or immunities shall be passed. Paragraph XI. Right to trial by jury; number of jurors; selection and compensation of jurors. (a) The right to trial by jury shall remain inviolate, except that the court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed and where a jury is not demanded in writing by either party. In criminal cases, the defendant shall have a public and speedy trial by an impartial jury; and the jury shall be the judges of the law and the facts.
John Rous (died 1492) wrote that after the death of Richard III's only legitimate son, Edward of Middleham, Richard III named Warwick as heir to the throne; however, there is no other evidence for this, and historians have pointed out that it would be illogical for Richard to claim that Clarence's attainder barred Warwick from the throne while at the same time naming him as his heir.Hazel Pierce, Margaret Pole, Countess of Salisbury 1473-1541 (University of Wales Press, 2009), p. 9. However, in 1485, upon the death of Richard's queen, Anne, Edward was created Earl of Salisbury by right of his mother, who was a co-heiress with Anne to the earldom.
The Earldom of Doncaster and Barony of Scott of Tindale had been forfeit at the time of the first Duke's attainder, but the titles were restored to the 2nd Duke of Buccleuch in 1742. Until 1835, the Dukes also held lands in the West Riding of Yorkshire and the ancient title of Lord of Bowland. The Duke of Buccleuch is the hereditary chief of Clan Scott. The holder is one of only five people in the UK to hold two or more different dukedoms, the others being the Duke of Cornwall and Rothesay, the Duke of Hamilton and Brandon, the Duke of Argyll (who holds two dukedoms named Argyll), and the Duke of Richmond, Lennox and Gordon.
Pillsbury v. Commissioner, a case in which taxpayer Leecil Pillsbury's argument—that section 6702 violates the Fifth Amendment Due Process Clause of the Constitution—was ruled to be without merit. In that case, the court also ruled the following taxpayer arguments to be invalid: (1) the argument that section 6702 is an unconstitutional Bill of Attainder; (2) the argument that section 6702 unconstitutionally authorizes the imposition of cruel and unusual punishment; (3) the argument that section 6702 unconstitutionally violates the doctrine of separation of powers; and (4) the argument that section 6702 unconstitutionally violates the taxpayer's First Amendment rights to petition the government for redress of grievances.Pillsbury v. Commissioner, 84-1 U.S. Tax Cas. (CCH) ¶ 9211 (E.D. Mich. 1984).
In later years, the government councillor, Sir Henry Wallop, voiced his resentment at the denial of these lands to the Plantation of Munster, which was established after the Second Desmond Rebellion and the attainder of Gerald Fitzgerald, 15th Earl of Desmond. Fitzgibbon was regularly traduced by government officials, and his hereditary enemy Lord Roche accused him of complicity in the late rebellion. He found himself under pressure to display unquestioning loyalty to a crown that was unpopular amongst his followers, and he struggled in these trying circumstances. In 1584, he accompanied the lord deputy, Sir John Perrot, on the government's campaign in Ulster against Sorley Boy MacDonnell, and was commended for his valour after receiving a wound.
When the naval victuallers were ordered into custody on 23 November he came forward as security for Sir Richard Haddock, and on 5 December he was teller for the successful motion for their release on bail. A member of the committee on the bill for restoring corporations, he acted as teller for disabling James II's regulators when the measure reached the floor of the House. A high-church Tory, Fox was far more of a party man than his father, though he regularly voted for supply under William III and Anne. He was dismissed in 1696 for voting against the attainder of Sir John Fenwick and again under Anne for voting for the Tack.
The Irish Sword, Vol 4–11 and various lordships around Ulster.The Will of John O'Neill, 3rd Count of Tyrone, Micheline Walsh, 1970 p. 30 Further, with the Oireachtas act of March 2015, which reversed the Attainder of Shane O'Neill from 1569,The Belfast Newsletter, Thursday 12 March 2015 the family have the recognized legal rights to the historical legacy and incorporeal property of Conn Bacach O'Neill, Shane the Proud, and Hugh O'Neill, Earl of Tyrone. In the early 18th century, in an effort to retain property, many McShane families began to translate their surname from the Gaelic "Son of John" or "Mc Shane" to the English "Son of John"Irish Names and Surnames by Rev.
Walpole was also appointed chairman of a secret committee formed to investigate the actions of the previous Tory ministry in 1715.archive.org: "A Report from the Committee of Secrecy, appointed by order of the House of Commons: to examine several books and papers laid before the House, relating to the late negociations of peace and commerce, &c.; : reported on the ninth of June, 1715" by Robert Walpole, Chairman Lord Oxford was impeached, and Lord Bolingbroke suffered from an act of attainder. Lord Halifax, the titular head of the administration, died in 1715 and by 1716 Walpole was appointed to the posts of First Commissioner (Lord) of the Treasury and Chancellor of the Exchequer.
Kightly, p.6. Unfortunately, Robert's eldest son, the later Lord Moleyns, was captured by the French at the battle of Castillon, which was fought at the end of the Hundred Years War in 1453. The huge ransom of over £10,000 required to ensure his release financially crippled the family, and Lord Moleyns did not return to England until 1459. By this time England had entered the period of civil conflict between the Houses of York and Lancaster known as the Wars of the Roses. Moleyns was a Lancastrian supporter and fought against the Yorkists in 1460 and 1461, leading to first his exile and then his attainder, under which Farleigh Hungerford Castle was seized by the Crown.
As the attainder of Thomas of Lancaster had been annulled, upon the death of Alice de Lacy in 1348, the honour was reincorporated into the Earldom of Lancaster, later becoming part of the Duchy of Lancaster. Before 1361 grazing rights within the park were leased out, initially to the park-keeper, and the practice continued through the 15th century. A decree issued in 1480 ordered the payments stopped to officers of the park as there was no game to keep, however is doesn't seem to have been enforced. And the rights and privileges of several officers including the park-keeper, the constable and porter of Clitheroe Castle, and the bailiff of Salford Hundred were confirmed in a 1485 act.
Hugh le Despenser, who held the lordship for a short time, obtained in 1323 a charter of liberties for the burgesses, granting them freedom from toll throughout England, Ireland and Aquitaine. Hugh, Earl of Stafford granted a further charter in 1385, confirmed by his grandson in 1427, which gave the burgesses the right of self-government and of a merchant gild. On the attainder of the Duke of Buckingham in 1483 the lordship lapsed to the crown, of whom it was held in the 16th and 17th centuries by the Pembrokes, and in the 19th by the Beauforts. The town was incorporated by Royal Charter of James I in 1623 and confirmed by Charles II in 1685.
By 1347, the castle had only one occupant, Catherine, the widow of William de Thweng, though it has been written that she occupied only a small number of rooms and the rest of the castle was in ruins. In 1537, after the execution of George Lumley, who took an active part in the Pilgrimage of Grace, the crown took possession of what was left of the castle, and later in the same century, it was described as being totally abandoned. Because of his execution, the Lumley Barony was put into attainder by the crown. Archaeological excavations in the 1960s and 70s revealed that the inner bailey was protected by two circular towers.
Sir James Harrington had a (possibly illegitimate) son, John, whom he made his heir before departing on the Scottish campaign of 1480, and whom Richard III had made an esquire of the household.Horrox, R., Richard III: A Study in Service, Cambridge 1989, p. 267 His widow Elizabeth wrote to her second husband some time after Bosworth expressing the belief that the boy had been poisoned ("a little before [or] or more probably a little after" that battle, reports Baldwin) by her ex-brother-in-law Edward Stanley, who, having received James's estates from his attainder, wished to ensure that John would not be able to seek its reversal.Baldwin, D., Stoke Field, Barnsley 2006, p.
In 1473, following the forfeiture of it by James Butler, 5th Earl of Ormond, it passed to the Crown, and King Edward IV gave the largest part of it to his Queen. She had built a chapel, dedicated to Erasmus, the Dutch humanist, adjoining the abbey church at Westminster, and endowed it with the manors of Cradley and Hagley, but the manor reverted to Thomas Butler, 7th Earl of Ormond, when the attainder was reversed by Henry VII. In 1564, the 7th Earl's grandson sold it, together with Oldswinford, Hagley and Clent, to Sir John Lyttleton of Frankley.'Halesowen: Introduction, borough and manors', Victoria County History, Worcester: volume 3 (1913), pp. 136-146.
A scheme to gain over the leaders of the parliament, and a scheme to seize the Tower of London and to liberate Strafford by force, were entertained concurrently and were mutually destructive. The revelation of the First Army Plot on 5 May 1641 caused the Lords to reject the submissions in defence of Strafford by Richard Lane and to pass the attainder. Strafford's enemies were implacable in their determination that he should die: in the Earl of Essex's phrase "stone dead hath no fellow", while the view of Oliver St. John was that Strafford should be regarded not a man, but as a dangerous animal who must be "knocked on the head". Nothing now remained but the King's signature.
In April 1640, Haselrig was elected Member of Parliament for Leicestershire in the Short Parliament He was re-elected MP for Leicestershire for the Long Parliament in November 1640. He was heavily involved in the Act of Attainder against Thomas Wentworth, Earl of Strafford, the Root and Branch Bill and the Militia Bill of 7 December 1641. Charles I tried to arrest him for treason on 3 January 1642, along with John Hampden, Denzil Holles, John Pym and William Strode. However the so-called "Five Members", together with the peer Edward Montagu, 2nd Earl of Manchester who was also due to be arrested, were tipped off by Robert Devereux, 3rd Earl of Essex.
When the Long Parliament met, Northumberland became one of the leading critics of royal policy. During Strafford's trial for high treason and the subsequent bill of attainder against him, Northumberland gave evidence at his trial which, though favourable on the important point of bringing the Irish army to England, was on the whole damaging. Northumberland's brother Henry was involved in the First Army Plot of 1641, an attempt to rescue Strafford from the Tower of London and to forcibly dissolve the Long Parliament. Northumberland encouraged his brother to write a letter exposing the royalist plot to rescue Strafford, and then, at John Pym's urging, agreed to allow Denzil Holles and John Hampden to publish this letter.
He voted against fixing the price of guineas at 22 shillings in March 1696 and voted against the attainder of Sir John Fenwick on 25 November 1696. He was returned for Oxfordshire again at the 1698 English general election in a keenly-fought contest. He was restored as JP for Oxfordshire and Oxford in 1700 for the rest of his life. He was returned unopposed again at the first general election of 1701 but was blacklisted at the dissolution for opposing preparations for war with the French. He was returned again unopposed at the second general election of 1701 and supported the motion to vindicate the Commons’ proceedings in impeaching the former Whig ministers on 26 February 1702.
When the Wars of the Roses broke out, he was in the party of the queen, Margaret of Anjou, and was one of the Lancastrian commanders at the First Battle of St Albans, where he was wounded. Courtenay was said to have promoted a reconciliation between the Lancastrian and Yorkist parties, but he died suddenly in 1458. The Wars of the Roses later led to the deaths and executions of all three of Courtenay's sons, Thomas, Henry, and John, and to the eventual attainder of his titles and forfeiture of his lands. The Earldom was however revived in 1485 for his distant cousin, Sir Edward Courtenay, third in descent from his great-uncle.
John de la Pole's attainder meant that his brother Edmund inherited their father's titles, but much of the wealth of the duchy of Suffolk was forfeit. Edmund did not possess sufficient finances to maintain his status as a duke, so as a compromise he accepted the title of earl of Suffolk. Financial difficulties led to frequent legal conflicts and Edmund's indictment for murder in 1501. He fled with his brother Richard, while their remaining brother, William, was imprisoned in the Towerwhere he would remain until his death 37 years lateras part of a general suppression of Edmund's associates Philip the Fair had been holding Edmund and in 1506 he returned him to Henry.
Edward Stafford, Duke of Buckingham, combined multiple lines of Plantagenet descent: from Edward III by his son Thomas of Woodstock, from Edward III via two of his Beaufort grandchildren, and from Edward I from Joan of Kent and the Holland family. His father failed in his rebellion against Richard III in 1483 but was restored to his inheritance on the reversal of his father's attainder late in 1485. His mother married Henry VII's uncle Jasper Tudor, and his wardship was entrusted to the king's mother, Lady Margaret Beaufort. In 1502, during Henry VII's illness, there was debate as to whether Buckingham or Edmund de la Pole should act as regent for Henry VIII.
In this parliament he spoke powerfully against granting any subsidies to the King before receiving any redress of grievances, and apparently compared "our affayres to the bondage of the Israelites in Egypt". In November 1640 he was elected MP for Marlborough to the Long Parliament. He soon began to differ from the popular party, and on 19 February 1641 he was created Baron Seymour of Trowbridge, Wiltshire, a year after his elder brother had been created Marquess of Hertford. In the House of Lords he insisted on voting against Strafford's attainder, although the opposite party denied his competence to vote because he was not a peer when the charges against Strafford were first brought up.
However, the Endō clan escaped attainder, and were transferred to the 10,000 koku Mikami Domain in Shimotsuke Province, where they resided to the Meiji restoration. The Endō were replaced by a cadet branch of the Inoue clan from Kasama Domain in Hitachi Province from 1692-1697, with a kokudaka of 50,000 koku. The Inoue were transferred to Kameyama Domain in Tanba Province in 1697 and were replaced by the Kanemori clan from Kamiyama Domain in Mutsu Province from 1697 to 1758 with a kokudaka set at 38,000 koku. The Kanemori faced a 4-year peasant revolt from 1754 which they were unable to suppress, and they were removed from office by the Tokugawa shogunate.
In February 1857, he was admitted to Heath Grammar School, Halifax. In 1867, he was admitted to St John's College, Cambridge. He graduated from the University of Cambridge, with a Master of Arts degree and from the University of Edinburgh, as a Doctor of Medicine, and became a Fellow of the Linnean Society of London. The Committee for Privileges and Conduct of the House of Lords declared on 22 July 1912 that he was one of the co-heirs of the titles of Baron Burgh and Baron Cobham (of (Cobham, in) Kent) (except for the attainder), and on 11 May 1914 that he was one of the co-heirs of the title of Baron Strabolgi.
This was sent for favourable consideration to the Privy Council, again via Strickland, and a committee set up to consult with the younger Humphrey Mackworth on what to offer. In December of the same year, three months after Oliver Cromwell's death, a pension of £160 was at last settled on Mrs Mackworth.Calendar of State Papers, Domestic Series, 1658–1659 p. 224. After the Restoration (1660) Mackworth was regarded as attainted and as a regicide, although he was never named in an act of attainder and was not one of the judges at the trial of Charles I. His body was disinterred in September 1661, with other servants of the Commonwealth buried in Westminster Abbey,Cf.
He acquired the estate of Haseley in Warwickshire in 1554 from his uncle, who had himself acquired it from the Crown after the attainder of its previous owner, the Duke of Northumberland. He also enhanced his fortune through successful trading, and was a founder member of the Muscovy Company. Throckmorton was a reliable but moderate Protestant, although one of his brothers remained a Catholic, which cast a shadow of doubt over Clement's allegiances, and he himself was loyal to Queen Mary while she was on the throne. However, his son, Job, was later one of the most active lay supporters of the Puritan opposition, and was deeply involved in the publication of the Marprelate Tracts.
Styled Lord Haughton from 1624, he was member of parliament for East Retford in three parliaments (1623–1626) before succeeding to the peerage in 1637. During the Thirty Years’ War, at the siege of Bois-le-Duc in 1629, he served as a volunteer under the command of his father-in-law, Horace Vere, 1st Baron Vere of Tilbury. Although he had quarreled with Thomas Wentworth, 1st Earl of Strafford, who had married his sister Arabella, in 1641 he opposed Strafford's impeachment in the House of Lords, and during the trial asked several questions favourable to his defence. After Parliament sentenced Strafford to death by attainder, he pleaded hard with King Charles I for Strafford's life, but without success.
Though generally acting with the Country party, he was sometimes seen as a Court Tory. He took several leaves of absence during the Parliament. Returned again at the 1695 English general election, he refused to sign the Association in February 1696 and voted against fixing the price of guineas at 22s in March. He voted against the attainder of Sir John Fenwick on 25 November 1696. In 1698 he tried to claim the post of Clerk of the Pells for which his father had purchased the reversion, but was unsuccessful. He was returned as a Tory at the 1698 English general election and was expected to oppose the standing army in October.
Such legal complexities unfolded to an entirely different rhythm from politics. An almost adjacent entry in the Patent rolls for 4 February shows how delicately the king, evidently worried by spreading disaffection, was handling Shropshire people affected by Arundel's attainder. In this case, in an issue that might have been initiated by Burley, the king ensured that an Oswestry brewer would not be out of pocket, as he had invested heavily in premises granted by Arundel. Burley's own position with the régime seems to have been little affected and he was reappointed as a justice of the peace on 16 September 1398, after a lapse of little more than a year:Calendar of Patent Rolls, 1396–1399, p. 435.
On September 18, 2015, the U.S. House of Representatives voted 241187 to defund Planned Parenthood for one year, allowing time to investigate alleged wrongdoing by Planned Parenthood. The vote was largely symbolic and was not expected to pass in the Senate; additionally, President Obama stated that he would veto legislation to defund Planned Parenthood. Some raised the issue that this kind of congressional vote could violate the United States Constitution, which prohibits bills of attainder, which refers to lawmakers punishing an individual or organization based on alleged infractions without a finding of guilt by a court. On October 7, 2015, The U.S. House of Representatives created the House Select Investigative Panel on Infant Lives led by Marsha Blackburn.
After graduating with a BCL in 1448, he practised law in ecclesiastical courts, including the Court of Arches, being appointed rector of Shellingford (Berkshire) in 1453. He was made prebendary of Sarum in 1458, rector of St. Dunstan's (in the West), archdeacon of Norwich circa 1460. He became a government lawyer with the Lancastrian party and drafted the Bill of Attainder against Richard, Duke of York in 1459. He was captured after the Battle of Towton and attainted, but escaped into exile, joining Queen Margaret in France, where he was Keeper of the Privy Seal to Henry VI in the Lancastrian government in exile and graduated in theology from the University of Louvain in 1469.
Among its first actions was the passage of a bill to restore Lewknor's children in blood, lineage and degree, reversing the effect of his attainder. The petition of Edward, Thomas, Stephen and William, and of Jane, Mary, Elizabeth, Anne, Dorothie and Lucrecie, addressed to Elizabeth that their father Howard, The Visitation of Suffolke, II, p. 269.. It was read in the House of Commons on 3, 10 and 15 March, when it was passed by them, and, being taken to the Upper House on 20 March, it received all three readings on the following day, all these being recorded in the Journal of Sir Simonds D'Ewes.S. D'Ewes, revised P. Bowes, Journals of all the Parliaments During the Reign of Queen Elizabeth (John Starkey, London 1682), p.
He studied at Trinity College Dublin. When his father was executed for treason in 1641, William left England for several years, mainly for fear of reprisals (although most of his father's enemies bore no ill-will to his widow or children), and lived for a while in France. He is said to have acted as a Royalist agent in Germany and Denmark, in partnership with Henry Coventry, which ended in a bitter quarrel, and a duel. In 1652 he was allowed to return to England on taking an oath of abjuration. In 1662 the bill of attainder against his father was reversed by Parliament, and he regained the title of Earl of Strafford and was invested as a Knight of the Garter in 1661.
The title Baron Ferrers of Chartley was created on 6 February 1299 for John de Ferrers, son of Robert de Ferrers, 6th Earl of Derby. The daughter of the 6th Baron Ferrers of Chartley, Anne, married Walter Devereux who was summoned to parliament as Lord Ferrers in her right. Their descendants became Earls of Essex and the peerage was forfeited in 1601 on the attainder of Robert Devereux, 2nd Earl of Essex, but restored to his son Robert in 1604, on whose death in 1646 the peerage fell into abeyance. The abeyance was terminated in 1677 when Robert Shirley, a grandson of one of the sisters of the 3rd Earl of Essex, was summoned as Lord Ferrers of Chartley with precedence to the original creation.
The estate was then passed on to the Derwentwater's. However due to his joining the rebel cause during the Jacobite Rebellion in 1715 the Earl of Derwentwater was stripped of his title and his estate and after his attainder, the manor was awarded to the Governors of the Greenwich Hospital. By the 13th century all traces of the castle proper and its fortifications had been lost and at present even the exact location of the castle is in doubt, as the raised mound attributed as being the earthworks of the castle has been speculated to be natural, as the round truncated second mound on top of the first cannot be the mound of a defensive tower as it is too small.
On 17 November 1659, while in exile, Ossory married Emilia van Nassau, the second daughter of Louis of Nassau, Lord of De Lek and Beverweerd. Thomas and Emilia had eleven children, including two sons: #James (1665–1745), became the 2nd Duke of Ormonde in 1688; and #Charles (1671–1758), became the de jure 3rd Duke of Ormonde, following his elder brother's attainder in 1715. —and two daughters: #Elizabeth (died 1717), married William Stanley, 9th Earl of Derby in 1673; #Amelia (died 1760), inherited the estates of her brother Charles and never married. and #Henrietta (died 1724), married Henry de Nassau d'Auverquerque, 1st Earl of Grantham; Quartered arms of Thomas Butler Sir Peter Lely The Earl of Ossory He accompanied Charles II back to England in 1660.
The title of Earl of Lancaster was created in the Peerage of England in 1267. It was succeeded by the title Duke of Lancaster in 1351, which expired in 1361. (The most recent creation of the ducal title merged with the Crown in 1413.) King Henry III of England created the Earldom of Lancasterfrom which the royal house of Henry IV was namedfor his second son, Edmund Crouchback, in 1267. Edmund had already been created Earl of Leicester in 1265 and following the Second Barons' War and the death and attainder of the king's rebellious brother-in-law Simon de Montfort, 6th Earl of Leicester in 1265, the latter's lands, including most notably Kenilworth Castle in Warwickshire, had been awarded to him.
He was elected MP for Northamptonshire in November 1640 for the Long Parliament. He voted against the attainder of Strafford, but supported Parliament when Civil War came, although he was a moderate, suspicious of the Army and supported the Self-Denying Ordinance. He was chosen chairman of the Commons Committee on Religion, was one of the parliamentary commissioners sent to negotiate with the Royalists at Uxbridge in 1645, and was one of those entrusted with the custody of the King at Holdenby House after the Scots handed him over to Parliament in 1647. However, the following year the army leaders, knowing that he would oppose the trial of the King, had him arrested and he was excluded from his parliamentary seat in Pride's Purge.
This attainder was reversed in 1485 for the then 4th baroness of Hungerford, and so it came into the Hastings family of Earls of Huntingdon until 1789, when it came into the Rawdon(-Hastings) family of the Marquesses of Hastings until 1868 when it fell into abeyance. This abeyance was terminated three years later for a member of the Abney-Hastings family and an Earl of Loudoun. In 1920 it again fell into abeyance, which was terminated one year later for the Philipps family of the Viscounts of St Davids where it has remained since. Another Barony of Hungerford with the distinction de Heytesbury was created in the Peerage of England on 8 June 1526 for another Walter Hungerford, who was summoned to parliament.
In a concurring opinion, Justice Black expressed his opinion that the whole act, including Section 6, was a bill of attainder. He held it appropriate "to point out that the Framers thought that the best way to promote the internal security of our people is to protect their First Amendment freedoms of speech, press, religion and assembly, and that we cannot take away the liberty of groups whose views most people detest without jeopardizing the liberty of all others whose views, though popular today, may themselves be detested tomorrow." Justice Douglas, also concurring, opined that "Freedom of movement is kin to the right of assembly and to the right of association. These rights may not be abridged," citing De Jonge v.
Bassett commenced proceedings for defamation in the Supreme Court of New South Wales, which he was entitled to do after the attainder rule was abolished by the Felons Act 1981 (NSW), although, given his history of mental illness, the proceedings were commenced by the Protective Commissioner as his tutor. After a ruling on the form and capacity of the imputations (Bassett v Ironbark Press, Levine J, 14 October 1994), the publisher pleaded defences of justification (Bassett being a convicted murderer) and the proceedings never went further. Since his release, Bassett has voluntarily given a DNA sample to clear his name, but whether or not he has been eliminated as a suspect by DNA has yet to be publicised. A second suspect is Christopher Wilder.
Finally, Galloway was invited to buy back her own property on January 30, 1779, and even allowed to put it in her name. However, if she were to make this deal, she would be legally and politically "uncovered" and liable to be charged with treason. Grace Galloway discussed the debate in her diary, "First, shou'd I Claim & they Grant me the whole I then made Myself a subject to the state & owning their Authority subject Myself to All the Penalties of their Laws & there by banish myself from my husband & Child or render Myself liable to an Attainder". In addition, Galloway would have to pay taxes which would go against her conscience since the money would go to the Rebels' military.
An Act of Attainder was brought against the Marquess of Exeter and he was found guilty of treason by his peers in Westminster Hall, along with other supposed conspirators.J. P. D. Cooper, 'Courtenay, Henry, marquess of Exeter (1498/9-1538)', Oxford Dictionary of National Biography, Oxford University Press, Sept 2004 Some sources suggest the 'conspiracy' was largely exaggerated by Thomas Cromwell, at this point Chancellor of the Exchequer, and Richard Rich, 1st Baron Rich.Dodds, M. H., and R. Dodds. The Pilgrimage of Grace and the Exeter Conspiracy (Cambridge UP, 1915) Victorian historian J. A. Froude, however, writes that the Courtenays were 'petty sovereigns in Devonshire and Cornwall', which may go some way to explaining the true nature of the conspiracy.
This would mean building in stone and marks the beginnings of the original castle as a fortified residence. In 1330 a Sir Ralph de Bulmer obtained a charter of his desmesne from King Edward III acknowledging his ownership of the estate. Sir Ralph carried out further alterations to the building and obtained a licence to crenellate from King Edward III allowing him to make the manor house into a castle. All estates including Wilton estate were forfeit to the crown following the attainder and execution of Sir John and Lady Bulmer on 25 May 1537, for high treason under the 1534 Act of Supremacy, arising out of their part in the Pilgrimage of Grace, in protest against King Henry VIII's break with the Roman Catholic Church.
Cardona also argued that the statutes are unconstitutional bills of attainder. In a May 4 letter, DVA informed the speaker of the house that it would not defend the denial of benefits to veterans married to same-sex spouses on equal protection grounds. On May 21, the Bipartisan Legal Advisory Group (BLAG) of the U.S. house of representatives filed an unopposed motion to intervene in the case, which the court granted on May 21.Motion of the Bipartisan Legal Advisory Group of the U.S. House of Representatives for Access to the Record Before the Agency, Cardona v. Shinseki, No. 11-3083 (Vet. App.) (June 26, 2012) , accessed July 15, 2013 and on August 31 filed a brief defending the constitutionality of the statutes.
The Dowager Duchess, although included in the indictment, was not brought to trial as she was 'old and testy', and 'may die out of perversity to defraud the King's Highness of the confiscation of her goods', but like the others she was sentenced to imprisonment and forfeiture of lands and goods. On 6 February 1542 a bill of attainder against Queen Catherine and Lady Rochford received final reading, and on 13 February 1542 the Queen and Lady Rochford were beheaded on Tower Green. The King was of the view that there was as much reason to convict the Dowager Duchess of treason as there had been to convict Dereham. However the Council urged leniency, and she was eventually released from the Tower on 5 May 1542.
The vestments controversy also related to this movement, seeking further reductions in church ceremony, and labelling the use of elaborate vestments as "unedifying" and even idolatrous. King James I, reacting against the perceived contumacy of his Presbyterian Scottish subjects, adopted "No Bishop, no King" as a slogan; he tied the hierarchical authority of the bishop to the absolute authority he sought as King, and viewed attacks on the authority of the bishops as attacks on his authority. Matters came to a head when Charles I appointed William Laud as Archbishop of Canterbury; Laud aggressively attacked the Presbyterian movement and sought to impose the full Book of Common Prayer. The controversy eventually led to Laud's impeachment for treason by a bill of attainder in 1645 and subsequent execution.
In 1688, King James II of England (VII of Scotland), driven off by the ascent of William III and Mary II in the Glorious Revolution, came to Ireland with the sole purpose of reclaiming his throne. After his arrival, the Parliament of Ireland assembled a list of names in 1689 of those reported to have been disloyal to him, eventually tallying between two and three thousand, in a bill of attainder. Those on the list were to report to Dublin for sentencing. One man, Lord Mountjoy, was in the Bastille at the time and was told by the Irish Parliament that he must break out of his cell and make it back to Ireland for his punishment, or face the grisly process of being drawn and quartered.
However, he died in a naval encounter on his way back to France a few months later, in August 1691, and his brother and heir Charles Hamilton, 5th Earl of Abercorn was able to get the attainder reversed, on 24 May 1692. James Hamilton, 6th Earl of Abercorn was descended from another son of the first Earl, but inherited the Barony of Strabane in 1701 without regrant, under the special remainder. He, who had joined William of Orange in 1688, and fought to defend Londonderry, promptly had his Irish title promoted to Viscount Strabane. James Hamilton, second Marquess of Abercorn was Lord Lieutenant of Ireland in 1868, when he was created Duke of Abercorn, and Marquess of Hamilton of Strabane; both again in the Peerage of Ireland.
Woodward, : "The meaning [of the phrase 'law of the land'] is, that every citizen shall hold his life, liberty, property and immunities, under the protection of the general rules which govern society. Everything which may pass under the form of an enactment, is not, therefore, to be considered the law of the land. If this were so, acts of attainder, bills of pains and penalties, acts of confiscation, acts reversing judgments, and acts directly transferring one man's estate to another, legislative judgments, decrees and forfeitures, in all possible forms, would be the law of the land." Nevertheless, the Supreme Court declined in the case to address that aspect of Webster's argument, the New Hampshire Supreme Court having already rejected it,Dartmouth College v.
As neither "side" was happy with the outcome, and as the Irish gentry remained divided, the next conflict engendered much more radical proposals by each side. In 1689 James II's Patriot Parliament approved an Act of Attainder in which 2,000 (some say 3,000) of the newer landowners would be dispossessed without compensation. The Cromwellian Settlement of 1652 was repealed and all lands taken after the 1641 Rebellion would revert to the heirs of the former owners. The supporters of William III and Mary II, who won the war, proposed to indict over 3,900 of their enemies and confiscate their property, and in the ensuing "Williamite Settlement" over 2,000 lost their property to the "Commissioners of Forfeitures" which was sold on in the 1690s.
Around the same time he joined the newly formed Committee of Both Kingdoms on which he continued to sit until 1648, and the Committee for the Preservation of the Records. In November of that year Browne and St. John were two of the four members of the House of Commons to whom, with two lords, the new Great Seal was entrusted. cites Pari. Hist, ii. 606, iii. 70 The commoners appointed as commissioner of the Great Seal still continued to perform their other parliamentary functions. Lord Commissioner Browne was most active in the proceedings against Archbishop Laud, summing up the case in the House of Lords and carrying up the ordinance for his attainder passed by the Commons in November 1644. cites State Trials, iv. 570, 590.
He was blind for the last twenty years of his life, and received a pension of six hundred crowns from Philip. He had been outlawed in 1564 and his estates sequestered, but his correspondence with the pope and the King of Spain on behalf of Mary Queen of Scots brought an act of attainder against Englefield in 1585. Even then some legal difficulties stood in the way of their appropriation by the crown, for Englefield, obviously with an eye to this contingency, had conditionally settled them on his nephew, Francis Englefield (c. 1561 – 26 October 1631). The long arguments on the point are given in Cokes Reports, and a further Act of Parliament was passed in 1592 confirming the forfeiture to the crown (35 Eliz.
1708), daughter of Charles Howard, 1st Earl of Carlisle and his wife Anne Howard, he had three sons and one daughter, all of whom died young, and are buried with Fenwick at St Martin-in-the-Fields. Macaulay says that of all the Jacobites, the most desperate characters not excepted, he (Fenwick) was the only one for whom William felt an intense personal aversion. Fenwick's hatred of the king is said to date from the time when he was serving in Holland, and was reprimanded by William, then Prince of Orange. A horse, White Sorrel, owned by Fenwick was among items of his estate confiscated by the Crown on his attainder and a fall from that horse was partly responsible for William's death.
Grey was instead confined to Paris, as security for the repayment of a loan made to Henry Tudor by the French government, unable to return home until Henry VII was safely installed as king of England. Thereafter Henry VII took good care to keep his half-brother-in-law under control and Grey was not permitted to recover his former influence, although his attainder was reversed. Thomas Grey was confined in the Tower in 1487 during Lambert Simnel's rising and not released until after the House of Tudor victory in the Battle of Stoke Field. Though he accompanied the King on his expedition to France in 1492, he was obliged to commit himself in writing to ensure he did not commit treason.
Rebecca Nurse's descendants erected an obelisk-shaped granite memorial in her memory in 1885 on the grounds of the Nurse Homestead in Danvers, with an inscription from John Greenleaf Whittier. In 1892, an additional monument was erected in honor of forty neighbors who signed a petition in support of Nurse.Rebecca Nurse Homestead , rebeccanurse.org; accessed December 24, 2014. Memorial to the Victims of the Witch Trials, Principal Inscription, Danvers, Massachusetts Not all the condemned had been exonerated in the early 18th century. In 1957, descendants of the six people who had been wrongly convicted and executed but who had not been included in the bill for a reversal of attainder in 1711, or added to it in 1712, demanded that the General Court formally clear the names of their ancestral family members.
Ross, Richard III p. 111 Indeed, Davies has suggested that it was "only the subsequent parliamentary attainder that placed Buckingham at the centre of events", in order to blame a single disaffected magnate motivated by greed, rather than "the embarrassing truth" that those opposing Richard were actually "overwhelmingly Edwardian loyalists".C. S. L. Davies, "Stafford, Henry, second duke of Buckingham (1455–1483)", Oxford Dictionary of National Biography, Oxford University Press, 2004; online edn., September 2011 , accessed 24 November 2014 It is possible that they planned to depose Richard III and place Edward V back on the throne, and that when rumours arose that Edward and his brother were dead, Buckingham proposed that Henry Tudor, Earl of Richmond should return from exile, take the throne and marry Elizabeth of York, elder sister of the Tower Princes.
To think otherwise is terminally silly. Still, Amar asserted that Amendment 2 violated the Equal Protection Clause (although he preferred an alternative argument based on the Attainder Clause). Regarding the Equal Protection Clause, Amar wrote: > Under Amendment 2, heterosexuals could win local ordinances and state laws > protecting themselves from being discriminated against on the basis of their > sexual orientation, but nonheteros could not win symmetric ordinances and > laws. Putting aside the odds of discrimination against heterosexuals, Amar suggested that even if Amendment 2 had barred special protection for both heterosexuals and homosexuals, that still would have been unconstitutional because it would single out groups by name for harm, just like a law that says "Akhil Reed Amar shall be ineligible for a private immigration bill or a suspension of deportation".
Glenflesk itself was known as the haunt of outlaws and tories, and in popular parlance the English referred to it as the 'Robbers Glen'. The dispossessed families of The O'Donoghue Mór had fled to the glens after the family's attainder in 1586 following Rory Mór's death at the end of the Desmond Rebellion, and they were no doubt the core of the rapparees inhabiting that stronghold in the Glen of the Flesk.Reference to O'Donoghue Mór families in Glenflesk in Petty's Survey 1659 They became notorious as the 'Dangerous O'Donoghues' who constantly harassed the English colony brought into the Killarney region by the undertaker Browne family, known as the Earl of Kenmare. In the late 18th century, the Glen was a haven during the Rightboy Movement which originated in Munster.
Montagu had to answer charges related to the arrest and subsequent death of the Duke of Gloucester in 1397. Eventually, he was released, due to the intercession of King Henry's sister Elizabeth, Countess of Huntingdon. Not long after his release, Montagu joined with the Earl of Huntingdon and a group of other barons in the Epiphany Rising, a plot to kill King Henry IV and restore Richard II. After the plot failed, mob violence ensued, and he was caught by a mob of townspeople at Cirencester, held without trial, and executed by beheading on 7 January 1400. His eldest son, Thomas – by Maud Francis daughter of London citizen, Adam Francis – eventually recovered the Earldom, though the attainder against John Montagu was not reversed until the accession of Edward IV in 1461.
During the Jacobite rising of 1745, Ranald MacDonald, the son of the Clan Ranald leader, amassed large amounts of debt by funding the Jacobite army. In the following year, Bonnie Prince Charlie was able to hide at Calvay Castle, after fleeing from the Battle of Culloden, until he was able to escape with the aid of Flora MacDonald. Though an act of attainder (and forfeit) was subsequently passed against Ranald, it had no effect, due to accidentally naming him as Donald MacDonald. Kelp on the Bornish beach Ranald's debts proved burdensome for his family, but his grandson, Ranald George MacDonald, was able to keep them at bay thanks to the Napoleonic Wars; the wars had restricted the supply of certain minerals, turning the production of soda ash by burning kelp into a highly profitable activity.
After the supporters of Henry III of England suppressed opposition from the English nobility in the Second Barons' War, Henry granted to his second son Edmund Crouchback the titles and possessions forfeited by attainder of the barons' leader, Simon de Montfort, 6th Earl of Leicester, including the Earldom of Leicester, on 26 October 1265. Later grants included the first Earldom of Lancaster on 30 June 1267 and that of Earl Ferrers in 1301. Edmund was also Count of Champagne and Brie from 1276 by right of his wife. Henry IV of England would later use his descent from Edmund to legitimise his claim to the throne, even making the spurious claim that Edmund was the elder son of Henry but had been passed over as king because of his deformity.
On 18 August 1803 David Wedderburn, "7th Baronet of Balindean" (but for the attainder), was created a baronet, of Balindean in the County of Perth, in the Baronetage of the United Kingdom, with remainder, failing heirs male of his own, to the heirs male of the fourth Baronet of the 1704 creation. Wedderburn later represented Perth Burghs in the House of Commons and served as Postmaster-General for Scotland. The third Baronet sat as Member of Parliament for Ayrshire South and Haddington Burghs while the fourth Baronet represented Banffshire in Parliament as a Liberal. On the latter's death in 1918 the title was inherited (according to the special remainder) by his kinsman John Andrew Ogilvy-Wedderburn, the fifth Baronet, who had assumed the surname of Ogilvy-Wedderburn the same year.
Lord John Grey and his brothers became involved in Wyatt's Rebellion which proposed to replace Catholic Queen Mary with her Protestant half-sister Elizabeth for which he was condemned to death. His brothers, Henry Grey, 3rd Marquess of Dorset (later Duke of Suffolk) and Lord Thomas Grey, were both executed but with the backing of his Catholic brother-in-law, the Viscount Montagu, Lord John Grey was released though still under attainder, and lived in obscurity until the death of Queen Mary. Grey became his father the 2nd Marquess's sole surviving son and heir but was deprived of the family marquessate, forfeited in 1554, thus being unable to sit in Parliament. Lady Jane Grey, his niece, had already been sentenced to death for treason before Wyatt's Rebellion and was executed the month after the rebellion.
The fifth Lord Bardolf appears in William Shakespeare's history play Henry IV, Part 2. A fictional Lord Bardolf appears in Benjamin Disraeli's 1845 novel Sybil. In Book 4, Chapter 7, the comical baronet Sir Vavasour Firebrace has an appointment with peerage lawyer Baptist Hatton, who tells him that The historical barony of Lovel (like that of Bardolf dating from 6 February 1299) had been forfeit since the attainder of Francis Lovel, 1st Viscount Lovel, son of Joan Lady Lovel, mentioned above, in 1485, and any right to it was vested in the same co-heirs as the baronies of Beaumont and Bardolf, descendants of Lovel's sisters. By Book 6, Chapter 4 of Sybil the Firebraces have become the Bardolfs and Hatton is attempting to make out his client's claim to the (fictional) earldom of Lovel.
During the Dissolution of the Monasteries, the abbey became involved in the uprisings against this act and the abbot, Matthew Mackarel,Dictionary of National Biography said to have been one of the leaders of the Pilgrimage of Grace in Lincolnshire, and six of the canons were subsequently hanged and quartered. The supposed complicity of Abbot Mackarel, like that of other heads of religious houses, gave Henry VIII the opportunity of laying hands upon the Abbey of Barlings and of placing it under the law of attainder. The abbey was closed and the remainder of the canons expelled with little compensation due to the activities of their condemned brethren. The abbey church was defaced, the lead torn from the roofs, and melted down under the special direction of Cromwell.
After the supporters of Henry III of England suppressed opposition from the English nobility in the Second Barons' War, Henry granted to his second son Edmund Crouchback the titles and possessions forfeited by attainder of the barons' leader, Simon de Montfort, 6th Earl of Leicester, including the Earldom of Leicester, on 26 October 1265. Later grants included the first Earldom of Lancaster on 30 June 1267 and that of Earl Ferrers in 1301. Edmund was also Count of Champagne and Brie from 1276 by right of his wife. Henry IV of England would later use his descent from Edmund to legitimise his claim to the throne, even making the spurious claim that Edmund was the elder son of Henry but had been passed over as king because of his deformity.
1410-1461) at the Battle of Towton and his subsequent attainder on 4 November 1461 put an end to any renewed hope of the recovery of Westmorland's inheritance.. Sir Humphrey Neville (c.1439–1469), son and heir of Westmorland's brother, Sir Thomas, took up the cause for a time against his cousin Richard Neville, 16th Earl of Warwick, the 'Kingmaker', who championed the position taken earlier by the Beauforts, but Humphrey was beheaded on 29 September 1469.. St. Brandon's Church, Brancepeth According to Pollard, it is unclear who, if anyone, became Westmorland's guardian after the death of his brother, Sir Thomas Neville; however surviving documents indicate that Richard, Duke of Gloucester, the future Richard III, acquired an interest in Westmorland's estates, and occasionally used Raby Castle as his own residence..
He was born in Ceredigion, Wales, the eldest of eight children of Edward Vaughan and his wife Letitia (Lettic) Stedman of Strata Florida, and was educated initially at The King's School, Worcester between 1613 and 1618, when he was admitted to Christ Church, Oxford. He attended until 1621, leaving without gaining a degree, and the same year was accepted into the Inner Temple. In 1625 he married Jane Stedman, with whom he had a son Edward, and in 1628 he was elected as a Member of Parliament for Cardigan, representing them again at both the Short and Long Parliaments. He was a moderate royalist, helping to prosecute William Laud and write the Triennial Acts, but refused to support a bill of attainder against Thomas Wentworth, saying it was unconstitutional.
He also made it clear that only O'Rourke's personal seignory be subject to attainder, even though the crown had been expecting a much larger part of the rebel's clan territory in Leitrim. In June 1592 a Burke faction went into rebellion again, and as part of the ensuing terms of the peace Bingham forced them to give pledges for each sept, imposed a fine of 2000 marks, and made them bear the damages of war since 1588. Connacht was quiet until May 1593, when Hugh Maguire and the late rebel's son, Brian Óg O'Rourke, raided Sligo after Bingham's brother George had seized the latter's milch cows in lieu of composition rent. In June they suffered heavy losses in a raid on Roscommon in the company of Fiach McHugh O'Byrne, who had brought forces from Leinster.
To stop the Exclusion Bill and the Bill of Attainder directed at Danby, Charles II prorogued the parliament on 27 May 1679 and dissolved it on 3 July 1679, both of which moves infuriated Shaftesbury. As its name implies, the only achievement of the Habeas Corpus Parliament was the passage of the Habeas Corpus Act of 1679. For the time being, Shaftesbury retained his position on the privy council, and he and the Duke of Monmouth formed an alliance on the council designed to be obstructionist. There were some disagreements between Shaftesbury and Monmouth: for example, Shaftesbury was critical of Monmouth's decision to crush a rebellion by Scottish Covenanters quickly at the Battle of Bothwell Brig in June 1679, arguing that the rebellion should have been drawn out to force Charles II to recall parliament.
In 1682 he wrote The Account of Arthur, Earl of Anglesey ... of the true state of Your Majesty's Government and Kingdom, which was addressed to the king in a tone of censure and remonstrance, but appears not to have been printed till 1694. In consequence he was dismissed on 9 August 1682, from the office of Lord Privy Seal. In 1683, Anglesey appeared at the Old Bailey as a witness in defence of Lord Russell, and in June 1685 he protested alone against the revision of Lord Stafford's attainder. He divided his time between his estate at Blechingdon in Oxfordshire, and his house on Drury Lane in London, where he died in 1686 from quinsy, closing a career marked by great ability, statesmanship and business capacity, and by conspicuous courage and independence of judgement.
Knights of England He also possessed the property of Oswalds in Bishopsbourne.The Gentleman's magazine, Volume 67, Part 2 He served for many years as steward to the Archbishop of Canterbury. In 1621, Hatton was elected Member of Parliament for Sandwich, but his election was declared void as the mayor had effectively disenfranchised part of the electorate.Charles Henry Parry, The Parliament and Councils of England, chronologically arranged He was elected as MP for Sandwich in 1624 and 1625.Robert E. Ruigh The Parliament of 1624: politics and foreign policy In 1641 Hatton was elected MP for Castle Rising in a by-election for the Long Parliament. He opposed the impeachment and attainder of Thomas Wentworth, 1st Earl of Strafford, the strongest of the King's ministers, for which act he was censured by the Commons.
Charles had, after the passing of the attainder by the Commons, for the second time assured Strafford "upon the word of a king, you shall not suffer in life, honour or fortune". Strafford now wrote releasing the King from his engagements and declaring his willingness to die to reconcile Charles to his subjects. "I do most humbly beseech you, for the preventing of such massacres as may happen by your refusal, to pass the bill; by this means to remove ... the unfortunate thing forth of the way towards that blessed agreement, which God, I trust, shall for ever establish between you and your subjects". Whether Strafford was now resigned to death, or whether he thought that the letter, if circulated, might move his enemies to mercy, is still debated.
Despite his own previous opposition to the King, he found it hard to forgive anyone, even a friend, who fought for Parliament, and he severed many personal friendships as a result. With the possible exception of John Pym, he detested all the Parliamentary leaders, describing Oliver Cromwell as "a brave bad man" and John Hampden as a hypocrite, while Oliver St. John's "foxes and wolves" speech, in favour of the attainder of Strafford, he considered to be the depth of barbarism. His view of the conflict and of his opponents was undoubtedly coloured by the death of his best friend Lord Falkland at the First Battle of Newbury in September 1643. Hyde mourned his death, which he called "a loss most infamous and execrable to all posterity", to the end of his own life.
Scroggs, not unreasonably, said : "you have such a swimming way of melting words that it is a troublesome thing for a man to collect matter out of them". The finding of the letters having been certified, and the handwriting identified as Colman's, they were put in evidence, and the Attorney-General William Jones laid great stress on them; they did prove the strong desire of Colman for the dissolution of parliament. He plainly had advocated foreign bribery of the king to insure such a dissolution, and used some strong phrases as to the Catholic hopes of suppressing heresy. Kenyon argues that a case may be made for his guilt, noting similarities between Colman's case and that of Thomas Wentworth, 1st Earl of Strafford, executed for treason by act of attainder in 1640.
He was a strong partisan of King James II, and in 1685 was one of the principal supporters of the act of attainder against the Duke of Monmouth; but he remained in England when William III ascended the throne in the Revolution of 1688. He had financial problems and in 1688 he sold the rump of the family estates and Wallington Hall to Sir William Blackett for £4000 and an annuity of £2000 a year. He began to plot against the new King William, for which he underwent a short imprisonment in 1689. Renewing his plots on his release, he publicly insulted Queen Mary in 1691, and it is practically certain that he was implicated in the schemes for assassinating William which came to light in 1695 and 1696.
This separation of identities was confirmed in 1461 by Edward IV when he incorporated the inheritance and the palatinate responsibilities under the title of the Duchy of Lancaster, and stipulated that it be held separate from other inheritances by him and his heirs, but would however be inherited with the Crown, to which it was forfeited on the attainder of Henry VI.Blackstone, W. (1765) Commentaries on the Laws of England, Introduction, chapter 4 . Sir William Blackstone described the duchy as "separate from the other possessions of the crown in order and government, but united in point of inheritance." (Footnote no. 78.) The Duchy thereafter passed to the reigning monarch, and in 1760 its separate identity preserved it from being surrendered with the Crown Estates in exchange for the civil list.
On the flight of the king Herbert followed him to France and afterwards to Ireland, and was accordingly excepted from the bill of indemnity and included in a Bill of attainder. The latter bill lapsed owing to an early prorogation, but Herbert's estates were sequestrated, the royal palace of Oatlands, Weybridge, Surrey, which had been granted to him by James shortly before his abdication, being given to his brother Arthur, Earl of Torrington, who had taken the opposite side in politics. On the suppression of the Irish rebellion Herbert returned with James to France and resided for a time at St. Germain-en-Laye. He received from James the title of Earl of Portland and the office of Lord Chancellor, and busied himself in writing manifestos for his master.
The Percys supported the House of Lancaster during the Wars of the Roses, and the second earl and his successor – Henry Percy, 3rd Earl of Northumberland – were killed at the battles of St Albans in 1455 and Towton in 1461 respectively. The new king, Edward IV, issued an attainder against the family and their property was confiscated. On 1 August 1464, as a result of suppressing Lancastrian rebellions in the north for the previous three years, the title of Earl of Northumberland was given to The 1st Marquess of Montagu, a Yorkist, and with it, the castle. During his tenure, he constructed a twenty-five-foot tall rectangular tower, built for defence, "with [arrow] slits in the three outer walls;" this is known as 'Montagu's Tower' to this day.
The plantation of Munster got off to a slow start in the face of lawsuits brought by landowners associated with the Geraldine rebels. In the west Perrot did have success in 1585 by perfecting a composition of the province of Connaught, an unusually even- handed contract between Crown and landowners by which the Queen received certain rents in return for settling land titles and tenant dues. In the same year a parliament was convened at Dublin, the first since 1569, with great hopes expressed upon the attendance of the Gaelic lords. The sessions proved a disappointment: although the act for the attainder of Desmond (clearing the escheat of the rebel's estates to the Crown) was passed, the ambitious schedule of legislation ran into difficulty, particularly over the suspension of Poynings' Law.
Thomas Kendall and Richard Roe. In 1696 he was counsel for the defence of Ambrose Rookwood and Peter Cook, both charged with high treason; of Cook and William Snatt, the nonjuring parsons who gave absolution on the scaffold to Sir William Parkyns; and in November he defended Sir John Fenwick, strongly deprecating the proceedings by bill of attainder, on the ground that if he were acquitted his client would still be liable to proceedings under the common law. In 1698 he was retained on behalf of the "Old" East India Company, and successfully screened his political leader, Seymour, from the imputation of bribery. In June 1699 he successfully defended Charles Duncombe against a charge of falsely endorsing exchequer bills, and four months later he was elected treasurer of the Middle Temple.
He was eventually restored to all his titles and dignities in 1495. He owed a good deal of thanks for this to the prominent courtier Sir Reginald Bray, for whose support he had to pay a heavy price, selling him several manors at an undervalue. A more surprising ally was Margaret Beaufort, the King's mother, who throughout her life showed a warm affection for all of her extended family, and especially the St. Johns of Lydiard Tregoze; so that even Lord Zouche, who was merely the grandson of her sister's husband by a previous marriage, benefited from her generosity. She probably used her influence to have the attainder reversed; she certainly obtained a pension for Lady Zouche, and had some of the Zouche children brought up in her own household.
The 2nd Earl's younger brother, Francis, studied at the University of Olomouc (Olmütz) in the Imperial Margraviate of Moravia, and served at the court of Emperor Ferdinand III as well as under Duke Charles IV of Lorraine, whose most intimate friend he became. He rose to be a Field Marshal in the Habsburg Army, having greatly distinguished himself at the 1683 Battle of Vienna and in the other Turkish campaigns, and was a member of the Order of the Golden Fleece. He was sent on many important diplomatic missions, and at the end of his life was Chancellor and Chief Minister to the Duke of Lorraine. Despite the Jacobite connections of his family, Francis Taaffe was confirmed as 3rd Earl of Carlingford by King William III, and the attainder and forfeiture of the estates incurred by his elder brother was repealed.
On him fell the main burden of investigating the assassination plot, and of hushing up the charges brought by Sir John Fenwick (1645–1697) against Godolphin, Shrewsbury, Marlborough, and Russell. In support of the bill for Fenwick's attainder he made on 25 November 1696 the only important speech which he is recorded to have delivered throughout his parliamentary career. The dexterity which he displayed in this affair, and Shrewsbury's virtual retirement, enhanced his consequence, and at Sunderland's suggestion he received the seals on the resignation of Sir William Trumbull, and was sworn of the privy council (5 December 1697). Though he did not formally succeed to Shrewsbury's department on his resignation, 12 December 1698, he was thenceforth virtually secretary for both departments until the delivery of the southern seals to the Earl of Jersey, 14 May 1699.
National Archives Dublin: Owen McKiernan was worried that his lands would be confiscated under the Plantation of Ulster so he made representations to the Lords of the Council in Whitehall, London. They in turn sent the following note to Arthur Chichester, 1st Baron Chichester, the Lord Deputy of Ireland- April 30 1610. Recommend to his favourable consideration in the settlement of the natives, the bearer, Owen Carnan, who sued for 800 acres of land lying in the county of Cavan, which have belonged (as he informs them) to his father, uncle, & others his predecessors, time out of mind, without any attainder for matter of disloyalty. Owen McKiernan was only partly successful in his claim as the part of Rosbrazill on the west side of the river (now the townland of Bellheady) was granted to Hugh Culme on 23 June 1610.
The War Crimes Act 1945 (Cth) provided that any person who committed a war crime between 1 September 1939 and 8 May 1945 was guilty of an indictable offence. Ivan Timofeyevich Polyukhovich had been charged under the Act with war crimes, alleged to have been committed between September 1942 and May 1943 in the Ukraine while it was under German occupation in World War II. Polyukhovich's lawyers argued that the law was beyond the scope of Commonwealth legislative power in section 51(vi) (defence) and section 51(xxix) (external affairs) of the Constitution. He further argued that the attempt to make past criminal conduct an offence was an invalid attempt to usurp the judicial power of the Commonwealth, that power being vested by the Constitution in Chapter III courts, by enacting what was effectively a bill of attainder.
There was an amnesty for acts committed in the Rebellion of 1641 and a guarantee against further seizure of Irish Catholic rebels' land by acts of attainder. However, there was no reversal of Poynings' Law, which meant that any legislation due to be presented to the Parliament of Ireland must first be approved by the English Privy Council, no reversal of the Protestant majority in the Irish House of Commons and no reversal of the main plantations, or colonisation, in Ulster and Munster. Moreover, regarding the religious articles of the treaty, all churches taken over by Catholics in the war would have to be returned to Protestant hands and the public practice of Catholicism was not guaranteed. In return for the concessions that were made Irish troops would be sent to England to fight for the royalists in the English Civil War.
Arms of Grey: Barry of six Argent and Azure in chief three Torteaux Lord John Grey (1523/24 – 19 November 1564) was an English nobleman and courtier of the Tudor period, who after 1559 was seated at Pirgo Place in Essex.Lodge's Peerage (1842) Lord John was at one stage sentenced to death for his involvement in Wyatt's Rebellion against Queen Mary I, but was later released from attainder. Grey was restored to his original position by Queen Mary's successor Queen Elizabeth I, who also granted him Pirgo Place in Essex as well as making him Guardian of Lady Katherine Grey, his niece, and sister of the late Lady Jane Grey, in 1563. However, Lord John was again imprisoned shortly before his death, after publishing a book asserting Katherine Grey to be the legitimate heir to the English throne.
In 1592 his father, Sir John Perrot, was convicted of treason and attainted, and died in the Tower of London, not without suspicion that he had been poisoned. Despite the attainder, Perrot claimed his father's estate, and by an Act of Parliament in March 1593, which was 'rushed through both Houses in four days', Perrot was restored in blood through the efforts of his brother-in-law, Robert Devereux, 2nd Earl of Essex, inheriting Haroldston Mansion and Laugharne Castle together with of the rest of his father's estates with the exception of Carew Castle, which was taken by the Crown. Perrot was a member of two committees in the 1581 session of the prorogued 1572 Parliament, although the identity of his constituency at the time is uncertain. He sat in the 1586 Parliament as Knight of the Shire for Cardiganshire.
Henry Cromwell was the eldest son of Gregory Cromwell, 1st baron Cromwell, only son and heir of Thomas Cromwell, and Elizabeth, widow of Sir Anthony Ughtred (d. 1534), daughter of Sir John Seymour of Wolf Hall, Wiltshire, and Margery Wentworth. He was baptised 1 March 1538, probably at Hampton Court, where the Lady Mary almost certainly stood godmother. Shortly after the baptism, his parents left for Lewes in Sussex to the former Cluniac Priory of St. Pancras, recently acquired by his grandfather, where they remained from April 1538 until early 1539, when they took up residence in Leeds Castle, Kent. Henry's grandfather, Thomas Cromwell, had been created Baron Cromwell of Wimbledon in 1536 and Earl of Essex in 1540 as a reward for his service as chief minister to Henry VIII, but he had lost those titles by attainder in June 1540.
The House of Lancaster was the name of two cadet branches of the royal House of Plantagenet. The first house was created when King Henry III of England created the Earldom of Lancasterfrom which the house was namedfor his second son Edmund Crouchback in 1267. Edmund had already been created Earl of Leicester in 1265 and was granted the lands and privileges of Simon de Montfort, 6th Earl of Leicester, after de Montfort's death and attainder at the end of the Second Barons' War. When Edmund's son Thomas, 2nd Earl of Lancaster, inherited his father-in-law's estates and title of Earl of Lincoln he became at a stroke the most powerful nobleman in England, with lands throughout the kingdom and the ability to raise vast private armies to wield power at national and local levels.
He and his successors nonetheless continued to claim the Earldom together with the Dukedom. Upon the death of the sixth Duke in 1760, he was succeeded by a second cousin, descended from the younger brother of the 4th Earl and 1st Jacobite Duke, John Drummond, first Earl and Jacobite Duke of Melfort, by his first wife. He, in turn, was succeeded by his third but only surviving son, as the 8th (Jacobite) Duke and 11th de jure Earl, who obtained in 1783 the restoration of the estates, forfeited as a result of the Jacobite rising of 1745. He did not succeed, however, in removing the attainder of 1716, but was created by George III of the Hanoverian dynasty, in 1797, Lord Perth, Baron Drummond of Stobhall, in the Peerage of Great Britain, which title became extinct on his death in 1800.
Margaret, was born in Mayfair on 12 June 1788, the only child of George Elphinstone, 1st Viscount Keith, admiral, and his first wife, Jane, only child and heiress of William Mercer of Aldie, Perth. Upon her mother's death in 1789 she became heiress to the barony of Nairne (then in attainder) and later succeeded to the title. Margaret was introduced at a young age to the circle of the Princess Charlotte of Wales, to whom she became attached and a close confidante; and this position raised a rumour against her (which, however, she was able entirely to refute) that she betrayed the princess's secrets to the Prince Regent. On 20 June 1817, at Edinburgh, Margaret married Charles Joseph, comte de Flahaut, aide-de-camp to Napoleon Bonaparte, who had been educated in Britain, where he took refuge during the Bourbon Restoration.
In October 1640 Slanning was elected for both Plympton Erle and Penryn to the Long Parliament (in a way which was to give rise to charges of bribery), and chose to sit for Penryn. His was among the 59 names of the members posted for voting against the Bill of Attainder of Strafford. Seven other Cornish MPs also voted against the Bill, including Godolphin, Trevanion, and Richard Arundell of Trerice, who later married Slanning's widow Gertrude Bagg. In June 1641 he returned to Cornwall to resume his governorship of Pendennis Castle, but was back in London that winter, and in January 1642 was called to attend the House of Commons for sending letters to Francis Bassett in Cornwall for the arrest of the "Five Members", should they try to embark from a Cornish port, a charge that Slanning denied.
The manor of Bywell and Bywell Castle were owned by the Neville family in the 14th century but following the attainder of Charles Neville, 6th Earl of Westmorland for his part in the Rising of the North the Neville estates were forfeited and Bywell was sold in 1571 by the Crown to the Fenwick family. William Fenwick (son of John Fenwick High Sheriff of Northumberland in 1727) built the new house at Bywell to designs by architect James Paine in 1760. The estate was sold to Thomas Wentworth Beaumont for £145,000 early in the 19th century and the house was improved by the Beaumonts, with the assistance of architect John Dobson, in 1827 and further altered later in the 19th century. The house is the home of Wentworth Beaumont, 4th Viscount Allendale and the estate is operated commercially by Allendale Estates.
By the 16th century, many marcher lordships had passed into the hands of the crown, as the result of the accessions of Henry IV, who was previously Duke of Lancaster, and Edward IV, the heir of the Earls of March; of the attainder of other lords during the Wars of the Roses; and of other events. The crown was also directly responsible for the government of the Principality of Wales, which had its own institutions and was, like England, divided into counties. The jurisdiction of the remaining marcher lords was therefore seen as an anomaly, and their independence from the crown enabled criminals from England to evade justice by moving into the area and claiming "marcher liberties". Under the Laws in Wales Acts 1535–1542 introduced under Henry VIII, the jurisdiction of the marcher lords was abolished in 1536.
In the House of Commons, he seems to have followed his family in becoming part of the Tory faction of his uncle Danby (now Duke of Leeds). Bertie opposed the attainder of Sir John Fenwick in 1697; however, he escaped dismissal from his auditorship when other members of the family were put out of office that year. He declined to stand for Stamford in 1698, the Berties having agreed with the other county family, the Cecils, henceforth to share the seat; his uncle Charles continued as MP. He may have been the "Bertie" who contested Liskeard that year, but stood fourth in the poll. In 1699, he was successfully sued in the Court of King's Bench by Sir Philips Coote for having an affair with Coote's wife, Lady Elizabeth, the daughter of William Brabazon, 3rd Earl of Meath.
The manor has mostly had main landowners, some of whom not only held the estate but also lived in it as one of their main residences, including a medieval Earl of Warwick and Duke of Buckingham, passing for many years down lines of the De Montford family. Indeed, by the time of his fall from grace and attainder in 1496, it was Simon de Montford who possessed it. Possibly Simon de Montfort's widow Anne was the Anne Preston who with her husband John released the manor in 1503 to Richard, Bishop of Winchester and other trustees for Sir Reynold Bray, who was effectively the absolute purchaser with the monarch's consent. Bray effectively sold or quit in favour of William Norreys whose nephew-in-law, soon to be heir was Sir William Sandys – later created Baron Sandys (de Vyne) who died in 1542.
He succeeded to the title Lord Kingsale in 1669 and was educated at Oxford under Dean of Christ Church and Bishop of Oxford, Doctor John Fell. A letter written by Dr. Fell in 1678 complains that de Courcy is "addicted to the tennis court, proof against all Latin assaults and prone to kicking, beating and domineering over his sisters; ... fortified in the conceit that a title of honour was support enough, without the pedantry and trouble of book-learning." He served as a captain in a Troop of Horse for King James II, later becoming a Lt. Colonel in the regiment of Patrick Sarsfield. He derived an income from a pension awarded to the 22nd Lord by King Charles II He sat as a peer in the 1689 Parliament in Dublin, was attained in 1691 and enjoyed the reversal of attainder in 1692.
In August 1750 he was created Viscount Beauchamp and Earl of Hertford, both of which titles had earlier been created for and forfeited by his ancestor Edward Seymour, 1st Duke of Somerset, Lord Protector of England, following his attainder and execution in 1552. The Seymour family had inherited a moiety of the feudal barony of Hatch Beauchamp, in Somerset, by marriage to the heiress Cicely Beauchamp (d.1393). In 1755, according to Horace Walpole, 4th Earl of Orford, "The Earl of Hertford, a man of unblemished morals, but rather too gentle and cautious to combat so presumptuous a court, was named Ambassador to Paris." He appointed David Hume as his Secretary, who wrote of him, "I do not believe there is in the World a man of more probity & Humanity, endowd with a very good Understanding, and adornd with very elegant Manners & Behaviour".
On his death, the barony was inherited by his daughter Alice, who was married to Richard Neville. After the death of their eldest son Richard Neville, the Kingmaker, the barony either fell into abeyance or became dormant in 1471. In 1485, it was restored to Edward Plantagenet, but he was attainted and the peerages forfeited again in 1499, when he died. In 1513, his sister Margaret was restored to the barony. When she was restored to the earldom of Salisbury in 1529, her son became the eleventh Baron Montacute, but he also was created Baron Montagu by writ of summons in 1529. Both baronies became forfeited at the attainder of the latter and his mother in 1539. The second creation was for Edward Montagu, 1st Baron Montagu, son of William Montagu, 2nd Baron Montagu and Elizabeth Montfort.
There is evidence that early Burghfield was divided into two equal portions, or manors, and is referenced twice in the Domesday Book as follows: Queen Emma of Normandy These manors formerly belonging to Queen Emma of Normandy, until her death in 1052. Royal Berkshire History, Queen Emmas Ordeal by Fire One half of the lands appear to have been transferred to Ralph de Mortemar around 1070, and they remained in that family until the death of Edmund, the last Earl of March in 1425. The heir to the lands was his nephew, a minor, Richard Duke of York, but on his attainder in 1459 the land passed to the crown. The other half of Burghfield was awarded to Henry de Ferrers, a Norman soldier from a noble family who took part in the conquest of England.
Depiction of the Battle of Tewkesbury, at which Sir Ralph Hastings was knighted During the Wars of the Roses, Ralph Hastings was a committed supporter of the House of York. He was both an esquire and a knight of the body to Edward IV. He fought at the battles of Barnet on 14 April 1471 and at Tewkesbury on 4 May 1461, where he was knighted. In the same year the King appointed him joint keeper of Rockingham Castle in Kent, and granted him an annuity of 50 marks. In 1462 he was granted the manor of Great Harrowden, forfeited to the crown by the attainder on 4 November 1461 of Sir William Vaux, later slain at Tewkesbury.'Parishes: Great Harrowden', A History of the County of Northampton: Volume 4 (1937), pp. 178–185 Retrieved 8 October 2013.
He was attainted by Henry VII's first Parliament (November–December 1485), and suffered the forfeiture of all his lands. He was pardoned in July 1486 and given a small annuity, but the attainder was not reversed even in part until 1489, and even then he was permitted only to inherit the property his grandfather had received through his second marriage. It has been suggested that Henry's treatment of him was exceptionally severe, perhaps reflecting his position of power under Richard III. On the other hand Henry VII strove throughout his reign to discipline the nobility by imposing on them severe financial penalties, often on the flimsiest of pretexts, to such an extent that in the last years of his reign the nobility have been described as living in a perpetual atmosphere of "watchfulness, fear and suspicion".
Following the secret agreement, there followed a confused period when Mann sometimes experienced English rule and sometimes Scottish. In 1388 the island was "ravaged" by Sir William Douglas of Nithsdale on his way home from the destruction of the town of Carlingford.The Douglas book In 1392 William de Montacute's son sold the island, including sovereignty, to Sir William le Scrope. In 1399 Henry Bolinbroke brought about the beheading of Le Scrope, who had taken the side of Richard II when Bolinbroke usurped the throne and appointed himself Henry IV. The island then came into the de facto possession of Henry, who granted it to Henry Percy, 1st Earl of Northumberland; but following the latter's later attainder, Henry IV, in 1405, made a lifetime grant of it, with the patronage of the bishopric, to Sir John Stanley.
The Voting Rights Act required states to make adjustments to their voting and registration systems if the state employed a literacy test and if the voter turnout or registration was less than fifty percent by November 1, 1964. This was known as the preclearance requirement and affected mostly southern states, making them seek approval from the U.S. District Court for any changes to their voter registration and voting system. In South Carolina, the state attorney general, Daniel R. McLeod filed a complaint directly with the Supreme Court attacking the constitutionality of the act and asking for an injunction against enforcement by the attorney general of the United States, Nicholas Katzenbach. McLeod challenged the Voting Rights Act as an unconstitutional encroachment on states’ rights, as a violation of equality between the states, and as an illegal bill of attainder which is legislative punishment enforced without due process of law.
At the famous Trial of the Seven Bishops in Trinity Term, 1688, Sir Richard Allibond laid down the most arbitrary doctrines, and exerted himself to the utmost to procure their conviction. Lord Macaulay says ‘he showed such gross ignorance of law and history as brought on him the contempt of all who heard him.’ On going to the home circuit in July, immediately after the trial, he had the indecency, in his charge to the Croydon jury, to speak against the verdict of acquittal in the case of the bishops, and to stigmatise their petition to the King as a libel that tended to sedition. His death, which occurred in the following month on 22 August 1688 at his house in Brownlow Street, Holborn, saved him from the attainder with which he would probably have been visited if he had lived till after the Glorious Revolution.
From the day of Thomas Cromwell's arrest until 16 June, during which time he was formally questioned by Norfolk and Thomas Audeley, he gave written answers to questions and wrote detailed letters at the king's command, there was still a faint hope of a reprieve. However, on 17 June, the bill of attainder was heard in Parliament for the first time and Cromwell would have known his terrible fate. Ominously, on a deposition to the king, he wrote "All these articles be tr[ue by the] death I shall die, and m[ore] as more plainly app[eareth by a] letter written with my [own hand] sent by Mr. Secretary [unto] the King's Highness." Thomas Cromwell wrote a desperate letter from the tower to the king to plead his innocence and appeal to him to be merciful to his son and the rest of his family.
17th-century Percy Window in Petworth House, Sussex, displaying in stained glass 9 heraldic escutcheons of quartered arms of 1st, 3rd, 4th, 5th, 6th, father of 7th & 8th, 7th, 8th & 9th Percy Earls of Northumberland, each impaling the quartered arms of his wife. In 1377, the next Henry Percy was created Earl of Northumberland, which title he was given after the coronation of Richard II. Nor was this all, for he was that Northumberland whose doings in the next reign fill so large a part of Shakespeare's Henry IV, and he was the father of the most famous Percy of all, Henry Percy the fifth, better known as "Hotspur". Hotspur never became Earl of Northumberland, having been slain at Shrewsbury in the lifetime of his father, whose estates were forfeited under attainder on account of the rebellion of himself and his son against King Henry IV.
Whilst Stanley might have had no other option than to act as Richard's loyal subject, it is conceivable that he may himself have become involved in the uprising. His wife, Margaret Beaufort, was a key conspirator, having brokered the marriage alliance between Edward IV's daughter Elizabeth of York and her son Henry Tudor. Indeed, it was only by giving a solemn undertaking to Richard to keep his wife in custody and to end her intrigues that Stanley saved her from attainder and disgrace and presumably his own position at the same time. Richard was evidently well aware of the threat from this quarter since in the summer of 1485, when Stanley sought permission to leave the court and return to his northern fastness of Lathom, the king insisted that his son, George Stanley, Lord Strange, take his place at court as a token for his father's good behaviour.
He was, however, no supporter of the House of Orange, advocated a regency in James's name, and was one of the few who in the House of Commons opposed the famous vote that James had broken the contract between king and people and left the throne vacant. He held no office during William's reign, and is described by John Macky as always a great opposer of the administration. In 1689, he joined in voting for the reversal of Lord Russell's attainder, and endeavoured to defend his conduct in the trial, but was refused a hearing by the House. He opposed the Triennial Bill of 1692, but in 1696, spoke against the bill of association and test, which was voted for the king's protection, on the ground that though William was to be obeyed as sovereign he could not be acknowledged rightful and lawful king.
However, Justice Harlan presented a lone dissent, a learned disquisition on the history and meaning of "due process of law" that included quotes of many of the great jurists. "Blackstone says: 'But to find a bill there must be at least twelve of the jury agree; for, so tender is the law of England of the lives of the subjects, that no man can be convicted at the suit of the king of any capital offense, unless by a unanimous voice of twenty-four of his equals and neighbors; that is, by twelve at least of the grand jury, in the first place, assenting to the accusation, and afterwards by the whole petit jury of twelve more finding him guilty upon his trial.'"4 Bl. Comm. 306. He failed to mention that in England, a person could be condemned to death without trial by a bill of attainder.
According to some historians, the attainders were passed by Parliament in order to enable Edward IV to grant Joan Welles' lands after her death to her husband, 'the trusted Yorkist Sir Richard Hastings', and accordingly, on 23 January 1475, the King granted Hastings a life interest in the greater part of the Welles and Willoughby estates. Moreover, Hastings was summoned to Parliament from 14 November 1482 to 9 December 1483 by writs directed Ricardo Hastyng de Wellys, whereby he is held to have become either Lord Hastings of Welles, or Lord Welles. Willoughby was made a Knight of the Bath at the coronation of Richard III on 7 July 1483, and served frequently on commissions in Suffolk from 1483 to 1497. Under Henry VII, the attainders of Joan Welles' father and brother, as well as the attainder of her uncle, John Welles, were all reversed by the Parliament of 1485/6.
After the executions of Sir Robert Welles, his only sister, Joan Welles, inherited, according to modern doctrine, the baronies of Willoughby and Welles. Five years later, both Sir Robert Welles and his father were attainted. The Act of Attainder appears to have been passed by Parliament shortly after the death of Sir Robert Welles' only sister, Joan Welles, and according to some historians, its purpose was to enable Edward IV to grant Joan Welles' lands, after her death, to her former husband, 'the trusted Yorkist Sir Richard Hastings', Accordingly, on 23 January 1475, the King granted Hastings a life interest in the greater part of the Welles and Willoughby estates. Moreover, Hastings was summoned to Parliament from 14 November 1482 to 9 December 1483 by writs directed Ricardo Hastyng de Wellys, whereby he is held to have become either Lord Hastings of Welles, or Lord Welles.
The lordship of the hundred may have been included in King Edgar's grant of Steeple Ashton to Romsey Abbey, as in the 13th century the abbesses of Romsey claimed they held it by a gift of Edgar. However, King Henry I granted the hundred to the abbey subject to an annual rent of forty shillings to the sheriff of Wiltshire, a grant later confirmed by King Stephen, so it is also possible that the first grant to the Abbey was by Henry I. The hundred and the holding of its court remained with the abbey until 1538, when the Dissolution of the Monasteries intervened and they passed to the Crown. In 1547, the hundred was granted to Edward Seymour, 1st Duke of Somerset. Following his attainder, the hundred returned to the Crown, and in 1565 it was granted to Humphrey Skelton and Nicholas Holbourne.
Henry Tudor was hellbent on repairing the damage done by so many years of war, and that meant increasing financial security. It also meant recentralising power in London with the crown alone and away from interrelated nobles who had been squabbling over scraps of power since the reign of Richard II, evidenced by the crown beginning to be fought over by different branches of the descendants of Edward III at that time. This move was particularly unpopular and ensured that the king, above all others, was the most powerful and wealthy noble in England rather than well landed lords, and thus the example to follow. Henry VII was not above giving out bills of attainder to disobedient or faithless nobles who refused to bend the knee to him as king, which incidentally also often meant their lands or titles would revert to the crown.
After the 1567 death and 1570 attainder of Shane O'Neill, much of Clandeboy was added to the surviving English enclaves to form the new counties of Antrim and Down, preparing for an abortive private English plantation. In 1584, Lord Deputy of Ireland Sir John Perrott created six counties in Ulster, based largely on the boundaries of existing lordships; four of the six are now Northern Ireland: Armagh, Coleraine, Fermanagh, and Tyrone. The noncooperation and later rebellion of Hugh O'Neill, Earl of Tyrone made Perrott's scheme largely notional until the Nine Years' War ended and the Flight of the Earls allowed the Plantation of Ulster to reinforce the county government. The County of the town of Carrickfergus remained separate from County Antrim until the Local Government (Ireland) Act 1898, which also promoted the boroughs of Belfast and Derry to county boroughs separate from the adjoining administrative counties.
He was styled by the courtesy title Earl of Stafford (his father's secondary peerage) until the attainder of his father in 1521. In 1547 he petitioned Parliament for restoration in blood, but did not claim any of his father's forfeited land or titles. In 1548 he was summoned to Parliament by writ, by King Edward VI, and was thus created 1st Baron Stafford.Henry Stafford, 1st Baron Stafford profile, Oxford Dictionary of National Biography. Retrieved 17 January 2010. This was the 4th creation of the title Baron Stafford which eventually was surrendered in 1639 by his descendant Roger Stafford, 6th Baron Stafford (called in his youth by the surname "Floyde"), due to his poverty and "very mean and obscure condition", at the request of King Charles I. Cleveland commented on him as follows:Wilhelmina, Duchess of Cleveland, The Battle Abbey Roll with some Account of the Norman Lineages, 3 volumes, London, 1889, Vol.
Howard's niece, Queen Anne, fell from power in May 1536. This undoubtedly contributed to the King's fury when in early July 1536 he learned of the marriage contract of Lord Thomas and Lady Margaret since Lady Margaret was at the time next in the line of succession as a result of the King's bastardization of his daughters Mary and Elizabeth. The couple were committed to the Tower, and on 18 July 1536 an Act of Attainder accusing Howard of attempting to 'interrupt ympedyte and lett the seid Succession of the Crowne' was passed in both houses of Parliament. The Act sentenced Howard to death, and forbade the marriage of any member of the King's family without his permission.. The death sentence was not carried out, and Lord Thomas languished in the Tower despite the fact that Lady Margaret was required to renounce their relationship by King Henry's minister Thomas Cromwell.
By James I he was created Baron Danvers of Dauntsey, Wiltshire, in 1603 for service during the victory at Kinsale in Ireland, and two years afterwards was restored in blood as heir to his father, notwithstanding the attainder of his elder brother Charles, who had been beheaded in 1601 for his share in Essex's insurrection. On 14 November 1607, Danvers was appointed lord president of Munster, a post which he retained until 1615, when he sold it to Donogh O'Brien, 4th Earl of Thomond. On 15 June 1613 he obtained the grant in reversion of the office of keeper of St. James's Palace, and on 23 March 1621 he was made governor of the isle of Guernsey for life. By Charles I he was created Earl of Danby on 5 February 1626, and on 20 July 1628 was sworn a member of the privy council.
In 2004, Britain's Real Monarch, a documentary broadcast on Channel 4 in the United Kingdom, repeated the claim that Abney- Hastings, as the senior descendant of George Plantagenet, 1st Duke of Clarence, is the rightful King of England. This argument involves two disputed claims: first, that Edward IV of England was illegitimate,'Rightful heir' to British monarchy dies in Australia AFP – Thu, 5 July 2012, Yahoo! News based on the accusation that his supposed father, Richard, Duke of York, was absent at the time when Edward is thought to have been conceived; and second, that the Plantagenet crown should have descended by male-preference cognatic primogeniture instead of agnatic primogeniture and conquest. Also, Henry VI had placed an attainder on Edward after he was restored to the throne, and named George, Duke of Clarence, as heir to the throne after Henry VI and his legitimate issue.
His speech has not been preserved, but from the constant references which Laud makes to it he appears to have put the case against the archbishop in a very effective way. After the trial was ended (2 January 1645) he was deputed, with Serjeants John Wilde and Robert Nicolas, to lay before the House of Lords the reasons which, in the opinion of the House of Commons, justified an ordinance of attainder against the archbishop. This had already been passed by the Commons, and the Lords immediately followed suit. In July 1645 a paper was introduced to the House of Commons, emanating from Lord Savile, and containing what was in substance an impeachment of Denzil Holles and Bulstrode Whitelocke, of high treason in betraying the trust reposed in them in connection with the recent negotiations at Oxford, of which they had had the conduct.
He was appointed registrar to the Commissioners for forfeited estates for the year 1696 to 1697. He took an active part in the attainder of Sir John Fenwick in November 1696. At the 1698 English general election, he retained his seat at Hastings in a contest. He spoke and voted against the third reading of the disbanding bill on 18 January 1699. In February 1701 he was promoted to the more remunerative ordnance office of clerk of the deliveries with an annual salary of almost £1,000. He was returned again at the two general elections of 1701. At the 1702 English general election he was returned unopposed again for Hastings. He lost his place at the ordnance office in 1703. After the 1705 English general election, when he was returned again for Hastings, he voted for the Court candidate for Speaker on 25 October 1705.
He communicated in 1610 to the Council of Spain, a translation of the original (Irish) statement of one Francis Maguire concerning his observations in the "State of Virginia", between 1608 and 1610, a curious and unique document of the earliest English settlements in the New World and the life and habits of the Indian tribes.Alexander Brown, The Genesis of the United States, Boston, 1890, I, 392-399 In response to the 1613–1615 Parliament of Ireland, Ó Maolchonaire wrote from Valladolid a remonstrance to the Catholic members of the parliament, rebuking them for assenting to the Bill of Attainder that confiscated the estates of O'Neill, O'Donnell and their adherents. As Archbishop of Tuam, Ó Maolconaire never took possession of his see, governing through vicars general. He continued to live in Madrid and Leuven, as was the case with many Irish clergy at the time.
On 6 February 1760, following the death of Edward Drummond, sixth Jacobite-jurisdiction Duke of Perth, James' father became heir to the Earldom of Perth, which had been forfeit since 1716 owing to the attainder of James Drummond, 2nd Duke of Perth (The first Earl of Melfort was the younger son of James Drummond, 3rd Earl of Perth). His father, therefore, assumed the surname of Drummond and styled himself 10th Earl of Perth, and in 1776, following the death of Jean Drummond, Duchess of Perth in 1773, he took up residence at the Drummond estate of Stobhall in Perthshire. Upon his father's death on 18 July 1781, James succeeded to his father's claim to the Earldom of Perth (his elder brother Thomas, who moved to America, had died the previous November), but did not use the title.Marquis of Ruvigny and Raineval, The Jacobite Peerage, Edinburgh 1904, p.
In April 1640, Digby was elected Member of Parliament for Dorset in the Short Parliament. He was re-elected MP for Dorset for the Long Parliament in November 1640. In conjunction with John Pym and John Hampden he took an active part in the opposition to Charles I of England. He moved on 9 November for a committee to consider the deplorable state of the kingdom, and on 11 November was included in the committee for the impeachment of Thomas Wentworth, 1st Earl of Strafford, against whom he at first showed great zeal. However, after the failure of the impeachment, he opposed the attainder of Strafford, and made an eloquent speech on 21 April 1641, accentuating the weakness of Henry Vane's evidence against the prisoner, and showing the injustice of ex post facto legislation, in condemning a man for acts which were not treason when they were committed.
From 1471 to 1484, the castle housed Jasper Tudor, Henry Tudor (later King Henry VII of England), and the core of their group of exiled Lancastrians, numbering about 500 by 1483. Since the castle could only house some 100 persons, the rest must have been billeted close about, in Kermoizin and other villages nearby. The castle from across the moat Francis II, Duke of Brittany supported this group of exiled Englishmen, against all the Plantagenet demands that he should surrender them. For 11 years, Suscinio was an armed camp, alert against any attempt to kidnap Jasper and Henry and return them to England where they were under attainder and would have been promptly executed as threats to the Yorkist rule. Duke Francis II supported the failed Lancastrian rebellion and invasion of England in 1483 with 40,000 gold crowns, 15,000 soldiers, and a fleet of transport ships.
In October 1483 Stafford's father was central in Buckingham's rebellion against King Richard III. He was beheaded without trial on 2 November 1483, whereby all his honours were forfeited. Stafford is said to have been hidden in various houses in Herefordshire at the time of the rebellion, and perhaps for the remainder of Richard III's reign. After Richard III's defeat at Bosworth on 22 August 1485, and King Henry VII's accession to the crown, Stafford was made a Knight of the Order of the Bath on 29 October 1485 as Duke of Buckingham, and attended Henry VII's coronation the following day, although his father's attainder was not formally reversed by Parliament until November. The young Duke's wardship and lands were granted, on 3 August 1486, along with the wardship of his younger brother, Henry Stafford, to the King's mother, Margaret Beaufort, and according to Davies it is likely Buckingham was educated in her various households.
Recommend to his favourable consideration in the settlement of the natives, the bearer, Owen Carnan, who sued for 800 acres of land lying in the county of Cavan, which have belonged (as he informs them) to his father, uncle, & others his predecessors, time out of mind, without any attainder for matter of disloyalty. Owen McKiernan was only partly successful in his claim as in the Plantation of Ulster, by grant dated June 4, 1611, King James VI and I granted 100 acres or 2 poles (a poll is the local name for townland) of land in Tullyhunco at an annual rent of £1 1s. 4d., to Wony McThomas McKernan, comprising the modern-day townlands of Ned, Doogary and Greaghacholea. After the Irish Rebellion of 1641 concluded, the townland was confiscated in the Cromwellian Settlement and the 1652 Commonwealth Survey lists it as belonging to William Madders & others, who were also listed as owners of the adjoining townland of Mullaghmore.
Due Process of Law and the Equal Protection of the Laws: A Treatise Based, in the Main, on the Cases in which the Supreme Court of the United States Has Granted Or Denied Relief Upon the One Ground Or the Other, pp. 15-16 (Callaghan, 1917). > [B]ills of attainder, ex post facto laws, laws declaring forfeitures of > estates, and other arbitrary acts of legislation which occur so frequently > in English history, were never regarded as inconsistent with the law of the > land; for notwithstanding what was attributed to Lord COKE in Bonham's Case, > 8 Reporter, 115, 118a, the omnipotence of parliament over the common law was > absolute, even against common right and reason. Littleton Powys, a judge of the King's Bench, wrote in 1704 with reference to Magna Carta: "lex terrae is not confined to the common law, but takes in all the other laws, which are in force in this realm; as the civil and canon law...."Regina v.
On 18 March 1718 he was created Viscount Fordwich and Earl Cowper, and a month later he resigned office on the plea of ill-health, but probably in reality because George I accused him of espousing the Prince of Wales's side in the prince's quarrel with the king. Taking the lead against his former colleagues, Cowper opposed the proposed Peerage Bill brought forward in 1719 to limit the number of peers, and also opposed the bill of attainder against Atterbury in 1723. Cowper was not a great lawyer, but Burnet says that he managed the Court of Chancery with impartial justice and great despatch; the most eminent of his contemporaries agreed in extolling his oratory and his virtues. It is notable that Queen Anne, despite her prejudice against the Whigs in general, came to have a great respect and liking for Cowper, and continued to seek his advice even after he left office as Lord Chancellor.
More serious were the differences between the Irish parliament and James; his priority was the throne of England, while a French diplomat observed he had 'a heart too English to do anything that might vex the English.' He therefore resisted measures that might "dissatisfy his Protestant subjects" in England and Scotland, complaining "he was fallen into the hands of a people who would ram many hard things down his throat". When Parliament made it clear it would only vote through taxes to pay for war if he complied with their minimum demands, he reluctantly approved the restoration of pre-1650s Catholic landowners to their estates and passed an Act of Attainder, confiscating estates from 2,000 mostly Protestant "rebels". He also assented to the assertion Ireland was a "distinct kingdom", and laws passed in England did not apply there, but refused to abolish Poynings' Law, which required Irish legislation to be approved by the English Parliament.
After King Charles ruled without parliament for eleven years, Erle was elected MP for Lyme Regis in the Short Parliament in April 1640. On the day after the dissolution of Parliament, he was one of the six men arrested on the King's orders under suspicion of treasonable correspondence with the Scots, with whom England was by this time at war. In November 1640, Erle was returned as MP for Weymouth and Melcombe Regis for the Long Parliament, and was appointed one of the managers of the prosecution in the impeachment of Strafford, but entrusted with proving the charge that Strafford had plotted to bring over the Irish army to suppress unrest in England he bungled his case so that the hearing was at first adjourned on the grounds that the "evidence was not ready" and then the article was in effect dropped altogether. This failure may have contributed significantly to the decision to abandon legal process and proceed against Strafford by Act of Attainder.
64% of Cavan's approximately 500,000 acres was allocated to settlers during the initial plantation Due to its historic close relations with the government in Dublin, the people of Cavan were deemed more pliant than elsewhere in Ulster. As such, it was the first place Chichester visited prior to the plantation. When there, he asked English administrators in the conquered county to set up courts which would evaluate all land that had been freed up by those who had left in exile, those who had died during the rebellion, and those who had lost the rights to their lands through an attainder. Nearly all high ranking members of the clan had died during the war, but 52 lower members of the O'Reilly clan were still attainted. Of the few who were granted land, Sir John O'Reilly's grandson Mulmory was granted 3,000 acres along with two smaller estates which contained ancestral homes. The acting chief Maolmhordha had sought a pardon and was granted 2,000 acres.
In May 1539, Montagu, Exeter, Lady Salisbury, and others were also attainted, as her father had been; this meant that they lost their lands – mostly in the South of England, conveniently located to assist any invasion according to the crown – and titles, and those still alive in the Tower were also sentenced to death, so could be executed at the King's will. As part of the evidence given in support of the Bill of Attainder, Cromwell produced a tunic bearing the Five Wounds of Christ, symbolising Lady Salisbury's support of traditional Catholicism; the supposed discovery, six months after her house and effects had been searched when she was arrested, is likely to be a fabrication. Margaret Pole was held in the Tower of London for two and a half years under severe conditions; she, her grandson (Montagu's son), and Exeter's son were held together and supported by the King. In 1540, Cromwell himself fell from favour and was himself executed and attainted.
In November 1538, Sir Edward Neville was executed for treason. In January 1539, Sir Geoffrey was pardoned, and Montagu and Exeter were tried and executed for treason, while Reginald Pole was attainted in absentia. In May 1539, Montagu, Exeter, Lady Salisbury, and others were also attainted, as her father had been; this meant that they lost their lands – mostly in the South of England, conveniently located to assist any invasion – and titles, and those still alive in the Tower were also sentenced to death, so could be executed at the King's will. As part of the evidence given in support of the Bill of Attainder, Cromwell produced a tunic bearing the Five Wounds of Christ, symbolising Lady Salisbury's support of Roman Catholicism and the rule of Reginald and Mary; the supposed discovery, six months after her house and effects had been searched when she was arrested, is likely to be a fabrication.
On March 19, 2009, the House of Representatives approved, by a vote of 328 to 93, a measure to levy a 90% tax on bonuses awarded by corporations receiving more than $5 billion in Treasury aid from the Troubled Asset Relief Program (TARP). The House bill affects individuals who make $250,000 or more in total household income and bonuses paid or scheduled to be paid after December 31, 2008. The Senate version of the bill is similar to the House bill except it will levy a 70% tax on bonuses awarded by corporations that are receiving any amount of Treasury aid from the Troubled Asset Relief Program (TARP). The 70% tax will be paid through a 35% excise tax on the corporation and 35% tax on the receiver of the bonus. Some commentators suggested that such a tax would run into constitutional problems, because Article 1, Section 9 of the U.S. Constitution prohibits Congress from enacting bill of attainder and ex post facto laws.
On 11 May 1509 Mary Scrope's first husband, Edward Jerningham, was one of the gentleman ushers at the funeral of King Henry VII, and Mary herself, as 'Mrs Jerningham', was among the ladies granted mantlets and kerchiefs for the funeral.'Henry VIII: May 1509, 1-14', Letters and Papers, Foreign and Domestic, Henry VIII, Volume 1: 1509-1514 (1920), pp. 8-24 Retrieved 28 May 2013 On 12 June 'Edward Jerningham and Mary his wife' were granted a life estate in the manors of Lowestoft and Mutford, which had been forfeited to the Crown by the attainder of Mary's brother-in-law, Edmund de la Pole, 3rd Duke of Suffolk. On 24 June Edward Jerningham was chief cup-bearer at the coronation of Catherine of Aragon, and Mary, listed as 'Mrs Mary Jerningham', was among the ladies granted cloth for gowns for the occasion.'Henry VIII: June 1509, 16-30 ', Letters and Papers, Foreign and Domestic, Henry VIII, Volume 1: 1509-1514 (1920), pp. 36-55.
His estates fell prey to the ruling clique in the reign of King Edward VI, for which he was later partly compensated by lands worth £1626 a year from Queen Mary I. Howard remained in the Tower throughout the reign of Edward VI. He was released and pardoned by Queen Mary in 1553, and in Mary's first parliament (October–December 1553), his statutory attainder was declared void, thereby restoring him to the dukedom. He was appointed to the Privy Council, and presided as Lord High Steward at the trial of the Duke of Northumberland on 18 August. He was also restored to the office of Earl Marshal and officiated in that capacity at Mary's coronation on 1 October 1553. His last major service to the Crown was his command of the forces sent in early 1554 to put down Wyatt's rebellion, a group of disaffected gentlemen who opposed the Queen's projected marriage to Philip II of Spain, but his men fled before the enemy.
Following Thomas Wentworth's attainder in April 1641, King Charles and the Privy Council of England instructed the Irish Lords Justices on 3 May 1641 to publish the required Bills to enact the Graces.Act of Limitation; Act of RelinquishmentCarte T., Life of Ormonde London 1736 vol. 1, p.236. However, the law reforms were not properly implemented before the rebellion in late 1641. During a four-year interregnum between Lord Deputies from 1629 on, there was an increase in efforts to impose religious conformity on Ireland. In 1633, Ussher wrote to the new Archbishop of Canterbury, William Laud, in an effort to gain support for the imposition of recusancy fines on Irish Catholics. Thomas Wentworth, who arrived as the new Lord Deputy in Ireland in 1633, deflected the pressure for conformity by stating that firstly, the Church of Ireland itself would have to be properly resourced, and he set about its re- endowment.
Woodward, 1 N.H. 111, 129 (1817): "[H]ow a privilege can be protected from the operation of a law of the land, by a clause in the [state] constitution, declaring that it shall not be taken away, but by the law of the land, is not very easily understood." and the US Supreme Court would later contradict Webster's rationale.Hurtado v. California, : "[B]ills of attainder, ex post facto laws, laws declaring forfeitures of estates, and other arbitrary acts of legislation which occur so frequently in English history, were never regarded as inconsistent with the law of the land." Roger Taney, in his Dred Scott opinion, pronounced without elaboration that the Missouri Compromise was unconstitutional because an "act of Congress that deprived a citizen of his liberty or property merely because he came himself or brought his property into a particular territory of the United States, and who had committed no offence against the laws, could hardly be dignified with the name of due process of law".
However, on 7 February 1764, the House of Lords deemed Murray the rightful heir to his uncle's title (notwithstanding the attainder of his father) and he succeeded him as 3rd Duke of Atholl. He was elected a Scottish Representative Peer in 1766. His wife, on the death of her father, the second duke, succeeded to the sovereignty of the Isle of Man, and to the ancient English barony of Strange, of Knockyn, Wotton, Mohun, Burnel, Basset, and Lacy. For some time negotiations had been in progress with the English government for the union of the sovereignty with the English crown; and in 1765 an act of parliament was passed to give effect to a contract between the lords of the treasury and the Duke and Duchess of Atholl for the purchase of the sovereignty of Man and its dependencies for £70,000, the duke and duchess retaining their manorial rights, the patronage of the bishopric and other ecclesiastical benefices, the fisheries, minerals, &c.
On the whole, the brothers' release was brought about by their mother and their brother-in-law Henry Sidney, who successfully lobbied the Spanish nobles around England's new co-ruler and king consort, Philip of Spain. Out of prison Henry, Ambrose and Robert Dudley took part in one of several tournaments held by Philip to celebrate Anglo-Spanish friendship. Also in January 1555, Dudley's mother died, leaving Henry some money, which Queen Mary allowed him to inherit despite his attainder. However, the Dudley brothers were only welcome at court as long as King Philip was there; later in 1555 they were even ordered out of London and the next year, in the wake of a conspiracy by their distant cousin Henry Sutton Dudley, the French ambassador Antoine de Noailles reported that the government was seeking to apprehend "the children of the Duke of Northumberland", who were said to be on the run.
In 1841 the titular 6th Duke of Melfort established his right before the French Council of State and the Tribunal de la Seine to the French titles of Duc de Melfort, Comte de Lussan and Baron de Valrose (his great-grandfather the 2nd Duke of Melfort had been married in 1707 to Marie Gabrielle d'Audebert, widow of the Duke of Albemarle and only daughter of Jean d'Audebert, Comte de Lussan). The titular 6th Duke of Melfort proved to the incumbent British authorities his descent from the 1st Earl of Melfort in 1848, and by a reversal of his ancestors' attainder on 28 June 1853 became 5th Earl of Perth and Lord Drummond of Stobhall, Earl of Melfort, Viscount of Forth and Lord Drummond of Riccartoun, Castlemains and Gilstoun, Viscount of Melfort and Lord Drummond of Gillestoun and Lord Drummond of Cargill. He died on 28 February 1902, when the Melfort titles became dormant or extinct and the Perth titles passed to the Viscount of Strathallan.
As accused, for him to have been properly tried, he should have been tried by his peers in the Peerage of Ireland, under the presiding authority of the Lord High Steward of Ireland. However, he was already dead, unable to stand in his own defence, and his title already inherited by his son Hugh “Albert” O'Donnell; therefore in order to attaint the title, the trial would have to have been of Hugh “Albert”, who had in fact committed no crime. The 6-year delay in hearing the attainders was unavoidable, as his peers in the Irish House of Lords next sat in 1613, and dealt with the matter in the usual manner. The attainder was however considered a travesty of justice by his supporters, and was considered null and void by many on the Continent. The succession of the Earl of Tyrconnell's son, Hugh “Albert” O'Donnell, as 2nd Earl of Tyrconnell (1st creation) was therefore recognized as valid in the Spanish Empire, and he was given the same status under a new Spanish title Conde de Tirconnel.
Following the failure of the 1641 Protestation, the Long Parliament tried two more times to organize an oath of allegiance to King Charles and the Church of England, but they saw the same fate as its predecessor. The Long Parliament then turned its focus to Thomas Wentworth, the Earl of Strafford, and accused him of treason and other minor crimes. Strafford was beloved by Charles I and the king did not want any sort of punishment against him. Not affected by this, John Pym was able to obtain notes from the King's Privy Council where Strafford claimed that Charles I was absolved from the rules of government because he had done his duty and his subject failed on theirs, thus Charles was allowed to use his army that was in Ireland to suppress all revolts against him. Soon afterwards, Pym proposed a Bill of Attainder on Strafford to execute him, which after some resistance was approved by the House of Commons and the House of Lords on 21 April 1641.
Whether a relief (livery of seisin) was not paid, no heirs existed or through attainder, Ashley Manor escheated to the Crown before and after Berkeley's ownership as was common of many manorial estates in that period. The manor and Walton Lee and Walton Meads were granted (that is to say, the chief tenancy of the same) by James I of England to Henry Gibb in 1625; but the house may already have been long-let to wealthy tenants - it was long leased by 1630 to the brother of the King's favourite (the Duke of Buckingham) Christopher Villiers, 1st Earl of Anglesey who lived at Ashley Park and died in Windsor in April 1630. It may have been he who extended the estate as he was before ennoblement successively Gentleman of the Horse; Gentleman of the Bedchamber; Master of the Robes and five years after being granted his earldom Chief Steward or Keeper of the Honour of Hampton Court in 1628 supplemented by that of Bushy Park the year after.
At the 1695 English general election he was returned again as MP for the City of London and signed the Association on 27 February 1696. He became relatively active in Parliament, supporting a measure to repair the highways of Islington and St Pancras and he supported the attainder of Sir John Fenwick in November 1696. He became a governor of the New England Company in 1696 for the rest of his life. In January 1697, he presented a bill in Parliament to complete the building of St Paul's cathedral. He became a Director of the Bank of England in 1697 and served with statutory intervals until 1714. In 1697 he became a Governor of Highgate School. In July 1698, he was appointed to a lucrative post as a Commissioner for excise and was returned again as MP for the City at the 1698 English general election. He voted with the Court Whigs against the Disbanding Bill in 1698 and 1699 and for of the standing army on 18 January 1699.
Lord Hereford, as he was now, provided signal service in suppressing the Northern Rebellion of 1569, serving as high marshal of the field under The 3rd Earl of Warwick and Lord Clinton. For his zeal in the service of Queen Elizabeth I on this and other occasions, he was made a Knight of the Garter on 17 June 1572 and was created Earl of Essex and Ewe, and Viscount Bourchier, on 4 May 1572.The titles assumed by the 1st Earl of the Devereux family are attributed to his son in the act of restoration, which recites that “the said Robert, late Earl of Essex, before his said attainder, was lawfully and rightly invested … with the name, state, place, and dignity of Earl of Essex and Ewe, Viscount Hereford and Bourchier, Lord Ferrers of Chartley, and Lord Bourchier and Louvaine.” Eager to give proof of "his good devotion to employ himself in the service of her Majesty," Lord Essex, as he was now, offered on certain conditions to subdue or colonise, at his own expense, a portion of the Irish province of Ulster.
The Connecticut legislature ordered a new trial in a court case about the contents of a will, overruling an earlier court ruling. In a unanimous decision, the United States Supreme Court held that the legislature's actions did not violate the ex post facto law in article 1, section 10 of the Constitution, which states: > No State shall enter into any Treaty, Alliance, or Confederation; grant > Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any > Thing 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 grant any Title of Nobility. An ex post facto law or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. The holding in this case still remains good law: the ex post facto provision of the Constitution applies solely to criminal cases, not civil cases.
Despite her husband's misfortune, Katherine Vaux remained loyal to her mistress: she stayed by the Queen during her imprisonment in the Tower of London, and on Margaret's release in 1476 went with her into exile (as she had done earlier in the 1460s), living with her until her death six years later. Katherine's two children did not share either her confinement or her travels abroad; instead, Nicholas Vaux and his sister Joan, were brought up in the household of Lady Margaret Beaufort (mother of Henry VII), without charge, even though Edward IV restored two manors to the family for the maintenance of him and his sister. Katherine's devotion was rewarded after the triumph of Henry VII at Bosworth, where Nicholas Vaux, as a protégé of Lady Margaret Beaufort, probably fought under her husband Thomas Stanley, 1st Earl of Derby; the petition for the reversal of the attainder on Vaux's father and the forfeiture of his property was accepted by the King in the Parliament of 1485, and not long after Vaux was named to the commission of the peace for his home county.
When she declared that King Henry would soon die if he continued his actions against the papacy, a prophecy that failed to come to pass within the time she predicted, the king turned against her and she was condemned to death by an Act of Attainder (25 Henry VIII, c. 12), together with several of her supporters: Hugh Rich, O.F.M., guardian of the Observant friary at Richmond, Edward Bocking and John Dering, B.D. (Oxon.), both Benedictine monks of Christ Church, Canterbury, Henry Gold, M.A. (St. John's College, Cambridge), Parson of St. Mary Aldermanbury, London, and Vicar of Hayes, Middlesex, and Richard Master, M.A. (King's College, Oxon), Rector of Aldington, Kent, who was pardoned; but by some oversight Master's name was included and Risby's omitted in the catalogue of praetermissi. Friar Thomas Bourchier, who took the Franciscan habit at Greenwich about 1557, wrote a work chronicling the lives of the Observant friars who were executed under the Tudors, In it he wrote that Risby and Rich had been offered their freedom twice, if they would accept the king's supremacy.
After the Warren Bridge charter was granted, the Charles River Bridge Company filed a lawsuit in the Massachusetts Supreme Judicial Court (SJC) in an effort to stop the construction of the second bridge. The SJC was divided 2-2 on the matter, and the case was appealed to the United States Supreme Court. The case was argued before the Court in 1831, where the plaintiffs argued that it was unconstitutional for the Massachusetts legislature to charter the Warren Bridge, because creating a competing bridge violated the contract clause in Article I, Section 10, which states, "No State shall pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts". It appears as though Chief Justice John Marshall, Justice Joseph Story and Justice Smith Thompson, were all in agreement that the Massachusetts legislature had indeed violated the obligation of contract clause in the constitution, but because of justice absences, and disagreements between the justices, no final decision was reached, and the case languished for six years.
Upon the Countess Desmond's death the castle was to revert to the line of the Earls of Desmond. In 1575, she passed title to the castle and lands in trust, by deed, to the incumbent earl, Gerald FitzGerald, who then passed it in trust to his dependants. (The Earl, who was in rebellion against the Crown, wished to avoid confiscation of his lands by placing them in the legal guardianship of others.) The estate of Inchiquin was described at the time as "the castle and towne of Inchiquaine, with arable land called the six free plowelands in Inchiquaine, together with mores, meadowes, pastures, groves, woodds, mill places, with their watercourses, rivers, streams, with their weares and fisheryes". National Portrait Gallery, 18th century copy of a supposed portrait of the Countess of Desmond Following the earl's attainder in 1582, whereby his estate fell to the Crown after the Desmond Rebellions, Inchiquin Castle and its lands were granted to New England colonist Sir Walter Raleigh who then leased out some of the land while preserving the life interest of the Countess in the castle.
The eldest son of William Cavendish, 2nd Earl of Devonshire and his wife Christian Cavendish, Countess of Devonshire, he was educated by his mother with his father's old tutor Thomas Hobbes. Hobbes's translation of Thucydides is dedicated to Cavendish, and from 1634 to 1637 he travelled abroad with the philosopher. Cavendish was created a Knight of the Bath at Charles I's coronation in 1625. He was lord-lieutenant of Derbyshire from 13 November 1638 to 22 March 1642, was high steward of Ampthill 4 February 1640, and joint-commissioner of array for Leicestershire 12 January 1642. As a prominent royalist he opposed Strafford's attainder, was summoned to a private conference with the queen in October 1641, was with Charles I at York in June 1642, absented himself from his place in the parliament, was impeached with eight other peers of high crimes and misdemeanors, refused to appear at the bar of the House of Lords, was expelled on 20 July 1642, and was ordered to stand committed to the Tower of London.
Loades 1996 p. 17 At the same time Edmund Dudley's attainder was lifted and John Dudley was restored "in name and blood". The King was hoping for the good services "which the said John Dudley is likely to do".Loades 1996 p. 18 At about age 15 John Dudley probably went with his guardian to the Pale of Calais to serve there for the next years.Loades 1996 p. 20 He took part in Cardinal Wolsey's diplomatic voyages of 1521 and 1527, and was knighted by Charles Brandon, 1st Duke of Suffolk, during his first major military experience, the 1523 invasion of France.Loades 1996 pp. 20–22, 24–25 In 1524 Dudley became a Knight of the Body,Loades 1996 p. 22 and from 1534 he was responsible for the King's body armour as Master of the Tower Armoury.Ives 2009 p. 99 Being "the most skilful of his generation, both on foot and on horseback", he excelled in wrestling, archery, and the tournaments of the royal court, as a French report stated as late as 1546.
Pembroke supported the moderate episcopalian faction in the Assembly (most associated with James Ussher, Archbishop of Armagh), and remained fiercely opposed to the presbyterian and Independent parties in the Assembly. (George Morley, future Bishop of Winchester served as Pembroke's domestic chaplain, and Pembroke was a member of St Martin-in-the-Fields, where he worshipped regularly.) As such, in the House of Lords, Pembroke voted in favour of the bill of attainder against Archbishop Laud in 1645, but in 1646 voted to reject a petition in favour of presbyterianism submitted by the City of London. During the politics of the 1640s, Pembroke was initially associated with the group of lords headed by William Fiennes, 1st Viscount Saye and Sele and Algernon Percy, 10th Earl of Northumberland, which supported the Self-denying Ordinance and the creation of the New Model Army in 1645. By mid-1646, however, Pembroke was distancing himself from this group and became one of the most outspoken opponents of the New Model Army, favouring its immediate disbandment.
Thomas Richard West was the eldest son of Richard West, 7th Baron De La Warr (28 October 1430 – 10 March 1476), and Katherine Hungerford (d. 12 May 1493), daughter of Robert Hungerford, 2nd Baron Hungerford of Heytesbury, Wiltshire, by Margaret Botreaux, daughter of William de Botreaux, 3rd Baron Botreaux, of Boscastle, Cornwall. West served in an expedition to France in 1475. He was said to be aged 19 or more at his father's death on 10 March 1476,According to Riordan, however, he was born in 1448. and was granted special livery of his lands on 1 September of that year. He was knighted by Henry VII on 18 January 1478, and on 4 March 1486 was granted lands in Sussex after the attainder of the Duke of Norfolk. In 1487 he was granted an annuity of £20 by Peter Courtenay, Bishop of Winchester. In 1489 he was made a Knight of the Bath at the creation of Henry VII's eldest son, Arthur Tudor, as Prince of Wales.
He was knighted for his services, and on 23 March 1514 obtained a grant in tail male of the lordship of Kingston-upon-Hull and the manor of Myton forfeited by the attainder of Edmund de la Pole. In October he accompanied his cousin Charles Brandon, 1st Duke of Suffolk and Thomas Grey, 2nd Marquess of Dorset to Paris, to witness the coronation on 5 November of the Princess Mary as consort of Louis XII, and took a prominent part in the subsequent jousts and festivities. In the following summer he again went to France, charged with the delicate task of announcing the approaching second marriage of the Princess Mary, to the Duke of Suffolk. Heraldic emblem of Sidney Sussex College, Cambridge, founded by Frances Sidney (a daughter of Sir William Sidney), a porcupine (statant) azure quills collar and chain or, being the crest of the Sidney family It is believed by the Sidney family that Sir William Sidney at that time adopted as a second family crest a porcupine statant azure quills collar and chain or,Montague-Smith, P.W. (ed.), Debrett's Peerage, Baronetage, Knightage and Companionage, Kelly's Directories Ltd, Kingston-upon-Thames, 1968, p.
Thomas died some time before 1611 and his lands were inherited by his son Owen McKiernan. The Plantation of Ulster 1609 Baronial Map depicts Rosbrazill on the west side of the river but does not depict the townland of Killarah on the east side, because the lands in Tullyhunco were supposed to be set aside for English servitors but Killarah was granted to an Irish native in contravention of the rules, so the mappers avoided the problem by not mapping Killarah.National Archives Dublin: Owen McKiernan was worried that his lands would be confiscated under the Plantation of Ulster so he made representations to the Lords of the Council in Whitehall, London. They in turn sent the following note to Arthur Chichester, 1st Baron Chichester, the Lord Deputy of Ireland- April 30 1610. Recommend to his favourable consideration in the settlement of the natives, the bearer, Owen Carnan, who sued for 800 acres of land lying in the county of Cavan, which have belonged (as he informs them) to his father, uncle, & others his predecessors, time out of mind, without any attainder for matter of disloyalty.
Lord-chancellor Waynflete appointed him king's Serjeant 21 April 1458, and Lord Campbell, citing an otherwise unknown pamphlet of Billing in favour of the Lancastrian cause, says that with the attorney-general and solicitor-general he argued the cause of King Henry VI at the bar of the House of Lords. The entry in the Parliamentary Rolls, however, indicates that the judges and king's Serjeants excused themselves from giving an opinion in the matter. About the same time Billing appears to have been knighted, and on the accession of Edward IV his patent of king's Serjeant was renewed, and in the first parliament of this reign he was named, along with Serjeants Lyttelton and Laken, a referee in a cause between the Bishop of Winchester and some of his tenants. He is said by Lord Campbell to have exerted himself actively against King Henry, Queen Margaret, and the Lancastrians, and to have helped to frame the act of attainder of Sir John Fortescue, chief justice of the king's bench, for being engaged in the Battle of Towton, and to have advised the grant of a pardon, on condition that the opinions of the treatise ‘De Laudibus’ should be retracted.
According to the record, "Marian Kincaid of Great Britain, widow, demanded against John G. Williamson the one-third of 300 acres of land, &c.;, in Chatham County as dower. That the tenant pleaded 1st, the Act of Georgia passed 1 March, 1778, attainting G. Kincaid (the demandant's late husband) forfeiting his estate, and vesting it in Georgia, without office; 2d, the Act of 4 May, 1782, banishing G. Kincaid and confiscating his estate; 3d, the appropriation and sale of the lands in question by virtue of the said attainder and confiscation before 3 September, 1783 (the date of the definitive treaty of peace) and before G. Kincaid's death; 4th, the alienage of the demandant (who was resident abroad on 4 July, 1776, and ever since) and therefore incapable of holding lands in Georgia. That the demandant replied that she and her husband were inhabitants of Georgia on the 19th of April 1775, then under the dominion of Great Britain; that her husband continued a subject of Great Britain and never owed allegiance to Georgia, nor was ever convicted by any lawful authority of any crimes against the state.".
"Witness Names to be Withheld from Detainee ", December 1, 2007 In November, while prosecutors were "desperately" trying to introduce the 27-minute video found in the wreckage,Canadian Press, Omar Khadr ID'ed Maher Arar as visitor at al-Qaida facilities, agent testifies, January 19, 2008 the tape was leaked to the media by an unknown source and shown on 60 Minutes. Four months later, Kuebler stated that following conversations with the show's producers, he believed that the video was leaked by Vice President Dick Cheney's office.CTV News, Khadr lawyers accuse Cheney office of video leak , March 4, 2008 The United Nations requested that Radhika Coomaraswamy, special representative for children in armed conflict, be allowed to watch the tribunal, but the request was denied.Shephard, Michelle, Toronto Star, UN observer can't attend Omar Khadr hearing, Pentagon says , January 24, 2008 In January, the defence put forward three separate motions to dismiss the trial, arguing that it violated the Constitutional prohibition against bills of attainder, that the commission lacked jurisdiction because Khadr had been a minor when the incident occurred and that there was a lack of subject matter jurisdiction.
Earl of Gowrie is a title that has been created twice, once in the Peerage of Scotland and once in the Peerage of the United Kingdom, both times for members of the Ruthven family. It takes its name from Gowrie, a historical region and ancient province of Scotland. On 23 August 1581, William Ruthven, 4th Lord Ruthven, was created Earl of Gowrie by James VI, King of the Scots. He was executed for high treason, attainted and his peerages forfeited on 28 May 1584. Two years later in 1586, the attainder was reversed and his son, the second Earl, was restored as Earl of Gowrie and Lord Ruthven, but both peerages were forfeited after the alleged plot and subsequent death of the second Earl's younger brother, the third Earl, in 1600. The Ruthven family descended from Sir William Ruthven, who was created Lord Ruthven in the Peerage of Scotland in 1488. Lord Ruthven's son and heir, William Ruthven, Master of Ruthven, was one of the many Scottish nobles killed at the Battle of Flodden in 1513. Lord Ruthven died in 1528 and was succeeded by his grandson, William, the second Lord, the son of the Master of Ruthven.
On 5 February 1345 at Ditton Church, Stoke Poges, Buckinghamshire, she married Richard FitzAlan, 3rd Earl of Arundel.also called Richard de Arundel His previous marriage, to Isabel le Despenser, had taken place when they were children. It was annulled by Papal mandate as she, since her father's attainder and execution, had ceased to be of any importance to him. Pope Clement VI obligingly annulled the marriage, bastardized the issue, and provided a dispensation for his second marriage to the woman with whom he had been living in adultery (the dispensation, dated 4 March 1345, was required because his first and second wives were first cousins). The children of Eleanor's second marriage were: #Richard (1346–1397), who succeeded as Earl of Arundel #John Fitzalan (bef 1349 - 1379) #Thomas Arundel, Archbishop of Canterbury (c. 1353 - 19 February 1413) #Lady Joan FitzAlan (1347/1348 - 7 April 1419), married Humphrey de Bohun, 7th Earl of Hereford #Lady Alice FitzAlan (1350 - 17 March 1416), married Thomas Holland, 2nd Earl of Kent (Thomas Holand) #Lady Mary FitzAlan (died 29 August 1396), married John Le Strange, 4th Lord Strange of Blackmere, by whom she had issue #Lady Eleanor FitzAlan (1348 - d 29 Aug 1396) married Sir Anthony Browne.
Hyde was returned by his father as Member of Parliament for Launceston on the Granville interest at a by-election on 15 November 1692. He then resigned his army commission. He was returned for Launceston again at the 1695 English general election. He voted against fixing the price of guineas at 22 shillings, and against the attainder of Sir John Fenwick, on 25 November 1696. After his return at the 1698 English general election, he was classed as a Country supporter. In 1700, he was awarded DCL at Oxford University together with his father in a specially called convention. He was returned unopposed at the first general election of 1701, and was blacklisted for opposing preparations for war with France. He was returned unopposed again at the second general election of 1701 and supported the motion of 26 February 1702 which vindicated the Commons’ proceedings in impeaching Whig ministers. At the 1702 English general election he was returned again unopposed. From 1703 to 1710 he was first clerk of writs in Chancery. He was absent from the vote on the Tack in 1704 and was classed as a sneaker. He was returned unopposed as a Tory at the 1705 English general election and voted against the court candidate for speaker on 25 October 1705.
John Thornhagh (1648–1723), of Fenton and Osberton, Nottinghamshire, was an English Whig politician who sat in the English and British House of Commons between 1689 and 1710. Thornhagh was baptized on 27 January 1648 at St Mary's Nottingham, the only son of Francis Thornhagh, MP for East Retford and his wife Elizabeth St Andrew, daughter of John St Andrew of Gotham, Nottinghamshire. He succeeded his father in 1648. He was admitted at Jesus College, Cambridge on 1 June 1664. He married Elizabeth Earle, the daughter of Sir Richard Earle, 1st Baronet, of Stragglethorpe, Lincolnshire, on 15 September 1670. Thornhagh was Commissioner for assessment for Nottinghamshire from 1673 to 1680. In February 1688, he was appointed a Justice of the Peace . He was High Sheriff of Nottinghamshire for the year 1688 to 1689 and was a Deputy Lieutenant for Nottinghamshire thereafter. At the 1689 English general election, he was elected Member of Parliament for East Retford as a Court candidate. He was moderately active in the Convention, sitting on 21 committees. He was Commissioner for assessment for Nottinghamshire again in 1690 and was returned unopposed at the 1690 English general election. He was returned unopposed at the 1695 English general election and voted for the attainder of Sir John Fenwick on 25 November 1696.
18 March 1762), daughter of the 2nd baronet. Fingask Castle was badly damaged in 1745 by government troops, as the Threiplands once more supported the Jacobites in the second Jacobite rising. David Threipland (1694–1745), son of the 2nd baronet, was killed at the Battle of Prestonpans. His half-brother Dr. Stuart Threipland (1716–1805), repurchased Fingask in 1783 at a sale of forfeited land, for £12,207. He married firstly at St. Paul's, Edinburgh, in 1753, Jannet, daughter of David Sinclair of Southdun, Caithness, and secondly at St. Paul's Edinburgh, in 1761, Jannet daughter of Richard Murray of Pennyland, heiress of her cousin Grizel Budge (d. 1798) of Dale & Toftingall, Halkirk, Caithness. His sister Miss Euphame ("Aunt Effie") Threipland (1713- ) is said to have run the estate in his absence. Dr Threipland was President of the Royal Medical Society from 1766. Steuart and Peter Threipland's Q. Horatii Flacci Opera, Ludovicus Desprez, London, 1699 Bookplate of Sir Patrick Budge Murray Threipland, 4th Bart. (1762–1837), in a copy of a 1761 Book of Common Prayer In 1826, the attainder of 1715 was repealed by Act of Parliament, and Sir Patrick (aka Peter) Budge Murray Threipland (1762–1837), an advocate, was restored to the dignity of a baronet.

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What are the 5 most common sentencing? ›

The most common sentences are:
  • Absolute discharge.
  • Conditional discharge.
  • Suspended sentence.
  • Probation.
  • Fine.
  • Imprisonment (jail)
  • Intermittent sentence (“weekends”)
  • Conditional sentence (”house arrest”)

What is the most serious sentence? ›

Imprisonment is the most severe sentence available to the courts.

What are examples of possibly? ›

I will come as soon as I possibly can. They tried everything they possibly could to improve the situation. We don't want these rumours to spread if we can possibly avoid it. I don't see what more he could possibly do.

What factors does a judge consider when determining sentencing? ›

The judge may consider a variety of aggravating or mitigating factors. These include whether the defendant has committed the same crime before, whether the defendant has expressed regret for the crime, and the nature of the crime itself.

Do you go straight to jail after sentencing? ›

After people are sentenced, they are taken from court and initially transported to the nearest reception prison for the first few nights. They may be relocated to another prison depending on the security category, nature of the crime, length of sentence, and other factors that may need to be taken into consideration.

How many days equal a month in jail? ›

Rather, every month in a sentence should be worth 30 days, such that every “year” would count as 360 days (12 months x 30 days), not 365.

How long is 2 life sentences? ›

Consecutive Life Sentences

In the United States, people serving a life sentence are eligible for parole after 25 years. If they are serving two consecutive life sentences, it means they have to wait at least 50 years to be considered for parole.

What does 15 to life mean? ›

An example of a life sentence with the possibility of parole is when an offender is sentenced to serve a term of “15 years to life.”

What is the harshest sentence in the US? ›

Charles Scott Robinson: 30,000 years

Oklahoma child rapist Charles Scott Robinson owns the record for the longest jail term given to a single person on multiple counts. On December 23, 1994, Robinson was sentenced to 30,000 years in prison -- 5,000 years for each of the six counts against him.

What are 10 examples using any? ›

[M] [T] I don't have any money and I don't have any friends either. [M] [T] I doubt that our new boss will be any worse than the old one. [M] [T] No matter how hard I try, I can't do it any better than she can. [M] [T] Daddy, I can't walk any more.

What are 2 sentences with possibility? ›

Example Sentences

There is a strong possibility that I will not be chosen for the job. Have you considered the possibility that you may be wrong? My first two ideas didn't work, but I thought of a third possibility. The future holds untold possibilities.

What is a possible sentence? ›

Possible sentences is a pre-reading vocabulary strategy that activates students' prior knowledge about content area vocabulary and concepts. Before reading, students are provided a short list of vocabulary words from their reading.

How do judges decide on sentences? ›

A judge must impose a sentence that is sufficient, but not greater than necessary, to: reflect the seriousness of the offense; promote respect for the law; provide just punishment for the offense; adequately deter criminal conduct; protect the public from further crimes by the defendant; and provide the defendant with ...

What do judges look at when deciding a case? ›

The trial judge's decisionmaking must determine what are the facts and the proper application of the law to these facts. To bring order to the confusion of contested facts and theories of law, the trial judge decides cases by hypothesis or a series of tentative hypotheses increasing in certainty.

How do you ask a judge for leniency? ›

provide reasons for leniency, tell a story, and. provide contact information.
For example, you will want to include:
  1. how long you have known the defendant,
  2. how often you interact with him/her, and.
  3. if a professional contact, state your title and how long you have held your position.
Jul 8, 2022

How can I avoid going to jail? ›

The best way to avoid going to jail is to follow all laws and regulations. Obey all court orders, pay your fines, and stay out of trouble. This may seem simple enough, but there are some weird laws out there that you might not be aware of that you are breaking.

Are you free before sentencing? ›

If you're convicted of or plead guilty to a crime, you may face a prison sentence. Whether you go straight to prison or jail after a conviction depends on your case. Sometimes, an officer may immediately put you in handcuffs in the courtroom. Other times, the court may release you until sentencing.

Does a sentence always mean jail time? ›

Does a Conviction Always Mean Jail Time or Prison? No, not always. When defining crimes and penalties, state and federal lawmakers typically establish a maximum sentence for the offense, such as up to five years in prison and a $10,000 fine. But this maximum sentence is just that—the maximum allowed.

How long is 600 days in jail? ›

An inmate is released from prison when he completes his sentence. If an inmate is sentenced on January 1, 2009 to 600 days (20 months), then he will be released from prison on September 1, 2010.

What makes you eligible for the First Step Act? ›

To be eligible to earn ETCs, inmates must (1) have a minimum or low pattern score (FSA's risk assessment tool utilized by the BOP), and (2) not have a conviction for a disqualifying offense (terrorism, espionage, human trafficking, sex offenses, and other crimes determined to be violent).

Is 10 months a year in jail? ›

In the states I've been locked up in you could not get just “10 months” in prison. Prison time STARTS at (1) Year. Anything less is strictly “Jail” time. The jails I've been to you would serve about (6) months on a (10) month sentence.

How much is 1 life sentence? ›

A one-life sentence imposes an obligation on a defendant to serve 15 to 25 years in prison until the eligibility of parole. The sentence depends on the gravity of the crime and on the jurisdiction in which the defendant is tried. Parole is usually granted to individuals who have displayed good behavior.

What is the longest life sentence? ›

Prisoners sentenced to life imprisonment
NameSentence startSentence term
Charles Cullen200619 life sentences without parole for 497 years
David Randitsheni200916 life sentences plus 220 years
Jeffrey Dahmer199216 life sentences without parole
Earl Bradley201114 life sentences without parole plus 165 years
42 more rows

How much does the death penalty cost? ›

Study Concludes Death Penalty is Costly Policy

The study counted death penalty case costs through to execution and found that the median death penalty case costs $1.26 million. Non-death penalty cases were counted through to the end of incarceration and were found to have a median cost of $740,000.

Can prisoners on death row have visitors? ›

yes "Death-sentenced prisoners are permitted semi-contact visits with family and friends on their visitation list, and confidential non-barrier visits with their attorney of record during their incarceration. A full contact visit with family is permitted at the Warden's discretion, preceding a scheduled execution."

Who is the youngest person to go to juvie? ›

Mary Bell is the youngest person to go to jail.

She committed her first murder in 1968 when she was 10.

Can life without parole be overturned? ›

The first and most direct opportunity a defendant has to challenge a life without the possibility of parole conviction is on direct appeal from the trial court's judgment. A challenge on direct appeal is based solely upon the happenings of the trial court proceedings, including any transcripts, exhibits, and motions.

What is the lowest jail sentence? ›

The judge sentenced Munch to a $100 fine and 30 days behind bars, but he appealed to King County Superior Court – whose judge, Archibald Frater (1856-1925), reduced the sentence to exactly one minute.

Has anyone survived a life sentence? ›

Paul Geidel Jr. (April 21, 1894 – May 1, 1987) was the longest-serving prison inmate in the United States whose sentence ended with his parole, a fact that earned him a place in Guinness World Records.

Who was the youngest person sentenced to life? ›

The sentence was controversial because Tate was 12 years old at the time of the murder, and his victim was 6. He was the youngest person in modern US history to be sentenced to life imprisonment, bringing broad criticism on the treatment of juvenile offenders in the justice system of the state of Florida.

Is there any sugar or some sugar? ›

Both are correct because both "some" and "any" specify an amount of the object you are talking about. If you ask someone "do you want __ sugar" and use any or some, chances are they're gonna understand what you're talking about either way. When comes to ' Would you like some sugar', 'some' is used instead of 'any'.

What can't you start a sentence with? ›

Never begin a sentence—or a clause—with also. Teach the elimination of but, so, and, because, at the beginning of a sentence. A sentence should not commence with the conjunctions and, for, or however....

What is a 5 sentence for some? ›

[M] [T] I have some work to do this evening. [M] [T] I know some students in that school. [M] [T] I should go home and get some sleep. [M] [T] She asked him to give her some money.

What are 2 sentences for future perfect? ›

  • I will have been here for six months on June 23rd.
  • By the time you read this I will have left.
  • You will have finished your report by this time next week.
  • Won't they have arrived by 5:00?
  • Will you have eaten when I pick you up?

What is a sentence for notch? ›

Example Sentences

Noun Cut small notches at the corners of the fabric. The tool has a notch for prying out nails. The town is on the other side of the notch.

What are 2 sentences in future simple? ›

The Simple Future Tense
  • I will meet him later (I'll ..)
  • You will come (you'll..)
  • It will rain tomorrow (it'll)
  • She will be late (she'll..)
  • He will help us later (he'll..)
  • We will get married in September (we'll)
  • They will cook dinner (they'll..)

Is 30 words a sentence? ›

How Many Sentences Is 30 Words? 30 words is about 1-2 sentences. A sentence typically has 15–20 words.

Can one word can be a sentence? ›

A sentence word (also called a one-word sentence) is a single word that forms a full sentence. Henry Sweet described sentence words as 'an area under one's control' and gave words such as "Come!", "John!", "Alas!", "Yes." and "No." as examples of sentence words.

What are the 4 main types of sentencing? ›

Four major goals are usually attributed to the sentencing process: retribution, rehabilitation, deterrence, and incapacitation.

What is the most common type of sentencing? ›

Probation, the most frequently used criminal sanction, is a sentence that an offender serves in the community in lieu of incarceration.

What is the most common form of sentencing? ›

Probation is the most common form of criminal sentencing in the United States.

What are the 5 sentencing theories? ›

There are five basic sentencing philosophies that justify why we punish those who break our criminal laws: retribution, incapacitation, rehabilitation, deterrence, and restoration.

What is the most common type of offense for incarceration? ›

Drug offenses still account for the incarceration of over 350,000 people, and drug convictions remain a defining feature of the federal prison system.

What are the 3 sentencing models? ›

This chapter examines the nature of and issues associated with three models of sentencing: the legislatively fixed model, the judicially fixed model, and the administratively fixed model.

What is flat time sentencing? ›

A flat-time determinate sentence is a set, certain sentence that offenders sent to prison must serve without parole, which will ensure that similar offenders receive similar sentences for the same crimes.

What crime has the highest minimum sentence? ›

Capital Felonies

The highest degree of criminal offense is a capital felony. These are only issued in some states and correspond with the most serious crimes, such as murder, rape, human trafficking, and heavy child abuse. Punishment for capital felonies has also resulted in the death sentence.

Which sentencing option is the most severe? ›

The most severe sentencing option is the death penalty, or capital punishment, which is inflicted in rare cases. Generally, judges sentence offenders to the death penalty for murders with aggravating circumstances. Since the consequences of this punishment cannot be revoked, it is heavily controlled by law.

What is the most common criminal offense? ›

1. Larceny / Theft. Larceny-theft hits the top of the crime list, far outweighing any other crime. The numbers of larceny-theft in this country are staggering – more than 7 million reported each year, making up almost sixty percent of all reported crimes.

What is the most frequently imposed criminal sentence in the United States multiple choice question? ›

Probation is the most commonly imposed criminal sentence in the United States, with nearly four million adults currently under supervision. Yet the law of probation has not been the focus of sustained research or analysis.

What is the oldest and most common justification for sentencing? ›

Retribution. Retribution is probably the oldest justification of punishment and can be found in the theories offered by Kant and Hegel (Brooks, 2001). It is the fact that the individual has committed a wrongful act that justifies punishment, and that the punishment should be proportional to the wrong committed.

What should be the top three factors considered in sentencing? ›

Mandatory Sentences, Uniformity, and Consistency.

What is retribution sentencing? ›

The philosophy of retribution demands a reduction in sentencing disparity because it requires that sentences be based on the serious nature of the offense and be proportional to the harm done by the offender.

What are the two main types of sentencing? ›

A life sentence represents the disposition of a serious criminal case, in which the convicted person is sentenced to spending the remainder of their life in prison. A mandatory sentence is created by state or federal statutes and represents the rendering of a punishment for which a judge has/had no room for discretion.

What is incapacitation punishment? ›

In punishment: Incapacitation. Incapacitation refers to the act of making an individual “incapable” of committing a crime—historically by execution or banishment, and in more modern times by execution or lengthy periods of incarceration.


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