Attainder

Last updated

In English criminal law, attainder 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. Anyone condemned of capital crimes could be attainted.

Contents

Attainder by confession resulted from a guilty plea at the bar before judges or before the coroner in sanctuary. Attainder by verdict resulted from conviction by jury. Attainder by process resulted from a legislative act outlawing a fugitive (a bill of attainder). The last form is obsolete in England (and prohibited in the United States), and the other forms have been abolished.

Middle Ages and Renaissance

Richard of York, attainted by Margaret of Anjou Richard of York Talbot Shrewsbury Book.jpeg
Richard of York, attainted by Margaret of Anjou

Medieval and Renaissance English monarchs used acts of attainder to deprive nobles of their lands and often their lives. Once attainted, the descendants of the noble could no longer inherit their lands or income. Attainder essentially amounted to the legal death of the attainted's family. [1]

Monarchs typically used attainders against political enemies and those who posed potential threats to the king's position and security. The attainder eliminated any advantage the noble would have in a court of law; nobles were exempt from many of the techniques used to try commoners, including torture. Likewise, in many cases of attainder, the king could coerce the parliament into approving the attainder and there would be a lower or non-existent burden of proof (evidence) than there would be in court. [2]

Prior to the Tudors, most rulers reversed their attainders in return for promises of loyalty. For example, Henry VI reversed all 21 attainders, Edward IV 86 of 120, and Richard III 99 of 100. [3] However, this changed with Henry VII, as described below.

Rulers who used attainder include:

Once attainted, nobles were considered commoners, and as such, could be subjected to the same treatments, including torture and methods of execution. For example, commoners could be burned at the stake, whereas nobles could not.

Often, nobles would refer to the act of being attainted (and then executed) as the person's "destruction".

Passage in Parliament

In the Westminster system, a bill of attainder was a bill passed by Parliament to attaint persons who were 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; one use of the attainder process was a method of declaring a person a fugitive. Another was applying collateral consequences of criminal conviction (especially property forfeiture) where the suspects had died and hence could not stand trial.

A rumour circulated that a bill of attainder against Thomas Jefferson was raised in 1774 following his authorship of A Summary View of the Rights of British America . [6]

The last bill of attainder passed in Britain was against Lord Edward FitzGerald, after his death in 1798; that provided for forfeiture of his estate.[ citation needed ] Attainders by confession, verdict and process were abolished in the United Kingdom by the Forfeiture Act 1870 (33 & 34 Vict., c.23).

Article One of the United States Constitution provides that no bill of attainder or ex post facto law shall be passed by Congress, [7] and forbids states from passing them. [8]

Corruption of blood

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 through their other relatives from them. For example, if a person executed for a crime leaves innocent children, the property of the criminal is forfeited to the crown and will not pass to the children. If the criminal's innocent parent outlives their child, the property inherited by the parent from the criminal cannot be inherited by the criminal's children either; instead, it will be distributed among other family members.

The United States Constitution prohibits corruption of blood as a punishment for treason, [9] (specifically, "no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted") and when Congress passed the first federal crime bill in 1790, it prohibited corruption of blood as a punishment for any federal crime. In England and Wales, corruption of blood was abolished by the Corruption of Blood Act 1814.

Examples

Related Research Articles

Posthumous execution is the ritual or ceremonial mutilation of an already dead body as a punishment. It is typically performed to show that even in death, one cannot escape justice.

<span class="mw-page-title-main">Article Three of the United States Constitution</span> Portion of the US Constitution regarding the judicial branch

Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason.

<span class="mw-page-title-main">George Plantagenet, Duke of Clarence</span> English magnate (1449–1478)

George Plantagenet, Duke of Clarence, was the sixth child and third surviving son of Richard Plantagenet, 3rd Duke of York, and Cecily Neville, and the brother of English kings Edward IV and Richard III. He played an important role in the dynastic struggle between rival factions of the Plantagenets now known as the Wars of the Roses.

<span class="mw-page-title-main">Margaret Pole, Countess of Salisbury</span> English noblewoman, courtier and peeress

Margaret Plantagenet, Countess of Salisbury, was the only surviving daughter of George Plantagenet, Duke of Clarence, a brother of Kings Edward IV and Richard III, by his wife Isabel Neville. As a result of her marriage to Richard Pole, she was also known as Margaret Pole. One of the few members of the House of Plantagenet to have survived the Wars of the Roses, she was executed in 1541 at the command of King Henry VIII, the second monarch of the House of Tudor, who was the son of her first cousin, Elizabeth of York. Pope Leo XIII beatified her as a martyr for the Catholic Church on 29 December 1886. One of her sons, Reginald Pole, was the last Catholic Archbishop of Canterbury.

<span class="mw-page-title-main">Edward Plantagenet, 17th Earl of Warwick</span> English nobleman

Edward Plantagenet, 17th Earl of Warwick was the son of Isabel Neville and George Plantagenet, 1st Duke of Clarence, and a potential claimant to the English throne during the reigns of both his uncle, Richard III (1483–1485), and Richard's successor, Henry VII (1485–1509). He was also a younger brother of Margaret Pole, 8th Countess of Salisbury. Edward was tried and executed for treason in 1499.

A bill of attainder is an act of a legislature declaring a person, or a group of people, 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, the right to a title of nobility, and, in at least the original usage, the right to life itself.

<span class="mw-page-title-main">High treason in the United Kingdom</span> Offence under British law

Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's eldest unmarried daughter, or with the wife of the heir to the throne; levying war against the sovereign and adhering to the sovereign's enemies, giving them aid or comfort; and attempting to undermine the lawfully established line of succession. Several other crimes have historically been categorised as high treason, including counterfeiting money and being a Catholic priest.

<span class="mw-page-title-main">Richard Empson</span> English politician (1450–1510)

Sir Richard Empson, minister of Henry VII, was a son of Peter Empson. Educated as a lawyer, he soon attained considerable success in his profession, and in 1491 was a Knight of the shire for Northamptonshire in Parliament, and Speaker of the House of Commons.

<span class="mw-page-title-main">Sir John Fenwick, 3rd Baronet</span> United Kingdom legislation

Sir John Fenwick, 3rd Baronet was an English Army officer and politician. He succeeded to the Fenwick baronetcy after the death of his father, Sir William Fenwick. A supporter of the Jacobite cause, Fenwick was involved in a conspiracy to assassinate William III of England, and was executed by beheading in 1697 as a result.

<span class="mw-page-title-main">House of Plantagenet</span> Angevin royal dynasty that ruled England in the Middle Ages

The House of Plantagenet was a royal house which originated in the French County of Anjou. The name Plantagenet is used by modern historians to identify four distinct royal houses: the Angevins, who were also Counts of Anjou; the main line of the Plantagenets following the loss of Anjou; and the houses of Lancaster and York, the Plantagenets' two cadet branches. The family held the English throne from 1154, with the accession of Henry II, until 1485, when Richard III died.

<span class="mw-page-title-main">Treason Act 1351</span> United Kingdom legislation

The Treason Act 1351 is an Act of the Parliament of England wherethrough, according to William Blackstone, common law treason offences were enumerated and no new offences were, by statute, created. It is one of the earliest English statutes still in force, although it has been very significantly amended. It was extended to Ireland in 1495 and to Scotland in 1708. The Act was passed at Westminster in the Hilary term of 1351, in the 25th year of the reign of Edward III and was entitled "A Declaration which Offences shall be adjudged Treason". It was passed to clarify precisely what was treason, as the definition under common law had been expanded rapidly by the courts until its scope was controversially wide. The Act was last used to prosecute William Joyce in 1945 for collaborating with Germany in World War II.

<span class="mw-page-title-main">Nicholas Vaux, 1st Baron Vaux of Harrowden</span> English soldier and courtier

Nicholas Vaux, 1st Baron Vaux of Harrowden was a soldier and courtier in England and an early member of the House of Commons. He was the son of Lancastrian loyalists Sir William Vaux of Harrowden and Katherine Penyson, a lady of the household of Queen Margaret of Anjou, wife of the Lancastrian king, Henry VI of England. Katherine was a daughter of Gregorio Panizzone of Courticelle, in Piedmont, Italy which was at that time subject to King René of Anjou, father of Queen Margaret of Anjou, as ruler of Provence. He grew up during the years of Yorkist rule and later served under the founder of the Tudor dynasty, Henry VII.

<span class="mw-page-title-main">Correspondence with James the Pretender (High Treason) Act 1701</span> United Kingdom legislation

The Correspondence with James the Pretender Act 1701 was an Act of Parliament of the Parliament of England passed in 1702. The Act—the long title of which was "An Act for the Attainder of the pretended Prince of Wales of High Treason"— was a response to the Jacobite claim to the English and Scottish thrones of James Francis Edward Stuart, who declared himself King James III of England and Ireland and VIII of Scotland upon the death of his father, the exiled James II of England, in September 1701.

Article One of the Georgia State Constitution describes the Georgia Bill of Rights, a set of forty paragraphs which enumerate the Rights of Persons, the Origin and Structure of Government and other General Provisions. The Georgia Bill of Rights was written by Thomas R.R. Cobb under the title Declaration of Fundamental Principals, as part of the Georgia Constitution of 1861 when the State of Georgia seceded from the United States of America and joined the Confederate States of America.

<span class="mw-page-title-main">Royal Assent by Commission Act 1541</span> Former UK law

The Royal Assent by Commission Act 1541 was an Act of the Parliament of England, passed in 1542, which attainted Queen Catherine Howard for adultery, thereby authorising her execution. It also provided that all of Queen Catherine's assets were to be forfeited to the Crown while also creating a new method in which royal assent could be granted to legislation.

<span class="mw-page-title-main">Treason Act 1743</span> United Kingdom legislation

The Treason Act 1743 was an Act of the Parliament of Great Britain which made it high treason to correspond with any of the sons of James Francis Edward Stuart, who claimed to be king of Great Britain and of Ireland. His sons were Charles Edward Stuart and Henry Benedict Stuart.

Richard Roose was accused in early 1531 of poisoning members of the household of the Englishman John Fisher, Bishop of Rochester, for which he was boiled to death. Nothing is known of Roose or his life outside of the case; he may have been Fisher's household cook, or less likely, a friend of the cook, at Fisher's residence in Lambeth.

<span class="mw-page-title-main">Crimes Act of 1790</span> US bill

The Crimes Act of 1790, formally titled An Act for the Punishment of Certain Crimes Against the United States, defined some of the first federal crimes in the United States and expanded on the criminal procedure provisions of the Judiciary Act of 1789. The Crimes Act was a "comprehensive statute defining an impressive variety of federal crimes".

<span class="mw-page-title-main">Corruption of Blood Act 1814</span> United Kingdom legislation

The Corruption of Blood Act 1814 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. The Act was the result of the efforts of the law reformer Sir Samuel Romilly MP, who had failed to pass a similar bill in 1813.

<span class="mw-page-title-main">Attainder of Earl of Kellie and Others Act 1745</span> United Kingdom legislation

The Attainder of Earl of Kellie and Others Act 1745 was a parliamentary response to the failed Jacobite rising of 1745.

References

  1. Lander, J. R. (1961). "I. Attainder and Forfeiture, 1453 to 1509". The Historical Journal. 4 (2): 119–151. doi:10.1017/S0018246X0002313X.
  2. "Attainder, Being Attainted, Attainder Reversed - Luminarium Encyclopedia". Luminarium.org. Retrieved 2012-10-27.
  3. 1 2 3 "Domestic and foreign policy of Henry VII". History.wisc.edu. Archived from the original on 2011-09-27. Retrieved 2012-10-27.
  4. Mike Mahoney. "Kings and Queens of England - Henry VIII". English Monarchs. Retrieved 2012-10-27.
  5. "William III, 1701: An Act for the Attainder of the pretended Prince of Wales of High Treason". British History Online. Retrieved 2018-01-26.
  6. Meacham, Jon (2012). Thomas Jefferson The Art of Power. Random House. ISBN   978-1-4000-6766-4.
  7. U.S. Constitution, Art. I, Sec. 9, ¶ 3.
  8. U.S. Constitution, Art. I, Sec. 10, ¶ 1.
  9. U.S. Constitution, Art. III, Sec. 3, ¶ 2.

External sources