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I did so while yet the disgrace of an unmerited attainder tingled in my veins; while I was in the full tide of those violent and warm passions which have so often misled me. Myself attainted; the best beloved of my associates in danger; my party deserted, and seemingly lost but for some bold measure such as then offered, these were all that I saw.
They could be stripped to the waist, tied to a cart, and whipped through town after town, three women were whipped through eleven towns, eighty miles, but afterwards the number was limited to three. Their testimony was invalid, their families attainted, and those who harbored them were fined forty shillings an hour.
The king having been pleased to pardon George Keith, earl-marshal of Scotland, who had been attainted for rebellion in the year one thousand seven hundred and sixteen, the parliament confirmed this indulgence, by passing an act to enable the said George Keith, late earl-marshal, to sue or entertain any action or suit, notwithstanding his attainder, and to remove any disability in him, by reason of the said attainder, to take or inherit any real or personal estate that might or should hereafter descend or come to him, or which he was entitled to in reversion or remainder before his attainder.
"Heed not his rash words, in mercy, heed them not!" exclaimed the countess, her voice of agony contrasting strangely with its former proud reserve. "Neglected, forgotten him as thou hast, yet, Lord of Buchan, he is still thy son. Oh, in mercy, expose him not to the deadly wrath of Edward! thou canst save him, thou canst give him freedom. It is I I who am the attainted traitor, not my child.
An act was passed against all persons who should move the king for restoring the children of those who were attainted by parliament; an unheard-of restraint on applications for grace and mercy. No penalty was affixed; but the act was but the more violent and tyrannical on that account.
It seems that in the days of Richard III. Sir Henry Bodrigan was engaged in a fierce feud with the leaders of the Edgcumbe and Trevanion families, and in the hour of his prosperity he pressed them hardly. When the day of adversity came and he was attainted by the newly crowned Henry Tudor, Bodrigan's enemies turned on him with vindictive zeal.
He has been accused of having murdered Prince Edward after the battle, and also his father, Henry VI., in the Tower a few days later, but it is not known to be a fact. Richard was attainted and outlawed by Parliament at one time; but he was careful about what he ate, and didn't get his feet wet, so, at last, having a good preamble and constitution, he pulled through.
He had been attainted for non-appearance, and condemned for high treason at the same time as had been his brother-in-law, Sir Robert Barclay, and had ever since been with him doing his duty in the boat and in command of the men, when Sir Robert's services or attendance were required at St. Germains. No one could be better adapted for the service he was to be employed upon.
And the Heathen that believed, that Saturn was deposed by his son Jupiter, believed neverthelesse the same Jupiter to be the avenger of Injustice: Somewhat like to a piece of Law in Cokes Commentaries on Litleton; where he sayes, If the right Heire of the Crown be attainted of Treason; yet the Crown shall descend to him, and Eo Instante the Atteynder be voyd; From which instances a man will be very prone to inferre; that when the Heire apparent of a Kingdome, shall kill him that is in possession, though his father; you may call it Injustice, or by what other name you will; yet it can never be against Reason, seeing all the voluntary actions of men tend to the benefit of themselves; and those actions are most Reasonable, that conduce most to their ends.
And you here, Colonel Butler and will you Not follow me? Well, then, remain more faithful To your new lord, than you have proved yourself To the emperor. Come, Butler! promise me. Give me your hand upon it, that you'll be The guardian of his life, its shield, its watchman. He is attainted, and his princely head Fair booty for each slave that trades in murder.
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