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He was forced to sit dorm, after declaring that he meant only to clear himself from the charge of having exceeded the limits of his professional duty; that he disclaimed all intention of attacking the memory of Lord Russell; and that he should sincerely rejoice at the reversing of the attainder.
She knew that Gerald, after many wanderings, had finally reached Rome, been educated under the care of his kinsman, Cardinal Pole, cherished as a dear son by the reigning Pontiff, had subsequently appeared at the Tuscan court of Cosmo de Medici; that consequently, since his return to Ireland, he might be considered the chief of the Catholic party there, although, to save himself from attainder and hold possession of his immense wealth in Munster, he displayed the greatest reserve in all his actions, appeared to respect the orders of the queen in all things, even in her external policy against the Church; so that if priests were entertained in his castles, it was always by stealth, and they were compelled to lead a life of total retirement.
But when he had seen how well the man carried himself, how simple and unobtrusive were his manners, he called to mind that the Supsorrow McClures were of good blood, and that, though they had taken the Orange and Hanoverian side, they had never grasped at Raincy property during the black days of the attainder, as the Bunny Bunnys and Dalrymples had done on whom be the blackest of Raincy anathemas!
It seems certain, however, that Falkland pleaded against extending the consequences of the Act of Attainder to Strafford's children, and in this he showed himself a true gentleman. Again, in the case of Laud, Mr. Arnold wishes to draw a strong line between the conduct of his favourite and that of the savage "Puritans." He says that Falkland "refused to concur in Laud's impeachment."
Old Roman Law not abrogated suddenly Divorce Adultery Second marriages Engagements Donations between husband and wife Sundry enactments on marriage Inheritance Guardianship Bills of Attainder of Christian Emperors merciless, in contrast to acts of pagan predecessors Sources
'Surely, replied the priest, smiling at the young lawyer's readiness; 'in the eye of those who acknowledge the justice of the attainder but that do not I. However, sir, here is the guarantee look at its contents, and do not again carry the letters of Uriah. Fairford read these words:
But there was no overt act which an attainder could be founded on; and government, contented with suppressing the insurrection of 1715, felt it neither prudent nor safe to push their vengeance further than against those unfortunate gentlemen who actually took up arms. Nor did Sir Everard's apprehensions of personal consequences seem to correspond with the reports spread among his Whig neighbours.
At a later period the Royalists found it convenient to antedate the separation between themselves and their opponents, and to attribute the Act which restrained the King from dissolving or proroguing the Parliament, the Triennial Act, the impeachment of the ministers, and the attainder of Strafford, to the faction which afterwards made war on the King. But no artifice could be more disingenuous.
No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything 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.
Acts of attainder, divorce bills, &c., illustrate the case in England; they are cases of law, modified to meet the case of an individual; and the censor, having a sort of equity jurisdiction, was intrusted with discretionary powers for reviewing, revising, and amending, pro re nata, whatever in the private life of a Roman citizen seemed, to his experienced eye, alien to the simplicity of an austere republic; whatever seemed vicious or capable of becoming vicious, according to their rude notions of political economy; and, generally, whatever touched the interests of the commonwealth, though not falling within the general province of legislation, either because it might appear undignified in its circumstances, or too narrow in its range of operation for a public anxiety, or because considerations of delicacy and prudence might render it unfit for a public scrutiny.
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