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Updated: May 27, 2025
Obada was very ready to accept it; and he announced with such fiery eloquence his determination to give shelter at Fostat to the natives whom the conflagration had left roofless, he was so fair-spoken, and he had shown his great qualities in so clear a light during the past night, that they agreed to postpone their attainder and await the reply from Medina to the complaints they had forwarded.
It was his lot to suffer loss of goods under either king, James II. and William. Under the former he not only lost the rent of his Irish estates, but had his name on the murderous act of attainder to which James, to his great disgrace, attached his signature in 1689. Under the latter he was deprived of his preferment in Oxford, and under a harsher rule might have incurred yet graver penalties.
He was told indeed bluntly that if he did not do Ireland justice not an Irishman would fight for him. It was to strengthen this work by ensuring the legal forfeiture of their lands that three thousand Protestants of name and fortune were massed together in the hugest Bill of Attainder which the world has seen. To the bitter memory of past wrongs was added the fury of religious bigotry.
The great court of last resort decided the test oath, imposed as above mentioned, to be a violation of that provision of the Constitution of the United States which declares, "No State shall pass any bill of attainder, or ex post facto law."
This injunction of the Constitution is as peremptory and as binding as any other; it stands exactly on the same foundation as that clause which provides for the return of fugitives from justice, or that which declares that no bill of attainder or ex post facto law shall be passed, or that which provides for an equality of taxation according to the census, or the clause declaring that all duties shall be uniform throughout the United States, or the important provision that the trial of all crimes shall be by jury.
However, Marshall apparently fails to find entire satisfaction in this argument, for he next turns to the prohibition against bills of attainder and ex post facto laws with a question which manifests disapproval of the decision in Calder vs. Bull. Yet he hesitates to overrule Calder vs.
That the impunity of Dighton, if really guilty, was scandalous; and can only be accounted for on the supposition of His being a false witness to serve Henry's cause against Perkin Warbeck. That the silence of the two archbishops, and Henry's not daring to specify the murder of the princes in the act of attainder against Richard, wears all the appearance of their not having been murdered.
Among them, in addition to much corn were one hundred and five stones of butter, ten dozens of capons, twenty-six dozens of poultry, three hundred and seventy-six more fowl, three hundred and forty loads of peats, etc. Queen Mary granted Melrose and its lands and tithes to Bothwell, but they were forfeited on his attainder.
Next, all the states of the kingdom have attainted Tyrone, the most notorious and dangerous traitor that ever was in Ireland, whereof foreign nations will take notice, because it has been given out that Tyrone had left many friends behind him, and that only the Protestants wished his utter ruin. Besides, this attainder settles the Plantation of Ulster."
The government set up by the victorious rebels had taken away the lands and homes of the loyalists, by acts of attainder, and any who remained in the country did so at the risk of life or liberty. What a time of sad leave-taking it was! families going forth poor to a strange land, who had lived rich in that of their birth what losses, what wrenches, what heart-rendings!
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