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Updated: May 27, 2025
The prohibitions of power by the Constitution to the States are express prohibitions, as that no State shall enter into any treaty, etc., or emit bills of credit, or pass any bill of attainder, etc. The Constitution does not prohibit States from the enactment of laws for the general government of the people within their respective limits.
"That no person shall be deprived of life, liberty, or property without due process of law; that private property shall not be taken for public use without just compensation; that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence; that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted; that no person shall be put twice in jeopardy for the same offence, or be compelled in any criminal case to be a witness against himself; that the right to be secure against unreasonable searches and seizures shall not be violated; that neither slavery nor involuntary servitude shall exist except as a punishment for crime; that no bill of attainder or ex-post-facto law shall be passed; that no law shall be passed abridging the freedom of speech or of the press, or the rights of the people to peaceably assemble and petition the Government for a redress of grievances; that no law shall be made respecting the establishment of religion, or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed."
Hotspur never became Earl of Northumberland, being 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.
The old nobility were almost wiped out by the civil wars; generation after generation, their representatives had either fallen on the battlefield, or lost their heads on the scaffold and their lands by attainder. The new nobility were the creations of the Tudor Kings, lacking the prestige of renowned ancestry and the means of converting retainers into small armies.
The writ of attainder against Fenwick was not, as the vulgar imagined and still imagine, objectionable because it was retrospective. It is always to be remembered that retrospective legislation is bad in principle only when it affects the substantive law. Statutes creating new crimes or increasing the punishment of old crimes ought in no case to be retrospective.
Military Operations in the Netherlands Commercial Crisis in England Financial Crisis Efforts to restore the Currency Distress of the People; their Temper and Conduct Negotiations with France; the Duke of Savoy deserts the Coalition Search for Jacobite Conspirators in England; Sir John Fenwick Capture of Fenwick Fenwick's Confession Return of William to England Meeting of Parliament; State of the Country; Speech of William at the Commencement of the Session Resolutions of the House of Commons Return of Prosperity Effect of the Proceedings of the House of Commons on Foreign Governments Restoration of the Finances Effects of Fenwick's Confession Resignation of Godolphin Feeling of the Whigs about Fenwick William examines Fenwick Disappearance of Goodman Parliamentary Proceedings touching Fenwick's Confession Bill for attainting Fenwick Debates of the Commons on the Bill of Attainder The Bill of Attainder carried up to the Lords Artifices of Monmouth Debates of the Lords on the Bill of Attainder Proceedings against Monmouth Position and Feelings of Shrewsbury The Bill of Attainder passed; Attempts to save Fenwick Fenwick's Execution; Bill for the Regulating of Elections Bill for the Regulation of the Press Bill abolishing the Privileges of Whitefriars and the Savoy Close of the Session; Promotions and Appointments State of Ireland State of Scotland A Session of Parliament at Edinburgh; Act for the Settling of Schools Case of Thomas Aikenhead Military Operations in the Netherlands Terms of Peace offered by France Conduct of Spain; Conduct of the Emperor Congress of Ryswick William opens a distinct Negotiation Meetings of Portland and Boufflers Terms of Peace between France and England settled Difficulties caused by Spain and the Emperor Attempts of James to prevent a general Pacification The Treaty of Ryswick signed; Anxiety in England News of the Peace arrives in England Dismay of the Jacobites General Rejoicing The King's Entry into London The Thanksgiving Day
Behind the houses bordering the north of the Uxbridge Road is a wide expanse of waste land with one or two farms. This part of the Manor of Fulham was leased in 1549 by Bishop Bonner to Edward, Duke of Somerset, under the name of the Manor of Wormholt Barns. Through the attainder of the Duke the Crown eventually obtained possession of it.
These charges were easily construed into treason under the comprehensive interpretation of that term which Thomas Cromwell had introduced. Surrey was sent to the block: his father escaped the same fate merely by the accident that death claimed Henry himself only a few hours after the Act of attainder was passed.
Nor was much information of that sort given to or asked by parliament itself, previous to bills of attainder. The duke of Clarence appears to have been at once a weak, volatile, injudicious, and ambitious man. He had abandoned his brother Edward, had espoused the daughter of Warwick, the great enemy of their house, and had even been declared successor to Henry the Sixth and his son prince Edward.
Treason they feel to be their crime; each individual carter feels himself under the ban of confiscation and attainder; his blood is attainted through six generations; and nothing is wanting but the headsman and his axe, the block and the sawdust, to close up the vista of his horrors.
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