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Updated: April 30, 2025
The year 1739 witnessed the revival of the Jacobite Association, which had been annihilated by the attainders and exiles of its members after the last Rebellion.
And Kent, semi-royal though he were, was not a rich man, his family having suffered severely from repeated attainders. "Well if the Duke's Grace would fain pick up ducats even in the mire, mayhap he shall find them as plenty in England as otherwhere. And when the lady is hither, 'twere easy to bid an hunting party, an' your Grace so list. My cousin of Kent loveth good hawking."
When the bill was sent back to the commons, they excepted to the amendment as irregular. They observed that attainders by bill constituted the most rigorous part of the law; and that the stretching of it ought to be avoided. They proposed that the queen should be attainted by a separate bill. The lords assented to the proposal; and the bill against the pretended prince of Wales passed.
Long after the law had taken an almost modern shape, Alice Perrers, the mistress of Edward III, sat on the bench at Westminster and intimidated the judges into deciding for suitors who had secured her services. The chief revenue of the rival factions during the War of the Roses was derived from attainders, indictments for treason, and forfeitures, avowedly partisan.
In the Lords several Protestant noblemen and prelates took their seats, and some Catholic peers of ancient date, whose attainders had been reversed, were seen for the first time in that generation in the front rank of their order.
They were dismissed with the honours of war; they were transported at the government's expense, to fight against the English in foreign countries; an honourable provision was made for the rapparees, who were professed banditti; the Roman catholic interest in Ireland obtained the sanction of regal authority; attainders were overlooked, forfeitures annulled, pardons extended, and laws set aside, in order to effect a pacification.
The second brochure, embracing 120 pages, bears the title: Final notes on Witchcraft in Massachusetts and is a vindication of the laws and liberties concerning attainders with corruptions of Blood, Escheats, forfeitures for crime and pardon of offenders, etc. This is the fifth pamphlet which Dr. Moore has issued on the subject of Witchcraft in Massachusetts, and it concludes the series.
The recusant minority have been heavily censured by our recent historians for consenting to these attainders.
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