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Updated: June 27, 2025
"Treason," cut in Sir John Johnson, "was the undoing of a certain noble duke in Queen Anne's time." "You are in error," I said, calmly. "Was James, Duke of Ormond, not impeached by Mr. Stanhope in open Parliament?" shouted Captain McDonald. "The House of Commons," I replied, calmly, "dishonored itself and its traditions by bringing a bill of attainder against the Duke of Ormond.
His eldest son, the earl of Arran, professed an adherence to King James; a usual policy in Scotland, where the father and son, during civil commotions, were often observed to take opposite sides, in order to secure in all events the family from attainder.
Many bore arms in support of the crown, and, by their bravery and exertions, endeavored to secure what they deemed to be the rights of their prince, and their own estates from the effects of the law of attainder. Others left the country; seeking in that place they emphatically called home, an asylum, as they fondly hoped, for a season only, against the confusion and dangers of war.
"We are always glad to explain, madam, any mistake which the rustic people may fall upon about us; and we wish you clearly to conceive that we do not charge your poor husband with any set purpose of robbery, neither will we bring suit for any attainder of his property. Is it not so, Counsellor?" "Without doubt his land is attainted; unless is mercy you forbear, sir." "Counsellor, we will forbear.
Soon after the Convention had been turned into a Parliament, a bill for reversing the attainder of Lord Russell was presented to the peers, was speedily passed by them, was sent down to the Lower House, and was welcomed there with no common signs of emotion. Many of the members had sate in that very chamber with Russell.
The commons passed a bill, appointing him to surrender himself before a certain day, or, in default of it, attainting him. A bill had passed the upper house, mitigating the penalty to banishment; but after some conferences, the peers thought proper to yield to the violence of the commons, and the bill of attainder was carried.
And to him who should slay any one proscribed person, he ordained two talents' reward, even were it a slave who had killed his master, or a son his father. And what was thought most unjust of all, he caused the attainder to pass upon their sons, and sons' sons, and made open sale of all their property.
I received this account and this summons ill in my bed; yet, important as the matter was, a few minutes served to determine me. The circumstances wanting to form a reasonable inducement to engage did not escape me. But the smart of a Bill of Attainder tingled in every vein; and I looked on my party to be under oppression and to call for my assistance.
In his times, and in his position, with a cassock "entangling his course," what more could have been expected of him? The Irish Parliament met in 1715 elected, according to the then usage, for the lifetime of the King commenced its career by an act of attainder against the Pretender, accompanied by a reward of 50,000 pounds for his apprehension.
Many of the chieftains were now arraying their people to follow them to the field upon a summons from their rightful Prince; and even the Duke of Argyle, who had at first attached himself to the Prince of Orange, was wavering in his resolutions, never having been restored to his property and jurisdiction since the attainder and death of his father.
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