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Updated: June 27, 2025
The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State.
In short, if we take a survey of the transactions of this memorable parliament during the first period of its operations, we shall find that, excepting Strafford's attainder, which was a complication of cruel iniquity, their merits in other respects so much outweigh their mistakes, as to entitle them to praise, from all lovers of liberty.
The attainder of the late Earl of Desmond, and the living Viscount of Baltinglass, in arms with the O'Byrnes in Glenmalure, are the only measures of consequence to be found among the Irish statutes of the 27th and 28th of Elizabeth. But though not remarkable for its legislation, the Parliament of 1585 is conspicuously so for its composition.
He dictated forthwith a proclamation which was read next morning at Edinburgh Market Cross commanding that the nobles who had assembled in Edinburgh to compose the Parliament that was to pass the Bill of Attainder should quit the city within three hours, under pain of treason and forfeiture.
But he was morally guilty of so many murders that, if there had been no other way of reaching his life, a retrospective Act of Attainder would have been clamorously demanded by the whole nation.
After a few caustic remarks upon the absurdity of the defects imputed to him, such as ignorance that Parliament could pass Bills of Attainder, because he had said that the House of Lords would not pass one in a particular case, he came to close quarters with the imputation of bad faith.
By the 3d art., 3d sec., “The Congress shall have power to declare the punishment of treason, but no attainder shall work a corruption of blood or forfeiture, except during the life of the person attainted.” By 1st art., 9th sec., 3d clause, “No bill of attainder or ex post facto law shall be passed.”
The king did not entirely give up the hope of saving his friend, even after the bill of attainder was signed. He addressed the following message to the House of Lords.
Together with that of the attainder of this nobleman, another bill was passed by the king, of almost as fatal consequences to him and the kingdom as that was to the earl, "the act for perpetual parliament," as it is since called. Thus Parliament could not be adjourned, prorogued, or dissolved, without its consent.
In 1326 an act was passed for reversing the attainder of Earl Thomas in favor of his brother Henry, earl of Lancaster. Earl Henry left a son and six daughters. The son was surnamed "Grismond," from the place of his birth. He greatly distinguished himself in the French wars under Edward III., and was the second knight companion of the Order of the Garter, Edward "the Black Prince" being the first.
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