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Updated: June 27, 2025
In the sittings of 1570 and '71, the chief acts were for the erection of free schools, for the preservation of the public records, for establishing an uniform measure in the sale of corn, and for the attainder of the White Knight, deceased.
In the Commons, chosen as they had been in the first moment of revolutionary enthusiasm, the bulk of the members were Whigs, and their first aim was to redress the wrongs which the Whig party had suffered during the last two reigns. The attainder of Lord Russell was reversed. The judgments against Sidney, Cornish, and Alice Lisle were annulled.
I did so while yet the disgrace of an unmerited attainder tingled in my veins; while I was in the full tide of those violent and warm passions which have so often misled me. Myself attainted; the best beloved of my associates in danger; my party deserted, and seemingly lost but for some bold measure such as then offered, these were all that I saw.
Mar lived until 1732, dying at the age of fifty-seven, and he spent the years in losing the confidence of the Jacobites and endeavouring to ingratiate himself with the Hanoverian Kings of England in which latter quest he was markedly unsuccessful. His Scotch estates were confiscated, and his title attained the attainder of the earldom was not reversed until 1824.
No bill of attainder or ex post facto law shall be passed. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. No tax or duty shall be laid on articles exported from any state.
As my uncle's attainder was not reversed for being out with the Pretender in 1745, it would have been inconvenient for him to accompany his nephew to the land of our ancestors; where, if not hanging, at least a tedious process of imprisonment, and a doubtful pardon, would have awaited the good old gentleman.
The chief acts of the sessions of 1614, '15, and '16, beside the grant of four entire subsidies to the Crown, were an act joyfully recognizing the King's title; acts repealing statutes of Elizabeth and Henry VIII., as to distinctions of race; an act repealing the 3 and 4 of Philip and Mary, against "bringing Scots into Ireland," and the acts of attainder against O'Neil, O'Donnell, and O'Doherty.
The material words of that section are: "No State shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts." The object of these most important provisions in the national constitution has often been discussed, both here and elsewhere. It is exhibited with great clearness and force by one of the distinguished persons who framed that instrument.
By merely dropping all the statutes, it should seem that none but clerks would be entitled to this privilege, and that they would, toties quoties. No attainder shall work corruption of blood in any case. In all cases of forfeiture, the widow's dower shall be saved to her, during her title thereto; after which it shall be disposed of as if no such saving had been.
That ambitious nobleman, brother of the Protector, certainly designed, when Catharine died, to marry Elizabeth; an intention which was among the causes of his execution under attainder.
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