Attainder
Transcripts:
Attainder:
Homonyms are fun….to be attained is a pretty bad thing, having attained something on the other hand is usually an accomplishment. English is fun like that. Attainders were a special method for a ruler to deprive a treasonous or supposedly treasonous individual of his or her property. If you’ve watch ‘The Tudors’ any of the various films and TV shows based on Philippa Greggory’s works or even Wolf Hall you will have heard the phrase ‘attained for treason’. Attainders would deprive the attained individual of their property and titles and prevent their heirs from inheriting said property or titles. Prior to Henry VII of England attainments were more of a tool of the ruler, and not completely followed through on. These are specific to common law countries.
Attainders allowed the ruler to treat a noble as though they were a commoner. Nobles were historically exempt from torture. Today we theoretically don’t use torture, but in the medieval period it was accepted practice. Not being able to torture a disloyal noble put the ruler at a disadvantage. What if that noble was fomenting rebellion? Attainders also allowed the king a work around of the law. By not requiring a trial to be used. They also have one other features which kings were a fan of, they took the property of the one who was attained, and prevented their heirs of that individual from inheriting the property.
In most modern criminal cases children aren’t held guilty for the acts of their parents or grandparents, but this hasn’t always been the case. By attaining the (usually) treasonous lord a king could prevent his son from inheriting. Think back to Hugh Despensers (both elder and younger) who were technically acting on behalf of their king, Edward II, when they were executed by Isabella and Roger Mortimer in the name of their king, Edward III. The younger Hugh’s son, Hugh (is he Hugh Despenser the youngest), was only allowed to inherit his father’s barony, not his earldom. If a king still wanted the accused son to inherit the king could use the return of titles and properties as a bit of political theatre. In this case think back to Roger Mortimer, he was attained, and his son didn’t get back the family titles and lands, but his grandson did. In this case the king didn’t even recreate the title, Roger’s grandson, Roger, was the 2nd Earl of March a restored title. As you’ll hopefully remember the Mortimers eventually married into the royal family with the marriage of Philippa of Clarence, Lionel of Antwerp’s daughter, to Edmund Mortimer, the great grandson of attainted Roger Mortimer. Talk about rehabilitation.
Now, sometimes the king doesn’t get to follow through on his attainment plans. Thomas Howard, the 3rd Duke of Norfolk, was attained in 1547, along with his son, Henry Howard. Both were ordered to be executed, Henry lost his head on the 19th of January 1547. Thomas’ execution was planned for the 28th of January, but he had a bit of luck on his side, Henry VIII died that day, and because this was an absolute monarchy Thomas escaped execution.
Thankfully most common-law countries have done away with executions in general, and many have specific laws that prevent attainders from being issued. The Australian High Court, the Canadian Parliament, and the US Constitution and Supreme Court have all made it clear the attainders will not fly in those countries. While it could still be used in theory in the UK it hasn’t been used in practice since the late 1700s. The last person I can find to be attained was Lord Edward Fitzgerald in 1798. Lord Fitzgerald was an Irish lord who fought the British during the American revolution and campaigned for an independent Ireland. He was arrested for insurrection and leading the Irish Rebellion of 1798. His attainder was overturned after his death.
https://www.britannica.com/topic/attainder
https://constitution.congress.gov/browse/essay/artI-S9-C3-1/ALDE_00013186/
https://archive.org/details/citizenlordlifeo00till
