II. Bill of Attainder, 1321.

This was a bill (first used apparently in 1321) passed by Parliament,

which might in itself decree sentence of death (SS351, 356).

Originally, the blood of a person held to be convicted of treason or

felony was declared to be *attainted* or corrupted so that his power

to inherit, transmit, or hold property was destroyed. After

Henry VIII's reign the law was modified so as not to work "corruption

of blood" in the case of new felonies. Under the Stuarts, Bills of

Attainder were generally brought only in cases where the Commons

believed that impeachment would fail,--as in the cases of Strafford

and Laud. It should be noticed that in an Impeachment the Commons

bring the accusation, and the Lords act as judges; but that in a Bill

of Attainder the Commons--that is, the accusers--themselves act as

judges, as well as the Lords.

The Leading Facts of English History · 第 718 / 740 题