In English criminal law, attainder was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditary titles, but typically also the right to pass them on to one's heirs. Both men and women condemned of capital crimes could be attainted.
Attainder by confession resulted from a guilty plea at the bar before judges or before the coroner in sanctuary. Attainder by verdict resulted from conviction by jury. Attainder by process resulted from a legislative act outlawing a fugitive. The last form is obsolete in England (and prohibited in the United States), and the other forms have been abolished.
Medieval and Renaissance English monarchs used acts of attainder to deprive nobles of their lands and often their lives. Once attainted, the descendants of the noble could no longer inherit his lands or income. Attainder essentially amounted to the legal death of the attainted's family.
Monarchs typically used attainders against political enemies and those who posed potential threats to the king's position and security. The attainder eliminated any advantage the noble would have in a court of law; nobles were exempt from many of the techniques used to try commoners, including torture. Likewise, in many cases of attainder, the king could coerce the parliament into approving the attainder and there would be a lower or non-existent burden of proof (evidence) than there would be in court.
Prior to the Tudors, most rulers reversed their attainders in return for promises of loyalty. For example, Henry VI reversed all 21 attainders, Edward IV 86 of 120, and Richard III 99 of 100. However, this changed with Henry VII, as described below.
Regnants who used attainder include:
Margaret of Anjou: her attainder of Richard of York led him to invade England and attempt to seize the throne after the Battle of Northampton, which led to the penultimate phases of the War of the Roses.
This page is automatically generated and may contain information that is not correct, complete, up-to-date, or relevant to your search query. The same applies to every other page on this website. Please make sure to verify the information with EPFL's official sources.
A bill of attainder (also known as an act of attainder or writ of attainder or bill of penalties) is an act of a legislature declaring a person, or a group of people, guilty of some crime, and punishing them, often without a trial. As with attainder resulting from the normal judicial process, the effect of such a bill is to nullify the targeted person's civil rights, most notably the right to own property (and thus pass it on to heirs), the right to a title of nobility, and, in at least the original usage, the right to life itself.
The Wars of the Roses (1455–1487), known at the time and for more than a century after as the Civil Wars, were a series of civil wars fought over control of the English throne in the mid- to late fifteenth century. These wars were fought between supporters of two rival cadet branches of the royal House of Plantagenet: Lancaster and York. The wars extinguished the last male line of the house of Lancaster in 1471, leading to the Tudor family inheriting the Lancastrian claim to the throne.
Richard III (2 October 1452 - 22 August 1485) was King of England from 26 June 1483 until his death in 1485. He was the last king of the Plantagenet dynasty and its cadet branch the House of York. His defeat and death at the Battle of Bosworth Field, the last decisive battle of the Wars of the Roses, marked the end of the Middle Ages in England. Richard was created Duke of Gloucester in 1461 after the accession of his brother King Edward IV.