In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime. It entailed losing not only one's life and hereditary titles, but 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 Attainder by process resulted from a legislative act outlawing a fugitive; the last form is obsolete in England, the other forms have been abolished. Medieval and Renaissance English monarchs used acts of attainder to deprive nobles of their lands and their lives. Once attainted, the descendants of the noble could no longer inherit his income. Attainder amounted to the legal death of the attainted's family. Monarchs used attainders against political enemies and those who posed potential threats to the king's position and security.
The attainder eliminated any advantage. 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 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, Richard III 99 of 100. However, this changed with Henry VII. Regnants who used attainder include: Margaret of Anjou: her attainder of Richard of York compelled 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. Edward IV of England: used attainder after killing his brother, George Plantagenet, Duke of Clarence for high treason; this allowed Richard III of England to seize the throne when he claimed that Edward IV's sons were illegitimate. Henry VII: attainted men after he ascended the throne, he used the threat of attainder as a means to keep the few nobles who survived the War of the Roses in line.
However, he would penalize them with exorbitant fees and fines, or force them to have bonds which would be forfeit unless they exhibited good behaviour Henry VII attainted 138 men, of whom he reversed only 46 attainders, some of these were conditional. Henry VIII: compelled parliament to attaint many nobles during his lifetime, including magnates with major land holdings, any magnates whom he came to mistrust. Examples include: Anne Boleyn: Before her execution, she was stripped of her title, her marriage was annulled. Catherine Howard: Henry VIII had an Act of Attainder passed against Catherine Howard, which made it treason for a woman with an unchaste reputation to marry the king. Edward Stafford, Duke of Buckingham, one of the wealthiest magnates in England, whom Henry had executed on flimsy charges in 1521. Margaret Pole, Countess of Salisbury: One of the last surviving noble Plantagenets of senior line. Henry Howard, Earl of Surrey: The poet son of Thomas Howard, 3rd Duke of Norfolk. Charles I: subsequent to the failed impeachment of his former Lord Deputy of Ireland, Sir Thomas Wentworth, 1st Earl of Strafford, was attainted during the political crisis of 1640 -1641.
The Bill of Attainder, having passed the depleted House of Commons and House of Lords, was enacted by Charles I as a concession to his political opponents. During his reign, the Long Parliament of 1641 passed an Act of Attainder against William Laud, Archbishop of Canterbury, beheaded in 1645. Charles II: Although deceased by the time of the Restoration, the regicides John Bradshaw, Oliver Cromwell, Henry Ireton and Thomas Pride were served with a Bill of Attainder on 15 May 1660 backdated to 1 January 1649. William III: James, III and VIII, the Old Pretender, 1702 George II of Great Britain, following the Jacobite rising of 1745: Attainder of Earl of Kellie and others Act 1746Once attainted, nobles were considered commoners, as such, could be subjected to the same treatments, including torture and methods of execution. For example, commoners could be burned at the stake. Nobles would refer to the act of being attainted as the person's "destruction". In the Westminster system, a bill of attainder is a bill passed by Parliament to attaint persons who are accused of high treason, or, in rare cases, a lesser crime.
A person attainted need not have been convicted of treason in a court of law. A rumour circulated that a bill of attainder against Thomas Jefferson occurred in 1774 because of his authorship of A Summary View of the Rights of British America. A bill of attainder was last passed in Britain against Lord Edward FitzGerald. Attainders by confession and process were abolished in the United Kingdom by the Forfeiture Act 1870. Section 9 of Article One of the United States Constitution provides that no bill of attainder or ex post facto law shall be passed by Congress; the following section forbids states from passing them. Corruption of blood is one of the consequences of attainder; the descendants of an attainted person could not inherit either from the attainted person or from their other relatives through him. For example, if a person is executed for a crime leaving innocent children, the
Alexander Montgomerie, 10th Earl of Eglinton
Alexander Montgomerie, 10th Earl of Eglinton, was a Scottish peer. Eglinton was the son of the 9th Earl of Eglinton, his mother and third wife of the 9th Earl was Susanna Montgomery, Countess of Eglinton the renowned society beauty. He was the Grand Master Mason of the Grand Lodge of Scotland from 1750-51. Alexander planned and built the conservation village of Eaglesham, Scotland in 1769 around the basic plan of a capital'A'; the Earl introduced the young James Boswell to the joys of London society in the early 1760s, figures prominently in Boswells London Journal, 1762-63. The Earl was shot on the beach near his own estate of Ardrossan by an excise officer or Gaudger named Mungo Campbell on 24 October 1769 following a dispute about the latter's right to bear arms on the Earl's grounds; the Earl died from his abdominal wounds. Late that evening. Campbell was died by his own hand before the sentence could be carried out. Alexander Montgomerie at James Boswell - a Guide
John Erskine, Earl of Mar (1675–1732)
John Erskine, Earl of Mar, KT was a Scottish Jacobite, the eldest son of Charles, Earl of Mar, from whom he inherited estates that were loaded with debt. He was the 23rd Earl of Mar in the first creation of the earldom, he was the sixth earl in the seventh creation.. He was nicknamed "Bobbing John", for his tendency to shift back and forth from faction to faction, whether from Tory to Whig or Hanoverian to Jacobite. Deprived of office by the new king in 1714, Mar raised the standard of rebellion against the Hanoverians. At Fetteresso his cause was lost, Mar fled to France, where he would spend the remainder of his life; the parliament passed a Writ of Attainder for treason against Mar in 1716 as punishment for his disloyalty, not lifted until 1824. He died in 1732. In the early 18th century Mar was associated with a party favourable to the government, was one of the Commissioners for the Union, was made a Scottish Secretary of State. In 1713 Mar was made by the Tories a British Secretary of State, but he seems to have been ready to side with the Whigs, in 1714 he assured the new King, George I, of his loyalty.
However, like other Tories, he was deprived of his office, in August 1715 he went in disguise to Scotland and placed himself at the head of the Jacobite adherents of James Edward, the Old Pretender. Meeting many Highland chieftains at Aboyne, Mar avowed an earnest desire for the independence of Scotland. At Braemar on 6 September 1715, he proclaimed James VIII King of Scotland, England and Ireland, thus beginning the Jacobite rising of 1715; the forces under his command were augmented, but as a general he was a failure. Precious time was wasted at Perth, a feigned attack on Stirling was without result, he could give little assistance to the English Jacobites. At Sheriffmuir, where a battle was fought in November 1715, Mar's forces outnumbered those of his opponent, the Duke of Argyll; the battle was a draw. However, Mar's indecisiveness meant that the aftermath of the battle was strategically a decisive defeat for the Jacobites. Mar met the Pretender at Fetteresso; the Parliament of Great Britain passed a Writ of Attainder for treason against Mar in 1716 as punishment for his disloyalty.
Mar sought to interest foreign powers in the cause of the Stuarts. In 1721 he accepted a pension of £3500 a year from George I, in the following year his name was mentioned in connection with the trial of Bishop Atterbury, who, it was asserted, had been betrayed by Mar; this charge may be summarised as not proven. At the best his conduct was imprudent, so in 1724 the Pretender broke with Mar, his years were spent in Paris and at Aix-la-Chapelle, where he died in 1732. Mar first married Lady Margaret Hay on 6 April 1703, daughter of 7th Earl of Kinnoull, she bore him a son, Thomas, in 1705. Lady Margaret died four years on 26 April 1707. Mar married for his second wife Lady Frances Pierrepont, daughter of Evelyn Pierrepont, 1st Duke of Kingston-upon-Hull; the match was excellent, as it provided Mar with the funds to begin to clear his inherited debts. Lady Frances went mad in 1728 due to the stress of his exile in France, she outlived Mar by 35 years, dying on 4 March 1767. Through his marriage to Lady Frances Pierrepont, Mar was a brother-in-law of Lady Mary Wortley Montagu.
Mar's brother James Erskine, Lord Grange was a noted judge. Mar's son Thomas Erskine, Lord Erskine served as Grand Master of the Grand Lodge of Scotland; the progressive rock band Genesis wrote a song, "Eleventh Earl of Mar", about Mar and the 1715 Jacobite rising. The lyrics were written by Mike Rutherford, who explains "I had this idea after reading this history book about a failed Scottish rising. I liked the idea of him -- he was a bit gay, a bit camp, a bit well-dressed." He was mentioned in a contemporary folk song "Cam Ye O'er Frae France", recorded by British folk rock band Steeleye Span. He was mentioned in the Starz original series, Outlander season two, episode two; the Alloa branch of Wetherspoons is named'The Bobbing John'. Maurice Bruce,'The Duke of Mar in Exile, 1716-32', Transactions of the Royal Historical Society, 4th Series, Vol. 20, pp. 61-82 "Archival material relating to John Erskine, Earl of Mar". UK National Archives
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts created a new unified Kingdom of Great Britain and dissolved the separate English and Scottish parliaments in favour of a single parliament, located in the former home of the English parliament in the Palace of Westminster, near the City of London; this lasted nearly a century, until the Acts of Union 1800 merged the separate British and Irish Parliaments into a single Parliament of the United Kingdom with effect from 1 January 1801. Following the Treaty of Union in 1706, Acts of Union ratifying the Treaty were passed in both the Parliament of England and the Parliament of Scotland, which created a new Kingdom of Great Britain; the Acts dissolved both parliaments, replacing them with a new parliament, referred to as the'Parliament of Great Britain', based in the home of the former English parliament. All of the traditions and standing orders of the English parliament were retained, as were the incumbent officers, members representing England comprised the overwhelming majority of the new body.
It was not considered necessary to hold a new general election. While Scots law and Scottish legislation remained separate, new legislation was thereafter to be enacted by the new parliament. After the Hanoverian King George I ascended the British throne in 1714 through the Act of Settlement of 1701, real power continued to shift away from the monarchy. George was a German ruler, spoke poor English, remained interested in governing his dominions in continental Europe rather than in Britain, he thus entrusted power to a group of his ministers, the foremost of whom was Sir Robert Walpole, by the end of his reign in 1727 the position of the ministers — who had to rely on Parliament for support — was cemented. George I's successor, his son George II, continued to follow through with his father's domestic policies and made little effort to re-establish monarchical control over the government, now in firm control by Parliament. By the end of the 18th century the monarch still had considerable influence over Parliament, dominated by the English aristocracy, by means of patronage, but had ceased to exert direct power: for instance, the last occasion on which the Royal Assent was withheld was in 1708 by Queen Anne.
At general elections the vote was restricted to freeholders and landowners, in constituencies that had changed little since the Middle Ages, so that in many "rotten" and "pocket" boroughs seats could be bought, while major cities remained unrepresented, except by the Knights of the Shire representing whole counties. Reformers and Radicals sought parliamentary reform, but as the French Revolutionary Wars developed the British government became repressive against dissent and progress towards reform was stalled. George II's successor, George III, sought to restore royal supremacy and absolute monarchy, but by the end of his reign the position of the king's ministers — who discovered that they needed the support of Parliament to enact any major changes — had become central to the role of British governance, would remain so after. During the first half of George III's reign, the monarch still had considerable influence over Parliament, which itself was dominated by the patronage and influence of the English nobility.
Most candidates for the House of Commons were identified as Whigs or Tories, but once elected they formed shifting coalitions of interests rather than dividing along clear party lines. At general elections the vote was restricted in most places to property owners, in constituencies which were out of date and did not reflect the growing importance of manufacturing towns or shifts of population, so that in the rotten and pocket boroughs seats in parliament could be bought from the rich landowners who controlled them, while major cities remained unrepresented. Reformers like William Beckford and Radicals beginning with John Wilkes called for reform of the system. In 1780, a draft programme of reform was drawn up by Charles James Fox and Thomas Brand Hollis and put forward by a sub-committee of the electors of Westminster; this included calls for the six points adopted by the Chartists. The American Revolutionary War ended in the defeat of a foreign policy seeking to forcibly restore the thirteen American colonies to British rule which King George III had fervently advocated, in March 1782 the king was forced to appoint an administration led by his opponents which sought to curb royal patronage.
In November 1783 he took the opportunity to use his influence in the House of Lords to defeat a bill to reform the British East India Company, dismissed the government of the day, appointed William Pitt the Younger to form a new government. Pitt had called for Parliament to begin to reform itself, but he did not press for long for reforms the king did not like. Proposals Pitt made in April 1785 to redistribute seats from the "rotten boroughs" to London and the counties were defeated in the House of Commons by 248 votes to 174. In the wake of the French Revolution of 1789, Radical organisations such as the London Corresponding Society sprang up to press for parliamentary reform, but as the French Revolutionary Wars developed the government took extensive repressive measures against feared domestic unrest aping the democratic and egalitarian ideals of the French Revolution and progress toward reform was stalled for decades. In 1801, the Parliament of the United Kingdom was created when the Kingdom of Great Britain was merged with the Kingdom of Ireland to become the United Kingdom of Great Britain and Ireland under the Acts of Union 1800.
List of Acts of the Parliament of Great Britain List of Parliaments of Great Britain First Parliament of Great Br
James Erskine, Lord Grange
James Erskine, Lord Grange was a Scottish advocate and politician. He served as a Lord of Justiciary; the son of Charles Erskine, Earl of Mar, by his spouse Lady Mary, eldest daughter of George Maule, 2nd Earl of Panmure, he was brother of John Erskine, 6th Earl of Mar. Educated as an advocate, he was raised to the bench on 18 October 1706, he was nominated a Lord of Justiciary in place of Lord Crocerig on 6 June the same year, took the title Lord Grange. On 27 July 1710 he succeeded Adam Cockburn of Ormiston as Lord Justice Clerk, he took no part in the Jacobite rising of 1715, although there is little doubt that at times he was in communication with the Jacobites. In 1724 he, David Erskine, Lord Dun purchased the forfeited Earldom of Mar from the government, which they promptly reorganised, sold off, he is more famous, owing to the story of his wife's disappearance. This lady, Rachel Chiesley, was a woman of disordered intellect. In January 1732 she was conveyed with great secrecy from Edinburgh to the Monach Islands for two years, thence Hirta in St Kilda, where she remained for about ten years, thence she was taken to Assynt in Sutherland, to Skye.
To complete the idea that she was dead her funeral was publicly celebrated, but she survived until May 1745. Meanwhile, in 1734 Grange resigned his offices in the Court of Session and Justiciary, became a Member of Parliament where he was a bitter opponent of Sir Robert Walpole, his objective of being appointed Secretary of State for Scotland was a failure. For a short time after leaving parliament he returned to the Bar. Erskine stood in opposition to the Witchcraft Act 1735, which made it a crime for a person to claim that any human being had magical powers or was guilty of practising witchcraft; the only figure to offer significant opposition to the Act was Erskine. Erskine not only fervently believed in the existence of witchcraft, but, it has been argued held beliefs that were rooted in "Scottish political and religious considerations" and which caused him to reject the Act, his objection to the Act "marked him out as an eccentric verging on the insane" among Members of Parliament, in turn his political opponents would use it against him.
He died in London on 20 January 1754. This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed.. "Mar, John Erskine, 6th or 11th Earl of s.v. James Erskine". Encyclopædia Britannica. 17. Cambridge University Press. Pp. 666–667. Edinburgh Magazine, 1817. An Historical Account of the Senators of the College of Justice of Scotland, by Sir David Dalrymple of Hailes, Bt. with some further editing and additions, Edinburgh, 1849. Davies, Owen. Witchcraft and Culture 1736-1951. Manchester and New York: Manchester University Press. ISBN 978-0-7190-5656-7
Lord George Graham
Lord George Graham was an officer of the Royal Navy who saw service during the Wars of the Quadruple Alliance and Austrian Succession. He embarked on a political career, was a Member of Parliament. Graham was born into the nobility, the younger son of a duke, embarked on a naval career early in his life. Rising through the ranks, he was given his first commands early in the War of the Austrian Succession, served in the Mediterranean and in escorting convoys, he entered parliament through the influence of his father, represented the Scottish constituency of Stirlingshire from 1741 until his death. He was a political supporter of the Duke of Argyll. Turning down the command of a ship of the line in favour of a frigate, Graham won renown for a victory over several powerful privateers and their prizes. Rewarded with a larger ship, he commissioned a painting from William Hogarth to commemorate the event, Captain Lord George Graham in his Cabin, he continued in the navy, intercepting privateers and enemy ships, but was struck down with a severe illness, despite moving ashore, died in 1747.
Lord George Graham was born on 26 September 1715, the son of James Graham, 1st Duke of Montrose, his wife Christian, the daughter of David Carnegie, 3rd Earl of Northesk. He entered the navy at an early age and served at first as a midshipman from 1730, was promoted to lieutenant in 1734, he was given a command in 1739, when he was appointed to the fireship HMS Mercury and sent out to the Mediterranean to join Sir Nicholas Haddock's fleet. He held the command until 15 March 1740, he was appointed to command the 40-gun HMS Lark in 1741 with orders to escort a convoy of merchants bound for Turkey. He does not appear to have held the command long, for by late 1741 Lark was under the command of Captain Rupert Waring, escorting a convoy to the West Indies. Graham combined his naval career with a political one, using the influence of his father, was returned for Stirlingshire as an opposition Whig in 1741, he was one of a number of Scottish MPs who gathered together under John Campbell, 2nd Duke of Argyll to oppose the administration, were known as the Duke of Argyll's gang.
As part of this faction Graham voted against the administration in 1742 and 1744. He spoke out against the decision to court-martial Admiral Thomas Mathews in the spring of 1745, defending him in a vigorous debate over his actions at the inconclusive Battle of Toulon. Graham was appointed to command the 60-gun HMS Cumberland in 1745, but turned it down, preferring an active cruising frigate to a ship of the line, he was instead cruised in the English Channel. While cruising in the Channel off Ostend on 2 July, in company with the 24-gun HMS Sheerness under Captain William Gordon, the armed vessel Ursula under Lieutenant Fergusson, he came across three large privateers from Dunkirk, sailing in company with their prizes; the French privateers were the 28-gun Royal, 26-gun Duchesse de Penthierre, a 12-gun dogger. They had taken seven prizes, were taking them into Dunkirk; the British force attacked them early in the morning of 3 July. After a fierce fight lasting until 4.am, four of the prizes surrendered to the Sheerness, the Royal and Duchesse de Penthierre struck their colours to the Bridgewater, the Ursula captured the remaining three prizes.
The dogger managed to escape. For his success in the engagement, Graham was commended to the First Lord of the Admiralty, John Russell, 4th Duke of Bedford, was given command of a larger ship, the 60-gun HMS Nottingham. Shortly after the engagement Graham commissioned William Hogarth to paint as a conversation picture a cabin portrait to celebrate his victory using the cabin of the Nottingham as a setting. Hogarth painted Graham smoking his pipe in his cabin before dinner, while listening to pipe and tabor music played by his black servant, while his chaplain and clerk sing. Two dogs are visible, one is Graham's own; the other is Trump, Hogarth's dog, shown wearing Graham's wig, holding a scroll, reading from a sheet of music propped against a wine glass. A steward, holding a plate of fowl, looks out of the painting at the viewer with a smile, drops gravy down the back of the chaplain's neck; the painting has several social allusions in Hogarth's satirical style. Cabin scenes in oil are rare, Hogarth's is considered by the current owner, the National Maritime Museum, to be the most famous in British art.
The Nottingham was attached to the fleet in the Downs under Admiral Edward Vernon that winter, cruised with a squadron in the Bay of Biscay the following year. Some of Graham's actions included the capture of the privateer Hermine on 29 September 1746, the sinking of the privateer Bacchus, he was deployed off the north of Scotland in April 1746 to intercept any French vessels that might attempt to rescue survivors of the failed Jacobite rising, so missed the political debates in parliament that month, though he was classed as a "new ally". Graham appears to have been taken ill during his time at sea, he went ashore at Bristol, his brother, William Graham, 2nd Duke of Montrose came to meet him there in October, but Lord George Graham's health declined further, he died at Bath on 2 January 1747. John Charnock concluded his biography of Graham with the observation that "from a multitude of concurrent testimonies he appears to have been an officer that attained a great share of popularity, was indeed deservedly, the idol of all seamen who knew him, as well on the account of the high opinion entertained of his gallantry, of an invincible fund of good humour, which latter quality conciliated the affections of men in the sa
Stirlingshire (UK Parliament constituency)
Stirlingshire was a county constituency of the House of Commons of the Parliament of Great Britain and of the Parliament of the United Kingdom from 1708 until 1918. It elected one Member of Parliament by the first past the post voting system. For the 1918 general election it was divided into Clackmannan and Eastern Stirlingshire and Stirling and Clackmannan Western; the British parliamentary constituency was created in 1708 following the Acts of Union, 1707 and replaced the former Parliament of Scotland shire constituency of Stirlingshire. Forbes' death caused a by-election. Blackburn was appointed a Lord Commissioner of the Treasury. General Election 1914/15: Another General Election was required to take place before the end of 1915; the political parties had been making preparations for an election to take place and by the July 1914, the following candidates had been selected.