Bills of attainder in the context of "History of England"

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⭐ Core Definition: Bills of attainder

A bill of attainder (also known as an act of attainder, writ of attainder, or bill of pains and penalties) is an act of a legislature declaring a person, or a group of people, guilty of some crime, and providing for a punishment, 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.

In the history of England, the word "attainder" refers to people who were declared "attainted", meaning that their civil rights were nullified: they could no longer own property or pass property to their family by will or testament. Attainted people would normally be put to death, with the property left behind escheated to the Crown or lord rather than being inherited by family. The first use of a bill of attainder was in 1321 against Hugh le Despenser, 1st Earl of Winchester and his son Hugh Despenser the Younger, Earl of Gloucester, who were both attainted for supporting King Edward II. Bills of attainder passed in Parliament by Henry VIII on 29 January 1542 resulted in the executions of a number of notable historical figures.

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Bills of attainder in the context of Henry VIII

Henry VIII (28 June 1491 – 28 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry was a dominant and forceful monarch. He is also known for his six marriages and his efforts to have his first marriage, to Catherine of Aragon, annulled. His disagreement with Pope Clement VII about such an annulment led Henry to initiate the English Reformation, separating the Church of England from papal authority. He appointed himself Supreme Head of the Church of England and dissolved convents and monasteries, for which he was excommunicated by the pope.

Born in Greenwich, Henry brought radical changes to the Constitution of England, expanding royal power and ushering in the theory of the divine right of kings in opposition to papal supremacy. He frequently used charges of treason and heresy to quell dissent, and those accused were often executed without a formal trial using bills of attainder. He achieved many of his political aims through his chief ministers, some of whom were banished or executed when they fell out of his favour. Thomas Wolsey, Thomas More, Thomas Cromwell, and Thomas Cranmer all figured prominently in his administration.

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Bills of attainder in the context of Special law

In the United States, special legislation is legislation that targets an individual or a small, identifiable group for treatment that does not apply to all the members of a given class. The expression "special legislation" is legal term of art. A statute is often called special legislation when it targets a named person, but the term can also be applied to legislation that singles out an association or corporation. Although a prototypical special law applies only to a single particular person or entity, legislation is often considered special when it applies to a small group of people or other entities.

Special legislation can be used to place burdens on or grant benefits to identifiable individuals. During the Confederation Period, bills of attainder, the most well-known type of special legislation, were enacted by state legislatures to punish individuals suspected, but neither charged nor convicted, of a crime. Special legislation was also used during that period to grant benefits to identifiable individuals, including monopoly rights and exemptions from generally applicable laws.

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