Historical Fiction – Kirsten Claiden-Yardley

If you have read all of The Mirror and The Light, you will have noticed that, unlike Anne and George Boleyn (who were put on trial in Bringing up the Bodies), Thomas Cromwell was never tried in court. Instead, an Act of Attainder was passed after which he was, as he put it, legally dead. But what was the Act and why wasn’t he tried?

Acts of Attainder

Acts of Attainder were used in England between the 14th and late-18th centuries. They were a piece of parliamentary legislation that declared an individual(s) guilty of a serious crime, such as treason, and “attainted” them – their lands and titles would be returned to the crown rather than inherited by their heirs. They could be used against people who were already dead, for example an Act of Attainder was passed against Richard III and John Howard, duke of Norfolk who both died at the Battle of Bosworth in 1485. Or, they could be used against a living person, thereby depriving the accused of a trial by a jury of their peers and preventing them from presenting a defence.