March 5, 1549 was the day Thomas Seymour realized his life was over, the day that a parliamentary bill of attainder declared him guilty of 33 counts of treason and sentenced him to death.
Wikipedia gives such a dispassionate description of what the bill of attainder (also referred to as the act of attainder) represents. They call it “an act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial…. Bills of attainder were passed in England between about 1300 and 1800 and resulted in the executions of a number of notable historical figures.”
Luminarium adds more judgment: “[I]n the reign of Henry VIII they were much used, through a subservient parliament, to punish those who had incurred the king’s displeasure; many distinguished victims who could not have been charged with any offence under the existing laws being by this means disposed of.”
Yep. Think of Thomas Cromwell when you read that. Both for starting the widespread use of attainder in the first place as well as for ending up as one of its victims.
Though truth be told, in an age where simply displeasing the sovereign could be construed as treason, most cases simply had no hope of defense even for behavior that was not technically so. After all, for Catherine Howard and Jane Rochford laws were retroactively changed to ensure their deaths (in Catherine’s case, to make it treason for a non-virgin to marry the King; in Rochford’s case, to remove insanity as an impediment to execution).
And we know that a defense makes no difference. Anne Boleyn got a trial and the opportunity to defend herself, but was still unanimously convicted. Her brother, George, put on such a good defense that the wagering favored an acquittal – and was also unanimously convicted. (I believe the only reason they weren’t convicted by act of attainder was to ensure that all doubts were removed from the equation. I see this as the ultimate proof of Anne’s innocence.)
But back to Tom Seymour. In another blog post (here), I describe his crime: breaking into a sleeping Edward VI’s bedchamber in the middle of the night and killing his dog. There really would have been no way to defend that, especially given his erratic and dangerous conduct since the death of Katherine Parr – and the implication that he had killed her. Attainder was merely the convenient approach – convenient, but still relatively thorough, since the bill was passed by the Lords and Commons rather than just the Star Chamber (a small group of noblemen).
Upon the bill’s approval, Tom was stripped of his property and titles. His daughter, Mary, was placed in the care of the Duchess of Suffolk – who didn’t really want her (Mary was penniless but as the daughter of a dowager queen required expensive protocols; that’s another blog post…here, if you’re interested). At this point, Tom’s future was as bare as his Tower cell…