Thursday, May 2, 2013

The Fallout From Being Executed

William And Mary Repealed The Attainder Posted by MaryCriswell The Repeal of Alice Lisle's Attainder.

The problem with attainders was that they legally caused the person concerned to be a non-person, ripe for execution and, effectively, any children to be illegitimate and inherit nothing of their parent's possessions or honours.

So it was always in the descendants interests to have any attainder repealed. In the case of Alice Lisle, this was achieved by her daughters and the principal documents are transcribed below. But in the case of the even greater injustice done on Margaret Poole, Countess of Salisbury, no-one dared make any appeal and the attainder (probably) still stands.

There are two documents, the prayer to Parliament and the resulting Act: The Prayer Veneris, 24 die Maii 1 Williemi et MariaePrayers Lisle Cliam on Lord JeffreyesA petition of Anne Harfeild, Mary Browne amd Mabella Lisle, Daughters of the Lady Lisle, beheaded at Winchester was read;
setting forth. That their mother, 1 Jac. upon the Duke of Monmouth’s Defeat, was seized on by a troop of horse; her House plundered, and Goods and Chattels taken from her, to some Thousands of
Pounds Value; and afterwards she was imprisoned indicted at Winchester, for harbouring one John Hicks, Clerk, as knowing him a Traitor, though at that time not indicted or convicted of any such
Crime; and by Verdict injuriously extorted by the late Lord Jeffryes she was attainted, convicted and executed for High Treason; whereby the Petitioners were left destitute of their Fortune, and
forced to subsist on the Charity of ther relations; all the Real estate being entailed on the son, being Five Hundred Pounds per Annum: And praying the Consideration of the House; and to order
the petitioners what they should think suitable to their Necessities, out of the Lord Jeffreyes’ Estate.

Order 1. That the said Petition do lie on the Table.The ActMarginal Note: Bill of Attainder in House of Lords William R I doe allowe of the bringing in this bill  Primo Gulielmo & Mariae, A.D. 1689
An Act for annulling and making void the attaidner of Alicia Lisle Widdowe Whereas Alicia Lisle widdowe in the month of August in the žrst year of the Reigne of the late king James the Second att a session of Oyer and Terminer and Gaol delivery holden for the county of Southampton at the City of Winchester in the said county By an irregular and undue prosecution was indicted for entertaining
concealing and comforting John Hicks Clerk a false traitor knowing him to be such though the said John Hicks was not att the trial of the said Alicia Lisle attained or convicted of any such crime And
by a verdict injuriously extorted and procured by the menaces and violence, and other illegal practices of George Lord Jeffreyes baron of Wem then Lord Chief Justice of the King’s-bench and
chief commissioner of Oyer and Terminer and gaol delivery within the said within the said county was convicted attainted and executed for High Treason May it therefore please your most
excellent Majestyes at the humble Petition of Triphena Lloyd and Bridget Usher Daughters of the said Alicia Lisle That it be declared and enacted by the Authority of this present Parliament
And be it enacted by the King and Queens most excellent Majestys by and with the advice and consent of the Lords Spirituall and Temporall and Comons in this present Parliament
assembled and by the authoirty of the same that the said Conviction Judgement and Attainder of the said Alicia Lisle bee and are hereby repealed reversed made and declared null and void to all intents constructions and purposes whatsoever As if no such conviction Judgement or Attainder had ever been had or made And that no corruption of blood or other penalty or forfeiture of Honours Dignityes lands goods or chattels bee by the said conviction or attainder incurred Any laws usage of custome to the contrary notwithstanding.

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