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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 So it was always in the descendants interests to have any attainder repealed.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 Mariae
Lisle Cliam
on Lord
A 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 Act

Marginal 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
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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