English Legal History and its Materials

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RefugeeProperty 13 - 24 Dec 2008 - Main.BeckyPrebble
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Political Refugees' Property

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 Jennifer Loach's discussion of the Parliament of 1555 describes at pages 138-142 a bill introduced by Mary that would have allowed the property of refugees to be confiscated. The bill was defeated in the House of Commons, however. According to Loach's description, the Duchess herself was the major target of the bill (although the bill itself seems to have been lost, the Duchess is mentioned by name in the Journal of the House of Commons). The bill's defeat meant that it could not have been used as a mechanism for confiscating the Duchess's lands, but the fact that it was introduced in the first place shows that she was justifiably afraid of this kind of measure being taken.
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Interestingly, two biographies of Katherine Willoughby report that when Katherine and Bartie returned to England, Elizabeth restored their lands to them, after their confiscation by Mary. The biographies are Lady Georgina Bartie's Five Generations of a Loyal House, at page 36, and Evelyn Read's My Lady Suffolk, at page 139. These statements suggest that despite the defeat of the bill targeting refugee property, Mary nevertheless found a way to confiscate the Duchess's property. Jennifer Loach, at page 142, suggests that the bill might not have been the only legal means by which refugee property could be confiscated, and that its purpose was rather to ensure certainty. It is possible that after the failure of the bill Mary decided that the appearance of legality was not so important that it would prevent her from confiscating the Duchess's land.
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Interestingly, two biographies of Katherine Willoughby report that when Katherine and Bartie returned to England, Elizabeth restored their lands to them, after their confiscation by Mary. The biographies are Lady Georgina Bartie's Five Generations of a Loyal House, at page 36, and Evelyn Read's My Lady Suffolk, at page 139. These statements suggest that despite the defeat of the bill targeting refugee property, Mary nevertheless found a way to confiscate the Duchess's property. Jennifer Loach, at page 142, suggests that the bill might not have been the only legal means by which refugee property could be confiscated, and that its purpose was rather to ensure certainty. It is possible that after the failure of the bill Mary decided that the appearance of legality was not so important that it would prevent her from confiscating the Duchess's land.
 Why did Herenden fail to convey the land back to the Duchess upon her return?

Revision 13r13 - 24 Dec 2008 - 03:59:06 - BeckyPrebble
Revision 12r12 - 24 Dec 2008 - 00:22:43 - BeckyPrebble
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