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Updated: July 12, 2025
This is a sore evil in Old England; but we will make a country here for the poor to dwell in, where the wild fruits and fish and fowl shall be the inheritance of whosoever will have them; and every man shall have his portion of our good mother earth, with no lords and no bishops to harry and distrain, and worry with taxes and tythes."
First, It broke down and overrun the bounds and banks anciently set for the defence and security of Englishmen's lives, liberties, and properties viz., trial by juries; instead thereof, directing and authorizing justices of the peace, and that too privately out of sessions, to convict, fine, and by their warrants distrain upon offenders against it; directly contrary to the Great Charter.
Thence by water at 10 at night from Westminster Bridge, having kissed little Frank, and so to the Old Swan, and walked home by moonshine, and there to my chamber a while, and supper and to bed. 25th. Received a writ from the Exchequer this morning of distrain for L70,000, which troubled me, though it be but, matter of form. To the office, where sat all the morning.
Old Earlston, at once to protest against the persecution, and at the same time to save his draught-oxen, yoked ten of his stalwart sons to the mid-winter plough, and, after ploughing the whole of Christmas Day, openly defied both priest and bishop to distrain his team.
During the greater part of the reign of Elizabeth, the means relied upon for the propagation of the reformed doctrines were more exclusively those of force and coercion than even in the time of Edward VI. Thus, when Sir William Drury was Deputy, in 1578, he bound several citizens of Kilkenny, under a penalty of 40 pounds each, to attend the English Church service, and authorized the Anglican Bishop "to make a rate for the repair of the Church, and to distrain for the payment of it" the first mention of Church rates we remember to have met with.
They consisted of three Acts for enlarging the franchise, and simplifying the registration of voters; an Act for a full and effective municipal reform; an Act to secure the perfect freedom of education for all persuasions in Ireland; one for tenant right; one for giving compensation for all valuable improvements; one for taking away in certain cases the power to distrain for rent; one for the abolition of the fiscal powers of grand juries, substituting instead a County Board; and finally an Act to tax absentees twenty per cent.
To this day we never got a cent for our leg, and so really fined ourselves. Nor could we with any propriety distrain on one of a poor woman's legs! The year 1912 was a busy season. The New Year found us in Florida with the donor of the ship George B. Cluett, consulting him concerning its progress and future.
There was no officer corresponding to a sheriff to distrain and realize the amount adjudged; the person entitled had to do it himself, accompanied by a law-agent and witnesses, after, in "distress with time", elaborate notices at intervals of time sufficient to allow the defendant to consider his position and find means of satisfying the claim if he could.
The late tenant was his nephew, and has never perceived the necessity of paying rent. We have been obliged to distrain, as you know; and I wish John Smithies to buy in what he pleases. He has saved some capital in India, where I am told that he fought most gallantly.
The approver in whose house the assassination was planned, and in which the assassins resided while waiting an opportunity to destroy their victim declared, in his examination on their trial, "that he was a good friend to him," and that he never knew him to distrain any man for rent, and yet he gave him no notice; and the intended murder was openly spoken of before a numerous family of children ay, girls of fifteen years of age were privy to it; and yet no compunctious feelings touched their hearts.
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