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Updated: May 22, 2025
"To strike after a case had been referred to the court was now made a crime, punishable by a fine, and if the fine were not paid, the strikers' goods could be distrained and he could be imprisoned. Any labor union that ordered a strike or allowed its members to strike was made subject to a fine of $500.
But if goods are distrained, and no cause given for so doing, the owner may rescue them, if not impounded. Distraining part of the goods for rent in arrear, in the name of the whole goods, will be deemed a lawful seizure.
"The affair came before the court; the judge gave sentence that our house, our fields, our last farthing, should be distrained, sealed and put up to auction.
A horse bringing goods to market, goods brought to market to be sold, goods for exportation on a wharf or in a warehouse, goods in the hands of a factor, goods delivered to a carrier to be conveyed for hire, wool in a neighbour's barn, are all considered as goods in the hands of a third person, and cannot therefore be distrained by a landlord for rent.
Neither we nor our bailiffs will seize any land or rent for any debt, as long as the chattels of the debtor are sufficient to repay the debt; nor shall the sureties of the debtor be distrained so long as the principal debtor is able to satisfy the debt; and if the principal debtor shall fail to pay the debt, having nothing wherewith to pay it, then the sureties shall answer for the debt; and let them have the lands and rents of the debtor, if they desire them, until they are indemnified for the debt which they have paid for him, unless the principal debtor can show proof that he is discharged thereof as against the said sureties.
What we suffered, and what our family suffered upon this occasion, no person in a Christian country could believe. But for the kindness o' the minister, and some o' oor neebors, we must a' hae perished. As a matter of course we fell sadly back; and when the house rent became due, we had not wherewith to pay it. The landlord distrained us for it.
I find by him that the House of Parliament continues full of ill humours, and he seems to dislike those that are troublesome more than needs, and do say how, in their late Poll Bill, which cost so much time, the yeomanry, and indeed two-thirds of the nation, are left out to be taxed, that there is not effectual provision enough made for collecting of the money; and then, that after a man his goods are distrained and sold, and the overplus returned, I am to have ten days to make my complaints of being over-rated if there be cause, when my goods are sold, and that is too late.
When a widow was persecuted by the merciless factor, and distrained for rent, Rob Roy intercepted the officers who went out against her, and gave them a severe chastisement; and a similar excursion was made in favour of any poor man who was obliged to pay a sum of money for rent. The collectors of the rent were disarmed, and obliged to refund what they had received.
Once calamity threatened him; a creditor distrained on the horse and the instruments necessary to his surveyorship; but Lincoln was reputed to be a helpful fellow, and friends were ready to help him; they bought the horse and instruments back for him.
But those very men were now binding themselves by a declaration that, unless the Bill passed, they would pay no taxes, nor purchase property distrained by the tax-gatherer. In thus renouncing the first obligation of a citizen they did in effect draw the sword, and they would have been cravens if they had left it in the scabbard.
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