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Updated: May 22, 2025
Their property is annually distrained upon by warrant from justices of the peace, where the demand does not exceed the value of ten pounds, and this is their usual suffering in this case.
The commissioners imposed fines, and distrained; the aggrieved brought actions against the collectors. Cromwell, indeed, was able to suppress these proceedings by imprisoning the counsel and intimidating their clients; but the example was dangerous; the want of money daily increased; and, by the advice of the council, he consented to call a parliament to meet on the 17th of September.
"Holy father, I have to report that I have sold the wool to Master Baldwin of Winchester at two shillings a bale more than it fetched last year, for the murrain among the sheep has raised the price." "You have done well, brother." "I have also to tell you that I have distrained Wat the warrener from his cottage, for his Christmas rent is still unpaid, nor the hen-rents of last year."
His goods are distrained, his children are crying with cold and hunger, and the very bed on which his sick wife is lying, is dragged from beneath her. What can he do? To whom is he to apply for relief? To private charity? To benevolent individuals? Certainly not—there is his parish. There are the parish vestry, the parish infirmary, the parish surgeon, the parish officers, the parish beadle.
As the Tudor policy of money payments extended, the greed for pelf led to an alteration in the law, and the act of William and Mary allowed the landlord to sell the goods he had distrained. The tenant remained in possession of the land without the means of tilling it, which was opposed to public policy.
Neither we nor our bailiffs shall seize any land or rent for any debt, so 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.
"And that was the reply he gave you, miss?" observed Alley; "in truth, it was more like the answer of a sheriff's bailiff to some poor woman who had her cattle distrained for rent, and wanted to get time to pay it." "Alice," she exclaimed, "I hope in God I may retain my senses, or, rather, let them depart from me, for then I shall not be conscious of what I do.
Moreover, the Jews throughout England were distrained for five thousand marks, for the ransom of their bodies, and their wives and little ones, and by sale of their lands and houses. The Lady Queen took with her divers pieces of English cloth for the Lord King, seeing that French cloth is not nigh so good.
"William Brazier," he said, "shoemaker at Cambridge, was fined by John Hunt, mayor, and John Spenser, vice-chancellor, twenty pounds for holding a peaceable religious meeting in his own house. The officer who distrained for this sum took his leather last, the seat he worked upon, wearing clothes, bed, and bedding."
On one grant of 27,017 acres the house cost less than ten shillings. In another case a sheriff found in one county 30,000 acres upon which there was nothing which could be distrained for quit rents. At times false names were made use of in securing patents in order to avoid the restrictions of the law. Amid these acts of deception and fraud one deed is conspicuous. Col.
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