When King John proposed a fourth husband, Hawise declined. She paid 5,000 marks for her inheritance, her dower lands, and "that she be not distrained to marry". By September 1213 she had paid £1,000 of that fine.
|
|
At Trinity the charge was expanded to include a total of 100 shillings' worth of goods and chattels. However, Alice and her accomplices did not respond to the summons and the 10 shillings already distrained from her was forfeit.Collections for a History of Staffordshire, volume 9, part 1, p. 104. Evidently there were problems in maintaining even a semblance of leadership.
|
|
They sought to collect the amounts owing but this led to public disorder, with distrained goods and papers being stolen. To help his efforts at repayment, he was given any prize-money concealed during the Commonwealth that he could discover. He and Scriven were also granted all treasure trove found since the Restoration, as well as part of a Cheshire outlaw's estate. However, they were still unsuccessful.
|
|
The Distress for Rent Act 1689 (2 Will & Mary c 5) is an Act of the Parliament of England. Its long title is "An Act for enabling the Sale of Goods distrained for Rent in case the Rent be not paid in a reasonable time." This Act was partly in force in Great Britain at the end of 2010.The Chronological Table of the Statutes, 1235 - 2010.
|
|
5452 Henry III (1267), cc. 1,2,3,4 The mere claim by the distrainor that he had a right to the chattels distrained was a technicality that ended the action in replevin. It was then necessary to re-file using a new writ invented in the early fourteenth century, called the writ de proprietate probanda - a writ "concerning the proof of ownership." H. E. L., III p.
|
|
A brief power struggle developed, from which Burley emerged the victor. The same year he complained that the Order's manor at Leixlip was being wrongfully distrained for debts it did not owe. In 1367-8 the Bermingham family and their retainers began a private war in County Meath. Burley was appointed to negotiate a treaty with them, together with John Fitzrichard, High Sheriff of Meath, and Robert Tyrrel, Baron of Castleknock.
|
|
Agistment originally referred specifically to the proceeds of pasturage in the king's forests in England, but now means either: # the contract for taking in and feeding horses or cattle on pasture land, for the consideration of a periodic payment of money; # the profit derived from such pasturing. Agistment involves a contract of bailment, and the bailee must take reasonable care of the animals entrusted to him; he is responsible for damages and injury which result from ordinary casualties, if it be proved that such might have been prevented by the exercise of great care. There is no lien on the cattle for the price of the agistment unless by express agreement. Under the Agricultural Holdings Act of 1883, agisted cattle cannot be distrained on for rent if there be other sufficient distress to be found, and if such other distress be not found, and the cattle be distrained, the owner may redeem them on paying the price of their agistment.
|
|
In 1856, Mennie v. Blake summarized the law of replevin by stating, "... it seems clear that replevin is not maintainable unless in a case in which there has been first a taking out of the possession of the owner. This stands upon authority and the reason of the thing". The mere claim by the distrainor that he had a right to the chattels distrained was a technicality that ended the action in replevin.
|
|
In 1276 Marmion paid homage to the Abbot of Peterborough who granted him his father's lands. He was distrained for knighthood in 1278. Marmion served repeatedly in the Scottish War from 1291 to 1322. Marmion was summoned to the king's councils on 8 June 1294, 26 January 1297 and from 26 July 1313 to 14 March 1322 and as a Knight of the Shire for Lincolnshire to York on 25 May 1298.
|
|
She preached at Charlbury, where Quaker meetings were held in the homes of two converts, William Cole and Alexander Harris. Many Quakers in Charlbury were distrained for refusing to pay the Church Rate. In 1660 a Chadlington Quaker who attended the Charlbury meetings was jailed for refusing to swear the Oath of Allegiance and in 1663 Henry Shad, a Quaker schoolmaster, was barred from teaching. In 1669 about 30 members were meeting in Harris's house.
|
|
In 2004 International Press Freedom Award laureate Svetlana Kalinkina accepted an editorial position at Narodnaja Volya. In 2004 Iosif Seredich wrote letters to Minsk court in protection of Leonid Svetik, a high school teacher and political activist, who was prosecuted by authorities for criticizing the government. In 2005 the weekly circulation was around 150,000 copies. On September 20, 2005, without any notification, bailiffs entered the editors office and distrained all its property, Narodnaya Volya’s bank account was arrested.
|
|
It is unclear whether an excess of financial zeal led to a brush with the law in 1324. At Easter of that year Prioress Alice Swynnerton was accused, with two others, of taking by force two oxen, valued at 40 shillings, the property of Clement of Wolverhampton, at Horsebrook. She was distrained and her co-accused arrested by the sheriff to secure their appearance at the next court sessions.Collections for a History of Staffordshire, volume 9, part 1, p. 101.
|
|
In his journal Fox recorded his visit to the chapel "in which Thomas Lawson used to preach, who was an eminent priest. He very lovingly acquainted the people in the morning of my coming in the afternoon, by which means many were gathered together." Lawson soon after became convinced of the unlawfulness of preaching for hire, and at twenty-three gave up his living to join the Quakers. He was frequently distrained upon for non-payment of tithe, and was imprisoned.
|
|
Bugg's father was a wool-comber at Mildenhall, Suffolk, who died when his son was about fifteen, leaving him the business and some property. While still a young man he joined the Society of Friends. About 1675 Bugg was persuaded to go to a meeting which was interrupted by soldiers, and, with other Quakers, was arrested and fined; in default of payment his goods were distrained. Rumours circulated among the Suffolk Friends that Bugg had given information of the meeting and had received money for his treason.
|
|
A writ of error sued for by the bishop only resulted in the confirmation of the judgment. Bateman, however, repudiated the authority of a temporal court over spiritual persons, and refused either to pay the fine imposed or to absolve the attorney. His cattle and goods were consequently distrained, his temporalities seized, and his person was threatened with arrest. He appealed to the council called by Archbishop John de Stratford at St. Paul's, 25 September 1347, against this invasion of the privileges of the spirituality by the temporal power.
|
|
The visitation book of the archdeaconry contains under date of 9 June 1671 an entry of his citation for not reading divine service according to the rubric. On 19 July he was pronounced contumacious and excommunicated. After the second indulgence he took out on 16 May 1672 a license to be a presbyterian teacher at Gosfield, as well as one for his house to be a presbyterian meeting-house. In 1673 he removed to the neighbouring parish of Sible Hedingham, where his library was distrained on his refusing to pay the fine for unlawful preaching.
|
|
Many Quakers in Charlbury were distrained for refusing to pay the Church Rate. In 1660 a Chadlington Quaker who attended the Charlbury meetings was jailed for refusing to swear the Oath of Allegiance, and in 1663 Henry Shad, a Quaker schoolmaster, was barred from teaching. In 1670 she married George Whitehead who was a Quaker preacher who had been imprisoned, whipped and placed in the stocks because of his religion.Nigel Smith, "Whitehead, George (1637–1724)", Oxford Dictionary of National Biography, Oxford University Press, 2004 accessed 14 Aug 2017 Whitehead died in Middlesex in 1686.
|
|
In 1692 Claridge was appointed preacher at the Bagnio, a Baptist meeting-house in Newgate Street, London, and shortly afterwards opened a school in Clerkenwell. Two years later, becoming dissatisfied with Baptist doctrines, he resigned his appointment, and in 1696 joined the Society of Friends, being accepted a minister during the following year. In 1701 he disputed with Benjamin Keach in a coffee house, Christopher Meidel supporting him on the Quaker side. In 1702, while a schoolmaster at Barking, he opposed a church rate and was excused from paying it; but for the next collection his goods were distrained.
|
|
At midnight on 11 December he fled to Carlisle, and a few days later was taken on the border with Scotland, and was robbed of his horses and money. They were recovered by him when he had been brought back to Carlisle, and after a short stay at Durham he succeeded in escaping to Edinburgh and landing at Honfleur (19 March 1689). His wife was left destitute, but by order of the chapter of Durham she received an allowance. His goods at Durham were distrained by the sheriff for debt; Sir George Wheler purchased the dean's library for £221.
|
|
The Law Commission has suggested that two of the remaining four chapters be repealed, as they are no longer useful since the Tribunals, Courts and Enforcement Act 2007."Oldest surviving law faces repeal after 747 years," BBC website, 5 December 2014 In June 2015 the Law Commission and Scottish Law Commission published a draft bill incorporating the repeal of c.4 (regulating the "taking of unreasonable distresses and the removal of distrained goods out of the debtor’s county") and c.15 (concerning the "levying of distress off the tenanted property or on a public highway") of the Statute.
|
|
King John cited overdue monies that de Braose owed the Crown from his estates, but the King's actions went far beyond what would be necessary to recover the debt. He distrained (seized) de Braose's English estates in Sussex and Devon, and sent a force to invade Wales to seize the de Braose domains there. Beyond that, he sought de Braose's wife, Maud de St. Valery, who, the story goes, had made no secret of her belief that King John had murdered Arthur of Brittany. De Braose fled to Ireland, then returned to Wales as King John had him hunted in Ireland.
|
|
In 1707 Claridge moved to Tottenham and opened a school, shortly after which an ecclesiastical suit was begun against him for keeping a school without a license. The prosecution was dropped, only to start up a few years later (1708), when a verdict was given against him for £600, he appealed to the court of king's bench, and the fine reduced to £4. During the same year his goods were distrained for tithes. In 1714, when a bill was before parliament to prevent the growth of schism, particularly intended to suppress dissenting academies, Claridge opposed it and wrote tracts to show that it would be oppressive.
|
|
In the middle of the thirteenth century the number of such archae was reduced to twenty-five. Arrears of tallage were continually applied for, and if not paid the Jew's wife and children were often imprisoned as hostages, or he himself was sent to the Tower and his lands and chattels were distrained. The Exchequer of the Jews was one of the means which enabled the kings to bring pressure upon the lesser baronage, who therefore claimed in 1251 the right to elect one of the justices of the Jews. These were at first men of some distinction, like Hugh Bigod, Philip Basset, and Henry de Bath.
|
|
By his own account he was imprisoned in London and his horse distrained on the county sheriff's authority. A series of payments in 1642 show his support for those opposed to Charles I. Moreover, he claims to have witnessed one of Captain Oliver Cromwell’s orations delivered at Huntingdon to newly mustered volunteers. Totney later possessed a great saddle, musket, pair of pistols and sword, suggesting he served as a harquebusier. By December 1644, he had returned to Little Shelford where he resumed his duties as a local tax official, as well as taking up sequestered land and providing quarter for Parliamentarian soldiers and their horses.
|
|
It is suggested that Mr Goyder reported to Parliament the quality of the Tatiara region, because in 1865 the South Australian Legislative Council decided on a policy of 'Distrainment' of the pastoral leases. One of the first areas to be 'distrained ' was the Tatiara and Nalang was the first property on their list, significantly increasing the property's valuation, with a tenfold increase in rent. Unless they bought their house and improvements from the government, at the government's new valuation and paid the increased lease, the Macleod family was to be evicted. Alice died in January 1867 at the age of 31 and was buried in the front paddock alongside her brother-in-law, Chief John in an unmarked grave.
|
|
He argued that he was essoined (had made a valid excuse) for that session, not only for routine attendance but for a special purpose for which the court had summoned him. He "made his law" by compurgation and escaped punishment. He was fined 5 shillings by the court of 11 March 1277 for giving false evidence in a case involving Thomas Ulf, a man from his own village, and the jury were fined, collectively, twelve shillings for believing him, presumably because they were all suspected of collusion. On 14 March 1278 his son, also Roger, was accused of raising the hue and cry to prevent the abbot's bailiffs taking away a distrained item, perhaps an animal.
|
|
De parco fracto (Law Latin "of pound breach") is a historical common-law writ against a person, often an owner, "who breaks into a pound to rescue animals that have been legally distrained and impounded."Black's Law Dictionary (9th ed. 2009), de parco fracto The writ is mentioned in Blackstone's Commentaries on the Laws of England: "And, being thus in the custody of the law, the taking them back by force is looked upon as an atrocious injury, and denominated a rescous, for which the distreinor has a remedy in damages, either by writ of rescous, in case they were going to the pound, or by writ de parco fracto, or pound-breach, in case they were actually impounded."Black's Law Dictionary (9th ed.
|
|
The eyre of 1255—6 heard that Abbas de Hales non permittit homines de Hales placitare vetitum namium in com[itatu]. Immo capet namium eorum et non vult eos deliberare per ballivos domini Regis — "The Abbot of Hales does not allow the men of Hales to make a plea of vetitum namium (prohibited distraint)Vetitum namium, meaning prohibited or unjust distraint, was a technical legal term for an action to recover a distrained animal or other property that had been taken by the lord as security for the behaviour of the tenant. Generally the first resort when such an item was not returned when due was to ask the sheriff for replevin, or legal restitution. If this failed, the appeal to higher authority was called placitum vetitum namium, "plea of prohibited distraint.
|
|
So much of this statute as ordained that the towns near adjoining were to be distrained to levy, at their own cost, a hedge or dyke overthrown, and to yield damages, was repealed, as to England, by the 7 & 8 Geo 4 c 27.The Statutes of the United Kingdom of Great Britain and Ireland, 7 & 8 Geo IV. 1827. p 153 It was repealed to the same extent, on 1 March 1829, as to all persons, matters and things over whom or which the jurisdiction of any of the King's courts of justice erected within the British Dominions under the government of the United Company of Merchants of England trading to the East Indies extended by section 125 of the Criminal Law (India) Act 1828 (9 Geo 4 c 74). The whole Act was repealed for England and Wales by section 47(1) of, and Part 3 of Schedule 6 to, the Commons Act 2006.
|
|
During the 1630s, he took part in his father's efforts to drain the Great Level, serving as a commissioner of sewers there from 1631 to 1636 or later, but was largely occupied in dealing with his own accumulation of debts. The figure of £60,000 for his debts was given in a petition to the House of Commons in 1641; an enormous sum, if truthfully reported, for an heir apparent with a negligible estate of his own to offer as security. Two earlier petitions recited liabilities on his part of £6,900, still very significant, and he was also prosecuted as a surety for the debts of Sir Thomas Cheney, his uncle by marriage. As Clarendon avers, his debts did cause havoc for his sureties: some of the possessions of his uncle Sir Alexander St John were distrained by Lord St John's creditors, and Sir Capell Bedell, another surety, made a composition with Lord Bolingbroke to pay some of the debts to avoid the same fate.
|
|
As well as being a critic of the British treatment of the Boers he was a critic of the Union of South Africa's negotiated terms because of the un-equal treatment of the majority black population in the country. His chief prominence in politics, however, dates from 1903 onwards in consequence of his advocacy of passive resistance to the Education Act of 1902. He threw himself into this movement with militant ardour, his own goods being distrained upon, with those of numerous other Nonconformists, rather than that any contribution should be made by them in taxation for the purpose of an Education Act, which they believed to be calculated to support denominational religious teaching in the schools. The passive resistance movement, with Clifford as its chief leader, had a large share in the defeat of the Unionist government in January 1906, and his efforts were then directed to getting a new act passed which should be nondenominational in character.
|
|
In 1772 he exhibited Lord Clive explaining to the Nabob the Situation of the Invalids in India, and Rosamond and Queen Eleanor; in 1774, The Profligate punished by Neglect and Contempt and The Virtuous comforted by Sympathy and Attention, a pair engraved by Valentine Green; in 1776, Jane Shore led to do Penance at St. Paul's; in 1779, The Return from the Chase; in 1780, Apparent Dissolution (sold according to information in the Witt Library, London, wrongly catalogued as by Walton, 'A Mishap' by Christies, New York, USA) and Returning Animation (English private collection) a pair engraved by William Sedgwick; in 1781, Lavinia discovered gleaning; and in 1782, The Benevolent Physician, The Rapacious Quack, and Widow Costard's Cow and Goods, distrained for rent, are redeemed by the generosity of Johnny Pearmain. He was the author of a course of lectures on the art of painting. They were never published, but were left by his will to his nephew, the Ven. George Buckley Bower, archdeacon of Richmond.
|
|
In 1995, Rudolf was sentenced to 14 months in prison by the district court of Stuttgart for "inciting racial hatred" via the "Rudolf Report", as Holocaust denial is a criminal offence in Germany. Rudolf avoided prison by fleeing to Spain, England, and finally to the United States. His first marriage was to a German national with whom he had two children, and they settled at Hastings in England, until he and his wife divorced and she returned to Germany with their children. All the while, criminal investigations continued in Germany. In August 2004, the district court of Mannheim distrained a bank account in an attempt to confiscate 55% of Rudolf's business turnover from the years 2001-2004, some €214,000, but at that time the account contained only some €5,000. Rudolf and his associates had earned this money by selling Holocaust denial publications which are banned in Germany, but Rudolf's business was in the UK and the US. On 11 September 2004, Rudolf married a US citizen and settled in Chicago; the couple later had a child.
|
|
In England, the Magna Carta 1215 clause 9 set out rules that people's land would not be seized if they had chattels or money to repay debts.Magna Carta 1215 cl 9, "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" The Bankruptcy Act 1542 introduced the modern principle of pari passu (i.e. proportional) distribution of losses among creditors. However, the 1542 Act still reflected the ancient notion that people who could not pay their debts were criminals, and required debtors to be imprisoned.
|
|
While we have no direct evidence for that, it is highly likely that legal proceedings only started if there was a plaintiff, either the injured party or a representative, the latter almost certainly a kinsmen of the injured party. Proceedings probably will have been started by a complaint to whoever was seen responsible to uphold justice, which might have been a druid, in some late Gaulish policies an official, or perhaps a noble patron of either the injured party or the offender, or possibly the offender himself had to be approached. It is most likely that if the offender did not submit willingly to settle the dispute in court, he could be distrained by the plaintiff. While we have no direct evidence for the latter, it seems quite likely, given that the practice is well attested in early medieval Irish and Welsh lawBinchy 1973; Kelly 1988, 177–86; Jenkins 1990 with cognate terminology,Kelly 1988, 177 FN 1 but also in the early Germanic laws,Mitteis & Lieberich 1992, 38–48 and even in early Roman law.Kelly 1988, 177; Cornell 1995, 272–92 What little evidence we have (almost exclusively a few lines in Caesar's De Bello Gallico)b.g.
|
|
William petitioned the King for relief against being distrained by the Exchequer for debts owed to the Crown by the late Earl of Kent, the King's uncle, of whose property he had been appointed Keeper, claiming that he had a letter under the Privy Seal discharging him from liability for the debt; an endorsement on the petition shows that this plea was accepted. He also petitioned to be cleared of liability for a sum of £100 given to him by the late King Edward II, during the conflict which led to King Edward's final downfall in 1327, to pay the wages of the soldiers at Gloucester, on the ground that he could produce no written evidence as to whether or not the wages had actually been paid, since he had given the money to one Simon de Reading. In 1346, in consideration of his good service, King Edward III appointed him Master of the Rolls in Ireland; he served until about 1350 when he returned to England to become the parish priest of Brixham, Devon. The Patent Rolls for 1349 record a debt of forty shillings owed to him by William de Wode, which was to be levied in Northampton.
|
|