And again, when James had been a year on the throne, the execution of
the penal laws enabled the king "... to derive considerable profit,"
says Lingard.[66] "The legal fine of L20 per lunar month was again
demanded; and not only for the time to come, but for the whole period of
the suspension; a demand which, by crowding thirteen separate payments
into one of L260, exhausted the whole annual income of men in
respectable but moderate circumstances. Nor was this all. By law, the
least default in these payments subjected the recusant to the forfeiture
of all his goods and chattels, and of two-thirds of his lands,
tenements, hereditaments, farms, and leases. The execution of this
severe punishment was intrusted to the judges at the assizes, the
magistrates at the sessions, and the commissioners for causes
ecclesiastical at their meetings. By them warrants of distress were
issued to constables and pursuivants; all the cattle on the lands of the
delinquent, his household furniture, and his wearing apparel, were
seized and sold; and if, on some pretext or other, he was not thrown
into prison, he found himself and family left without a change of
apparel or a bed to lie upon, unless he had been enabled by the charity
of his friends to redeem them after the sale, or to purchase with
bribes the forbearance of the officers. Within six months the payment
was again demanded, and the same pauperizing process repeated."
[66] Vol. vii. chap. i.
It may be only fair to say, however, that Mr Gardiner thinks Lingard was
guilty of exaggeration on one point; for he says[67] "the L20 men were
never called upon for arrears, and, as far as I have been able to trace
the names, the forfeitures of goods and chattels were only demanded from
those from whom no lands had been seized."
[67] _History of England_, 1603-42, Vol. i. p. 329, footnote.
Public-domain text, read in full here on John Shaqi.
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