Even when the Crown’s bailiffs obeyed Magna Carta by leaving land alone when chattels were available, they might still wantonly inflict terrible hardship upon debtors. Sometimes they seized goods valuable out of all proportion to the debt; and an Act of 1266[[439]] forbade this practice when the disproportion was “outrageous.” Sometimes they attempted to extort prompt payment or to ruin their victim by selecting whatever chattel was most indispensable to him. Oxen were taken from the plough and allowed to die of starvation and neglect. The practice of the exchequer, in the days of Henry II., had been more considerate; oxen were to be spared as far as possible where other personal effects were available.[[440]] John’s charter has no such humane provision,[[441]] and the abuse continued. The Act of 1266, already cited, forbade officers to chase away the owner who came to feed his impounded cattle at his own expense. The Articuli super cartas[[442]] went further; prohibiting the seizure of beasts of the plough altogether so long as other effects might be attached of sufficient value to satisfy the debt.[[443]]
[438]. The Dialogus de Scaccario, II. xiv., had, half a century earlier, laid down rules even more favourable to the debtor in two respects: (a) the order in which moveables should be sold was prescribed; and (b) certain chattels were absolutely reserved to the debtor, e.g. food prepared for use; and, in the case of a knight, his horse with its equipment.
[439]. 51 Henry III., stat. 4 (among “statutes of uncertain date” in Statutes of Realm, I. 197).
[440]. See Dialogus de Scaccario, II. xiv.: “Mobilia cujusque primo vendantur; bobus autem arantibus, per quos agricultura solet exerceri, quantum poterint parcant” (p. 148).
[441]. Cf., however, the rule as to amercements in c. 20.
[442]. 28 Edward I. c. 12. See also Statute of Marlborough, 52 Henry III. c. 15.
[443]. Henry’s reissues make two small additions explaining certain points of detail: (a) the words “et ipse debitor paratus sit inde satisfacere” precede the clause giving sureties exemption; and (b) the sureties are declared liable to distraint, not merely when the chief debtor has nothing, but also when he can pay, but will not, “aut reddere nolit cum possit.”