▪ I. distrain, v.
(dɪˈstreɪn)
Forms: 3–6 destreyn(e, 4–6 des-, distrayne, distreyne, (4 -trene, 4–5 dystreyne, 5 -trayne, 6 -treine), 5–8 distrein, 6–7 distraine, 6– distrain; Sc. 4–7 des-, dys-, distrenȝe, -trinȝe.
[ME. a. OF. destreindre, -aindre ‘to straine, presse, wring, vexe extremely, straiten’ (Cotgr.), pres. stem destreign-, pa. pple. destreint; = It. distrignere, -stringere ‘to distraine, distress, pinch, straiten’ (Florio):—L. distring-ĕre to draw asunder, stretch out, detain, occupy, f. dī-, dis- 1 + stringĕre to squeeze, draw tight. In med.L. and Romanic, the prefix lost its sundering force, being prob. confounded with de-, and distringĕre became merely intensive of stringĕre, as in mod.It.]
I. General senses: all Obs.
† 1. trans. To press, compress, or grasp tightly; to squeeze; to clasp tightly. Obs.
| c 1381 Chaucer Parl. Foules 337 The gentyl faucoun that with his feet distraynyth The kyngis hand. c 1390 ― Proverb, Who so mychel wol embrace, Lytel þer-of he shal destreyne. 1483 Caxton Gold. Leg. 372 b/1 Hit happed on a nyght that she distrayned her self by the throte that she was almost estrangled. 1600 Fairfax Tasso xii. xii. 215 The Prince..gently gan distraine Now him, now her, betweene his friendly armes. |
† b. To confine, bind, restrain. Obs.
| c 1374 Chaucer Boeth. ii. pr. vi. 42 (Camb. MS.) A man..whiche þat visyous lustys holden destreyned with cheynes þat ne mowen nat be vnbownden. c 1386 ― Pars. T. ¶195 Oure lord Ihesu crist..after that he hadde be bytraysed of his disciple, and destreyned and bounde. |
† c. fig. To hold captive, or in constraint. Obs.
| c 1340 Hampole Prose Tr. 18 Neuer-þe-lattere in þis maner felynge a saule may be distreynede by vayne glorye. c 1374 Chaucer Troylus i. 355 Oþere besye nedes hym destrayned. |
† 2. fig. To hold in its grasp, as disease, sickness, love; to distress, oppress, afflict. Obs.
In quots. 1547, 1618 perhaps ‘to strain’.
| c 1374 Chaucer Troylus iii. 1479 (1528) No word for sorwe she answerede, So sore gan his partyng here destreyne. c 1430 Lydg. Compl. Bl. Knt. xx, And overmore distrayned with sicknesse Beside all this he was full grevously. 1483 Caxton Gold. Leg. 266 b/1 The man of god..destrayned his body by soo grete trauaill of fastynges and wakynges that he languyssed in contynuel maladye. a 1547 Surrey in Tottell's Misc. 14 Ragyng loue with extreme payne Most cruelly distrains my hart. a 1618 Raleigh Rem. (1644) 121 Distrained with the wringing fits of his dying flesh. |
† 3. To control by force, restrain, subdue. Obs.
| a 1400–50 Alexander 4244 A Kyng with-outen cunnyng, he can noȝt distreyne His subi[e]ctis. c 1530 Spirituall Counsayle H ij, Howe by his wysdome on the Crosse he hathe distrayned all the power of the devyll. |
† 4. To constrain, force, or compel (a person to do something). Obs. (Hence the legal sense 7.)
| c 1374 Chaucer Troylus v. 596 Distreyne here herte as faste to retorne, As þow dost myn to longen here to se. 1375 Barbour Bruce xii. 338 Thar gret vaward alsua Wes distrenȝeit the bak till ta. c 1386 Chaucer Pars. T. ¶35 Penitence destreyneth a man to accepte benygnely euery peyne..enioyned. c 1400 tr. Secreta Secret., Gov. Lordsh. (E.E.T.S.) 62 Who destreyns þe to swere ofte? |
† 5. To strain out, express; to extract by pressing or straining. (In quot. 1563, intr. for refl.)
| c 1400 tr. Secreta Secret., Gov. Lordsh. (E.E.T.S.) 85 His properte ys, to make stalworthe þe stomak, & destreyne & purge þe euyl and rotyn humours þat er in þe stomak. 1563 B. Googe Eglogs (Arb.) 117 The gryefe so sore, doth growe in euery parte, Destraynyng through the venomed vaines doth so torment the Hart. 1634 Sir T. Herbert Trav. 150 Coffa or Coho, a drinke..blacke, thicke and bitter; distrained from Berries of that quality. |
† 6. a. To pull or tear off. b. To rend or tear asunder. [After L. senses.] Obs.
| 1382 Wyclif Ezek. xvii. 22 Y shal take of the merewȝ of the heeȝ cedre, and I shal putte of the cop of his braunchis; the tendre I shal distreyne, [1388 streyne, Vulg. distringam]. 1590 Spenser F.Q. ii. xii. 82 That same net so cunningly was wound, That neither guile nor force might it distraine. |
II. Law. [The earliest use recorded, but etymologically a specific application of 4.]
† 7. trans. a. To constrain or force (a person) by the seizure and detention of a chattel or thing, to perform some obligation (as to pay money owed by him, to make satisfaction for some wrong done by him or by his beasts, or to perform some other act, e.g. to appear in court); to punish by such seizure and detention for the non-performance of such obligation. (See distress n. II.) Obs. exc. Hist., or as included in c.
| c 1290 Beket 758 in S. Eng. Leg. I. 128 Non Erchebishop of Caunturburi nas neuere i-somoned so, Ne so destreyned of no king [v.r. of nothing]. [1292 Britton i. xxvii. [xxvi]. §1 Le viscounte face destreyndre les trespasours par lour avers et par lour chateus.] 1414 Coldingham Papers (1841) 86 Full power and autorite..the same tenantz and tenantdris til distreyn and hald, till all rerages and dettes..be assethid. 1512 Act 4 Hen. VIII, c. 19 §9 For none payment therof to destreyn the seid persones so beyng behynde by their goodes and catalles. 1568 Grafton Chron. II. 142 To make sommons, and distreyne for lacke of appearaunce, all and every Tenant of the sayd Abbot. 1671 F. Phillips Reg. Necess. 467 He refused to give leave..to distrein the Bishop of St. Davids in Parliament time. 1895 Pollock & Maitland Hist. Eng. Law I. 335 After distraining the tenant by his chattels, the lord may obtain from his seignorial tribunal a judgment authorizing him to distrain the tenant by his land. Ibid. II. 574 Observe that [in the 13th c.], when words are correctly used, one does not distrain a thing; one distrains a man by (per) a thing. |
b. with inf. or subord. clause, expressing the purpose.
| c 1290 Beket 748 in S. Eng. Leg. I. 128 Seint thomas londes into is hond his men nome, Ase it were for-to destreynen him þat he to his court come. c 1315 Shoreham 72 Destrayned be he scholde, Be rytte To do hyt ȝyf that he may. 1609 Skene Reg. Maj. 27 He may be distrenzied in his lands, to come to court. a 1626 Bacon Max. & Uses Com. Law (1636) 20 Commanding him [the Sheriffe] to distraine them by their lands to appear at a certaine day. 1641 Art. agst. Sir H. Davenport in Rushw. Hist. Coll. iii. (1692) I. 335 That he should distrain James Maleverer, Esq; to appear before the Barons of his Majesty's said Court of Exchequer. 1647 N. Bacon Disc. Govt. Eng. i. lxx. (1739) 184 All such as ought to be Knights and are not, shall be distrained to undertake the weapons of Knighthood. 1767 Blackstone Comm. II. 135 The widow shall pay nothing for her marriage, nor shall be distreined to marry afresh. 1895 Pollock & Maitland Hist. Eng. Law I. 334 The lord's handiest remedy is that of distraining his tenant to perform the services that are in arrear. |
c. In later usage: To levy a distress upon (a person), in order by the sale of the chattels to obtain satisfaction for a debt, particularly for arrears of rent. (But the usual construction in this sense is to distrain upon: see 8 b.)
| 1768–74 Tucker Lt. Nat. i. ii. §9 When Squire Peremptory distrained his tenant for rent perhaps he [etc.]. 1772 Hist. Rochester 46 Who had been distrained for the repair of the head of the bridge. 1818 Cruise Digest (ed. 2) III. 201 A peer of the realm could never be arrested for debt; the law presuming that he had sufficient lands and tenements in which he might be distrained. |
8. absol. or intr. To levy a distress. Const. for (a thing). Originally in order to compel the defaulter, by detention of the thing seized, to pay money due or perform an obligation; but in later use including the power to obtain satisfaction by sale of the chattels. See distress n. 3.
| c 1350 in Eng. Gilds (1870) 362 Ȝif eny þo þat nymeþ rente of eny tenement in fraunchyse of þe Citee, and his rente holleche be by-hynde, oþer half oþer more and he ne fynde for to dystreyne. 1463 Bury Wills (Camden) 27 If my wil be nat devly executyd in eche part, they to haue pover to distreyne. 1512 Fabyan Will in Chron. Pref. 9, I geve full power over the said Church Wardeyns..to distreyn within any of the foresaid londs and tenements..and the distres so taken to withold and kepe till the said annuytie..be fully contented and paied. 1512 Act 4 Hen. VIII, c. 11 To distreyne for the same rentes in the seid Maners. 1552 in Vicary's Anat. (1888) App. iii. 152 It shalbe laufull for any offycer of the said Cytie to dystreine for the same [yearly rent]. 1648 Milton Observ. Art. Peace Wks. 1738 I. 338 Any seven or more of them, in case of Refractories or Delinquency, may distrain and imprison. 1764 Burn Poor Laws 251 Where power is given to distrain, it seemeth reasonable that power should be given to come at the goods. 1863 Fawcett Pol. Econ. ii. vii. 237 The landlord had of course a legal right to distrain for the rent. |
b. Const. upon, on a person or thing. (With indirect passive to be distrained upon.)
| 1605 Camden Rem. (J.), I will not lend money to my superiour, upon whom I cannot distrain for the debt. 1689 Col. Rec. Pennsylv. I. 311 He was distreyned upon by Cornelius Empson, for Contrey Rates. 1812 Examiner 7 Sept. 570/2 He was..threatened..to be distrained on for the assessment and surcharge. 1861 Pearson Early & Mid. Ages Eng. xxxiv. (L.), He or his heirs might distrain on them if this were neglected. 1891 Punch 25 Apr. 195/2 The total failure of my last attempt to distrain on the stock of a neighbouring farmer. |
| fig. a 1658 Cleveland Gen. Poems, &c. (1677) 2 The Airy Freebooter distrains First on the Violet of her Veins, Whose Tincture could it be more pure, His ravenous kiss had made it blewer. a 1678 Marvell (J.), Blood, his rent to have regain'd Upon the British diadem distrain'd. |
9. trans. To seize (chattels, etc.) by way of distress; to levy a distress upon. arch.
| 1531 Dial. on Laws Eng. ii. xxvii. (1638) 112 A pound..to put in beasts that bee distrained. 1593 Shakes. Rich. II, ii. iii. 131 My Fathers goods are all distraynd, and sold. 1671 F. Phillips Reg. Necess. 490 The Laws or reasonable Customs of England will not permit a Horse to be destrained when a Man or Woman is riding upon him. a 1713 T. Ellwood Autobiog. (1714) 66 If you have no Money, you have a good Horse under you; and we can Distrain him for the Charge. 1765 Blackstone Comm. I. 256 All process whereby the person of any embassador..may be arrested, or his goods distreined or seised, shall be utterly null and void. 1848 Wharton Law Lex. 186 All chattels and personal effects, found upon the premises, may be distrained, whether they belong to the tenant or to a stranger. |
† 10. Extensions or loose uses of the legal senses. a. To deprive (a person) of (something). Obs.
| 1530 Palsgr. 522/1, I distrayne a persone of his lybertye, or plucke some thynge from hym that belongeth him. |
† b. To seize, confiscate, annex. Obs.
| 1591 Shakes. 1 Hen. VI, i. iii. 61 Here's Beauford, that regards nor God nor King, Hath here distrayn'd the Tower to his vse. 1676 Hobbes Iliad xi. 622, I then went his Cattle to destrain, And take amends for those he took of mine. 1727 A. Hamilton New Acc. E. Ind. I. viii. 86 They first built a Sconce..both to secure themselves from sudden Attacks or Surprize, as well as to hold what they might distrain from the poor Peasants. |
Hence diˈstrained ppl. a.; diˈstraining vbl. n. and ppl. a.
| c 1380 Wyclif Sel. Wks. III. 302 Stelyng of chartris, and distreynyng of ȝonge eiris. 1530–1 Act 22 Hen. VIII, c. 12 If any such person..distreined appere not at the day and place conteyned in suche distresse. 1672–3 Marvell Reh. Transp. i. 244 They reckon there would be little got by distraining. 1887 Spectator 4 June 760/1 To give instant warning of the approach of the distraining parties. 1895 Daily News 25 Jan. 5/3 The Judge..has been saying some severe things on the subject of distraining bailiffs. |
▪ II. † diˈstrain, n. Obs.
[f. prec. vb.]
1. = distraint.
| c 1450 Eng. Misc. (Surtees) 59 No distreyn y{supt} is made w{supt} in y⊇ sayd Burgage. |
2. Restraint, control.
| c 1531 Latimer Serm. & Rem. (1845) 329 The kings highness..did decree that all admitted of universities should preach throughout all his realm as long as they preached well, without distrain of any man. 1598 Florio, Distretta, a destraine, a trouble, an inconvenience. |