Petition of Two Sisters, Reason 6
The ſixt reaſon: this Incloſure is againſt the Church and Common-wealth, and auncient cuſtomes and liberties of England,
GOds Miniſters may make that complaint of Incloſers, that Iacob made of Laban: Thou haſt now changed Gen. 31. 41my wages ten times: So hauehave they changed the auncient liuings of Gods Miniſters. But in all their exchanges it hath fallen out, as it doth commonly in caſting of mettals: that which hath comne in the ſecond place, hath not béen ſo good as was the former. Their ſummes of money which they doe now alowe, are not ſo good in value, as were heretofore tithes in kinde: and againe, the money due is not ſo eaſily obtained at their hands. And thus they doe not onelyonly muſſell the mouthes of Gods 1. Cor. 9. 9.Oxen, which doe tread out his Corne, but alſo impoueriſh them yéerely more & more by this their incloſure; and yet for all this, they will be accounted Laban, that is, they will ſéeme white and religious.
Hierome, of couetous Patrons, and laie-men which ſtudie to get into their Hier. part. 3. tract. 4. epiſt. 10. ad Damaſ.hands Eccleſiaſticall liuings, writes thus: They which ſerue at the Altar, let them be partakers of the Altar: Therefore becauſe Prieſts were wont to pray for all them, whoſe almes and oblations they doe receiue, with what face dare laie men, either themſelues eate, or grant to others, the oblations which Christians doe offer for their ſinnes, when as it becommeth not Alludit ad illud 1. Iohanis 5. 16. Orans pre fraire peccatore dat vitam.them to pray for the people? For this cauſe, (O glorious Father) we ought to excommunicate thoſe preſumptuous perſons for euer; that others might be afraid, and that theſe things might be no more done in the Church. O grieuous ſinne, which Hierome ſaith, is to be excommunicated for euer!
And here firſt, the poore huſbandmen and cottagers, may complaine vntounto your Maieſtie of the payments of the Subſidie inflicted vponupon them; that whereas there hath béene rich farmers in eueryevery Towne to pay it, now thoſe townes incloſed being diſpeopled, and thoſe rich farmers which were wont to pay it, being fled away, the payments thereof are impoſed on poore men: who being but tenants, and hauing but a ſmall flocke of cattell (and perchance a great familie to maintaine) are enforced to be three pound men in the Subſidie booke; whereas the Lord of the mannor, or Frée-holder; being their Landlords, liuing in other places, hauing fiue hundred or a thouſand ſhéepe, in the ſaid Lordſhip (which they hauehave incloſed and improued) and perchance fiftie or a hundred cattell, will pay nothing towards the payment of the ſame. Pleading for themſelues, that by law, they are to be aſſeſſed and bound to pay but in one place, which for the moſt part is where they inhabit. And ſo they vſing and enioying the profits and commodities of the farmes which they hauehave decayed; and alſo eating with their cattel, the chiefe commoditie of the field; will beare no part of that dutie with their poore tenants, which makes them repine and murmur. Nay (that which is the laſt refuge) if the townes incloſed be ſo poore, that they are not able to pay the Subſidie; they will vſe meanes to mitigate the ſame, and ſo make ſome townes néere adioyning, helpe to beare out the burden of thoſe townes, that they hauehave decayed and diſpeopled by their incloſure.
Secondly, the poore alſo may complaine of Incloſers for taking away their Common: for herein they are, firſt impious againſt God, and iniurious to their Aunceſtors, and diſtoyall to the Kings prerogatiue royall. For firſt, God himſelfe may ſéeme to hauehave giuen ſome Commons, as appeares in Holland, and in the Marſh in Lincolneſhire, and Holdernes in Yorkeſhire, and in Kent, where many miles of ground hauehave béen added by the Sea. Secondly, ſome people of godly diſpoſition, and great poſſeſſions, dying without iſſue, hauehave giuen large Commons in diuers places, as in Yorkeſhire, a great Common called Walling Fenne. And laſtly, Kings hauehave giuen Commons alſo.
William Conqueror gaue Commons and other liberties: ſo that Lords of Mannors did not appoint them, and therefore at their pleaſures may not take them away. And they were giuen as it ſhould ſeeme, vponupon theſe conſiderations: Firſt, to maintaine the poore men that fought for him: for all were not Gentlemen in that great armie of the Conqueror. And as gentlemē had lordſhips beſtowed vponupon them for their ſeruice, ſo no doubt, the poore had Cōmons giuen to them alſo for the ſame cauſe: that a poore man prouiding onelyonly meate for his Cowe againſt winter, was aſſured to hauehave her kept and fedde on the Commons all the ſummer for nothing; and ſo might be the better imployed about his Maieſties warres, ſo often as néede did require: whereas now in many places, the poore man is forced to pay very dearely for the ſummer Common or paſture for his Cowe (ouer and beſides his houſe rent) which in times paſt he had belonging to his houſe for his ſaid rents. And ſo the care for the prouiſion for his family being great, makes many not to be ſo forward to warres, as they both would and ought to be.
Boterus Beneſius, writing of the eſtate of the whole world, and ſtrength Mund. Imp. Rex. Angl.of England, which conſiſtes on the poore Huſbandman, Cottager, and common Souldier, reports thus; Although (ſaith he) the Engliſh men are able to bring into the field 2000. Launces, and a great number of light horſe, yet the horſemen of England hauehave neuer wonne to themſelues ſuch credit and praiſe in war, as the footemen hauehave done. King Edward the third, who made ſo many voyages into France, and obtained there ſo many victories; to declare in which of his forces he moſt truſted, forſooke his horſemen, and went on foote amongst his common Souldiers. But contrariwiſe the Frenchmen, becauſe they will not hauehave their common people giuegive themſelues ouermuch to warlike affaires (lest they ſhould forſake and contemne their handicrafts and occupations, and ſo, by being ſouldiers, waxe proude; to which thing the Frenchmen are very much inclined) put all their ſtrength of their warres in horſemen, which for the most part conſiſts of Noble men. The common Souldier heretofore hath béen for warres, the glory of England, as this author affirmes; & by him England hath won ſo many great victories, and obtained ſuch great glory and fame; and ſhall he now be deſpiſed? Nay ſhall he in ſome places be rooted out? What is this elſe, but to put out Samſons eyes, the ſtrength Iud. 16. 21.and glory of our land, and to cut off his haire? To doe this, is not to be true Iſraelites, Ioh. 1. 47. 1. Sam. 17. 36.but vncircumciſed Philiſtimes. What will our riches do vsus good, if we lacke men to kéepe them? As the body cannot conſiſt without legges & armes, ſo neither the Common-wealth without Huſbandmen, Labourers, & Souldiers. Surely, they which will not maintaine theſe armes and legs, which muſt fight and runne for them, are euill members of this Common-wealth. If the legges of our bodies be weake, how will we complaine? or if our armes be out of ioint, what ſpeed will we make to hauehave them put into the ioint again? and ſhall we not nouriſh bountifully theſe legges? ſhall we ſuffer theſe armes to be out of ioint? And here as Gods word may ſéeme to be the moſt ſtrong ligament, ſo in ſome ſort theſe Commons Pſal. 2. 3.may ſeeme to bee the ſinewes of the Common-wealth: For, as our armes are ioyned to our bodies by ſinewes and ligaments, ſo no doubt theſe armes were tied in the beginning to the Common-wealth by their Commons beſtowed vponupon them. For benefits are the ſtrongeſt bonds to binde men withall, as the Heathen hauehave taught.
Secondly, it may ſeeme they were ordained for common workes: For ſo hauehave Churches béen repaired, and bridges built, and high waies made & maintained. They would lay a péece of their Common, to be ſo wen, or for meadow, and with the profit thereof being ſolde, performe any common worke; and by that meanes, ſuch like workes coſt the poore of the Towne very little. And hereof (as appeares nowe) comes the ridges and furrowes in ancient Commons, which proueth that for ſuch purpoſes they hauehave béene ſowne. And the like good would come to the Common-wealth, if that they were vſed ſo ſtill. Whereas now in many places, where theſe Commons are takē away by Incloſure, eueryevery penie comes out of the poore mans purſe; and hauing no common ſtocke, hardly any common worke can be brought to paſſe, as in times paſt hath beene.
Laſtly, a part of theſe Commons were the Kings high waies; which name plainely argues, that Kings were the authors of thē, as of all other Commons. And thoſe which are leading from one Market towne to another, ought to be two hundred foote broade, (as appeareth by a Statute of Wincheſter 13. made in 1. Ed. 5.) which were large and ſafe, that your Maieſtie might paſſe the countrey in progreſſe with your traine; and your Subiects trauell without danger. But now Incloſers hauehave ſo pinched them in, by their ditches and hedges, allowing but 24. for the way, that your Maieſtie cannot paſſe in their waies and lanes, vnleſſe they throwe open their hedges againe for that time, as experience lately hath prooued. Neither can your poore Subiects trauel with their weake beaſts without danger, the waies being thereby made ſtraite and narrow, and therefore deepe and dangerous; neither without danger of their liues, both by foreſtalling of théeues, and alſo by opening the dangerous gates. The poore Cottager had his Common allowed him alſo (as ſhould ſéeme) for his paines taken in mending of theſe high waies, which now Incloſers hauehave quite ſpoyled, by pinching them in: but the burthen doth remaine on poore mens backs ſtill; and they are forced to doe their common daies, as before, and yet their Common is taken from them.
But Lords of Mannours, and Frée-holders, who hauehave their Commons, and ſhould alſo worke their common daies, and for eueryevery plow-land they holde, either in Tillage, or Paſture, ſhould find one Cart or draught, to leade ſtones and rubbiſh towards the repairing of high waies; doe now of late, in many places (where Tillage is conuerted to Paſture) where heretofore, there hath beene thirtie draughts or Carts in a towne, which did performe their common daies, ſkant finde tenne: and he that hath decayed fower or fiue draughts, ſkant ſends one to kéepe his common daies. And hereof it comes, that high waies in many places, are not ſo well maintained, as heretofore they hauehave béene.
Nay, if theſe Commons had béene appointed by the Lords of Mannors, then as mens natures in all ages hauehave béene diuers, ſo theſe Commons would alſo, in ſome places hauehave béene better, and in other ſome worſe: but in all places, according to the proportion of the towne, they are very liberall and bountiful: declaring themſelues to be beames comming from the ſame Sunne; I meane from the rich liberalitie of the Kings maieſtie.
There was a tenure in England called Baſſa tenura, now called Copie hold: and theſe had their fréedomes according to the cuſtome of the Mannor. There was another tenure called Tenure of villenage, and theſe had neither libertie of Commons, nor of their very bodies, and ſeede. And this may bee an euident argument, that Kings gaue theſe Commons: for thoſe which had offended his Maieſtie moſt greeuouſly, he made them villens, and depriued them of the auncient liberties, which all his other people enioyed. So that as this villenage, was by the King inflicted vponupon ſome: So no doubt the former liberties and priuileges alſo, were by Kings giuen and beſtowed. But Incloſers now, for no cauſe of diſobedience, but for their owne priuate lucres, take from their tenants, that which Kings did not, but vponupon great offences committed againſt their perſon.
There is an auncient law, (in regarde 20. Hen. 3. 4. 13 Edw. 4. 6.that tenants complained of the Lords of Mannors for incloſing as ſhould ſéeme of their Commons) by which it was enacted that Lords ſhould leaue ſufficient Common for their tenants, with ſufficient egreſſe and regreſſe: And, that being performed, they might (as ſhould ſéeme) make their commoditie of the reſt. But if that their egreſſe and regreſſe were any thing hindred by the deforceors, or that they had not ſufficient paſture; that thē they ſhould recouer their ſeiſon by the view of Jewrors; ſo that by their diſcretions and othes, they ſhall hauehave ſufficient Common and paſture with egreſſe and regreſſe, and the diſſeſors ſhould bée amerced and render damages. This auncient ſtatute plainely proues, that Lords in eueryevery towne, ſhould leaue to their tenants ſufficient Common. And therefore doe they not breake the meaning of this law, which incloſe, leauing no Common at all?
Theſe Incloſers take vponupon them, as though they were, not Lords of Mannours, but rather kings; and doe make, as it were, a new Commonwealth, and a new forme of gouernment in townes wherein they are Lords. They will hauehave no Common left at all. And wheras there hath béene common Leas and Meadow (which hath béen without memory of man yéerly letten, and the profit thereof hath béen imployed towards the repaire of the Church, and ſuch other good and Chriſtian vſes) they will now take them away as waſte due to themſelues, except there can be good euidence in writing to ſhew for the ſame. They alter & change the ancient high waies; ſo that trauellers and ſtrangers ſometimes without danger, cannot come to their townes. They will hauehave no common Neat-heards, nor Hog-heards, nor Pinder in their townes, by which poore men hauehave liued, & had a ſtay and maintenance, both for themſelues, and families, though impotent, and not able for other works.
Philarchus teſtifieth, that the beanes of Aegypt, were firſt ſowen in Aegypt, and that if ſo be they were ſowen in any other countrey, they would grow in none but there. But after in a certaine Fenne of Epirus, nigh vntounto a riuer of Theſpoſia, called Thyramnis, in the daies of King Alexander Pyrrhus, two yeeres together they grewe, and brought foorth their fruit very pleaſantly: but when as King Alexander ſet a guard to keepe and watch them, that none ſhould take of them, nor come into the Fenne, the Fenne was dried vp, neither brought they foorth any more fruit.
In Edipſo alſo there appeared a certaine cold water running out of a ſpring, not farre from the ſea, by the which they that were ſicke were very much holpen. Inſomuch that many out of farre countreyes, came thither to drinke of that water. But whenas the captaines and gouernors of King Antiochus, began to pinch them of this water, and commaunded to giuegive them of another water to drinke, quite contrarie from the other, the ſpring by and by dryed vp.
In Troas it was lawfull for any man to fetch Salem Tragoſoeum (Troy ſalt) but when as King Liſimachus made them pay for it, ſtraightway the ſault vaniſhed away: but afterwards, hee wondering at that ſtrange alteration, hee made the place free agame, and the ſault alſo increaſed againe. Athenaeus lib. 3. cap. 1. reports all theſe hiſtories. And doe we not thinke then, that God miſlikes theſe couetous men, that for their owne priuate lucre and gaine, doe take Commons from men? Nay, if he plagued them, that thus dealt with Pagans, who were his enemies; doe we thinke that he will allowe of them that deale ſo hardly with Chriſtians and with his owne Children?Matth. 6. 9. Offic. lib. 1.
T…llie by the light of nature could ſay, Iustice vſed things common, as common; and things priuate as her owne: and ſhall not we much more doe ſo? But the men of our age, account it wiſedome to looke narrowly into Commons; and if men cannot ſhew good euidence for them, they take them away. The earth is ſubiect Rom. 8. 20. & 23.to our vanities, againſt her will, as Saint Paul teacheth vsus. And what is ſhe now then, doe we thinke, at our vncharitable ditches and hedges, made to the hurt of our brethren? And what theſe vanities are, Salomon may ſeeme to teach vsus, Eccleſ. 2. 4. 5. 6. 11.
Nay, God himſelfe may ſéeme by his ſecret prouidence (which no doubt doth gouerne all things: who, contrarie to the manner of the Jewes fields, hath entermingled our Lands together) to hauehave forbidden this our incloſure. No man almoſt can Incloſe in Champian countries, with out great exchange: and doe we thinke that this intermingling our Lands thus together, was done in vaine? God alſo by that miraculous moouing of the ground at Kinnaſtone in Herefordſhiere, may ſéeme to hauehave condemned Incloſure: no doubt it taught ſome thing. The ground mooued Stow Anno Dom. 1571. Anno E…z. 13.from his own place, carying ſheepe & ſheepecoats with it, and trees and high waies: it ouerthrew Kingſton Chappell, and changed Tillage into Paſture. Howſoeuer ſome here will giuegive their naturall cauſes, or make no account hereof; héere was plainely the hand of God, and his extraordinary working for our learning: this thing chaunced not in vaine. And the like ſtrange alteration vponupon the earth, is wrought by Incloſers. They change auncient and accuſtomed high waies, they turne Tillage into paſture, they carrie ſheepe and Shéepeheards with them. And Churches nowe in many places, thorough depopulation, may become Chappels; Incloſers hauehave ſo greatly diminiſhed Gods people. Nay, the Caterpillers which God ſent, not many yéeres ſince, on thornes and hedges, which did eate off all the leaues of them in ſummer, may they not ſéeme to condemne Incloſers? GOD hath by many miracles condemned the ſinnes of our age. As our couetouſneſſe by a childe that was Ruland. de dente auree.borne with a golden tooth. And why may he not condemne this our couetous incloſing, and exchanging the auncient cuſtomes and vſes of the earth, euen by this miraculous and ſtrange mouing thereof?
Sir Thomas Moore a great common-wealths Lib. 1. V. topia.man, and very expert in the lawes of England, writes thus of Incloſure. Your ſheepe I ſay which were wont to be milde and gentle, and to be fed with ſo ſmall coſt, now as it is reported hauehave begun to be ſo wild & rauenous of late, that they eate vp euen men, and that they make waſte and depopulate townes. For, in what parts of your Realme growes finer wooll, and therefore of better price, there Noblemen and Gentlemen, yea and ſome Abbots (holy men I aſſure you) not being content with the yearely rents and commodities, which were wont to be payed out of farmes vntounto their anceſtors; and not content, themſelues to liue idlely and pleaſantly, and to doe no good to the common wealth, vnleſſe alſo that they ſhould hinder and hurt it; that they may leaue nothing but reape all commodities into their owne hands: They incloſe all their paſtures, they pull downe houſes, they ouerthrow townes, leauing the Church onelyonly for to croowe vp their ſheepe in. And as though your forreſts and parkes had not ſpoyled ground enough amongst you, theſe holy men turne into a wildernes all dwelling houſes, and whatſoeuer heretofore hath beene tilled. And therefore one inſatiable glutton and most pestilent plague to his Countrey, ioyneth fields together, that he may incloſe within one hedge ſome thouſand acres. The husbandmen are either thrust out of their inheritances, or elſe being by craft beguiled, or by force oppreſſed, or depriued of them, or elſe wearied with iniuries and compelled to ſell them. Therefore howſoeuer theſe wretches doe flit, men, women, husbands, wiues, blinde men, and widowes, fathers with their young children, with a greater, than a rich family (for husbandrie ſtands in neede of many) they flit I ſay from their knowne and accuſtomed dwellings, and they can finde no place where to put in their heades; They ſell all their ſtuffe when as they muſt needes be thruſt out, (which is not worth much if that they could tarry and get a good chapman for it) they ſell it I ſay almoſt for nothing. And when as by wandring a while they hauehave ſpent that, what muſt they needs doe then, but either ſteale, and iuſtly be hanged for their labours, or elſe wander vp and downe and begge, and then alſo are caſt into priſon as vagrant perſons, ſeeing no man will ſet them a worke, when as they doe moſt willingly offer their ſeruices? For now there is nothing to be done about husbandrie, wherein they hauehave beene brought vp all their liues, when as there is nothing ſowen. For now one Sheepeheard, and one Neat-heard is ſufficient to looke to that ground with cattell, to the tillage whereof, that it might beare corne, many mens hands and labours were required. And by this meanes it commeth to paſſe, that in many places Corne waxeth very deare.
We may note here firſt, how that Sir Thomas More, being a Papiſt, yet touched this ſinne, euen in Abbots, and that in the darkenes of Poperie: and ſhall not we condemne it in the light of the Goſpell? Secondly, he affirmes that it makes beggers, and that it makes théeues, and cauſeth a dearth of corne in our land, nay, it pulleth downe Townes. If in his daies it wrought theſe miſchiefes, when as it began but to ſet in foote into this Common-wealth: what hath it done ſince, which hath growne to the very heart thereof? nay, what will it doe in the ende, if it procéede as it hath begun, if ſome ſtay and remedie be not had? It will no doubt begger and quite decay the Common-wealth of England. How many farmes now, ſtand emptie ſince Incloſers began; or onelyonly with ſome ſeruants in them; which dare giuegive nothing not knowing their maiſters pleaſure? ſo hoſpitalitie is quite thereby decayed. How many poore men lacke worke, as threſhers; and poore women, as ſpinners; and doe complaine for lacke of their accuſtomed workes? and how many poore mens children are inforced to begge or elſe liue idely, which heretofore where tillage was maintained were taken into ſeruice, to driue the plough, or to keepe cattell, & thereby in time grew to be good members in the Common-wealth, which Incloſers néed not.