passed before that the labour of Culture was the first work injoyn'd unto man after the fall renewed upon the renewing of the world in Noah and his posterity that it hath been highly honoured and priviledged amongst all Nations that it is most pretious in the esteeme of our lawes and government and with what circumspection watchfulnes his gracious Majesty and his honorable Councell have proceeded for the upholding maintaining of it and punishing all sorts of delinquents against it Will it not well beseeme them to make themselves fitly deserving and worthy of so great a favour The way to do it is to act their part of distributive Iustice in bringing their corne and graine chearfully into the Markets for supply of the poore and others at reasonable prices and not to hide and hoard it up to expect nay to make and raise up a dearth Sect. 63 I cannot choose but under favour tell them their fault ingens crimen a very great fault they are growne to be the common favourers of Forestallers and Ingrossers and fosterers of an unruly generation of Maltmakers and by consequence of a pernicious number of Alehouses who have all a dependency one upon the other It is a common practice Et malum quo communius eo pejus for a Malt-maker to resort to a farmors house after a scrutiny made what store of barly he hath in his hands and possession he presently deales with the husbandman to bring a sample of it to market in a quantity of foure or five bushels and there he will bargaine for all the rest in mow or barne though it be five hundred quarters to be threshed out and brought home to his house vainely flattering himselfe with this conceipt that because the compact was made for it in the marker and earnest there given it is a lawfull buying and not within the compasse of forestalling or ingrossing Pereant artes artifices Let all such who by these wilie and wicke subtilties goe about to Circumvent the true intention of the Law perish with their owne devices as it is the tricke of a forestalling Maltmaker so is it as frequent with Bakers Badgers and other forestallers of Wheat and other graine at the houses of husbandmen Sect. 64 This evill hath so long dwelt amongst us that the offendors are ready to prescribe use and custome they have been well met withal in the County of Norfolke and other places by severall Censures and Decrees of the honourable Court of Starchamber made in the terme of S. Michaell in the seventh yeare of his Highnesse Raigne one especially xxiij of November in the same terme whereby some delinquents were sentenced for contracting with Corne-masters upon market dayes for great quantities of Corne and afterwards causing the same to be brought home to their houses as by the decree of the Court may appeare It hath not onely infected those parts but like a venemous humor hath spread its infection through the veynes of the body of the whole Kingdome and poysoned almost the life bloud of government especially in many parts of our Westerne region where it hath crept into borough Towns and Corporations and there sojournes in the houses of Magistrats and Aldermen who being expresly required by his Majesties Articles and directions published for the good of his people in the yeare 1630 to take care for the suppressing of Maltsters did in affront thereunto take up and exercise the trade themselves having great means and other trades to live by Sect. 65 Wheresoever there are excesse of Maltsters there will be a greater excesse of Alehouses and I may be bold to say that the one ingenders the other but it is a spurious and unlawfull birth and brood The Maltster commonly trusteth the poore Ale-house keeper with a brewing of mault before hand upon some slender security the vent of that must usher in and pay for the next and so still keep a course beforehand and it is very frequent that one Maltster hath under his protection and command at least sixe or seven tiplers either by connivence or unlawfull licence that shall most of them utter for him at least thirty bushells of mault a weeke one weeke with another So outragious is the one in his oppression by forestalling and ingrossing and so wastfull and disordered the other in their inordinate tipling that scarce can a poore man buy a peck of barly in a market day for his money and not five barley loves for the sustenance of a hungry multitude if neede required to bee found in a whole Country Sect. 66 This mischiefe would be prevented if the Farmers and Husbandmen would decline all sinister contracts with such kind of men and not sell and deliver their Corne at their private houses but with cheerefulnesse bring it into the open market Emporium est optima aestimatrix rerum No kind of Graine Victuall or other vendible mercimony can be so truly valued and estimated as in Faires or Markets overt where there is a plentifull concourse of buyers Markets are either by grant from the King or by ancient prescription The Common Lawes of this Land have ever had the well using and ordering of them in great esteeme To which end and purpose the office of Clarke of the market being very ancient was first ordeyned to take care and to view and inquire that all weights and measures bee agreeable to the Kings Standard in his Exchequor at Westminster and that all Corne and Victuall be sold by such and by no other and diverse good Lawes have been made for appointing and observing the assize of bread and beer according to the prizes of Corne in the markets adjoyning Of these things I have more amply treated elsewhere Sect. 67 The husband man must not onely bring his Corne into the market but he must send the best and not the refuze he must not sell it in a pinching scant or deceitfull measure he must not keepe it up in muzled bags in the market for colour and a showe only and not with any intention to set it to sale he must not use any art or shift to inhaunce the price of his Corne and rather then he will sell it at the ordinary price in the market slide it into some privat corner to remaine for a dearer sale It is not long since that a Country man standing by his Corne in a market and observing the price that day to bee more moderate then his covetuos mind expected did with some fury and indignation close up his bags conveigh them away and fearefully sweare that he would keepe his Corne till Mice had devoured it rather then he would vent it at the rate of the market Against all false decitfull and hard hearted sellers the Prophet Amos denounceth a woefull Commination rowsing them up first with Audite hoc qui conteritis pauperem deficere facitis egenos terra Dicentes Quando transibit messis venum dabimus merces Et Sabbatum aperiemus
wast ground the Lord by the Law may inclose part of the waste for himselfe leaving neverthelesse sufficient Common with egresse and regresse for the Commoners And it is called approvement appruamentum that is to make the best benefit thereof by increasing the rent And if the Lord doth approve his waste not leaving sufficient Common for the Tenants the Law gives them a remedy against the Lord by writ of assize But my ayme is at inclosing of common fields used to culture and converting them into pasture whereby one grand offence and inconvenience not yet formerly mentioned doth arise The stopping and straightning of the Kings high wayes For whereas by the Statute of Winton 13. Edw. 1.5 It was commanded that high wayes leading from one Market Towne to another should be inlarged where bushes woods or dykes were so that there should be neither dyke tree nor bush whereby a man might lurke to doe hurt within two hundred foote of the one side and two hundred foote of the other side of the way except Ashes or great Trees By the meaning of which Law the Kings high waies which the Common Law had ever in high estimation were to be of such sufficient breadth that three or foure Carts or carriages might well passe in range together without any stop or impediment Now in most parts of the Kingdome within the space of these forty yeares There have beene so much Circumseption and wounding in of common errable lands and fields abutting and adjoyning to high waies by Tenants with consent of the Lord of the fee all partakers of the crime and the high waies thereby so streightned that in many places but one Cart and not without some danger and difficulty can passe and scarce two horsemen side by side without climing upon side bankes whence these inconveniences and mischiefes must needs arise 1 A great danger to his Majesties Subjects in being exposed to assassinations and robberies with little possibility to avoide or resist them by reason of the narrownesse and incombrance of the wayes 2 As great a danger to his highnesse leige people who upon necessitated occasions either for his highnesse publik service or for common entercourse and trafficke being upon the height of speed which brooks no delaie Omnis nimium long a properanti mora est doe oftentimes in streight and narrow lanes I cannot terme them waies for the way aswel as the word are become diminutives via is turned into viculi meete with countercourses and are ready for want of competent spatiousnesse which might decline the suddaine distresse rashly encounter each other to the perill of their limbes or lives 3 A manifest impairment or population of the waies themselves doth this straightnesse produce and thereby not onely makes them unpassable upon some unseasonable times weather to the great trouble and impediment of the Subjects who are inforced to compasse their journey with much tediousnesse through private grounds and other by-wayes But it doth also exhaust from the poore neighbouring Inhabitants a farre greater and more frequent charge of reparations then if they had the Statute allowance of latitude the often pressures and treadings in one tract wil sooner founder a way then if there were variety and choice of tracts which would be supplied in breadth according to that law of Winton if inclosures were not in the way Sect. 37 All the mischiefs and miserable inconveniences before cited I shall reduce in one distick Rex patitur patitur clerus respublica pauper Et non passurus depopulator erit Rex patitur The King suffers 1 First in his Royall Majestie he cannot number so many strong and able men as he might doe if tillage had its ancient esteeme In the multitude of people is the Kings honour but in the want of people is the destruction of the Prince In pautitate plebis ignominia Principis Prov. 14.28 It was the lamentation of Ierusalem Lamen 1.1 How doth the City sit solitary that was full of people how is shee become as a widow Amongst people the husbandmen are noted to be homines strenuissimi the strongest men and fittest for any labour whence Seneca observed Nullum laborem recusant manus quae ab aratro ad arma transferuntur Their hands refuse no labour who from the exercise of the Plow are trayned to the field The Law therefore of 39. Eliz. ca. 1. doth excellently set forth That the strength and flourishing estate of this Kingdome hath beene alwaies upheld and advanced by tillage and people thereby multiplied for service both in times of war and peace and by the decay of it the defence of the land against forreigne enemies have been feebled and decayed 2 Secondly in the meanes and maintenance of his imperiall state and therefore a depopulator may bee well called depeculator a robber of the Kings treasury for it must of necessity be diminished and farre shortned if sufficient Families who were able to pay subsidies fifteenes and other duties to supply the KINGS necessities aswell for the support of his regality as for the defence of the Kingdome bee utterly decayed and disabled And it is a common practice with Landlords and others to keepe tenements in their hands and insteed of Subsidies to pay the King with Certificates It is the prudent policy of a Prince in the time of peace to make provision for the maintenance of warre Nulla quies gentium sine armis the peace of a Nation cannot be without an army No armies without Souldiers no Souldiers without salaries no salaries without tributes and taxes to the Prince And where there are no people there can be no paimēts and then the desolation of a Kingdom must needs follow which I hope our Nation shall never see Sect. 38 Patitur Clerus The Church suffers 1. in the decay and ruine of materiall temples oratories chappels and houses of religion 2. abating and diminishing the number of painefull and learned Pastors 3. in robbing God and his holy Church of tythes both personall and prediall for where Towns Parishes and Villages are dispeopled there must be a failing of personall duties And where errable lands are converted into pasture there must needs insue a diminution of predial tythes sheep do never yeeld so much profit and advantage to Gods Ministers as the sheafe this is commonly sure to be paid in kind In the tything of the other which consisteth in wooll and lambe there are many slights and subtil deceipts of late crept in and many devices started up by covetous and ill disposed persons They will either shift away their sheepe from one place to another and sometimes upon a petty composition with a neighbour incumbent from one parish to another and so incumber the tything for the fall of Lambes and set a variance betweene the Ministers or they will sell their sheep a little before the time of shearing and so cheat the Minister of his dues in the title of wooll And to countenance this pillage some strange prescription
day or another cleave unto them their houses their families and posterities without true repentance satisfaction and restitution and they must know it is not a light errour but as the Poet hath it Sape error ingens sceleris obtinuit locum It is a stupendious error and hath ever equivalence with a hainous crime They must not thinke that such a grand transgression against the Majestie of Heaven his pious and prudent Vicegerent here on earth against the Church the State and poore can bee expiated by a Parlor sermon of a stipendary Schoolmaster who must sow downe under his Patrons Elbowes Vlcus est ne tangas he must not touch this maladie for feare he should lose his Salarie no nor with their pettie almes at stinted times of solemne festivities when every mans hands are open the give Ad aliud remedium recurrendum est They must resort to other Physitians true penitence and her two companions mentioned before Sect. 48 Their offence is grievous and aggravated by the example It is observable that omne grave grassans malum aliquem semper in populo principem habet There is not any great and growing evill but hath ever some Prince I meane some great man to be an example a patron and protector of it If a meane man bee like to bee questioned for ruinating a house of husbandry or translating culture into pasture he is readie presently to stop the mouth of authority with an exprobration of his great Ring-leader President You saith he can look upō me upō my petty slips why should not I for my own private profit advantage do this as well as such as have no need and yet suffer many houses together to decay not habitable nor hospitable naming and meaning their great Princes and Patternes of this evill So that this great one either by parity in authority or by alliance in bloud affinitie or some other respects is so neare upon the eye of Countrey Iustice that the object commonly hinders the sight and because the greater cannot the lesser must not bee seene The greater breake the Net and hold off ordinary power so all scape together impunè if it were not for Superiour Iurisdiction Sect. 49 I speake it knowingly doe appeale to the whole Kingdome How many carefull dictates and remembrances have beene yearely delivered by the right honourable Lord Keeper from the mouth of his sacred Majestie in the greatest threshing floore of our Nation to the Reverend Iudges and others before their addresse unto their severall Circuits requiring them to take speciall notice and inquiry of this grand evill And in pursuance thereof how earnest and sollicitous have those noble Iusticiaries beene in their charges and directions to the Iustices of the Peace and the body of the county the grand Iurie strictly to inquire after and present those offences was there ever any presentment or indictment effectually prosecuted against them without which the judges could work little reformation Might not the single-hearted eye of one body behold a depopulator upon the Bench when the many eyes of that County body either for feare favor self-guiltinesse or other by-respects or neglects did over-looke him The meanest Country capacity in every County understands what I meane and therefore I represse my selfe from pressing this point any farther upon the Country lest I be shent from my labour Sect. 50 Yet passurus est Depopulator He must suffer in this world by the temporall stroke of Iustice for where inferior Courts leave him Superior finde him I have before touched upon distributive Iustice and her opposite privative injustice The Philosophers divide distributive justice into remunerative and punitive This kind of Iustice observeth a geometrical proportion It doth not barely and absolutely regard the equality of things as Iustice cōmutative doth rei ad rem ut tantum quis reponat quantum accipit that is to deposite to all persons alike in commerce the price for the thing and the thing for the price but shee keepeth her equality according to the diversities of circumstances and the differences of persons to bee rewarded warded or punished In wars more reward is to be given to a Captaine in respect of the trust and weighty care of his place and the dignity of his person then to a common Souldier And if he offend he must looke for a proportionable punishment according to the circumstances of his offence and the quality of his person and place Omne animi vitium tanto conspectius in se Crimen habet quanto major qui peccat habetur As the example of an offence in a man of eminence and trust in the Common wealth doth not onely scandalize the government of a State but ministers an occasion of liberty to others of meaner ranke to commit the like or worse who are ever most prone and forward to run with a multitude soothing themselves w th a vaine and false opinion that multitudo errantiam parit errori patrocinium So the punishment of such a person must bee in all things exemplarily proportionable Sect. 51 Some would have jus talionis to be part of this Iustice Ius talionis is either simplex or proportionale It is simply taken when the same or the like is rendred as was taken away an eye for an eye and a tooth for a tooth Taken the other way it is compensatio bonorum malorum facta proportionaliter a proportionable compensation of good and evill and is most necessary in every Christian common weale This compensative part of distributive Iustice without farther distinctions I will give it that appellation hath beene constantly practised for many ages in this famous Iland According to the rule of this justice was that constitution of Fredr Caesar before remembred made for the protection and vindication of husbandry which limits a quadruple restitution of the things taken away for the comfort and compensation of the party greeved And for satisfaction of the Law against the offendor nigro carbone notatur he is branded with infany ipso jure in the place of a vae so often pronounced by the Prophets and in steed or resemblance of the Parable and Proverbe threatned by the Law in Deuteronomie and denounced by Ieremy and Mich. And hee is to undergoe an arbitrary censure at the will of the Emperor According to this Iustice the Lords and others in the high Court of Starchamber have ever used to proceed and ground their sentences against delinquents of this and the like nature Sect. 52 In Michelmas terme 10. Car. Vpon an information exhibited by his Majesties Attourney generall against a gentleman of note and worth for Depopulation converting great quantities of land into pasture which formerly for the space of about forty yeares had beene arrable used to tillage and occupied as belonging to severall farme houses or houses of husbandry and suffering the farme houses with their outhouses to bee ruined and uninhabited and a water-grist Mill to decaie and goe to