Depopulation
ARRAIGNED
,
CONVICTED
,
AND
CONDEMNED
.
I
Have
in
another
Treatise
handled
the
grand
offence
of
Forestallers
and
Ingrossers
of
Corne
,
and
therein
touched
his
Highnesse
carefull
directions
,
and
just
proceeding
,
against
them
;
I
shall
now
presume
to
adde
one
debt
more
unto
the
remembrance
of
his
Majesties
many
and
memorable
deeds
of
impartiall
Iustice
,
his
zealous
and
indefatigable
care
often
commended
,
and
charged
to
his
Counsellors
of
State
,
for
rooting
up
and
extirpation
of
that
crying
sinne
Depopulation
,
and
the
thrice
honourable
proceedings
of
his
highest
judicatorie
Court
against
some
delinquents
,
and
his
Majesties
no
lesse
goodnes
in
addressing
severall
Commissions
(
according
to
former
presidents
,
of
his
most
noble
progenitors
)
into
most
part
of
his
kingdome
,
for
the
more
absolute
discovery
of
this
monstrous
overgrowne
evill
,
which
I
may
well
terme
peccatum
Camelinum
.
Sect.
1
It
is
an
offence
at
the
Common
Law
:
For
so
it
appeares
by
the
Statute
of
39ᵒ.
ELIZ.
1ᵒ.
(
hereafter
cited
at
large
)
that
the
decaies
of
townes
and
habitations
,
have
beene
,
by
the
ancient
lawes
of
this
Realme
,
esteemed
an
high
offence
.
And
by
the
decree
of
the
Starre-Chamber
,
which
I
shall
handle
in
its
due
place
,
Offences
of
that
nature
are
punishable
at
the
common-Law
.
That
it
is
a
publike
and
popular
offence
,
who
can
deny
?
Then
being
popular
,
and
an
offence
at
the
Common-Law
,
it
might
and
may
bee
inquired
at
the
ancient
Courts
of
Leet
or
view
of
Franckplegde
.
And
though
it
be
now
in
this
age
growne
Gyant-like
without
a
proper
name
,
save
what
the
deplorable
issue
and
fruit
of
its
prodigious
birth
doth
render
(
Depopulation
;
)
and
though
by
connivence
and
impunity
in
former
times
,
it
is
now
growne
so
huge
,
that
the
proportion
of
remedy
must
exceed
the
ordinary
verge
of
Iustice
,
and
appeale
to
the
highest
seat
,
yet
fit
it
is
,
that
the
discovery
thereof
should
be
revived
,
and
injoyned
within
the
inquisition
of
the
Leet
.
Sect.
2
The
inquiry
of
Forestallers
,
and
such
like
miscreants
,
began
to
languish
and
to
bee
disused
in
those
Courts
,
untill
his
Majesties
gracious
directions
did
put
life
into
it
.
And
certainly
if
the
inquiry
of
this
growing
evill
had
at
those
ancient
meetings
beene
from
time
to
time
observed
,
it
had
not
mounted
to
so
monstrous
a
growth
.
Sect.
3
Whether
the
Forestaller
and
Ingrosser
,
or
the
Depopulator
,
be
the
heaviest
in
the
scale
,
both
being
the
spawne
of
that
bloud-sucking
Cynomyia
covetousnesse
,
might
at
first
apprehension
seeme
doubtfull
;
But
if
,
to
shut
and
close
up
the
wombe
of
the
earth
,
communis
reipublicae
matris
,
from
bringing
forth
any
increase
at
all
,
bee
a
worse
sinne
than
the
hiding
and
hoarding
up
of
her
fruits
after
it's
birth
;
then
is
the
one
more
pernitious
and
intolerable
then
the
other
,
both
too
bad
,
neither
of
them
worthy
of
the
least
indulgence
,
for
both
are
horribly
guilty
of
privative
injustice
.
And
if
the
curse
be
denounced
against
that
,
Qui
abscondit
frumentum
maledicetur
in
populo
,
Pro.
11.26
.
it
must
needs
,
fall
heavier
upon
this
.
Depopulation
is
praefocatio
matricis
,
a
strangling
or
choaking
of
the
wombe
,
and
causing
an
utter
sterility
.
The
other
forestalling
and
ingrossing
,
is
suffuratio
partus
matricis
,
a
privie
stealer
(
though
a
publike
enemy
)
of
the
birth
of
the
wombe
,
both
Monopolists
,
and
both
Foster-fathers
of
miserable
Famine
,
this
preventing
a
plenty
,
that
raising
a
dearth
,
and
scarcity
in
the
time
of
plenty
.
Sect.
4
I
am
not
here
to
deale
with
those
,
whom
the
Civilians
call
Nocturnos
Depopulatores
agrorum
,
invaders
of
other
mens
possessions
in
the
night
,
whom
it
was
lawfull
to
kill
if
they
resisted
,
Liceat
occidere
propria
authoritate
;
but
with
an
offendor
of
a
farre
worse
nature
.
That
being
an
open
enemy
,
may
be
easily
resisted
or
prevented
:
this
under
a
Maske
and
visage
of
his
owne
private
,
destroyeth
the
publike
good
.
It
is
like
the
biting
of
an
Aspe
,
a
little
Serpent
in
Affrick
,
which
takes
away
the
life
of
him
whom
it
bites
in
a
kinde
of
swowne
,
sensibus
sinè
sensu
deficientibus
.
Before
I
can
well
proceed
in
deciphering
the
odious
conditions
of
that
abominable
sinne
of
Depopulation
,
I
must
render
a
definition
and
description
of
it
.
The
word
is
not
obvious
to
the
understanding
of
those
whom
it
most
concernes
and
offends
,
that
is
,
his
Highnesse
liege
people
,
versed
and
imployed
in
rurall
affaires
of
Husbandry
.
Sect.
5
Depopulation
hath
its
Etymon
from
the
preposition
De
,
and
the
verbe
Populor
,
which
singlie
signifies
and
imports
to
robbe
and
spoile
people
,
to
waste
and
destroy
Countryes
.
Seneca
tells
us
,
Cura
populatur
artus
,
Care
consumeth
the
joynts
:
and
it
is
aggravated
by
the
word
(
De
)
which
imports
ablatively
,
in
and
by
some
unlawfull
act
,
and
the
consequence
and
effects
of
that
unlawfull
act
,
by
the
privation
of
some
lawfull
and
common
good
.
To
describe
it
more
plainely
,
it
robbes
and
pilles
the
people
of
their
due
meanes
and
maintenance
,
and
thereby
disables
them
both
in
body
and
state
from
performing
their
service
,
and
leige
obedience
,
immediately
to
their
Prince
,
and
mediatly
to
the
Common-weale
;
By
which
I
meane
,
Clergy
,
and
Laiety
:
And
it
alters
the
quality
of
the
people
;
from
good
Husbands
,
it
makes
them
houselesse
and
thriftlesse
,
puts
them
in
a
course
of
idlenesse
(
the
mother
of
mischiefe
,
and
bane
of
all
rule
and
order
.
)
So
as
they
become
aliens
and
strangers
to
their
nationall
government
,
and
the
kingdome
by
that
meanes
in
a
manner
dispeopled
and
desolated
.
Sect.
6
The
unlawfull
wayes
and
meanes
by
which
this
grievous
desolation
is
wrought
,
are
next
to
be
considered
;
It
is
not
by
any
invasion
,
sacking
or
ransacking
of
places
or
people
,
by
any
forraigne
enemy
,
but
by
a
bosome
and
home-bred
enemy
,
either
by
an
actuall
,
violent
,
and
voluntary
rasing
and
demolition
of
mansions
and
houses
of
habitation
,
or
a
carelesse
and
negligent
suffering
of
them
to
decay
,
and
to
bee
unhabitable
,
or
by
inclosing
,
and
hedging
in
Common
fields
,
and
converting
errable
into
pasture
.
Sect
7
The
Persons
Actors
in
this
oppression
are
(
though
they
draw
in
by
their
example
other
inferior
persons
)
griping
and
avaritious
Land-lords
,
who
commonly
suffer
ancient
demiseable
tenements
,
to
fall
into
their
hands
,
and
so
retaine
them
without
granting
further
estates
,
at
conscionable
fines
;
and
then
wilfully
,
or
negligently
decay
the
houses
,
and
either
keepe
their
grounds
in
their
owne
,
or
a
Bay
liffes
manurance
,
or
let
it
out
by
severall
parcells
,
at
rack
and
extreame
rents
,
to
severall
persons
;
who
to
make
the
best
of
a
bad
bargaine
,
are
inforced
(
for
want
of
the
entierty
of
a
Messuage
,
or
farme
to
maintaine
a
Plough
.
)
to
turne
Tillage
into
pasture
,
and
thereby
onely
keepe
a
few
Sheepe
and
a
Cow
.
Sect.
8
The
subject
of
this
sinne
is
,
houses
and
lands
.
A
house
by
the
Civilians
is
called
Mansus
,
and
doth
consist
of
foundation
,
wall
and
cover
;
in
our
French
Law
Maison
,
and
in
our
legall
latine
Messuagium
,
which
containes
the
buildings
,
Curtilage
,
Orchard
,
and
Garden
;
and
Messuage
consists
of
two
things
,
land
and
structure
.
And
though
before
the
building
,
it
was
but
land
,
yet
when
the
edifice
is
erected
,
then
is
it
called
a
Messuage
:
And
albeit
the
structure
bee
afterwards
utterlie
ruinated
,
Et
aequata
solo
,
yet
for
dignities
sake
,
in
regard
it
was
once
a
place
of
habitation
,
which
is
highly
esteemed
in
the
Law
,
it
shall
have
no
more
the
name
of
Land
,
but
bee
called
a
TOFTE
,
(
that
is
)
a
place
wherein
a
house
had
beene
.
Sect.
9
Land
or
earth
,
Terra
in
the
naturall
sence
is
taken
for
the
embleme
of
mortality
,
terra
quam
gerimus
,
The
earth
or
earthly
Tabernacle
of
our
flesh
,
which
wee
beare
about
us
,
and
which
must
returne
to
earth
.
In
the
interpretation
of
the
Law
it
doth
comprehend
any
ground
,
soyle
or
earth
whatsoever
,
and
is
the
most
generall
name
of
all
sorts
of
soyle
:
But
properly
,
Terra
dicitur
à
terendo
.
The
earth
on
which
wee
tread
and
walke
,
and
must
make
use
of
the
fruits
and
increase
thereof
,
to
sustaine
and
support
our
houses
of
clay
,
and
yet
more
specially
à
terendo
,
quia
vomere
teritur
,
broken
,
bruized
,
and
worne
with
the
plough-share
.
As
the
Heavens
are
the
habitation
of
Almighty
God
;
so
the
earth
hath
hee
appointed
as
the
suburbs
of
Heaven
,
to
be
the
habitation
of
man
.
Behold
the
Heaven
,
and
the
Heaven
of
Heavens
is
the
Lords
,
the
earth
also
with
all
that
therein
is
,
Deuteronomie
10.
ver.
14.
Sect.
10
Agricolari
fuit
hominum
prima
conditio
&
status
:
even
before
the
fall
,
God
tooke
Adam
,
and
put
him
into
the
Garden
of
Eden
to
dresse
it
and
to
keep
it
,
Posuit
in
paradisum
voluptat
is
,
ut
operaretur
&
custodiret
illum
.
After
the
fall
and
the
expulsion
of
our
first
Parents
,
it
was
then
primum
opus
homini
impositum
propter
peccatum
.
Agriculture
was
the
first
worke
injoyned
to
man
for
sinne
:
God
then
gave
the
earth
to
man
with
limitation
and
condition
,
Gen.
3.17
.
Cursed
is
the
ground
for
thy
sake
,
in
sorrow
shalt
thou
eat
of
it
all
the
dayes
of
thy
life
.
19.
In
the
sweat
of
thy
face
shalt
thou
eate
bread
,
untill
thou
returne
unto
the
ground
:
for
out
of
it
wast
thou
taken
;
for
dust
thou
art
,
and
unto
dust
shalt
thou
returne
:
And
it
followes
.
23.
The
Lord
God
sent
him
forth
to
till
the
ground
from
whence
he
was
taken
,
Vt
operaretur
terram
de
qua
sumptus
est
.
The
grazing
of
heards
,
of
beasts
,
and
sheepe
,
are
part
of
Husbandry
;
Pars
rusticae
vitae
,
in
illis
qui
armenta
&
oves
pascunt
,
consistere
videtur
,
saith
the
Civilian
,
li.
24.
Syntag.
cap.
5.
Adams
two
sonnes
,
Abel
and
Cain
,
were
both
Husband-men
,
Abelcustos
ovium
,
Cain
agricola
,
the
one
a
keeper
of
Sheep
,
the
other
a
Tiller
of
ground
;
and
there
were
houses
,
habitations
,
and
Citties
built
by
them
.
Sect.
11
So
we
see
God
gave
the
earth
unto
man
,
terram
dedit
filiss
hominum
.
But
God
saw
the
wickednesse
of
man
was
great
in
the
earth
,
Gen.
6.5
.
He
therfore
by
a
generall
deluge
over
the
face
of
the
whole
earth
,
doth
cancell
his
former
gift
of
terram
dedit
,
with
a
proviso
of
preservation
reserved
to
Noah
and
them
that
were
with
him
in
the
Arke
,
Gen.
7.23
.
But
after
the
waters
had
prevailed
upon
the
earth
an
hundred
and
fifty
dayes
,
Genesis
8.1
.
God
remembred
Noah
and
every
living
thing
,
and
all
the
cattell
that
was
with
him
in
the
Arke
:
And
God
made
a
winde
to
passeover
the
earth
,
and
the
waters
asswaged
;
And
afterwards
the
face
of
the
ground
was
dry
,
Noah
and
his
family
by
Gods
direction
went
forth
.
20.21
.
And
every
beast
,
every
creeping
thing
,
and
every
foule
,
and
whatsoever
creepeth
upon
the
earth
,
after
their
kinds
,
went
forth
out
of
the
Arke
.
And
Noah
builded
an
Altar
unto
the
Lord
and
tooke
of
every
cleane
beast
,
and
of
every
cleane
foule
,
and
offered
burnt
offerings
on
the
Altar
;
God
accepted
the
sweet
favour
of
Noahs
thankfull
sacrifice
,
and
reneweth
his
former
grant
of
terram
dedit
by
a
strict
covenant
.
Nonigitur
ultra
percutiam
omnem
animam
viventem
,
sicut
feci
,
&c.
I
will
not
againe
smite
any
more
every
living
thing
as
I
have
done
:
Cunctis
diebus
terrae
,
while
the
earth
remaineth
,
seed
time
and
harvest
,
and
cold
and
heat
,
and
Summer
and
winter
,
and
day
and
night
shall
not
cease
.
Sect.
12
Thus
man
by
Gods
covenants
stands
seized
of
an
absolute
inheritance
in
fee
of
the
earth
,
the
best
of
the
foure
elements
,
Habendum
per
servitia
,
To
hold
in
capite
of
Almighty
God
,
as
of
his
Throne
of
Heaven
,
to
which
the
earth
is
but
a
footstoole
,
and
to
uses
too
,
dispensatores
,
non
dissipatores
;
To
be
Stewards
of
it
,
terram
colere
,
aras
excolere
,
to
till
,
manure
and
husband
the
earth
,
and
out
of
the
increase
thereof
to
build
,
polish
and
repaire
Altars
,
Churches
and
Oratories
for
the
God
of
Israel
,
and
to
maintaine
and
support
the
beauty
of
holinesse
,
and
to
give
unto
Gods
Ministers
,
the
sacred
Priest-hood
,
his
owne
reserved
portion
,
their
dues
and
duties
,
and
not
to
commit
any
spoile
,
waste
or
destruction
of
the
earth
,
or
the
inhabitants
thereof
.
Thus
wee
observe
that
the
first
institution
of
Husbandry
upon
the
earth
,
injoyned
by
God
for
the
sin
of
man
,
was
agriculture
,
tillage
,
and
must
bee
performed
by
the
worke
of
the
hands
,
and
sweat
of
the
brow
;
the
maintenance
of
the
Oxe
at
the
crib
,
and
the
pasturage
of
the
Sheepe
,
are
but
handmaids
to
doe
their
office
in
that
great
labour
,
The
Oxe
to
plough
the
ground
,
the
sheepe
to
compester
it
in
due
times
of
season
.
Sect.
13
The
end
and
fruit
of
Tillage
,
is
to
bring
food
out
of
the
earth
,
and
bread
to
strengthen
mans
heart
,
Psalm
.
104.15
.
all
sorts
of
victuall
or
sustenance
,
either
,
oyle
,
wine
,
or
any
other
foode
are
inferiour
to
bread
.
When
God
pronounceth
any
commination
of
famine
for
the
wickednese
of
the
people
,
it
is
by
breaking
the
staffe
of
bread
,
Ecce
ego
conteram
baculum
panis
in
Hierusalem
;
Ezec.
4.16
.
Behold
I
will
breake
the
staffe
of
bread
in
Ierusalem
,
and
they
shall
eat
bread
by
weight
and
with
care
,
and
they
shall
drinke
water
by
measure
and
with
astonishment
.
Sect.
14
This
worke
of
agriculture
hath
bin
universally
esteemed
in
all
nations
of
the
world
.
Among
the
heathen
Idolaters
(
who
had
a
glimmering
of
a
deity
)
many
of
them
in
the
variety
of
objects
finding
contentment
to
their
desires
,
forthwith
collected
that
to
be
God
,
which
had
given
them
such
contentment
,
from
whence
sprang
Idolatry
.
The
earth
and
the
fruits
thereof
were
had
in
so
great
honour
,
that
they
ascribed
a
kind
of
deity
to
it
.
Let
me
a
little
prosecute
the
fictious
allusions
of
Heathen
Poets
in
this
kinde
,
that
I
may
convince
the
earth-choaking
Christians
of
this
age
:
they
feigne
Coelus
(
further
they
doe
not
aspire
)
to
be
married
to
Terra
his
sister
,
by
some
called
Vesta
,
sive
quòd
omnibus
rebus
terra
vestiatur
,
sive
quòd
vi
sua
stet
;
either
because
the
earth
is
cloathed
with
all
things
,
or
because
it
subsisteth
of
its
own
strength
.
The
latter
seemes
to
be
borrowed
from
Ovid
,
Lib
:
Stat
viterra
sua
,
Ovid
l.
3.
Fast
.
vi
stando
,
vesta
vocatur
.
But
the
first
in
my
judgement
is
more
probable
.
For
vesture
(
vestitura
)
signifies
a
garment
,
and
in
that
sence
it
may
be
taken
;
for
grasse
,
corne
and
all
kinde
of
Trees
,
Woods
,
and
under-woods
,
are
as
it
were
the
comely
clothing
and
garments
of
the
earth
.
I
finde
in
an
old
Law
of
King
Inas
,
Lambert
Archaion
.
which
herein
I
shall
have
occasion
to
touch
:
Qui
decem
hidas
terrae
occupaverit
,
sex
hidas
frugibus
vestito
.
In
the
use
of
our
common
Law
,
it
is
taken
metaphorically
to
betoken
a
possession
,
or
an
admittance
to
a
possession
;
and
with
the
feudists
,
possession
it selfe
.
And
so
it
may
well
stand
according
to
Gods
grant
before
mentioned
;
terram
dedit
filijs
hominum
.
Sometimes
it
is
taken
for
the
profits
of
the
land
:
And
so
4ᵒ.
ED.
1.
Stat.
1.
intituled
extenta
manerij
;
Inquirie
was
to
be
made
pro
quanto
vestura
cujuslibet
acre
possit
communiter
appreciari
,
how
much
the
vesture
of
an
acre
is
worth
.
But
I
returne
to
my
poeticall
pedigree
:
They
further
feigne
,
that
in
this
marriage
Saturnus
.
Atlas
,
Ops
,
and
others
,
brothers
and
sisters
were
begotten
:
And
from
the
name
of
Coelus
they
derive
the
appellation
of
the
highest
heavens
:
Ab
cujus
nomine
miravarietate
formosissimum
,
supremum
Corpus
coelum
dicunt
fuisse
appellatum
.
Some
thinke
that
Ops
the
daughter
was
so
called
;
Quod
terrae
ope
vita
hominum
sustentatur
,
by
the
helpe
of
the
earth
,
the
life
of
man
is
supported
;
or
from
the
ancient
adjective
Ops
,
which
fignified
rich
.
For
the
people
of
ancient
dayes
,
whose
riches
did
especially
consist
in
Agriculture
and
cattell
,
did
adore
the
earth
by
the
name
of
the
goddesse
Ops
,
as
the
bountifull
Mistresse
of
their
wealth
;
they
also
feigne
Ceres
to
be
the
daughter
of
Saturne
and
Ops
,
and
to
be
the
first
Inventrix
of
fruit
and
tillage
,
whence
Virgil.
1ᵒ.
Geo.
Prima
Ceres
ferre
mortales
vertere
terram
Instituit
—
Ceres
did
first
direct
the
use
of
Iron
Plow
.
This
goddesse
was
sometimes
called
Thesmophoros
(
i.e.
)
legum
latrix
.
For
some
would
have
the
originall
of
lawes
,
for
metes
and
boundaries
,
and
right
of
property
,
to
begin
with
the
use
of
Tillage
and
Husbandry
:
Coeptum
est
de
agrorum
finibus
(
qui
antea
nulli
erant
)
disceptari
:
Then
the
limits
and
bounds
of
fields
(
which
were
not
before
)
began
to
be
in
question
.
And
certaine
it
is
,
the
occasion
of
Tillage
and
Corne
,
begat
the
more
frequent
use
of
distinctions
,
Land-markes
and
boundaries
.
Sect.
15
As
I
said
before
,
the
people
in
those
blind
dayes
,
were
ready
to
make
a
god
of
that
,
which
gave
them
a
present
content
.
Dimensiones
terrarum
terminis
,
positis
vagantibus
ac
discordantibus
populis
pacis
utilia
praestiterunt
:
The
allotting
and
bounding
of
land
,
did
yeeld
the
profitablenesse
of
peace
,
unto
wandring
and
disagreeing
people
.
The
luxuriant
fruition
of
peace
,
by
this
meanes
made
them
fancy
,
and
frame
to
themselves
the
worship
of
an
Idoll
called
Terminus
,
to
whom
they
offered
up
their
sacrifices
in
the
month
of
February
;
Numa
Pompilius
the
second
King
of
the
Romans
after
Romulus
,
having
made
a
publike
perambulation
throughout
the
kingdome
,
and
prefixed
private
limitations
and
bounds
,
betwixt
party
and
party
;
did
for
establishment
thereof
dedicate
a
Chappell
,
upon
the
top
of
the
Tarpeian
Hill
unto
this
Idoll
;
to
whom
the
people
by
way
of
sacrifice
brought
Cakes
,
pulse
,
and
the
first
fruits
of
the
field
.
In
the
embleme
of
peace
,
Agriculture
is
pourtrayed
as
her
Companion
,
sister
,
and
daughter
,
carrying
eares
of
corne
,
and
grapes
in
her
hand
.
Quae
comes
haec
spicas
manibus
quae
gestat
,
&
uvas
.
Agricultura
,
quid
illa
?
Fida
comes
pacis
,
soror
haec
,
&
filia
,
—
Sect.
16
Licurgus
of
Sparta
,
the
Lacedemonian
Law
maker
,
observing
what
great
emolument
the
study
and
industry
of
husbandry
did
afford
unto
the
publike
Weale
,
did
divide
and
farme
out
all
his
fields
unto
his
Citizens
;
that
thereby
laying
aside
all
private
envy
and
grudge
,
they
might
all
alike
share
in
paines
and
profit
together
.
Cato
the
elder
was
wont
to
say
,
that
the
choisest
men
for
strength
and
martiall
designes
,
and
that
imagined
least
mischiefe
,
had
their
off
spring
from
Husbandmen
,
ex
agricolis
nasci
.
It
is
reported
by
Suetonius
,
that
when
Domiti●●
the
Emperour
,
taking
notice
that
studio
colendi
vineta
,
negligerentur
arva
;
the
sollicitous
care
in
pruning
,
and
trimming
of
Vineyards
begat
a
neglect
of
tillage
,
commanded
all
the
vines
to
be
rooted
out
and
destroyed
.
The
remedy
was
as
bad
as
the
evill
;
his
care
of
husbandry
(
had
it
beene
singly
)
was
commendable
,
but
not
his
absolute
destruction
of
Vineyards
;
which
was
a
type
of
his
bloudy
persecution
of
Christians
,
and
was
intolerable
to
the
weale
publike
.
Amongst
the
Romans
,
Agriculture
grew
in
so
high
esteeme
,
that
the
Senators
themselves
would
put
their
hands
to
the
plow
.
And
it
never
prospered
better
,
than
when
the
Senators
themselves
plowed
:
Scipio
major
is
reported
by
Seneca
,
often
to
have
exercised
himselfe
in
Tillage
,
Vt
mos
erat
priscis
,
as
the
custome
was
;
and
was
wont
after
he
had
tyred
himselfe
with
rurall
labours
,
to
refresh
his
body
by
bathing
,
abluere
corpus
rusticis
fessum
laboribus
.
The
best
of
ancient
Orators
,
in
describing
of
liberall
,
Cic.
l.
1.
Offi.
and
illiberall
arts
and
sciences
,
tells
us
,
That
Omnium
rerum
ex
quibus
aliquid
exquiritur
,
nihil
agricultura
melius
,
nihil
uberius
,
nihil
dulcius
,
nihil
libero
homine
dignius
:
Nothing
better
,
nothing
more
plentifull
,
more
sweet
,
more
worthy
of
a
free
man
,
than
Tillage
.
Sect.
17
Let
us
survey
the
high
esteeme
of
Agriculture
,
and
Tillage
,
by
the
line
and
levell
of
the
ancient
government
in
this
kingdome
.
Amongst
the
lawes
of
King
Inas
,
whom
I
mentioned
before
,
and
who
began
his
raigne
in
the
yeare
of
Christ
712.
the
65
Law
is
de
fundum
occupantibus
,
and
is
to
this
purpose
;
Archaion
.
Qui
viginiti
hidas
terrae
possederit
,
is
migraturus
undecim
hidas
segetibus
satas
à
tergo
relinquito
:
Qui
decem
occupârit
,
is
sex
hidas
frugibus
vestito
,
&c.
Hee
that
was
possessed
of
twenty
hides
of
land
,
and
was
to
depart
thence
to
dwell
elsewhere
,
should
leave
behind
him
twelve
hides
sowne
with
corne
:
And
he
that
had
ten
,
should
leave
sixe
,
and
so
after
the
like
proportion
.
By
this
may
bee
collected
,
what
provident
care
those
times
had
for
maintenance
of
the
Plow
and
Tillage
.
Sect.
18
The
first
commencement
of
common
appendment
by
the
ancient
Law
of
this
Realme
,
was
to
maintaine
the
service
of
the
Plow
,
servitium
socae
.
And
therefore
the
Tenant
had
common
in
the
Lords
wasts
,
to
gaine
(
i.
e
to
till
)
and
to
compester
the
land
,
for
the
maintenance
of
tillage
;
which
was
much
regarded
and
favoured
by
the
Law
.
This
sort
of
land
was
anciently
called
hide
and
gaine
,
the
word
hide
signifying
such
a
portion
of
land
,
as
might
be
laboured
and
tilled
in
a
yeare
,
and
a
day
,
by
one
Plow
:
and
gaine
(
i.
e.
Quaestus
,
lucrum
;
)
Metonymically
from
the
profit
and
advantage
which
ariseth
by
Tillage
;
whence
the
Civilians
do
terme
Corne
and
harvest
fruits
,
Fructus
industriales
.
And
whereas
all
service
due
for
land
,
is
either
Knights
service
or
socage
:
The
word
socage
is
derived
of
the
word
soc
(
i.
e.
)
vomer
a
Plow-share
or
Coulter
.
Et
inde
(
saith
Bracton
li.
2.
ca.
35.
num.
1.
)
tenentes
qui
tenent
in
sockagio
sockmanni
dici
poterunt
;
co
quòd
deputati
sunt
(
ut
videtur
)
tantummodo
ad
culturam
.
The
tenure
of
socage
hath
more
priviledges
than
that
of
Knights
service
.
The
sonne
and
heire
of
a
socage
tennant
,
sockmanni
,
was
understood
to
be
of
sufficient
age
to
enter
to
his
land
cum
quindecim
compleverit
annos
,
whereas
the
sonne
and
heire
of
the
other
,
not
till
hee
attaine
the
age
of
21.
Glanvill
lib.
7.
ca.
9.
Sect.
19
The
common
Law
did
and
doth
preferre
errable
land
before
all
other
sort
of
land
.
And
therefore
for
its
dignity
is
named
in
a
Praecipe
upon
a
fine
,
and
in
a
writ
of
entry
,
before
meadow
,
pasture
,
wood
,
or
any
other
soyle
.
Yea
the
very
beast
of
the
Plow
,
averia
carucae
have
a
priviledge
.
For
in
the
old
Statute
,
de
districtione
Scaccarij
.
51.
Hen.
3.1266
.
It
is
provided
that
no
man
of
Religion
(
or
other
)
shall
be
distreyned
by
his
beasts
that
gaine
his
land
,
nor
by
his
Sheepe
for
the
Kings
debt
,
nor
the
debt
of
any
other
man
,
nor
for
any
other
cause
,
by
the
Kings
,
or
other
Bayliffes
;
but
untill
they
can
finde
another
distresse
,
or
Chattells
sufficient
,
whereof
they
may
levie
the
debt
,
or
that
is
sufficient
for
the
demand
,
except
impounding
of
beasts
,
damage
Fezant
.
By
the
Statute
of
Artic.
super
chartas
28ᵒ.
EDW.
1.
ca.
12.
The
King
willed
,
that
distresses
to
be
taken
for
his
debts
,
should
not
be
made
upon
beasts
of
the
Plow
,
so
long
as
a
man
may
finde
any
other
;
upon
this
Law
a
writ
is
founded
,
ne
quis
distring
atur
per
averia
carucarum
,
vel
per
oves
suas
,
Regist.
Brev.
against
those
that
shall
transgresse
,
and
impound
any
cattell
of
the
Plow
,
or
sheepe
,
contrary
to
that
ordinance
being
made
;
ad
communem
utilitatem
Regnì
,
as
the
writ
sets
forth
.
Sect.
20
To
compare
the
Lawes
of
other
Nations
,
amongst
the
ancient
Indians
,
Agricolae
were
the
second
degree
of
men
,
after
the
Philosophers
or
wise
men
.
And
when
all
the
Provinces
in
that
great
Country
(
being
by
some
noted
to
be
the
third
part
of
all
the
earth
,
containing
50000.
Townes
)
were
imbroyled
with
civill
Warres
;
amidst
all
their
hostilities
,
Strah
.
li.
55.
Agricolae
erant
sacrosancti
&
intacti
,
agrique
corum
,
&c.
the
Husbandmen
and
their
fields
,
were
priviledged
from
any
violation
or
invasion
,
and
they
had
the
happinesse
,
quietly
to
apply
themselves
unto
their
Plow
,
their
vintage
,
lopping
of
trees
,
or
their
harvest
labours
,
according
to
the
season
of
the
yeare
:
Arrianus
in
Indicis
.
Whence
it
may
be
probably
conceived
that
the
industry
of
the
people
,
as
well
as
the
fertility
of
the
soyle
was
the
meanes
,
that
the
earth
in
those
parts
brought
forth
its
fruits
to
maturity
twice
a
yeare
.
This
custom
of
the
Indians
grew
to
bee
part
of
the
Civill
Law
among
the
Romans
,
li.
2.
Synt.
Tit.
27ᵒ.
Sect.
21
It
was
the
constitution
of
Fredericus
Caesar
;
which
meetely
symphonizeth
with
our
common
Law
,
Agricultores
circa
rem
rusticam
occupati
,
dum
villis
insident
,
dum
agros
colunt
,
securi
sint
in
quacunque
parte
terrarum
:
ita
ut
nullus
inveniatur
tam
audax
,
ut
personas
,
boves
,
&
agrorum
instrumenta
,
aut
si
quid
aliud
sit
,
quod
ad
agrorum
rusticam
curam
pertineat
,
invadere
,
aut
capere
,
aut
violenter
auferre
praesumat
:
That
Husbandmen
versed
about
their
Country
affaires
,
whilest
they
abode
upon
their
farmes
,
and
whilest
they
tilled
their
grounds
,
should
be
quiet
,
or
safe
in
all
parts
of
the
land
.
So
,
that
none
should
be
so
hardy
,
as
presume
to
assault
,
take
,
or
forcibly
carry
away
,
their
persons
,
their
Oxen
,
and
tooles
of
Husbandry
,
or
any
other
thing
that
belonged
to
the
affaires
of
Husbandry
.
The
penalty
followeth
,
and
deserves
a
due
perpension
:
Si
quis
autem
hujusmodi
statutum
ausu
temerario
violare
praesumpserit
,
in
quadruplum
ablata
restituat
,
&
infamiae
notam
ipso
jure
incurrat
,
imperiali
arbitrio
nihilominus
puniendus
:
The
rash
and
insolent
violater
of
that
Law
was
to
make
a
fourefold
restitution
of
the
things
taken
away
,
to
be
accounted
infamous
by
the
Law
,
and
notwithstanding
to
be
punished
at
the
pleasure
of
the
Emperour
.
I
shall
in
its
proper
place
,
parallell
the
late
Decree
of
the
Kings
great
counsell
,
and
high
Court
of
Starre-chamber
against
Depopulation
,
with
this
imperiall
constitution
for
rurall
immunities
,
to
shew
that
no
Law
or
ordinance
never
so
strictly
contrived
,
hath
beene
hitherto
more
proportionably
and
conveniently
medicinable
for
this
sore
then
the
Arbitrary
proceedings
of
that
great
Court
.
Sect.
22
The
benefit
and
commodity
of
tillage
,
and
supporting
houses
of
Husbandry
,
will
best
bee
manifested
by
describing
the
inconvenience
of
Depopulation
,
Contraria
contrarijs
illustrantur
.
And
therein
I
shall
not
need
to
inquire
any
further
,
than
into
the
Statute
Lawes
of
our
kingdome
,
and
to
take
a
survey
,
as
well
of
the
preambles
,
and
the
reasons
therein
comprised
,
which
are
Medulla
legis
,
as
of
the
proviso
or
act
it selfe
,
which
is
(
I
may
terme
it
)
medicina
mali
;
where
the
symptomes
and
circumstances
of
diseases
,
either
corporall
or
politicall
,
are
not
first
discried
,
the
remedy
may
be
misapplyed
.
In
this
case
therefore
Optima
statuti
interpres
est
(
omnibus
particulis
ejusdem
inspectis
)
ipsum
statutum
.
King
Henry
the
seventh
,
Lord
Bacon
.
by
an
eminent
writer
of
his
life
,
is
highly
commended
for
the
lawes
enacted
in
his
time
,
to
advance
Husbandry
and
tillage
;
Though
the
common
Law
,
at
that
time
,
was
furnished
with
sufficient
power
to
defend
and
conserve
it
,
and
to
punish
the
delinquents
;
yet
that
being
lex
non
scripta
,
was
not
so
conspicuous
to
the
vulgar
eie
,
as
an
act
of
Parliament
made
by
all
the
three
States
;
whereof
,
as
every
man
hath
by
his
suffrage
of
electing
of
Knights
and
Burgesses
,
an
interest
in
the
making
of
it
,
so
he
may
the
sooner
take
notice
of
it
.
And
therefore
to
prevent
the
then
growing
evill
,
the
first
positive
Law
was
made
in
the
third
Parliament
,
4
He.
7.
ca.
19.
holden
in
the
fourth
yeare
of
his
raigne
,
ca.
190.
providing
penalties
against
decaying
houses
of
Husbandrie
,
or
not
laying
of
convenient
land
for
the
maintenance
of
the
same
:
Eodem
Anno.
ca.
12.
But
I
must
looke
backe
upon
another
Statute
,
the
same
time
,
Cap.
12o
0
which
was
made
to
rowze
up
the
remisse
and
misdemeaning
Iustices
of
peace
of
that
age
,
with
more
care
to
execute
their
Commission
,
to
redresse
injuries
,
and
maintaine
the
lawes
,
which
is
termed
by
that
learned
Writer
,
Monitory
and
Minatory
.
And
therein
amongst
other
enormities
,
which
did
daily
arise
by
the
impunity
of
murders
,
robberies
,
felonies
,
idlenesse
,
extortions
,
and
other
offences
,
it
is
expressed
,
that
the
Husbandry
of
this
land
was
decaied
,
whereby
The
Church
of
England
was
upholden
,
The
service
of
GOD
continued
,
Every
man
thereby
had
his
sustenance
,
Every
inheritor
his
rent
for
his
land
.
His
Majesty
then
did
therein
further
declare
his
consideration
,
that
a
great
part
of
the
wealth
,
and
prosperity
of
his
land
,
did
depend
upon
the
increasing
and
upholding
of
Husbandry
.
This
Statute
is
but
by
way
of
reflexion
,
and
strikes
at
this
evill
,
but
through
the
sides
of
the
Iustices
.
Sect.
23
That
which
followes
,
did
strike
more
home
to
it
(
i.
e.
)
the
Statute
ca.
190.
which
sets
forth
;
That
among
all
other
things
,
great
inconveniences
did
daily
increase
by
desolation
and
pulling
downe
,
and
by
wilfull
waste
of
houses
and
Townes
within
the
Realme
,
and
laying
to
pasture
,
lands
which
customably
had
beene
used
to
tilth
.
And
thereby
,
1.
Idlenesse
,
the
ground
and
beginning
of
all
mischiefs
,
daily
did
increase
:
For
,
where
in
some
Townes
,
200
persons
lived
by
their
lawfull
labour
,
they
are
now
occupied
,
by
two
or
three
heard-men
.
2.
Husbandry
,
one
of
the
greatest
commodities
of
the
Realme
greatly
decaied
.
3.
Churches
destroyed
,
and
the
vice
of
God
withdrawne
by
diminution
of
Church
living
,
decay
of
tithes
,
and
the
like
.
4.
Patrons
and
Curats
,
Gods
Ministers
wronged
.
5.
The
defence
of
the
land
against
forraigne
enemies
feebled
and
impaired
.
The
two
consequences
that
follow
of
these
inconveniences
,
Are
,
-
1.
The
displeasure
of
Almighty
God
.
-
2.
Subversion
of
the
policy
,
and
good
rule
of
the
land
.
For
remedy
whereof
it
was
enacted
;
that
if
any
owners
of
houses
of
Husbandry
,
which
had
beene
let
to
farme
,
with
twenty
Acres
of
land
at
least
,
or
more
lying
in
tillage
and
Husbandry
;
And
the
occupiers
did
not
maintaine
the
houses
and
buildings
convenient
for
upholding
the
said
tillage
;
The
Lord
of
the
Fee
had
power
to
receive
yearly
halfe
the
issues
and
profits
of
the
land
,
untill
the
houses
were
sufficiently
builded
or
repaired
againe
.
The
Statute
of
70.
of
HEN.
8.
ca.
1.
was
to
the
same
purpose
,
not
much
different
,
and
so
was
the
Stature
of
27.
Hen.
8.
ca.
22.
Sect.
24
But
these
acts
,
and
all
other
subsequent
acts
,
as
namely
,
the
act
of
5.
Edw.
6.
by
which
,
so
much
providence
was
had
for
the
supportation
of
tillage
,
as
that
Commissions
were
awarded
into
severall
Counties
,
to
enquire
of
the
offences
,
and
delicts
,
committed
contrary
to
the
tenor
of
that
Stature
;
And
the
acts
2.
and
3.
Phil.
and
Mar.
ca.
2.
by
which
the
Statute
of
4.
Hen.
7.
ca.
19.
was
revived
and
confirmed
,
and
Commissions
a
warded
to
certaine
persons
,
to
enquire
of
all
defaults
and
offences
committed
since
An.
20.
Hen.
8.
or
then
after
to
be
committed
,
contrary
to
the
tenor
of
the
fore-cited
Statutes
of
4.
H.
7.19
.
and
7.
Hen.
8.1
.
and
the
act
of
5.
Eliz.
2.
which
repealed
the
Statues
of
5.
and
6.
Edw.
6.5
.
and
2.
and
3.
Phi.
and
Ma.
2.
confirming
the
rest
,
were
all
repealed
39.
Eliz.
cap.
1.
And
thereby
explained
and
enacted
,
that
every
house
which
at
that
time
,
or
then
after
,
had
twenty
acres
(
to
bee
adjudged
according
to
the
ordinance
,
de
terris
mensurandis
)
of
errable
land
,
meadowe
,
and
pasture
,
or
more
,
thereunto
belonging
,
and
so
let
to
farme
for
three
yeares
together
,
since
the
beginning
of
the
Queenes
raigne
(
not
being
the
Castle
,
or
dwelling
House
of
any
Nobleman
,
or
Gentleman
,
nor
the
chiefe
mansion
house
of
any
Mannor
)
shall
be
adjudged
a
house
of
husbandry
for
ever
,
with
many
provisions
for
repairing
,
and
new-building
houses
of
husbandry
:
39.
Eliz.
cap.
2.
was
same
Parliament
an
Act
ca.
2.
was
made
,
that
errable
land
converted
to
sheepe
pastures
,
or
to
the
fatting
or
grazing
of
cattell
since
1.
Eliz.
should
bee
restored
or
laid
to
tillage
,
and
so
continue
for
ever
,
according
to
the
nature
of
the
soile
,
and
course
of
husbandry
,
with
some
clauses
and
restrictions
,
and
a
penalty
of
twenty
shillings
for
every
acre
for
every
yeare
not
restored
.
I
cannot
omit
the
reasons
of
this
Law
inforced
in
the
entrance
of
it
.
1
That
the
strength
and
flourishing
estate
of
this
kingdome
hath
beene
alwayes
upheld
and
advanced
by
the
maintenance
of
the
Plow
and
tillage
.
2
Tillage
is
the
occasion
of
multiplying
of
people
,
both
for
service
in
the
wars
,
and
time
of
peace
.
3
A
principall
meanes
that
people
are
set
on
worke
,
and
thereby
withdrawne
from
idlenesse
,
drunkennesse
,
unlawfull
games
,
and
all
other
lewd
practizes
and
conditions
of
life
.
4
That
by
tillage
and
husbandry
,
the
greater
part
of
the
subjects
are
preserved
from
extreme
poverty
in
a
competent
estate
of
maintenance
and
meanes
to
live
.
5
The
wealth
of
the
Realme
kept
,
dispersed
and
distributed
in
many
hands
,
where
it
is
more
ready
to
answer
all
necessary
charges
for
the
service
of
the
Realme
.
6
It
is
a
cause
that
the
Realme
doth
more
stand
upon
it selfe
,
without
out
depending
upon
forreigne
Countries
,
either
for
importation
of
Corne
,
in
time
of
scarcity
,
or
for
vent
and
utterance
of
our
owne
commodities
.
These
two
last
mentioned
Acts
,
were
but
to
endure
to
the
end
of
the
next
Session
of
Parliament
,
which
being
holden
43.
Eliz.
they
were
then
revived
and
continued
,
ca.
9.
and
likewise
continued
1.
Iacobi
.
25.
and
afterward
discontinued
,
and
by
the
Statute
of
21.
Iacob
.
all
the
said
other
Statutes
against
decay
of
houses
,
were
utterly
repealed
.
And
so
the
remedy
must
have
recourse
to
the
Common
Law
,
and
the
wisedome
of
the
State
.
Sect.
25
I
thought
it
no
great
digression
from
any
purpose
,
succinctly
to
runne
over
those
Comitiar
Lawes
,
framed
according
to
the
necessity
of
the
times
wherein
they
were
made
,
that
wee
may
observe
the
opinion
,
and
detestation
those
times
had
of
this
exorbitant
evill
:
And
though
those
Lawes
be
by
repeale
and
expiration
exauctorated
,
yet
the
inconveniences
and
mischiefes
pointed
out
by
them
,
still
remaining
,
and
increasing
,
and
the
nature
and
quality
of
the
offence
,
transcending
from
meane
Tenants
to
great
Land
.
lords
,
from
small
quantities
of
acres
,
to
whole
Towneships
,
tythings
and
hamlets
;
The
care
and
cure
must
bee
greater
and
speedier
,
then
any
Stature-Law
hath
hitherto
provided
:
Yet
there
is
one
Law
made
25.
25
He.
8.
ca.
13.
Hen.
8.
ca.
13.
intituled
,
An
act
limiting
what
number
of
sheepe
men
shall
keepe
,
occupie
,
and
have
in
their
owne
possession
at
one
time
,
still
in
force
,
and
unrepealed
,
which
though
in
the
frontispice
it
seemes
to
looke
upon
a
sillie
company
of
sheepe
,
it
doth
unkennell
a
subtill
sort
of
Foxes
,
which
waste
and
spoile
the
Vineyard
of
the
Common
wealth
.
Observe
(
1
)
the
footing
of
these
Foxes
,
by
their
practizes
,
and
injuries
to
the
common
good
:
(
2
)
the
mischiefes
,
and
inconveniences
thereupon
happenning
:
(
3
)
the
great
consequence
insuing
:
(
4
)
the
remedy
provided
by
that
Law
.
1
It
discovereth
unto
us
,
that
sundry
of
the
Kings
Subjects
,
to
whom
GOD
had
disposed
great
plenty
of
moveable
substance
,
did
daily
practise
and
invent
waies
and
meanes
how
they
might
accumulate
and
gather
together
into
few
hands
,
as
well
great
multitudes
of
farmes
,
as
great
plenty
of
Cattell
,
and
in
especiall
sheepe
,
putting
such
lands
as
they
can
get
,
to
pasture
,
and
not
to
tillage
.
2
The
incoveniences
foure
fold
.
1
That
thereby
they
have
pulled
downe
Churches
,
and
Townes
.
2
Inhaunsed
the
old
rates
of
the
rents
of
the
possessions
of
this
Realm
,
or
brought
it
to
such
excessive
fines
,
that
no
poore
man
is
able
to
meddle
with
it
.
3
That
they
have
raised
the
prices
of
all
manner
of
Corne
,
Cattel
,
Wool
,
and
such
other
,
almost
double
above
the
accustomed
prices
.
4
That
multitudes
of
people
not
able
to
provide
necessary
victualls
and
cloathing
,
for
themselves
,
their
wives
and
children
,
were
so
discouraged
with
misery
and
poverty
,
that
they
fell
daily
to
theft
,
robbery
,
and
other
inconveniences
,
or
pittifully
dyed
for
hunger
and
cold
.
3
The
consequence
or
enormities
insuing
,
five
fold
.
1
That
things
thus
used
be
principally
to
the
high
displeasure
of
Almighty
God
.
2
To
the
decay
of
the
hospitality
of
this
Realme
.
3
To
the
diminishing
of
the
Kings
people
.
4
To
the
let
of
Cloth-making
,
whereby
many
poore
people
had
beene
accustomed
to
bee
set
to
worke
.
If
remedy
were
not
found
,
it
might
turne
to
the
utter
destruction
and
desolation
of
the
Realme
.
4
The
remedy
prescribed
,
2.
fold
,
restriction
and
limitation
.
1
That
none
should
occupie
in
farme
,
or
otherwise
have
of
his
owne
proper
cattell
,
in
his
owne
proper
lands
,
nor
in
the
possession
,
lands
or
grounds
of
any
other
,
which
hee
shall
have
in
farme
,
by
any
manner
of
meanes
,
craft
,
or
cunning
above
two
thousand
sheep
at
one
time
,
within
any
part
of
the
Realme
,
upon
paine
of
three
shillings
and
foure
pence
for
every
sheepe
above
that
number
.
2
That
none
should
take
in
farme
for
terme
of
life
,
yeares
,
or
at
will
,
any
more
houses
and
renements
of
husbandry
whereunto
any
lands
are
belonging
,
in
Towne
,
Village
,
Hamlet
or
tything
,
above
the
number
of
two
,
upon
the
penalty
of
three
shillings
and
foure
pence
for
every
weeke
.
Sect.
26
All
these
Statutes
are
but
municipalis
aperturae
legis
,
overtures
of
the
ancient
Common
Law
;
One
of
the
mainest
speciall
occasions
of
this
grand
mischiefe
,
is
a
growing
evill
of
late
yeares
practized
and
set
on
foote
by
certaine
greedy
and
covetous
persons
,
Carnifices
&
carnivoros
regni
,
grazing
butchers
,
who
under
colour
of
their
mechainck
trade
in
butchery
,
respecting
their
owne
private
gaine
and
lucre
,
above
the
generall
good
of
his
Highnesse
Subjects
,
doe
accumulate
and
gaine
into
their
hands
,
at
excessive
yearly
rents
,
severall
great
portions
and
parts
of
the
grounds
and
lands
of
this
Realme
,
from
severall
Landlords
,
and
persons
,
to
the
value
of
foure
hundred
,
five
hundred
,
eight
hundred
,
or
a
thousand
pounds
a
yeare
,
more
or
lesse
,
from
the
occupation
of
poore
husbandmen
,
to
the
intent
to
use
it
in
pasture
,
and
not
in
tillage
;
and
thereby
not
onely
to
graze
and
feede
great
store
of
sheepe
,
and
other
Cattell
,
which
they
usually
buy
in
great
numbers
,
to
the
intent
to
sell
them
alive
,
contrary
to
the
true
meaning
of
a
good
Law
,
made
in
the
third
and
fourth
yeares
of
the
Reigne
of
King
Edward
the
Sixth
,
cap.
xix
.
continued
by
the
last
Parliament
,
An.
3.
Car.
Reg.
ca.
4.
but
also
to
agift
,
and
take
to
pasture
in
those
several
grounds
,
the
Cattell
of
diverse
poore
husbandmen
and
others
at
very
high
and
unusuall
rates
and
prices
;
By
meanes
wherof
the
poore
laborious
husbandmen
in
most
parts
of
the
Kingdome
,
whose
tenements
doe
most
consist
of
errable
land
,
are
intercepted
and
forestalled
from
renting
any
competent
quantities
of
medowe
,
or
pasture
to
maintaine
their
Oxen
,
and
other
Cattell
,
to
keepe
the
plow
in
use
according
to
the
season
of
the
yeare
;
And
those
grounds
which
within
the
space
of
few
yeares
have
beene
let
at
reasonable
yearly
rates
to
neighboring
husbandmen
,
are
now
by
the
supplantings
and
outbidding
of
those
and
such
like
covetuous
accumulators
inhaunsed
to
the
full
double
value
;
to
the
great
discomfort
and
discouragement
of
the
husbandman
,
who
ofttimes
is
inforced
for
want
of
foode
and
fodder
for
his
Oxen
and
Cattell
,
to
sell
them
away
,
and
to
leave
his
grounds
untilled
.
Sect.
27
That
Devill
Covetuosnesse
the
mother
of
all
these
mischiefes
,
hath
ever
some
argument
,
to
elude
(
if
it
could
)
the
intention
of
all
Law
and
Iustice
;
In
this
case
it
will
with
a
high
hand
,
umbonibus
junctis
,
presse
a
double
argument
by
way
of
question
.
1.
a
proprio
(
2
)
ab
utili
.
1
A
proprio
,
Is
it
not
lawfull
for
mee
to
doe
what
I
list
with
my
owne
,
to
pull
or
let
down
my
owne
houses
,
or
alter
the
property
of
my
owne
soyle
,
&
c
?
2
Ab
utili
,
Shall
I
not
buy
and
purchase
as
much
as
I
am
able
to
pay
for
;
And
shall
I
not
make
the
most
of
my
owne
?
Sect.
28
They
are
generall
questions
,
and
one
generall
maxime
will
serve
to
answer
both
,
Interest
reipublicae
,
nequis
re
sua
male
utatur
;
The
interest
of
the
Common
weale
hath
such
a
power
over
the
actions
and
estates
of
men
,
that
no
man
must
abuse
or
mis-imploy
the
talent
of
his
meanes
;
And
by
the
rules
of
contraries
,
every
man
must
well
and
rightfully
order
and
imploy
it
.
It
agrees
with
the
rule
of
Law
and
reason
,
Prohibetur
ne
quis
faciat
in
suo
,
quod
nocere
possit
alieno
:
Et
sic
utere
tuo
,
ut
alienum
non
laedas
:
No
man
must
do
that
in
his
own
property
or
possession
,
as
may
hurt
another
mans
;
And
we
must
so
use
our
owne
,
that
we
may
not
offend
our
neighbour
:
This
rule
may
seeme
to
reflect
upon
particular
nusances
,
to
the
discommodity
of
vicinage
and
neighborhood
,
which
are
to
bee
remedied
by
actions
at
the
Common
Law
,
whereof
many
particular
cases
might
be
plentifully
urged
:
If
in
such
cases
the
Law
provides
a
remedy
,
contra
vicinum
&
privatum
nocumentum
,
against
a
private
annoyance
;
à
fortiori
,
against
commune
nocumentum
,
that
nusance
which
offends
many
,
which
the
wisedome
of
the
Law
meets
with
,
by
Indictments
,
presentments
,
and
other
wayes
in
severall
Courts
of
Iustice
.
But
à
mulio
fortiori
,
against
generale
nocumentum
,
that
which
displeaseth
and
offendeth
not
one
alone
,
or
many
,
but
All
,
God
and
man
,
and
of
men
all
sorts
,
from
the
highest
to
the
lowest
.
Sect.
29
It
is
an
undoubted
Principle
,
omne
bonum
est
sui
diffusivum
;
Al
goodnes
doth
communicate
it selfe
to
others
:
he
that
racketh
and
tentereth
his
bona
fortunae
,
his
fortune
,
and
meanes
,
to
improve
his
private
,
and
impaire
the
publike
good
,
hath
not
participation
of
this
goodnesse
:
And
as
little
hath
hee
of
that
cardinall
and
all-crowning
vertue
,
Charity
,
the
groundsell
of
religion
,
without
which
nothing
availeth
,
sine
Charitate
nihil
prodest
,
quia
fundamentum
religionis
Charitas
est
.
Charity
,
saith
Saint
Paul
,
1
Cor.
13.5
.
non
quaerit
quae
sua
sunt
:
It
seeketh
not
her
owne
,
it
prefers
the
good
of
others
before
its
owne
private
;
In
a
former
Chapter
,
cap.
10.
ver.
24.
Let
no
man
seeke
his
owne
,
but
every
man
anothers
wealth
;
The
words
,
either
in
the
literal
acceptation
,
or
taken
according
to
the
Apostles
meaning
,
doe
insinuate
,
that
no
man
must
so
use
his
owne
,
as
thereby
to
offend
his
neighbour
.
Non
nobis
nati
sumus
,
wee
are
not
borne
for
our selves
,
but
partly
for
our
friends
,
and
partly
for
our
Country
,
It
is
a
vulgar
Country
proverbe
,
every
man
for
himselfe
and
God
for
us
all
.
But
a
reverend
Divine
thus
inverted
it
;
Where
every
man
is
for
himselfe
;
non
deus
,
sed
diabolus
,
The
Divell
is
for
all
:
The
rich
mans
barne
is
full
of
Corne
;
It
is
his
owne
,
jure
proprietatis
;
But
he
must
not
hide
and
hoard
it
up
to
inhance
the
price
,
hee
must
expose
it
to
publike
sale
,
and
at
reasonable
prices
,
propter
commune
bonum
,
Or
else
a
vae
qui
abscondit
is
denounced
against
him
:
He
that
received
but
one
Talent
committed
to
him
by
his
Lord
,
wherein
he
had
but
a
fiduciary
interest
,
and
hid
it
,
and
did
not
rightly
use
it
,
was
cast
into
utter
darkenesse
,
and
had
his
Talent
taken
from
him
:
Matthew
25.15
.
we
are
all
but
trustees
of
this
worldly
estate
or
earthly
Talent
;
As
wee
must
not
hide
,
but
use
it
;
So
must
wee
use
it
,
not
for
our selves
onely
,
but
for
the
common
utility
of
the
weale
publike
.
Sect.
31
As
it
transgresseth
the
bond
of
Charity
,
the
Crowne
of
all
good
gifts
and
graces
;
It
doth
likewise
offend
against
the
rules
of
Iustice
,
the
Queene
regent
of
all
vertues
;
The
confession
of
sins
daily
celebrated
by
the
Church
,
doth
conclude
by
way
of
prayer
,
that
wee
may
live
a
godly
,
righteous
and
a
sober
life
,
which
implies
three
duties
,
piety
to
God
,
Iust
ce
or
upright
dealing
to
our
Neighbour
,
and
sobriety
to
our selves
:
I
meddle
but
with
the
second
.
Sect.
32
Iustice
is
either
univerfall
,
whereby
a
man
doth
justlie
carry
himselfe
,
and
levell
his
actions
for
the
common
and
publike
good
,
and
yeeldeth
obedience
to
all
lawes
,
ut
ex
earum
praescripto
omnes
alias
virtutes
colat
:
That
by
the
rule
or
prescript
of
those
lawes
,
he
may
have
all
other
vertues
in
esteeme
,
which
Aristotle
calls
legall
,
quia
leges
eam
praecipue
intendunt
,
for
that
the
whole
use
and
operation
of
the
law
is
for
the
support
and
execution
of
it
.
Or
it
is
particularis
,
which
is
also
called
Morall
,
and
is
a
vertue
busied
and
exercised
in
the
distribution
and
commutation
,
or
merchandizing
of
all
outward
things
.
The
object
of
her
imployment
and
negotiation
,
sunt
bona
externa
,
&
fortunae
,
ut
opes
&
honores
,
all
externall
goods
,
and
goods
of
fortune
,
as
riches
,
and
honours
;
Hence
it
is
divided
into
distributive
and
Commutative
Iustice
.
This
observeth
an
arithmeticall
proportion
in
all
exchanges
,
contracts
,
covenants
and
commerce
,
betweene
man
and
man
,
strictly
looking
upon
the
equality
of
the
thing
bought
,
sold
,
bartered
,
or
exchanged
,
without
respect
of
the
person
,
party
in
the
bargaine
,
whether
he
be
a
Noble
man
,
Citizen
,
or
Plebeian
,
rendring
the
price
no
lesse
unto
the
one
,
than
to
the
other
;
It
hath
this
generall
rule
to
be
exercised
in
all
entercourses
of
buying
,
selling
,
and
dealings
whatsoeuer
,
Thes.
4.6
.
That
no
man
outreach
,
or
circumvent
his
brother
in
any
matter
,
ne
quis
supergrediatur
,
vel
circumveniat
in
negotio
fratrem
suum
;
This
Iustice
,
the
depopulating
questionists
may
in
some
measure
observe
,
when
they
do
buye
or
sell
,
they
may
afford
rem
pro
pretio
,
pretium
pro
re
;
But
they
will
not
sell
their
lands
and
commodities
with
conveniencie
,
either
of
time
or
price
,
till
the
members
of
the
Common
wealth
are
ready
to
suffer
for
want
of
it
:
And
in
buying
and
accumulating
Vineyard
to
Vineyard
,
they
are
so
excessive
and
outragious
,
that
they
become
masters
of
a
whole
Countrey
,
and
none
must
have
any
thing
neare
them
,
but
at
their
prices
;
This
kinde
of
Iustice
commutative
respecteth
only
private
persons
;
That
other
(
i.e.
)
listributive
,
respecteth
publike
persons
:
By
the
one
wee
defraud
or
doe
injury
to
no
man
;
by
the
other
wee
benefit
and
doe
good
to
all
men
.
Sect.
33
Distributive
Iustice
hath
this
indeleble
character
,
alienum
non
vendicat
,
utilitatem
propriam
negligit
.
Vt
communem
aequitatem
custodiat
;
She
claims
not
that
which
belongs
unto
another
,
she
passeth
by
her
owne
profit
,
that
shee
may
preserve
common
right
;
It
hath
this
generall
rule
,
Galathians
6.10
.
As
we
have
occasion
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Let
us
doe
good
to
all
men
;
Not
only
individually
to
any
particular
person
or
member
,
but
to
the
King
,
the
head
of
the
State
,
and
to
the
Church
and
Common
weale
,
the
body
,
and
not
at
any
stinted
or
expectatory
times
,
but
upon
all
opportunities
,
Salutem
qui
cum
poterit
,
protrahit
,
negat
;
The
delaying
of
succour
and
reliefe
,
when
a
man
may
afford
it
,
is
as
much
as
an
absolute
deniall
.
The
violating
of
this
Iustice
,
is
ever
a
privative
injustice
,
whereby
we
doe
not
that
common
good
,
as
we
ought
to
do
;
It
is
aswell
injustice
(
though
not
alike
)
not
to
doe
for
our
brother
what
we
ought
,
as
to
doe
what
wee
ought
not
,
according
to
that
saying
,
pasce
esurientem
;
si
non
pavisti
,
occidisti
,
feede
thy
hungry
brother
,
if
thou
feed
him
not
,
thou
art
a
homicide
privatively
,
if
not
positively
.
If
so
;
In
what
case
is
the
Depopulator
?
He
doth
not
onely
not
feed
the
hungry
,
but
robbeth
them
of
their
bread
,
and
therein
he
is
a
man
of
bloud
:
panis
pauperum
est
vita
pauperum
,
&
qui
defraudat
,
vir
sanguinis
est
:
Nay
he
is
a
matricide
,
he
choakes
up
the
earth
our
common
mother
,
from
yeelding
her
foizon
and
increase
unto
her
offspring
.
Sect.
34
It
is
reported
by
an
ancient
Cronologer
,
Walter
Mappe
Archdeacon
of
Oxford
,
who
was
bred
up
with
Hen.
2.
That
the
Abbots
and
,
Monkes
in
that
time
were
very
criminous
in
matter
of
depopulation
,
whence
a
proverbe
did
arise
of
them
,
Monachi
desertum
,
aut
inveniunt
aut
faciunt
wheresoever
they
setled
themselues
,
they
either
found
it
,
or
made
it
a
desart
:
It
is
said
of
them
,
that
they
laid
more
places
waste
,
then
ever
William
the
Conqueror
,
or
his
Son
Rufus
did
,
when
they
demolished
and
destroyed
many
parishes
with
their
Churches
to
inlarge
the
bounds
of
New
forrest
.
The
Abbot
of
Osney
,
was
principally
noted
for
a
great
Depopulator
;
he
made
all
poore
that
dwelt
within
the
compasse
of
his
possessions
;
whereof
King
Hen.
2.
tooke
such
notice
,
that
one
day
,
when
hee
had
not
poore
enough
,
to
bestow
his
almes
unto
,
upon
some
festivall
and
solemne
time
did
discontentedly
affirme
,
that
rather
then
his
bounty
should
be
undisposed
,
hee
would
make
as
many
beggers
,
as
the
Abbot
of
Osney
had
done
.
Their
monasteries
and
religious
houses
were
no
sooner
dissolved
,
but
eftsoones
their
goodly
structures
were
wasted
and
ruined
,
yet
their
lands
(
as
if
they
seemed
to
carry
with
them
a
successorie
adherence
of
this
leprosie
)
have
fallen
into
the
hands
of
many
more
uncharitable
then
ever
they
were
;
for
as
they
made
poore
,
they
did
in
some
competencie
maintaine
and
releeve
them
;
But
these
doe
not
only
make
many
poore
,
but
starve
those
that
are
poore
.
Sect.
35
It
was
the
Law
of
GOD
by
the
mouth
of
Moses
,
Lev.
19.9
.
When
you
reape
the
harvest
of
your
land
,
thou
shalt
not
wholly
reape
the
corners
of
the
field
,
neither
shalt
thou
gather
the
gleanings
of
thy
harvest
.
Verse
10.
And
thou
shalt
not
gleane
the
Vineyard
,
neither
shalt
thou
gather
every
grape
of
thy
Vineyard
:
thou
shalt
leave
them
for
the
poore
and
stranger
:
The
like
,
Ch.
23.
Ver.
22.
Thou
shalt
not
make
cleane
riddance
of
the
corners
of
thy
field
,
when
thou
reapest
,
neither
shalt
thou
gather
any
gleanings
of
thy
harvest
:
thou
shalt
leave
them
unto
the
poore
,
and
to
the
stranger
:
Hee
that
had
forgotten
a
sheafe
behind
him
in
the
harvest
,
should
not
goe
againe
to
fetch
it
,
but
leave
it
behind
for
the
stranger
,
the
fatherlesse
,
and
the
widdow
,
Deut.
24.19
.
A
blessing
is
promised
,
that
the
LORD
thy
GOD
may
blesse
thee
in
all
the
workes
of
thy
hands
;
then
needs
must
bee
implyed
,
whosoever
doth
it
not
,
shall
not
be
blessed
;
where
benedictions
are
excluded
,
woes
and
maledictions
soone
make
their
entrance
,
where
there
is
no
tillage
,
there
can
bee
no
harvest
,
and
where
no
harvest
is
,
no
reliques
,
no
gleanings
can
be
.
Deest
cultura
?
labant
messes
,
&
messe
labanti
.
Deficient
inopi
,
spicas
,
frumenta
legenti
.
If
tillage
faile
,
the
harvests
faile
,
which
once
failing
,
The
corne
cannot
yeeld
unto
the
poore
their
gleaning
.
Woe
then
to
the
Depopulator
,
who
is
so
farre
from
making
riddance
of
the
corners
of
the
fields
,
that
he
rids
whole
fields
,
and
takes
away
all
occasions
of
gleanings
and
harvest
,
in
debarring
and
forechoaking
the
worke
of
tillage
,
by
converting
errable
into
pasture
,
and
ruinating
the
habitations
of
husbandry
,
by
turning
them
into
sheep-coates
;
Our
times
cannot
make
good
that
saying
,
Nunc
seges
est
ubi
Troj
a
fuit
:
Now
corne
growes
where
houses
stood
;
but
we
may
take
it
up
with
a
lamentation
;
where
hospitable
Farmes
,
and
plentifull
fields
of
corne
have
beene
,
nothing
remaines
but
a
champant
wildernesse
for
sheepe
,
with
a
Coate
,
a
pastorall
boy
,
his
dogge
,
a
crooke
and
a
pipe
.
In
casulas
,
veteres
mansus
mutantur
oviles
.
Or
as
the
Thebans
in
the
time
of
a
devouring
pestilence
,
bewailed
the
losse
of
their
husbandmen
.
—
Viduas
colonis
Respicis
terras
miseranda
Thebe
:
Senec.
tra
.
in
Oedip.
Wee
might
in
these
contagious
dayes
of
depopulation
,
justly
expect
the
like
querimony
,
if
his
Majesties
gratious
,
and
watchfull
providence
,
in
preventing
such
mischiefs
,
did
not
cheere
up
our
fainting
hearts
.
Sect.
36
One
of
the
instruments
of
depopulation
is
inclosure
,
I
doe
not
meane
of
wasts
,
woods
and
pastures
,
so
farre
as
they
are
warranted
by
severall
Lawes
and
Statutes
;
for
where
a
man
hath
Common
in
the
Lords
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
paiments
,
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
,
or
modus
decimandi
must
presently
be
set
on
foot
,
a
prohibition
speedily
had
,
and
the
litigious
Countrymans
next
labour
is
,
to
provide
for
a
tryall
at
the
assizes
,
and
to
prepare
(
as
the
too
common
proverbe
is
,
horresco
referens
)
good
swearers
,
that
may
cleave
a
pinne
,
and
so
by
horrid
perjury
outstrip
God
and
his
Ministers
of
their
just
dues
;
It
is
lamentable
to
see
what
perplexed
swearing
and
counterswearing
do
often
happen
upon
such
tryalls
.
Qui
rem
Sacram
legit
;
He
that
robs
Churches
,
or
Chappels
,
or
other
holy
places
,
and
takes
any
ornaments
out
of
them
feloniously
,
is
to
suffer
death
by
the
Law
,
without
benefit
of
Clergy
:
I
will
not
terme
the
Depopulator
Sacrilegus
:
Sacred
things
which
are
stollen
a
way
,
may
be
possibly
found
and
had
againe
;
But
I
shall
call
him
sacrivorus
,
such
a
devouring
Leviathan
,
that
swallowes
Steeples
,
Churches
,
and
whole
fields
,
and
makes
a
non
entitie
,
and
takes
away
the
very
being
of
sacred
things
appoynted
and
designed
for
the
glory
of
God
,
and
the
maintenance
of
religigion
:
Hee
adnuls
that
sacred
rule
,
honour
God
with
thy
substance
,
and
with
the
first
fruits
of
all
thine
increase
:
Pro.
2.9
.
The
Prophet
brandeth
such
men
with
a
just
accusation
of
robbery
,
will
a
man
rob
God
?
yet
yee
have
robbed
mee
:
But
ye
say
wherein
have
we
robbed
thee
?
in
tithes
and
offerings
:
ye
are
cursed
with
a
curse
,
for
yee
have
robbed
mee
,
Malac.
3.8
.
Therefore
just
was
the
complaint
of
the
Parliament
,
4
He.
7.
ca.
19.
That
Churches
were
destroyed
,
and
the
service
of
God
withdrawne
by
diminution
of
Church
living
,
decay
of
tithes
,
and
the
like
;
and
Patrons
of
Churches
,
and
Curats
,
Gods
Ministers
were
wronged
.
Patitur
respublica
.
Sect.
39
In
whatsoever
the
King
doth
suffer
,
the
Publike-weale
hath
a
share
;
if
the
Head
be
grieved
,
the
whole
Body
will
sympathize
:
The
Common-Weale
of
England
,
is
a
Society
or
common
doing
of
Freemen
,
collected
together
,
and
united
by
common
accord
,
and
governed
by
the
administation
of
lawes
,
as
well
in
peace
as
in
warre
,
under
the
Princely
rule
and
protection
of
an
absolute
Monarch
,
who
,
under
God
,
is
supreme
head
both
of
Church
and
State
,
and
acknowledgeth
no
other
Superiour
.
It
is
called
the
Common-weale
,
quia
respicit
communem
utilitatem
,
because
it
respecteth
the
common
good
:
The
Depopulator
strikes
at
the
verie
structure
and
frame
of
a
Common-weale
,
by
dispeopling
of
Societies
in
Townes
,
Parishes
,
and
Hamlets
.
He
brings
in
Idlenesse
,
the
ground
and
foundation
of
all
mischiefes
,
accompanied
with
luxury
,
ebrietie
,
unlawfull
games
,
and
all
other
lewd
practices
and
conditions
of
life
:
He
is
the
common
inhanser
of
the
prizes
of
all
manner
of
Corne
,
Graine
,
and
Victuall
,
and
of
all
the
old
rents
of
ancient
Farmes
and
Possessions
:
Hee
makes
the
kingdome
beholding
to
forraigne
Countries
for
importation
of
Corne
in
times
of
scarcitie
.
By
his
unconscionable
inclosures
the
Kings
high
wayes
are
streightned
and
impaired
,
and
commonly
foundred
,
to
the
hinderance
and
impediment
of
common
mercature
,
and
travaile
to
and
fro
:
There
is
not
one
good
qualitie
in
him
for
the
common
good
.
Sect.
40
Patitur
pauper
.
The
poore
suffers
:
for
whereas
by
tillage
and
husbandrie
the
greater
part
of
the
subjects
are
preserved
from
extreme
povertie
in
a
competent
estate
of
maintenance
,
and
meanes
to
live
;
now
by
the
decay
of
it
multitudes
of
people
,
not
able
to
provide
necessarie
victuals
and
cloathing
for
themselves
,
and
their
families
,
are
so
discouraged
with
miserie
and
povertie
,
that
they
daily
fall
to
theft
,
robberie
,
and
other
inconveniences
,
and
either
die
by
the
hand
of
Iustice
,
or
perish
and
starve
in
a
Gaole
.
It
is
woefull
to
see
,
that
those
places
are
now
more
pestered
with
poore
prisoners
,
than
heretofore
they
were
.
As
it
doth
depauperate
able
men
,
so
,
for
want
of
almes
and
gleanings
,
it
is
a
meanes
to
starve
and
famish
them
,
when
they
are
made
poore
;
for
the
poore
labourer
,
who
,
like
the
painfull
Ant
,
was
wont
in
harvest
time
to
glean
,
and
lease
up
so
much
corne
,
as
would
thriftily
maintaine
him
a
good
part
of
the
winter
,
is
now
for
want
of
tillage
,
destituted
of
that
benefit
.
Sect.
41
But
now
(
God
and
the
wisdome
of
our
great
Soveraigne
by
him
inspired
,
be
blessed
)
Passurus
est
depopulator
,
you
have
heard
him
discovered
,
described
,
arraigned
,
&
convicted
,
&
ere
long
you
shall
heare
his
sentence
:
His
crime
is
no
lesse
than
crimen
laesae
majestatis
,
high
Treason
against
the
sacred
Trinity
of
heaven
,
in
compassing
about
the
violating
&
cancelling
of
that
great
Charter
,
or
,
magna
Charta
of
terram
dedit
filiis
hominum
,
ut
operarentur
;
and
indeavouring
to
overthrow
Gods
institution
of
husbandrie
,
primum
opus
impositum
;
and
in
stead
of
operari
,
to
bring
in
otiari
,
in
stead
of
many
labourers
in
the
harvest
,
to
maintaine
onely
a
shepheard
and
his
Curre
.
Sect.
42
The
Charter
of
confirmation
of
the
liberties
of
England
,
and
the
forrests
,
made
10.
Octo.
25.
Edw.
1.1297
.
doth
provide
cap.
4.
that
all
Archbishops
,
and
Bishops
,
should
pronounce
the
sentence
of
excommunication
against
all
those
that
by
word
,
deed
or
counsell
,
doe
contrary
to
the
said
Charters
,
or
that
in
any
point
breake
or
undoe
them
:
and
that
the
said
Curses
should
be
twice
a
yeare
denounced
,
and
published
by
the
Prelats
aforesaid
.
The
sentence
of
excommunication
is
extant
,
stiled
sententia
lata
super
confirmatione
Chartarum
;
whereby
Robert
Winchesly
then
Archbishop
of
Canterbury
,
did
excomunicate
all
the
violaters
of
those
Charters
,
from
the
body
of
our
Lord
Iesus
Christ
,
from
all
the
company
of
heaven
,
and
from
all
the
Sacraments
of
holy
Church
for
ever
,
fiat
,
fiat
,
Amen
.
Though
neither
the
Anathema
of
that
time
,
being
now
expired
,
nor
any
of
this
time
doe
meet
with
them
;
yet
let
them
expect
,
(
my
charity
interdicts
the
word
Curse
)
but
little
blessing
from
heaven
.
Sure
I
am
,
the
sacred
Scripture
pronounceth
many
a
Vae
,
many
woes
against
the
severall
qualities
and
species
of
that
grand
offence
:
One
they
have
heard
already
,
a
Vae
qui
abscondit
,
&c.
Sect.
43
A
covetous
man
is
described
,
that
his
eye
is
neither
satisfied
with
riches
,
neither
saith
he
,
For
whom
doe
I
labour
,
and
bereave
my
soule
of
good
?
Eccle.
4.8
.
and
presently
followes
vers.
10.
a
Vae
soli
,
woe
to
him
that
is
alene
.
The
Depopulator
may
take
up
this
woe
,
who
will
be
alone
in
his
habitation
,
without
the
comfort
of
neighberhood
;
alone
in
his
actions
,
without
any
participation
with
other
;
and
he
shall
bee
alone
in
his
punishment
:
Vae
soli
,
Woe
to
him
that
is
alone
when
he
falleth
;
for
hee
hath
not
another
to
helpe
him
.
He
that
offends
all
generally
,
may
have
the
prayers
of
many
to
convert
him
,
but
scarce
the
prayers
of
any
to
helpe
him
,
Solitudinem
faciunt
,
&
habent
,
shall
be
the
Motto
of
such
persons
,
Qui
neminem
miseretur
,
à
nemine
miserebitur
;
He
that
pittieth
none
,
shall
bee
pittied
of
none
.
There
is
a
Vae
qui
conjungitis
domum
ad
domum
;
Isai.
5.8
.
Wo
unto
them
,
that
joyne
house
to
house
,
that
lay
field
to
field
,
till
there
bee
no
place
,
that
they
may
bee
placed
in
the
midst
of
the
earth
.
The
Prophet
Micha
,
cap.
2.
vers.
1.
doth
second
this
woe
with
a
Vae
qui
cogitatis
inutile
,
&
operamini
malum
,
&c.
Woe
to
them
that
devise
iniquitie
,
and
worke
evill
upon
their
beds
,
when
the
morning
is
light
they
practise
it
,
because
it
is
in
the
power
of
their
hands
.
Vers
.
2.
And
that
covet
fields
,
and
take
them
by
violence
;
and
houses
,
and
take
them
away
.
So
they
oppresse
a
man
and
his
house
,
even
a
man
and
his
heritage
:
Their
doome
followes
pronounced
by
the
Prophet
:
Idcirco
hoc
dicit
Dominus
,
ver.
3.
Therefore
thus
saith
the
Lord
,
with
an
ecce
,
Behold
,
against
this
family
doe
I
devise
an
evill
,
from
which
you
shall
not
remove
your
necks
,
nether
shall
yee
goe
haughtily
;
for
this
time
is
evill
.
4.
In
that
day
one
shall
take
up
a
parable
against
you
,
and
lament
with
a
dolefull
lamentation
,
and
say
(
in
the
words
of
S.
Ieromes
translation
,
Depopulatione
vastati
sumus
)
Wee
beutterly
spoyled
:
He
hath
changed
the
portion
of
my
people
:
how
hath
hee
removed
it
from
me
?
turning
away
(
or
in
stead
of
restoring
)
hee
hath
divided
our
fields
.
This
woe
was
pronounced
against
the
Israelites
,
and
the
Iewes
,
and
as
well
against
their
Princes
(
their
mightie
men
)
as
against
the
people
,
for
a
memoriall
and
example
to
all
the
posterity
of
Adam
.
It
is
remarkable
,
and
should
take
very
much
to
observe
the
Analogie
and
proportion
betweene
the
sinne
and
the
sentence
against
it
.
Sect.
44
In
the
sinne
there
is
a
devising
of
an
iniquity
,
a
working
,
of
an
evill
,
malum
culpae
,
they
think
upon
the
evill
of
sinne
,
Vae
qui
cogitatis
.
In
this
sentence
there
is
a
cogito
,
a
devising
of
an
evill
too
against
the
sinner
,
but
it
is
malum
poenae
,
God
against
them
thinketh
upon
the
evill
of
punishment
.
In
the
sinne
,
there
is
an
extension
considerable
in
the
persons
against
whom
the
evill
is
devised
and
wrought
;
it
is
not
against
a
man
and
a
field
,
but
agros
and
domos
,
fields
and
whole
houses
,
families
,
men
,
women
,
and
Children
;
not
gray
haires
,
not
men
of
strength
,
not
the
nursing
mother
,
nor
the
tender
babe
;
not
the
very
embrion
in
the
wombe
were
exempted
from
this
oppression
.
Vnder
the
Law
the
Dam
was
not
to
be
taken
with
her
young
ones
,
And
therefore
if
a
birds
nest
chanced
to
bee
found
,
whether
they
were
young
ones
or
Egges
;
and
the
Dam
sitting
upon
the
young
,
or
upon
the
Egs
;
The
Precept
was
,
Thou
shalt
not
take
the
Dam
with
the
young
;
Deut.
22.
v.
6.
If
God
had
such
care
of
the
fowles
of
the
aire
,
which
was
typicall
,
what
shall
bee
expected
amongst
Christians
,
to
whom
the
Vaile
of
the
Law
is
opened
;
woe
bee
to
him
that
shall
oppresse
the
Dam
with
her
young
ones
.
In
the
sentence
there
is
an
extent
of
the
evill
of
punishment
devised
,
quadrant
to
the
sinne
;
Cogito
super
istam
familiam
,
Against
that
family
doe
I
devise
an
evill
;
As
if
hee
should
say
,
Against
the
old
and
strong
,
the
Dam
,
and
her
young
ones
,
this
evill
shall
cleave
to
all
;
In
quo
quis
peccat
,
in
eo
punietur
;
I
will
adde
a
qualiter
,
and
a
taliter
;
in
that
kinde
as
a
man
offends
,
he
shall
bee
punished
;
he
that
wasteth
and
destroyeth
families
,
shall
bee
destroyed
in
his
families
.
Sect.
45
In
the
sinne
there
is
a
double
effect
proceeding
from
this
device
and
operation
of
evill
;
1.
Of
force
or
violence
,
violenter
tulerunt
agros
,
&
rapuerunt
domos
,
They
take
away
fields
and
houses
by
violence
.
2.
Of
fraud
and
circumvention
,
Calumniabantur
virum
&
domum
ejus
,
virum
&
haereditatem
ejus
;
They
oppresse
a
man
and
his
house
,
a
man
and
his
heritage
,
or
posterity
.
Oppression
is
ever
attended
with
two
bad
Angels
,
Force
and
Fraud
.
In
this
place
the
word
calumniabantur
may
be
taken
for
oppressing
a
man
,
his
house
and
heritage
,
by
some
malicious
,
deceitfull
,
or
crafty
allegation
and
cavill
.
It
was
the
oppressing
sinne
of
Ahab
,
who
first
coveted
Naboths
field
,
and
when
he
could
not
get
it
by
a
specious
pretext
of
composition
with
him
,
then
with
the
wicked
art
and
assistance
of
Iesabel
,
an
instrument
of
bloud
is
contrived
,
two
children
of
Belial
are
raised
up
against
him
,
Calumniantur
virum
,
vitam
,
&
haereditatem
,
By
false
and
deceitfull
accusation
they
robbe
him
both
of
life
and
land
.
Sect.
46
The
sentence
meets
with
both
.
1.
The
force
or
violence
is
paid
in
its
kinde
with
a
malum
unde
non
auferetis
colla
vestra
,
non
ambulabitis
superbi
:
As
if
he
should
say
,
Such
an
evill
will
I
devise
,
I
will
so
subdue
you
,
that
you
shall
not
pull
your
necks
out
of
the
collar
;
I
will
so
curbe
you
,
that
ye
shal
have
no
more
power
to
oppresse
,
yee
shall
walke
no
more
so
proudly
as
yee
have
done
.
I
will
binde
your
Princes
with
chaines
,
and
your
Nobles
with
links
of
iron
.
In
a
word
,
God
threatens
to
them
a
miserable
and
shamefull
end
.
2.
The
fraud
or
false
circumvention
is
likewise
met
with
,
&
the
punishment
amplified
by
a
proverbe
or
forme
of
execration
or
cursing
,
calumniabantur
,
is
answered
with
a
Sumetur
super
vos
parabola
,
A
parable
shall
bee
taken
up
against
you
,
Wee
are
spoiled
,
your
cruelty
shall
be
recompensed
with
perpetuall
ignominy
.
No
lesse
judgement
did
God
himself
denounce
by
the
mouth
of
his
Prophet
agianst
the
Princes
of
Iudah
,
&
others
,
That
they
should
be
a
reproach
&
a
proverbe
,
a
taunt
,
and
a
curse
in
all
places
,
in
opprobrium
,
&
in
parabolam
,
&
in
proverbium
,
&
in
maledictionem
in
universis
locis
:
Ierem.
24.9
.
Amongst
all
the
curses
pronounced
against
the
children
of
disobedience
,
Deut.
28.
from
verse
15.
unto
45.
one
of
the
last
,
and
not
the
least
,
is
a
curse
of
reproach
or
infamie
;
Eris
perditus
in
proverbium
ac
fabulam
omnibus
populis
,
Thou
shalt
become
an
astonishment
,
a
proverbe
,
and
a
by-word
among
all
nations
.
verse
37.
Sect.
47
Let
us
looke
upon
the
times
wherein
we
live
,
and
behold
the
same
sinne
,
we
shall
finde
a
devising
of
an
evill
,
coveting
of
fields
,
joyning
house
to
house
,
laying
field
to
field
,
taking
by
violence
,
and
oppressing
men
,
and
their
houses
,
and
their
heritages
;
and
whatsoever
can
bee
comprised
under
the
word
depopulation
.
Shall
not
the
authors
of
this
evill
,
the
Nimrods
,
and
migty
ones
expect
the
same
sentence
,
the
same
punishment
of
evill
;
the
same
reproach
,
parable
,
and
proverbe
of
Depopulatione
vastati
sumus
?
Yes
verily
:
They
will
perhaps
flatter
themselves
,
that
the
curses
were
never
intended
to
this
nation
;
if
it
were
,
yet
it
is
far
off
,
not
imminent
;
and
they
have
time
enough
to
expiate
their
errour
:
(
they
will
not
confesse
it
a
sinne
)
They
will
pretend
,
that
though
they
build
not
Churches
or
Chappels
,
yet
they
maintaine
a
stipendary
Preacher
in
their
houses
;
and
though
they
are
alone
,
and
remote
from
Churches
,
yet
they
are
duly
fed
with
the
word
of
God
,
and
they
themselves
doe
feed
the
poore
too
at
the
times
of
Christmas
,
and
such
solemne
times
:
These
are
but
shadowes
,
and
poore
palliations
.
They
must
know
,
that
the
curses
of
sacred
Writ
will
one
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
upon
me
,
&
upon
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
commutative
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
with
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
ruine
,
for
that
it
appeared
to
the
Court
upon
evident
proofe
,
that
there
were
many
servants
and
people
kept
upon
those
farmes
when
they
were
used
in
tillage
;
And
the
same
were
furnished
with
sufficient
houses
,
barnes
,
and
outhouses
,
necessary
for
farmers
to
dwell
in
,
and
many
quarters
of
wheat
and
other
graine
out
of
each
farme
,
were
yearly
sold
and
vented
to
London
and
elsewhere
;
And
many
poore
men
and
women
,
were
then
there
set
on
worke
,
and
about
twenty
persons
fit
for
warres
were
maintained
in
and
upon
the
sayd
farmes
,
as
also
severall
Carts
,
ready
and
fit
to
doe
his
Majesty
service
,
both
in
carrying
timber
for
repaire
of
his
Navie
and
otherwise
:
And
for
that
the
defendant
had
then
of
late
yeares
,
taken
into
his
owne
occupation
all
the
said
farmes
,
and
converted
all
the
lands
formerly
used
for
tillage
unto
pasture
,
and
had
also
Depopulated
and
pulled
downe
,
three
of
the
said
farme
houses
,
and
suffered
the
other
two
to
run
to
ruine
,
and
to
lye
uninhabited
,
and
one
of
the
said
farmes
which
was
before
a
great
defence
and
succour
for
Travellers
who
passed
that
way
,
since
the
Depopulation
thereof
,
hath
beene
a
harbour
for
theeves
,
and
many
robberies
have
beene
thereabouts
committed
,
and
monies
recovered
by
the
robbed
persons
from
the
hundred
,
which
together
with
the
wants
of
those
clowes
there
formerly
kept
,
had
beene
a
great
burden
to
that
part
of
the
Country
;
And
for
that
also
the
defendant
,
to
the
great
inconvenience
and
prejudice
of
a
Towne
neere
adjoyning
,
had
pulled
downe
and
suffered
to
goe
to
decay
not
habitable
,
one
water
corne
mill
which
thentofore
did
grind
good
store
of
corne
weekely
:
Vpon
grave
and
deliberate
liberate
consideration
,
the
Court
did
with
a
joynt
consent
and
opinion
declare
,
that
the
defendant
was
clearly
guilty
of
the
said
Depopulation
,
and
conversion
of
errable
into
pasture
before
expressed
,
And
that
the
same
offences
were
punishable
even
by
the
Common
Law
of
this
Kingdome
,
and
fit
to
be
severely
punished
,
the
rather
for
that
it
was
a
growing
evill
,
and
had
already
spread
it selfe
into
very
many
parts
of
this
Kingdome
,
and
might
in
time
(
if
it
were
not
met
withall
and
prevented
by
the
just
Censure
of
that
Court
)
grow
very
prejudiciall
and
dangerous
to
the
State
and
Common
wealth
,
and
therefore
their
Lordships
did
thinke
fit
,
order
,
adjudge
,
and
decree
.
-
1
That
the
defendant
should
stand
and
be
committed
to
the
prison
of
the
Fleet.
-
2
That
hee
should
pay
a
fine
of
foure
thousand
pounds
to
his
Majesties
use
.
-
3
That
he
should
at
the
next
assizes
to
be
holden
for
that
County
in
open
Court
(
the
Iudges
and
Iustices
there
sitting
)
acknowledge
his
said
offences
,
and
for
the
better
manifestation
of
the
offence
to
the
Countrey
,
and
to
the
end
that
others
seeing
his
punishment
might
be
therby
after
warned
to
forbeare
the
committing
of
the
like
:
It
was
ordered
,
that
their
Lordships
sentence
and
decree
should
be
then
at
the
said
assizes
publikely
read
.
And
further
,
the
Court
considering
and
commending
the
paines
,
care
,
and
travell
,
taken
by
the
Relator
in
bringing
that
cause
to
judgement
,
and
being
satisfied
upon
the
hearing
of
the
cause
,
that
the
poore
of
the
parish
and
the
Minister
there
had
beene
severally
damnified
by
the
defendant
;
Their
Lordships
did
farther
order
and
decree
.
4
That
the
said
defendant
should
pay
unto
the
said
Relator
one
hundred
pounds
for
recompence
of
his
travaile
,
besides
his
costs
of
suite
.
5
That
hee
should
pay
unto
the
Minister
of
the
Parish
one
hundred
bounds
.
6
That
hee
should
pay
unto
the
poore
of
the
Parish
one
hundred
pounds
to
bee
distributed
to
and
amongst
them
at
the
discretion
of
the
foure
next
Iustices
of
peace
adjoyning
to
the
said
Towne
.
7
And
lastly
,
the
Court
did
order
that
the
defendant
should
within
two
yeares
after
,
repaire
and
build
againe
all
the
said
farme-houses
with
their
outhouses
,
and
the
said
Corne-mill
fit
for
habitation
and
use
,
as
formerly
they
were
,
and
should
restore
the
lands
formerly
used
and
let
,
with
the
same
farmes
,
unto
the
farme-houses
againe
,
and
let
and
demise
the
same
severall
farmes
to
severall
Tennants
for
reasonable
rents
,
such
as
the
Country
would
afford
,
and
that
all
the
said
lands
,
should
be
againe
plowed
up
and
used
to
tillage
,
as
formerly
it
had
been
.
As
by
the
decree
remaining
of
Record
in
that
honourable
Court
may
plainely
appeare
;
The
true
contents
whereof
are
here
set
downe
,
that
as
it
was
published
at
the
Assizes
for
an
example
in
that
Countrie
,
the
benefit
thereof
may
hereby
redound
to
all
the
Counties
of
his
Majesties
dominions
.
Sect.
53
I
have
the
rather
summarily
touched
the
severall
points
and
branches
of
this
decree
for
these
reasons
;
That
every
well
affected
Subject
may
discern
the
singular
wisdome
of
the
Lords
of
his
Majesties
most
honourable
privy
Counsell
,
and
their
assistants
in
that
great
Court
:
The
Prayers
of
the
Church
we
well
hope
are
not
in
vaine
;
That
it
may
please
him
to
indue
the
Lords
of
the
Councell
and
all
the
Nobility
,
with
grace
,
wisedome
and
understanding
.
And
without
Gods
speciall
indowments
conferred
on
them
,
and
on
their
Head
under
CHRIST
,
the
Ship
Royall
of
our
State
could
not
be
so
religiously
,
providently
,
and
prosperously
steered
as
it
is
:
Methinkes
when
I
considerately
weigh
the
Composition
of
this
decree
,
all
parts
of
Iustice
seeme
here
to
be
included
.
1
Here
is
punition
,
1.
by
imprisonment
,
2.
by
fine
,
3.
by
publike
acknowledgment
.
2
Here
is
remuneration
to
the
party
Relating
,
for
discovering
,
and
bringing
the
offendor
to
the
publike
seate
of
Iudgement
.
3
Here
is
compensation
,
1.
to
the
Minister
,
2.
to
the
poore
of
the
Parish
,
for
the
detriment
and
damage
by
them
respectively
susteyned
according
to
the
circumstances
of
the
cause
.
4
And
lastly
here
is
reparation
and
restitution
,
which
concernes
the
Common
weale
,
1.
in
repairing
and
reedifying
the
farmes
,
2.
in
restoring
the
Land
formerly
used
and
let
with
them
,
3.
in
letting
and
demizing
the
same
farmes
to
severall
Tennants
at
reasonable
rents
,
4.
in
converting
the
land
to
tillage
againe
Sect.
54
As
in
GODS
sentence
,
the
malum
culpae
was
answered
with
the
malum
poenae
;
So
it
is
fully
accomplished
in
this
decree
;
for
hereby
All
that
any
way
suffered
1.
King
,
2.
Church
,
3.
Common
weale
,
4.
Poore
,
are
all
righted
and
salved
,
and
therefore
it
deserves
the
more
earnest
pressing
,
first
for
the
comfort
of
those
who
grieve
and
grone
under
the
burthen
of
this
oppression
,
that
,
though
they
be
remote
in
the
Country
from
the
eye
of
superior
Iustice
,
yet
in
the
particulars
of
this
decree
,
they
may
tanquam
in
perspicillis
behold
a
farre
off
the
vigilant
care
which
his
Majesty
and
his
honorable
Councell
have
of
the
meanest
member
of
his
Common
weale
:
Secondly
that
others
delinquents
of
the
same
ranke
and
quality
,
may
tanquam
in
specule
,
as
in
a
looking-glasse
,
view
their
owne
evill
of
sinne
,
and
justly
expect
the
same
evill
of
punishment
.
Sect.
55
That
no
men
may
lull
themselves
asleepe
with
the
conceipt
of
security
,
and
that
his
highnesse
Subjects
who
feele
the
smart
of
this
mischiefe
,
may
have
no
cause
to
distrust
the
continuance
of
his
care
,
his
goodnesse
hath
of
late
directed
severall
Commissions
into
most
Counties
of
the
Kingdome
,
out
of
the
high
Court
of
Chancery
,
I
shall
but
briefly
touch
some
speciall
points
therein
.
First
,
the
motives
which
induced
his
Majesty
thereunto
;
His
intelligence
that
in
diverse
parts
of
his
Kingdome
,
very
many
Messuages
and
Mansion
houses
(
which
had
been
for
many
yeares
past
habitations
for
husbandmen
,
farmers
,
and
others
exercised
in
tillage
)
did
now
remaine
in
decay
,
ruinous
,
destroyed
,
or
uninhabited
,
and
the
farmes
and
errable
lands
severed
and
divided
from
the
houses
whereto
they
belonged
,
and
great
quantities
of
such
errable
land
,
have
beene
converted
from
culture
into
pasture
,
whereupon
great
wast
,
and
depopulation
of
Towns
,
Villages
,
Parishes
and
Hamlets
in
diverse
parts
of
his
Kingdome
have
insued
,
and
are
like
dayly
,
more
and
more
to
increase
to
the
dishonour
and
prejudice
of
his
Majesty
and
his
Crowne
,
and
to
the
dammage
and
detriment
of
his
people
and
whole
Realme
.
Secondly
,
his
Majesties
readinesse
to
meete
with
such
mischiefs
,
and
to
provide
for
the
welfare
of
himselfe
and
his
people
,
by
assigning
and
appoynting
certaine
Commissioners
in
most
parts
of
his
Kingdome
,
and
giving
unto
them
full
power
and
authority
under
his
great
Seale
,
to
enquire
by
the
oathes
of
good
and
honest
men
,
aswell
within
liberties
as
as
without
,
as
also
by
the
depositions
of
any
credible
witnesses
,
to
be
called
and
examined
upon
their
oathes
,
and
by
all
other
waies
and
meanes
,
and
to
make
Certificate
of
the
Inquisitions
taken
before
them
,
into
the
Chancery
.
Thirdly
,
the
Subject
of
this
inquiry
:
What
and
how
many
Burroughes
,
Townes
,
Villages
,
Parishes
,
Hamlets
,
Farmes
,
Farmehouses
or
other
Messuages
or
houses
,
since
the
tenth
yeare
of
the
late
Queene
Eliz.
have
beene
and
now
are
depopulated
,
wasted
,
destroyed
and
ruinated
,
or
converted
from
the
habitation
of
husbandmen
to
other
uses
,
and
what
lands
and
Tenements
have
been
converted
from
tillage
and
plowing
to
other
uses
,
with
diverse
other
particular
clauses
and
branches
.
Fourthly
,
a
Command
unto
the
Commissioners
,
to
give
notice
unto
all
persons
,
who
claime
title
to
any
Lands
or
Tenements
so
wasted
,
depopulated
,
or
separated
,
either
as
heires
or
purchasers
,
or
by
or
under
any
person
committing
such
depopulation
,
and
waste
,
their
Farmers
or
Assignes
:
That
within
a
time
limited
by
the
Commissioners
,
or
any
two
,
or
more
;
They
,
and
every
of
them
,
doe
respectively
cause
to
bee
re-edified
and
repaired
,
all
and
singular
the
said
houses
of
husbandry
,
and
all
the
separated
lands
to
be
restored
to
the
houses
,
and
that
the
lands
converted
from
tillage
to
pasture
and
other
unlawfull
uses
,
bee
againe
restored
to
tillage
,
and
to
admit
of
husbandmen
to
be
Tenants
to
those
houses
,
prout
hactenus
fieri
consuetum
fuerit
.
Sect.
56
That
his
Majesty
hath
full
and
absolute
power
,
to
award
such
Commissions
for
the
good
and
benefit
of
his
Kingdomes
welfare
,
I
thinke
none
so
disloyall
as
to
doubt
,
according
to
the
exigence
of
the
present
times
,
for
the
better
preparing
of
his
intended
reformation
without
a
literall
imitation
of
former
presidents
:
In
novo
casu
novum
apponendum
est
remedium
,
variety
of
cases
must
have
variety
of
remedies
;
The
wisedome
of
a
Parliament
or
a
State
may
foresee
an
insuing
evill
,
and
they
may
enact
a
prohibiting
of
it
,
and
a
provision
of
some
paine
and
penalty
against
it
,
but
they
can
never
provide
de
futur
is
contingentibus
of
future
circumstances
and
contingencies
,
and
therefore
ubi
non
est
directa
lex
,
standum
est
arbitrio
Iudicis
,
where
a
direct
positive
Law
cannot
meet
with
an
offence
in
the
very
apple
of
the
eye
,
the
defect
must
be
supplied
by
an
arbitrary
Iudgement
according
to
the
circumstances
and
occurencies
of
things
.
Let
all
the
Statutes
that
ever
were
made
,
against
the
decaying
of
houses
of
husbandry
and
tilage
,
be
strictly
inspected
,
and
not
any
one
of
them
either
did
or
ever
could
prescribe
such
a
proportionable
remedy
,
for
such
a
crime
in
all
things
,
as
the
sentence
of
that
great
Iudgement
seat
hath
done
.
Sect.
57
By
the
Statute
of
5.
and.
6.
Edw.
6.
cap.
5.
intituled
,
An
act
for
the
maintenance
of
tillage
,
and
increase
of
corne
;
It
was
ordeyned
that
his
then
Majesty
,
his
Heires
and
Successors
,
at
his
and
their
will
and
pleasure
,
should
from
time
to
time
,
direct
his
and
their
severall
Commissions
under
the
great
Seale
of
England
,
to
such
persons
as
it
should
please
them
,
to
inquire
by
the
oathes
of
a
sufficient
Iury
,
what
Lands
and
Tenements
in
every
Towne
,
Parish
,
Village
,
or
Hamlet
within
the
limits
of
their
charge
,
had
at
any
time
or
times
since
the
first
yeare
of
King
Henery
the
eight
beene
converted
and
turned
from
tillage
to
pasture
,
and
was
then
,
or
then
after
should
be
continued
and
occupied
in
pasture
,
and
to
certifie
the
presentment
thereof
into
the
Court
of
Chancery
with
convenient
speed
,
to
bee
thence
delivered
over
into
the
Court
of
Exchequer
,
there
to
remaine
amongst
the
Records
of
the
same
Court
,
to
the
end
that
Statute
might
bee
the
more
diligently
and
indifferently
put
in
execution
.
By
the
Statute
of
2.
and
3.
Philip
and
Mary
cap.
2.
intituled
,
An
act
for
the
reedifying
of
decayed
houses
of
husbandrie
,
and
for
the
increase
of
tillage
,
citing
the
Law
of
4.
Henery
7.
which
is
before
largely
recited
,
it
was
ordayned
that
the
like
Commissions
in
effect
should
be
awarded
,
and
that
the
Commissioners
should
have
full
power
and
athority
,
to
enquire
,
heare
and
determine
,
by
the
oathes
of
twelve
men
,
or
by
information
,
or
other
lawfull
wayes
or
meanes
,
all
and
singular
defaults
and
offences
,
committed
or
done
since
the
feast
of
Saint
George
the
Martyr
,
in
the
twentieth
yeare
of
Henry
the
eighth
,
or
then
after
should
be
committed
or
done
,
aswell
contrary
to
the
tenor
and
effect
of
the
said
former
act
(
4.
Henery
7.
)
as
contrary
to
one
other
act
of
7.
Henery
8.
intituled
,
An
act
to
avoyd
letting
downe
of
houses
,
and
also
to
enquire
,
heare
,
order
,
and
determine
by
the
said
wayes
and
means
of
and
concerning
all
grounds
whatsoever
converted
from
tillage
to
pasture
since
the
sayd
feast
,
or
then
after
to
bee
converted
from
tillage
to
pasture
,
and
also
of
all
ground
in
or
neare
any
corne
fields
newly
used
or
imployed
since
the
sayd
feast
,
or
then
after
newly
to
be
used
,
imployed
and
converted
to
the
keeping
of
Conies
,
not
being
a
lawfull
warren
,
and
whereby
the
Corne
of
any
persons
,
other
then
the
owner
of
the
same
Conies
since
the
sayd
feast
had
been
,
or
then
after
should
bee
,
destroyed
or
consumed
;
And
that
the
said
Commissioners
should
and
might
bind
by
Recognizance
the
persons
offending
,
and
guilty
in
any
of
the
foresaid
decaies
or
defaults
in
such
summes
of
Money
,
as
to
the
Commissioners
should
seeme
reasonable
,
for
the
reedifying
of
such
decayed
houses
,
and
for
the
converting
of
such
grounds
from
pasture
to
tillage
againe
,
and
for
the
diminishing
and
destroying
of
Conies
within
such
convenient
time
,
as
the
Commissioners
should
thinke
meete
,
limit
and
appoint
;
with
many
clauses
and
provisoes
in
the
sayd
Statute
at
large
expressed
.
Sect.
58
By
this
every
man
may
see
that
his
now
Majesties
proceeding
to
inquire
by
way
of
Commission
,
is
no
innovated
thing
(
as
some
would
murmure
and
pretend
)
but
warranted
by
former
examples
,
though
different
in
the
manner
and
forme
,
according
to
the
difference
of
times
;
That
of
K.
E.
was
to
inquire
and
certifie
;
This
of
.
K.
Phi.
and
Q.
M.
to
inquire
,
heare
and
determine
.
In
this
Statute
there
is
one
clause
of
moderation
in
these
words
.
And
for
asmuch
as
it
is
like
to
bee
that
some
ground
converted
from
tillage
into
pasture
,
is
divided
into
severall
small
parcells
,
remaining
and
being
in
divers
and
severall
mens
hands
,
so
that
any
one
part
will
not
be
sufficient
to
keepe
a
plow
upon
:
and
for
that
some
grounds
have
beene
tilled
for
the
destroying
of
mosse
,
bushes
,
browne
firs
,
heath
,
and
not
onely
to
be
continued
in
tillage
and
such
like
,
and
that
also
some
demeanes
in
the
absence
of
the
owners
have
beene
divided
to
sundry
occupiers
,
who
have
tilled
the
same
,
not
being
commonly
used
to
tillage
,
before
the
said
feast
of
S.
George
:
and
for
that
divers
other
particular
cases
may
fortune
to
bee
,
which
the
generall
purveiance
of
this
Statute
cannot
remedy
without
greater
hurt
then
good
to
be
done
by
the
same
:
and
for
that
also
in
some
places
of
this
Realme
it
is
not
necessary
the
purveying
of
this
estatute
,
to
extend
and
to
be
fully
executed
,
but
in
some
places
,
and
upon
some
occasions
or
causes
,
it
may
more
conveniently
bee
spared
then
put
in
ure
,
and
is
therefore
necessary
to
referre
such
things
with
all
other
circumstances
,
to
the
discretion
of
the
Commissioners
who
may
more
perfectly
understand
the
same
.
Sect.
59
By
this
every
man
may
collect
,
that
no
positive
Law
can
bee
so
punctually
made
,
as
to
adapt
a
cure
for
every
civill
disease
,
but
must
admit
of
a
temper
and
qualification
in
some
things
,
aswell
as
an
agravation
in
other
things
,
according
to
the
intervenience
of
circumstances
:
and
therefore
there
was
a
power
of
discretion
left
unto
the
Commissioners
.
But
this
evill
being
now
growne
great
,
and
in
favour
and
alliance
with
the
greatest
men
of
a
Country
,
the
providence
of
his
Majesty
and
the
State
,
hath
by
this
Commission
only
delegated
a
power
to
inquire
and
certifie
,
but
not
to
determine
,
reserving
that
to
the
discretion
of
himselfe
and
his
sacred
Councell
who
never
confine
their
Iudgements
to
the
faces
,
but
the
facts
of
men
,
and
secundum
allegata
&
probata
.
There
is
another
provision
in
that
Law
of
Philip
and
Mary
,
in
these
words
:
And
bee
in
enacted
by
the
authority
aforesaid
,
that
if
any
person
or
persons
,
shall
bee
condemned
or
charged
with
or
for
any
offence
,
that
hee
or
they
ought
not
to
bee
charged
withal
,
by
this
act
or
by
any
of
the
foresaid
former
Statutes
:
That
then
the
said
party
or
parties
shall
and
may
have
his
or
their
traverse
and
remedy
therefore
in
the
Star-chamber
before
the
Councell
there
.
Sect.
60
Hence
is
to
bee
inferred
,
that
no
Law
can
bee
so
wisely
woven
and
contexed
,
but
will
neede
some
interpretation
and
explanation
;
And
to
whom
doth
the
interpretation
of
the
Lawes
belong
,
but
to
the
King
,
assisted
with
his
Honourable
Councell
,
and
to
the
Reverend
Iudges
under
him
.
There
is
no
Act
done
by
the
body
of
the
Councell
,
but
is
presumed
to
be
the
Act
of
the
King
;
In
the
time
of
Ed.
the
3.
Thorpe
and
other
grave
Iudges
would
not
in
cases
of
difficulty
deliver
their
finall
Iudgements
,
untill
they
had
resorted
to
the
Lords
of
the
Councell
;
Of
cases
in
that
kinde
,
the
yeare
bookes
in
his
Raigne
are
plentifull
.
This
Statute
,
according
to
the
practise
of
former
times
,
seems
to
refer
the
party
grieved
to
a
remedy
by
way
of
traverse
and
defence
in
the
Star-chamber
,
a
Court
consisting
of
the
greatest
Lords
of
the
Honourable
Councell
,
spirituall
and
temporall
,
reverend
Iudges
and
other
assistants
.
Whither
should
there
then
bee
any
refuge
,
either
for
the
interpretation
or
moderation
of
positive
Lawes
(
in
the
vacancy
and
cessation
of
the
great
Court
of
Parliament
)
but
unto
this
Court
,
where
Kings
themselves
have
often
vouchsafed
to
sit
in
person
?
Sect.
61
His
now
M
t
s
providence
and
Iustice
in
dispersing
his
said
Commissions
,
cannot
take
so
good
effect
,
if
the
people
and
Country
(
for
redres
of
whose
grievances
they
are
awarded
)
be
not
dextrous
and
carefull
in
performing
their
duties
of
inquiry
&
discovery
,
the
Cmmoissioners
are
injoyned
under
their
faith
&
legiance
to
discharge
the
trust
in
them
reposed
;
and
all
his
M
t
s
Subjects
,
aswell
officers
as
others
by
the
last
clause
of
the
Commission
,
are
required
to
be
attending
,
ayding
,
and
assisting
unto
them
,
so
often
as
they
shall
be
thereunto
summoned
.
I
cannot
therefore
passe
by
those
good
and
lawfull
men
of
the
Country
,
who
not
only
by
vertue
of
their
naturall
and
legall
legiance
,
but
also
,
by
a
Sacramentall
tye
and
bond
,
are
or
shall
bee
ingaged
and
charged
to
inquire
of
those
offences
in
the
country
without
a
monitory
caution
,
that
they
imitate
especially
,
one
of
the
properties
prescribed
by
Iethro
,
his
Counsell
to
Moses
in
selecting
his
Rulers
of
the
people
to
be
viri
fortes
,
able
men
,
non
fortitudine
corporis
,
but
animi
,
not
in
strength
of
body
,
but
strength
of
minde
,
not
to
feare
the
faces
of
men
,
not
of
a
Land-lord
,
not
of
a
potent
man
(
were
he
a
Livetennant
or
greater
)
in
a
Country
.
Fortitude
is
one
of
Tullie
his
cardinall
vertues
,
it
banisheth
all
sordid
and
slavish
feare
;
It
was
an
old
complaint
,
that
,
Lawes
were
aranearum
telis
similes
,
like
Cobwebs
,
wherein
the
smaller
flies
are
caught
,
great
ones
breake
forth
:
Surely
our
Laws
are
not
such
of
themselves
,
and
most
sure
it
is
,
that
our
superiour
seats
of
Laws
and
Iustice
are
not
so
easily
passed
through
,
but
that
they
will
seize
and
hold
the
most
griping
and
rapacious
,
bird
,
or
beast
;
And
with
them
is
observed
aswell
the
practize
as
the
rule
.
Indè
ortae
leges
,
ne
fortior
omnia
posset
.
But
it
is
the
abuse
of
bad
men
,
together
with
the
cowardise
and
pusillanimity
of
those
who
should
be
probi
&
legales
homines
,
for
want
of
presenting
and
bringing
offendors
under
the
eye
of
Law
,
that
the
Lawes
are
so
much
disesteemed
:
Such
men
who
are
so
regardlesse
of
their
allegiance
,
so
carelesse
of
their
conscience
,
and
respectlesse
of
their
oathes
,
that
they
will
not
see
and
discover
the
desolations
and
greevances
of
their
Country
,
are
themselves
a
greevance
to
the
Country
,
and
enemies
to
the
King
and
State
.
—
Hostis
est
,
Sen.
in
.
Her.
fur
.
quisquis
mihi
non
monstrat
hostem
—
He
is
a
foe
unto
me
that
discovers
not
my
foe
:
A
man
may
asmuch
transgresse
in
conniving
at
,
and
concealing
an
offence
,
as
the
offender
himselfe
in
the
acting
of
it
,
and
therefore
may
justly
expect
a
proportionable
punishment
.
This
may
suffice
for
a
briefe
remembrance
to
the
Iurors
,
whereof
the
Counstables
and
other
Country
Officers
may
partake
.
I
shall
conclude
all
with
a
Caution
to
Farmers
and
Husbandmen
,
and
then
draw
to
an
end
.
Sect.
62
They
may
observe
by
what
hath
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
frumentum
,
ut
imminuamus
mensuram
,
&
angeamus
siclum
,
&
supponamus
stater
as
dolosas
,
&
possideamus
deamus
in
argento
egenos
,
&
pauperes
pro
calciamentis
,
&
quisquilias
frumenti
vendamus
:
Heare
this
ô
yee
that
swallow
up
the
needy
,
even
to
make
the
poore
of
the
Land
to
faile
,
saying
,
when
will
the
new
Moone
be
gone
,
that
we
may
sell
Corne
,
and
the
Sabbath
,
that
we
may
set
forth
Wheat
,
making
the
Ephah
small
,
and
the
Shekell
great
,
and
falsifying
the
ballances
by
deceipt
,
that
we
may
buy
the
poore
for
silver
,
and
the
needy
for
a
paire
of
shooes
,
yea
and
sell
the
refuse
of
the
Wheate
;
Amos
ca.
8.
verse
5
,
6
,
7.
The
sentence
followes
:
Shall
not
the
Land
tremble
for
this
,
and
every
one
mourne
that
dwelleth
therin
?
verse
8.
I
will
turne
lla
your
feasts
into
mourning
,
and
all
your
songs
into
lamentations
,
ver.
10.
Sect.
68
But
sithence
the
excellency
of
our
dread
Soveraigne
hath
vouchsafed
so
much
tender
care
of
tillage
and
culture
,
as
hath
already
produced
a
hopfull
issue
of
future
reformation
,
for
the
honour
of
his
imperiall
State
,
the
advancement
of
the
Church
,
and
common
good
of
all
;
It
is
much
to
be
hoped
,
that
the
Farmers
and
Husbandmen
of
his
Kingdome
will
shake
off
those
Vipers
,
and
have
no
fellowship
with
them
in
their
wayes
and
courses
of
oppression
,
that
they
will
not
hide
their
Corne
,
and
keepe
it
up
to
bee
devoured
by
vermin
,
rather
then
at
Competent
rates
,
to
disperse
and
distribute
the
blessings
of
the
earth
,
amongst
his
Majesties
people
,
at
publike
times
and
places
appointed
by
the
Lawes
and
Government
under
which
we
live
,
that
they
will
avoyd
,
all
unwarranted
transportations
of
Corne
,
and
in
all
things
do
,
as
they
would
bee
done
unto
;
And
then
,
Virg.
Geor.
l.
3.
O
fortunatos
nimium
bona
si
sua
norunt
Agricolas
.
Then
the
blessings
of
obedience
shall
be
pronounced
to
them
:
Blessed
shalt
thou
be
in
the
Citty
,
and
blessed
shalt
thou
be
in
the
field
,
blessed
shall
be
thy
basket
and
thy
store
,
Deu.
28.3
,
5.
The
King
shall
bee
blessed
in
his
people
,
and
the
people
shall
bee
blessed
in
their
King
,
wee
shall
not
have
cause
to
feare
the
faces
of
them
that
grind
the
faces
of
the
poore
,
those
lapides
molares
;
depopulators
and
racking
Landlords
.
Nor
ever
take
up
that
parable
of
lamentation
,
depopulatione
vastati
sumus
.
The
King
shall
cover
us
under
the
wings
of
his
Royall
and
religious
protection
,
and
we
shall
render
to
him
the
dues
of
our
faith
and
obedience
,
the
Almighty
shall
cover
us
all
with
his
blessing
of
peace
and
plenty
,
and
all
shall
goe
well
betweene
King
and
Subject
,
better
then
prout
hactenus
fieri
consuetum
fuerit
.