CONSIDERATIONS Concerning COMMON FIELDS, AND INCLOSURES, DIALOGVEWISE, Digested into a deliberative Discourse between two supposed Friends, Philopeustus and Parrhesiastes. AND TENDING Partly to state and determine the question of lawfulness or unlawfulness between Enclosures, and Common Fields, Partly to answer some passages, which may be thought to make against Enclosure in general, in another discourse lately published by Mr JOHN MOOR, under this Title, The crying sin of England, of not caring for the poor. Mat. 7.3, 4. Why beholdest thou the mote that is in thy brother's eye, but considerest not the beam that is in thine own eye? Or how wilt thou say to thy brother, Let me pull out the mote out of thine eye, and behold, a beam is in thine own eye? LONDON, Printed for Abel Roper, and are to be sold at the sign of the Sun, over against St Dunstan's Church in Fleetstreet. 1654. PSEUDOMISUS to PHILORTHUS; OR, The Author to his Friend. SIR, IF you chance to see in print (as peradventure you may do) a little discourse under this Title, Considerations concerning Common Fields & Enclosures, and conceive (as I suppose you will do) that it was penned by me, I shall owe you an account of one thing, and entreat another of you, both which I think it not amiss to acquaint you with now. That which I shall owe you an account of, is, the concealing of my name; and, to deal clearly with you, I do it, partly because I am not willing yet to relinquish an old resolution, which I put on long ago, never to permit my name to be printed with any work of my own; partly because I now conceive it somewhat necessary to do so, to the end that neither the Author, nor the Book may speed the worse for one another. I know what briers and thorns are with me, & amongst what Scorpions I dwell, whose words though I may not be afraid of, nor dismayed at their looks, which God forbade his Prophet, Ezek. 2.6. Yet I must not forget, that our Saviour himself, Mat. 10.16.28. at the same time when he said unto his Disciples, Fear not them which kill the body, said likewise, be ye wise as serpents; whose ways upon rocks, as Agur observes, Pro. 30.18, etc. were amongst those things, which he knew not. And for him, that would endure hardness, as a good soldier of Jesus Christ, a Breastplate of Innocence, and a Shield of Patience, will not always be defensive armour enough, without an Head-piece of prudent circumspection; which sometimes is seen in a purposely concealed secrecy, as well as in any thing else; especially then, when it may be a question, whether of the two is most commendable, to be eminently virtuous, or obscurely innocent. Having thus given you an account of the reasons, why I conceal my name myself, that which I shall entreat of you is, that you will do the like for me; and though you may imagine who I am, yet I pray you lock up that thought within your own breast, and do not lend the key to any one, except it be unto myself. So you shall further oblige me to be still, as I am, Entirely yours. The Publisher to all ingenious, and judicious, unprejudicate, and impartial Readers, wisheth outward prosperity in all things, together with the inward peace of a good Conscience. GEntlemen, to you, as the only competent judges in matters of controversy, I make my address, desiring you, before you pass any censure at all upon it, thoroughly to examine this ensuing discourse, which briefly and plainly, in a moderate way, discovering the difference of Common fields and Enclosures, the evil of the one, and advantage of the other, may serve as an Antidote against that misunderstanding, which may be raised in the minds of some men, by those suggestions which are offered unto them, in another discourse, lately published under this Title, The crying sin of England of not caring for the poor, and dedicated to the supreme Authority of this Nation, The Parliament of the Commonwealth of England, by John Moor, Minister of the Church of Knaptost in Leicestershire. I confess this discourse was not written by myself, but it came to me with this intimation, that the Author would not be offended to see it in print, either without any name at all, or with any name, except his own: His opinion being, that it is a symptom of too much distemper in the minds of men, when truths are not well digested, or tasted, without sauces of names; and his resolution to rejoice in private, when he seethe any good cause get the victory, although he himself be no public partaker in the triumph. And now to follow his example therein, I am content to tender his discourse to all men, to whom it may be beneficial, whether they will give me thanks for it, or no. The Contents. THe Author's Epistle to his Friend. The Publishers Epistle to the Reader. Sect. 1. An Introduction to the ensuing discourse, applying that which Mr. Moor hath said of those that care not for the poor, to them, that by hindering Enclosure prevent the reformation of those abuses in Common fields, which are means to make, and keep men poor. page 1. Sect. 2. Six considerations of important concernment in this case. page 3. Sect. 3. Injurious dealing of neighbours with one another in Common fields an ordinary means of making and keeping men poor. page 4. Sect. 4. Enclosures rightly ordered the means to redress the abuse of injurious dealing in common fields, without depopulation, pag. 8. Sect. 5. Decay of Tillage no proper adjunct, or necessary effect of Enclosure, but rather the contrary. page 10. Sect. 6. Manuring of land in common fields by the folding of sheep not so beneficial as is commonly conceived. page 11. Sect. 7. Fewer cattle kept in grounds enclosed may yield greater profit then more in common fields. page 12. Sect. 8. Other inconveniencies in common fields, as want of good husbandry, etc. page 14. Sect. 9 Answers to that which Mr. Moor hath said, page 7. concerning Make-beggars, and the woe denounced by the Prophet, Isaiah 5.8. page 15. Sect. 10. Answers to that which Mr. Moor hath said, page 8. concerning depopulation. page 17. Sect. 11. Answers to that which Mr. Moor hath said, page 9 concerning decay of Tillage. page 18. Sect. 12. Answers to that which Mr. Moor hath said, page 10. concerning the misery of Tenants and Cottiers by means of Enclosure. page 21. Sect. 13. Answers to that which Mr. Moor hath said page 11. concerning filthy lucre as the main inducement to enclosure. pag. 24. Sect. 14. Answers to that which Mr. Moor hath said page 12. concerning depopulation coming by degrees. page 25. Sect. 15. Answers to that which Mr. Moor hath said page 13. concerning famine by means of Enclosure. page 26. Sect. 16. Answers to that which Mr. Moor hath said page 13, 14. concerning Lawsuits for not consenting to Enclosure. page 27. Sect. 17. Answers to that which Mr. Moor hath said page 14. concerning the price of land trebled upon Enclosure. page 29. Sect. 18. Answers to that which Mr. Moor hath said page 19 concerning worldlings, greedy gripes, delighting to converse with beasts. page 30. Sect. 19 Answers to that which Mr. Moor hath said page 22, 23. concerning a curse following Enclosure. page 32. Sect. 20. Answers to that which sometimes is objected concerning the Churches right unto Tithes, and wrong done to Ministers by Enclosure. page 35. Sect. 21. Answers to that which is sometimes objected, that Enclosure is a thing of evil report. page 36. Sect. 22. The conclusion of the precedent discourse, with a proposal of four questions to be answered by them that are adversaries to Enclosure, and a quotation out of Mr. Fuller's description of a good Landlord. page 37. CONSIDERATIONS concerning common FIELDS and INCLOSURES, Dialoguewise digested into a deliberative discourse, between two supposed friends, PHILOPEUSTUS and PARRHESIASTES. Section 1. Philo. SIR, have you seen a little discourse lately published under this Title, The crying sin of England, of not caring for the poor, and dedicated to the supreme Authority of this Nation, the Parliament of the Commonwealth of England, by John Moor Minister of the Church of Knaptost in Liecestershire? Par. Yes, I have seen it, and not seen it only, but likewise seriously considered of it, having purposely perused it divers times. Phil. I pray you then tell me your opinion of it. Hath the Author therein approved himself such an unanswerable advocate for common Fields against Enclosures, as by report it is pretended that he hath? Par. What others may do I cannot tell: but for my part I do not perceive, that he hath spoken any thing at all to that purpose It is true, that in the pathetic part of his discourse he appeareth very zealous in behalf of the poor, and bitter enough against those that oppress them, or do not take care for them: but the rational part of his discourse, wherein he pretends that he hath set forth those oppressors to the life, is not indifferently extended unto all Enclosures, but expressly limited and restrained unto such as unpeople towns and uncorne Fields, in the Title page: to the unsociable, covetous, cruel brood of those wretches, that by their Enclosure do unpeople towns and uncorne Fields, page 7. And in sundry other places of his discourse he speaketh reservedly of these Enclosures, and such Enclosures, but never, that I can observe of Enclosure in general, as if he understood all to be unlawful. Nay rather he seems to take it for granted, that Enclosure is not unlawful, if it be not such as he complaineth of, which I the rather conceive to be so, because I have heard, that Mr Moor himself was once very earnest for an enclosure, if he could have had it effected according to his own desire. Yea more, my opinion of that discourse is, that from the Doctrine, the prosecution whereof he propoundeth to himself, as much may be inferred against common Fields, as can be against Enclosures in general, and in particular more reasonably against the abuses of common fields then of Enclosures, by how much, it is easier to reform all the abuses of Enclosures, without turning the ground into common again, than those of common Fields, without enclosing them. And to prove, not the lawfulness alone, but even the necessity of Enclosure, for the benefit of the Commonwealth and prevention of poverty; there, needeth, I think, no better argument, then may be gathered out of that discourse. So that the adversaries of Enclosure in general, I think, will give Mr Moor but little thanks for it, when they truly understand the consequents thereof. Page 2. His doctrine is, That they are not ordinary sinners, but Judas-like sinners, that care not for the poor. It is no little sin, but a wrath-provoking sin, not to care for the poor: yea, God and Christ (saith he) care not for those Nations, those places, those persons, that care not for the poor. If to this Proposition you add this Assumption, but they care not for the poor (understand it as they ought to do) who by hindering those Enclosures, whereby the evils and abuses of common Fields may be reform, are means either to make or continue men poor, the conclusion will be, therefore, they are not ordinary sinners, but Judas-like sinners, that hinder these Enclosures. It is no little sin, but a wrath-provoking sin, to hinder those enclosures: yea, God and Christ care not for those Nations, those places, those persons, that hinder those Enclosures, and thereby prevent the reformation of those evils and abuses in common Fields, which are means either to make or continue men poor. Phil. This me thinks is somewhat strange: and yet, if you can make good the Assumption, I do not see how the conclusion can be any way avoided. Par. The Assumption I believe may be easily made good, by instancing the many particular evils and abuses, which abound, where the Fields lying open are used in common, and cannot be reform, but by Enclosure rightly ordered as it ought to be, or no way else so well. Phil. I pray you then do me the favour to mention some of those particulars. Sect. 2 Par. I will, But first I think it not amiss to premise some general considerations, which are of much importance in this case. One is, that sin is always an accursed thing: especially then, when it is most generally practised, with the least regret of conscience, and there, where the reformation of it is, not only not endeavoured, but purposely opposed, when it is sought. Another is, that as sin is always the proper cause, so most an end it is, the special occasion, as of other miseries amongst men, so of poverty in particular. A third is, that the most effectual means to prevent and to remove as other miseries amongst men, so poverty in particular, is to put an end to sinful courses. A fourth that then the best care is taken for the poor, when the most effectual means is used to prevent, or to remove their poverty. A fift, that it is a duty incumbent upon all that are members of a Commonwealth, as they have means and opportunity, to the best of their understandings & abilities, to endeavour the advancement of the public benefit, which is but the summa totalis of all particular Items: A sixth, that the greatest advantage to the Commonwealth, that can be raised out of land, is then, when it is employed unto that use especially, for which it is fittest, and in such manner, that the greatest proportion of profit may be raised, with the least expense of charge. Sect. 3. These things premised, and taken for granted, which I think in reason cannot be denied: The first particular instance that I will give you, of the evils and abuses in Common-fields, is the injurious dealing of neighbours one with another, trespassing upon, and intruding into that which is not theirs, either carelessly, or wilfully. This, besides the curse which hangeth over the head of the wrong doer himself, is a great hindrance to the owner, whose right is taken by another, without any recompense to him. Thus, where fields lie open, and the land is used in Common, he that is rich, and full stocked, eateth, with his cattle, not his own part only, but likewise his neighbours, who is poor, and out of stock. Besides that it is an ordinary practice with unconscionable people to keep above their just proportion, until they think there will be notice taken of it, and then to remove their cattle out of sight, that they may not be observed. And with some, not only to encroach upon other men's lands, and upon the Common by ploughing further than they ought to do, in balks and hades, but likewise to remove mere stones, to deface the marks of other men's lands, and where they find leas not marked at all, to mark them as their own. And I believe it may be observed, that for the most part, the greatest complainers against, and opposers of Enclosure, either in general or upon equal and indifferent terms, are such as have been accustomed unto, or desire they may have liberty to practise such licentious courses. Phil. But some of this methinks is not so much to be complained of, as you seem to conceive: For the poor man, that hath not stock of his own to store his Commons with, may set them unto other men, and so not be deprived of his right. Par. It is true that sometimes he may do so, but not without much disadvantage to himself: For the benefit which he should have, if the stock were his own, accrues unto him, to whom he sets his Commons; who will be sure not to take them, but at such an under rate, as that he may make advantage to himself thereby. Which if it be not damnum emergens, an increase of loss, must of necessity be lucrum cessans, an abatement of profit to the owner. And by this means in Common-fields many times, not Tenants alone, but even Freeholders also are eaten out of all, and reduced to beggary. But what means of redress can you imagine may be had in Common-fields, for the rich man's eating up the poor man's Commons in case he can neither stock them himself, nor set them unto others? Phil. As much I suppose, as if his land were enclosed, and that he could not have a Tenant for that part which he could not stock himself. Par. No, therein you are deceived: For, in a ground inlosed, that grass which he hath not cattle of his own to eat, if he cannot, or be not minded to set it to another, he may either mow, if it be fit for hay, or else preserve for his own use against another time, when he can get stock to put upon it, or if he cannot so soon as he would, yet the land at the least would be improved by it against another time; whereas in a Common-field it would be eaten bare by others, without any recompense at all to the owner. So the two great rules of Moral righteousness, Suum cuique, Render to all their deuce, Rom. 13.7. and, Quod tibi fieri non vis, alteri ne feceris, All things whatsoever ye would that men should do to you, do ye even so to them, Mat. 7.12. are both transgressed, by means of this one unremediable evil, which fields lying open, and used in common, are subject unto. And why should not all that Master Moor in his discourse hath said against oppression and wrong-doing, be applied as well to oppression and wrong-doing in common fields, as in grounds that are enclosed? Phil. But why should you pretend a breach of those rules of moral righteousness, by the rich man's eating up the poor man's Commons, when the rich man Commoneth no more, than his proportion cometh to? For although it happeneth so, that the poor man's Commons not being stored, the rich man's cattle do feed upon them, yet it is not the rich man's intent, or desire that it should be so. Par. If that were always true, and you could likewise add, that he took no content or pleasure in it, but were sorry for it, you should say something to free the rich man from being guilty of approving himself in doing wrong, though not to repair the poor man's loss. But then, why do not such rich men, where the fields lie open, and are used in common, show their care of the poor, by recompensing them for those their Commons, according unto the proportion of the profit, that accrues unto themselves thereby? Is not neglect of the poor in this, which is a means both to make, and to keep them poor, as crying a sin in Common-fields as it is in Enclosure not to relieve them out of a man's own, wherein they can challenge no interest or right at all, but of charity? Methinks it should not be denied by any man, that pretendeth care of the poor. But what do you say to trespasses and intrusions in Common fields? Phil. I say they are not proper unto Common-fields alone, but the like objection may be made against Enclosures, also. He that hath the conscience to put cattle upon Commons, either more than he hath right to do, or where he hath no right at all, it is very like, will make little scruple to do so in ground enclosed also, if he can find a fit opportunity to serve his turn. Par. You do well to say so, if he can find a fit opportunity to serve his turn: for that indeed makes a very great difference between common Fields and grounds enclosed, namely, that ill conditioned unconsiderable people have not the like opportunities to serve their turns in these, as they have in those. If the fences about enclosed grounds be good, and the gates kept fast, other men's cattle cannot easily be turned in, or if they be, may quickly be observed. But all the wrong in this kind is not done with lose cattle alone. It is a thing too usual in common Fields for one man to trespass upon another, when ground, either for grazing, or for mowing, is severally lotted out: those who have consciences large enough to do it, will lengthen their ropes, or stake them down so, that their horses may reach into other men's lots, and either in mowing or in making their hey, will add unto their own by taking from another man's. And for the removing or altering of land marks, the abuse is so gross, that no man I think can be so shameless, as to offer any excuse for it, though many be neither ashamed nor afraid to practise it. Now all unrighteousness is sin, 1 John 5.17. And God is the avenger of all such as go beyond or defraud (the margin of our bibles hath it, oppress, or overreach) their brethren in any matter. 1 Thes. 4.7. So that, if it were but for this one thing alone, enclosure rightly ordered, would be necessary to deliver him that is spoiled out of the hand of the oppressor, that he may do no wrong, Jer. 22.3. Yea to deliver them out of the hand of the Lord, who otherwise would commit a trespass against him by wronging other men, Josh. 22.31. Phil. It is true as you say; these evils are great, and such, as for which men may be justly punished by God himself, yea peradventure sometimes are. But there may be other means of redress then by Enclosure only. The parties that are wronged may be righted by law, and trespassers taught to take heed of doing wrong, by being made to pay dearly for it. Par. It is true, they may be so, when the wrong done, is not only taken notice of, but also may be proved against him that hath done it: and were it not for that, there were no living for honest men, where the Fields lying open are used in common. But would it not be better that the evil itself should be prevented, then honest men be necessitated, either to have recourse to that remedy, or suffer perpetually without redress? Bonum est cauterium, sed quo mihi vulnus ut indigeam canterio. Physic is good, but not to have need of it is better. Besides that, the wrong done is not the less, nor will the punishment from God be the lighter, when it is done so secretly and subtly, that either it is not taken notice of at all, or cannot be proved. Are not law suits, and actions of trespass, particularly complained of by Mr Moor, as means to make men beggars, and undo them? page 13. If causa causae, be causa causati, if effects must be attributed, not only to the next immediately preceding, but likewise to remote antecedent causes, then keeping Fields in common, which gives opportunity to trespasses, and consequently occasion to law suits, cannot but be in some sort guilty of that poverty, which followeth upon such suits. And therefore they that will not permit the prevention of those suits, and so of that poverty, by giving way unto the removal of the occasion, by Enclosure rightly ordered, sure care not for the poor, so as they ought to do. And yet this it not all the wrong, that usually is done in common Fields. In all, or most towns where the Fields lie open and are used in common, besides houses of husbandry, and ancient cottages, that have right of common, there is a new brood of upstart intruders, as inmates, and the inhabitants of unlawful cottages erected contrary unto law; who live upon the spoil of other men, without making difference of any, rich or poor, whether they are able to bear it or no, they are sure to suffer by them. And if they be found with that, which any man may tell is not their own, because all men may be sure they should have nothing there: yet no man in particular can challenge them for it, unless he take them in the very act upon his own ground, not that which he hath right unto in common with others, but that which is distinctly known to be his: and then if they be but threatened that they shall be legally questioned, and punished for it, they on the otherside threaten to leave their charge, their wives and children, on the town to be provided for. So that in most places, the old stocks are not able to maintain the new sprung branches, except they can draw more nourishment unto themselves, by preventing those disorders, which drain it away from them. When the best living in a town is hardly sufficient to find maintenance and employment for one family, how shall three or four, as sometimes it hapeneth, be sustained upon it? And those for the most part not of labourers, but of loiterers, who will not usually be got to work, unless they may have such excessive wages, as they themselves desire, but choose rather to be idle, if not worse employed. Can any man in reason, and with a good conscience pretend, that to suffer such people to go on in their sins, without reformation, or restraint is to have care of the poor? unless men may be said to have care of the poor then, when they take a course, that they may continue always poor, and never be otherwise. Sect. 4. Phil. But do you think that by Enclosure this may be remedied? Par. Yes, very easily. Let every man that hath right unto any land, either as a freeholder, or as a tenant, have the same proportion of land allotted him to occupy in several, as before he had, or should have had, in common: and then, by raising greater profit to himself, he shall be better able, both to pay weekly contribution for the relief of the impotent poor, and to bear his part in the raising of a stock to set the able poor on work: which are the only two courses, which the law hath provided, whereby care is to be taken of the poor, and would be fully sufficient to that purpose, if duly put in practice, as they ought to be: and both of them may be as well put in practice, where lands are enclosed, as where they lie open, and are used in common if not better. Phil. It seems then, when the land belonging to a town is enclosed, you would not have any of the inhabitants turned out, or the houses pulled down. Par. No, by no means, nor would they be at all, if conscionable care were taken for the due execution of that, which the law hath sufficiently provided for, namely, that houses of husbandry be not decayed, nor cottages unlawfully erected, or inmates entertained. But, where houses of habitation have been erected, or inmates entertained contrary unto law, as I would not have them presently pulled down, or the inhabitants turned out, so neither would I have them continued any longer, then of necessity they must be, that is, until they grow empty of inhabitants: unless that the continuance of them by entertaining other inhabitants, may be found convenient for the town in general, as well as for the owners in particular: and then I would have some land laid unto them; at least so much, as is required by the law. For ancient cottages, which are not houses of husbandry, in the interpretation of the law, as the law hath made no provision for them, so I would have them left to the owner's discretion, when they grow void, either by the decease, or voluntary departure of the present inhabitants, to take them down, or to employ them otherwise, or to take in new Tenants, if they see good; So that be it not to the wrong of their neighbours, or to the prejudice of the other poor; who the fewer they are in any place, the better they may be there relieved, or otherwise provided for. And yet their madness is such many times, that they will bitterly exclaim against those men that will not give way to the increase of their numbers, by the bringing in of others amongst them; or that would have all idle Beggars, Rogues, and Vagrants, that wander up and down without a calling, to be restrained; to whom in most country towns there is commonly given by the inhabitants, almost every day, as much as might serve in a competent manner to relieve their own poor. Phil. Although you may be of this mind as you pretend, yet it should seem that few Inclosers heretofore have been, or yet are so; as may appear by those complaints, which Mr. Moor hath mentioned pag. 9, 10, 11. of Tenants and Cottiers discharged of their Tenements, and turned out of their houses. Par. That such complaints are commonly made, and not without cause sometimes, is very likely to be true. But I can hardly believe that all, who make such complaints, have always such cause as they pretend. For it is certain, that some have been pretended to be discharged, and turned out, who voluntarily did choose to be gone, and might have tarried, if they would. But as those who have been bred and brought up to be wand'ring beggars, will not be content with good entertainment in honest men's houses, especially if they be constantly put to any good employment: So those that have been used to wrong doing, and trespassing upon others in common fields, cannot endure to live where they must be restrained of that liberty, and will be sure to pretend themselves wronged, if they be not permitted to do wrong to others. But in case not one of all the complaints in that kind, which Master Moor hath heard, were causeless, and unjust; yet this is certain, there have been Enclosures made which have not unpeopled Towns, where none, either Tenants, or Cottiers have been discharged or turned out; and so may be again, without giving just occasion to any such complaints. Therefore to urge those complaints as an argument against all Enclosure, to prove it unlawful, were to infer an universal conclusion upon particular premises; which not good disputant will do. Sect. 5. Phil. This which you have said may be something, perhaps, in respect of Depopulation, or un-peopling of towns, but what will you say to the decay of Tillage, or uncorning of fields by Enclosure? Par. I say it is no necessary effect of Enclosure in general, nor any effect of Enclosure at all, if it be rightly ordered, as it should be; but rather the contrary. More Grain may be raised, and with less charge, in grounds enclosed, then in Common fields; if that which hath been tilled out of heart, and is weary of bearing, be laid down to rest, and that which is resty be broke up and tilled. Which may well be done in grounds that are enclosed, but cannot be done in Common fields, where land must be used as hath been accustomed, and cannot be otherwise, without a joint consent: which commonly is as hard to be obtained, as agreement to Enclosure. By this means in common fields much land is continued in tillage, which for the present is not fit for it, but after a reasonable time of rest would be: And much is continued in grazing, which for a time were fit to be Corned, and afterward, being laid down again, would bear better Grass then formerly it did. Thus to the great prejudice of the Commonwealth in general, as well as of the owners in particular, the land in common fields is not employed to the use that it is fittest for, nor so much Corn as might be raised. For it is well known by experience, that a few Acres of resty ground enclosed, with one ploughing only, and less seed, will ordinarily yield a greater increase than more Acres, and a greater proportion of seed, are wont to do in common fields with divers plowings. Besides that, in common fields, where divers men's lands lie intermixed, and every man's lands dispersed so, that many parcels in many places, and sometimes far asunder, go to make up one Acre, there is occasion of great inconvenience, and charge to the owners divers ways. Many days works are cast away, and much labour is lost in the ploughing of the land, in the carriage of Manure, and inning of the crop, which might be spared, if the land lay all together, as it doth in Enclosures. Besides the wrong that is many times done to other men by carting over, and turning, and winding upon their lands; and so in the Meadows by treading down, and driving over one another's Grass. Again, where the fields lying open are used in common, for the most part in the winter time cattle of all sorts, both small and great, are suffered at their pleasures to go over the fields, where Corn is sown, and do more hurt with their feet then with their mouths, especially when the weather is wet: and in the summer time, much cost and spoil is made in the corn, both whilst it is growing, and when it is cut, by horses breaking lose, and by the great herds of cattle, that are daily driven up and down between the furlongs, sometimes in narrow passages: so that usually the lands lying, next to those passages on either side, or butting on the common grounds, have little or nothing left upon them at harvest, to the prejudice of the owners in particular, and of the Commonwealth in general, which proportionably suffers in every man's loss. Again, in common Fields the land is much impoverished, not only by being continually kept in tillage without rest, which in its kind is as necessary for it, as for living creatures, but likewise by the burning of dung, and of straw, for want of other fuel, with which the land might be manured. But usually the hedges upon grounds that are enclosed, serve in a good measure, if not altogether, to supply that want: and besides the profit of fruit trees, if they be planted there, they likewise afford good shade and shelter for cattle, which in common Fields they cannot have, though it be many times almost as necessary for them as their meat. Sect. 6. Phil. The supply that ariseth out of hedges for fuel I confess is a good convenience, where wood is scarce, and coal not to be had, or only at excessive rates: but for the manuring of the arable land with dung and straw, that want is well supplied in common Fields by the folding of sheep. Par It may be not so well as you think: nor would it appear to be so, if all things should be well considered. For, first, The manuring of land with the fold serveth only for one year: and after the first crop the land is left as barren as before. The reason whereof I conceive to be, because the strength of the dung is much exhaled, spent and wasted by the weather, it lying long on the face of the earth not ploughed in, and so being turned, either to dust in a dry, or unto dirt in a wet season. Secondly the manuring of land with the fold is many times dearly paid for, with the loss of the flock by the rot. Thirdly, in case the sheep escape the rot, yet neither in their bodies, nor in their fleeces, do they yield so much profit, as they might do in grounds enclosed. Whereof the later, the fleece in grounds enclosed is usually fit to be combed for jersey, which in common Fields it is not: and combing of wool for jersey is likely, by the new manufactures, to prove a fare greater benefit to the Commonwealth, then clothing along, either is or can be. And yet, if manuring of land with the fold be any way advantageous, it may be practised as well in grounds enclosed, as in common Fields, or rather better: because, when the season is not fit for folding, the sheep may be left at large in the pasture, without any danger of trespassing in the meadows, or on the corn, which in common Fields they cannot be. Sect. 7. Phil. But in grounds enclosed there cannot be kept so many either great or small, as usually are kept in common Fields. Par. It may be so: and yet fewer cattle kept in pasture grounds may yield the owner's greater profit, then more cattle of the same sorts kept in common Fields can do: and that in divers respects. As first, they require less attendance, and so put the owner to less charge. Secondly, they are not subject to so much hazard. Sheep that are naturally quiet cattle, being hunted and hurried with dogs (as usually they are in common Fields, to keep them within their compass) are apt to get heats, to grow scabbed and break, which is not so in grounds enclosed: besides that which was observed before, concerning the loss of sheep in common Fields by rots: which many times is as great as the yearly rent of the whole Lordship would amount unto. And amongst great cattle in the common Fields, the weaker are wont to be hurt by the stronger, when they are driven together in a throng, by fight, rushing, goring, and the like: and are apt to be tainted by one another in times of infection: all which in conveniences are much prevented by Enclosure. Thirdly, where the Fields lying open are used in common, which kine being in the summer time kept fasting all night, and lodged on the hard stones, and in the day time driven up and down from place to place, their milk is not only less in quantity, but likewise worse in quality, being often so heated in their udders, that it cannot be so good for use in butter, and cheese, as otherwise it might be, and is in grounds that are enclosed. Fourthly, where the fields lying open are used in common, when the weather is wet, the cattle, by driving to and fro, make foul the ways, and having therein first dirtied themselves, then slain the ground, and make the grass unwholesome: which is not so in grounds enclosed. Fiftly, where the fields lying open are used in common both greater & lesser cattle, contrary to their natures, are constrained to rest, when they would feed, & feed when they would rest: yea sometimes are not suffered to be quiet, even while they are feeding, but kept going & eating together; which is not so in grounds enclosed. Sixtly, where grounds are enclosed, both the grounds and the cattle may be severally used, as is fittest for each: store cattle may be put upon grounds that are fittest for store, and feeding cattle upon feeding grounds. The owners may put off, or put on, either fewer, or more, from time to time, as they find it most convenient, and wait the best times both for selling, and buying again with the greatest advantage, their grounds in the mean time gathering head, so long as they are not fully stocked: whereas in common Fields, all sheep by themselves, and other cattle by themselves, go together, young and old, sick and sound, fat and lean: and when ever any are taken off, others must be presently put on in their steed or else the commons, in the mean time, will be lost from the owner, and eaten up by other men's cattle, as was said before. So usually after maths in common Fields are never let grow to any good head: but, all being eaten bare before hand, long and hard winters make lean and hungry cattle, and poor distressed husbandmen. And, as it is generally to be observed, that the richest countries in the land are those that are enclosed, so in particular towns it may be seen, that not freeholders only, but even tenants also, thrive better there, where their lands are enclosed, though they pay fare greater rents for them, than they do in common fields, though the rents, which they pay, be less by much. Yea, in some places it is certainly known, that the enclosure of their meadows only, though the rest of the land were still left open, hath been a great benefit to the inhabitants, and a means to redeem them from a poor unto a rich condition: much more might it have been so, if their pasture grounds also, as well as their meadows had been so enclosed: and yet more, if their tillage likewise had been laid together, each man's by itself, whether they had enclosed it, or no, so that they had only put an end unto their custom of common: which is the great occasion of many disorders, where the fields lie open, and which without enclosure are never likely to be redressed. But, if all places were enclosed, upon equal and indifferent terms for all that have right there, and with due respect unto provision for the poor, the scandal, I believe, would quickly cease, and all occasions of complaint be taken away. Sect. 8. Phil. That may be your opinion perhaps; but notwithstanding all that you have said, there are divers passages in Master Moor's discourse, which some men (those that would have it so at least) will think do make against enclosure in general, even that which is ordered in the best sort that can be devised, and not only against that, which alone (as you observed) it seemeth he did intent to speak of, viz. such as doth un-people towns, and un-corn fields. I pray you let me hear what you can say concerning them. Par. I easily believe, it may be so: For commonly things appear to men's eyes, as if they were of the same colour with the glasses, through which they are looked upon; and usually such glasses, to the minds of men likewise, are prejudice, and partiality: with which that those passages, which you speak of, in Master Moor's discourse, may not be discoloured, when you repeat the words, I shall quickly tell you what I think of them. But first I have something more to say, concerning the inconveniences. or mischiefs rather, which they are subject to, who live where the fields lying open are used in common. As this, that there is a great deal of land in common fields, which formerly hath been good, and might be so again, utterly spoilt for want of good husbandry. I know a place, where by this means the Commons were so impaired, that the inhabitants agreed to abate of their ancient usual stint one sheep in six, and one cow in three, and yet did confess, that formerly their cattle had fared better at the long stint, than afterward they did at the short; but they would not be persuaded to bestow better husbandry upon their land, though they thought it necessary to make a greater abatement in the number of the cattle which they kept upon it. And so by degrees, through the neglect of good husbandry, their Commons in time must needs have come to be but little worth: and yet they pretended, that they lived on their Commons only, and that their tillage did not quit their cost. Phil. But they might have bestowed better husbandry on the land if they would, and so the cause of that complaint might have been taken away. Par. By a general agreement of all to that purpose they might; otherwise they could not, unless some alone should have been at the charge for all. And that is one great evil in common fields, that they who would be good husbands cannot, when other perverse conditioned people are not minded to permit them. But where grounds are enclosed, if any man will be a good husband on the land which he holdeth, he may, if he will not, he hurteth himself alone, and not his neighbours, nor needeth to be hurt by them, unless it be through his own default. Another thing, which in common fields is a great means of making and keeping men poor, and more of late then heretofore, is, that all public payments, as taxes and the like, are laid according to the number of the yard lands as they are usually accounted, and valued alike, though some times there is scarce half so much profit made of one as of another. A poor man for a small yard land, and peradventure not half stocked, shall pay as much as a rich man doth for a great one stocked to the full: and so the poorer that a man is already, the poorer, and poorer still it is like he shall be. Phil. This might easily be prevented in common fields, as well as in grounds enclosed, if all payments were proportioned according unto the pound rend for the land, and the stocks valued severally. Per. Peradventure not so easily as you imagine. For in common fields although the yard lands be not equal, either in quantity, or in quality, yet because they have like proportions of commons appertaining unto them, whether they be furnished with stock or no, the inhabitants will never be persuaded to charge them otherwise then equally; as they have been accustomed. Whereas in grounds enclosed there is commonly consideration had, in the valuation of them, both to the quantity and to the quality: or if unto the quantity only, yet it is upon supposition, that one with another there is no much considerable difference in the quality: And for the valuation of stocks, it is an endless piece of work to examine whose they are, and a means to set all men at variance. Another thing is, that where grounds are enclosed, cattle cannot easily go away of themselves, or be driven out, but that they may quickly be miss, and tracked: whereas in common fiields they may wander of themselves, or be driven away by others, long before the owners can tell, either whether they be there, or whether they be gone: and sometimes they are long in looking far for that, which at last they must find either near at hand, or not at all. But, to trouble you no further now in this kind, let me hear, if you please, what it is in Mr Moores discourse, which you think may be suspected to make against enclosure in general. Sect. 9 Phil. Page 7 he saith, How great a shame is it for a Gospel magistracy not to suppress make-beggers, which make such swarms of beggars in countries, Cities, and Towns? That care not how many beggars they make, so themselves may be gentlemen; nor how many poor they make, so themselves may be rich. I mean the unsociable covetous cruel brood of those wretches that by their enclosure do unpeople towns, and uncorne fields: who fall under the Prophet's woe, Isa 5.8. That join house to house, and field to field, till there be no place, that they may be placed alone in the middle, of the earth, and be rid of all the poor. What say you to this? Par. To this Isay, 1. that for the general it answereth itself, as was before observed, in that it is expressly limited and restrained unto those, that by their enclosure do unpeople towns, and uncorne fields; making no more against all enclosures, than the woe denounced against drunkards, in the 21 verse of the same chapter doth prove all drinking to be unlawful. 2. That it is as great a shame for a Gospel magistracy not to suppress make-beggers, which make such swarms of beggars in Countries, Cities, and Towns, where the Fields lying open are used in common, as where they are enclosed: and so much the more, by how much the evil is more general, and of longer continuance, and people make less conscience of those courses there, which produce such effects: I mean, as before, disorder, unjust dealing, and the like. 3. That for the text alleged in particular, Isay, 5.8. it is a wonder unto me, how Mr Moor, or any man of an ordinary capacity, can imagine, that the holy Ghost, who knoweth very well, and better than men, how to express himself, by laying field to field, till there be no place, should mean the enclosing of common fields, rather than the throwing open of enclosures: whereas indeed to throw open enclosures, and to lay those grounds common, which before were several, that so there may be no place for any man to enjoy his own with peace and quietness, must needs be laying field to field, rather than to enclose those grounds, which before lay in common, that so, fields being orderly divided, every man may enjoy that which is his own in several to himself with peace and quietness, and that there may be place for others also to do the like by theirs. But the truth is, as the word in the original translated field, doth indifferently signify any ground, whether open or enclosed, that lieth about an house, or a town, as belonging unto it: so the purpose of the holy Ghost is, to denounce a woe against all those, whether rich or poor, that either out of ambition or covetousness enlarge their own, either houses or lands by adding unto them those of other men wrongfully wrested from the right owners, whether poor or rich, by fraud or by force, that there may be no place there lest for any, but only for themselves, though others have as much, or more, right unto it: parallel whereunto is that of Jer. 22.13, etc. and Habak. 2.6, etc. But such unjust dealing may be, and is, for aught I know, as often practised there, where the fields lying open, are used in common, as where they are enclosed, if not oftener, as was before observed: And out of question make-beggers, be they what they will be in common fields fall under the Prophet's woe, Isay 5.8. as well as there, where the grounds are enclosed. Sect. 10. Phil. Page 8. he saith, question many of our beggars, that go from door to door, with wife and children after them, where they dwell, and why they go a begging. Alas, master (say they) we were forced out of such a town, when it was enclosed, and since we have continued a generation of beggars. Par. For the truth of this relation, we must take it upon the credit of Mr Moores own testimony: and I will not deny, but that it may be he hath heard some beggars sometimes say so. Yet I believe there are thousands in England, that in their own particulars are as charitably affected, and have given as much unto the poor as Mr Moor, who never heard such expressions from any of them: It is like that Mr Moor, thus publicly declaring himself against enclosure, although it be but reservedly, such as he mentioneth, shall not want those that will furnish him with such suggestions: but whether all that they tell him in that kind be true, or no, he may do well to inquire, and not take it upon trust. Haudrecte facit, qui facile credit. It is not the property of a wise man to believe all that he hears, Prov. 14.15. And if it be granted the complaint was just, yet nothing can be inferred upon it, but the particular fault of those parties only, by whom the occasion of it was given. Phil. In the same page he further saith. When we take a view of the multitude of poor in market towns and fielden towns, we see how these poor wretches were driven out of their hive, their honey taken away, I mean their trade of ploughing by such enclosure, and glad were they to find an old house any where to put their heads in, where they might have any employment to keep themselves and family alive. Par. This is largely spoken: and I believe, if Mr. Moor were put to prove it true, by an induction of particulars, he could not name two Market-towns, wherein, I will not say all, but only the greater part of the poor are such as he speaketh of, Bees that were driven out of their hives, and had their honey taken away, and not rather, either idle Drones, or angry Wasps, such as suck the sweet of other men's labours, and sting them with bitter words at the least, from whom they have their greatest relief. Howsoever, if that which Master Moor hath there said, were certainly true in every particular, yet to conclude from thence, that all Enclosure is unlawful, would but be still the same fallacious way of arguing, à dicto secundùm quid ad dictum simpliciter. Sect. 11. Phil. Page 9 he saith. For a groundwork we must lay this undeniable truth, viz. That the great Manufacture and Trade of Leicestershire, and many, if not most, of the inland Counties, is Tillage. It is the Blow whereby Tenants Cottiers, and their children were set a work, and lived very happily and comfortably before there was so much of such Enclosure. Par. That [such] doth make this argument also just such another as the former was, guilty of the like inconsequence, as to the proving of all Enclosure to be unlawful; and therefore I should pass it over lightly, with the rest of the same nature, but that I have something to say concerning that which he termeth an undeniable truth, viz. That the great Manufacture, and Trade of Leicestershire, and many (if not most) of the inland Countries, is Tillage, etc. First. Suppose it be so, yet Enclosure, as was said before, may be so ordered, that the Trade of Tillage shall not be decayed by it, but rather advanced: Yea that Tenant's Cottiers, and their children may be set a work, and live more happily and comfortably after such Enclosure than they did before. Secondly. Suppose it be so now, or hath heretofore been so, it it therefore necessary that it must be so always? May not those Counties hereafter have other Manufactures and Trade, of as great or greater advantage, for the commonalty, yea for the Commonwealth, as well, as Master Moor confesseth, other Counties have? Must Leicestershire, and other inland Counties only, by being kept open, and used in common, be condemned unto a perpetual expense of greater pains and charge, for the raising of less profit and advantage, when if they were enclosed, as other Counties are, they might, as they do, raise greater advantage and profit, with less expense of charge and pains? Master Moor saith it is the Blow whereby Tenants Cottiers, and their children were set on work. We must understand him in those places, where the fields lying open are used in common. But he doth not tell us how many Tenants Cottiers, and their children, yea even Freeholders also, in those places, through disorder and unjust dealing, have been utterly undone, and reduced to beggary. He doth not say, how many have there been trained up to idleness; and taught to do almost nothing else, but to wait advantages of doing wrong to others. He doth not boast, how many of those, that in such places have been employed about Husbandry in the summer time, in the winter time are turned off, either to beg, or steal, or starve; or, that if they continue still with the same Masters, their Winter's maintenance, to do little or nothing, brings greater charge with it then their summer's work was worth; so that many times the poor husbandman in his estate is fed upon, and eaten out of all, by them whose bodies he doth feed. Phillip In the same page he further saith. Other Counties have other Manufactures and Trading for the Commonalty, we Tillage, and the Plough, whereby we breed multitudes of hardy men, and horses for the service of the Commonwealth, if need be; whereby we also send forth abundance of all manner of Corn and Grain, and pease-fed cattle to the City, to victual our Shipping at Sea, and to countries round about us: all fed with the Blow in the Common fields. Var. What it's fed with the Blow in common fields, may as well, yea and better he fed with the Blow in grounds enclosed, as was said before. And if we should appeal unto the City to say from whence the greatest abundance of provision both for sea and land doth come, whether from those countries, where the fields lying open are used in common, or from those, where grounds are enclosed, the question, I believe, would be quickly determined in the behalf of the countries enclosed, without any doubt or disputation about it. And for the multitudes of hardy men, which he speaketh of, if there could be seen a List of all that have served in the late Wars on every side, and that yet are in Arms, I believe there would be found but few that have come from the Blow to that employment, in comparison of other Trades. Many horses indeed are used, or abused rather, where the fields lying open are used in common, but few bred there that are fit for good service any where, even then when they are most set forth to show. Hardly in any other thing, or in any other place, but where the fields lie open, and are used in common, is there more, or so much cheating, cozenage, and deceitful dealing used. And, if question may be made concerning hardy men, for which I know no reason way it should, yet horses out of doubt may better be bred in grounds enclosed then in common fields; whereof experience is sufficient evidence. Phil. Master Moor adds further in the same page. They make beggars of Tenants upon such Enclosure: For the Tenant forthwith is discharged of Tillage and Farm to seek a living he knows not where— And in some Towns there is fourteen, sixteen, or twenty Tenants discharged of ploughing, all in this sad condition, besides many other teams and farms of Freeholders laid down in the same Towns. What say you to this? Par. I say these restrictive terms of limitation, such, and some, [upon such Enclosure, in some Townes] make it needless for me to say any thins, more than I have said, to disable it from doing any service against Enclosure in general; because, with those restrictive terms that which is so said is nothing to the purpose, and without them would be false. Yet this let me tell you, that for Tenants to be discharged of Tillage, and of their Farms, and for Teams to be laid down, as it is no necessary effect, so neither is it any proper adjunct of Enclosure. It doth neither convenire omni, nor soli, nor semper. Not omni; for Enclosures may be, yea have been, made, and Tenants neither discharged of Tillage, nor of Farms. Not soli; for Tenants have been, and may be, discharged of Tillage, and Farms, and Teams laid down, in Common-fields. Not semper; for even in grounds enclosed, there where Tillage and Teams have been laid down, and Tenants discharged, at some times, at other times Tenants have been entertained, and Tillage, and Teams set up again. But whether the fields lying open are used in common, or be enclosed, why should not the Landlord have liberty to discharge the Tenant, when his time is expired, and come himself to live upon his own land, or take in another Tenant? If a Tenant so discharged complain, will Master Moor think the Landlord deserveth to be condemned for it? Sure, it is not sufficient for Master Moor or for any man else, out of charity to the Tenant, to take notice of his complaint alone, but he must likewise, out of justice to the Landlord, duly consider whether the cause of his complaint is just; Lest he fall under the woe denounced by the Prophet, Isa. 5.22. against them that justify the wicked, and take away the righteousness of the righteous from him. What find you next in Master Moor discourse, that you think may carry any colour of an argument against Enclosure in general? Sect. 12. Phil. Page 10 he saith, Herein is the misery of the Tenant the greater, Those that have thus uncorned the said towns, and turned all into Pasture, and discharged their Tenants, these thus enclosed wretches become Tenants themselves, and rend land in the open fields round about them, or near unto them, to maintain their own families with corns, and their horses, with feeding, for which land they give (being able to pay for it out of their enclosed grounds) excessive rates, which if the poor Tenant should give, he and his must forthwith come to beggary. So that they do not only turn those poor tenants out of enclosed towns, but also rend those Farms, and that land in the common fields, which the poor tenants else might have rent at an easier rate; so that in the conclusion most of these tenants become Cottiers. Par. The like complaint maybe made in behalf of Tenants that live upon lands that are enclosed. Those that live where the fields lying open are used in common become tenants themselves, and rend enclosed grounds round about them, or near unto them, that they may be better able to maintain their own families, and manage their tillage in the common fields with more advantage; for which enclosed grounds, in that respect, they can afford to give greater rents, than they that live only upon enclosure can do. So that this, as the other arguments urged against Enclosures, hath (the misfortune it may be some men would think it, but I say rather) the good hap to conclude as much against common fields: If Enclosure make land in common fields scarcer, common fields make grounds enclosed dearer. And therefore the wonder is less, that those, who live where the fields are enclosed, endeavour to hinder the enclosure of the common fields about them. They know very will their advantage would be less, if all men besides had the like opportunity to make it, that they have: And, if there were not so much help, as there is, from them, who live when the fields lying open are used in common, from enclosed grounds in other places, they would the sooner find themselves necessitated to enclose: And then, those that live where the grounds are all enclosed, would find it more profitable tilling some, then grazing all, so that there would need no law at all to compel them to it. When tillage is more profitable than pasturage, men will break up their pastures to till: And why should they not have liberty then to lay down their Arable land for grass, when pasturage is more profitable than tillage: I mean, as before, when the land is fit for it. And so I make no question but they have, if the Statutes concerning Husbandry and Tillage were rightly understood, and well observed. Nor needeth any man in reason to desire greater freedom for laying down any land, which bath been used to tillage before, then is granted him by the Provisoes in those statutes. But it maybe the rate of the rents is the main matter that is stumbled at: which yet comes all to the same pass, whether the fields be enclosed or no: save that there is not so much casualty in grounds enclosed, as in common fields, as was before observed. Tenant's may be oppressed and beggared by rents overrated in common fields, as well as Enclosures, and I believe more often are: the over-rating of rents being not the inequality of them unto other rents, either in other places at the same time, or at other times in the same place, but the disproportion of them unto the profit, which ordinarily communibus annis, may be raised of the land that is rent, over and above the necessary charge of the labour and stock, that is to be employed upon it. And for tenants becoming cottiers, I believe, if any man will examine his own experience impartially, he may observe as many not tenants only, who always paid great rents, but even freeholders also, who sometimes paid but little rent, or none at all, to have become cottiers, where the fields lying open are used in common, as where they have been enclosed. But some men, whom our saviour calls hypocrites. Mat. 7.5. will sooner observe and reprove a few small faults in others, then acknowledge and reform many greater in themselves. And I do not think Mr Moor can show so many common fields without disorders, as another man may do enclosures without pulling down houses, and turning out tenants. What have you yet more? Phil. In the same 10 page, and so forward in the it he saith. In these enclosed towns in laying down the plough, and taking away the crop of corn, how many crops do they rob the poor cottier of? This poor man had a crop and income of every tilth of the plough, in the following tilth, in the stirring tilth, in the arring tilth, in the sowing tilth: he had his income in the manuring, weeding, mowing, inning, gleaning, and threshing of the corn. And now alas, saith the poor cottier, there is no work for me; I need not be thrust out of the town, I must be gone where I may get my living; and if I can get no house elsewhere, I and mine must stare. And hence it comes to pass that the open fielden towns have above double the number of cottiers they had wont to have, so that they not live one by another, & so put the fielden towns to vast expenses in caring for those poor that these enclosures have made. And what enquiring everywhere is there of these poor cottiers (after the town is enclosed) to get an house in any place where they may have work? Par. All this goes still upon the same false ground, that unpeopling towns and uncorning fields is the proper and necessary fruit and effect of enclosure: which experience shows to be otherwise. I could instance a place, where within a short time after the fields were enclosed, more houses were built and repaired, then had been in many years before: where they that called themselves the poor, yet thought they were able enough to take land out of other men's hands, and to offer more for it then other men paid: and even then, when they did complain that they could not get work, the other inhabitants complained that they could not get workmen. So that you must not always so much take heed to what such people say, as to the cause which they have to say so, which is not always such as they pretend. For the incomes which Mr Moor saith that the poor cottier had in every tilth of the plough, in the manuring, weeding, mowing, inning, and threshing of the corn, if the husbandman (as usually it is in common fields, more than enclosures) had children and servants of his own to do his work, it is like the poor cottiers part was very little. And I believe it may be observed, that when towns are enclosed, although there be not so much use of household servants, as formerly there was, yet of day-labourers there is, or more, Phil. But that Mr Moor in the next words hath complained of, when he saith, such enclosure makes beggars of the children both of tenants and cottiers; the children of both usually become servants to the husbandman, and brought up at the plough etc. But now in such in closed towns where there were kept 30, 40, 50, servants, there is not above three or four. Hence the droves of poor children, when they are reproved for begging, are complaining, we would willingly work, if any would fet us on work. Par. It is well if Mr Moor hath had the good hap to meet with no poor children, but such as are willing to work; I wish that all men else could say so. But rather I fear the most of those, which come out of commonfields, have been so enured to idleness there, that they will not easily be brought to take any good pains any where. And if this objection drawn from the great disproportion in the number of servants usually kept there where the fields lying open are used in common, and where they are enclosed, carry any consequence with it against enclosure in general (as I confess in my apprehension it seemeth to do more than any of the rest) it must be upon this supposed principle, that all land in every place is to be used in such sort, as may occasion the employment of most people; which for all the fair show that it maketh, is false. For 1. it is contrary to that general rule, Frustra fit per plura, quod fieri potest per pauciora. It is a needless, fruitless vanity (at least, if it be no worse) to use many means for effecting of that, which may as well be done with few. 2. It is not a practice agreeable to the pattern and example which both God and Nature have set; Deus & Natura nihil agunt frustra; God and Nature do nothing in vain. They are followers of neither, that purposely choose to do things in such sort, as that more men must be employed in doing them, than is either necessary, or convenient. 3. It is a great hindrance of the common good, when all those people are needlessly employed in one place, whereof some might be more profitably employed elsewhere. 4. If that principle were true, the practice accordingly must be to put down teams, and instead of ploughing, and harrowing, and carting, to dig, and rake, and carry on men's backs; which if it be absurd to do, that rule, according unto which it is done, cannot be reasonable. What follows next? Sect. 13. Phil. A blow made at the root of all such Enclosure, as Master Moor doth speak against. In brief, saith he, is it not palpable, that the main inducement unto such Enclosure is filthy lucre, and to be rid of Tenants, poor, and servants? So far are they from caring for the poor, and instead of bringing them into their houses, to rid them of their houses. As for example, they being hot upon such enclosure in a town I am well acquainted with, one of the inhabitants gave this reason why they must do it, in these words, viz. The poor increase like Fleas, and live, and these vermin will eat us up, unless we enclose. And sure it was plain dealing; for without question he spoke the sense of most of the rest. What can you say to this? Par. To this I can say; 1. That all men who endeavour to provide for the prevention of a mischief, or of an inconvenience, before it come, or for the removal of it when it is come, are not induced thereunto by filthy lucre. Some men, for aught that Master Moor can tell to the contrary, do it out of conscience of that duty which they own to God, themselves, and others. 2. By this example, which Mr. Moor hath produced, it appeareth, that poverty, in the town which speaketh of, was not the follower, but the forerunner of Enclosure. And by that it should seem, that whether care were taken of the poor there, or no, yet care was not taken to prevent their poverty, whilst the fields lying open were used in common; or if it were, it had proved ineffectual till then, and so was like to have done still without enclosure. 3. Charity thinketh no evil, 1 Cor. 13.5. and if Master Moor be so charitable minded, as he maketh show, why could he not take that speech, which he relateth, in the best sense, and think that he by whom it was spoken, had a charitable intent to see the poor better provided for then they were, or could have been, if the future increase of them should not have been prevented? Is there no mean between eating up the poor, and being eaten up by them? Cannot those that are poor already be relieved, or maintained, unless that others also may be added to increase the number? If the man's comparing those poor, concerning whom he spoke, to fleas and lice, and calling them vermin, be that which Master Moor took offence at, I will not go about to justify it. But I wish, that as it is better to prevent the increase of Fleas, and Lice, by cleanliness and diligence, then to catch them, and kill them; so none that pretend they have care of the poor, may strengthen their hands, or give them encouragement in any of those evil courses, from whence occasion may be taken to think that they deserve such a comparison. Section 14. Phil. Page 12. He saith, Depopulation comes by degrees, and the next generation usually knows neither Tenant nor Cottier in such enclosed places; for towns we must call them no longer. Par. I think it will be hard for Master Moor to give instance of any such place, where towns have been un-peopled in another generation, that were not at the first time of Enclosure. But in case he can, is there any necessity therefore that in all it must be so? Especially considering what excellent Laws have been provided for redress of such abuses. Or, if such a thing might be feared indeed, for which the Law had not provided a remedy, in case it should happen, must present mischiefs, such as the abuses of common fields are, be perpetually continued without redress, because there is a possibility of an after inconvenience? Hicrogonon furor est nè mo iare mori? Doth any thing look more like the madness of despair then this? Not much unlike that of a simple Idiot in the days of Queen Elizabeth, when the Wars in Ireland were on foot: Who being in waggery told by one, that the Rebels were coming, made all the haste home that he could; and begged of his aged Mother, that she would let him kill her himself, saying, he would do it handsomely, that she might not be killed by the Rebels; & was so earnestly intent upon it, that the poor woman had much ado by creeping under a bed to hid herself. Thus it seems, for fear of having Tenants and Cottiers turned out of a Town, he knows not when, Mr. Moor is so charitably affected to them, that he would not have Enclosure brought in to prevent the continuance of those abuses, whereby they run headlong into present poverty. Sect. 15. Phil. Page 13 he saith, If the Lord should slack his hand but a little, and withhold his more than usual increase of corn from us, it is such, Enclosure would make a flat Famine: as within these few years, what crying for bread, and complaining in our streets of such Enclosure? If then, what will become of us now? since when there hath been so much enclosed; and even at this present they are so mad upon it, as though it was their project one time or other to ruin the poor. Par. For this, I told you before, that decay of Tillage and uncorning of fields, is no necessary effect of enclosure in general, nor any effect of enclosure at all, if it be rightly ordered as it should be; but rather the contrary. And now I will add, that our prudent forefathers were of this mind: In whose stead we are risen up a generation of men made as it were in the afternoon of nature, in whom weakness of judgement, and strength of passion strive for the mastery, upon such equal terms as it is not easy to determine, whether of the two we are, more witless, or more wilful. Our prudent forethers, I say, knew this so well, that when they set themselves of purpose to prevent the decay of Tillage, and to provide for the increase of Corn, they never prohibited Enclosure at all, but rather gave encouragement unto it, by providing that for the better, and more commodious occupying of husbandry, of any the lands, meadows, or pastures, which shall be allotted, or belonging to any house of husbandry, it shall be lawful for any Lord to make exchange with any his tenants; or any tenant, or other person, with the assent of the Lord, to change the one with the other. An. 39 Eliz. cap. 1. Yea, how necessary they esteemed some Enclosure to be, for the maintenance husbandry and tillage, may appear by the Statute made to that purpose, in the behalf of certain particular places in the County of Hereford, a 4 Jacobi cap. 11. And when they studied to reform the abuses committed contrary to the Law by depopulation and decay of tillage, they never commanded the laying open again of Enclosures, as if hedges and ditches had been any either causes or occasions of such abuses, but made as strict Laws, with as severe penalties, for the punishment of those riotous persons that go about to pull down enclosures, as of others, 1 Eliz. cap. 16. Yea, if my memory deceive me not (for I cannot now tell where to find it) I have long ago read a provision made by Law, that if an Enclosure were pulled down, and the parties that did it could not be found, it should be made good again by the inhabitants of the next adjoining town: And I cannot but wonder, that any man, who pretendeth so highly to honour the present Parliament, as Mr. Moor doth, should imagine that the Members thereof will forget themselves so much, as to suffer the solid wisdom of their predecessors to be (overweighed I will not say, but) overswayed, or rather cried down by the empty noise of hollow heads. Far be it from me to harbour so poor an opinion of them. If my discretion did not, yet my charity would teach me better. Sect. 16. Phil. In the next words, page 13, he saith, I proceed to the fourth sort, which they make beggars, and they are those honest hearts, who out of a tender conscience take such care for the poor, as they dare not comply with them in their uncharitable designs, nor consent to such enclosure. Against these they fret and storm, and tell them in plain terms they will undo them, and make them beggars: And so they do indeed, in bringing multiplicity of Law suits, Actions of Trespass for nothing, or at least for trifles, as for coming over their ground, etc. and vex them all with long tedious suits in Chancery, to force them to do against their consciences—. Alas how many amongst us are now persecuted in this manner, because they would keep faith and a good conscience, pure and unspotted, both before God and man? Par. Here Master Moor would have us believe, that all those who withstand & refuse to consent unto such enclosure, as he speaketh of, are honest hearted, and tender conscienced men, such as have a care of the poor, and because they desire to keep faith and a good conscience, pure and unspotted, will not comply with uncharitable designs, although they be vexed and presented for it. Concerning all which I would I could say, as the Apostle doth, Tit. 1.13. This witness is true. But the contrary is so apparently evident, that if some of the men, whom Master Moor doth mean, be the same that it is conceived they are, should I name them only, those that know them would wonder, how Mr. Moor could be so much mistaken in them. But leaving the men, let us come to the matter, and setting aside Master Moor's restrictive terms, of uncharitable designs, and such Enclosure, let us consider whether it be such a cruel oppression, and not to be suffered in the land of uprightness, as he pretends, that some men should be forced by suits in Chancery to consent to enclosure, I mean when it may be done upon equal and indifferent terms for all that have right, and with due respect unto provision for the poor: And whether such men refusing to give such consent; may not without transgression of the rules of righteousness, or breach of charity, have law suits, or actions of trespass brought against them. For the former we know, that the most important affairs both of Church and Commonwealth are always determined in public assemblies, as Parliaments, and the like, by the major part, although many times in number but little exceeding the other. And can it then be reasonable, that in particular towns, when the far greater number of those that are interested do agree upon a course (as of enclosure) for the general good of them all, upon equal and indifferent terms for every one of them, and with due respect unto the poor, who have no interest of right amongst them, one or two, or but a few in comparison of the rest, should have liberty to withstand and hinder all? Especially, if it may appear that they do it merely of perverseness, or for evil ends? For a court of Conscience (as the Chancery) to take cognisance of such a case, and force the refractory to conformity, when Courts of Law cannot, I conceive to be not only lawful, but likewise very convenient, if not necessary, in respect of that interest, which the Commonwealth in general hath in the welfare and prosperity of all its members in particular; and therefore hath great cause to take care, that the well-being, or welldoing of many may not be needlessly hindered by the wilfulness only of a few. For the later, as it is a transgression of the rule of righteousness to bring suits and actions at Law against any man for nothing, and a breach of charity to multiply such suits and actions for trifles only, so, in determining whether the ground of the suit or action be nothing, or a trifle only, not the substance of the matter itself alone, but the circumstances also are to be considered. As for example, If your neighbour have an horse to sell you, and you offer him his full price, if he refuse to let you have him, it is but a matter of unkindness, nothing to ground a suit or action at law upon. But if he promise you shall have his horse at such a time for such a price, and you trust upon him, having occasion at the time appointed to ride a journey upon business of importance, if in the mean time he sell the horse unto another man, at a greater price, although he be willing to give you the overplus, so that you shall not need to sustain any loss that way; yet being by that means disappointed of your journey, and so damnified in the business, which you should have gone upon, in that respect you have just cause of action against your neighbour. So your neighbours coming over your ground is in itself but a trifle, but if he practise it ordinarily, and will not take warning, intending to entitle himself to a way there without leave, where of right he hath none, it may be a just ground of a law suit, and action of Trespass. Therefore that, which Master Moor hath added, concerning the evil consequences of Law suits, and suits in Chancery, that some parties have grown distracted, and others have never lived a comfortable hour after all the days of their lives, is such as I can say nothing to, nor any man else to the purpose, unless I were acquainted with the particular cases, and the circumstances of them. Sect. 17. Phil. Page 14. he saith, They usually upon such enclosure triple the price of their land: and this they get by flaying the skin off the poor. Par. If any man impose a greater rent upon his land, than it is worth, I will not go about either to justify or to excuse him: but that may be done upon land in common fields, as well as enclosure: and therefore this objection can be of no force against enclosure in general. Land may be enclosed, and yet no rent put upon it more than it is worth. And, if after enclosure, the profit of the land to the tenant be raised, to what proportion soever it be, double or triple, what wrong can it be unto him if his rent be raised accordingly? But, if the profit to the tenant be not raised, it is in vain for the Landlord to expect that he should raise his rent, any more in grounds enclosed, then in common fields. I told you before, in answer unto that which you alleged out of page 10. that the over-rating of rents is not the inequality of them, but their disproportion to the profit that may be raised of the land: and so I say now. Besides that this objection makes nothing against enclosure there, where there are no tenants, but all men freeholders, that live upon their own lands. And more than that, to serve Master Moor's purpose, it must presuppose all Landlords rich men, and all Landlords of enclosed grounds, not Landlords of those that lie in common fields, such as pant, thirst, and are inflamed, as he speaks, with covetousness; and all tenants poor, yea such as have nothing but skin left upon them, that is, according to his own interpretation, page, 26. very poor: none of all which is always so. For tenants may be, and sometimes are, richer than their Landlords, and Landlords in common fields may pant, thirst, and be inflamed with covetousness, when Landlords of enclosed grounds may be pitiful and compassionate, yea bountiful and liberal unto the poor. And therefore that which he addeth page 15. I must tell these that thus sell the poor for trifles, that I am suspicious they will sell their God for gold, and Judas-like their Christ to fill the bag: their profession is nothing, if they care not for the poor. A Gospel spirit is a giving spirit etc. let him bestow upon covetous oppressors, wheresoever he finds them, either in common fields, or grounds enclosed: so that he be careful not to mistake them, for fear he mark the sheep, with the brand that was made for none but for goats. Howsoever let this be observed, as given for granted by Master Moor, that upon such enclosure the price of the land may be trebled, which I confess is sometimes true, although not always, and then it will follow, that by hindering such enclosure, a double benefit to the owner in particular, and consequently in proportion unto the Commonwealth in general, is hindered: for upon such enclosure the price of the land could not be trebled, unless a triple profit might be raised. And this, for as much as concerns the Commonwealth in general, is evident by experience, because upon enclosure, the proportion of the taxes is accordingly raised above the rate, which they were formerly at, when the fields lay open, & the land was used in common. Sect. 18. Phil. Page 19 he saith, These worldlings are the unprofitable burdens of the earth, in whom there is no charity, liberality, hospitality nor humanity; such are greedy gripes, which by their enclosure would have no poor to live with them, nor by them, but delight to converse with beasts, and to this purpose turn corn into grass, and men into beasts. Par. Such worldlings, as Master Moor there describeth (if there be any such) he may well call unprofitable burdens of the earth: but that all inclosers are such greedy gripes, as would have no poor to live with them, or by them, he hath not yet proved, not ever will do. And yet to say, that some of them would have no poor to live with them, or by them, may be so understood, that it would be no disparagement at all, but an high commendation: I mean so, that they would have the poor, who live with them, to live by them, that is, by their means, so that they may in time outlive their poverty, and be no more poor: which would be the best course of caring for the poor, that they could take. But, why doth Master Moor describe such greedy gripes, such worldlings, as he there speaketh of, by delighting to converse with beasts, and say, that to this purpose they turn corn into grass, and men into beasts, Are oxen, kine, and sheep beasts, any more than horses are? Or do not plowmen delight to converse with horses, as much as Shepherds, or herdsmen, do to converse with other cattle? Or are not horses for the ploughman's use maintained with grass, as well as oxen, kine and sheep? and, more than they, even with corn itself also? doth Master Moor conceive, that a ploughman, as a ploughman, is, or may be, more spiritual, than a shepherd, or an herdsman? and a shepherd, or an herdsman, as a shepherd, or an herdsman, more carnal, than a ploughman? much good, if it can, may his conceit do him. But yet if he please, for the further satisfaction of others, let him tell them, which of the two it was, Abel a keeper of sheep, or Cain a tiler of the ground, unto whom the Lord had respect, and unto his offering, & unto which of the two he had not, Gen. 4.2. etc. And which doth he think were herdsmen and shepherds, which were plowmen and tilers of land, the Israelites in the land of Goshen, or the Egyptians in the land of Egypt? whether it was from the sheepfolds, or from the threshing floors, from following the ewes great with young, or from holding the plough, that God took David, a man after his own heart, to feed Jacob his people, and Israel his inheritance? Ps. 78.70. etc. Though page 22 Master Moor, is pleased to say, that flesh is but sauce as it were, to make our bread relish better, and go down the glibber: yet he may observe, that Moses, Gen. 4.2. doth first make mention of Abel's keeping sheep, although he were but the younger brother, before he speaks of the elder brother cain's tilling the ground: and meat is not wont to be an after additament to sauce, but sauce to meat; yet all this is but little to the purpose, because, as I told you before, decay of tillage is no necessary effect, nor any proper adjunct of enclosure, but rather the contrary. I pray you proceed: for I believe there is something yet behind unspoken to, which some men, if they can, will make a great matter of. Sect. 19 Phil. It is true: for page 22. he saith, How nigh are they to a curse, that use such means, that there may be no corn, nor seed time, nor harvest, in the places where they inhabit? These break our staff of bread. This argument prevails much with a carnal mind, and the natural conscience doth much perplex these oppressors. Oh (say they) though we have a good mind to this business, yet the curse that follows such enclosure! And none of us here can be ignorant how visibly God hath pursued such enclosure with his several judgements, having written this very sin in the ludgement. I shall be sparing of the particular vengeances that have followed this sin: only thus much I shall say, that the prophecy of Isaiah 5.9. is fulfilled on them, Many houses are desolate, even great and fair, without inhabitants: so that we may say usually of them, as the Psalmist speaks of such. Ps. 37.35, 36. I have seen him in great power, and spreading himself like a green bay tree, yet he passed away, and lo he was not, yea I sought him, but he could not be found. His house and land hath vomited him out and his posterity. Seldom the third generation can call those enclosed grounds his own. This natural conscience dot so terrify them, when they are upon such cursed designs, that they can go on with no complacency of spirit in it. When they are agreed upon Articles of such enclosure, how every one trembles to set his hand first to them, or to set the first spade in the ground of such enclosure, because God many times so visibly meets with the ringleaders. In one town being upon such enclosure, and to set their hands to the Articles, so terrible was the business, that no body would begin: at last one snatched the pen, subscribed his name, and bid them follow him all in the devil's name. When they have thus enclosed, you shall hardly find who was the author of it, none will acknowledge themselves to be principal agents in it, though they have all done it. I have this one word to speak to these Mammonists that thus dare to stifle conscience, 1 John 3.20. If thy heart condemn thee, God is greater than thine heart, and knoweth all things. Par. I thank you, that you have repeated Mr. Moor's words so at large: I hope to make some good use of them: For 1 His frequent inserting of those restrictive terms, such means, these oppressors, such enclosure, this sin, those enclosed grounds, such cursed designs, and the like, show plainly that he had no desire, that all men should understand him so, as it seems you conceive some men may do, namely, as speaking of enclosure in general. And therefore I say, as well as he, if any man whosoever be conscious to himself, that he hath an heart exercised with covetous practices, that have made, or would make use of oppressive, unjust, uncharitable actions for enclosure, or of enclosure for oppressive, unjust, uncharitable ends, let him tremble at the expectation of a curse, and if it conic let him not stick to charge the particular vengeance that follows him, upon his own particular sin that went before. But what I say of enclosure I will in like manner say of land in common, If any man be conscious to himself of an heart exercised with covetous practices, that he hath made, or would make use of oppressive, unjust, uncharitable actions to hinder enclosure; for oppressive, unjust, uncharitable ends, let him tremble at the expectation of a curse, and if it come, let him not stick to charge the particular vengeance that follows him, upon his own particular sin that went before. But, when Master Moor and I have said all this, we have said nothing at all against enclosure in general, or against common fields, but only so fare forth as in common fields there is greater opportunity of covetous, unconscionable, oppressive, unjust, uncharitable practices, than there is in grounds enclosed. 2. When Mr. Moor saith of a covetous, unconscionable, oppressing, unjust, uncharitable encloser, his house and land hath vomited him out, seldom the third generation can call those enclosed grounds his own, either Masts Moor must suppose him unblameable in other respects, or else he cannot certainly tell, that such a particular judgement was inflicted for that particular sin. If besides that he were likewise an idolater, a blasphemer, a murderer, an adulterer, a drunkard, or the like, that particular judgement, for aught that Master Moor can tell, might be brought upon him for some of those particular sins, as well, as for that, which he is minded to ascribe it to. Yea it might be for some antecedent sin of his Ancestors, as well as for his own. So uncertain a thing it is, as well as presumptuous, and therefore the more presumptuous, because it is uncertain, without special revelation from God himself to meddle with his secret counsels, and take upon us to design the particular occasions of those things which are ordered and disposed of by his either operative, or permissive providence. You know what our Saviour answered his disciples concerning the man that was blind from his birth, John 9.2, 3. Who, say they, did sin, this man, or his parents, that he was born blind? Neither hath this man sinned, saith he, nor his parents, but that the works of God should be made manifest in him. And that general rule of Solomon may serve to give answer unto a thousand such arguments as this. No man knoweth either love or hatred by all that is before them: All things come alike to all, etc. Eccles. 9.1, 2, 3, and chap. 8.14. There be just men, unto whom it happeneth according to the work of the wicked: Again there be wicked men, to whom it happeneth according to the work of the righteous. Therefore the Apostles either precept or advice is, Judge nothing before the time, until the Lord come, who will bring to light the hidden things of darkness, and will make manifest the counsels of the hearts. 1 Cor. 4.5. 3. When men of competent, yea of plentiful estates, who have not only opposed, but likewise hindered enclosure in the places where they lived, have afterward been known to run out of all, so that not the third, nor the second generation, only, but not themselves in their own life time could call those common grounds their own, which they had been the means to hinder the enclosure of: would Master Moor think it charity in me, or in any man else, to say their houses and their lands had vomited them out, and their posterity, because out of cursed designs of their own they had hindered enclosure? If not, then let him call to mind that of our Saviour, Mat. 7.1, 2. Judge not, that ye be not judged: For with what judgement ye judge, ye shall be judged; and with what measure ye meet, it shall be measured to you again: And that of the Apostle Rom. 2.1. Therefore thou art inexcusable, O man, whosoever thou art that judgest, etc. 4. Complacency of spirit, or a trembling perplexity of conscience, in the things which men do, or go about, are not always necessary evidences of lawfulness or unlawfulness in the things themselves: And there may be other reasons, without stifling of their consciences, or because their own hearts do condemn them, that some men sometimes are not willing to own some actions (though lawful and laudable) or to acknowledge themselves to be principal agents in them. I could give you instances enough to this purpose, but that I am loath to be too tedious, and the matter is so plain of itself, that it needs no proof. 5. I think it might not be amiss for Master Moor, and other men of his mind, to examine their own experiences concerning those Inclosers, whom they think God hath visibly pursued with this particular judgement, to be vomited out by their houses and lands, which they have enclosed, whether they are not decayed in their estates before, if not run out of all, or so deeply indebted, that without such improvement, as they made of their estates by enclosure, they could not have been able to satisfy their creditors, and reserve any thing to be a means of future subsistence to themselves, and their posterity. If all, or some, or any of them, were such, the parting with that estate afterwards, which before was enclosed, may rather seem to have been a blessing, than a curse, as a means of the creditors better satisfaction, and the owners future freedom from a former intanglement at least, if not bondage also. But I spend too many words upon a matter manifest enough of itself, if the prejudicated opinions and passions of men did not fiel up the eyes of their understandings, or render them resolute not to acknowledge even what they cannot choose but know. Yet one thing seems a little strange unto me. Phil. What is that? Sect. 20. Par. Master Moor, that hath filled his discourse in some places with froth that hath fallen from the mouths of other men, hath not once that I remember made mention of one thing, more material, and more nearly concerning himself, than most of the rest, if not all, and that which I think hath been one of the most effectual means to hinder Enclosures, where they have been opposed. I mean the Churches right unto Tithes, and the wrong that is pretended would be done unto Ministers, if fields lying open, and used in common should be enclosed. I wonder how Master Moor could miss this? Were the poor so much in his heart, that they put the Church quite out of his head? Phil. Whether Master Moor did purposely omit that particular, or no, I cannot tell. But, if he did, I think he deserves to be commended for it. Having spoken so plainly, as he hath done, page 17. against selfishness, which he calls sowing to the flesh, and having said expressly, page 27, that Ministers must not only preach, but likewise practise this duty of charity, to beware of covetousness, and to be of a giving spirit: methinks it was well done of him to forbear this argument, wherein he himself is so nearly concerned, lest that, if he should have urged it, as he hath done others, some might have taken occasion thereupon to have retorted this Text, and said of him, as St. John did of Judas, This he said, not that he cared for the poor. And indeed to what purpose should an argument against Enclosure be urged now from Tithes, and the right of the Church to them, when not only the right of the Church to tithes is questioned, but likewise tithes themselves cried down by some, as not Jewish only, but Antichristian also. So that some men peradventure might suspect the urging of an argument against enclosure from tithes to be a design for the continuance of tithes, as a necessary means for the preservation of common fields from enclosure, which usually those that have interest in tithes are great opposers of. But what ever was the reason of Master Moores omitting it, I pray you let me hear, what answer you would have given unto it, if he had urged it. Par. The same that I have done before, namely, that enclosure rightly ordered cannot be prejudicial to the right of the Church in tithes, or to any man, unto whom that right of tithes doth appertain. For first, If as I said before, decay of tillage be no proper or necessary adjunct, fruit and effect of enclosure rightly ordered, but rather the contrary: if more corn may be raised in grounds enclosed then in common fields, the tithes may be bettered, rather than impaired by enclosure. Secondly, In case those that have right to tithes are doubtful of an uncertainty, in that whether men will do what they might do in that kind or no, their interest, as well as other men's, may be provided for in the agreement, and the tithes compounded for, either in money, or in land. Thirdly, If no agreement at all be made, yet if the tithes be all duly paid in kind, as they should be, what ever value they be of, the right is preserved, and there is no wrong done; and that they may be in grounds enclosed, as well as in common fields. Phil. Since you are so willing to tell me your mind in that particular, although it be not mentioned by Master Moor, I pray you do the like in one other thing. Par. What it that? Sect. 21. Phil. The Apostles rule is, Abstain from all appearance of evil. 1 Thes. 5.22. and Philip. 4.8. amongst the properties of the things that must be thought upon, one is, that they be of good report. But against enclosure generally it is objected by some men, that it is of evil report, that it hath an appearance of evil in it, and therefore must not be thought upon, but abstained from. What do you say to this? Par. To this I say, First, That an appearance of evil, and an evil report, are just occasions for men to suspend their resolutions of doing those things, wherein there is such an appearance, concerning which there is such a report, until they have seriously considered of the matter, and thoroughly tried whether the things themselves be such indeed as they appear, and whether they ought to be so reported of. But when they come to set up their rest, which side they will sit down upon, and settle their resolution what to do indeed, it must not be according unto that which doth appear, but that which is, not according unto that which is reported, but according unto that which ought to be. It is the Apostles rule, 1 Thes. 5, 21. Prove all things, hold fast that which is good. and our Saviour's, John 7.24. Judge not according to the appearance, but judge righteous judgement. 2. That as evil indeed and the appearance of evil are two distinct things, so it is one thing to be ill reported of, and another thing to be of evil report. Those things alone are of evil report, which are evil indeed, and aught to be so reported of. But many things are ill reported of, which only appears to be evil, and are not. Multa videntur, quae non sunt. So the way of Christian religion itself, the way wherein Paul professed to worship the God of his fathers, by his own confession, was called heresy, Acts, 24.14. and, by the testimony of the Jews, was every where spoken against, Acts 28, 22. yea our saviour saith to his disciples, Mat. 5.11. Blessed are ye when men revile you, and shall say all manner of evil against you falsely for sake. 3. That although in some enclosure there may be, and too often is, not an appearance only of evil, but evil indeed, though some enclosures have been indeed of evil report, that is, such as deserve to be evil reported of; Yet all enclosures neither have been are, or need to be such. 4. That even in this particular also, as much may be said of common-fields, as of Enclosures; that in some at least, if not in all commonfields, there is not only appearance of evil, but evil indeed, and that they are not only it reported of, but likewise deserve to be so: as I think may sufficiently appear by that, which hath been said already. Is there any thing else in Master Moor's discourse, which you make question of? Sect. 22. Phil. Not that I remember now. But I shall thankfully acknowledge it a further favour, if you will be pleased to answer my desire in one thing more. Par. What may that be? Phil. I hear that now Master Moor doth intent to procure a Petition against enclosure generally subscribed by the inhabitants of divers Counties, to be presented to the Parliament: which may peradventure give occasion to others to procure an Anti-petition in behalf of enclosure subscribed in the same Counties. By which means it may truly appear, who they are, and of what condition, that stand for common fields, or for enclosure. In case such a course should be taken, what form of Petition do you think fit to be presented in behalf of enclosure? Par. For that you shall pardon me, I will not presume to take upon me so much, as to think of the form of such a Petition, but leave it to men of more ability, and experience, better acquainted with such courses. And for the matter of such a Petition, I have told you so much of my mind already, that I need to say no more, either of what I think fit in such a case to be desired, or of what may be urged as reason to induce to a concession of it. But peradventure, if this discourse, which now you and I have had, should be known to some of them, unto whom Mr. Moor presented his, they would think it more fit for him to bestow his pains in seeking to reform the evils and abuses in common fields, there where he is acquainted, then in soliciting strangers for a Petition against Enclosure. Howsoever, although I grant not your request in this, yet having already answered your desire in other things, give me leave likewise to propose some questions unto you. I will not put you to the trouble now to answer them, but if you know any that are adversaries to enclosure in general, desire them, if they can, and will, to do it for you. First, doth it appear by any text in Scripture, or by the testimony of any Author whatsoever, that ever any fields lay open, and were used in common, so as now they are in some places of England (those inland Counties in particular, where enclosure is now so much inveighed against) either in the land of Canaan, the lot of Israel's inheritance, or in any other country whatsoever? Secondly, doth it appear, that breaking down walls, or taking away hedges, whereby grounds formerly enclosed, and kept several, may again be laid open, and used in common, is any where in Scripture spoken of otherwise, then as an accursed thing, either the fruit or punishment of sin? Thirdly, is there any probability, that it can be any more unlawful to enclose hereafter any land which is now in common, than it is necessary now, to lay open all the land, which hath been heretofore enclosed? Fourthly, is it true, or no, which hath been said by some, that it was a practice of policy in King William the Conqueror, to have men's lands laid scattered, as they are in common fields, of purpose to minister unto them so much occasion of contention with one another, that they might not have opportunity and leisure to unite against him, in consideration whereof it hath been called the conquerors curse? I will say no more, but only trim up this homely discourse with a few fine lines borrowed from him, in all whose writings wit and art do equally triumph together; Mr. Fuller I mean, who in the second book and thirteenth chapter of The holy State, concerning the good Landlord, amongst other things writeth thus. He detests and abhors all enclosure with depopulation. And, because this may seem a matter of importance, we will break it into several Propositions. 1. Enclosure may be without depopulating. Infinite examples show this to be true. But depopulation hath cast a slander on Enclosure, which because often done with it, people suspect it cannot be done without it. 2. Enclosure made without depopulating, is injurious unto none. I mean, if proportionable allotments be made to the poor for their commonage, and free and lease-holders' have a considerable share with the Lord of the Manor. 3. Enclosure without depopulating is beneficial to private persons. Then have they most power and comfort to improve their own parts, & for the time and manner thereof may mould it to their own conveniency. The Monarch of one Acre will make more profit thereof, than he that hath his share in forty in common. 4. Enclosure without depopulating is profitable to the Commonwealth. If injurious to no private person, and profitable to them all, it must needs be beneficial to the Commonwealth, which is but the summa totalis of sundry persons as several figures. Besides if a Mathematician should count the wood in the hedges, to what a mighty Forest would it amount? This underwood serves for supplies to save timber from burning, otherwise our wooden walls in the water must have been sent to the fire. Add to this the strength of an enclosed country against a foreign Invasion. Hedges and counter hedges (having in number what they want in height and depth) serve for barracadoes, and will stick as birdlime in the wings of the Horse, & scotch the wheeling about of the Foot. Small resistance will make the enemy to earn every mile of ground as he marches. Object not, That Enclosure destroys Tillage, the staff of a country, for it need not all be converted to Pasturage: Cain and Abel may very well agree in the Commonwealth, the Ploughman and Shepherd part the Enclosures betwixt them. 5. Enclosure with Depopulation is a canker to the Commonwealth. It needs no proof, woeful experience shows how it unhouses thousands of people, till desperate need thrusts them on the Gallows. Long time had this land been sick of a Pleurisy of people, if not let blood in the Western plantations. 6. Enclosure with depopulation endamageth the parties themselves: 'Tis a Paradox, and yet a truth, that reason shows such enclosures to be gainful, and experience proves them to be loss to the makers. It may be because God being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a lover of mankind, and men's society, and having said unto then, Multiply and increase, counts it an affront unto him that men depopulate; whereas Bees daily swarm, men make the hives fewer. The Margin shall direct you to the Author, that counts eleven Manors in Northamptonshire thus enclosed, Mr. Benthams Christian conflict, pag. 322. which Towns have vomited out (to use his own expression) and unburthened themselves of their former desolating owners, and I think their posterity. Lectori candido S. Daveniam subitis: non displicuisse meretur, Qui prodesse magis, quàm placuisse cupit. Pardon this sudden work: who strives to profit, More than to please, should not repent him of it. FINIS.