{αβγδ}: OR A VINDICATION OF A Regulated enclosure. Wherein is plainly proved, that enclosure of Commons in general and the enclosure of Catthorp in the County of Leicester in particular, are both lawful and laudable. As also that those evils which do too usually accompany enclosure of Commons, are not the faults of enclosure, but of some Inclosers only. By JOSEPH LEE Minister of the Gospel. And herein do I exercise myself, to have always a conscience voided of offence toward God and toward man, Act. 24.16. But sanctify the Lord God in your heart, and be ready always to give an answer to every man that asketh you a reason of the hope that is in you with meekness and fear; Having a good conscience, that whereas they speak evil of you, as of evil doers, they may be ashamed that falsely accuse your good conversation in Christ, 1 Pet. 3.15, 16. Si sufficiat accusare, quis innocens erit? Allegatio sine probatione calumnia. London, Printed by E.C. and are to be sold by Thomas Williams at the Bible in Little-Britain, 1656. The Epistle to the Reader. Christian and courteous Reader, IT may be thou mayest wonder, that I a Mi●ist●r of the Gospel should meddle with a business of this nature: The truth is, I wonder more at myself, being very conscious of my little experience in the things of this world: This subject is not pleasing unto me, but necessity commands, and I obey. I have been charged to act against conscience in giving my consent to this enclosure, I have been challenged to preach in public, what I have privately professed to be my judgement; but judge it not convenient to answer this cha●lenge, for these Reasons. 1. When I come into the pulpit, I come upon my Masters business, not my own. 2. I am very sensible that if our pulpits had sounded more of the things of Christ, and less of the things of the world, it had been better with us then it is this day. 3. What falleth from the mouth is oft perverted, misconstrued and falsely reported, but litera scripta manet, what I writ thou mayst judge of; I choose therefore this way, to let thee know that I have not sinned against conscience, I have done nothing in this business conscience doubting, much less opposing, and I hope not erring. {αβγδ}, conscience, is a double knowledge, and hath a double aspect, it looks backward and forward; backward upon Gods will revealed, forward upon our own actions performed; I bless God I have compared both these, and examined this business in that highest Court on earth, and I find myself cleared in that the Judge doth not condemn the fact. True I know I have sinned in this action, as I have in all my best duties and most fervent prayers; if the Lord should be extreme to mark what I have done amiss in my holy things, I am not ab●● to answer him one word for a thousand sins; but 〈◇〉 to the action itself, I find Gods ways and my will to meet, and no contradiction between Gods precepts and my actions; God having no where prohibited, what I have herein practised; seeing therefore my heart condemns me not, Joh. 3 21. I have confidence towards God, and consequently solid consolation, against all the uncharitable surmises, opprobrious imputations and false accusations of men: I pass very little to be judged by thee or mans judgement, he that judgeth is the Lord: yea although some of Gods own should have hard and harsh thoughts of me, yet God will not condemn me: Conscience is Gods Court of Chancery, and that relief I meet with in that high Court of equity, Prov. 15.15. is to me a continual feast; God I am sure will not condemn, whom a good conscience rightly informed doth acquit: I say rightly informed, perhaps some will say, that is petitio principii, a taking that for granted, which is not proved. Truly I have neglected no means of information, considering as well what was said against it, as what was said for it: neither did I do it suddenly, but upon mature deliberation, and upon result, I am now very confident, that the lawfulness and laudability of the enclosure by us practised, is in these papers fully confirmed; but I may not be Judge in mine own cause, I leave them therefore to thy candid censure: First I pray consider what I have said, and then judge without prejudice and partiality: and the Lord give thee, and me also, understanding in this, and in all things, which is the earnest prayer of Cotesbatch, Nov. 12. Thy friend, Joseph Lee. — Si quid novisti rectius istis, Candidus imperti; si non, his utere mecum. If ought thou knowest better to be, Impart it; else use these with me, A VINDICATION OF A Regulated enclosure. TRuth is the daughter of Time, and Time the discovery of Truth: all is not gold that glistereth, nor all truth that seems so; Truth itself may be sometimes clouded and unknown to many lovers of it; a glazed piece may pass a while for currant coin, when good money a little blurred is refused, but time and truth will bring it to the touchstone: a gilded error may seem a glorious truth, but time and truth will manifest it to be at best a flourishing falsehood. A pretended error is sometimes truth concealed; unmask it, and it proveth truth revealed. All things are not sinful which are so esteemed; as there are sins real, so there are sins imaginary; as there are sins of Gods making which his Law hath forbidden, so there are sins of the Devils making: the god of this world hath so blinded the eyes of the Idolater, that he judgeth it to be his sin not to bow to an Idol; and the heretic, that he judgeth it to be his sin not to oppose the Gospel. And there are sins also of mens making, which mans brain doth fancy to be sins, although God hath not prohibited them: believe it Christians, if we be truly sensible of those great and God provoking crimes, and daly deviations from the will of God, which we rush upon as the horse rusheth into the battle; we have little need to add unto our burden, by charging ourselves with sins which God hath not made sins, and imputing sins to ourselves which God doth not impute unto us: that God which hath condemned will-worship and self-devised service, who hath required this at your hands? Isa. 1.12. doth not approve that we should condemn ourselves for self-devised sins. It hath passed for an undeniable maxim amongst some, that all enclosure of Commons is sinful; but time and truth hath now discovered, that enclosure in itself is no way vicious, but necessary at least for the well being of the Common-wealth. The proof of this is the task I have undertaken, viz That some enclosure cannot justly be charged with sin: if you call for example for the better assurance, I present you here with one, wherein I am most concerned, viz. the intended enclosure of Catthorp in the County of Leicester: That which I have to say herein, I shall reduce to two heads, viz. That the enclosure of Catthorp is, 1. lawful. 2. Laudable. And consequently not sinful. 1. That the enclosure of Catthorp is lawful, appeareth because it doth no injury to any: that it doth no injury appeareth, because it is profitable to all concerned therein: Now there are four sorts of men besides ourselves to be considered, 1. The Minister. 2. The Poor. 3. The Cottages. 4. The Tenants. That it is profitable to ourselves, I think few will deny; else what mean those outcries against us, that filthy ●ere is our end; or if it be not, volenti non fit injuria, we are ●illing to suffer that wrong. That it is profitable to all others concerned as well as ourselves, appeareth by considering them apart. 1. It is profitable to the Minister; because his living, never worth above 60 l. per annum, and sometimes in bad years but 40. or 50 l. will be made worth 80 l. per annum, we having covenanted constantly to pay unto him and his successors for ever, in lieu of his tithes about 54 l. per annum, the Gl●be at 15 s. by the acre will make up the rest; besides he himself hath consented to it, and therefore it probable would not injure himself. 2. The poor, now having no part of the Fields nor Commons belonging to their houses, will hereby gain 14. acres of Land, which we have freely given unto them to be settled upon Feoffees in trust for the use of the poor of Catthorp for ever, by the same Law that our own Lands are settled upon ourselves, so that none can ever deprive them of it. 3. It will be advantageous to the Cottagers whose Commons being now worth communibus annis, but 8. or 9 s. per annum, will be made worth 35 s. per annum at the least. 4. The advantage of the Tenants I confess will be according to the dealing of the Landlord with them; That we will not deal kindly with them, none have reason to prejudge; or if any of us should rack our Rents in enclosure, it is not the fault of the enclosure, but the inclosers, and that not as inclosers, but as unmerciful Landlords: have we not the same power to do the like in common fields, if the Lord do not give us more merciful hearts? I hope we shall stop the mouths of all gainsayers in this particular. Sure I am they will be great gainers, although they should pay a double Rent, if that be true, which the Petitioners to the Parliament against enclosure did affirm, viz. That men by enclosure do make a triple advantage of their Lands, absurdly alleging that as an argument against it, which in sound judgement is a good argument for it. Object. The allowance to the Poor will not be sufficient for their maintenance. Answ. We are bound by the Law to provide for the impotent poor( if this be not sufficient) as much as in common fields, the Law enjoins us to provide for their being, this we add in charity for their better being; except the ancient Cottages which have land laid out in lieu of their Commons, there are only four erected Cottages in the Town, and for present there are not above twelve persons, men, women and children, that do, or at least can pretend to poverty: the 14. Acres given to the poor, will be worth in time 14 l. per annum, which will amount to five pence by the week to every poor inhabitant, which will be a good help to them: sure I am, young people are very eager to mary into our Town, being encouraged by that large provision we have made for the poor. Object. It will wrong the Poor, because they will want work when the Town is enclosed. Answ. Except two or three old men, who are unable to work, whose sons are tradesman, as also the rest of the Cottages, there are only three day-labourers in the Town; Is it probable that the cutting of hedges, threshing of corn, and keeping of grounds as shepherds, should not find them as much work as they had before? Credat Judaeus Apella, non ego. Answ. 2. Many poor are maintained in working about Wool and Cloth in this Nation, especially in those parts which are generally enclosed, and these kept in constant work; whereas in the common fields divers poor men in the winter have not three daies work in the week to maintain their family: I have heard a godly man an experimental Clothier affirm, that if there was an effectual course taken, that no Wool might be transported beyond sea, no poor man or woman in England, that is ●illing to work, could lack work. Answ. 3. Have not the laws of the Land sufficiently provided, that none shall want work? if any in Catthorp should want work, may they not be relieved upon their own complaint to the next Justice of Peace? To what end were the Laws made if not to be executed? Object. It will depopulate, enclosure being usually attended with plucking down of houses, and destroying of Towns. Answ. As there are many depopulations in enclosure, so there are many enclosures without depopulation, as in particular, Market Bosworth, Coten, Carlton, Shenton, all in one parish: Nelson, Cadsby, Upton, Bilson, Stapleton, Twicross, Barton, Higham, Stoke, Golding, which Towns are all near together: the like may be said of Little Glenn, Croft, Ashby Magna, Cosford, Woscot, and divers others; in which places although they have been enclosed some twenty, some thirty, some forty, or fifty years; there is neither depopulation nor decay of houses: if some Inclosers depopulate, these things are vitia personarum non rei, the faults of the persons, not the thing; the offences of some Inclosers, not enclosure. Are depopulation and enclosure inseparable companions? no, this a mere non sequitur, it followeth not: as if a man should say, because many are drunk in an inn, therefore there ought to be no inn to entertain travellers: And this I am the more confirmed in, because they that preach and writ and talk most against enclosure, bring not an argument against enclosure as enclosure, but against depopulating enclosures, such and such enclosures, which to me is an evidence that they are convinced in their consciences, that some enclosures are lawful. Answ. 2. When enclosure doth produce depopulation, it is only in such Towns as are in the hands of one or few men, and not in such Towns where there are several freeholders of small Tenements, as it is with us at Catthorp; our whole continent being but about five hundred and eighty acres, is now in the hands of eight Free-holders, and five or six ancient Cottages, who are also Free-holders. Answ. 3. We have covenanted so far as we can by Law to uphold all our ancient Tenements and Cottages to be continued habitations, and a competent quantity of Land to be used with each of them. Reply. But Covenants will not bind posterity, they may depopulate, although you do not. Answ. We have done our utmost to bind posterity and successors; if our acts will not bind them, the defect is not in us, but in the laws of the Land. Answ. 2. If after ages should depopulate, the fault is not ours, who have declared our dislike of it and done our utmost to prevent it, but theirs who shall be the actors in such devastations, it being already clearly demonstrated, that depopulation doth not necessary follow enclosure. Answ. 3. After ages might destroy their habitations in Common-fields, although it had not been enclosed, and this all will grant would not be our fault. Mr. Caldecot( who is only in a capacity to depopulate, because he alone hath more Tenements than one) if he was of that mind, might pluck down his two Tenements, which he now setteth to Tenants, and lay his Land to his own house and plow it himself with two good Teams as it lieth in Common: so that he might depopulate although he should not enclose: our enclosure then will prevent depopulation, at least for this time rather then occasion it. Answ. 4. It was well observed by the Author of the Answer to Mr. Moores Sermon, that such depopulations as accompany enclosure are usually made at first, and not in succeeding generations: I know a Town which was depopulated upon the first enclosure about fifty years since; but since the first depopulation, not one house decayed, but divers houses increased. Object. You will keep fewer servants, and so depopulate. Answ. As many maid-servants will be employed as before, there are but about ten man-servants and shepherds employed by all the Farmers and Husbandmen in the Town as it lieth in Commons, and there will be six or seven kept in enclosure. It's confessed, that it's probable three or four shepherd-boyes will be necessitated to lay aside that idle employment: which in very many places proves destructive, specially to the souls of those Lads; in that, poor creatures, they are brought up by this means, without either civill or religious education, when on the work-daies they should be at school, and on the Lords day at Church, to learn the ways of God, they are playing at nine holes under a bush, in the interim their cattle make a prey on their neighbors corn, and they themselves are made a prey to Satan, being so rooted and riveted into sin being young, that many times they live and die in a total ignorance of God and Gospel: now if upon the enclosure such boyes as these, be set to trades and such like employments, wherein they may more conveniently frequent Gods Ordinances, and come to the saving knowledge of Christ, will any call this depopulation? Answ. 2. Let it be granted that our land and business lying nearer together fewer servants will be kept; are any bound to keep more servants then are needful for their business; or may they not cast how to do the same business with least labour: Frustra fit per plura quod fieri potest per pauciora, In vain that is done by more, which may be done by less: Is a man bound to keep servants to pill straws or labour in vain? by what Law? if this principle be good, that all are bound so to carry on their affairs in the world, as to employ servants, although to their own disadvantage; I dare say, the much applauded plough must be cast into the ditch, and much admired manufacture of tillage must be exchanged for digging with spades and mattocks, which would employ more men than tillage. Reply. To that maxim, In vain& e. an ingenuous friend in discourse returned this reply, that it holds in naturals, not in politics. Answ. 1. I confess it may be good policy in such Common-weals, where are such a multitude of people, that they cannot otherwise be employed, to keep them in work, about that which is of little profit, rather then they should be idle. But blessed be God, our people may be employed in the working of wool, flax, hemp, woad, and other commodities, which are very beneficial to the Common-wealth, and therefore they need not labour in vain. Answ. 2. There is with us rather a scarcity than a superfluity of servants, their wages being advanced to such an extraordinary height, that they are like ere long to be masters, and their masters servants, many poor husbandmen being forced to pay near as much to their servants for wages as to their Landlords for Rent. Object. It will decay tillage. Answ. 1. This is indeed the most probable argument against enclosure, and that which I confess hath put formerly some scruple upon myself, till I was fully convinced by experience that it hath no weight in it, if considered in the balance of judgement: look upon all the enclosures within three miles round about Catthorp, Bigging, Browns-Over, Coten, Cosford, Shawell, Hall field, Streetfield, Sister, Over, Moore-barn, Cotesbatch, coats, Pultney, Misterton, Starmer, and the most of these enclosures have been ploughed within thirty years, and the rest are now about to be ploughed; and what great quantity of corn hath been gained in them, no man in the country that hath observed them can be ignorant, some or other of these being never without great store of corn. Answ. 2. What is it that makes corn so cheap as it is this day, but the breaking up of old enclosures. I deny not but the Lord of his mercy hath crwoned the earth with more then ordinary plenty in the common fields, but this alone could not make corn so cheap as it hath been these late years: that the plenty of corn makes it cheap, I think it is undeniable, and then it will follow, that there is a double quantity of corn now in the land, compared with that which hath been formerly; because the price of corn hath been commonly double, and sometimes triple: but few common fields have now a double quantity of corn to that which they have had formerly. I have conferred with divers Ministers, which receive Tithes in kind, who do affirm the premises upon their certain knowledge to be true, and then it will follow, that the late plenty and double quantity of corn is got in new broken up enclosed grounds, whereof there are now very many in all places. Answ. 3. By what Law of God or man is every man bound to plow his land at all times, whether there be need of corn or no, although he can make more advantage to himself by pasture? May not every one lawfully put his commodity to the best advantage, provided he do it without prejudice to others? do not all tradesman cast to lay out their money upon such wears, as will be most advantageous to themselves? Have not Land-holders as much reason, and may they not with as good conscience put their lands to the best advantage? but many will lay heavy burdens upon others which themselves will not touch with one of their fingers. Answ. 4. Whensoever there is the least want of corn, and mens Land is fit to bear corn, men will plow up their enclosed land for their own profit; it's an undeniable maxim, That every one by the light of nature and reason will do that which makes for his greatest advantage, but whensoever corn beareth a considerable rate, viz. wheat four or five shillings, and barley two shillings six pence, men may make more profit, by ploughing then pasture; and consequently will plow for their own advantage: why else do men usually give 40 s. an acre for tillage, when no man can afford to give above 20 s. for the grazing of the same land? Answ. 5. Let it be granted, as it is not proved, that it is a duty incumbent upon all Land-holders at all times to keep part of their land in tillage: this equally binds all, as well in old as new enclosures and common fields. I wish that those that so zealously impose this law upon others would first practise it themselves: suppose A. B. having 50 acres in C. is bound to plough such a quantity of it: the C. D. having land in B. is bound by the same law to plow as many acres proportionate to his land. Ans. 6. If judicious men shall find experimentally, that the Common-wealth will suffer for want of corn, if every man be left at liberty to plow or not to plow, why may it not be enacted by a law, that every Land-holder, as well in enclosures as common fields shall be forced to plow such a quantity of land as shall be thought convenient: this I am sure, would be more equal, then that all the toil of tillage should be laid upon the common fields,( till their lands by continual ploughing of more land then they are able to manure, are worn quiter out of heart and made unfit for any thing as it is in many places) and in the interim the enclosures go free. Object. Prov. 11.26. He that witholdeth corn, the people will curse him( or Hebr. smite him through) but blessing shall be upon the head of him that selleth it. Answ. Two things in this Scripture to be considered, 1. What to withhold corn. 2. What to curse. 1. To withhold corn, is through a base avarice and greediness of gain, to hoard corn by thrusting it up into the barns and garners, and refusing to sell it to the poor in times of greatest want, still expecting that it will be dearer; withholding is then opposed to selling, and concerneth not those that have none to sell in hard times, this being a misery rather then a sin: neither is withholding corn a sin at all times, but only in times of scarcity, in times of plenty it is rather a virtue, there being no better friends to the Common-wealth, then such who having ability and conveniency, do in times of plenty reserve their corn for future times of poverty: Had not Josephs prudence provided granaries in the seven precedent years of fullness, to supply the seven subsequent years of famine, all Egypt had perished, Gen. 41. yea all Israel, Gen. 42.1, 2. Hence it is provided by the statute laws of this land, that corn may be engrossed and kept in granaries when it is of small price, Anno. Edw. 6. stat. 14. Anno 13. Elizab. stat. 25. 2. To Curse, is to wish evil from God to our neighbour: this is a thing utterly unlawful, God having commanded us to bless, and prohibited cursing, Rom. 12.14, 15. Hereby men would make God an executioner to their base lusts: God must come down from heaven in all hast to revenge their quarrels, and serve their malicious humours. True, we red in sacred writ, of some of Gods servants which have cursed Gods enemies, Psa. 69.22, &c. 2 Kin. 2.24. but these were not passionate maledictions, but Prophetical predictions of Gods judgement, not so much in their own cause as Gods cause, incited by God, not their own lusts; and against such only whom they know to be Gods implacable enemies, Psal. 109.15, 17. compared; and therefore, although not to be rejected, yet not to be imitated: This Scripture therefore is no encouragement to the people to curse even those that do sinfully withhold corn, but is rather an aggravation of the sin of such withholders, in that they do irritate and provoke the people to sin against God by cursing them. Whether God will second the sinful curses of men, although they curse such as are sinful, is a question to be considered: yet I aclowledge it is the just reward of those that walk irregularly, to be paid in their own coin, and irregularly punished by the reproaches, execrations, and detestations of the multitude, Prov. 24.24. I say just from the hand of God, although sinful in man: but what makes this against us? you will say it holds in analogy, against such as withhold their lands from ploughing. Reply, 1. But what makes this against enclosure as enclosure, seeing many enclosures abound with corn. Reply, 2. It is granted that such as having land fit to plow in time of want, do withhold their lands from ploughing, are equally guilty, as those that withhold their corn from selling, especially if they do it upon that covetous consideration that corn will be dearer, when it is extraordinary dear already: If any Inclosers do so, let them answer for themselves; but as withholding of corn is not unlawful at all times, but expedient at some times, as in Josephs case, so if some men in times of plenty do rese●ve their land for times of penury, that they may then plow, such are not only provident husbands for themselves, but profitable members of the republic. That we in Catthorp will not plow when the Commonw●●lth hath need of Corn, none have reason to prejudge: if therefore any be so wicked and malicious( as I ●ear and hear some there be) to curse us without cause, I hope we shall not render railing for railing, but shall, 1. Pray for them in our Saviours words,( Oh that we could do it with our Saviours Spirit!) Father forgive them, for they know not what they do, Luk. 23.34. 2. Pray for ourselves, that we may be delivered from unreasonable men, 2 Thess. 3.2. 3. Comfort ourselves in that promise of God, that the curse causeless shall not come, Prov. 26.2. But let those bitter bloody spirits, and cruel cursers look to it themselves, curses being like arrows shot upward, that fall upon mens own heads; they that do Balaams work may expect to receive Baalams wages. Object. There are many excellent promises made to tillage above other callings, Prov. 28.19. He that t●lleth his land shall have plenty of bread. Prov. 12.11. He that tilleth his land shall be satisfied with bread. Answ. These promises are made to diligence in that calling, not to tillage as tillage; it's not the mind of Solomon, so to omnifie tillage as to vilify diligence in other callings, these promises are in the proportion of faith encouragements to dilig●nce in other callings; as appeareth by what followeth, Prov. 28.19. He that followeth the idle shall be filled with poverty. And Prov. 12.11. He that followeth the idle, is destitute of understanding. Whatsoever are mens stations or vocations, God rewardeth the diligent, Prov. 10.4. The hand of the diligent maketh rich, but the slothful hand maketh poor. Prov. 13.14. The sluggard lusteth but his soul hath nought, but the soul of the diligent shall be made fat. As slothfulness in all callings doth cloth men with rags, Prov. 23.21. So the slothful ploughman shall want bread, Prov. 20.4. The slothful will not plow because of the winter, and therefore he shall beg in the summer and have nothing. If a shepherd be laborious in his calling, God will reward him as well as the painful ploughman: the sacrifice of Abel a keeper of sheep was accepted, when the sacrifice of Cain, a tiler of the earth, was rejected. Jacob was faithful in keeping Labans sheep, and God rewarded him, Gen. 30.42, 43. Yea Jacob brought up his children in that calling, Gen. 37.2. A keeper of sheep was an abomination to the Egyptians, Gen. 46.34. but the trade of the Israelites. Object. Wo be to them which join house to house, and field to field, till there be no place, that they may be placed alone in the midst of the earth, Isa. 5.8. Answ. The Prophet reproveth the blind ambition, and insatiable avarice of those that are not contented with their own large possessions, but per fas aut nefas, vi& fraud, by right or wrong, force and fraud, without consideration of their poor neighbour, do grasp all into their own fists; neither, as Calvin notes upon the place, Nec enim per se damnari potest si quis agrum agro& domum domui conjungat, said animum respexit propheta, qui satiari nullo modo potest, ubi semel habendi cupiditate accenditur, Calv. in Loc. is the joining of house to house and field to field simply condemned, but the greedy desire of it: a man whose family increaseth, if the next house be empty, may join it to his own; and a man whose stock of cattle increaseth, if the owner and possessor will willingly part with the next field, may lawfully join it to his own: but that which is justly condemned is such a joining house to house and field to field, which is joined with oppression and injury to others; till there be no place which is not their own, and none left to their poor neighbour; nothing contenteth, but that they alone possess the earth: this being the true meaning of the place, I grant that this taxeth those cruel inclosers and caterpillars of the Common-wealth, as reverend Mr. Dod calleth them, which set themselves to unpeople the Land, by destroying Towns, and turning out the poor: Let them answer for themselves, God will call such to an account: For my part I am so far from approving or practising such sinful enclosure, that I hearty wish that all the owners of such enclosures might be forced by a law, to repeople such places, rebuild their houses, and none might be suffered to rent such Land, but such as inhabit those decayed Towns; but this is the fault of the Inclosers, not the enclosure, vitium personae non rei. What makes this against enclosure in general, or the enclosure of Catthorp in particular? whose houses have we destroyed? whose Land have we invaded? every man shall enjoy the same quantity o land, which he did before; we have not taken away our neighbours land by force or fraud, but have by a general consent of the Land-holders, exchanged one acre of Land for another, for our conveniency: we have not taken away the Lands of the poor and laid them to our own, but have lessened our own Lands, and given part of them to the poor for ever. Object. But God hath pursued enclosure with his severe judgements upon the Inclosers and their posterity: we may red their doom wrote in text letters, and legible characters of misery, in that the Inclosers do seldom keep their Lands three generations: and here again is alleged, Isa. 5.8, 9. This is in mine ears, saith the Lord of host, surely many houses shall be desolate, even great and fair, without inhabitant. Answ. 1. That cannot be looked upon as a judgement against Inclosers, which is common to other Land-holders which never did enclose: few in common fields do keep their Lands three generations, take Catthorp itself for instance: Mr. Caldecotts Land within the memory of some living, was sold by Mr. Leigh to Mr. briton, and by Mr. briton to Mr. Caldecot: Mr. Wildes Land within the same time hath been sold by Mr. Feilden to Mr. Elkinton, whose heirs sold it to Mr. wild: my own Land within 40 or 50 years, hath been sold by Pywell to Stanton, by Stanton to Joseph smith, whose Son in law sold it to my Father. Thomas Bronnes Land within a little more then twenty years, hath been sold by Charles Kilpacke to James Staples, who sold it to Henry Be father of the foresaid Thomas. William Ernesby's Land was sold by Mr. fielding to Mr. Elkinton, whose Heir sold it to Thomas Wood, father in law to the said William. Only Edward Smiths Land hath continued in that family three generations. Answ. 2. Sometimes inclosers keep their Land many generations, Co●es, Mysterton, and Pultney, have been in the hands of the Pultneys, and Starmar in the hands of the Caves many hundred year, two presidents that cannot be paralleled in the common fields. Answ. 3. Concerning those mentioned by the Prophet Isaiah, whose avarice and ambition is content with no mediocrity( who are like to Alexander the Great, who hearing the Philosopher disputing that there was many worlds, is said to weep because he had not conquered one) I say when men let loose the reins to such unruly lusts, being never satisfied till their covetous hands have taken hold on other mens portions, God justly may, and many times doth blast their blessings, and curse their mercies, Mal. 2.2. plague their posterity and leave their houses without inhabitants: but what is this against our enclosure? that doth only improve our own mercies to the best advantage to ourselves and the Common-wealth, without the least injury to others: I bless God we are not partakers of such mens sins, and therefore hope we shall not be partners of their plagues. Object. Prov. 22.28. Remove not the ancient Land-mark which thy fathers have set, from whence some infer, that it is not lawful to exchange our fathers Lands for other Land. Answ. The removing the Land-mark there prohibited, is when men by force or fraud remove the Land-mark of their poor neighbours whose Land is adjacent, and so take hold on part of their Land as their own, without consent, or giving any other Land in exchange; a sinful practise, too common in the common fields, where men make nothing to pull up their neighbours Land-mark to plow up their Land, and mow their grass that lieth next them: This is the intent of the Holy Ghost, if we will give God leave to be his own interpreter. Prov. 23.20. Remove not the old Land-mark, and enter not into the field of the fatherless. So Deut. 19.14. Thou shalt not remove thy neighbours Land-mark which they of old time have set. This sin brings a curse upon the actors and authors of it, Deut. 27.17. But this maketh nothing against a mutual agreement to exchange one Land for another, whereby both parties are advanced and neither injured; this being a setting of Land-marks, not a removing them: we do not remove Land-marks to oppress one another, but set Land-marks to keep each other from oppression: we doubt not but our enclosure will prevent many such oppressions expressed in the premises. Object. enclosure destroyeth horses which should serve the State in War. Answ. Few horses kept in common fields fit for service, one well kept will be more serviceable to the State then three that are jaded and tired: besides, moneys are the sinews of war, if that be not wanting, the State cannot want either horses or men: but the sum of money that is payed in all taxes out of enclosures is double to that which is payed out of the common fields of the same quantity. Object. All have not consented, one that hath seven sheeps Commons doth withstand it, may you lawfully force him so part with his right of Common and accept of your allowance in stead thereof against his will? may you make a hedge in the Common without his consent? doth not the Prophet Micah pronounce a woe against such dealing as this? Mic. 2.2. Woe unto them that covet fields and take them by violence, and houses and take them away, so they oppress a man in his house, a man in his heritage: what although you allow h●m a proportion of land of more value then his Commons are worth? Is not this Naboths case, do ye not act Ahabs part to the life? 1 King 21.2. Ahab offered money, or a better vineyard, yet Naboth refusing, Ahab is condemned. Answ. 1. We do not force him to part with his right, he hath no land which he can mark for his own only right of Common: and we have right of Common as well as he: we do only divide our Common from his, and leave him a large proportion, himself and friends have confessed that it will be no personal wrong to him, the Land allotted him being four times as good as his Commons. We do not oppress him in his heritage: I think if that woe pronounced by Micah was well considered, it might rather be retorted in that he doth threaten by violence to pluck down our hedges, and force us to lay aside the improvement of our heritages, when our doing of it is confessed to be no wrong to him, and proved no injury to others. Answ. 2. The case of Naboths Vineyard is far different from ours, it was unlawful for Naboth to exchange his vineyard with Ahab although for a better, because God had prohibited the I●raelites to sell their Land from their own Tribe: the reason rendered, Levit. 25.25. Because it was Gods: in case of poverty it might be mortgaged, but not sold, the next kinsman must redeem it, vers. 25. and although it was never redeemed, yet in the year of jubilee it must be restored, vers. 26. Therefore the daughters of Zelophehad must mary to husbands of their own tribe, because the inheritance of the children of Israel might not remove from tribe to tribe: Naboth was not of the same tribe with Ahab: had Naboth denied Ahab such a small courtesy only upon his own will, he had been a very unkind subject; but his deni●l was grounded upon Gods will: besides, we desire nothing to be exchanged with him, but our own to be divided from his. Answ. 3. If he refuse to have his part of the Common separated from ours, and resolve to put himself to that trouble and charge, he may still intercommon amongst us, and put his seven sheep in any place, where he had right of Common before: our division of our own Common from each other, will be no impediment to him to use his Commons as before the enclosure, the Land allotted to him, will fully content any of us whose Land he shall make choice of. Answ. 4. In that it's said we make our hedges upon his Common, we have three hundred parts for his one, and consequently set hedges upon our own part of the Common, not upon his. Surely there will be grass enough for seven sheep notwithstanding the hedges in some of our grounds. Object. You have taken away the Church Land, and given it to the poor. Answ. We aclowledge that those small parcels of Land called Church-hadland and Church-layes( which were set apart by common consent, not any particular mans donation, for repair of the Church, or whatsoever other public use the Town appoints) are part of that Land given to the poor; they being our own, why may not we dispose of them to what public use we please? they were never worth above 20 s. per annum, communibus annis, which money did formerly bear the charges of the rich, and is now disposed of for the use of the poor: Is it unlawful to give it from ourselves to others that have more need? Moreover the latter math of Mr. Elkintons piece, a thing of greater value is to be employed to the same public use as those Lands formerly. Object. Filthy lucre the end of your enclosure, in that you aim at your own gain and not at Gods glory: It is also alleged that my s lf and other Ministers have preached, that mens actions are sinful, although not materially evil, if the ends be not Gods glory. Answ. Upon what ground it's said filthy lucre is our end I know not, unless all gain be filthy: true, such gain which is either gotten by indirect means, or prosecuted with covetous desires, the Scripture calleth filthy lucre, 1 Tim. 3.3. Tit. 1.11. 1 Pet. 5.2. till one of these be proved against us, what some affirm to be filthy lucre, I shall be bold to call honest advantage. Answ. 2. It's granted that those actions which are in themselves lawful, may be to the doers sinful: that which is materially good, may be formally evil, if the person be evil: it's only a good three that can bring forth good fruit; and a good man, that can do a good work, Mat. 7.17, 18. the best works of wicked men are but splendida peccata, glorious sins, and that which is bonum, good in itself may not be been factum, well done, nor accepted of God. And so also that which is materially good, may be finally evil, when Gods glory is not made the end as well as Gods will the rule of mens actions: Jehu did that which was good, executing Gods Commandement in destroying the posterity of Ahab and the Priests of Baal, 2 King. 10.11, 25. These actions God approved and rewarded with a temporal blessing, viz. that his children did sit upon the throne of Israel, unto the fourth generation, vers. 30. but because Jehu did not aim at Gods glory, but his own byends and base designs( his word being the glory of God, 2 King. 10.16. but his project being his Masters kingdom) therefore we find God threatening what he had commanded, and punishing what he had rewarded. Hos. 1.4. I will visit the blood of Jezreel upon the house of Jehu: But what can be inferred from all this to prove the enclosure of Catthorp sinful? rather this very objection from the mouths of such zealous opposers, doth to me confirm the equity of our cause and the lawfulness of our actions. For, 1. Hereby it's granted, that our enclosure is not sinful in the matter of it, only they suspect our ends are not right. 2. Have they reason to suspect that our ends are not right? or we more reason to suspect their censures to be rash? seeing they dare usurp Gods prerogative in searching our hearts, before they have detected any evil in our actions. Have we discovered that our aims are not at Gods glory, as Jehu did? or have not they rather discovered themselves more censorious then becometh Christians, by unadvised judgement? Mat. 7.1. 3. Why is not Gods glory our end? forsooth because we aim at our own gains and advancement of our estates. Are these two ends always incompatible? this a mere Non sequitur: may not the bettering of our estates be carried on in subordination to Gods glory? if God enlarge our talents by his blessing upon our lawful endeavours, the fault is in our corrupt hearts, and not the enclosure, if we do not glorify God so much the more. It is a very strange principle and unheard of paradox, that nothing can be done to Gods glory, which tends to mans profit: Do not tradesman in following their vocations, aim at their own advantage, do none of them glorify God thereby? Doth not the husbandman in all his dressing the earth, aim at the harvest? is not gain his end as well as ours? If we do not glorify God, then all the glory of tillage will be defaced, and the honour of the painful ploughman laid in the dust. But why do I speak of earthly things, do not the Saints in all their doings and sufferings for God, aim both at Gods glory and their own advantage, viz. the salvation of their souls? Did not Moses in all his afflictions with the children of God, aim at his own advantage, Heb. 11.26. He that despised all the glory that Pharaohs Court could afford him; he that( Pharaohs Crown being set upon his head, when he was yet a child) did take it off and spurn it with his foot, as Josephus relateth, He that did willingly choose the sinless troubles of oppressed Israel, then the sin●ul pleasu●es of triumphing Egypt: He by whom God did all those mighty things for his Israel, without controversy did glorify God: yet had an eye also to the recompense of reward. The enclosure of Catthorp laudable. IT being proved that the enclosure of Catthorp is lawful, I proceed in the next place to prove it Laudable, and that Gods glory is the end as well as Gods will the rule of our actions. This will appear in two particulars: 1. It doth procure good. 2. It doth prevent evil. Now if these two be proved, I doubt not but all ingenuous Christians will aclowledge that it doth glorify God, and that it is not to be decried, as of evil report, but rather truly laudable as well as lawful. 1. That it produceth bonum utile, a profitable good, I think none will deny; and that this good is also bonum verum& honestum, consistent with honesty, I thus prove. 1. Hereby we provide for our families, which is not a sin but a duty, provided always we do it by lawful means, He that neglecteth this, the Apostle saith, is worse then an Infidel; and shall we be accounted Infidels for doing of it? let it be granted, that it is one end to increase our estates, and make better provision for our families, that both we and ours may be in a better capacity to do God service and glorify him the more: all this is our duty; who then can blame us? 2. It nourisheth wood which is much wanting in their fields or Countreys: wood daily destroyed and cut down; if none be planted, how will after ages be provided? 3. All the arable ground in the fallow-field, which is of no profit in the common field, will be gained and profit made of it: in enclosure the land being once soarded, the husbandman needs keep no fallow at all, and yet have more corn upon one acre of new broken up land, then upon three acres in the common field. I lately ploughed up three acres of old enclosure in Cottesbatch, and gained sixteen quarters of barley, when my Tenant had not so much of two yard land and three quarters in Catthorp the same year: the next year I sowed the same Land with wheat and gained thirty five thraves, whereas my Tenant hath seldom had half so much winter-corn upon all my Land in Catthorp: so that if he continue but five acres in tillage, ploughing sometimes one part of the Land, and at other times another part, he will have more white corn then he had before the enclosure, and the rest of the arable Land will be gained. 4. The arable Land in the pease-field may be improved to greater advantage, the pease for the most part being all spent in seed and keeping of horses, and seldom any profit made of them. 5. In enclosure men may plow their Land with oxen, which( the harvest being inned) they may feed in the latter months and so sell them, and the next year buy others in their room, which will be far more profitable then horse, which in the common fields are for the most part so jaded and tired with continual labour, that they make little profit of them; or if they deem it more convenient, they may keep good mares whose foals will bring them great profit yearly. 6. The advancement of private persons will be the advantage of the public: if Merchants do buy an advantageous commodity,, hath not the Common-wealth an advantage thereby, as well as themselves? if men by good husbandry, trenching, manuring their Land, &c. do better their Land, is not the Common-wealth enriched thereby? so whatsoever benefit we make to ourselves, tends to the public good. Secondly, As Good is procured, so Evil is hereby prevented: two sorts of evils, malum peccati,& malum poenae, evil of crime, and evil of pain; evil of sin, and evil of sorrow; evil of mens doings and sufferings, mans iniquity and misery are both prevented by a regulated enclosure. Evils of sin are, 1. Strife and contention, litigious quarrels and suits of Law, which are daily occasioned by mens trespasses against each other in the open fields, for want of a mound to keep their cattle within their own bounds. Let it seriously be considered, how many brawling contentions are brought before the Judges every Assizes, by the inhabitants of the common fields; and how few of the like nature by the inhabitants of enclosures, and it will set a seal to this truth. 2. Falling out of herdsmen, which produceth fighting, battings, and too often murders. 3. Many wilful oppressions, men commonly stealing their neighbours corn and grass that lieth next them, and turning their cattle loose on purpose, when they pretend they break their tedders: now although wicked men will do this in any place, yet they have not such opportunity to commit such rapines, so secretly without discovery in enclosures as in common fields; the very occasions of sin are dangerous, take away the occasion and the sin will cease. It's a fair booty that makes many a thief, which possibly would have lived honestly but for the occasion. Opportunity one calleth an wooer, which none but heaven can conquer; occasion and a corrupt heart being like to two inordinate lovers which seldom meet together but they sin together, if we keep them asunder the harm is prevented. 2. Evils of sorrow, the misery of man and beast hereby prevented. 1. Common experience teacheth that it preventeth the rotting of sheep, there being usually five rots in the Common fields for one in enclosure, the poor husbandman losing as much in the Rot one year, as he hath gained in seven years before. 2. The hedges preserve the corn and grass from spoil by travellers; who know no high ways in the common fields, especially by herds of cattle, which by reason of the extreme narrowness of the Common, do much harm upon those Lands which butt upon the pasture, notwithstanding the keepers do their uttermost to prevent it 3. It prevents that disorderly and irrational manner of feeding of cattle, and driving them by flocks from place to place, to the great prejudice of the Land and grass, the cattle staining and spoiling as much with their feet, as they eat with their mouths; as also the annoyance and disturbance of the cattle by such disorderly driving. Me thinks even pity to the poor beast, should invite men to sever their pasture from their arable land, that so they may feed and drink when they desire it without disturbance. But many are so wilful that they will not change any of their old customs, although they can give no more reason for it, then the savage Irish for their drawing their ploughs by the horse tails without harness. 4. It preventeth that insufferable wrong both to man and beast, in keeping more cattle then the fields can bear, which impoverisheth man, and pineth the beast: True, it's granted fewer cattle are kept in improved grounds, but one cow or sheep will yield as much profit as three in the common fields. 5. It preventeth the intolerable toil and unnecessary charge of the husbandman; 1. In tilling his Land; it requiring three or four tilths in the common field, without which it will bear no corn, whereas in enclosure far less Land will yield more corn with one tilth. In the common fields the arable Land turns the husbandman to little profit, his great pains and cost considered, which I conceive is the reason of that maxim of the husbandman, That he that gives more Rent for his Land then the Hay and Commons are worth, hath but a hard bargain: his labour and charge in dressing seeds and inning, amounting to near as much as his Crop of grain is worth. 2. In gathering his Corn and Hay together, specially Hay, which lieth in so many little parcels, in bulks and hades, and at such a distance, that it costs near as much in gathering as it is worth. 6. It preventeth the oppression of the poor husbandman, which is not able to store his own Commons, which the rich man devoureth with his cattle, and so puts the poor mans profit into his own purse. Object. It is not Laudable although Lawful, because three Ministers having a hand in it, others will be encouraged to enclose other Towns unlawfully. Answ. If any pled our example, I hope they will also follow it in all circumstances wherewith it is clothed, and then their enclosures will be lawful as well as ours; if otherwise, they have no reason to pled our example, but rather our good example will condemn their sinful enclosure. Object. It is at least the appearance of evil, and Christians, much more Ministers must avoid not only evil, but the appearance of it, 2 Thess. 5.22. Answ 1. That the appearance of evil is prohibited, is l●st Christians should fall into evil, which they think good, through mistake; some sins are palpable, which we may feel; some visible, which we may see; others of a finer thread, it's difficult to discern them; some sins are open, and others are much disguised: upon this account Gods people ought to watch, l●st they rush upon these disguised sins, but let our enclosure be unbowelled and unmasked, and no evil appeareth in it. Answ. 2. I grant it a duty not only to provide for conscience by shunning evil, but for same by avoiding the appearance of it; the jewel of a good name must be provided for, Phil. 4.8. the credit of the Gospel depends upon those that profess it, much more those that preach it: because through their sides the Gospels glory is much wounded, therefore Christians must avoid not only Bernard. Malas res said malas pariter species, not only evil things but the shows of evil. Such things as are evil in themselves, and such things as are bruited to be evil in their circumstances. Thus Paul did abstain from things lawful, rather then offend weak brethren, 1 Cor. 8.13. He would not eat meat while the world stood, rather then offend; so in the first plantation of the Gospel he chooseth manual labour, and requireth not Gospel maintenance, to avoid the suspicion of being mercenary: but here note, that in avoiding the appearance of evil, three things are considerable. 1. Whether the persons offended be weak or wilful; what Paul did, was in compliance with weak Christians, young neophytes, which were not yet informed that those that preach the Gospel ought to live of the Gospel: should Pauls practise be pressed upon the Ministers of the Gospel now, would not all Christians answer that this was in the Churches infancy, when weak Christians did not know their du●y; but now under the glorious shining of the Gospel of peace, this truth is clearly made known in the word, to every Christian that is not wilful: if therefore Ministers should now give up their Right, this was not to satisfy the weak, but to gratify the wilful: so it being clearly detected and demonstrated, that our enclosure of Catthorp is a thing lawful and good must needs profess. I conceive them not weak Christians, but wilful travellers, that call it the appearance of evil. 2. Whether the thing done be a Real appearance of Evil, or only Imaginary. 1. Real, when the fact itself or circumstances do give ground of suspicion. Or, 2. Imaginary, which is framed and fancied out of prejudice without any colour of reason. That our Saviour did heal on the Sabbath day was to the Pharisees an appearance of evil, but fancied by their ignorance rather then afforded by the fact, it being a work of charity, and one part of the duty of the day whereby it is sanctified. 3. Whether the thing in question be a thing indifferent, or absolutely good and a part of duty: It's a ruled case, That no duty ought to be neglected because it is suspected to be evil; although evil may not be done that good may come, yet good must be done although it seem evil. We must avoid the appearance of evil, but it follows not that we must avoid evident and transparent good, which our enclosure is fully proved to be. Object. The people are generally offended at it, and cry out against all enclosure as oppression, therefore it is at least a thing of evil report, and to be avoided. Answ. All things are not of an evil report in the Scripture sense, which the multitude decry as evil: the best things now a daies are worst spoken of by the multitude, the very name of Reformation is as much exploded by the vulgar as enclosure; those sacred ordinances of Magistracy and ministry, which God hath honoured with his own approbation and stamped with his own superscription, Rom. 13.1. Heb. 13.17. are now become offensive to the leveling multitude: Suppose that some under the specious pretence of reformation, would bring in deformation; is therefore all real reformation according to Gods Word to be rejected? Suppose some Magistrates and Ministers have miscarried and done amiss, must therefore these Ordinances of God be laid aside? God forbid; these miscarriages were vitia personarum non rei, the faults of the men, not the office: Let it be granted that some Inclosers have destroyed Towns and oppressed the poor, and thereby have raised an evil report upon enclosures in general, must we therefore lay aside all our hopes of reformation of the common field confusion by bringing them into the discipline of a regulated enclosure? A hedge in the field is as necessary in its kind, as government in the Church or Common-wealth. When God threatens to lay waste his vineyard, the Church and Common-wealth of Israel, it's said, I will take away the hedge thereof, Isa. 5.6. viz. Magistracy and Ministry, those props and pillars of the Church and State, which are here compared to a hedge enclosing the vineyard or field; as also Gods Church is called a Garden enclosed, Cant. 4.12. Had God been such an enemy to hedges as some pretend, the Holy Ghost would not have made use of this metaphor, to signify those his glorious Ordinances: if God in judgement removed the hedges of Israel, I hope it will be a mercy and not a judgement, to enjoy the benefit of hedges in Catthorp, whatsoever the multitude say to the contrary? This is our comfort, God must judge us, not the multitude; if we have the approbation of God, we care not much for the applause of men: our betters before us did pass through an ill report as well as good, 2 Cor. 6.8. It is a second comfort, that those real commodities and conveniences, which we and ours hope to enjoy by this enclosure, will do us more good than all the vanity of popular applause: that maxim, vox populi, vox Dei, to be understood, vox populi Dei, the voice of the people, the voice of God( that is) the voice of Gods people, is the voice of God, not aura popularis, that airy blast of the vulgar breath, which turns with every wind, and is for the most part as unconstant as it is groundless. Answ. 2. I desire in all things so to demean myself, as to give no just offence to th● Jew nor gentle, nor to the Church of Christ, to those that are within, nor to those that are without; but there are scandals taken which are not given; if any take offence without cause, the scandal will lye at their own homes and not at ours. I meet with four sorts of men offended at enclosure, whom I entreat not to be angry if by vindication of ourselves, I set the saddle on the right horse, and lay the bastard of scandal at the door of the right owners. 1. The first and most that are offended at enclosure, are the ruder sort of people; which to speak truly, have most reason: Why? Vivitur ex rapto: they live upon rapine and spoil of others, and seldom keep their cattle within their own bounds, but daily make a prey upon their neighbours corn and grass: stolen waters are sweet to these pretended upright men, whose consciences cannot bear the burden of enclosure, yet make no conscience when they can do it without discovery to overstore their Commons, and plow up their neighbours Land, &c. There is a profane and leveling spirit now abroad in the world that cry out against government, and speak evil of dignities; What would they have! forsooth liberty of conscience: form what? from Magistracy and Ministry; to what? to live as the list and sin cum privilegio; the golden reins of discipline please not, this yoke they cannot bear, but cast off this, and then they may swear, and lye, and rob, and rifle, and swill, and swagger, riot and revel in a shorelesse excess, and set sin on horseback to ride in triumph without control whither it listeth. True, liberty of conscience a precious jewel, but this a liberty from sin, not a liberty to sin. The very same spirit of disorder in the very same persons, and upon the same grounds doth decry enclosure, because it would put a bridle upon their licentious lusts: if such as these are offended at our enclosure, is it a thing of evil report in us to prevent their disorders, and enormous sins? 2. A second sort of men that are offended at our enclosure, are some self-ended Graziers, which have much in their mouths that woe pronounced by the Prophet Isaiah against such as lay land to land; which I must needs retort upon themselves, because they make nothing of taking Lands over poor mens heads, and are never contented till they have got into their hands as much Land as would maintain ten Families, yet they exclaim against enclosure, why? Because a general enclosure and division between the arable and pasture Land, would spoil their trad●s, in that husbandmen would keep as good cattle as themselves, so that they could not monopolise all the fat Beef and Mutton to themselves, as now they do: I hope it is not of evil report to cross the avarice and frustrate the expectation of such self-ended and self-condemned persons, who live upon enclosure themselves, and yet would have none enclose but themselves. 4. A fourth sort offended are some truly godly, and you will say, Dare you offend them? Answ. For my own part, I had rather not only that Catthorp should never be enclosed, but that my Land there had never been enjoyed by me, then that I should justly offend the least of Gods little ones, but I am very sorry that these should take offence where none is given: what should I do in this case? the godly are divided in judgement about this point, some for it, others against it, I must necessary offend one party. Which should I choose? 1. Those that are for it, might justly have challenged me, if I had denied my consent to that which( my conscience bearing me witness that I lie not) I am fully persuaded is not only lawful but necessary at leas● ad been esse, to the well being of the Common-wealth; hereby I should have hindered others, and such as I hope are godly, from the lawful improvement of their own estate, of which I could render no reason, but that I would not offend those godly, which are of a different persuasion from them and myself also; would not my refusal, rebus sic stantibus, have given more just cause of offence to them, then my consent hath given to others? Let moderate men judge. 2. What is it that offendeth the brethren of another judgement? 1. Is it our exchange of lands with each other? that hath been done many times in common fields, and no such offence taken at it by the persons now offended. 2. Is it a making a hedge about our Lands? this also ordinary in the common fields: if it be lawful to make a hedge between the bounds of Town and Town, why not also between the limits of neighbour and neighbour? 3. I suppose they take offence, because they fear depopulation, oppression, &c. Answ. They fear, but prove it not, I have already proved the contrary: whether their groundless fear and unjust clamours, or our regular actions are most justly offensive, let moderate men judge between us and them. 4. Are not many places in England, Essex, Hereford, Devonshire, Shropshire, Worcester, wholly enclosed, and yet no such effects follow? Are any of the godly in those parts offended at it? why then are any offended at Leicestershire? is the same action lawful in one place, and yet sinful in another? by what law? sure I am, those that writ most vehemently against enclosure, have granted these enclosures lawful, as Mr. Hallhead in his Book entitled, enclosure thrown open, in answering this objection concerning other parts of England, hath these words. I would not be mistaken, I mean only depopulating enclosure, &c. Yea the most strenuous opposers of enclosure in general, and our enclosure in particular, have acknowledged, that if all places were enclosed, no such effects would follow: if it be lawful to enclose all, then by an argument, a majore ad minus, from the greater to the less, it's lawful to enclose some: Would they not be offended, if all Leicestershire and the Counties adjacent were enclosed: why then are they offended at the enclosure of our small village of Catthorp? 5. I am informed by such as have traveled into other Nations, that there is no Land that lieth in that confused manner, by small parcels, roods and half acres, as it doth in our parts of England, even in Ireland and Scotland, every man hath his Land lying together: are these parts of England wiser then all the Christian world besides? are they all in the dark? do they live in daily sin? or rather do not we need a reformation by a regulated enclosure? 6. The Lands of the Israelites and other Lands mentioned in holy Writ, were not divided into small parcels as are our common fields, Gen. 23.9. The field which Abraham bought of Ephron the Hittite, did belong to Ephron alone, we red of no fellow Commoners that joined in the sale of it: It cost Abraham four hundred shekels of silver, vers. 16. how much a shekel was the learned agree not: Junius saith the Hebrew Shekels was two shilling, four pence, others five groats: the difference may arise from the difference between the common shekel, and the Shekel of the Sanctuary: the common shekel some say was but half so much: the most probable opinion is, that a Shekel did weigh half an ounce of silver, which in our money is two shillings six pence; Willet on Exod. 30.13. Doctor Willet is of this persuasion; his ground he hath from Arias Montanus, who relates that one Rabbi Moses traveling from Spain to Palestina, saw a piece of silver with this inscription, SHEKEL ISRAEL, and the pot of Manna on the one side, and holy Jerusalem with the Rod of Aaron blossoming on the other side, in the ancient Samaritan character,( which without doubt was the true Hebrew character, that now used being the Chaldee, which the Israelites first used after their return from Babylon, to distinguish themselves from Samaritans). This the said Rabbi weighed, and it came to half an ounce: he saw also a lesser piece with the same Characters, supposed to be the half shekel mentioned in Scripture: Beza also had a piece of the same coin, which was given him by his friend Ambrosius Blanzerus, the express image whereof, he doth graphically delineate, mayor. Annot. Mat. 17.24. Now four hundred shekels at this rate, would amount to fifty pound of our English money; or if the common shekel was but half so much, yet it was a very large sum in Abrahams daies, and therefore probable it was a very large field: yea this field was enclosed too, vers. 17. He bought also the trees in the borders rouud about. And so also it was in Egypt, every man had his field peculiar, Gen. 47.20. in the time of famine, every man sold his field to Pharaoh for bread, the Land then lay not in little parcels but in large fields. When the Israelites were settled in the promised Land, every man had his own field, Exod. 22.5. if any mans beast did hurt anothers field, he was to make restituti●n out of the best of his own field. So the Israelites were prohibit●d to covet their neighbours field, Deut. 5.21. Again it was a custom for some in Israel to dedicate their fields to God for pious uses, Levit. 17.18, 19. Surely they did not dedicate that which was not their own. Achsah Othniels wife, Calebs daughter, did beg of her Father a field, Joshua 15.18. which shee would not have done, if it had not been Calebs own to give: he had no fellow commoners to obstruct his bounty. Ruth gleaned in the field of Boaz, Ruth 2.3. Her hap was to light on a part of the field belonging to Boaz, not as some affirm, that Boaz had only a part of the field, or that part only on which she gleaned, but that she gleaned on a part of that field which did wholly belong to Boaz: no interpreters or translators, judge that part of the field only to belong to Boaz. Junius and Trem. render it, accidit ea casu possessio agri pertinentis ad Boazum. The possession of the field belonging to Boaz, happened to her by chance, the vulgar translation attributed to jerome: accidit ut ille ager dominum habebat nomine Boaz. It happened that that field had one called Boaz for its owner: I confess this is rather an Interpretation then a translation, the Hebrew verbatim being translated, Et accidit casus ejus portio agri ad Boazum: Her chance happened to be part of the field belonging to Boaz: but all agree, and none deny that the whole field was his, hence vers. 22. Naom chargeth Ruth that the maidens of Boaz see her not in any other field, not any other part of the field. The same Boaz when he married Ruth, bought the field of Naomi, Ruth 4.5. When the Philistines sent back the Ark of the Lord, the cart was brought into the field of Josua the Bethshemite; the other inhabitants of Bethshemesh had its like other fields, but this field belong to Joshua only, 1 Sam. 6.14, 18. Again, Absalon caused his servants to set on fire Joabs field of corn, 2 Sam. 14.30, 31. And Jeremiah bought the field of Hanameel his uncles son, Jer. 32.9. By all which it plainly appears that these fields lay not in common; but every particular field had its peculiar propriator or owner. When the Scripture mentioneth Land belonging to Towns, it speaks in the plural number, as Lachish and the fields thereof, Neh. 11.30. but when any particular mans field, in the singular, Josuas field, Joabs field, &c. And it's probable that some of these fields were enclosed, hence the Kings workmen are said to dwell among plants and hedges, 1 Chron. 4.23. Now if this be so, do we give just offence to our brethren by laying our Land after the platform of the Lands of Gods own people, which were so divided by Gods own appointment? or do not rather our brethren take offence when none on our part is given? Lastly, I have heard that our Lands in England were never divided into such small parcels till the daies of K. William the Conqueror, who fearing the people did disaffect him, out of State policy commanded the Lands to be so divided, that the people being busied about division of their Lands, might have no leisure to disturb his Government: if this be so, it's no just offence to restore our Lands to their pristine order. Thus having I hope fully proved what I at first promised, viz. that our enclosure of Catthorp is both lawful and laudable, I conclude with this serious profession, that if any in the spirit of love and meekness, by soft words and sound reasons, shall evince our enclosure to be sinful, I shall as publicly aclowledge it as I have openly defended our action. Obstinacy in any thing I judge Idolatry, the covetous man makes his mammon' his god, and the haeretick his opinion, in that Narcissus like he is in love with his own shadow, and the chimaera of his own brain: for my part it's my desire, herbam dare veritati,( when ever error appeareth to be an error) to sit down conquered, and give truth the victory: this I best relish in others, and by Gods grace will endeavour to practise myself. It can be no disgrace to be overcome by truth, it's no part of levity nor inconstancy, to change falsehood for truth, and upon fight of error to change both opinion and practise: and with holy Augustine ingenuously retract what hath been said or done amiss, so God shall have the glory, and our souls the comfort. But on the other hand, if any shall persevere in their groundless reproaches of us: magna& susquipedalia verba susque deque habeo. Lofty long footed words, or to use the Apostles expression, judas 16. Great swelling words of vanity, which have no more weight than a feather, I care not much for. These may hurt themselves but cannot hurt me, who am resolved to answer all such opprobrious language, as once Tacitus did answer railing Metullus. Tu didicisti male dicere, Ego didici maledicta contemnere: thou hast learned to revile, I have learned to slight thy revilings. FINIS.