Inclosure thrown open: or, Depopulation depopulated. Not by spades and mattocks; but, by the word of God, the laws of the land, and solid arguments. And the most material pleas that can be brought for it, considered and answered. / By Henry Halhead.

Inclosure thrown open: or, Depopulation depopulated. Not by spades and mattocks; but, by the word of God, the laws of the land, and solid arguments. And the most material pleas that can be brought for it, considered and answered. / By Henry Halhead.

Table of contents

Title page

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INCLOSURE thrown open: OR, DEPOPULATION depopulated.

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INCLOSURE thrown open: OR, DEPOPULATION depopulated.

ECCLES. 4.1.

So I returned, and considered all the Oppressions that are done under the sun; and behold, the tears of such as were oppressed, and they had no comforter. And on the side of their oppressors there was power; but they had no comforter.

Chap. 5. vers. 8.

If thou seest the oppression of the poor, and violent perverting of Judgement and Justice in a Province, marvel not at the matter: for he that is higher then the highest, regardeth; and there be higher then they.

THe consideration of these and many more Scriptures, hath put me upon consideration what might be the Causes of that Displeasure of God (for it hath been a mixt Dispensation) that hath appeared against this Nation in his late Administration. And finding▪ in the reading of the holy Scriptures, by the Threats and Woes denounced by all the Prophets, that, amongst other things, Violence and Cruelty, of any sort, hath been a most provoking sin, much cried out of: And observing, in the late Experience, the Woes denounced against such sin to have been fulfilled in part, in these our [Page] Times; I thought it my duty to hold forth my Observation, that so, in this time of Reformation, there might be some lawful Remedy found out, for the amendment of the provoking Evils, before Desolation come upon us, as it came upon the old world. The end of all flesh is come before me, Gen. 6.13. saith the Lord: for the earth is filled with Violence.

In the beginning of the world, Almighty God, after the rest of the Creatures, made Man, appointing him Lord over them all, and giving him Dominion, that he should subdue the earth, and rule over the Creatures. Yet so it is come to pass, through the Lust of Man, even the Covetousness and Self-seeking of many, regarding their own profit more then the glory of God, that the course of things is altered from their first Order; where through, the Brute creatures are now, in some sence, become Subduers of Mankinde; to the great dishonour of God and his Institution, as well as to the hurt and prejudice of Mankinde in general, and of Societies and Commonwealths in particular; yea, to the utter subversion of the same, without some speedy course be taken for redress thereof: which, how it should be done, is almost beyond the apprehension of man to conceive; those which should be the Reformers of such Disorders and horrible Abuses in a State, being, for the most part, the greatest Offenders, or their fathers being so before them: which causeth much sighing and crying out by the poor, in the bitterness of their spirits, to that God who will no doubt hear their cries. Now for the oppression ef the poor, and the sighing of the needy, will I arise, saith the Lord.

If it were my purpose to reckon up all those sins, that, according to the declaration that God hath made of himself in his Word, might justly be suspected to procure the wrath of God against this Nation, I might not forget, nay I should remember in the first place, that Violence and Cruelty that was practised against the Saints and Servants of God; not onely in the Marian days, but in our days, by the Bishops, for Non-conformity; silencing and ejecting many faithful and able Ministers, to the utter undoing of them, their wives and children, for things that the Persecutors themselves then called Indifferent, and are now cast out as Superstitions. Yea, which addes to the Cruelty, not onely were they cast out of the Ministery, but means used to deprive them of Life and Livelihood; a Proclamation being sent forth, That such deprived Ministers should not be suffered [Page] either to keep Lecture or School, or be of any Trade; nor should it be lawful for any man to entertaine them in his House, or allow them any Maintenance. O horrible and bloody cruelty! And yet exercised against Persons that their very Persecutors durst not but at other times say, were Honest Godly men. Indeed, they were painful and zealous Witnesses of the Truth in their time, content with meane things, not seeking Augmentations, or power to Lord it over their Brethren, as some of late dayes have done, that have come in their places. These did good, and received evil; being termed Factious, Troublers of the Land, Enemies of the State: when as, like sheepe, they suffered loss and spoile patiently; Some being imprisoned, and dying there, others constrained to flee out of the Land. They were scoffed, reproached, scorned of the World; slighted, and insulted over by those Ministers that came in their places. Thus they did of old, they mocked the Messengers of the Lord, misused his Prophets, until the wrath of the Lord brake forth against them, and there was no remedy. And for this hath the Lord taken vengeance on the Prelacie; and let those Ministers look to it, that were content to see this cruelty exercised against their Brethren, and to come into their places.

And let it be of warning to us all, to take heed of the like Spirit and Practices against the people of God, under a new Name and Pretence. If the Edomites, for their violence against Jacob, were destroyed for ever; What will become of these now-a-dayes, that seek to root out and destroy any of the people of God, under the Notion of Sectaries, and Disturbers of the State; though they have many of them adventured their lives to do them good!

But my intent is not to be large in this: Onely I could not but hint the wrong that was done to the silenced Ministers. The maine Evill which I am to decry, and which remaines yet unremedied, after all that hath been done towards Reformation, is, DEPOPULATION; which, it cannot be denied, is a most cruel and bloody sin. O that men would consider of it, and lay it to heart! Many are the Woes, in Scripture, that are denounced against it. All the Prophets cry out of it, as a sin that brings Desolation. Our own Experience seals to it. How many great Families are come to nought! Although they have had (many times) much more then their Fathers had, yet some secret hand of God hath followed them, that [Page] they have been brought even to misery and want: whereof no man could give any other Reason. Yet notwithstanding, men will not be warned, but are as eager upon that cruel bloudy sin as ever. Wherefore, I am induced to declare my experience: Yea, I am enforced (by the manifold cryes I hear daily, and the distresses of thousands destitute of Livelihood through this, and seeing unavoidable misery coming upon this Nation thereby) to put Pen to Paper in this kinde; hoping in God, that some or other, of the Godly learned, that are better seen▪ not onely into the Scriptures, but into the Laws of the Land against Depopulation, (for we are not without such Provisions) and that are of more large and copious Observation and Experience, may be stirred up to set themselves to lay open the Evil and Abominableness of this sin, and the mischeivous Consequences thereof.

And therefore, as in a Publike Danger, (for example, if a Towne were on fire) no man will blame the poorest and meanest creature, that, spying the fire breake out, shall cry, Fire, Fire, because every mans interest is concerned in such a publike danger; Upon the same account, I beseech you, whosoever shall peruse these, blame not me (the unworthiest of all) that I cry out of Depopulation; having seen and felt the danger of it. And truly, in my apprehension, and by all that I am able to discerne, it is a desolating sin.

And whereas it is said in the Text, They had no Comforter; Here is the sad Condition, and Complaint of the People of this Land, that, notwithstanding the Pressures and Burthens they have a long time groaned under, by Depopulation, Wracking of Rents, Cruel Usury, and other the like Courses; yet hath there no way or meanes appeared to them, from whence they could yet have, or indeed hope for redress. Complaine to the Judges, they could not help them: Complaine to Parliaments; O that it might not be said, that they, or their Fathers, have been deep in this transgression! and that they, aswell as others, have inclosed Common-fields, or do keep them inclosed, that were once for the Common use; and Wrack up their Rents, whereby poore people are constrained to work in the very fire, for the maintenance of them that do live Deliciously, if not very Vitiously, as too many of the Gentry have done.

But since it hath pleased God, by his mighty hand and outstretched [Page] arme, to create for us an opportunity for Reformation, (which hath not been gained without much bloud, and very many difficulties) and to turne the faces at least (we hope, the hearts) of the whole Nation towards the same; I beseech you all, our Representatives in Parliament, as you tender the glory of God, and the flourishing of this Common-wealth, that you deny your own Interest, wherein it tends to the Ruine of a Country or Nation; and that ye all joyne Heart and Hand together, for the recovering of this almost-ruined Land out of this weake estate whereinto it is fallen, by Depopulation: that so ye repairing the old waste places, and raising up the Foundations of many Generations, may justly be called, The Repairers of the Breach, Restorers of paths to dwell in. Oh! how would this engage the hearts of the people unto you!

I know some will say, they did not Depopulate or inclose but they bought it so, or it was so left them by their Fathers, and the Poore were provided for when it was first inclosed and turned to pasture. I, but where are they and their breed? Are they not constrained to flee into other Towns, to the great annoyance and charge of the places whither they were driven? Where, I say, are those good House-keepers that brought store of Corne to the Market? and where are the Horse, Beasts, and Sheep that were bred there, besides Men, Women, and Children that dwelt there?

These things would be enlarged, by the experiences of ancient men, that know more of this then I can utter.

And this may be one Reason why Free-Quarter of Souldiers is so exceeding burthensome, because many houses of Husbandry are decayed, and the Lands layd down to Sheep-pasture▪ whereby it comes to pass that the charge lies but upon a few. But of the Reasons and Arguments against Depopulation, in their place.

And to reduce what I have to say to some Method, I shall,

First, Endeavour to convict this sin, by the Lawes of God, and of the Land where we live, to be a forbidden, an accursed thing.

Secondly, I shall endeavour to lay open the Mystery, and the way of it.

Thirdly, I shall offer such Arguments as I have ready against it.

Fourthly, I shall answer what Objections I have met withall in the behalfe of it.

The first Scripture-evidence I shall produce against it, is, Isa. 5.8. [Page] Woe unto them that joyne house to house, and that lay field to field, till there be no place left, that they may dwell alone in the midst of the Earth. In mine eares said the Lord of hosts, Of a truth many houses shall be desolate, even great and faire without inhabitant.

The place is plaine and pregnant; I shall forbear to gloss upon it: Onely at the Event, we may give glory to God, and be his Witnesses, that what he hath spoken with his mouth, he hath fulfilled with his hand. As, might I call all the Ancient men to witness, they were able to say, Where ever they knew any that did throw down Townships and houses of Husbandrie, to set up faire houses for themselves and theirs, and either They, or their Children, came not to poverty and want?

See, in the next place, Mich. 2.1. A Woe denounced against them that devise iniquity, and worke evil upon their beds, and when the morning is light they practise it, because it is in the power of their hands. And what is the evil? Why, (vers. 2.) They covet fields, and take them by violence; and houses, and take them away: so they oppress a man and his house, even a man and his heritage. Therefore behold, vers. 3, the Lord comes in with his device: Thus saith the Lord, Behold, against this Family do I devise an evil, from which you shall not remove your neckes, neither shall you goe haughtily; for this time is evil. In that day, they shall take up a parable against you, and lament with a doleful lamentation, (and truely so they do now-a-dayes) and say, We are utterly spoiled: for they have taken our fields. Now follows their judgement: Therefore thou shalt have none that shall cast a cord by lot in the Congregation of the Lord. For the meaning whereof, whether it be, that for their Cruelty and Oppression they were to be cut off from the Assemblies of the godly in that time, or that in time of dividing their Inheritances they were to have no lot among their Brethren, or both these, I commend you to the godly learned to examine.

Habakkuk likewise denounceth against this wickedness, Hab. 2.9 10, 11. Woe to him that coveteth an evil covetousness to his house, that he may set his nest on high, that he may be delivered from the power of evil. Thou hast cosulted shame to thy self by cutting off many people, and hast sinned against thy soule. For [Page]the stone shall cry out of the wall, and the beame out of the timber shall answer it.

How many of these houses have there been of late years, that were built by blood and cruelty, by Wracking of Rents, and overthrowing whole Townships and houses of Husbandry!

Thus we may see, by some few instances, the Lawes of God are against this sin of Depopulation. Neither are the Lawes of the Land for it.

First, in the fourth yeer of Henry the seventh, Chap. 19.

Item, The King our Soveraign Lord having a singular Pleasure, above all things, to avoid such Enormities and Mischiefs as be hurtful and prejudicial to the Common-weal of this His Land, and His Subjects of the same, Remembreth, that, amongst all other things, great Inconveniences daily do increase, by Desolation, and pulling down and wilful waste of Houses and Towns within this Realm, and laying to Pasture Lands which Customably have béen used in Tilth; whereby Idleness, which is the ground and beginning of all Mischiefs, daily doth increase. For, where in some Towns two hundred persons were occupied, and lived in their lawful Labours, now bin there occupied two or thrée Herds-men, and the residue fall into Idleness. Thereby, Husbandry, which is one of the greatest Commodities of this Realm, is greatly decayed, Churches destroyed, the Service of God withdrawn, the Patrons and Curates wronged, the defence of this Land against our Enemies much féebled and impaired; to the great displeasure of God, to the subversion of the Policie and good Rules of this Land, if Remedy be not provided.

Wherefore the King our Soveraign Lord, by the Advice of the Lords Spiritual and Temporal, and the Commons in the said Parliament assembled, and by the Authority of the same, Have Ordained, Enacted, and Established, that no person, of what Estate, Degrée, or Condition soever he be, that hath any House or Houses, that at any time within thrée yéers past, hath béen, or now is, or hereafter shall be letten to Farm, with twenty Acres at least, or more, lying in Tillage and Husbandry, That the Owner or Owners of every such House, or Houses and Land, to kéep, sustain, and maintain Houses and Buildings[Page]upon the said Ground or Land, convenient and necessary, for maintaining and upholding of the said Tillage and Husbandry.

So also in the Statute made anno 39 of Queen Elizabeth, intituled, An Act for the maintenance of Husbandry and Tillage, is the like provision made against Depopulation by Inclosure, wherein also is to be found a Recital of several Laws (always some or other in force) from the 27 of Hen. 8, until the 35 of Her Majesties Reign, ordaining and requiring the Conversion and Continuance of a certain quantity and proportion of land for Tillage unalterably.

Yet notwithstanding this good and wholesome provision of the Laws against this Evil, it hath by notable sleights insinuated and upheld it self. And it may not be useless, but afford some content and satisfaction, to lay open the manner how These kinde of Oppressors do work this their unnatural work, to displant Men, and place Sheep in their rooms; that so it may appear in its odiousness to all that shall consider the same; and that men may be aware of the beginnings of their Plots, and wicked Devices upon their beds.

1. They will claim to be chief Lords of the Town which they mean to depopulate.

2. They will alter the customs of the sides of the fields, and hain that that was not wont to be hained, and alter ancient known Ways in the field.

3. They will go about to make new Field-Orders, overthrowing the old Field-Orders or Customs.

4. They labour by fair means, with the common people, to obtain their consent for Inclosure; telling them, that for some little charge, their Living will be made three times as good as they are, for profit.

5. They will say, Inclosure is a goodly thing; it stops many Strifes and Contentions, when men may have things by themselves; it nourisheth Wood in hedges, whereof there is great need; and keeps Sheep from rotting.

6. If by fair means and perswasions they cannot prevail, then they will commence a Suit in Law, and make the poor people dance attendance in some of the Courts, for many yeers together, as I have known, of my own knowledge. And then they will offer them large money, to buy them out: and if that take not, then on goes [Page] the Suit; and a Decree is got out of Chancery, pretending stubbornness, and that men will not be ruled by any good Order.

Some also have soug [...] to pick a quarrel against men in the Law of their God, as for going from their Parish-Church, when they have no Sermon at home, or as good as none; and so vex them in the Chancellors-Court. But they are now down, and gone, blessed be God.

7. They will ditch in their own Demeasns, and so make the poor Commoners go about to their lands, to their great toil, and against their old Customs: and all this, to weary and tyre them out of their Possessions. They will also alleadge that their Demeasns is too little for their Families, and that they would enlarge it: But, in truth, their mindes are too great for their means; and so at last they set up a fair House, and overthrow many a Family.

8. Some have also laboured to entitle the King to their land, without any cause.

They will also make Coney-grees in some places, and let them increase, that they may eat up the labours of poor men, to their great hinderance and discouragement at length.

And thus, by these means, they seek to obtain their Ends.

Now, in the next place, I shall give you my reasons against this course of depopulating Inclosure; and endeavour to satisfie the Objections and Arguments that are made in behalf of it.

1. And first, it appears to be highly dishonourable to Almighty God; altering that Course and Order he appointed in Nature; who said unto man, Grow, increase and multiply, replenish the earth, and subdue it: which by these practices is prevented and obstructed; Cattel being increased in stead of Men.

2. Likewise, hereby are overthrown many Churches and Congregations of men, who, by holding up their hands to God, might pull down Blessings on a Nation, and divert Judgements therefrom.

3. And where are the Souldiers in those decayed Towns, the men that should do their Country service, and stand in the face of an Enemy coming to invade? Where are the Horses that many Countrymen bred for the Service?

But the evils that come to the Commonwealth, are more then can soon be reckoned, or easily expressed: for, in such Towns that are [Page] depopulated, the inhabitants are constrained to flee to other Towns, to their impoverishment. Neither do the Inclosers keep a house according to their estates; but many a Farmer spends as much as they. When these places were all Champion-Countries, many a shiver of Bread was given: but now, all such Liberality is laid by, and a fair house is set up, with goodly Demeasns; but no Hospitality at all.

And, that I may not let it pass, another Burden lieth upon the Commonwealth, and that is, That the High-ways, about such places, are most intolerable, and, for the most part, unpassable; especially in the Winter-time: for which, many a bitter oath is cast out against them. And if the people so depopulated, should be strictly tied to mend the Ways, and repair the Church, it would be more then their poor means will afford, their Rents are so exceedingly inhansed. And what reason can be rendered, that that Soil should not pay as much to the State as ever before, as much to the Church as before, as much to the Poor, and keep as many people as ever it did? yet if they should be compelled thereunto, they would get nothing by their Inclosure: for I dare boldly affirm, that never did any man get by depopulating Inclosure, but he saved it out of the bodies of men, or by not keeping of Cattel according to the old proportions.

2. It is a great increaser of Idleness: for, when the Plow goes forward, the Old Saying is, The Plow-man's work is never at an end. But, in such decayed Towns, they have very little to do: then they fall to a habit of Idleness, and so they turn to haunt Ale-houses, to Adultery, and other Felonies, and destroying and wasting their Bodies, Estates, and Wits.

3. It increaseth Usurers, the Vipers of the Common-wealth, to eat out the bowels of it; so that free lending is for the most part taken away. And it hardens mens hearts one against another: for, they make their little Land into a Stock, and so they get to some Market-Town, and either turn Usurers, Ale-house-keepers, or Maultsters, to the no-small hurt of the Common-wealth.

4. It fills Market-townes with Husbandmens Children; who, because they cannot take any Livings for reasonable Fines, as before-time, do thrust themselves into such Market-towns, and there use unprofitable Trades, such as this Common-wealth hath no need of; to the great hurt of those that be borne in that soile. And because there [Page] is no Law to forbid men to remove, to dwell in Market-towns, they and their posterity, being thrust out from such decayed places, and constrained to go where they can, resort thither; to the great burthen of such places.

5. And unhappy Experience shews, that Market-towns and Cities being so pestered with people which are driven thither on heaps, onely that they might live, are thereby mainly exposed to dangerous Infection, as of the Plague, and other Diseases, and also to unavoidable Poverty. And if any Service be to be done for the State's Wars, then they have recourse to those places where men are; which places do not only finde Men, but also Furniture for such men, to their great burden; the Soil wherein those men were bred, in the mean time, finding neither Men nor Money.

6. It is also the utter decay of Trading: For the Yeomen and Husbandmen, they lack all the Commodities the Tradesmen have to sell; Hats, Bands, Jurkins, Dublets, Points, Breeches, Stockings, Garters, Shooes, and all other necessaries: Iron-work for Cartwheels, and for Harrowes, and Plowes, and all other necessaries that they know full well. All which things set men on work, and maintain Tradesmen, who maintaine Londoners, and so Merchants, and so to the Highest and Best of men. But the Depopulating-Incloser overthrows all at once, and lives either in London, or in some City, or Town Corporate, and gets heapes of money, though all in vaine; they, or the most part of them having it with a witness, to their utter overthrow and ruine; for, I never saw any of them, but some remarkable hand of God followed them. Oh that it might feare men from such cruel courses!

7. Depopulating Inclosure doth not onely drive out men from such places, but it makes them poor that live there: The houses, for want of straw, do drop down; so that there is no comfortable dweling for the Poore: the richer sort are gone away, the poorer sort are cruelly handled: For, there is some Bailiff set over them, that is like to the Fuller that dresseth Northern Cloth; they do so wrack them, and straine them, that at length they break their hearts. These Bailiffs are something like to the Task-masters of Egypt, who cruelly vexed the poor Israelites: And the Landlord (being absent from them) dwelling at London, or elsewhere, little condoles their misery; so that these poor Tennants know not to whom to complain. [Page] Besides, they do raise things to so great a rate, that men know not whither to go in this Land to ease their grief unless, with their many sighs and teares, to Almighty God, who no doubt will heare their complaints. Now for the oppression of the poore, and sighing of the needy, I will up, saith the Lord, &c.

8. It doth mightily impoverish and oppress other Towns that are not Depopulate: For, they that are driven out elsewhere, do press into such towns, and erect Cottages. This, if you ask, you shall finde, that every Town is mightily increased with poor people, so as there are not houses to be taken for reasonable money, that have any Land belonging unto them. But the breed of man-kind increasing, and the great ones thrusting them thus on heapes, men are driven to live wonderful hardly; so that if the State should want Souldiers, strong and able men, there are very few to be had in such decayed Townes.

Now it followes that I should answer some of their Objections.

1. Their maine Objection is, That the benefit of Inclosure is great, and doth countervaile all that can be said against it. Where before it is said it nourisheth Idleness; They say, that many sheep are kept on such grounds so inclosed, the wool whereof doth serve to set many poor on work; and so it doth much good.

Answ. It is true, they are set on work; but what have they for their work? and how is their work able to maintaine them and theirs? and what can they lay up for their Posterity? and how many strong and able Souldiers doth such labour maintain for the States service? how hardly do they fare? how bare do they go? and much a-do to live in plentiful yeares. But if a dear yeer come, how are they pinched and starved! Or if the Clothier have not sale for his Cloth, and be constrained to sell at lowe Rates, then come they upon the Poor with Abatement, which utterly overthrows them: so that, at such a time, the Labours of the Poor will not neer maintain them. And herein, by the way, the gatherers of the Labours of the Poor are like the Task-masters, that exact more and more upon them. And when▪ did you see any, out of their mean and meer Labour, marry their Children, and provide for their Posterity, in a comfortable manner?

2 Object. It nourisheth Wood, which the Country hath great need of.

[Page] Answ. To the which I answer, That first of all, for the most part, they destroy all the great Elms and Oaks about such Towns. It is true, they plant Hedge-wood, which, in the age of a Man comes to have some bigness to be sold; but by that time their Mounds be served, and Hedges fenced, there comes little to a Common use, but most goes for Repairs: and before they come to defend themselves, they take up much wood to preserve them; so that the Commonwealth hath no benefit hereby.

3. Object. It keeps Sheep from rotting: and they are better kept in Pasture-grounds, then they were wont to be in Common-fields, and yeeld more profit.

Answ. To the first, I answer, They may as well, by digging and trenching, be preserved in Common-fields, as in Pasture-grounds, if men would be orderly; which they should be tied unto by Law, rather then by their Janglings destroy Houses and Towns, and subvert a Kingdom and Nation.

The second part of the third Objection, is, They are better kept, and yeeld more profit.

I confess that is true, they are better kept; for they keep fewer then in Common-fields they do: But if they kept as many Cattel as were kept before such Depopulations, the Grounds would not bear it. It is observed by many, (which I confess I cannot shew the reason of) that a Lordship inclosed will keep nothing neer so many, no, not by the half, (being, I say, inclosed and depopulated) either Horse, Beasts, and Sheep, or Men, Women, and Children, as it was wont to do, before such Inclosure and Depopulation; besides all the Corn they brought to the Markets. So that it is to me manifest, that there is some secret hand of God in it, whereby he shews his dislike of such Depopulation. Many a father hath lived comfortably and well with the tenth part of what the son hath had; yet the son could not live of it. If you mark it, they keep no Houses, many of them; but run in debt, and, many times, are not able to pay. Yet there is no man that taketh warning by these Examples, neither will they see the high hand of God upon them.

4 Object. But you see Corn as cheap, many times, since such depopulating Inclosure, as it hath been before-time; and what need is there then of so many Open fields?

Answ. To which I answer: God hath sometimes blessed the [Page] earth with abundance, to shew, that he can make a little, by his blessing, to be an abundant store, and so to be cheap: but no thank to such Depopulators.

But will you know a further Reason? It is, because much Land is laid down from a Common use, and Men are much diminished in such depopulated places, and Cattel are much abated, and become fewer then have been in former times. For, if there were Men to spend it, and Cattel, Swine, and Pullen proportionable to former times, much Corn would be spent that way, which is now saved. Much Corn would be for Seed, which now is not used. Horses might be better kept, which should be for Service: and Store would be preserved, against a time of Dearth. Mankinde, the best of all the Creatures, would be nourished and bred up stronger, and able to do more service to God and their Country, and have in their hand to lay up for their Posterity. But, if you do but take notice of it, you shall see those House-keepers that of old used to buy a Strike of Corn, do now buy a Loaf or two of Bread. People are not kept in heart; they are famished in many places, and are so pinched with Poverty, that it would grive the heart of man to see: neither have they any thing about them, but live poor and meanly. And as for works of Mercy, and for the maintenance of the Worship of God, they have not any thing to contribute; no, not to pay for the education of their children. So then, the laying down of Land, is the diminishing of Men and Cattel; and that is the cause of cheapness of Corn in plentiful times.

5 Object. I, but such Inclosers will plow up their Pasture-grounds when Corn is dear, and so bring in Plenty. When the Land hath gotten strength, they will take out that strength; and so the Incloser doth good.

Answ. The Answer to which, is: There lieth a great Mystery; but I will tell you mine opinion, That the Corn so increased, turneth to no good to the Common-wealth. First, when the Land is laid down, it is a good space of time before it turn to be a good Sward; which is a hurt to the Common-wealth. Then they will break it up: But observe, they will keep no constant houses of Husbandry therewith; but take the heart out of the Land, and lay it down again: So that the time before it gather heart, and the time after it is laid down, it is no way so profitable for a Common good. But the Yeoman [Page] or Husbandman that keepeth a constant Family upon his Land, doth till it; and when it groweth out of heart, doth fetch it in again: and it never lieth still, but one yeer in four, for the better husbandry of it; which fourth yeer will (by Gods blessing) bring a double increase. Then again, the Gentleman sells his Corn at dear rates, dearer then the Husbandman: for he can give some time with his Corn; and so wrap in the poor Husbandman, that in haste he cannot get out. The poor man selleth for his need, to buy necessaries; and, most commonly, selleth six pence in a Strike cheaper then the Gentleman doth. So that when the Yeoman should make his profit at Seed-time, he cannot sell his Corn; the Country is supplied with one that keeps no constant Husbandry.

6 Object. The sixth Objection is, That Ditches do preserve Corn from spoiling by passengers that travel upon the way: and therefore it is good.

Answ. Then might they ditch from the Way onely, and not divide it into smaller parcels; and ditch also in such places where there are stones to make good such High-ways, and not in deep Clay-Countries, where to inclose, is to bring High-ways to such a dangerous passage, that no man can passe, without danger both of horse and man (at least, to the great annoyance of both) many having perished of late yeers thereby. And besides all this, the former exchanging of Lands before shewed, shews mens intent. Thus have I endeavoured to answer the most of their Objections, as I can remember.

7. I, but it will be demanded, Will you say that Inclosures in all places are unlawful? We see, that such Countries where there are such Inclosures, are the richest of all.

Let me not be mistaken: I say, and shall prove, that all Inclosures wherein is Depopulation, and thrusting out of poor men from their dwellings, or making their dwellings uncomfortable to them, wherein one fair House is set up, by the throwing down of many Housholds, is utterly unlawful, both by the Law of God, and this Land; and is one of the Crying sins of our Time. And if in any Country this be practised, it is the overthrow of that Country, as hereafter will more appear.

Now therefore I beseech you all, that are the ancient Yeomen and Husbandmen of every County, declare your experiences of the evil [Page] of Depopulation, and overthrowing of houses of Husbandry; and what you have seen, and what hath befallen those that have been actors in it, and the evils that have come of it, and the pressure and burden that hath come upon those Towns that have not been inclosed, by the means of those that have been inclosed, and turned from the Common use. Oh that in all the Counties of this Kingdom, there might be a View of all the Villages, and Towns, and Houses of Husbandry, that have been decayed within these fifty yeers, and the Desolation that hath come by that means, by laying of Lands accustomed to Tillage, and now turned into Pasture-grounds; whereby Idleness, one of the sins of Sodom, is much increased, Men women, and children, and their Progenies be diminished, and Husbandry, the greatest Commodity of the Land (for the sustenance of Man) is decayed, Churches be destroyed, the service of God is withdrawn, Cities and Market-towns be brought to great ruine and decay, Necessaries for mans use and sustenance be made scarce and dear, the people of this Common-wealth be sore minished, the power and defence thereof is enfeebled and decayed; to the high displeasure of God, and against his Laws; and to the subversion of the Common-wealth, and desolation of the same. Wherefore, and for the redress thereof, there have been good Laws made in Parliament, in former times, for the repressing of these Disorders, but never put in execution in my time; whereby this Oppression and Desolation is very usual and common. Yea, so bold are they grown, that now in Parliament-time, which we thought should have been a time of Easing of Burdens, this Monster none dares to attempt. Oh that our present Parliament might be of the number of them that build the old waste places, Isa. 58.12. and raise up the foundations of many generations; that they might be called, The Repairers of the breach, and the Restorers of places to dwell in.

Wherefore, you the Yeomen and Husbandmen of all Counties, should humbly petition to the honourable House of Parliament, (now that they intend the Reformation of things amiss) that they, amongst their great affairs of this distracted Nation, would be pleased to look upon this Horrible, Oppressing, Desolating, Crying sin, which (no doubt) amongst and above most other is one of the highest nature, and worst consequence, which God himself hath promised to devise an evil against; as more at large shall appear, God [Page] willing. And to the end it may appear in its colours, I pray you take some paines to let the State know, how many men, women, and children; horse, beast, and sheep, swine, and pullen, have been usually maintained upon such Villages, and Towns, and Houses of Husbandry now decayed: which, by proportion you may know, counting how many Plow-land there where, and how many do usually go with a Plow: That so, the number being guessed at the Parliament may see the mighty decay there hath been and is in this Land; that their hearts may be wrought upon. And you may, and ought to complain; for there is none that can better tell where the shooe pincheth, then those that weare it. And they are your mouthes in Parliament, the highest Court of Justice in the Land; who ought to seek your good, and keep you from Tyranny, and Oppression. And if by this lawful meanes you can finde no redress, do not Murmure, nor Muteny against God or them: But silently sit down, and waite upon God; who hath promised, For the oppression of the poor, and the sighing of the needy, he will arise, and set at liberty those whom the wicked have snared. For,Psal. 12.5. be you well assured, that if help come not by these lawful meanes and wayes, God will send help and deliverance another way. And then, let those Oppressours, with their houses and posterity, look to it.

If thou seest the oppression of the poor, and violent perverting of jugdment and justice in a Province, Eccle. 5.8. marvel not at the matter: for he that is higher then the highest, regardeth; and there be higher then they. Moreover, Vers. 9. the profit of the earth is for all: the King himself is served by the field that is tilled.

Yet through the extream wickedness of man, who hath perverted the course of Almighty God; the inferiour creature comes to be preferred above man; who is made after the Image of God: Which is a sin of a very high nature; all the Prophets crying out of it, and denouncing fearful woes against it. For God tenders the good of his people now, as well as ever he did before-time. He calls the house of Israel his Vineyard, Isa. 5.7. and the men of Judah his pleasant plant: he looked for judgment, but behold oppression; for righteousness, but behold a cry. Isa. 59.14, 15. And is it not so in our dayes? And as then the Lord did (by his Prophet) [Page] denounce woes against the oppression of those times, even so doth he now against all the oppressions of these times: for the righteous Lord hates and abhorres all manner of Violence, Cruelty, and Oppression, as much now, as ever he did.

Furthermore, God would have men grow, increase and multiply, replenish the earth, and subdue it: But the Oppressors of our times do what in them lieth to diminish men, women, and children, by whom God is honoured, and the Common-wealth sustained.Isa. 3.13, 14, 15. And therfore, The Lord is risen up, and standeth to plead for his people, and to judge their cause. He will enter into judgment with the ancients of the people, and the Princes thereof: for they have eaten up the Vineyard; and the spoile of the poor is in their houses. And the Lord will know what they mean, in dealing so with his people. Vers. 15, What mean ye, that ye beat my people to peeces, and grinde the faces of the poor, saith the Lord of hosts? Much like to the times wherein we live.Ier. 2.34. Also, in her skirts is found the blood of the soules of the poore Innocents: Looke to the end of the Chapter.

Lament. 4.12, 13. The kings of the earth, and all the inhabitants of the world, would not have believed that the adversary and the enemy should have entered into the gates of Jerusalem. Yet, For the sinnes of the Prophets, and the iniquities of the Priests, that have shed the blood of the just in the midst of her, it was done.

Therefore, let none of us make to our selves any vain confidences, or put our trust in any arme of flesh, or the strongest Fortifications that can be made by any of the sonnes of men: For Jerusalem was a famous City, and very strongly fortified; so that it would hardly have been believed, that that should have befallen it, that did. But we see (as aforesaid) that, for the sinnes of the Prophets, and for the iniquities of the Priests, the Lord laid it waste. And it is further shewed,Isa. 30.1, 2, &c. concerning those Rebellious children, (spoken of in the 30 Chapter of Isaiah) that strengthened themselves in the strength of Pharaoh, and trusted in the shadow of Egypt; The Lord saith, (by his Prophet) Vers. 8, Now go, write it before them in a Table, and note it in a book, that it may be for the time to come, for ever and ever, That this is a rebellious[Page]people, lying children, children that will not hear the Law of the Lord; And that their downfall will be sudden, like a swelling wall. Read also from this Chapter to the 31, 32, and 33. where it is declared in vers. the 14, who shall be surprized with feare; and those are there said to be Hypocrites:Isa. 33.14. And also who shall stand in the trying-time; which the Scripture there holds forth to be Godly men, by this Signe: He that walketh righteously, and speaketh uprightly; he that despiseth the gain of oppressions, that shaketh his hands from holding of Bribes, that stoppeth his eares from hearing of blood, and shutteth his eyes from seeing evil, It is said of him, verse the 16, He shall dwell on high; his place of defence shall be the munitions of rocks; Vers. 16. bread shall be given him, his water shall be sure.

Lay not wait, O Wicked man, against the dwelling of the Righteous; spoile not his resting place.

Remove not the old Land-mark, and enter not into the field of the fatherless: for their Redeemer is mighty; he shall plead their cause.

FINIS.

§

§

[Page]

INCLOSURE Thrown Open: OR, DEPOPULATION Depopulated. NOT By SPADES and MATTOCKS; BUT, By the WORD of GOD, the LAWS of the LAND, and Solid ARGUMENTS. And the most material PLEAS that can be brought for it, considered and answered.

By HENRY HALHEAD.

LONDON, Printed by Ja. Cottrel, for Giles Calvert, at the Black Spread-Eagle at the West-end of Paul's. 1650.

§

§

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Christian Reader,

BEing desired by the Author to make These of his against Inclosure common; I shall as publikely expose the Reason of my undertaking the same.

I have known the Author from my childhood, and have observed him (ever since I observed any thing) to be a constant and zealous Witness against Depopulation; and no Encroachment of New Times, Places, or things, could ever remove this Land-mark from off his spirit. Yea, now▪ in his old-age, his Courage and Hope against this is as fresh and green as ever. So that this is no new nor sudden Conception of his Fancie, but a setled and well-digested Principle in his Heart through a long tract of time & observation.

Nor can any Particular interest of his own (by those that know him) be suspected to set him on work; he living the best of his time in a Burrough-town, where he was a Magistrate, and exercised his Calling in the house, as a Shop-keeper; not in the field, as a Husbandman: Ʋntil Providence snatching him thence, made him Governour of the onely Island called by her name; where he continued, until the Isle of Great Britain, being about to be born again into a new and free state, might deservedly be Christned The Isle of Providence; whither he might be brought back, as we may soberly judge, for this end, partly, if not mainly, to give in his witness and testimony against Depopulation. And no sooner were his other travels ended, but the pangs of this travel came fresh upon him (though he had never been dischared of them;) and the office of delivering these his Meditations, and bringing them forth to light, he laid upon me, for the long acquaintance he had with me; charging me, under a very great and solemn adjuration, not to neglect the same. Ʋpon this score do I put my hand to this work; otherwise, I confess, it is a Question remote from my Cognizance, which I should not therefore undertake to determine. I skill onely the Equity of it; and certainly that is obvious to All men. Depopulation is odious and abominable both to God and men: Therefore, that Inclosure which is guilty of Depopulation, must needs be unlawful: Otherwise, I suppose, the Author himself is not against such Inclosure as is for the necessary accommodation of house-keeping.

[Page]The truth is, the just Bounds and Limits cannot be set by me, nor, I think, by any man; yet all men may see there is a fault among us. And when God comes to judge, (which how near that may be to us, is not perhaps considered) he will finde means in every mans Conscience to convince and reprove them, wherein they have served their Covetousness in pretence of necessary Accommodation.

Did men believe they were Stewards, and have for others sakes whatever they have more then food and raiment, I am perswaded the heat of their covetous Ambition would soon be over.

We are taught by our Saviour, to pray onely for our daily bread; and that to be given us this day, (or from day, to day.) It will not be a good Plea to say, I inclosed my ground, because, though I could maintain my charge on my revenue, yet I could not raise my family.

But were the Inclosure or Close-fistedness of mens Mindes thrown open into the largeness and bounty of a divine spirit, we should not need to regulate the Inclosure of Land. For I would not have any think it is the Form we strictly aim at but the Equity: whether in the form of Inclosure, or of Common field, let men answer the End, which is Charity.

The Law was not made for a righteous man, but for the ungodly and sinners. Those whom the Spirit of the Lord Jesus hath made free, need no Law to prescribe them: but to such as are not under that Law of the Spirit, are these things intended, and are profitable, yet not for Righteousness, as that they should think, when they have answered this Letter, they may rest therein; but it is for a witness and testimony unto them of that inward spirit and power which they are humbly to wait for to come upon them, in the exercise of this outward Rule; that so what they do, may be done in truth. And those that are above the coercion of an outward Rule of this kinde, yet will stoop to the observation of it for others sakes, as hath been the practice of Christs free-men formerly. For, to him that is resolved of the End, and principled to it, whereto there are various Ways and Methods tending and serving equally, though he be not simply in bondage to one more then another, yet it is (and must needs be) to him indifferent any of them; and that which through any advantage may be most conducing, must needs be most acceptable.

They to whom this Counsel is the savour of death unto death, let them remember, the time is coming that their gold shall rust, and their silver canker; and that rust and that canker shall eat into their hearts: for they are the last days.

Thine, in the Lord, JOSHƲA SPRIGGE.

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Title statement

Inclosure thrown open: or, Depopulation depopulated. Not by spades and mattocks; but, by the word of God, the laws of the land, and solid arguments. And the most material pleas that can be brought for it, considered and answered. / By Henry Halhead.

Halhead, Henry.

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1650

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Text Creation Partnership,

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Date

2009-03 (EEBO-TCP Phase 1).

ID [DLPS]

A86571

ID [STC]

Wing H284

ID [STC]

Thomason E619_2

ID [STC]

ESTC R206364

ID [EEBO-CITATION]

99865525

ID [PROQUEST]

99865525

ID [VID]

117770

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(EEBO-TCP ; phase 1, no. A86571)

Transcribed from: (Early English Books Online ; image set 117770)

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— Inclosure thrown open: or, Depopulation depopulated. Not by spades and mattocks; but, by the word of God, the laws of the land, and solid arguments. And the most material pleas that can be brought for it, considered and answered. / By Henry Halhead., Halhead, Henry..

Extent

[4], 19 [1] p.

Printed by Ja. Cottrel, for Giles Calvert, at the Black Spread-Eagle at the West-end of Paul's,. London :: 1650.. (Annotation on Thomason copy: "Dec. 4th.".) (Reproduction of the original in the British Library.)

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