when his lease was expyred go willingly oute of his Farme or didde hys Landlord thruste him out by force Omen Forsooth neither for he tarryed in it stil would not go out but kept possession thereof so that he that hyred the saide Farme ouer his heade complained of him to the Iudge who was his owne sonne thinking that he woulde weigh with him altogither being his father Siuqila It was very like so therefore it was maruaile that he durste stande so againste his Landlord and against him that had hyred his Farme considering the Iudge was his sonne Omen Yea you and they of your Countrey may maruaile at it wel ynoughe for perhappes some Iudges with you woulde haue fauoured their fathers cause thoughe it had not bene altogither right Siuqila That is verye like for there haue bene Iudges with vs ere nowe that haue wincked at the right and haue fauored such as had neither right nor good title in the thing they sued for and yet was neither theyr father mother sister nor brother nor any kinne at all to them Omen Then perhappes they greased them in the hands with the golden ointment whiche hathe as greate vertue to allure wicked Iudges as consanguinitie or kinred But this Farmer whose house was hyred from him did assure himselfe that the Iudges of Mauqsun are so righteous godly and fear God so much that neither loue of theyr kinred fauor of theyr friendes nor yet bribes of strangers coulde make them once tread awry besides that he knew ful wel that if the Iudge shoulde weigh with the wrong and doe contrary to equitie and iustice that then we haue suche a louing affable diligent and righteous King that if anye pore man complaine to him of wrong done to him by any whatsoeuer he were he woulde heare the matter himselfe and whether he were Lorde Ruler or Iudge that did the party wrong he should be sure to pay ful dearly for it according to the law without any hope of remission or pardon And therfore this Farmer did not feare his righteous matter at al though the Iudge was son to his enimy so that wheÌ„ the Iudges father had coÌ„playned to his son as is before said making to his son a very plain smooth matter of it as hée told the tale the Iudge then said father I much muse that the said Farmer would first consent be willing The wise saying of the Iudge that you should haue his Farme after his yeres were expyred nowe after his lease is ended to withstaÌ„d you not suffer you to enter into the same so much that rather for that he knoweth you are my deare father that I loue estéem you aboue all erthly creatures who may very well think that if I will aide help the widow fatherlesse straÌ„gers that I know not to their right that then I wil not suffer you to take any wrong Therfore it séemeth that either he is a noughtie obstinate or foolish fellow or that he was druÌ„ke when he conseÌ„ted agréed to your taking of his Farme or else it séemeth that you go about to do him wrong presuming that rather to prosecute your preteÌ„ded matter against him in hope to obtaine your desire for that I am your son that muste be Iudge of the cause but father I haue such a good opinion in you that you wil neither go about to do any man wrong neither bring any false matter before me And therfore I am perswaded that the foolish Farmer of some set purpose doth withstand resist you to whom his father then said do you think son that I would séeke mine owne shame your reproch be bolde I wil not that you may credite my matter the better loe here are thrée witnesses that were by when he conseÌ„ted agréed that I should take a lease of his Farme here is the Gentleman his landlord that will affirm the same And then the Gentleman said to the Iudge my Lord you know we haue a law that they that haue any laÌ„ds houses or grouÌ„d here in the country of Mauqsun may neither put out their tenants but for certain great vrgeÌ„t causes which I am not able to lay proue agaiÌ„st my late farmer neither may take anie fines other than the accustomed fine which is one yeres rent nor yet may enhance their rents Therfore séeing I cannot take anie in-come of anie A sâ—ttle saying neither raise or enhaÌ„ce my rents to what end should I put out my Tenant that hath paid my rent truly vsed himself honestly vnlesse he were willing consenting thereto you say very true said the Iudge that matter séemeth to be very apparaÌ„t but I maruell that he shoulde be so willing before so vnwilling now Belike said the GeÌ„tleman he was either not wel aduised wheÌ„ he did consent to it or else it may he that he thoght himself sure of some other house or Farm to be in at the time of his coÌ„sent and now caÌ„not haue the same wherby he repeÌ„ts that he so fondly agreed so thinketh by force to kéep it and to desude your good nature by one meane or other Then the Iudge said it wer a follie for him so to think for he may be sure that I am not such a foole but that I can finde out the truth that I wil not take his part in wrong to be against my father in right If he hadde bin disappointed of an other house contrarie to his expectation it had bin his best way to come to me to desire me to intreate my father to be good vnto him to suffer him to enioy his Farme still which I assure you I would haue done I thinke my father would haue done so much at my request Yea son said he I would haue done more for you than that Then saide the Iudge I wil send for the Farmer hither and sée what he can saie for himself It shal not néed said his father here is euidence inough therfore I pray you procéed according to the law â—ay father said the Iudge you shal hold me excused therin that better euidence witnes you haue the lesse hath he our lawe wil not suffer that any maÌ„ be prosecuted or condeÌ„ned but that he must haue knowlege therof to speake for himself or some other for him You shal be sure that he caÌ„ do you no wrong as long as I am Iudge And therfore I wil send for him your thrée witnesses here besides your own credite this gentlemans wil soone make an end of this matter And also I wil persuade him to yéeld possession to you by gentle meanes otherwise I wil tel him that law wil enforce him thereto with further losse whether he wil or no. Then he said to his son I pray you doe let it be as quickly dispatched as maye be And then the Iudge immediately sent an officer for him at whose coÌ„mandemeÌ„t he came by
set that their TenaÌ„ts are not wel able to liue of the same Yea if their TenaÌ„ts should by any myschaunce be vnable to paye them their Rent they wil not onely forgiuÌ„e theÌ„ the same but also wil giue theÌ„ mony to helpe them withall Siuqila There may be such Landlords with vs but if there be I feare there are not many But I pray you procéed what is your Law for such as do hire their neighbors House froÌ„ theÌ„ Omen Marke and I wil tell you Whosoeuer doth procure to take his neighbore House or Farme without his coÌ„sent his House or farme if he haue any shal be set or let to his next porest neighbor for the space of .vij. yeres if it be his own freé laÌ„d the sayd poore TenaÌ„t shal pay the ancient Rent of the same to the maintaining of the wife children of 〈…〉 went about to take his neighbore House or Ground And none vpon pain of forfeiting their House or land to the King shal 〈◊〉 him eyther House or GrouÌ„d for the space of the same vij yeres And he shal weare on his back bosome these wordes all that whyle This man went about to put his neighbour out of his House and so he shall be knowne what he is wherby euery one shall shun him that séeth him How like you this Lawe haue you such a Law with you for such as séek to put their neibors froÌ„ their Houses Siuqila We haue none suche I woulde we hadde but some would thinke that it were too strait a Lawe Omen The godlie Father doth not make the rod purposely to beate his Chylde but to cause him to shunne offences that he may not be beaten so we haue not made this Lawe to make men be punished but only to cause them not to hyre their neibors Houses that they be not punished So that this law is not strait to him that doth not offend for him that wil néedes offend it is not strait ynough I wil tel you how one was serued with vs that went about to hire his neibors House from him Mark it wel for the example is not very tedious nor the mater friuolous There was one in our countrie but it is long since that had a Farme of a Gentleman by the old Rent which was yâ—rly worth to the Farmer 〈◊〉 at least he being both couetous himself desirous to make his son gentleman as many Farmers with you I think do haue done therwithal very rich smelling perceiuing that a certain Gentleman by him being Landlord to one of his neibors was both needie greedie went with a bag of gold to him knowing that gold was a good â—â—yfe to catch such a fish saydâ— Sir I vnderstand that you are Lord of such a Farme for that I perceiue your tenaÌ„nt is not so beneficial to you as he is bound neither payth half so much Rent to you for it as it is worth I am come to you not only to offer you this purse ful of gold for a Fine but wil giue you as much more yéerly Rent as he payeth To whom the Gentleman said You profer me wel I would grant your request but for feare of the law You know herein the lawes are not onely set forth with great extremitie but also executed with great seueritie to whom the Farmer answered briefly what sirâ— are you afrayde of your own shadow he that is afraid of euerie grasse must not walk in a medow if you be not too tender harted or too spice coÌ„scienced or think you haue more than ynough this purse full of gold and the yéerlie doubling of your rent wil make you yéeld To whom the Gentleman said I could be content to grant thy desire but what a mischief shouldst thou incur to giue me such an vnreasonable Fine thou knowest for offring of this Fine if it were knowne thou shouldest forfet the fourth part of all thy goods the law therfore is so strait then how shouldest thou be handled for giuing and I for taking of it if it be knowne Tuâ— sayd the Farmer if you kéep your own couÌ„sel I wil kéep mine Suppose said the Gentleman that we kéep our owne counsels for the Fine yet the enhancing of the Rent could not be hid Yes I could find a meane for that said the Farmer our Lease shuld haue expressed in it but only the olde Rent I would promise you by my faith that I would pay you euerie Rent-day during my Lease as much Rent morâ— as is set downe in the Lease I might happly be deceyued said the Gentleman if I shuld trust to that for you that wil not stick to break Gods coÌ„mandement in taking al your neibors liuing A thing very likelie wil not let to break your own promise in dâ—â—â—â—â—ding me of the one halfe of my Rent whych is not the tenth part of my liuing but if thou wilt do thus said the Gentleman that is make me a Bill of det that thou owest me thus much money as the one halfe of the Rent coÌ„meth to during the time of the Lease and wilt therin graunt payment to me at such dayes as the rent is to be payde of so muche money as the seuerall 〈◊〉 of the Rents of the Farme amoâ—â—teth to theÌ„ thoâ— shalt 〈◊〉 what I wil say vnto thée Yes that I wil saide the Farmer Yea but marke saide the Gentleman there is one mischiefe behinde whiche will hardely be salued What is that said the Farmer Marrie that is this said the geÌ„tlemaÌ„ though the Fine be kept neuer so close and the rackt Rent hid neuer so priâ—â—lye yet the hiring of thy neighbours house or farme from him must needes be knowen for I am sure the Tenaunt wil not kepe 〈◊〉 Counsel Sir said the Farmer you may be holde of that but I knowe a salue will heale that sore wel 〈◊〉 If you caÌ„ do so saide the gentleman then the matter wil be soone at 〈…〉 Then 〈…〉 Fâ—rmer I can haue two or thrée trustie fellowes for a little moâ—â—y that shall witnesse if néede be that I hadde â—his confente in the taking of this farme of you and that he did take money of me that I might enter into his farme with his good will after the ende of his 〈…〉 were best to take héede said the gentlemaÌ„ least your witnesses deceiue you Nay said he I am sure of theÌ„ they wil cleaue to me like 〈◊〉 for money well it is good to be circumsâ—â—â—â— saide the gentleman for the Iudge is so godly so wise that he will smell out a false knaue and a false matter quickly Yea but said the Farmer that Iudge is dead that you meane of we haue and ther 〈◊〉 Iudge 〈◊〉 in his 〈◊〉 that is neither 〈…〉 as heâ— and moreouer he is so nie me that he wil not take parte againste me for he is my owne Sonne so that if néede shoulde stande he would leane a little on my
on suche a number of cattell on a greate deale of ground but a smal deale of grasse that what with their hungrie eating and theyr greate trampling your Commons is consumed in a moneth the thirde parte whereof inclosed would haue serued well a quarter of a yere And whereas the one halfe of your Arrable ground and Medowes are common euerye yeare for euerie mans cattel to go and féede on if the same be inclosed and seuerall to your selues your Medows wil beare you Hay euery yeare and you may sowe your Arrable land euery yere or as ofte as you liste according to the goodnesse of youre grounde so that by this inclosure you shal haue yerely a maruellous commoditie and profite more than euer you had before Wherefore if you will be ruled by vs as you may well credite vs Fewe suche Landlordes for we feare God so muche that we hadde rather hurt our selues than hinder you wée that are Lords of your soile and Ground wil be content to set men on work to inclose al your Commons and Groūd in such parcels as we thinke méete and we of our owne costes and charges wil pay for the inclosing thereof partly for that we woulde haue you to prosper and thriue on oure Ground and partely for that many of you haue not money to lay out and if we be too muche burthened thereby you may if you shall thinke good hereafter of your owne good will as you are able not that we can claime it of duetie something ease vs. And if when it is inclosed you mislike our dealings therein or that we haue not done vnto you as we woulde in the like case you shoulde doe vnto vs throwe downe the ditches then a Gods name and kéepe it in common as you did before And when they had made an ende of their saying their Tenants hearing them speake so reasonably offering thē such curtesie said al with one voyce O worthy Gentlemen and our most louing Landlords do whatsoeuer séemeth good vnto you if you lack Ground or any thing that we haue take what you will and leaue vs what you list for we are sure you meane vs no harme but pretend our profite Siuqila What did the Gentlemen and their Landlordes then I pray you Omen What did they say you as thoughe they woulde breake their promise Though you thinke that many wyth you promise much and performe little there are none with vs but that wil promise little and performe muche And therfore you néede not doubt but they did as they said for when the time of the yere did serue they sette a number of pore men on worke whiche did not onely ditche it in suche conuenient parcels pastures closes as they did appoint but also they did set the same with quicke-sets and so they paide them their hyre out of their owne purses Siuqila The quicke setting of it might haue bene spared vntil they had séene that their Tenauntes woulde haue liked well of their doings or distributing the Ground or not Omen No they neuer doubted their misliking of it for they were sure that their Tenauntes were so reasonable so tractable and of suche contented mindes that they woulde not throwe it downe againe but accept their doings moste thankfully and louingly Siuqila So they might wel ynough yet I beléeue there are some with vs Note here so vnreasonable so insensible so intractable so incredible so wilfull so mistrustfull preferring will before witte and custome before reason and regarding theyr confused Commons that bring pouerty and paine more than necessarie inclosure that bringeth profite and ease that if wisemen shoulde offer them so or their Landlords shoulde proffer them so that woulde not take it thankefully but refuse it obstinately What distribution was made thereof among the Tenauntes when the same was inclosed Omen Such as I am sure you wil not mislike The diuision of that inclosed was on this sort euery one according to the proportion and stint of the cattell allowed him to kéepe on the Common whiche stinte was suche as that Commons shoulde not be ouercharged had so muche inclosed ground allotted and appointed to his house or Farme as woulde very well kéepe and finde so manye cattell moe A good distribution as he was allowed or stinted to kéep on the Commons as if he might kepe ten Kine or Oxen he had so much ground of the inclosed cōmon as would kepe or finde xx kine or oxen if he might kepe six horses on the Common he had so much Cōmon in pasture as would kéepe or finde twelue horses And if one might kéepe an hundreth shéepe of the Common he had so muche inclosed Common allowed him as would very wel kéepe and finde two hundreth shéepe And if a poore Cottager myght by his stint kéepe a couple of Kine on the Common then he hadde as muche of the Commons inclosed annexed to his Cottage and so to remaine for euer as woulde kéepe or finde him foure Kine And thus euerye Farmer and euery Tenaunt Cottager and other had so muche inclosed grounde of the Commons allowed them to belong to their houses and Farmes for euer as woulde very wel kéepe and find so many cattell moe as he was allowed and stinted to kepe on the bare vnclosed Commons and that such inclosed grounde as lay most nearest and necessarie to their house or Farme And euerye Farmer and Tenaunt besides had all their arrable lande and medowe inclosed that did belong to their Tenemēts and Farmes which before lay open and in commō so that by this inclosing of their groūd they had and haue yerely a maruelous commoditie and profite more than euer they hadde before And for that thereby their commodities were so muche encreased yerely out of euery twentie acres of Medowe and arrable land that belonged to any Farme was taken and reserued one acre and out of euery tenne acres halfe an acre whereof euery Cottage that had neither arrable lande nor Medowe belonging thereto had two acres of inclosed Arrable land and one acre of Meadowe inclosed annexed to the same to finde the pore Tenaunt bread corne and Hay to succoure hys Kyne or other cattell withall Siuqila Hereby it séemeth that the Lords charges of the soile was very great in the inclosing of al these Commons and other grounde Omen Their charges were not so great but the gaines were greater for all the reste of the inclosed grounde that did remain the Lords had the same fréely to thēselues whiche besides the greate profite to the Tenants was no smal commoditie to them For some Lordes of the soile hadde within their Lordships two or thrée thousand acres of waste or common grounde whereof none knewe any particular portion belonging to their house or Farme whyche before was little or no profite to the Lordes of the soile but being inclosed it was no small portion that came to theyr share And thus they got themselues much grounde which they neuer
turned into poore drudges and miserable peasantes Siuqila I am not deny it your wordes are too true in many of them for to say true few degrées with vs are contente with their own estate or calling but wish to be higher though some deserue to be lower â—the GeÌ„tleman wold be a Squire the Squire a Knight the Knight a Baron the Baron a Lord the Lord an Earle the Erle a Marques the Marques a Duke and so higher if they might with their safetie Omen And I pray you would not your Farmers be Landlords and your Yeomen be Gentlemen Siuqila Yes I warrant you and so through raking of riches togither they come dayly to promotion and authoritie I wil not say but that welth ioyned with wisedome is worthy of promotion and authoritie otherwise pouertie ought rather to be preferred for a poore wise man may get wealth and riches but a rich foole wil neuer get wisdom O happie are your Tenants that haue such contented LaÌ„dlords And our TenaÌ„ts are vnhappie that dwell vnder such vncontented cormorantes Omen The Gentlemen and Landlords with vs liue so contentedly so moderately and so godly that they haue no occasioÌ„ to racke their Rentes and their tenauntes are so neighborly charitable and such louers of the commonwelth that they neuer enhance the price of their corne victuals and other commodities Siuqila Yet scarcitie may constraine them to rayse the price of their corne and victuals Omen Nay we know not what scarcitie doth mean for God doth so blesse the grounde of our godlye and contented Landelords and the laboures of the honest and painefull Tenantes that we neuer haue but great aboundance of corne victual and other necessaries Siuqila We haue had likewise such a continuall plenty since we receiued the Gospel that I beléeue our Country neuer tasted the like so long togither but we must néedes confesse that it hath bin only of Gods great goodnes not of our deseruing Omen So God wil blesse you still if you performe indéede that you professe with your mouth Siuqila Then I perceiue it is hard to finde a raiser of Rents with you Omen Yea verily it is as impossible to finde one enhauncer of Rentes with vs as it is easie to find many with you and to say truthe it were but a follie for any to doe so with vs for hée should not find a Tenant that would giue one peny more than the olde Rente And if any shoulde we haue neuer a Landlord wil take it Siuqila If the tenants had done so with vs our Rents wold not haue bene so rackt as they are but trulie many of thâ—â— are so enuious of their neighbors prosperitie and so gréedy of their owne commoditie that they are the chief occasion of the vnreasonable enhauncing of our Rentes for they haue and do daylie goe to the owners of their neyghbors Farmes some of theÌ„ whome I call their neighbours dwell twentie or fortie myles from them and profer them so much that the Landlorde being sodainly grypte with the gréedie worme doth take his gentle vnsought for offer and so thrust out his olde tenant when his Lease is expired and perhappes before if many or might may doe it Omen They whose Farmes they so go about to take may well be their neighboures but they that so vncharitablie take their neighbours Farmes ouer their heades are no good neighbours but wicked cut-throats But what harm haue they that so gette their neighboures Farmes Grounde or Houses from them Siuqila No harme at all vnlesse that be harme to enioy quietly the Farme or House which hée so craftily hyred out of hys neighbours hand neyther haue we any Law once to punish or trouble them therfore Omen We haue suche a Lawe for such takers or hyrers of their neighboures House or Grounde that none with vs néede feare the hyring of their Farmes from them If you had such a Law with you your Rentes would not be so enhaunced your Fines would not be so much vsed your Landlordes would not be so enriched nor the pore Tenants and Farmers would not be so vnhoused as I perceiue they are Siuqila I pray you sir what lawe haue you therfore Omen Forsooth a very straight law but it is seldome or neuer executed wherfore few or none with vs doeth knowe that we haue such a law This saying or meaning of Christ Do as thou wouldst be done vnto is so déeply printed in our brests that we néede none other law Siuqila O happie are they that so regarde the lawe of God that you néede not the lawe of man but I beséeche you lot me heare your law in this case prouided Omen That you shal with al my 〈◊〉 this it is whosoeuer offereth or taketh any fiâ—e for any house or grounde otherwise than hath bene accustomed he shal pay the fourth parte of his goods the one halfe whereof shall be for a fine to the king of our Countrey the other halfe shal be solde and giuen equallie to the poorest neighbours of him that offered and that toke the saide Fine and this law is so straightly executed that none with vs wil offer any Fines Siuqila This is a verye straighte lawe for offeryng of Fines Omen Let none offer Fines and then it is not straight Siuqila That is true but yet it séemeth by your words that there are fines accustomed with you Omen There are so but none must either offer or giue them but the Tenauntes of the same house or ground A reasonable fine when theyr Leases are expyred and that is but one yeares Rent towards the maintayning of the Lord. Siuqila Oh I would to God none paide with vs anye greater Fines than one yeares Rent of their house or Farme but the Fines of houses and Farmes with vs are commonlye so greate yea besides the new enhauncing of the Rents of the same houses or farmes that the yeares of their Leases wil be almost expyred ere they can recouer the same and manye of them are constrayned to sel a greate parte of their stocke which shoulde maintaine them in their Farmes for the paying of the same Fines that therby they are vtterly beggarde and so are faine for wante of Cattell and Corne to lette oute the most of their Grounde to others which do reape the chiefe commoditie from them without either charge or Fine â—whereby they shall neuer recouer or get againe the one halfe of their Fine and thereby when their Leasses are ended are farre vnable to pay a new Fine and the enhaunced Rentes for the same and so they are thruste oute of their Farmes whereby many that kepte good houses and reléeued the poore are nowe verome beggars themselues Omen Surely it is pitifull to heare but more sorowful to be suffred Our LaÌ„dlords are not of the minde of your LaÌ„dlords for al degrées with vs that haue lands to let do not only refuse abhorre to take such Fines but also wil lessen or lawne their Rents if they