[732] 4 James I., c. 11.
[733] Original Papers of the Norfolk and Norwich Archæological Society, 1907, pp. 70–73.
[734] Lee, A Vindication of a Regulated Enclosure, 1656.
[735] Holkham MSS., Sparham Bdle., No. 5, see back, p. 374.
[736] Selden Society, Select Cases in the Court of Requests, Customarye Tenants of Bradford v. Fraunceys: “The seyd defendant seythe that the said bill of complaint ... is mater ... determinable at the comen land and not in this honourable court, whereunto he prayeth to be remitted.” Also Gairdner, L. & P. Henry VIII., i., 334, Earl of Derby to Cromwell; and Leadam, E. H. R., vol. viii. pp. 684–696. For attacks on Wolsey’s land policy see Herbert, History of King Henry VIII., pp. 297–298 (ed. of 1672): “Also the said Cardinal hath examined divers and many matters in the Chancery, after judgment thereof given at the Common Law, in subversion of your laws, and made some persons restore again to the other party condemned that they had in execution by virtue of the judgment in the Common Law.”
[737] Gardiner, History of England, 1603–1642, vol. viii., p. 78. Compare the Instructions for the President and Council of the North, 1603 (Prothero, Statutes and Constitutional Documents, 1558–1625, pp. 363–378), Article XXVIII.: “Further our pleasure is that the said Lord P. and Council shall from time to time make diligent and effectual inquisition of the wrongful taking in of commons and other grounds and the decay of tillage and of towns or houses of husbandry contrary to the laws, ... and leaving all respect and affection apart they shall take such order for redress of enormities used in the same as the poor people be not oppressed and forced to go begging ... and ... if they find any notorious malefactor in this behalf of any great wealth, cause the extremity of the law to be executed against him publicly.”
[738] Gardiner, Constitutional Documents of the Puritan Revolution, 1625–1660, pp. 212–213, “Conversion of arable into pasture, continuance of pasture, under the name of depopulation, have driven many millions out of the subject's purses, without any considerable profit to his Majesty.”
[739] Clarendon’s History of the Rebellion, I. 204, IV. 63. Clarendon’s account of the Grand Remonstrance suggests that the principal grievance was not depopulation, but the fines exacted for it; see the words “with the vexations upon pretence of nuisances in building ... and of depopulation, that men might pay fines to continue the same misdemeanour.”
[740] Appendix I., No. VIII.
[741] I make this statement on the authority of Dr. Slater, Sociological Review, vol. iv., No. 4, p. 349, but I have been unable to trace his evidence. The only reference I can find bearing on the subject is contained in Article XIII. of the heads of the accusation against Lord Clarendon: “That he hath in an arbitrary way examined and drawn into question divers of his Majesty’s subjects concerning their lands, tenements, goods, chattells, and properties, determined thereof at the Council Table, and stopped proceedings at law by the order of the Council Table, and threatened some that pleaded the Statute of 17 Car. I." (The proceedings in the House of Commons touching the impeachment of Edward, late Earl of Clarendon, 1700.)