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A66685 The law of freedom in a platform: or, True magistracy restored Humbly presented to Oliver Cromwel, General of the Common-wealths army in England. And to all English-men my brethren whether in church-fellowship, or not in church-fellowship, both sorts walking as they conceive according to the order of the Gospel: and from them to all the nations in the world. Wherein is declared, what is kingly government, and what is Commonwealths government. By Jerrard Winstanley. Winstanley, Gerrard, b. 1609. 1652 (1652) Wing W3045A; ESTC R220031 79,685 104

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wives and children within such a Lordship to his Lords of Manors 〈◊〉 do with them as they pleased And for this cause now doth an Army arise to keep out an Invasion of a Forraigner that by the defence of our Army who is part of our selves the rest of our brethren in the Commonwealth may plow sow and reap and enjoy the fruits of their labours and so live in peace in their own Land Or secondly If a Land be conquered and so enslaved as England was under the Kings and conquering Laws then an Army is to be raised with as much secrecy as may be to restore the Land again and set it free that the Earth may become a Common Treasury to all her children without respecting persons as it was before Kingly Bondage came in as you may read 1 Sam. 8. This latter is called Civil Wars and this is the Wars of the Commoners of England against King Charls now cast out for he and his Laws were the successive Power of that Norman Conquest over England And now the Commeners of England in this age of the World are rise up in an Army and have cast out that Invasion of the Duke of Normandy and have won their Land and Liberties again by the Sword if they do not suffer their Councels to 〈◊〉 into slavery again upon a new accompt Therefore you Army of Englands Commonwealth look to it the Enemy could not beat you in the field but they may be too hard for you by policy in 〈◊〉 if you do not stick close to see Common Freedom established For if so be that Kingly Authority be set up in your Laws again King Charls hath conquered you and your posterity by policy and won the field of you though you seemingly have cut off His Head For the strength of a King lies not in the visible appearance of his body but in his Will Laws and Authority which is called 〈◊〉 Government But if you remove Kingly Government and set up true and free Commonwealths Government then you gain your Crown and keep it and leave peace to your posterity otherwise not And thus doing makes a War either lawful or unlawful An Army may be Murtherers and unlawful If an Army be raised to cast out Kingly Oppression and if the Heads of that Army promise a Commonwealths Freedom to the oppressed people if in case they will assist with person and purse and if the people do assist and prevail over the Tyrant those Officers are bound by the Law of Justice who is God to make good their Engagements And if they do not set the Land free from the branches of the Kingly Oppression but reserve some part of the Kingly Power to advance their own particular Interest whereby some of their friends are left under as great slavery to them as they were under the Kings Those Officers are not faithful Commonwealths Souldiers they are worse Thieves and Tyrant then the Kings they cast out and that Honor they seemed to get by their Victories over the Commonwealths Oppressor they lose again by breaking Promise and Engagement to their oppressed friends who did assist them For what difference is there between a professed Tyrant that declares himself a Tyrant in words Laws and deeds as all Conquerors do and him who promises to free me from the Power of the Tyrant if I 'le assist him and when I have spent my estate and blood and the health of my body and expect my bargain by his Engagements to me he sits himself down in the Tyrants Chair and takes the possession of the Land to himself and calls it 〈◊〉 and none of mine and tells me he cannot in Conscience let me enjoy the Freedom of the Earth with him because it is another mans 〈◊〉 And now my health and estate is decayed and I grow in age I must either beg or work for day wages which I was never brought up to for another when as the Earth is as freely my Inheritance and birthright as his whom I must work for and if I cannot live by my weak labors but take where I need as Christ sent and took the Asse coìt in his need there is no dispute but by the Kings and Laws he will hang me for a thief But hear O thou Righteous Spirit of the whole Creation and judg who is the thief Him who takes away the freedom of the common-earth from me which is my Creation rights and which I have helped to purchase out of the hands of the Kingly Oppressor by my purse and person and which he hath taken for wages of me Or I who takes the Common-earth to plant upon for my free livelyhood endeavouring to live as a free Commoner in a free Common-wealth in righteousness and peace Such a souldier as this engagement breaker is neither a friend to the Creation nor to a particular Common-wealth but a self lover and a hypocrite for he did not fight to set the Earth free from the bondage of the Oppressor as he pretended by his Engagements but to remove that power out of the others hand into his own And this is just like the beasts who fight for mastery and keeps it not releaving but still Lording and Kinging over the weak These are Monarchial souldiers not Common-Wealths souldiers and such a souldier is a murderer and his warfare is unlawful But souldiers of true noble spirits will help the weak and set the oppressed free and delight to see the Common-wealth flowrish in freedom as wel as their own gardens There is none of this true nobility in the Monarchial Army for they are all self lovers the best is as a briar and the most upright amongst them is as a thorne held speak you Prophers of old if this be not true A Monarchial Army lifts up mountains and makes vallies viz. Advances Tyrants and treads the oppressed in the barran lanes of poverty But a Commonwealths Army is like John Baptist who levels the Mountains to the Valleys pulls down the Tyrant and 〈◊〉 up the Oppressed and so makes way for the spirit of Peace and Freedom to come in to rule and 〈◊〉 the Earth And by this which hath been spoken an Army may see wherein they may do well and wherein they may do hurt CHAP. V. Education of mankinde in Schools and Trades MAnkinde in the days of his youth is like a young Colt wanton and foolish till he be broke by Education and correction and the neglect of this care or the want of wisdom in the performance of it hath been and is the cause of much division and trouble in the world Therefore the Law of a Common-wealth does require that not onely a father but that all Overseers and Officers should make it their work to educate children in good manners and to see them brought up in some trade or other and to suffer no children in any Parish to live in idleness and youthful pleasure all their days as many have been but that they be brought up
onely but the Will of his People likewise and the Law of common Preservation Peace and Freedom was the righteous Law that governed both Adam and his houshould But yet observe That from the Father in a Family was the first rise of Magisterial Government because Children wanting experience of their own preservation therefore such as are experienced are to propound the Law of Government to them and therefore from Adam to this day the Law of common Preservation is the Rule and Foundation of true Magistracy and it is the work of all Magistrates to help the weak and the foolish There are two root from whence Laws do spring The first root you see is common Preservation when there is a principle in every one to seek the good of others as himself without respecting persons and this is the root of the tree Magistracy and the Law of Righteousness and Peace and all particular Laws found out by experience necessary to be practised for common Preservation are the boughs and branches of that Tree And because among the variety of Mankinde Ignorance may grow up therefore this Original Law is written in the heart of every man to be his guide or leader so that if an Officer be blinded by covetousness and pride and that ignorance rule in him yet an inferior man may tell him where he goes astray for common Preservation and Peace is the Foundation Rule of all Government and therefore if any will preach or practise Fundamental Truths or Doctrine here you may see where the Foundation thereof lies The second Root is Self preservation when particular Officers seek their own Preservation Ease Honor Riches and Freedom in the Earth and do respect persons that are in Power and Riches with them and regard not the Peace Freedom and Preservation of the weak and foolish among Brethren And this is the root of the Tree Tyranny and the Law of Unrighteousness and all particular Kingly Laws found out by covetous Policy to enslave one brother to another whereby bondage tears sorrows and poverty are brought upon many men are all but the boughs and branches of that Tree Tyranny and such Officers as these are fallen from true Magigistracy and are no Members thereof but the Members of Tyranny who is the Devil and Satan And indeed this Tyranny is the cause of all Wars and Troubles and of the removal of the Government of the Earth out of one hand into another so often as it is in all Nations For if Magistrates had a care to cherish the peace and liberties of the common people and see them set free from Oppression they might sit in the chair of Government and never be disturbed But when their sitting is altogether to advance their own interest and to forget the asslictions of Joseph or their brethren that are under bondage this is a so 〈◊〉 of their own downfall and oftentime proves the plague to the whole Land Therefore the work of all true Magistrates is to maintain the common Law which is the root of right Government and preservation and peace to every one and to cast out all self-ended principles and interests which is Tyranny and Oppression and which breaks common peace For 〈◊〉 the disorderly actings of Officers break the peace of the Commonwealth more then any men whatsoever All Officers in a true Magistracy of a Commonwealth are to be chosen Officers In the first Family which is the Foundation from whence all Families sprang there was the Father he is the first link of the chain Magistracy The necessity of the children that sprang from him doth say Father do thou teach us how to plant the Earth that we may live and we will obey By this choyce they make him not onely a Father but a Master and Ruler And out of this root springs up all Magistrates and Officers To see the Law executed and to preserve Peace in the Earth by seeing that right Government is observed For here take notice That though the children might not speak yet their weakness and simplicity did speak and chose their Father to be their Overseer So that he who is a true Commonwealths Officer is not to step into the place of Magistracy by policy or violent force as all Kings and Conquerors do and so become oppressing Tyrants by promoting their selfended Interests or Machiavilian Cheats that they may live in plenty and rule as 〈◊〉 over their Brethren But a 〈◊〉 Commonwealths Officer is to be a chosen one by them who are in 〈◊〉 and who judg him fit for that work And thus a Father in a Family is a Commonwealths Officer because the Necessity of the young children choose him by a joynt consent and not otherwise Secondly In a bigger Family called a Parish the body of the people are confused and disordered because some are wise some foolish some subtil and cunning to deceive others plain-hearted some strong some weak some rash angry some milde and quiet-spirited By reason whereof offences do arise among brethren and their common peace is broken Therefore as Necessity hath added a Law to limit mens manners because of Transgressiens one against another So likewise doth the necessity of common peace move the whole body of the Parish to choose two three or more within that circuit to be their Overseers to cause the unruly ones for whom onely the Law was added to be subject to the Law or Rule that so peace may be preserved among them in the planting of the Earth reaping the fruits and quiet enjoyment Thirdly In every County Shire or Land wherein the Families are encreased to a larger Commonwealth the necessity of the people moves them still to choose more Overseers and Officers to preserve common peace And when the people have chose all Officers to preserve a right Order in Government of Earth among them then doth the same necessity of common Peace move the people to say to their Overseers and Officers Do you see our Laws observed for our preservation and peace and we will assist and protect you And this word assist and protect 〈◊〉 The rising up of the people by force of Arms to defend their Laws and Officers against any Invasion Rebellion or Resistance 〈◊〉 to beat down the turbulency of any foolish or self-ended spirit that endevors to break their common Peace So that all true Officers are chosen Officers and when they act to satisfie the necessity of them who chose them then they are faithful and 〈◊〉 servants to that Commonwealth and then there is a rejoycing in the City But when Officers do take the possessions of the Earth into their own hands lifting themselves up thereby to be Lords over their Masters the people who chose them and will not suffer the people to plant the Earth and reap the fruits for their livelyhood unless they will hire the Land 〈◊〉 them or work for day-wages for them that they may live in ease and plenty and not work These Officers are sallen from true
〈◊〉 men and not like beasts That so the Common-wealth may be planted with laborious and wise experienced men and not with idle fools Mankinde may be considered in a fourfold degree his childhood youth manhood and old age his childhood and his youth may be considered from his birth till forty yeers of age and within this compass of time after he is weaned from his mother who shall be the nurse her self if there be no defect in Nature his parents shall teach him a civil and humble behavior toward all men Then send him to School to learn to read the Laws of the Common-wealth to ripen his wits from his childhood and so to proceed in his learning till he be acquainted with all Arts and Languages and the reason is threefold First By being acquainted with the knowledge of the affairs of the world by this traditional knowledge they may be the better able to govern themselves like rational men Secondly they may become thereby good Common-wealths men in supporting the government thereof by being acquainted with the nature of government Thirdly If England have occasion to send Embassadors to any other Land we may have such as are acquainted with their Language or if any Embassador come from other Lands we may have such as can understand their speech But one sort of Children shall not be trained up onely to book learning and no other imployment called Schollars as they are in the Government of Monarchy for then through idleness and exercised wit therein they spend their time to finde out 〈◊〉 to advance themselves to be Lords and Masters above their laboring brethren as Simeon and Levi do which occasions all the trouble in the world Therefore to prevent the dangerous events of idleness in Scholars it is reason and 〈◊〉 for 〈◊〉 peace that after Children have been brought up at Schools to 〈◊〉 their wits they shall then be set to such Trades Arts and Sciences as their bodies and wits are capable of and therein continue till they come to fourty years of age For all the work of the Earth or in Trades is to be managed by youth and by such as have lost their Freedoms Then from fourty years of age till fourscore if he live so long which is the degree of manhood and old age they shall be freed from all labor and work unless they will themselves And from among this degree of Mankind shal be chosen all Officers and Overseers to see the Laws of the Commonwealth observed For as all men shall be Workers or Waiters in Storehouses till they be fourty years of age so none shall be chosen a publique Officer till he be full fourty years of age for by this time Man hath learned experience to govern himself and others for when young wits are set to govern they wax wanton c. What Trades should Mankinde be brought up in In every Trade Art and Science whereby they may finde out the Secrets of the Creation and that they may know how to govern the Earth in right order There are five Fountains from whence all Arts and Sciences have their influences he that is an actor in any or in all the five parts is a profitable son of mankinde he that onely contemplates and talks of what he reads and hears and doth not employ his Talent in some bodily action for the encrease of fruitfulness freedom and peace in the Earth is an unprofitable son The first Fountain is the right planting of the Earth to make it fruitful and this is called Husbandry And there are two branches of it As first planting digging dunging liming burning grubbing and right ordering of Land to make it fit to receive seed that it may bring forth a plentiful crop And under this Head all Millers Maltsters Bakers Harness-makers for Plows and Carts Rope-makers Spinners and Weavers of linnen and such like are all but good Husbandry The second Branch of Husbandry is Gardening how to plant graft and set all sort of fruit-trees and how to order the ground for flowers Herbs and Roots for pleasure food or medicinal And here all Physicians Chyrurgeons Distillers of all sorts of Waters Gatherers of Drugs Makers of Wines and Oyl and Preservers of fruits and such like may learn by Observation what is good for all bodies both man and beasts The second Fountain is Mineral employment and that is to search into the Earth to finde out Mynes of Gold and Silver Brass Iron Tin Lead Cannel Coal and Stone of all sorts Salt-peter Salt and Allom-springs and such like And here all Chymists Gunpowder makers Masons Smiths and such like as would finde out the strength and power of the Earth may learn how to order these for the use and profit of Mankinde The third Fountain is the right ordering of Cattel whether by Shepherds or Herds men and such may learn here how to breed and train up Cows for the Daries Bulls and Horses for the saddle or yoke And here all Tanners Hatters Shoomakers Glovers Spinners of Wool Clothiers Taylors Dyers and such like may learn how to order and look to these The fourth Fountain is the right ordering of Woods and Timber trees for planting dressing selling framing of Timber for all uses for building houses or ships And here all Carpenters Joyners Throsters Plowmakers Instrument makers for musick and all who work in wood and timber may finde out the Secret of Nature to make Trees more plentiful and thriving in their growth and profitable for use The fifth Fountain from whence Reason is exercised to finde out the Secrets of Nature is observe the rising and setting of the Sun Moon and the Powers of the Heavens above and the motion of the Tydes and Seas and there several effects powers and operations upon the bodies of Man and Beast And here may be learned Astrology Astronomy and Navigation and the motions of the Winds and the causes of several Appearances of the Face of Heaven either in Storms or in Fareness And in all these five Fountains here is Knowledg in the practice and it is good But there is Traditional Knowledg which is attained by reading or by the instruction of others and not practical but leads to an idle life and this is not good The first is a laborious Knowledg and a Preserver of common Peace which we finde God himself acting for he put forth his own wisdom in practise when he set his strength to work to make the Creation for God is an active Power not an imaginary Fancy The latter is an idle lazy contemplation the Scholars would call Knowledg but it is no knowledg but a shew of Knowledg like a Parrat who speaks words but he knows not what he saith This same shew of knowledg rests in reading or contemplating or hearing others speak and 〈◊〉 so too but will not set his hand to work And from this Traditional Knowledg and Learning life up both Clergy and Lawyer who by their cunning insinuations live meerly upon the
light and darkness strive in 〈◊〉 and 〈◊〉 to succeed each other or as it is said the strong man armed keeps the heart of man till a stronger then he came and cast him out And this written law proceeding either from reason or unreasonableness is called the letter whereby the creation of mankinde beasts and earth is governed according to the will of that power which rules And it is called by his opposite the letter that kils and by those of the same nature with it it is called the word of life As for example if the experienced wise and strong man bears rule then he writes down his minde to curb the unreasonable law of covetousnes and pride in unexperienced men to preserve peace in the Commonwealth And this is called the historical or traditional law because it is conveyed from one generation to another by writing as the laws of Israels Commonwealth were writ in a book by Moses and so conveyed to poposterity And this outward law is a bridle to unreasonableness or as Solomon writ it is a whip for the fools back for whom only it was added Secondly since Moses time the power of unreasonable coveteousness and pride hath sometimes rise up and corrupted that traditional law For since the power of the sword rise up in Nations to Conquer the written law hath not been to advance Common freedom and to beat down the unreasonable self-will in mankind but it hath been framed to uphold that self-will of the Conquerer right or wrong not respecting the freedome of the Commonwealth but the freedome of the Conquerer and his friends only By reason whereof much slavery hath been laid upon the backs of the plaine dealing man And men of publick spirits as Moses was have been crushed and their spirits damped thereby which hath bred first discontents and then more wars in the Nations And those who have been favorites about the Conquerer have by hypocrisie and flattery pleased their king that they might get what they can of the earth into their possession and thereby have increased the bondage of the paineful laborer if they could but catch him to act contrary to the Conquerers will called law And now the City mournes and do we not see that the laws of Kings have been alwayes made against such actions as the Common-people were most inclinable to on purpose to 〈◊〉 them into their Sessions and Courts that the Lawyers and Clergy who were the Kings supporters might get money thereby and live in fulness by other mens labors But hereby the true nature of a wel-governed Commonwealth hath been ruined and the will of Kings set up for a law and the law of righteousness law of liberty trod under foot and killed This traditional law of Kings is that letter at this day which kils true freedom and it is the 〈◊〉 of wars and persecution This is the souldier who cut Christs garment into pieces which was to have remained uncut and without seame this law moves the people to fight one against another for those pieces viz. for the several inclosures of the earth who shall possess the earth and who shall be Ruler over others But the true ancient law of God is a Covenant of peace to whole mankinde this sets the earth free to all this unites both Jew and Gentile into one brotherhood and rejects none this makes Christs garment whole againe and makes the kingdomes of the world to become Common-wealths again It is the inward power of right understanding which is the true law that teaches people in action as well as in words to do as they would be done unto But thus much in general what law is hereafter followes what those particular laws may be whereby a Commonwealth may be governed in peace and all burdens removed which is a breaking forth of that law of liberty which will be the joy of all Nations when he arises up and is established in his brightness Short and pithy laws are best to govern a Commonwealth The laws of Israels Commonwealth were few short and pithy and the government thereof was established in peace so long as officers and people were obedient thereunto But those many laws in the dayes of the Kings of England which were made some in times of Popery and some in times of Protestantism and the proceedings of the law being in French and Latine hath produced two great evils in England First it hath occasioned much ignorance among the people and much contention and the people have mightily erred through want of knowledge and thereby they have run into great expence of money by suits of law or else many have been imprisoned whipped banished lost their estates and lives by that law which they were ignorant of till the scourge thereof was upon their backs this is a sore evil among the people Secondly the peoples ignorance of the laws hath bread many sons of contention for when any difference fals out between man and man they neither of them know which offends the other therefore both of them thinking their cause is good they delight to make use of the law and then they go and give a Lawyer mony to tell them which of them was the offender The Lawyer being glad to maintain their own trade sets them together by the ears till all their moneys be near spent and then bids them refer the business to their neighbors to make them friends which might have been done at the first So that the course of the Law and Lawyers hath been a 〈◊〉 snare to entrap the people and to pull their Estates from them by 〈◊〉 for the Lawyers do uphold the Conquerors Interest and the peoples Slavery so that the King seeing that did put all the affairs of Judicature into their hands And all this must be called Justice but it is a 〈◊〉 Evil But now if the Laws were few and short and often read it would prevent those Evils 〈◊〉 every one knowing when they did well and when ill would be very cautious of their words and actions and this would escape the Lawyers craft As Moses Laws in Israels Commonwealth The People did talk of them when they lay down and when they rose up and as they walked by the way and bound them as bracelets upon their hands so that they were an understanding people in the Laws wherein their peace did depend But it is a sign that England is a blinded and a snared generation their Leaders through pride and covetousness have caused them to err yea and perish too for want of the knowledg of the Laws which hath the power of Life and Death Freedom and Bondage in its hand But I hope better things hereafter What may be those particular Laws or such a method of Laws whereby a Commonwealth may be governed 1. The bare letter of the Law established by act of Parliament shall be the Rule for Officer and People and the chief Judg of all Actions 2. He or they who add or diminish