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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
it is all to this end that the Laws be obeyed for a careful Execution of Laws is the Life of Government And while a Peace-maker is careful to oversee the Officers all Officers and others shall assist him upon pain of forfeiture of Freedom or other punishment according to the Rules following One thing remember That when any offendor is brought before any of these chief Peace-makers then this is to be noted that the offendor hath rejected mercy once before by refusing to yield obedience to the Overseers as is explained further hereafter The Work of an Overseer In a Parish or Town there is to be a fourfold degree of Overseers which are to be chosen yearly The first is an Overseer to preserve Peace in case of any quarrels that may fall out between man and man for though the Earth with her fruits be a common Treasury and is to be planted and reaped by common Assistance of every family yet every house and all the furniture for ornament therein is a propriety to the Indwellers and when any family hath fetched in from the Store-houses or shops either Clothes food or any ornament necessary for their use it is all a propriety to that family And if any other family or man come to disturb them and endeavor to take away furniture which is the ornament of his neighbors house or to burn break or spoyl wilfully any part of his neighbors houses or endeavor to take away either the food or clothing which his neighbor hath provided for his use by reason whereof quarrels and provoking words may arise This Office of Overseers is to prevent disturbance and is an Assistance to the Peace-maker and at the hearing of any such offence this Overseer shall go and hear the matter and 〈◊〉 to perswade the offendor and to keep peace and if friendship be made and subjection be yielded to the Laws for the Peace of the Commonwealth the offendor is only to be reproved for his rashness by this Overseer and there is an end But if the offendor be so violent that he will not refrain his offence to his neighbor at this Overseers perswasion but remain stiff and stubborn this Overseer shall then give out an Order to the Souldier to carry the body of the offendor before the Councel of the Peace-makers or before any one or more of them And if the offendor will not yield obedience to the Laws of Peace by the perswasion of the chief Peace-makers neither then this is to be noted to be the second time that this offendor hath refused mercy Then shall the Peace-maker appoint him a day and command him to appear before the Judges Court either in the City or Country where the offence is given and there he shall receive sentence according to the rigor of the Law And if an Overseer should make peace and do not send the offendor to the Peace-makers Court yet this shall be noted the first time of such a ones disobedience to the Laws And all this is to prevent quarrels and offences and the chief Peace-makers or Counsellors may not always be at hand at the beginning of such disturbance therefore this Overseer is an Assistance thereunto and is a Member of that Court One man shall not take away that Commodity which another man hath first layd hands on for any Commodity for use belongs to him that first layd hands of it for his use and if another come and say I will have it and so offences do arise this Overseer shall go to them or give order to the Souldier to bring the offendor to him and shall endeavor to make peace either by giving the Commodity to him who first layd hands on it or else by taking the Commodity from both and bid them go to the Store-houses and fetch more seeing the Store-houses are full and afford plenty of the same Commodities giving the offendor a sharp reproof for offering to break the Peace noting this to be the first time that such a one offered violence to break the Laws of Peace And all persons whatsoever shall assist the Overseers herein and if any person strike or affront by words this Overseer he shall give order to the Souldier to carry him before the Peace-makers and from them the offendor shall receive a Command to appear before the Judges Court where he shall receive the sentence of the Law without mitigation For when a Peace-maker or Conncellor doth appoint an offendor to appear before the Judges Court such an offendor hath refused mercy twice All this is to be done in case of small offences but if any offence be offered by any which comes within compass of death there shall be no Peace-maker to be a Mediator aforehand but the offendor shall be tryed by the Law The second Office of Overseership is for Trades And this Overseer is to see that young people be put to Masters to be instructed in some labour Trade Science or to be waiters in Store-houses that none be idly brought up in any family within his Circuit Likewise this Overseer is to assist any Master of a family by his advice and counsel in the secrets of his Trades that by the experience of the Elders the young people may learn the inward knowledg of the things which are and find out the secrets of Nature And seeing there are variety of Trades there are to be chosen Overseers for every Trade so many Overseers as the largeness of the Town and City requires and the employment of this Overseer is not to work unless he will himself but to go from house to house to view the works of the people of every house belonging to his Trade and Circuit and to give directions as he sees cause and see that no youth be trained up in idleness as is said And if this Overseer find any youth more capable and fit for another Trade then his own he shall speak to some Overseers of another Trade who shall provide him a Master with the consent of his father and appoint him what family to live in And if the father of a family be weak sick or naturally foolish wanting the power of wisdom and government or should be dead before his children should be instructed then the Overseers of this Trade wherein the Father was brought up are to put those Children into such Families where they may be instructed according to the Law of the Common-wealth One man may be an Overseer for twenty or thirty Families of Shoomakers another for Smiths another for Weavers of Cloth another for the Keepers of Storehouses or Shops for every Trade is to have an Overseer for that particular Trade And truly the Government of the Halls and Companies in London is a very rational and well ordered Government and the Overseers of Trades may very well be called Masters Wardens and Assistants of such and such a Company for such and such a particular Trade Onely two things are to be practised to preserve peace The first is