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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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been both unfaithful servants to man and to God by taking upon them to expound and interpret that Rule which they are bound to yield obedience to without adding to or diminishing from What is the Judges Court In a County or Shire there is to be chosen A Judg. The Peace-makers of every Town within that Circuit The Overseers and A band of Souldiers attending thereupon And this is called the Judges Court or the County Senate This Court shall sit four times in the year or oftner if need be in the Country and four times in the year in great Cities In the first quarter of the year they shall sit in the East part of the County and the second quarter of the year in the West in the third in the South and in the fourth in the North And this Court is to oversee and examine any Officer within their County or Limits for their work is to see that every one be faithful in his place and if any Officer hath done wrong to any this Court is to pass sentence of punishment upon the offendor according to his offence against the Law If any grievance lie upon any man wherein inferior Officers cannot ease him this Court shall quietly hear his Complaint and ease him for where a Law is wanting they may prepare a way of ease for the 〈◊〉 till the Parliament sit who may either establish that conclusion for a Law if they approve of it or frame another Law to that effect for it is possible that many things may fall out hereafter which the Law-makers for the present may not foresee If any disorder break in among the people this Court shall set things to rights If any be bound over to appear at this Court the Judg shall hear the matter and pronounce the letter of the Law according to the nature of the offence So that the alone work of the Judg is to pronounce the sentence and mind of the Law and all this is but to see the Laws executed that the Peace of the Commonwealth may be preserved What is the work of a Commonwealths Parliament in general A Parliament is the highest Court of Equity in a Land and it is to be chosen every year and out of every City Town and certain limits of a Country through the Land two three or more men are to be chosen to make up this Court This Court is to oversee all other Courts Officers persons and actions and to have a full Power being the Representative of the whole Land to remove all grievances and to ease the people that are oppressed A Parliament hath his rise from the lowest Office in a Commonwealth viz. from the father in a family For as a fathers tender care is to remove all grievances from the oppressed children not respecting one before another so a Parliament are to remove all burdens from the people of the Land and are not to respect persons who are great before them who are weak but their eye and care must be principally to relieve the oppressed ones who groan under the Tyrants Laws and Power The strong or such as have the Tyrant Power to uphold them need no help But though a Parliament be the Father of a Land yet by the Covetousness and 〈◊〉 of Kingly Government the heart of this Father hath been alienated from the children of the Land or else so over-awed by the frowns of a Kingly Tyrant that they could not or durst not act for the weakest childrens ease For hath not Parliaments sat and rose again and made Laws to strengthen the Tyrant in his Throne and to strengthen the rich and the strong by those Laws and left oppression upon the backs of the oppressed still But I 'le not reap up former weaknesses but rather rejoyce in hope of amendment seeing our present Parliament hath declared England to be a free Commonwealth and to cast out Kingly Power and upon this ground I rejoyce in hope that succeeding Parliaments will be tender-hearted Fathers to the oppressed children of the Land And not only dandle us upon the knee with good words and promises till particular mens turns be served but will fill our bellies and clothe our backs with good actions of Freedom and give to the oppressed childrens children their birth-right portion which is Freedom in the Commonwealths Land which the Kingly Law and Power our cruel step-fathers and step-mothers have kept from us and our fathers for many years past The particular work of a Parliament is four-fold First As a tender father a Parliament is to impower Officers and give out Orders for the free planting and reaping of the Commonwealths Land that all who have been oppressed and kept from the 〈◊〉 use thereof by Conquerots Kings and their Tyrant Laws may now be set at liberty to plant in Freedom for food and rayment and are to be a protection to them who labour the Barth and a punisher of them who are idle But some may say What is that I call Commonwealths Land I answer All that Land which hath been withheld from the Inhabitants by the Conquerot or Tyrant Kings and is now recovered out of the hands of that Oppression by the joynt assistance of the persons and purses of the Commoners of the Land for this Land is the price of their blood it is their birth-right to them and their posterity and ought not to be converted into particular hands again by the Laws of a free Commonwealth And in particular this Land is all Abby Lands formerly recovered out of the hands of the Popes Power by the Blood of the Commoners of England though the Kings withheld their rights herein from them So likewise all Crown Lands Bishops Lands with all Parks Forrests Chases now of late recovered out of the hands of the Kingly Tyrants who have set Lords of Manors and Task-masters over the Commoners to withhold the free use of the Land from them So likewise all the Commons and waste Lands which are called Commons because the poor was to have part therein but this is withheld from the Commoners either by Lords of Manors requiring quit Rents and overseeing the poor so narrowly that none dares build him a house upon this Common Land or plant thereupon without his leave but must pay him rent fines and heriots and homage as unto a Conqueror or else the benefit of this Common Land is taken away from the younger brethren by rich Landlords and Freeholders who overstock the Commons with Sheep and Cattel so that the poor in many places are not able to keep a Cow unless they steal grass for her And this is the bondage the poor complain of that they are kept poor by their brethren in a Land where there is so much plenty for every one if Covetousness and pride did not tule as King in one brother over another and Kingly Government occasions all this Now it is the work of a Parliament to break the Tyrants bands to abolish all their oppressing
away the purchased Land from the Purchasers or from part of them into the hands of particular men to uphold Monarchial Principles But though this be a fault let it be bore withall it was ignorance of brethren for England hath layn so long under Kingly slavery that few knew what Common Freedom was And let a restoration of this redeemed Land be speedily made by them who have the possession of it For there is neither Reason nor Equity that a few man should go away with that Land and Freedom which the whole Commoners have paid Taxes Free-quarter and wasted their Estates Healths and Blood to purchase out of Bondage and many of them are in want of a comfortable livelyhood Well these are the men that take away other mens Rights from them and they are Members of the covetous generation of Self-seekers therefore unfit to be chosen Officers or to choose Who then are fit to be chosen Commonwealths Officers Why truly choose such as have a long time given testimony by their actions to be Promoters of Common Freedom whether they be Members in Church fellowship or not in Church fellowship for all are one in Christ Choose such as are men of peaceable spirits and of a peaceable conversation Choose such as have suffered under Kingly Oppression for they will be fellow-feelers of others bondages Choose such as have adventured the loss of their Estates and Lives to redeem the Land from Bondage and who have remained constant Choose such as are understanding men and who are experienced in the Laws of peaceable and right ordered Government Choose men of courage who are not afraid to speak the Truth for this is the shame of many in England at this day they are drowned in the dunghill mud of slavish fear of men these are covetous men not fearing God and their portion is to be cast without the City of Peace amongst the Dogs Choose Officers out of the number of those men that are above forty years of age for these are most likely to be experienced men and all these are likely to be men of courage dealing truly and hating Covetousness And if you choose men thus principled who are poor men as times go for the Conquerors Power hath made many a righteous man a poor man then allow them a yearly Maintenance from the Common Stock until such time as a Commonwealths Freedom is established for then there will be no need of such allowances What is the reason that most people are so ignorant of their Freedoms and so few fit to be chosen Commonwealths Officers Because the old Kingly Clergy that are seated in Parishes for lucre of Tythes are continually distilling their blind Principles into the people and do thereby nurse up Ignorance in them for they observe the bent of the peoples minds and make Sermons to please the sickly minds of ignorant people to preserve their own riches and esteem among a charmed befooled and befotted people CHAP. IV. What are the Officers Names in a free Commonwealth IN a private Family a Father or Master is an Officer In a Town City or Parish A Peace-maker A four-fold Office of Overseers A Souldier A Task-master An Executioner In a County or Shire A Judg. The Peace-makers of every Town within that Circuit The Overseers and Soldiers attending thereupon This is called either the Judges Court or the County Senate In a whole Land A Parliament A Commonwealths Ministry A Post-master An Army All these Offices are like links of a Chain they arise from one and the same root which is necessity of Common Peace and all their works tend to preserve Common Peace therefore they are to assist each other and all others are to assist them as need requires upon pain of punishment by the breach of the Laws And the Rule of right Government being thus observed may make a whole Land nay the whole Fabrick of the Earth to become one family of Mankind and one well governed Commonwealth as Israel was called one house of Israel though it consisted of many Tribes Nations and Family The Work of a Father or Master of a Family A Father is to cherish his children till they grow wise and strong and then as a Master he is to instruct them in reading in learning languages Arts and Sciences or to bring them up to labour or employ them in some Trade or other or cause them to be instructed therein according as is shewed hereafter in the Education of Mankind A Father is to have a care that as all his children do assist to plant the Earth or by other Trades provide necessaries so he shall see that every one have a comfortable livelyhood not respecting one before another He is to command them their work and see they do it and not suffer them to live idle he is either to reprove by words or whip those who offend for the Rod is prepared to bring the unreasonable ones to experience and moderation That so children may not quarrel like beasts but live in Peace like rational men experienced in yielding obedience to the Laws and Officers of the Commonwealth every one doing to another as he would have another do to him The Work of a Peace-maker In a Parish or Town may be chosen three four or six Peace-makers or more according to the bigness of the place and their work is twofold First In general to sit in Councel to order the Affairs of the Parish to prevent troubles and to preserve Common Peace and here they may be called Councellors Secondly If there arise any matters of offence between man and man by reason of any quarrels disturbance or foolish actings the offending parties shall be brought by the Souldiers before any one or more of these Peace-makers who shall hear the matter and shall endeavor to reconcile the parties and make peace and so put a stop to the rigor of the Law and go no further But if the Peace-maker cannot perswade or reconcile the parties then he shall command them to appear at the Judges Court at the time appointed to receive the Judgment of the Law If any matters of publike concernment fall out wherein the Peace of the City Town or Country in one County is concerned then the Peace-makers in every Town thereabouts shall meet and consult about it and from them or from any six of them if need require shall issue forth any Order to inferior Officers But if the matters concern only the limits of a Town or City then the Peace-makers of that Town shall from their Court send forth Orders to inferior Officers for the performing of any publike service within their limits Thirdly If any proof be given that any Officer neglects his duty a Peace-maker is to tell that Officer between them two of his neglect and if the Officer continue negligent after this reproof the Peace-maker shall acquaint either the County Senate or the National Parliament therewith that from them the offendor may receive condign punishment And
torment him in that 〈◊〉 But surely Light is so broke out that it will cover the Earth so that the Divinity Charmers shall say The people will 〈◊〉 bear the voyce of our charming charm we never so wisely And all the Priests and Clergy and Preachers of these spiritual and heavenly things as they call them shall take up the lamentation which is their portion Alas alas that great City Babylon that mighty City Divinity which hath filled the whole Earth with her forcery and deceived all people so that the whole world wondered after this Beast how is it faln and how is her Judgment come upon her in one hour And further as you may read Rev. 18. 10. The Office of the Post-master In every Parish throughout the Commonwealth shall be chosen two men at the time when other Officers are chosen and these shall be called Postmasters And whereas there are four parts of the Land East West North South there shall be chosen in the chief City two men to receive in what the Post-master of the East Country brings in and two men to receive in what the Post-master of the West brings in and two for the North and so two for the South Now the work of the Country Post-master shall be this They shall every Moneth bring up or send by tydings from their respective Parishes to the chief City of what accidents or passages fall out which is either to the honor or dishonor hurt or profit of the Commonwealth and if nothing have faln out in that Moneth worth observation then they shall write down peace or good order in such a Parish And when these respective Post-masters have brought up their Bills or Certificates from all parts of the Land the Receivers of those Bills shall write down every thing in order from Parish to Parish in the nature of a Weekly Bill of Observation And those eight Receivers shall cause the Affairs of the four quarters of the Land to be printed in one Book with what speed may be and deliver to every Postmaster a Book that as they bring up the Affairs of one Parish in writing they may carry down in Print the Affairs of the whole Land The benefit lies here That if any part of the Land be visited with Plague Famine Invasion or Insurrection or any casualties the other parts of the Land may have speedy knowledg and send Relief And if any accident fall out through unreasonable action or careless neglect other parts of the Land may thereby be made watchful to prevent like danger Or if any through industry or ripeness of understanding have found out any secret in Nature or new invention in any Art or Trade or in the Tillage of the Earth or such like whereby the Commonwealth may more flourish in peace and plenty for which Vertues those persons received honor in the places where they dweit When other parts of the Land hear of it many thereby will be encouraged to employ their Reason and industry to do the like that so in time there will not be any Secret in Nature which now lies hid by reason of the iron age of 〈◊〉 oppressing Government but by some or other will be brought to light to the beauty of our Commonwealth The Rise of a Commonwealths Army After that the necessity of the People in a Parish in a County and in a Land hath moved the People to chuse Officers to preserve common peace the same necessity causeth the People to say to their Officers Do you see our Laws observed for our common preservation and we will assist and protect you This word assist and protect implies the rising of the people by force of Arms to defend their Laws and Officers who rule well against any Invasion Insurrection or Rebellion of selfish Officers or rude people yea to beat down the turbulency of any foolish spirit that shall arise to break our common Peace So that the same Law of Necessity of common Peace which moved the people to chuse Officers and to compose a Law for to be a Rule of Government The same Law of Necessity of Protection doth raise an Army so that an Army as well as other Officers in a Commonwealth spring from one and the same root viz. from the Necessity of common Preservation An Army is two-fold viz. A Ruling Army or a Fighting Army A ruling Army is called Magistracy in times of Peace keeping that Land and Government in Peace by Execution of the Laws which the fighting Army did purchase in the field by their Blood out of the hands of Oppression And here all Officers from the father in a family to the Parliament in a Land are but the Heads and Leaders of an Army and all people arising to protect and assist their Officers in defence of a right ordered Government are but the Body of an Army And this Magistracy is called the rejoycing of all Nations when the Foundation thereof are Laws of common Equity whereby every single man may enjoy the fruit of his labour in the free use of the Earth without being restrained or oppressed by the hands of others Secondly A fighting Army called Souldiers in the field when the necessity of preservation by reason of a forraign Invasion or inbred Oppression do move the people to arise in an Army to cut and teer to pieces either degenerated Officers or rude people who seek their own Interest and not common Freedom and through treachery do endeavor to destroy the Laws of common Freedom and to enssave both the Land and people of the Commonwealth to their particular wills and lusts And this War is called a Plague because that cursed enmity of Covetousness pride and vain glory and envy in the heart of Mankind did occasion the rise of it because he will not be under the moderate observation of any free and right Order unless he himself be King and Lord over other persons and their labours For now the people do arise to defend their faithful Officers against such Officers as are unfaithful and to defend their Laws and Common Peace The use or work of a fighting Army in a Commonwealth Is to beat down all that arise to endeavor to destroy the Liberties of the Commonwealth For as in the days of Monarchy an Army was used to subdue all who rebelled against Kingly Propriety so in the days of a free Commonwealth an Army is to be made use of to resist and destroy all who endeavor to keep up or bring in Kingly Bondage again The work of this fighting Army is twofold The first is to withstand the Invasion or coming in of a forraign Enemy whose Invasion is for no other end but to take away our Land and Earth from us to deny us the free use thereof to become Kings and Landlords over us and to make us their slaves As William the Conqueror when he had conquered England he gave not only the Land in parcels to his Souldiers but he gave all men their