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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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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
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
That all these Overseers shall be chosen new ones every year And secondly The old Overseers shal not chuse the new ones to prevent the creeping in of Lordly Oppression but all the Masters of Families and Freemen of that Trade shall be the chusers and the old Overseers shall give but their single voyce among them And as there are to be Overseers for Trades in Towns and Cities So there are to be chosen Overseers in the Country Parishes to see the Earth planted and in every Parish in the Country may be chosen four or six Overseers of Husbandry to see the Ground planted within their Circuits and to see that the work of Husbandry be done orderly and according to Reason and skill Some Overseers to look after the Shepherds and appoint out such men as are skilled in that work Some Overseers to look after the Herds-men Some Overseers of them who look to Horses And some for the Daries And the work of these Overseers is to see that every Family send in their assistance to work both in plowing and dressing the Earth in that season of the year in seed time and in reaping the fruits of the Earth and housing them in Storehouses in time of Harvest Likewise they are to see that all Barns belonging to any Family or more publique Storehouses belonging to a Parish be kept in sufficient repair Likewise they are to see that every Family do keep sufficient working tools for common use as Plows Carts and furniture according as every Family is furnished with men to work therewith likewise Pickaxes Spades Pruning-hooks and any such like necessary instrument Likewise it is the work of this Overseership to see that Schoolmasters Postmasters and Minsters do their several Offices according to the Laws Likewise this Overseership for Trades shall see That no man shall be a House-keeper and have Servants under him till he hath served under a Master seven years and hath learned his Trade and the reason is that every Family may be governed by stayd and experienced Masters and not by wanton youth And this Office of Overseership keeps all people within a peaceable harmony of Trades Sciences or Works that there be neither Beggar nor idle person in the Commonwealth The third Office of Overseership is to see particular Tradesmen bring in their Works to Storehouses and Shops and to see the Waiters in Storehouses do their duty As there are particular Trades requiring strength and some men are strong to perform such works so there are some weak in body whose employment shall be to be Keepers of Storehouses and Shops both to receive in Commodities and deliver out again as any particular Family or man wants and comes for them As for example When Lether is tanned it shall be brought into the Storehouses for Lether and from thence Shoomakers and Harness makers and such like may fetch it as they need So for Linnen and Woolen Cloth it is to be brought by the Weavers into the Storehouses or Shops from whence particular Families of other Trades may fetch as they need And so for any Commodity as in the Law for Storehouses is declared Now the work of this Overseership is of the same nature with the other for Trades onely this is to be imployed onely about the Oversight of Storehouses and shops And they are to see that particular Tradesmen as Weavers of Linnen and Woolen Cloth Spinners Smiths Hatters Glovers and such like do bring in their Works into the shops appointed And they are to see that the Shops and Storehouses within their several Circuits be kept still furnished That when Families of other Trades want such commodities as they cannot make they may go to the Shops and Storehouses where such commodities are and receive them for their use without buying or selling And as this Officer sees the particular Tradesmen to furnish the shops and Storehouses so they shall see that the Keepers of the shops and Storehouses be diligent to wait both to receive in and deliver out again according to the Law any commodity under their charge And if any Keeper of a Shop and Storehouse neglect his duty of his place through idleness or vain conversation or pride whereby just offence is given the Overseers shall admonish him and reprove him If he amend all is well if he doth not he shall give order to the Soldiers to carry him before the Peace-Makers Court and if he reform upon the reproof of that Court all is well but if he doth not reform he shall be sent unto by the Officers to appear before the Judges Court and the Judg shall pass Sentence That he shall be put out of that House and Employment and sent among the Husbandmen to work in the Earth And some other shall have his place and house till he be reformed Likewise this Overseer shall see to it That the Keepers of Shops and Storehouses do keep their Houses in sufficient repair and when any house wants repair the Keepers thereof shall speak to any of the Overseers for Trades and they shall appoint either Brick-Layers Masons Smiths or Carpenters forthwith to take the work in hand and finish it Fourthly All ancient men above sixty years of age are general Overseers And wheresoever they go and see things amiss in any Officer or Tradesman they shall call any Officer or others to account for their neglect of Duty to the Commonwealths Peace And these are called Elders And every one shall give humble respect to these as to Fathers and as to men of the highest experience in the Laws for the keeping of Peace in the Commonwealth And if these see things amiss and do speak all Officers and others shall assist and protect them to see the Laws carefully executed and every one that affronts or abuses these in words or deeds shall suffer punishment according to the sentence of the Judg. And all these shall be generall assistances and encouragers of all Officers in the doing the work of their places And the Reason of all is this That many eyes being watchfull the Laws may be obeyed for to preserve Peace But if any of these Elders should vent their passion or express envy against any one and set up his own will above the Law and do things contrary to Law upon complaint the Senators at the Judges Court shal examine the matter if he be faulty the Judge shal reprove him the first time but the second time he does so the Judge shall pronounce That he shal lose his Authoritie and never beare Office nor generall over-sight more while he lives onely he shal have respect as a man of Age What is the Office of a Souldier A Souldier is a Magistrate as well as any other Officer and indeed all State Officers are Souldiers for they represent power and if there were not power in the hand of Officers the spirit of rudeness would not be obedient to any Law or Government but their own wils Therefore every year shal be
chosen a Souldier like unto a Marshal of a City and being the chief he shall have divers Souldiers under him at his command to assist in case of need The work of a Souldier in times of Peace is to fetch in Offenders and to bring them before either Officer or Courts and to be a protection to the Officers against all disturbances The Souldier is not to do any thing without Order from the Officers but when he hath an Order then he is to act accordingly and he is to receive Orders from the Judges Court or from the Peace-makers Court or from Over-seers as need shall require If a Souldier hath brought an Offender before a Peace-maker and if the Offender will not be subject to the Law by his perswasion and the Peace-maker send him to the Judges Court if the offence be under matters of death the offender shal not be imprisoned in the mean time But the Peace-maker shal command him to appear before the Judges Court at the time appointed and the Offender shall promise to obey and this shal be for two Reasons First to prevent cruelty of Prisons Secondly in the time of his binding over he may remember himself and amend his wayes and by testimony of his own actions and neighbours reports his sentence may be mitigated by the Judge for it is amendment not destruction that Common-wealths Law requires And if this Offender run away from that Country to another and so both disobey the Peace-makers command and break his own promise of appearance then shall the Souldiers be sent forth into all places to search for him and if they catch him they should bring him before the Judge who shall pronounce sentence of death upon him without mercy And if any protect him or shelter him after hue and cry is made after him all such protectors shal suffer the losse of Freedome for twelve moneths time as is shewed hereafter what that is But if the offence should be matter of death then the Peace-maker shal take no promise from him for his appearance but let the Souldier carry him to Prison till the next Judges Court sits where he shall have his Tryall The Work of a Task-master The Work or Office of a Task-master is to take those into his over-sight as are sentenced by the Judge to lose their Freedome and to appoint them their work and to see they do it If they do their Tasks he is to allow them sufficient victuals and cloathing to preserve the health of their bodies But if they prove desperate wanton or idle and will not quietly submit to the Law the Task-master is to feed them with short dyet and to whip them for a rod is prepared for the fools back till such time as their proud hearts do bend to the Law And when he findes them subject he shal then carry a favourable hand towards them as to offending brethren and allow them sufficient diet and clothes in hopes of their amendment but withall see they do their work till by the sentence of the Law he be set free again The Task-master shal appoint them any kind of work or labour as he pleases that is to be done by man And if any of these Offenders run away there shal be hue and cry sent after him and he shal dye by the sentence of the Judge when taken again The Work of an Executioner If any have so highly broke the Laws as they come within the compasse of whiping imprisoning and death The Executioner shal cut off the head hang or shoot to death or whip the offender according to the sentence of Law Thus you may see what the work of every Officer in a Town or City is What is the work of a Judge The Law it self is the Judge of all mens actions yet he who is chosen to pronounce the Law is called Judge because he is the mouth of the Law for no single man ought to Judge or interpret the Law Because the Law it self as it is 〈◊〉 us in the letter is the mind and determination of the Parliament and of the people of the Land to be their Rule to walk by and to be the touch stone of all actions And that man who takes upon him to interpret the Law doth either darken the sence of the Law and so makes it confused and hard to he understood or else puts another meaning upon it and so lifts up himself above the Parliament above the Law and above all people in the Land Therefore the work of that man who is called Judge is to hear any matter that is brought before him and in all cases of difference between man and man he shall see the parties on both sides before him and shall hear each man speak for himself without a Fee'd Lawyer likewise he is to examine any witness who is to prove a matter in Tryal before him And then he is to pronounce the bare Letter of the Law concerning such a thing for he hath his name Judge not because his will and mind is to Judge the actions of offenders before him but because he is the mouth to pronounce the Law who indeed is the true Judge therefore to this Law and to this Testimonie let every one have a regard who intends to live in peace in the Commonwealth But from hence hath arose much misery in the Nations under Kindly Government in that the man called the 〈◊〉 hath been suffered to interpret the Law and when the mind of the Law the Judgment of the Parliament and the Government of the Land is resolved into the brest of the Judges this hath occasioned much complaining of Injustice in Judges in Courts of Justice in Lawyers and in the course of the Law it self as if it were an evil Rule Because the Law which was a certain Rule was varied according to the will of a covetous envious or proud Judg therefore no marvel though the Kingly Laws be so intricate and though few know which way the course of the Law goes because the sentence lies many times in the brest of a Judg and not in the letter of the Law And so the good Laws made by an industrious Parliament are like good Eggs layd by a silly Goose and as soon as she hath layd them she goes her way and lets others take them and never looks after them more so that if you lay a stone in her nest she will sit upon it as if it were an Egg. And so though the Laws be good yet if they be left to the will of a Judg to interpret the Execution hath many times proved bad And truly as the Laws and people of Nations have been abused by suffering men Judges to alter the sence by their Interpretation So likewise hath the Scriptures of Moses the Prophets Christ and his Apostles been darkened and confounded by suffering Ministers to put their Inferences and Interpretations upon them And surely both the Judges for the Law and the Ministers for Gods Word have
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
such as are not of your minde and having food and raiment therewith be content Now here is a trial for you whether you will be faithful to God and Christ in obeying his Laws or whether you will destroy the man-childe of true Freedom righteousness and peace in his resurrection And now thou wilt give us either the tricks of a Souldier Face about and return to Egypt and so declare thy self to be part of the Serpents seed that must bruise the heel of Christ or else to be one of the plain-hearted sons of promise or members of Christ who shall help to bruise the Serpents head which is Kingly oppression and so bring in everlasting righteousness and peace into the earth Well the eye is now open Store-houses shall be built and appointed in all places and be the common Stock There shall be Store-houses in all places both in the Country and in Cities to which all the fruits of the earth and other works made by Tradesmen shall be brought and from thence delivered out again to particular Families and to every one as they want for their use or else to be transported by Ship to other Lands to exchange for those things which our Land will not or does not afford For all the labours of Husbandmen and Trades-men within the Land or by Navigation to or from other Lands shall be all upon the common Stock And as every one works to advance the Common Stock so every one shall have a free use of any commodity in the Store-house for his pleasure and comfortable livelihood without buying and selling or restraint from any And having food and raiment lodging and the comfortable societies of his own kinde what can a man desire more in these days of his travel Indeed covetous proud and beastly-minded men desire more either to lie by them to look upon or else to waste and spoil it upon their lusts while other brethren live in straits for want of the use thereof But the Laws and faithful Officers of a free Commonwealth do regulate the unrational practice of such men There are two sorts of Store-houses general and particular The general Store-houses are such houses as receive in all commodities in the gross as all Barns and places to lay Corn and the fruits of the earth at the first reaping and these may be called Store-houses for Corn Flax Wool for Leather for Iron for linen and woollen Cloth or for any commodity that comes into our hand by Shipping from whence particular Family or Shop-keepers may fetch as they need to furnish their lesser shops So likewise herds of Cattel in the field flocks of Sheep and Horses are all common Store-houses so that from the Herds and Flocks every Family may fetch what they want for food or pleasure without buying and selling So likewise all Publike Dayries are Store-houses for Butter and Cheese yet every Family may have Cows for their own use about their own house And these general Store-houses shall be filled and preserved by the common labour and assistance of every Family as is mentioned in the Office of Overseer for Trades And from these Publike Houses which are the general stock of the Land all particular Trades-men may fetch materials for their particular work as they need or to furnish their particular dwellings with any commodities Secondly there are particular Store-houses or shops To which the Trades-men shall bring their particular works as all instruments of Iron to the Iron-shops Hats to shops appointed for them Gloves Shooes linen and woollen Cloth in smaller parcels to shops appointed for every one of them and the like Even as now we have particular trade in Cities and Towns called Shopkeepers which shall remaine still as they be only altered in their receiving in and delivering out for whereas by the Law of Kings or Conquerers they do receive in and deliver out by buying and selling and exchanging the Conquerers picture or stampe upon a piece of Gold or Silver for the fruits of the earth Now they shall by the Laws of the Commonwealth receive into their Sops and deliver out againe freely without buying and selling They shall receive in as into a Storehouse and deliver out againe freely as out of a common Store-house when particular persons or Familes come for any thing they need as now they do by buying and selling under kingly government For as particular Families and tradesmen do make several works more then they can make use of As Hats Shooes Gloves Stockings Linnen and Woolen cloth and the like and do carry their particular work to Store-houses So it is all reason and equity that they should go to other Store-houses and fetch any other commodity which they want and cannot make for as other men partakes of their labors it is reason they should pertake of other mens And all these Store-houses and Shops shall be orderly kept by such as shall be brought up to be waiters therein as is mentioned in the Office of Overseers for trades For as there are some men more ingenious to work so other men are more ingenious in keeping of Store-houses and Shops to receive in and deliver out commodities And all this easie work may be called waiting at such and such a Store-house As some may waite at Corn-houses some at linen and woolen houses some at Leather some at iron-shops and every general and particular commodity shall be known where they are by their houses and shops as it is at this day so that Townes and Cities and every Family almost are but Store-houses of one commodity or other for the uses of the Commonwealth or to transport to other lands Now this same free practice will kill covetousness pride and oppression for when men have a Law to buy and sell then as I said before the cuning cheaters get great estates by others mens labors and being rich thereby become oppressing Lords over their brethren which occasions all our troubles and wars in all Nations Come hither now all you who chalenge your brethren to deny Christ as though you were the only men that love Christ and would be true to him Here is a trial of your love can you be as ready to obey the law of liberty which is the command of Christ as you would have others to obey your Kingly laws of bondage It may be you will either storme or go away sorrowful does not Christ tell you that if you have food and rayment you should therewith be content and in this common freedome here will be food and rayment ease and pleasure plentiful both for you and your brethren so that none shall beg or starve or live in the straits of poverty and this fulfils that righteous law of Christ Do as you would be done by for that law of Christ can never be performed till you establish Common-wealths freedome Therefore now let it appear seeing the child is come to the birth whether you will receive Christ who is the spreading spirit
from the Law excepting in the Court of Parliament shall be cashiered his Office and never bear Office more 3. No man shall administer the Law for Mony or Reward he that doth shal dye as a Traytor to the Commonwealth for when Mony must buy and sell Justice and bear all the sway there is nothing but Oppression to be expected 4. The Laws shall be read by the Minster to the people four times in the year viz. every quarter that every one may know whereunto they are to yeeld Obedience then none may dye for want of knowledg 5. No accusation shall be taken against any man unless it be proved by two or three witnesses or his own confession 6. No man shall suffer any punishment but for matter of fact or Reviling words but no man shall be troubled for his judgment or practise in the things of his God so he live quiet in the Land 7. The accuser and accused shall always appear face to face before any Officer that both sides may be heard and no wrong to either party 〈◊〉 8. If any Judg or Officer execute his own Will contrary to the Law or which there is no Law to warrant him in he shall be cashiered and never bear Office more 9. He who raises an accusation against any man and cannot prove it shall suffer the same punishment the other should if proved An Accusation is when one man complains of another to an Officer all other accusations the Law takes no notice of 10. He who strikes his Neighbor shall be struck himself by the Executioner blow for blow and shall lose eye for eye tooth for 〈◊〉 limb for limb life for life and the reason is that men may be tender of one anothers bodies doing as they would be done by 11. If any man strike an Officer he shall be made a servant under the Taskmaster for a whole year 12. He who endevo s to stir up contention among neighbors by tale-bearing or false reports shall the first time be reproved openly by the Overseers among all the people the second time shall be whiped the third time shall be a servant under the Taskmaster for three Months and if he continues he shall be a servant for ever and lose his Freedom in the Commonwealth 13. If any give reviling and provoking words whereby his neighbors spirit is burthened if complaint be made to the Overseers they shall admonish the offender privately to forbear if he continues to offend his neighbor the next time he shall be openly reproved and admonished before the Congregation when met together if he continue the third time he shall be whipt the fourth time if proof be made by witnesses he shall be a servant under the Taskmaster for twelve Months 14. He who will rule as a Lord over his brother unless he be an Officer commanding obedience to the Law he shall be admonished as aforesaid and receive like punishment if he continue Laws for the planting of the Earth c. 15. Every houshold shall keep all Instruments and Tools fit for the 〈◊〉 of the Earth either for planting reaping or threshing Some households which have many men in them shall keep Plows Carts Harrows and such like other housholds shall keep Spades Pick-axes Axes pruning hooks and such like according as every Family is furnished with men to work therewith And if any Master or Father of a Family be negligent herein the Overseer for that Circuit shall admonish him between them two if he continue negligent the Overseers shall reprove him before all the people and if he utterly refuse then the ordering of that Family shall be given to another and he shall be a servant under the taskmaster till he conform 16. Every family shall come into the field with sufficient assistance at seed time to plow dig and plant and at harvest time to reap the fruits of the Earth and 〈◊〉 them into the Store-houses as the Overseers order the work and the number of workmen And if any refuse to assist in this work The Overseers shall ask the reason and if it be sickness or any distemper that hinders them they are freed from such service if meer idleness keep them back they are to suffer punishment according to the Laws against 〈◊〉 Laws against Idleness 17. If any refuse to learn a trade or refuse to work in seed-time or harvest or refuse to be a Waiter in Store-houses and yet will feed and clothe himself with other mens labors The Overseers shall first admonish him privately if he continue idle he shall be reproved openly before all the people by the Overseers and shall be forbore with a moneth after this reproof If he still continues idle he shall then be whipt and be let go at liberty for a moneth longer if still he continue idle he shall be delivered into the task-masters hand who shall set him to work for twelve moneths or till he submit to right Order And the reason why every young man shall be trained up in some work or other is to prevent pride and contention it is for the health of their bodies it is a pleasure to the minde to be free in labors one with another and it provides plenty of food and all necessaries for the Common-wealth Laws for Store-houses 18. In every Town and City shall be appointed Store-houses for flax wool lether cloth and for all such commodities as come from beyond Seas and these shall be called general Store-houses from whence every particular family may fetch such commodities as they want either for their use in their house or for to work in their trades or to carry into the Country Store-houses 19. Every particular house and shop in a town or city shall be 〈◊〉 Store-house or shop as now they be and these shops shall either be furnished by the particular labor of that family according to the trade that family is of or by the labor of other lesser families of the same trade as all shops in every town are now furnished 20. The waiters in Store-houses shall deliver the goods under their charge without receiving any money as they shall receive in their goods without paying any money 21. If any waiter in a Store-house neglect his office upon a just complaint the Overseers shall acquaint the Judges Court therewith and from thence he shall receive his sentence to be discharged that house and office And to be appointed some other laboring work under the taskmaster and another shall have his place For he who may live in freedom and will not is to taste of servitude Laws for Overseers 22. The onely work of every Overseer is to see the Laws executed for the Law is the true magistracy of the Land 23. If any Overseer favour any in their idleness and neglect the execution of the Laws he shall be reproved the first time by the Judges Court the second time cashiered his Office and shall never bear office more but fall back into the rank of