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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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young people and servants to be a worker 24. New Overseers shall at their first entrance into their office look back upon the actions of the old Overseers of the last year to see if they have been faithful in their places and consented to no breach of Law whereby Kingly bondage should any ways be brought in 25. The Overseers for Trades shall see every family to lend assistance to plant and reap the fruits of the Earth to work in their Trades and to furnish the Store-houses and to see that the Waiters in Store-houses be diligent to receive in and deliver out any goods without buying and selling to any man whatsoever 26. While any Overseer is in the performance of his place every one shall assist him upon pain of open reproof or cashiered if he be another Officer or forfeiture of freedom according to the nature of the business in hand in which he refused his assistance Laws against buying and selling 27. If any man entice another to buy and sell and he who is enticed doth not yield but makes it known to the Overseer the enticer shall lose his freedom for twelve moneths the Overseer shal give words commendation of him that refused the enticement before all the Congregation for his faithfulness to the Common-wealths Peace 28. If any do buy and sell the Earth or fruits thereof unless it be to or with 〈◊〉 of another nation according to the Law of Navigation they shall be both put to death as traytors to the peace of the Common-wealth because it brings in Kingly bondage again and is the occasion of all quarrels and oppressions 29. He or she who calls the Earth his and not his brothers shall be set upon a stool with those words written in his forehead before all the Congregation and afterwards be made a servant for twelve moneths under the taskmaster If he quarrel or seek by secret perswation or open rising in arms to set up such a Kingly propriety he shall be put to death 30. The Storehouses shall be every mans substance and not any ones 31. No man shall either give hire or take hire for his work for this brings in Kingly bondage If any Freemen want help there are young people or such as are common servants to do it by the Overseers appointment He that gives and he that takes hire for work shall both lose their Freedom and become servants for twelve Months under the Taskmaster Laws for Navigation 32. Because other Nations as yet own Monarchy and will buy and sell therefore it is convenient for the peace of our Commonwealth That our ships do transport our English goods and exchange for theirs and conform to the Customs of other Nations in buying and selling Always provided That what goods our ships carry out they shall be the Commonwealths goods and all their Trading with other Nations shall be upon the common Stock to enrich the Storehouses Laws for Silver and Gold 33. As Silver and Gold is either found out in Mynes in our own Land or brought by shipping from beyond Sea it shall not be coyned with a Conquerors stamp upon it to set up buying and selling under his name or by his leave for there shall be no other use of it in the Common-wealth then to make dishes and other necessaries for the ornament of houses as now there is use made of Brass Pewter and Iron or any other Metal in their use But if in case other Nations whose commodities we want will not exchange with us unless we give them money then pieces of Silver and Gold may be stamped with the Commonwealths Arms upon it for the same use and no otherwise For where money bears all the sway there is no regard of that golden Rule Do as you would be done by Justice is bought and sold nay Injustice is sometimes bought and sold for money and it is the cause of all Wars and Oppressions And certainly the righteous Spirit of the whole Creation did never enact such a Law That unless his weak and simple men did go from England to the East Indies and fetch Silver and Gold to bring in their hands to their Brethren and give it them for their good-will to let them plant the Earth and live and enjoy their livelyhood therein Laws to choose Officers 34. All Overseers and State-Officers shall be chosen new every year to prevent the rise of Ambition and Covetousness for the Nations have smarted sufficiently by suffering Officers to continue long in an Office or to remain in an Office by hereditary succession 35. A man that is of a turbulent spirit given to quarreling and provoking words to his neighbor shall not be chosen any Officer while he so continues 36. All men from twenty years of age upwards shall have freedom of voyee to choose Officers unless they be such as lie under the sentence of the Law 37. Such shall be chosen Officers as are rational men of moderate conversation and who have experience in the Laws of the Commonwealth 38. All men from forty years of age upwards shal be capable to be chosen State Officers and none younger unless any one by his industry and moderate conversation doth move the people to choose him 39. If any man make suit to move the people to choose him an Officer that man shall not be chose at all that time If another man perswade the people to choose him who makes suit for himself they shall both lose their freedom at that time viz they shall neither have a voyce to choose another nor be chosen themselves Laws against Treachery 40. He who professes the service of a righteous God by preaching and prayer and makes a Trade to get the possessions of the Earth shall be put to death for a Witch and a Cheater 41. He who pretends one thing in words and his actions declare his intent was another thing shall never bear Office in the Commonwealth What is Freedom Every Freeman shall have a Freedom in the Earth to plant or build to fetch from the Store-houses any thing he wants and shall enjoy the fruits of his labours without restraint from any he shall not pay Rent to any Landlord and he shall be capable to be chosen any Officer so he be above forty years of age and he shall have a voyce to choose Officers though he be under forty years of age If he want any young men to be Assistance to him in his Trade or houshold employment the Overseers shall appoint him young men or maids to be his servants in his family Laws for such as have lost their Freedom 42. All those who have lost their Freedom shall be clothed in white woolen cloth that they may be distinguished from others 43. They shall be under the Government of a Task-master who shall appoint them to be Porters or Laborers to do any work that any Freeman wants to be done 44. They shall do all kind of labour without exception but their constant
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