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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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free Commonwealth Now saith the whisperings of the people The inferior Tenants and Laborers bears all the burdens in laboring the Earth in paying Taxes and Free-quarter beyond their strength and in furnishing the Armies with Souldiers who bear the greatest burden of the War and yet the Gentry who oppress them and that live idle upon their labours carry away all the comfortable livelyhood of the Earth For is not this a common speech among the people We have parted with our Estates we have lost our Friends in the Wars which we willingly gave up because Freedom was promised us and now in the end we have new Task-masters and our old burdens increased and though all sorts of people have taken an Engagement to cast out Kingly Power yet Kingly Power remains in power still in the hands of those who have no more right to the Earth then our selves For say the people If the Lords of Manors and our Task-masters hold Title to the Earth over us from the old Kingly power behold that power is beaten and cast out And two Acts of Parliament are made The one to cast out Kingly power back'd by the Engagement against King and House of Lords The other to make England a free Commonwealth And if Lords of Mannors lay claim to the earth over us from the Armies Victories over the King then we have as much right to the Land as they because our labours and blood and death of friends were the purchasers of the Earths freedome as well as theirs And is not this a slavery say the People That though there be Land enough in England to maintain ten times as many people as are in it yet some must beg of their brethren or work in hard drudgery for day wages for them or starve or steal and so be hanged out of the way as men not fit to live in the earth before they must be suffered to plant the waste land for their livelihood unlesse they will pay Rent to their brethren for it wel this is a burthen the Creation groans under and the subjects so called have not their Birth-right Freedomes granted them from their brethren who hold it from them by club law but not by righteousness And who now must we be subject to seeing the Conqueror is gone I Answer we must either be subject to a Law or to mens wils If to a Law then all men in England are subjects or ought to be thereunto but what Law that is to which every one ought to be subject is not yet established in execution If any say the old Kings Laws are the Rule then it may be Answered That those Laws are so full of confusion that few knows when they obey and when not because they were the Laws of a Conqueror to hold the people in subjection to the will of the Conqueror therefore that cannot be the rule for every one besides we dayly see many actions done by State Officers which they have no Law to justifie them in but their Prerogative will And again if we must be subject to men then what men must we be subject to seeing one man hath as much right to the earth as another for no man now stands as a Conqueror over his Brethren by the Law of righteousness You will say We must be subject to the Ruler it is true but not to suffer the Rulers to call the Earth theirs and not ours for by so doing they betray their trust and run into the line of 〈◊〉 and we lose our freedome and from thence 〈◊〉 and Wars arise A Ruler is worthy double honour when he rules well that is when he himself is subject to the Law and requires all others to be subject thereunto and makes it his work to see the Laws obeyed and not his own will and such Rulers are faithfull and they are to be subjected unto us therein for all Commonwealths Rulers are servants to not Lords and Kings over the people But you will say Is not the Land your brothers and you cannot take away 〈◊〉 mans Right by claiming a share therein with him I Answer It is his either by creation right or by right of Conquest If by Creation right he call the earth his and not mine then it is mine as well as his for the Spirit of the whole Creation who made us both is no respecter of persons And if by Conquest he call the earth his and not mine it must be either by the Conquest of the Kings over the Commoners or by the Conquest of the Commeners over the Kings If he claim the earth to be his from the Kings Conquest The Kings are beaten and cast out and that title is undone If he claim Title to the earth to be his from the Conquest of the Commoners over the Kings then I have right to the Land as well as my brother for my brother without me nor I without my brother did not cast out the Kings but both together assisting with person and purse we prevailed so that I have by this Victory as equall a share in the earth which is now redeemed as my brother by the Law of righteousnesse If my brother still say he will be Landlord through his covetous ambition and I must pay him Rent or else I shall not live in the Land then does he take my right from me which I have purchased by my money in Taxes free quarter and blood And O thou Spirit of the whole Creation who hath this Title to be called King of Righteousness and Prince of Peace judge thou between my brother and me Whether this be righteous c. And now say the people is not this a grievous thing that our brethren that will be Landlords right or wrong will make Laws and call for a Law to be made to imprison crush nay put to death any that denies God Christ and Scripture and yet they will not practise that golden Rule Do to another as thou wouldst have another do to thee which God Christ and Scriptures hath Enacted for a Law are not these men guilty of death by their own Law which is the words of their own mouth is it not a flat denyall of God and Scripture O the confusion and thick darkness that hath over-spread our Brethren is very great I have no power to remove it but lament it in the secrets of my heart when I see Prayers Sermons Fasts Thanksgiving directed to this God in words and-shews and when I come to look for actions of obedience to the Righteous Law suitable to such a profession I finde them men of another Nation saying and not doing like an old Courtier saying Your Servant when he was an Enemy I wil say no more but groan and waite for a restoration Thus Sir I have reckoned up some of those burdens which the people groan under And I being sensible hereof was moved in my self to present this Platform of Commonwealths Government unto you wherein I have declared a full Commonwealths Freedome
Magistracy of a Commonwealth and they do not act righteously and because of this sorrows and tears poverty and bondages are known among Mankinde and now that City mourns And surely if it be carefully looked into the necessity of the people never chose such Officers but they were either voluntary Soldiers 〈◊〉 Officers chosen by them who ran before they were called and so by policy and force they sat down in the chair of Government strengthening one sort of people to take the free use of the Earth from another sort and these are sons of bondage and they act in darkness by reason whereof the Prophet Esay cries out Darkness hath covered the Earth and thick darkness the people for the Leaders of the people have caused them to err I fear so O England c. All Officers in a Commonwealth are to be chosen new ones every year When publique Officers remain long in place of Judicature they will degenerate from the bounds of humility honesty and tender care of brethren in regard the heart of man is so subject to be overspred with the clouds of covetousness pride and vain-glory for though at the first entrance into places of Rule they be of publique spirits seeking the Freedom of others as their own yet continuing long in such a place where honors and greatness is coming in they become selfish seeking themselves and not common Freedom as experience proves it true in these days according to this common Proverb Great Offices in a Land and Army have changed the disposition of many sweet spirited men And Nature tells us That if water stand long it corrupts whereas running water keeps sweet and is fit for common use Therefore as the necessity of common preservation moves the people to frame a Law and to chuse Officers to see the Law obeyed that they may live in peace So doth the same Necessity bid the People and cries aloud in the ears and eyes of England to chuse new Officers and to remove the old ones and to chuse State-Officers every year And that for these Reasons First To prevent their own evils for when pride and fulness take hold of an Officer his eyes are so blinded therewith that he forgets he is a servant to the Commonwealth and strives to lift up himself high above his Brethren and oftentimes his Fall proves very great witness the Fall of oppressing Kings Bishops and other State-Officers Secondly To prevent the creeping in of Oppression into the Commonwealth again for when Officers grow proud and full they will maintain their greatness though it be in the poverty ruine and hardship of their Brethren Witness the practice of Kings and their Laws that have 〈◊〉 the Commoners of England a long time And have we not experience in these days that some Officers of the Commonwealth are grown so mossy for want of removing that they will hardly speak to an old acquaintance if he be an inferior man though they were very familiar before these Wars began c. And what hath occasioned this distance among friends and brethren but long continuance in places of honour greatness and riches Thirdly Let Officers be chosen new every year in love to our posterity for if Burthens and Oppressions should grow up in our Laws and in our Officers for want of removing as Moss and Weeds grow in some Land for want of stirring surely it will be a foundatian of misery not easily to be removed by our posterity and then will they curse the time that ever we their fore-fathers had opportunities to set things to rights for their ease and would not do it Fourthly To remove Officers of State every year will make them truly faithful knowing that others are coming after who will look into their ways and if they do not do things justly they must be ashamed when the next Officers succeed And when Officers deal faithfully in the Government of the Commonwealth they will not be unwilling to remove The Peace of London is much preserved by removing their Officers yearly Fifthly It is good to remove Officers every year that whereas many have their portions to obey so many may have their turns to rule and this will encourage all men to advance Righteousness and good Manners in hopes of Honor but when money and riches bears all the sway in the Rulers hearts there is nothing but Tyranny in such ways Sixthly The Commonwealth hereby will be furnished with able and experienced men fit to govern which will mightily advance the Honor and Peace of our Land occasion the more watchful care in the Education of children and in time will make our Commonwealth of England the Lilly among the Nations of the Earth Who are fit to choose and fit to be chosen Officers in a Commonwealth All uncivil livers as drunkards quarrelers fearful ignorant men who dare not speak truth lest they anger other men likewise all who are wholly given to pleasure and sports or men who are full of talk all these are empty of substance and cannot be experienced men therefore not fit to be chosen Officers in a Commonwealth yet they may have a voyce in the choosing Secondly All those who are interessed in the Monarchial Power and Government ought neither to choose nor be chosen Officers to manage Commonwealths Affairs for these cannot be friends to common Freedom And these are of two sorts First Such as have either lent money to maintain the Kings Army or in that Army have been Souldiers to fight against the recovering of common Freedom these are neither to choose nor be chosen Officers in the Commonwealth as yet for they have lost their Freedom yet I do not say that they should be made servants as the conquered usually are made servants for they are our brethren and what they did no doubt they did in a conscionable zeal though in ignorance And seeing but few of the Parliaments friends understand their Common Freedoms though they own the name Commonwealth therefore the Parliaments party ought to bear with the ignorance of the Kings party because they are brethren and not make them servants though for the present they be suffered neither to choose nor be chosen Officers left that ignorant spirit of revenge break out in them to interrupt our common Peace Secondly All those who have been so hasty to buy and sell the Common-wealths Land and so to entangle it upon a new accompt ought neither to choose nor be chosen Officers for hereby they declare themselves either to be for Kingly Interest or else are ignorant of Commonwealths Freedom or both therefore unfit to make Laws to govern a free Commonwealth or to be Overseers to see those Laws executed What greater injury could be done to the Commoners of England then to sell away their Land so hastily before the people knew where they were or what Freedom they had got by such cost and bloodshed as they were at And what greater ignorance could be declared by Officers then to sell
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
Laws and to give Orders Encouragements and Directions unto the poor oppressed people of the Land that they forthwith plant and manure this their own Land for the free and comfortable livelyhood of themselves and posterities And to declare to them it is their own Creation rights faithfully and couragiously recovered by their diligence purses and blood from under the Kingly Tyrants and Oppressors Power The work of a Parliament secondly Is to abolish all old Laws and Customs which have been the strength of the Oppressor and to prepare and then to enact new Laws for the ease and Freedom of the people but yet not without the peoples knowledg For the work of a Parliament herein is three-fold First When old Laws and Customs of the Kings do burden the people and the people desire the remove of them and the establishment of more easie Laws It is now the work of a Parliament to search into Reason and Equity how relief may be found out for the people in such a case and to preserve a common Peace and when they have found out a way by debate of Councel among themselves whereby the people may be relieved they are not presently to establish their Conclusions for a Law But in the next place they are to make a publike Declaration thereof to the people of the Land who choose them for their approbation and if no Objection come in from the people within one moneth they may then take the peoples silence as a consent thereto And then in the third place they are to enact it for a Law to be a binding Rule to the whole Land For as the remove of the old Laws and Customs are by the peoples consent which is proved by their frequent 〈◊〉 and Requests of such a thing so the enacting of new Laws must be by the Peoples consent and knowledg likewise And here they are to require the consent not of men interessed in the old oppressing Laws and Customs as Kings used to do but of them who have been oppressed And the Reason is this Because the people must be all subject to the Law under pain of punishment therefore it is all reason they should know it before it be enacted that if there be any thing of the Councel of Oppression in it it may be discovered and amended But you will say If it must be so then will men so differ in their judgments that we shall never agree I answer There is but Bondage and Freedom particular Interest or common Interest and he who pleads to bring in particular interest into a free Commonwealth will presently be seen and cast out as one bringing in Kingly Slavery again And men in place and office where greatness and honor is coming in may sooner be corrupted to bring in particular Interest then a whole Land can be who must either suffer sorrow under a burthensom Law or rejoyce under a Law of Freedom And 〈◊〉 those men who are not willing to enslave the People will not be unwilling to consent hereunto The work of a Parliament thirdly Is to see all those burthens removed actually which have hindered or do hinder the oppressed People from the enjoyment of their Birth-Rights If their Common Lands be under the Oppression of Lords of Manors they are to see the Land freed from that Slavery If the Commonwealths Land be sold by the hasty Councel of subtil covetous and ignorant Officers who act for their own particular Interest and so hath entangled the Commoners Land again under colour of being bought and sold A Parliament is to examine what Authority any had to sell or buy the Commonwealth Land without a general consent of the People for it is not any ones but every ones Birth Right And if some through covetousness and self interest gave 〈◊〉 privately yet a Parliament who is the Father of a Land ought not to give consent to buy and sell that land which is all the childrens Birth-Right and the price of their labors monies and blood They are to declare likewise that the birgain is unrighteous and that the Buyers and Sellers are Enemies to the Peace and Freedom of the Commonwealth For indeed the Necessity of the people chose a Parliament to help them in their weakness and where they see a danger like to impoverish or enslave one part of the people to another they are to give warning and so prevent that danger for they are the Eyes of the Land And surely those are blinde Eyes that lead the People into Bogs to be entangled in Mud again after they are once pulled out And when the Land is once freed from the Oppressors Power and Laws a Parliament is to keep it so and not suffer it by their consent to have it bought or sold and so entangled in bondage upon a new account And for their faithfulness herein to the People the People are engaged by Love and Faithfulness to cleave close to them in defence and protection But when a Parliament have no care herein the hearts of the People run away from them like sheep who have no Shepherd All grievances are occasioned either by the covetous Wills of State-Officers who neglect their obedience to the good Laws and then prefer their own Ease Honor and Riches before the Ease and Freedom of the oppressed People And here a Parliament is to cashier and punish those Officers and place others who are men of publique spirits in their rooms Or else the Peoples Grievances arise from the practise and power that the Kings Laws have given to Lords of Manors covetous Landlords Tythe-takers or unbounded Lawyers being all strengthened in their oppressions over the People by that Kingly Law And when the people are burthened herewith and groan waiting for deliverance as the oppressed people of England do at this day it is then the work of a Parliament to see the people delivered and that they enjoy their Creation-Freedoms in the Earth They are not to dally with them but as a Father is ready to help his children out of misery when they either see them in misery or when the children cry for help so should they do for the oppressed People And surely for this end and no other is a Parliament chosen as is cleared before for the Necessity of common preservation and peace is the Fundamental Law both to Officers and People The Work of a Parliament fourthly is this If there be occasion to raise an Army to wage War either against an Invasion of a Forreign Enemy or against an Insurrection at home it is the work of a Parliament to manage that business for to preserve common Peace And here their work is three-fold First To acquaint the people plainly with the cause of the War and to shew them the danger of such an Invasion or Insurrection and so from that cause require their assistance in person for the preservation of the Laws Liberties and Peace of the Commonwealth according to their Engagement when they were chosen which