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land_n custom_n lord_n tenant_n 2,040 5 9.9393 5 true
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A96688 An appeale to all Englishmen, to judge between bondage and freedome, sent from those that began to digge upon George Hill in Surrey; but now are carrying on, that publick work upon the little heath in the parish of Cobham, neare unto George Hill, wherein it appeares, that the work of digging upon the commons, is not onely warranted by Scripture, but by the law of the Common-wealth of England likewise. Winstanley, Gerrard, b. 1609. 1650 (1650) Wing W3039; Thomason 669.f.15[23]; ESTC R211368 6,605 1

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cast him out and keepes the field By vertue of which victory both the Title of the King and the Title of Lords of Mannors to the Land as Conquerors is lost And the Land now is as free to others as to them yea according to Davids Law to them that staid at home with the stuffe as to them that went our to warre And by this victory England is made a free Common-wealth And the common Land belongs to the younger Brother as the Enclosures to the elder Brother without restraint Then Thirdly The Parliament since this victory have made an Act or Law to make England a free Common-wealth And by this Act they have set the People free from King and House of Lords that ruled as Conquerors over them and have abolished their self will and murdering Lawes with them that made them Likewise they have made another Act or Law to cast out Kingly Power wherein they free the People from yielding obedience to the King or to any that holds claiming under the King Now all Lords of Mannours Tything Priests and imptopriators hold claiming or Title under the King but by this Act of Parliament we are freed from their Power Then lastly The Parliament have made an Engagement to maiutain this present Common-wealths Government comprised within those Acts or Lawes against King and House of Lords And calles upon all Officers Tenants and all sort of People to subscribe to it declaring that those that refuse to subscribe shall have no priviledge in the Common-wealth of England nor protection from the Law Now behold all Englishmen that by vertue of these 2. Lawes and the Engagement the Tenants of Copyholds are freed from obedience to their Lords of Mannors and all poor People may build upon and plant the Commons and the Lords of Mannours break the Lawes of the Land the Engagement still uphold the Kingly and Lordly Norman Power if they hinder them or seek to beat them of from planting the Commons Neither can the Lords of Mannors compell their Tenants of Copy-holds to come to their Court-Barons nor to be of their Juries nor take an Oath to be true to them nor to pay fines Heriots quit-rent nor any homage as formerly while the King and Lords were in their power And if the Tenants stand up to maintain their Freedom against their Lords oppressing power the Tenants forfeit nothing but are protected by the Laws and Engagement of the Land And if so be that any poor men build them houses and sow Corne upon the Commons the Lords of Mannors cannot compell their Tenants to beat them of And if the Tenants refuse to beat them off they forfeit nothing but are protected by the Lawes and Engagement of the Land But if so be that any fearfull or covetous Tenant do obey their Court-Barons and will be of their Jury and will still pay Fines Heriots quit-Rents or any homage as formerly or take new Oaths to be true to their Lords or at the Command of their Lords do beat the poor men off from planting the Commons then they have broke the Engagement and the Law of the Land and both Lords and Tenants are conspiring to uphold or bring in the Kingly and Lordly Power again and declare themselves enemies to the Army and to the Parliament and are traytors to the Commonwealth of England And if so be they are to have no protection of the Lawes that refused to tak the Engagement surely they have lost their protection by breaking their Engagement and stand lyable to answer for this their offence to their great charge and trouble if any will prosecute against them Therefore you English men whether Tenants or labouring men do not enter into a new bond of slavery now you are come to the point that you may be free if you will stand up for freedom for the Army hath purchased your freedom The Parliament hath declared for your freedom and all the Lawes of the Commonwealth are your protection so that nothing is wanting on your part but courage and faithfulness to put those Lawes in execution and to take possession of your own Land which the Norman Power took from you and hath kept from you about 600. yeares which you have now recovered out of his hand And if any say that the old Lawes and Customes of the Land are against the Tenant and the poor and intitle the Land onely to the Lords of Mannours still I answer all the old Lawes are of no force for they are abolished when the King and House of Lords were cast out And if any say I but the Parl made an Act to establish the old Lawes I answer this was to prevent a sudden rising upon the cutting off the Kings head but afterwards they made these 2. Lawes to cast out Kingly Power and to make England a Commonwealth And they have confirmed these 2. by the Engagement which the People now generally do own and subscribe therefore by these Acts of freedom they have abolished that Act that held up bondage Well by these you may see your freedom and we hope the Gentry hereafter wil cheat the poor no longer of their Land and we hope the Ministers hereafter will not tell the poor they have no right to the Land for now the Land of England is and ought to be a common Treasury to all Englishmen as the severall portions of the Land of Canaan were the common Livelihood to such and such a Tribe both to elder and younger Brother without respect of persons If you deny this you deny the Scriptures And now we shall give you some few encouragements out of many to move you to stand up for your freedom in the Land by acting with Plow and Spade upon the Commons 1. By this meanes within a short time there will be no begger nor idle person in England which will be the glory of England and the glory of that Gospel which England seemes to professe in words 2. The wast and common Land being improve will bring in plenty of all Commodities and prevent famine and pull down the prizes of Corne to 12 d. a Bushel or lesse 3. It will prove England to be the first of Nations or the tenth part of the City Babylon And divers others that were not present when this went to the Presse which falls off from the covetous beastly Government first and that sets the Crown of freedom upon Christs head to rule over the Nations of the world and to declare him to be the joy and blessing of all Nations This should move all Governours to strive who shall be the first that shall cast down their Crownes Scepters and Government at Christs feete and they that will not give Christ his own glory shall be shamed 4. This Commonwealths freedom will unite the hearts of Englishmen together in love so that if a forraign enemy endeavour to come in we shall all with joynt consent rise up to defend our Inheritance and shall be true one to another Whereas now the poor see if they fight and should conquer the Enemy yet either they or their Children are like to be slaves still for the Gentrey will have all And this is the cause why many run away and faile our Armies in the time of need And so through the Gentries hardness of heart against the poor The Land may be left to a forraigne enemy for want of the poores love sticking to them for say they we can as well live under a forraign enemy working for day wages as under our own brethren with whom we ought to have equal freedom by the Law of righteousness 5. This freedom in planting the common Land will prevent robbing stealling and murdering and Prisons will not so mightily be filled with Prisoners and thereby we shall prevent that hart-breaking spectacle of seeing so many hanged every Sessions as there are And surely this imprisoning and hanging of men is the Norman power still and cannot stand with the freedom of the Common-wealth nor warranted by the Engagement for by the Lawes and Engagement of the Commonwealth none ought to be hanged nor put to death for other punishments may be found out And those that do hang or put to death their fellow Englishmen under colour of Lawes do break the Lawes and the Engagement by so doing and casts themselves from under the protection of the Commonwealth and are traytors to Englands freedom and upholders of the Kingly murdering power 6. This freedom in the common earth is the poorers right by the Law of Creation and equity of the Scriptures for the earth was not made for a few but for whole Mankind for God is no respector of Persons * Now these few Considerations we offer to all England and we appeale to the judgement of all rational and righteous men whether this we speak be not that substantiall Truth brought forth into action which Ministers have preached up and all religious men have made profession of for certainly God who is the King of righteousness is not a God of words only but of deedes for it is the badge of hypocrisie for a man to say and not to do Therefore we leave this with you all having peace in our hearts by declaring faith fully to you this light that is in us and which we do not onely speake and write but which we do easily act practise Likewise we write it as a Letter of congratulation and encouragement to our dear fellow Englishmen that have begun to digge upon the Commons thereby taking possession of their freedom in Willinborow in Northamptonshire And at CoxHall in Kent waiting to see the chains of flavish fear to break and fall off from the hearts of others in other Countries till at last the whole Land is filled with the knowledge righteousness of the restoring power which is Christ himself Abrahams seed who will spread himself til he become the joy of all Nations Jerard Winstanley Richard Maidley Thomas James John Dickins John Palmer John South Elder Nathaniel Helcomb Thomas Edcer Henry Barton John South Jacob Heard Thomas Barnat Anthony Wren John Hayman William Hitchcock Henry Hancocke John Batty Thomas Starre Thomas Adams John Coulton Thomas South Robert Saycar Daniel Freland Robert Draper Robert Coster March 26. 1650.