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A96693 An humble request, to the ministers of both Universities, and to all lawyers in every Inns-a-Court To consider of the scriptures and points of law herein mentioned, and to give a rational and christian answer, whereby the difference may be composed in peace, between the poor men of England, who have begun to digge, plow, and build upon the common land, claiming it their own, by right of creation. And the lords of mannours that trouble them, who have no other claiming to Commons, then the Kings will, or from the power of the conquest, and if neither minister nor lawyer, will undertake a reconciliation in this case, for the beauty of our Common-Wealth. Then we appeale, to the stones, timber, and dust of the earth you tread upon, to hold forth the light of this business, questioning not, but that power that dwells every where, will cause light to spring out of darkness, and freedom out of bondage. By Gerard Winstanley. Winstanley, Gerrard, b. 1609. 1650 (1650) Wing W3044; ESTC R233004 13,389 20

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An Humble REQUEST TO THE Ministers of both Universities AND TO ALL Lawyers in every Inns-a-Court TO Consider of the Scriptures and points of Law herein mentioned and to give a rational and christian Answer whereby the difference may be composed in peace between the poor men of England who have begun to digge plow and build upon the common Land claiming it their own by right of Creation AND The Lords of Mannours that trouble them who have no other claiming to Commons then the Kings will or from the Power of the CONQUEST AND If neither Minister nor Lawyer will undertake a reconciliation in this case for the beauty of our Common-wealth Then we appeale to the Stones Timber and dust of the Earth you tread upon to hold forth the light of this business questioning not but that Power that dwells every where will cause light to spring out of darkness and Freedom out of Bondage By GERARD WINSTANLEY 1 Cor. 6. 5. I speak to your shame Is it so that there is not a wise man among you no not one that shall be able to judge between his Brethren LONDON Printed by J. C. And are to be sold at the two Bibles at the West end of Pauls Church-yard 1650. TO THE READER THe occasion of the publication of this Request to the Ministers and Lawyers was this Upon a discourse between Parson Plat Lord of the mannor of Cobham and Gerard winstanley about the matter of digging upon the Commons in his Lordship Mr. Plat did promise and engage himself with loving expressions and words savouring of much moderation tenderness and reason that if Gerard Winstanley could prove by Scriptures the lawfulnesse of the work that is that the earth was made to be a common Treasury and ought to remain so to whole Mankind without respect of persons That he would never hereafter molest the Diggers but quietly suffer them to build and plant the Commons in his Lordship And that he would bring in his Estate and become one in that community This which here followes is a Copy of those Scriptures I delivered to him which he had not then time to read over but upon discourse at the same time upon the same Scriptures he did not gain-say but by his words of Gentleness declared a condescension to the light of that universall freedom held forth thereby to Mankind For the present I offer this to the consideration of all rational and Christian-spirited men to judge in the case And according as Mr. Plat gives answer I shall be as ready to declare and publish For the present farewell per me GERARD WINSTANLEY To the Ministers of both Vniversities and the Lawyers of every Inns-a-Court Gentlemen Brethren and Englishmen YOu all heare of the difference between Lords of M●nnours and the poor People of England The poor people say the common Land is their due by right of Creation and by the Lawes of a Common-wealth And being encouraged herefrom do build houses and plant them corn for their Livelihood upon the Commons and wast Land that they may live like men in their right of Creation and that they may enjoy the benefit of a free Common-wealth as they are Englishmen The Lords of Mannours say it is not their Creation-right thereupon beat them pull down their houses and much abuse them pushing the poor with their hornes of power like unrational Beasts And though the difference rise higher and higher between them both in point of Conscience and point of Law yet hitherto there does not any appear to reconcile the difference But Gentlemen let it not be said hereafter among posterity but that there were some wise men among you that were not blinded by passion covetousness and self-interest but that you would adventure to speak for righteousness and that took the cause of the poor into your hands This difference between Lords of Mannours and the poor about the common Land is the greatest controversie that hath rise up this 600. yeares past If reason and righteousness which is the foundation of Scriptures and just Lawes do give it us let us have our freedom quietly if neither reason nor righteousness give us this freedom we will lie still and never trouble you more Therefore I leave these following Scriptures and Considerations to you and rest A fellow-Commoner of England and true friend to Freedom GERARD WINSTANLEY April 9th 1650. The whole Earth By the Law of Creation is the Common treasury of free Livelyhood to whole Mankind And those Lords of Mannors and others that deny any part of mankind this creation-freedome in the earth are sinners in the highest degree and are upholders of the fall curse of Mankind To prove this by Scripture IT is plaine that the Scriptures consists of Three Parts First they declare the righteous Law of Creation wherein God gives to all Mankind equall freedome without respect of persons Secondly they declare the fall of Mankind from this righteous Law and the various unrighteous actings of Mankind under his falne estate or power of darknesse by whom he is taken prisoner Thirdly they declare the restoration of Mankind to his creation-rigteousnesse By whom he is restored And the actings and conversation of Mankind upon his resurrection from under that dark or faln estate I le begin with the First and take notice how the Scriptures gives an universal freedome in the Earth to whole Mankind In Genesis God said Let us make Man By Man in the singular number implies Mankind And let them have dominion By Them in the plurall number implies whole Mankind in all his branches Againe he created Man that is Mankind Male and female created he Them And bid them in the plurall number increase and multiply and replenish the earth and after Mankind in his varietie of branches did increase and fill the earth Then the creating Power or God gives 2 Commands more First To subdue the Earth And this implies plowing diging and all kind of manuring So then observe That bare and simple working in the Earth according to the freedome of the Creation though it be in the sweat of mans browes is not the curse But for one part of Mankind to be a Task-master and to live Idle and by the Beast-like power of the sword does force another part of Mankind to worke as a servant and slave This is the power of the curse which makes mankind eat his bread in sorrow by the sweat of his browes The Second Command from God was this to Mankind That he should have dominion over the Fish Fowle Beasts Hearbs Plants And this implies that whole Mankind spread abroad in variety of bodies and yet but the unity of one Creation Mankind is the Lord of the Earth As David saith The earth is the Lords that is Mankinds But there is not the least tittle spoken that one part of Mankind should subdue and rule in oppression over another for this came in after the fall and is the Beastly Power that hath
beene suffered to reigne for a time times and dividing of time When Mankind lives in the unity of the one Spirit of Righteousnesse he lives in the light and the light lives in him which is Christ in him the light of the Father or the restoring Power But when Mankind lives in division contention and covetousnesse one part of Mankind hedging themselves into the earth by force and sword as experience shewes the strongest sword rules over the weakest and thereby shutting out another part of Mankind making them slaves Now Mankind lives under the power of the Fall In darknesse and darknesse lives in him And this darknesse is the Devill or sonne of bondage which causes all division and sorrow This same Creation-Right or common freedome in the earth among Brethren was confirmed by Covenant from God to Noah and his Seed without limitation or respect of persons So that we see when that Almighty power did work a restoration in the earth he gave the earth still to be in common shutting out none from enjoying the benefit of his Creation But when Mankind began to quarrell about the earth and some would have all and shut out others forcing them to be servants This was Mans fall it is the ruling of the curse and is the cause of all divisions wars and pluckings up This same Creation-Right or Universall Freedome in the earth was confirmed by Covenant to Abraham and his Seed not limiting or restraining any part Now in this Covenant to Abraham God points out the work of restoration by Christ the restoring Power who shall be the joy and blessing of all Nations So that in the work of restoration God brings Mankind to this universall freedome in the Earth without respect of persons according to the righteous Law of the first creation of all things In the next place the Scriptures declare the Fall of Mankind from this righteous Law of Creation And the fall of Man is declared in these words Mankind being in honour abideth not that is he being made the Lords of the Earth and had dominion over the Fish Fowle and Beasts and was free in himselfe yet he abode not in that honour For one part of Mankind seeking to enslave another part setting up one to be a King or Lord casting another at his foot-stoole the stronger part hedging himselfe into the Earth by Armies and Selfe-will Lawes and thereby hedged out others did hereby become like the Beasts that perishes And how is that even as the beasts that pushes one another with their hornes so does Mankind so that Mankind in their Actings each to other is become a Beast And this Beastly Power was to reigne for a time times and dividing of times Therefore whosoever upholds this Beastly Power and yet saies they are the Sons of Christ or restoring power they lie they deceive themselves and the truth is not in them The Scriptures likewise declares the actings of Mankind under the fall or in darknesse Cain rose up in discontent and killed his brother Abel The quarrell rise about the Earth for Abels industry made the earth more fruitfull then Cain thereupon Cain would take away Abels labour from him by force These two Brothers did type out or fore-run all the acting betweene man and man from that time to this being a plaine declaration of that darknesse into which Mankind is falne Moses Law of equity was but the moderation or the curbing in of the Fall of Mankind for his Law was not the restorer but saith he there is one comes after me mightier then I and him ye shall heare which is Christ the restoring Spirit All the wars and divisions in Israels time and since and all buying and selling of Land and the fruits of the earth which is the art of cheating one another is but the actings of Mankind in darknesse under the power of the fall for both Kings Rulers and all people have had their checks from God for their unrighteous walking or cruelty against Abels plain-hearted Spirit And all the great combustions that hath been and yet is in the world is but politick covetous murdering Cain holding Abel or the honest plaine dealing heart under him or the son of bondage persecuting the son of freedome Now in the Third Particular The Scriptures declares the restoration of Mankind to his Creation-righteousnesse or that the Sonne of Righteousnesse shall rise up and expell the darknesse And there are 3 degrees of this First the Scriptures declares promises of restoration as in these words The Seed of the Woman shall bruise the Serpents head Abraham's Seed shall be the joy and blessing of all Nations The bright appearing of Christ the restoring Power shall destroy Anti-Christ or that darknesse in man called the Mystery of iniquity that rules in and enslaved Mankind And in the latter dayes they shall be all taught of God and the Spirit of truth shall lead them into all truth And such like Now these and such like promises declares the restoring of Mankind to his originall righteousnesse and that they shall be brought to be of one heart and of one mind and that they shall be freely willing to let each other enjoy their Creation-rights without restraining or molesting one another but every one doing as they would be done by Secondly the Scriptures declares Prophecies foretelling the restoration in such words as these The Swords shall be beaten into Plow-shares and Spears into pruning-hooks and Nations shal learn war no more but the Lion and the Lamb shall feed together the wast places shall be builded and the desolate land shall be tilled whereas it lay desolate in the sight of all that passed by This shewes that the Commons Heaths and waste land that hath lain barren by reason of the unrighteousnesse of Kings and Lords of Mannors that would not suffer the enslaved poore to till and manure it shall in the day of Christs Power be manunured and be made fruitfull that there may be no beggery nor misery among Mankind but that every body may freely enjoy their creation rights Thirdly the Scriptures declares the resurrection of the spirit of freedome within Man-kind As in these words The whole creation groaneth and travelleth in pain waiting for a restoration And Oh wretched man that I am who shall deliver me from this body of sinne That is who will deliver mee from my covetousnesse pride envy uncleannesse selfe-love and this great power of darkness in me that hinders me that I cannot doe to others as I would have them doe to me And that enslaves mee within so that I cannot quietly suffer others to enjoy their creation rights in the earth The Apostles were hated slandered persecuted and bore all patiently rather then strive againe that they might hold forth the righteous law of creation This shewes the resurrection of the spirit of Love in
the Ancient fundamentall Law is Salus populi the safety peace and preservation of the whole body of the people excepting none And this fundamentall law called Salus populi was that which gave life and strength to the Parliament and Army to take up Armes against the King for they had not the least letter of any written law for their warrant at that time all the lawes being for the King and none against him Now if there be any Ancient Lawes of the Conquerour unrepealed whereby the people are hindered of a quiet enjoyment of a Common-wealths freedome they are all blotted out and abolished by this Act of Parliament which hath declared Therefore the poor people being part of our Commonwealth and being impoverished by the Kingly Lordly Power which is now cast out are freed from the oppressions of all those Lawes whereby their lives liberties persons and creation-rights were ens●aved And Salus populi is the fundamentall Law that gives that life and strength and courage to build upon and plant the common Land for their comfortable livelihood This is the Commonwealths Law and the Commonwealths Freedom 3. Thirdly The Parliament have made an act to free the People from yielding obedience to the King and to all that hold claiming under the King This Law likewise throwes down the power of the Conquest and makes Englishmen free in their Land that they may live comfortably in their English Commonwealth and quietly enjoy their Land now which they could not while the conquering Kingly and Lordly Power ruled 4. Fourthly The Parliament hath made an Engagement to maintain this present Commonwealths Government against King and house of Lords This likewise is but a confirmation of the first to make England a free Commonwealth And that all Englishmen may enjoy the comfortable livelihood in the Land as Brethren without restraint for if I have not freedom to live in peace and enjoy food and rayment by my Labors freely it is no Commonwealth at all Now in the purchasing of this declared freedom the common people of England have spent their Estates as well as the Gentry partly by their free hearts in lending money to the Parliament partly by Taxes partly by free quarter and partly by plunder in times of Warre By all which our proprieties are wasted and the fruit of our labours laid down and accepted of both by Parliament and Army to be a price to purchase Salus populi the peoples creation-freedom out of the oppressing power of Kingly power Therefore in reason and justice I conceive that if the poor people do build houses and plant corne upon the Commons of England for a livelihood they are protected and warranted both by Scriptures and the Lawes of the present Commonwealth And we expect the Officers of the Law will be as faithful to us to put us in possession as our Law-books are to declare our common freedom And whereas some Justices do say that for poor men to dig and plant upon the Commons they do bring themselves within the statute to be punished for vagrants idle or wandring rogues to this I answer 1. That the Justice cannot call these men vagrants or wandring rogues for by the letter of the Law it is no vagrancie to dig and work but when men are idle wanderers begging up and down these the Law lookes upon as punishable But the Diggers they set themselves to work according to the Law of creation as they are Englishmen upon the Commons of England claiming the priviledges of the Commonwealth according to the Lawes of a Common-wealth that they may not beg nor be forced to steale through want and so be hanged by the Kingly and Lordly Law 2. Secondly Their digging upon the Commons for a livelihood is no Riot though some Justices would make it for they do not fight against any And their meeting together is no unlawfull or riotous meeting unlesse the gathering together of many people in one field to dig plow or reap be a Riot or an unlawfull meeting These Lawes against Riots or unlawfull meetings as they call it was the Law of the fearfull Kingly Conqueror lest the common people by their often meeting should understand their creation-freedom and so should joyn together to conquer and cast out him that had conquered them Yet the Gentry and Lords of Mannors who are part of the Kingly and Lordly Power they have met divers times in Troops and have beaten and abused the Diggers and pull'd down their houses Yet we do not heare that the Clergy Lawyers or Justices who would be counted the dispensers of righteous justice do speak against them for Rioters but against the poor labouring men still checking the Labourers for idleness and protecting the Gentry that never work at all therefore if idle persons who wander up and down idly be punishable by the Statutes Then judge whether it be not the idle Gentry rather then the laborious poor man These things I leave to the consideration of all rationall men to judge of they being the foundation whereupon our work of community in the earth according to the Law of creation being reason and justice is builded And I desire any rational man Minister or Lawyer to answer these either to confirm us or else to raise up this foundation of Scriptures and Law not by take him Jaylor which is the language of the Beast but by reason which is the voice of the man Though this work of digging upon the Commons have many enemies yet I am assured of the righteousnesse of the work and it shall take root in one place or other before many yeares passe over Englands head I can set no time but I wait for the consolation of Israel to arise up and break forth in others as I have a taste of him in my self The voice of the Dragon is kill him pull down his house beat him arrest him take him Jaylor imprison him he is a rogue But the voice of the Lamb is love your enemies let him live the earth is his creation-right as well as mine therefore let us do as we would be done unto Ministers and Lawyers will you all stand looking on and see the Lords of Mannors exercise Kingly Power over the poor men that claime their creation-right in the earth and be silent You would be called dispensers of Justice here is a point of justice for you to decide this is the point upon which you shall either stand or fall be saved or damned for you are put upon the tryal The week before Easter Parson Plat Minister of Horsley being the Lord of the Mannor of Cobham where the Diggers were at work And Thomas Sutton the impropriator of Cobham came in person and brought divers men whom they hired to pull down a poor mans house that was built upon the Commons and kikt and struck the poor mans wife so that she miscarried of her Child and by the blowes and abuses they gave her she kept her bed a week