Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	hold_v	king_n	tenant_n	4,936	5	10.1458	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

of freedom righteousness and peace or whether you will return to Monarchy to embrace that Egyptian bondage still Well here is life and death set before you take whether you will but know that unless your righteousness exceed the righteousness of the Kingly and Lordly Scribes and Pharisees you shall never enjoy true peace in your spirit CHAP. VI The Kings old laws cannot govern a free Commonwealth THey cannot govern in times of bondage and in times of freedom too they have indeed served many masters Popish and Protestant they are like old souldiers that will but change their name and turn about and as they were and the reason is because they are the prerogative will of those under any Religion that count it no freedom to them unless they be lords over the minds persons and labors of their brethren They are called the Kings laws because they are made by the Kings If any say they were made by the Commoners It is answered They were not made by the Commoners as the Commoners of a free Commonwealth are to make laws For in the dayes of the Kings none were to chuse nor be chosen Parliament men or law makers but Lords of Mannors and Freeholders such as held title to their inclosures of Land or Charters for their liberties in trades under the King who called the land his as he was the Conquerer or his successor All inferior people were neither to chuse nor to be chosen and the reason was because all freeholders of land and such as held their liberties by Charter were all of the Kings interest and the inferior people were successively of the rank of the conquered ones and servants and slaves from the time of the conquest And further when a Parliament was chosen in that manner yet if any Parliament man in the uprightness of his heart did endeavor to promote any freedome contrary to the Kings will or former customes from the Conquest he was either committed to prison by the King or by his house of Lords who were his ancient Norman successive councel of war or else the Parliament was dissolved and broke up by the King So that the old laws were made in times under kingly slavery not under the liberty of Commonwealths freedome because Parliament men must have regard to the Kings prerogative interest to hold his Conquest or else indanger themselves As sometimes it is in these dayes some officers dare not speak against the minds of those men who are the chief in power nor a private souldier against the minde of his officer lest they be cashiered their places and livelihood And so long as the promoting of the Kings will and prerogative was to be in the eye of the law makers the oppressed Commoners could never enjoy Commonwealths freedome thereby Yet by the wisdome courage faithfulness and industry of some Parliament men the Commoners have received here a line and there a line of freedome inserted into their laws as those good lines of freedom in Magna Charta were obtained by much hardship and industry Secondly they were the Kings laws because the Kings own creatures made the laws or Lords of Mannors Freeholders c. were successors of the Norman souldiers from the Conquest therefore they could do no other but maintaine their own and their kings interest And do we not see that all laws were made in the dayes of the Kings to ease the rich Landlord but the poor laborers were left under bondage still they were to have no freedome in the earth by those pharisaical laws for when laws were made and Parliaments broke up the poor oppressed Commoners had no relief but the power of Lords of Mannors withholding the free use of the Common land from them remained still for none durst make use of any Common land but at the Lords leave according to the will and law of the Conquerer therefore the old laws were called the Kings laws And these old laws cannot govern a free Commonwealth because the land now is to be set free from the slavery of the Norman Conquest and the power of Lords of Mannors and Norman freeholders is to be taken away or else the Commoners are but where they were if not faln lower into straights then they were and the old laws cannot look with any other face then they did though they be washed with Commonwealths water their countenance is still withered therefore it was not for nothing that the Kings would have all their Laws written in French and Latine and not in English partly in honour to the Norman Race and partly to keep the common people ignorant of their Creation-freedoms lest they should rise to redeem themselves and if those Laws should be writ in English yet if the same Kingly principles remain in them the English language would not advantage us any thing but rather increase our sorrow by our knowledge of our bondage What is Law in general Law is a Rule whereby Man and other creatures are governed in their actions for the preservation of the common peace And this Law is twofold First it is the power of Life called the Law of Nature within the creatures which does move both man and beast in their actions or that causes grass trees 〈◊〉 and all plants to grow in their several seasons and whatsoever any body does he does it as he is moved by this inward Law And this law of Nature moves twofold viz. unrationally or rationally A man by this inward Law is guided to actions of generation and present content rashly through a greedy self-love without any consideration like foolish children or like the bruit beasts by reason whereof much hurt many times follows the body And this is called the law in the 〈◊〉 warring against the law of the minde Or when there is an inward watchful oversight of all motions to action considering the end and effects of those actions that there be no excess in diet in speech or in action break forth to the prejudice of a mans self or others And this is called the light in man The reasonable power Or the law of the minde And this rises up in the heart by an experimental observation of that peace and trouble which such and such words thoughts and actions bring the man into And this is called the record on high for it is a record in a mans heart above the former unreasonable power And it is called the witness or testimony of a 〈◊〉 own 〈◊〉 And it is said To the law and to the testimony c. for this moderate watchfulness is still the law of Nature in a higher resurrection then the former 〈◊〉 it hath many terms which for 〈◊〉 sake I let pass And this twofold work of the law within man strives to bring 〈◊〉 themselves in writing to 〈◊〉 numbers of bodies on their fides And that power that begets the biggest number alwayes Rules as King and Lord in the creature and in the creation till the other part overtop him even as

given Freequarter wasted our Estates and lost our Friends in the Wars and the Taskmasters multiply over us more then formerly I have asked divers this question Why do you say so Some have answered me That Promises Oaths and Engagements have been made as a Motive to draw us to assist in the Wars That priviledges of Parliament and Liberties of Subjects should be preserved and that all Popery and Episcopacy and Tyranny should be rooted out and these promises are not performed Now there is an opportunity to perform them For first say they The current of succeeding Parliaments is stopt which is one of the greatest Priviledges and peoples Liberties for Safety and Peace and if that continue stopt we shall be more offended by an hereditary Parliament then we were oppressed by an hereditary King And for the Commoners who were called Subjects while the Kingly Conqueror was in power have not as yet their Liberties granted them I will instance them in order according as the common whisperings are among the people For say they The burdens of the Clergy remains still upon us in a threefold nature First If any man declare his Judgment in the things of God contrary to the Clergies report or the mind of some high Officers they are cashiered imprisoned crushed and undone and made sinners for a word as they were in the Popes and Bishops days so that though their names be cast out yet their High Commission Courts Power remains still persecuting men for Conscience sake when their actions are unblameable Secondly In many Parishes there are old formal ignorant Episcopal Priests established and some Ministers who are bitter Enemies to Common-wealths Freedom and Friends to Monarchy are established Preachers and are continually buzzing their subtle principles into the minds of the people to undermine the Peace of our declared Commonwealth causing a disaffection of spirit among neighbors who otherwise would live in peace Thirdly The burden of Tythes remains still upon our Estates which was taken from us by the Kings and given to the Clergy to maintain them by one labours so that though their preaching fill the minds of many with madness contention and unsatisfied doubting because their imaginary and ungrounded Doctrines cannot be understood by them and yet we must pay them large Tythes for so doing this is Oppression Fourthly If we go to the Lawyer we find him to sit in the Conquerors Chair though the Kings be removed maintaining the Kings Power to the height for in many Courts and cases of Law the Wil of a Judg Lawyer rules above the letter of the Law and many Cases and Suits are lengthened to the great vexation of the Clients and to the lodging of their Estates in the purse of the unbounded Lawyer So that we see though other men be under a sharp Law yet many of the great Lawyers are not but still do act their will as the Conqueror did as I have heard some belonging to the Law say What cannot we do Fifthly Say they If we look upon the Customs of the Law itself it is the same it was in the Kings days only the name is altered as if the 〈◊〉 of England had paid their Taxes Free-quarter and shed their blood not to reform but to baptize the Law into a new name from Kingly Law to State Law by reason whereof the spirit of discontent is strengthened to increase more Suits of Law then formerly was known to be And so as the Sword pulls down Kingly Power with one hand the Kings old Law builds up Monarchy again with the other And indeed the main Work of Reformation lies in this to reform the Clergy Lawyers and Law for all the Complaints of the Land are wrapped up within them three not in the person of a King Shall men of other Nations say That notwithstanding all those rare wits in the Parliament and Army of England yet they could not reform the Clergy Lawyer and Law but must needs establish all as the Kings left them Will not this blast all our Honor and make all Monarchial Members laugh in their sleeves to see the Government of our Commonwealth to be built upon the Kingly Laws and Principles I have asked divers Souldiers what they fought for they answered they could not tell and it is very true they cannot tell indeed if the Monarchial Law be established without Reformation But I wait to see what will be done and I doubt not but to see our Commonwealths Government to be built upon his own Foundation Sixthly If we look into Parishes the burdens there are many First For the Power of Lords of Manors remains still over their Brethren requiring Fines and Heriots beating them off the free use of the Common Land unless their Brethren will pay them Rent exacting obedience as much as they did and more when the King was in Power Now faith the people By what Power do these maintain their Title over us Formerly they held Title from the King as he was the Conquerors Successor But have not the Commoners cast out the King and broke the band of that Conquest Therefore in equity they are free from the slavery of that Lordly Power Secondly In Parishes where Commons lie the rich Norman Free-holders or the new more covetous Gentry over-stock the Commons with Sheep and Cattle so that inferior Tenants and poor Laborers can hardly keep a Cow but half starve her so that the poor are kept poor still and the Common Freedom of the Earth is kept from them and the poor have no more relief then they had when the King or Conqueror was in power Thirdly In many Parishes two or three of the great ones bears all the sway in making Assessments over awing Constables and other Officers and when time was to quarter Souldiers they would have a hand in that to ease themselves and over-burden the weaker sort and many times make large sums of money over and above the Justices Warrant in Assessments and would give no accompt why neither durst the inferior people demand an accompt for he that spake should be sure to be crushed the next opportunity and if any have complained to Committees or Justices they have been either wearied out by 〈◊〉 and waiting or else the offence hath been by them smothered up so that we see one great man favored another and the poor 〈◊〉 have no relief Fourthly There is another grievance which the people are much troubled at and that is this Country people cannot sell any Corn or other fruits of the Earth in a Market Town but they must either pay Toll or be turned out of Town Now say they This is a most shameful thing that we must part with our estates in Taxes and Free-quarter to purchase the Freedom of the Land and the Freedom of the Towns and yet this Freedom must be still given from us into the hands of a covetous Norman Toll-Taker according to the Kings old burdensom Laws and contrary to the Liberty of a

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