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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
time to King Charles were successors of that conquest and all Laws were made to confirm that Conquest For there are his old Laws and Statutes yet to be read that do shew how he allowed the conquered English but three pence and four pence a day for their work to buy them bread of their Task-masters but the freedom of the earth he and his friends kept in their own hands And as Kings so the old Gentry and the new Gentry likewise walking in the same steps are but the successors of the Norman victory But are not the Normans and their power conquered by the Commoners of England And why then should we not recover the freedom of our land again from under that yoak and power Then further The Norman Conqueror made Laws whereby this English earth should be governed and appointed two national Officers to see those Laws performed The first Officer was the Lawyer And his work is conversant about nothing but the disposing of the earth and all Courts of Judicature and Snits of Law is about the ordering of the Earth according to his Law made by him and his party The next Officer was the national Clergie and their work was to perswade the multitude of people to let William the Conqueror alone with a quiet possession and government 〈◊〉 the earth and to call it his and not theirs and so not to rebell against him And they were to tell the people 〈◊〉 they would acknowledge William Duke of Normandy and his 〈◊〉 〈◊〉 be their Lord King and Ruler and would be obedient to his Government then they should live in the Haven that is in peace and they should quietly enjoy their land which they rented their houses and fruits of their labors without disturbance But if they would not acknowledg him to be their Lord King and Ruler nor submit to his Government then they should be cast into Hell that is into the sorrows of prisons poverty whips and death and their houses and riches should be taken from them c. And this was a true prophetical and experimental Doctrine for do we not see that the Laws of a King while a King had the Power of life and death in them And he who fell under the power of this Lord must pay the uttermost farthing before he was released And for their pains for thus preaching the King established by his Laws that they should have the tenth of the encrease of all profits from the Earth 1 Sam. 8. 15. placing their freedom where he placed his own and that is in the use of the Earth brought into their hands by the labors of the enslaved men But in after times when this National Ministry appeared to the people to be but hirelings and as the people grew in knowledg they discovered their hypocrisie more and more as they do in these days Then this Clergy the spirit of the old Pharisees began to divine and to deceive the people by a shew of holiness or spititual doctrine as they call it difficult to be understood by any but themselves perswading the people to beleeve or fancy That true Freedom lay in hearing them preach and to enjoy that Heaven which they say every man who beleeves their doctrine shall enjoy after he is dead And so tell us of a Heaven and Hell after death which neither they nor we know what wil be So that the whole world is at a loss in the true knowledg thereof as Solomon said Who shall bring him to see what shall be after he is dead Eccles. 3. 22. 6. 11. The former hell of prisons whips and gallows they preached to keep the people in subjection to the King but by this divined Hell after death they preach to keep both King and people in aw to them to uphold their trade of Tythes and new rased Maintenance And so having blinded both King and people they become the god that rules This subtle divining spirit is the Whore that sits upon many waters This is Nahash the Amonite that would not make peace with Israel unless Israel would suffer him to put out their right eyes and to see by his 1 Sam. 1 1. 2. For so long as the people call that a Truth which they call a Truth and believe what they preach and are willing to let the Clergy be the Keepers of their eyes and knowledg that is as much as Nahash did put out their eyes to see by theirs then all is well and they tell the people they shall go to Heaven But if the eyes of the people begin to open and they seek to find knowledg in their own hearts and to question the Ministers Doctrine and become like unto wise-hearted Thomas to believe nothing but what they see reason for Then do the Ministers prepare War against that man or men and will make no Covenant of Peace with him till they consent to have their right eyes put out that is to have their Reason blinded so as to believe every Doctrine they preach and never question any thing saying The Doctrine of Faith must not be tryed by Reason No for if it be their Mystery of Iniquity will be discovered and they would lose their Tythes Therefore no marvel though the National Clergy of England and Scotland who are the Tything Priests and Lords of blinded mens spirits stuck so close to their Master the King and to his Monarchial oppressing Government for say they If the people must not work for us and give us Tythes but we must work for our selves as they do our Freedom is lost I but this is but the cry of an Egyptian Task-master who counts other mens freedom his bondage Now if the Earth could be enjoyed in such a maner as every one might have provision as it may by this Platform I have offered then will the Peace of the Commonwealth be preserved and men need not act so hypocritically as the Clergy do and others likewise to get a living But when some shall enjoy great possessions and others who have done as much or more for to purchase Freedom shall have none at all and be made slaves to their brethren this begets offences The glory of Israels Commonwealth is this They had no Begger among them As you read when they had conquered the Canaanites and won that Land by the purchase of the blood and labour and by a joynt assistance throughout the whole Tribes of Israel the Officers and Leaders of the people did not sell the Land again to the remainder of their Enemies nor buy and sell it among themselves and so by cheating the people set up a new Oppression upon a new account Neither did they fall a parting the Land before the crowning Victory was gotten But they forbore the disposing of the Land till the War was over and all the Tribes stuck close together till all the fighting work was done And when they saw the Enemies heart was broke and that now they were the Masters of the field then
they quietly took possession of the Land as a free reward for all their hazards and labour The Officers and Leaders were careful to keep Promise and Engagements to the people and there was no treachery found in them as to inrich themselves with the Commonwealths Land and to deprive others of the price of their Blood and Free-quarter and Taxes But they made Canon with all the Crown Lands therein and all other forfeited Lands which was gotten by a joynt Assistance of person and purse of all the Tribes The Scriptures say They made this Canon Land a common Treasury of livelyhood to the whole Commonwealth of Israel and so disposed of it as they made provision for every Tribe and for every family in a Tribe nay for every particular man in a family every one had enough no man was in want there was no beggery among them They did not divide this Land only to particular men who went out to War but they who stayd at home had an equal share they did not make one brother a Lord of Manor and Landlord and other brothers to be servants to them But seeing the Enemies were beaten not by the Counsellors only not by the Leaders of the Army only but by the common Souldiers also and not only by them but by the Laborers who staid at home to provide Victuals and Free-quarter Therefore did the Counsellors and chief Officers of the Army agree to make provision for every one that assisted either by person or purse and this was pure Righteousness And to those families in a Tribe which had many persons in it to them they allotted more Land and to those families which had less number of persons they allotted less Land So that not only the Tribes in general but every family and person in a Tribe younger brother as well as elder brother he who wrought at home to provide food as well as he that went to War all had sufficient there was no want the Oppression of Beggary was not known among them all burdens were taken of and Israel in all his Tribes and Families was made a free Commonwealth in Power as well as in Name 1 Sam. 30. 24. Josh. 16. 17 18. Chapters And thus the Land was divided and the whole Land was the Common Stock every one had a brotherly freedom therein for the freedom of the one was the freedom of the other there was no difference in that they were men of true faithful and publick spirits notfalse-hearted And so likewise when Esther prevailed with King Ahasuerus for freedom she did not seek her own freedom and interest but the freedom of all her kindred and friends for common Freedom was that which men of righteous spirits always sought after All that I shall say is this O that those who pretend to set up a Gospel-Commonwealth in England Scotland and Ireland would not be worse then Moses but rather exceed Moses knowing that if this our English Commonwealths Government carry perfect Freedom in his hand then shall the Law go forth from England to all the Nations of the World This Foundation being layd from the Example of Israels Common-wealth and Testimony of Gods Word I shall proceed how the Earth shall be governed for the Peace of a Common-wealth But by the way to prevent mistake I shall insert A short Declaration to take of Prejudice Some hearing of this Common Freedom think there must be a Community of all the fruits of the Earth whether they work or no therefore strive to live idle upon other mens labours Others through the same unreasonable beastly ignorance think there must be a Community of all men and women for Copulation and so strive to live a bestial life Others think there will be no Law but that every thing will run into confusion for want of Government but this Platform proves the contrary Therefore because that transgression doth and may arise from ignorant and rude fancy in man is the Law added That which true Ringhteousness in my Judgment calls Community is this To have the Earth set free from all Kingly Bondage of Lords of Manors and oppressing Landlords which came in by Conquest as a Thief takes a true mans purse upon the high-way being stronger then he And that neither the Earth nor any fruits thereof should be bought or sold by the Inhabitants one among another which is a slavery the Kingly Conquerors have brought in therefore he set his stamp upon silver that every one should buy and sell in his name And though this be yet shall not men live idle for the Earth shall be planted and reaped and the fruits carried into Barns and Store-houses by the assistance of every family according as is shewed hereafter in order Every man shall be brought up in Trades and labours and all Trades shall be maintained with more improvement to the inriching of the Common-wealth more then now they be under Kingly Power Every Tradesman shall fetch Materials as Leather Wool Flax Corn and the like from the publike Store-houses to work upon without buying and selling and when particular works are made as Cloth Shooes Hats and the like the Tradesmen shall bring these particular works to particular shops as it is now in practise without buying and felling And every family as they want such things as they cannot make they shall go to these shops and fetch without money even as now they fetch with money as hereafter is shewed how in order If any say This will nurse Idleness I answer This Platform proves the contrary for idle persons and beggers will be made to work If any say This will make some men to take goods from others by violence and call it theirs because the Earth and fruits are a Common Stock I answer The Laws or Rules following prevents that ignorance For though the Store-houses and publike Shops be commonly furnished by every families assistance and for every families use as is shewed hereafter how yet every mans house is proper to himself and all the furniture therein and provision which he hath fetched from the Store-houses is proper to himself every mans wife and every womans husband proper to themselves and so are their children at their dispose till they come to age And if any other man endeavor to take away his house furniture food wife or children saying every thing is common and so abusing the Law of Peace such a one is a Transgressor and shall suffer punishment as by the Government and Laws following is expressed For though the publike Store-houses be a common Treasury yet every mans particular dwelling is not common but by his consent and the Commonwealths Laws are to preserve a mans peace in his 〈◊〉 and in his private dwelling against the rudeness and ignorance that may arise in Mankind If any man do force or abuse women in folly pleading Community the Laws following do punish such ignorant and unrational practise for the Laws of a Commonwealth are Laws of moderate