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
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-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
There is no need of them for there is to be no buying and selling neither any need to expound Laws for the bare letter of the Law shall be both Judg and Lawyer trying every mans actions And seeing we shall have successive Parliaments every year there will be Rules made for every action a man can do But there is to be Officers chosen yearly in every parish to see the Laws executed according to the letter of the Laws so that there will be no long work in trying of Offences as it is under Kingly Government to get the Lawyers mony and to enslave the Commoners to the Conquerors prerogative Law or Will The sons of contention Simeon and Levi must not beat Rule in a free Commonwealth At the first view you may say this is a strange Government but I pray judg nothing before tryal Lay this Platform of Commonwealths Government in one scale and lay Monarchy or Kingly Government in the other scale and see which give true weight to righteous Freedom and Peace There is no middle path between these two for a man must either be a free and true Commonwealths man or a Monarchial tyrannical Royalist If any say This will bring poverty surely they mistake for there will be plenty of all Earthly Commodities with less labor and trouble then now it is under Monarchy There will be no want for every man may keep as plentiful a house as he will and never run into debt for common stock pays for all If you say Some will live idle I answer No It will make idle persons to become workers as is declared in the Platform There shall be neither Beggar nor idle person If you say This will make men quarrel and fight I answer No It will turn swords into plowshares and settle such a peace in the Earth as Nations shall learn War no more Indeed the Government of Kings is a breeder of Wars because men being put into the straits of poverty are moved to fight for Liberty and to take one anothers Estates from them and to obtain Mastery Look into all Armies and see what they do more but make some poor some rich put some into freedom and others into bondage And is not this a plague among Mankinde Well I question not but what Objections can be raised against this Commonwealths Government they shall finde an Answer in this Platform following I have been something large because I could not contract my self into a lesser volume having so many things to speak of I do not say nor desire That every one shall be compelled to practise this Commonwealths Government for the spirits of some will be Enemies at first though afterwards will prove the most cordial and true friends thereunto Yet I desire That the Commonwealths Land which is the ancient Commons and waste Land and the Lands newly got in by the Armies Victories out of the oppressors hands as Parks Forests Chases and the like may be set free to all that have lent assistance either of person or purse to obtain it and to all that are willing to come in to the practice of this Government and be obedient to the Laws thereof And for others who are not willing let them stay in the way of buying and selling which is the Law of the Conqueror till they be willing And so I leave this in your hand humbly prostrating my self and it before you and remain Novemb. 5. 1651. A true Lover of Commonwealths Government Peace and Freedom Jerrard Winstanley To the Friendly and Unbyassed READER Reader IT was the Apostles advice formerly to try all things and to hold fast that which is best This Platform of Government which I offer is the Original Righteousness and Peace in the Earth though he hath been buried under the clods of Kingly Covetousness Pride and Oppression a long time Now he begins to have his Resurrection despise it not while it is small though thou understand it not at the first sight yet open the door and look into the house for thou mayst see that which will satisfie thy heart in quiet rest To prevent thy hasty rashness I have given thee a short Compendium of the whole First Thou knowest that the Earth in all Nations is governed by buying and selling for all the Laws of Kings hath relation thereunto Now this Platform following declares to thee the Government of the Earth without buying and selling and the Laws are the Laws of a free and peaceable Commonwealth which casts out every thing that offends for there is no pricking Briar in all this holy Mountain of the righteous Law or peaceable Ruler Every Family shall live apart as now they do every man shall enjoy his own wife and every woman her own husband as now they do every Trade shall be improved to more excellency then now it is all children shall be educated and be trained up in subjection to parents and elder people more then now they are The Earth shall be planted and the fruits reaped and carried into Store-houses by common assistance of every Family The riches of the Store-houses shall be the Common Stock to every Family There shall be no idle person nor Begger in the Land And because offences may arise from the spirit of unreasonable ignorance therefore was the Law added For if any man abuse his neighbor by provoking words by striking his person by offering offence to his neighbors wife or children or to his house or furaiture there in or to live idle upon other mens labours here are Laws to punish them sharply and Officers to see those Laws executed according to the right Order of Commonwealths Government for the peace of every familyin the Land This Commonwealths Government unites all people in a Land into one heart and mind And it was this Government which made Moses to call Abrahams seed one house of Israel though they were many Tribes and many Families And it may be said Blessed is the people whose earthly Government is the Law of Common Righteousness While Israel was under this Commonwealths Government they were a terror to all oppressing Kings in all Nations of the World and so will England be if this righteous Law become our Governor But when the Officers of Israel began to be covetous and proud they made a breach or as Isaiah said The Rulers of the people caused them to err and then the Government was altered and fell into the hand of Kings like other Nations and then they fled before their enemies and were scattered The Government of Kings is the Government of the Scribes and Pharisees who count it no freedom unless they be Lords of the Earth and of their Brethren But Commonwealths Government is the Government of Righteousness and Peace who is no Respecter of persons Therefore Reader here is a tryal for thy sincerity Thou shalt have no want of food rayment or freedom among Brethren in this way propounded See now if thou 〈◊〉 be content as the Scriptures
was this Do you maintain our Laws and Liberties and we will protect and assist you Secondly A Parliament is to make choyce of understanding able and publique spirited men to be Leaders of an Army in this case and to give them Commissions and Power in the name of the Commonwealth to manage the work of an Army Thirdly A Parliaments work in this case is either to send Embassadors to another Nation which hath invaded our Land or that intends to invade to agree upon terms of peace or to proclaim War or else to receive and hear Embassadors from other Lands for the same business or about any other business concerning the peace and honor of the Land For a Parliament is the Head of a Commonwealths power or as it may be said it is the great Councel of an Army from whom originally all Orders do issue forth to any Officer or Soldier For if so be a Parliament had not an Army to protect them the rudeness of the people would not obey their proceedings and if a Parliament were not the Representative of the People who indeed is the body of all Power the Army would not obey their Orders So then a Parliament is the Head of Power in a Commonwealth and it is their work to manage publique affairs in times of War and in times of Peace not to promote the Interest of particular men but for the Peace and Freedom of the whole Body of the Land viz. of every particular man that none be deprived of his Creation Rights unless he hath lost his Freedom by Transgression as by the Laws is expressed The work of a Commonwealths Ministry and why one day in seven may be a Day of Rest from Labor If there were good Laws and the People be ignorant of them it would be as bad for the Commonwealth as if there were no Laws at all Therefore according to one of the Laws of Israels Commonwealth made by Moses who was the Ruler of the People at that time It is very rational and good that one day in seven be still set apart for three Reasons First That the People in such a Parish may generally meet together to see one anothers faces and beget or preserve fellowship in friendly love Secondly to be a day of rest or cessation from labor so that they may have some bodily rest for themselvs and cattel Thirdly that he who is chosen Minister for that year in that parish may read to the people three things First the affairs of the whole Land as it is brought in by the Post-master as it is related in his office hereafter following Secondly to read the Law of the Common-wealth not onely to strengthen the memory of the Ancients but that the young people also who are not grown up to ripeness of experience may be instructed to know when they do well and when they do ill for the Laws of a Land hath the power of freedom and bondage life and death in its hand therefore the necessary knowledge to be known and he is the best Prophet that acquaints men therewith That as men grow up in 〈◊〉 they may be able to defend the Laws and Government of the Land But these Laws shall not be expounded by the Reader for to expound a plain Law as if a man would put a better meaning then the letter it self produces two evils Fast the pure Law and the minds of people will be thereby consounded for multitude of words darken knowledge Secondly the Reader will be puffed up in pride to contemn the Law-makers and in time that will prove the father and nurse of Tyranny as at this day is 〈◊〉 by our Ministry And thirdly because the mindes of people generally love discourses therefore that the wits of men both young and old may be exercised there may be speeches made in a three-fold nature First to declare the acts and passages of former ages and Governments setting forth the benefit of freedom by well ordered Governments as in Israels Common Wealth and the troubles and bondage which hath always attended oppression and oppressors as the State of Pharaoh and other Tyrant Kings who said the earth and people were theirs and onely at their dispose Secondly Speeches may be made of all Arts and Sciences some one day some another As in Physick 〈◊〉 Astrology Astronomy Navigation Husbandry and such like And in these Speeches may be unfolded the nature of all herbs and plants from the Hysop to the Cedar as Solomon writ of Likewise men may come to see into the nature of the fixed and wandring stars those great powers of God in the heavens above and hereby men will come to know the secrets of Nature and Creation within which all true knowledg is wrapped up and the light in man must arise to search it out Thirdly Speeches may be made sometimes of the Nature of Mankind of his darkness and of his light of his weakness and of his strength of his love and of his envy of his sorrow and of his joy of his inward and outward bondages and of his inward and outward freedoms c. And this is that which the Ministry of Churches generally aim but only that they confound their knowledg by imaginary study when any one takes upon him to speak without experience Now this is the way To attain to the true knowledg of God who is the Spirit of the whole Creation as he hath spread himself forth in every form and more eminently in man as Paul writ The Creation in all the several bodies and forms are but the Mansions or fulness of him who hath filled all things with himself And if the Earth were set free from Kingly Bondage so that every one were sure to have a free livelyhood and if this liberty were granted then many secrets of God and his Works in Nature would be made publike which men now adays keep secret to get a living by so that this Kingly Bondage is the cause of the spreading of ignorance in the Earth But when Commonwealths Freedom is established and Pharisaical or Kingly Slavery cast out then will knowledg cover the Earth as the Waters cover the Seas and not till then He who is the chosen Minister for that year to read shall not be the only man to make Sermons or Speeches but every one who hath any experience and is able to speak of any Art or Language or of the Nature of the Heavens above or of the Earth below shall have free liberty to speak when they offer themselves and in a civil manner desire an audience and appoint his day yet he who is the Reader may have his liberty to speak too but not to assume all the power to himself as the proud and ignorant Clergy have done who have bewitched all the World by their subtle Covetousness and pride And every one who speaks of any Herb Plant Art or Nature of Mankind is required to speak nothing by imagination but what he hath found out
torment him in that 〈◊〉 But surely Light is so broke out that it will cover the Earth so that the Divinity Charmers shall say The people will 〈◊〉 bear the voyce of our charming charm we never so wisely And all the Priests and Clergy and Preachers of these spiritual and heavenly things as they call them shall take up the lamentation which is their portion Alas alas that great City Babylon that mighty City Divinity which hath filled the whole Earth with her forcery and deceived all people so that the whole world wondered after this Beast how is it faln and how is her Judgment come upon her in one hour And further as you may read Rev. 18. 10. The Office of the Post-master In every Parish throughout the Commonwealth shall be chosen two men at the time when other Officers are chosen and these shall be called Postmasters And whereas there are four parts of the Land East West North South there shall be chosen in the chief City two men to receive in what the Post-master of the East Country brings in and two men to receive in what the Post-master of the West brings in and two for the North and so two for the South Now the work of the Country Post-master shall be this They shall every Moneth bring up or send by tydings from their respective Parishes to the chief City of what accidents or passages fall out which is either to the honor or dishonor hurt or profit of the Commonwealth and if nothing have faln out in that Moneth worth observation then they shall write down peace or good order in such a Parish And when these respective Post-masters have brought up their Bills or Certificates from all parts of the Land the Receivers of those Bills shall write down every thing in order from Parish to Parish in the nature of a Weekly Bill of Observation And those eight Receivers shall cause the Affairs of the four quarters of the Land to be printed in one Book with what speed may be and deliver to every Postmaster a Book that as they bring up the Affairs of one Parish in writing they may carry down in Print the Affairs of the whole Land The benefit lies here That if any part of the Land be visited with Plague Famine Invasion or Insurrection or any casualties the other parts of the Land may have speedy knowledg and send Relief And if any accident fall out through unreasonable action or careless neglect other parts of the Land may thereby be made watchful to prevent like danger Or if any through industry or ripeness of understanding have found out any secret in Nature or new invention in any Art or Trade or in the Tillage of the Earth or such like whereby the Commonwealth may more flourish in peace and plenty for which Vertues those persons received honor in the places where they dweit When other parts of the Land hear of it many thereby will be encouraged to employ their Reason and industry to do the like that so in time there will not be any Secret in Nature which now lies hid by reason of the iron age of 〈◊〉 oppressing Government but by some or other will be brought to light to the beauty of our Commonwealth The Rise of a Commonwealths Army After that the necessity of the People in a Parish in a County and in a Land hath moved the People to chuse Officers to preserve common peace the same necessity causeth the People to say to their Officers Do you see our Laws observed for our common preservation and we will assist and protect you This word assist and protect implies the rising of the people by force of Arms to defend their Laws and Officers who rule well against any Invasion Insurrection or Rebellion of selfish Officers or rude people yea to beat down the turbulency of any foolish spirit that shall arise to break our common Peace So that the same Law of Necessity of common Peace which moved the people to chuse Officers and to compose a Law for to be a Rule of Government The same Law of Necessity of Protection doth raise an Army so that an Army as well as other Officers in a Commonwealth spring from one and the same root viz. from the Necessity of common Preservation An Army is two-fold viz. A Ruling Army or a Fighting Army A ruling Army is called Magistracy in times of Peace keeping that Land and Government in Peace by Execution of the Laws which the fighting Army did purchase in the field by their Blood out of the hands of Oppression And here all Officers from the father in a family to the Parliament in a Land are but the Heads and Leaders of an Army and all people arising to protect and assist their Officers in defence of a right ordered Government are but the Body of an Army And this Magistracy is called the rejoycing of all Nations when the Foundation thereof are Laws of common Equity whereby every single man may enjoy the fruit of his labour in the free use of the Earth without being restrained or oppressed by the hands of others Secondly A fighting Army called Souldiers in the field when the necessity of preservation by reason of a forraign Invasion or inbred Oppression do move the people to arise in an Army to cut and teer to pieces either degenerated Officers or rude people who seek their own Interest and not common Freedom and through treachery do endeavor to destroy the Laws of common Freedom and to enssave both the Land and people of the Commonwealth to their particular wills and lusts And this War is called a Plague because that cursed enmity of Covetousness pride and vain glory and envy in the heart of Mankind did occasion the rise of it because he will not be under the moderate observation of any free and right Order unless he himself be King and Lord over other persons and their labours For now the people do arise to defend their faithful Officers against such Officers as are unfaithful and to defend their Laws and Common Peace The use or work of a fighting Army in a Commonwealth Is to beat down all that arise to endeavor to destroy the Liberties of the Commonwealth For as in the days of Monarchy an Army was used to subdue all who rebelled against Kingly Propriety so in the days of a free Commonwealth an Army is to be made use of to resist and destroy all who endeavor to keep up or bring in Kingly Bondage again The work of this fighting Army is twofold The first is to withstand the Invasion or coming in of a forraign Enemy whose Invasion is for no other end but to take away our Land and Earth from us to deny us the free use thereof to become Kings and Landlords over us and to make us their slaves As William the Conqueror when he had conquered England he gave not only the Land in parcels to his Souldiers but he gave all men their
light and darkness strive in 〈◊〉 and 〈◊〉 to succeed each other or as it is said the strong man armed keeps the heart of man till a stronger then he came and cast him out And this written law proceeding either from reason or unreasonableness is called the letter whereby the creation of mankinde beasts and earth is governed according to the will of that power which rules And it is called by his opposite the letter that kils and by those of the same nature with it it is called the word of life As for example if the experienced wise and strong man bears rule then he writes down his minde to curb the unreasonable law of covetousnes and pride in unexperienced men to preserve peace in the Commonwealth And this is called the historical or traditional law because it is conveyed from one generation to another by writing as the laws of Israels Commonwealth were writ in a book by Moses and so conveyed to poposterity And this outward law is a bridle to unreasonableness or as Solomon writ it is a whip for the fools back for whom only it was added Secondly since Moses time the power of unreasonable coveteousness and pride hath sometimes rise up and corrupted that traditional law For since the power of the sword rise up in Nations to Conquer the written law hath not been to advance Common freedom and to beat down the unreasonable self-will in mankind but it hath been framed to uphold that self-will of the Conquerer right or wrong not respecting the freedome of the Commonwealth but the freedome of the Conquerer and his friends only By reason whereof much slavery hath been laid upon the backs of the plaine dealing man And men of publick spirits as Moses was have been crushed and their spirits damped thereby which hath bred first discontents and then more wars in the Nations And those who have been favorites about the Conquerer have by hypocrisie and flattery pleased their king that they might get what they can of the earth into their possession and thereby have increased the bondage of the paineful laborer if they could but catch him to act contrary to the Conquerers will called law And now the City mournes and do we not see that the laws of Kings have been alwayes made against such actions as the Common-people were most inclinable to on purpose to 〈◊〉 them into their Sessions and Courts that the Lawyers and Clergy who were the Kings supporters might get money thereby and live in fulness by other mens labors But hereby the true nature of a wel-governed Commonwealth hath been ruined and the will of Kings set up for a law and the law of righteousness law of liberty trod under foot and killed This traditional law of Kings is that letter at this day which kils true freedom and it is the 〈◊〉 of wars and persecution This is the souldier who cut Christs garment into pieces which was to have remained uncut and without seame this law moves the people to fight one against another for those pieces viz. for the several inclosures of the earth who shall possess the earth and who shall be Ruler over others But the true ancient law of God is a Covenant of peace to whole mankinde this sets the earth free to all this unites both Jew and Gentile into one brotherhood and rejects none this makes Christs garment whole againe and makes the kingdomes of the world to become Common-wealths again It is the inward power of right understanding which is the true law that teaches people in action as well as in words to do as they would be done unto But thus much in general what law is hereafter followes what those particular laws may be whereby a Commonwealth may be governed in peace and all burdens removed which is a breaking forth of that law of liberty which will be the joy of all Nations when he arises up and is established in his brightness Short and pithy laws are best to govern a Commonwealth The laws of Israels Commonwealth were few short and pithy and the government thereof was established in peace so long as officers and people were obedient thereunto But those many laws in the dayes of the Kings of England which were made some in times of Popery and some in times of Protestantism and the proceedings of the law being in French and Latine hath produced two great evils in England First it hath occasioned much ignorance among the people and much contention and the people have mightily erred through want of knowledge and thereby they have run into great expence of money by suits of law or else many have been imprisoned whipped banished lost their estates and lives by that law which they were ignorant of till the scourge thereof was upon their backs this is a sore evil among the people Secondly the peoples ignorance of the laws hath bread many sons of contention for when any difference fals out between man and man they neither of them know which offends the other therefore both of them thinking their cause is good they delight to make use of the law and then they go and give a Lawyer mony to tell them which of them was the offender The Lawyer being glad to maintain their own trade sets them together by the ears till all their moneys be near spent and then bids them refer the business to their neighbors to make them friends which might have been done at the first So that the course of the Law and Lawyers hath been a 〈◊〉 snare to entrap the people and to pull their Estates from them by 〈◊〉 for the Lawyers do uphold the Conquerors Interest and the peoples Slavery so that the King seeing that did put all the affairs of Judicature into their hands And all this must be called Justice but it is a 〈◊〉 Evil But now if the Laws were few and short and often read it would prevent those Evils 〈◊〉 every one knowing when they did well and when ill would be very cautious of their words and actions and this would escape the Lawyers craft As Moses Laws in Israels Commonwealth The People did talk of them when they lay down and when they rose up and as they walked by the way and bound them as bracelets upon their hands so that they were an understanding people in the Laws wherein their peace did depend But it is a sign that England is a blinded and a snared generation their Leaders through pride and covetousness have caused them to err yea and perish too for want of the knowledg of the Laws which hath the power of Life and Death Freedom and Bondage in its hand But I hope better things hereafter What may be those particular Laws or such a method of Laws whereby a Commonwealth may be governed 1. The bare letter of the Law established by act of Parliament shall be the Rule for Officer and People and the chief Judg of all Actions 2. He or they who add or diminish
away the purchased Land from the Purchasers or from part of them into the hands of particular men to uphold Monarchial Principles But though this be a fault let it be bore withall it was ignorance of brethren for England hath layn so long under Kingly slavery that few knew what Common Freedom was And let a restoration of this redeemed Land be speedily made by them who have the possession of it For there is neither Reason nor Equity that a few man should go away with that Land and Freedom which the whole Commoners have paid Taxes Free-quarter and wasted their Estates Healths and Blood to purchase out of Bondage and many of them are in want of a comfortable livelyhood Well these are the men that take away other mens Rights from them and they are Members of the covetous generation of Self-seekers therefore unfit to be chosen Officers or to choose Who then are fit to be chosen Commonwealths Officers Why truly choose such as have a long time given testimony by their actions to be Promoters of Common Freedom whether they be Members in Church fellowship or not in Church fellowship for all are one in Christ Choose such as are men of peaceable spirits and of a peaceable conversation Choose such as have suffered under Kingly Oppression for they will be fellow-feelers of others bondages Choose such as have adventured the loss of their Estates and Lives to redeem the Land from Bondage and who have remained constant Choose such as are understanding men and who are experienced in the Laws of peaceable and right ordered Government Choose men of courage who are not afraid to speak the Truth for this is the shame of many in England at this day they are drowned in the dunghill mud of slavish fear of men these are covetous men not fearing God and their portion is to be cast without the City of Peace amongst the Dogs Choose Officers out of the number of those men that are above forty years of age for these are most likely to be experienced men and all these are likely to be men of courage dealing truly and hating Covetousness And if you choose men thus principled who are poor men as times go for the Conquerors Power hath made many a righteous man a poor man then allow them a yearly Maintenance from the Common Stock until such time as a Commonwealths Freedom is established for then there will be no need of such allowances What is the reason that most people are so ignorant of their Freedoms and so few fit to be chosen Commonwealths Officers Because the old Kingly Clergy that are seated in Parishes for lucre of Tythes are continually distilling their blind Principles into the people and do thereby nurse up Ignorance in them for they observe the bent of the peoples minds and make Sermons to please the sickly minds of ignorant people to preserve their own riches and esteem among a charmed befooled and befotted people CHAP. IV. What are the Officers Names in a free Commonwealth IN a private Family a Father or Master is an Officer In a Town City or Parish A Peace-maker A four-fold Office of Overseers A Souldier A Task-master An Executioner In a County or Shire A Judg. The Peace-makers of every Town within that Circuit The Overseers and Soldiers attending thereupon This is called either the Judges Court or the County Senate In a whole Land A Parliament A Commonwealths Ministry A Post-master An Army All these Offices are like links of a Chain they arise from one and the same root which is necessity of Common Peace and all their works tend to preserve Common Peace therefore they are to assist each other and all others are to assist them as need requires upon pain of punishment by the breach of the Laws And the Rule of right Government being thus observed may make a whole Land nay the whole Fabrick of the Earth to become one family of Mankind and one well governed Commonwealth as Israel was called one house of Israel though it consisted of many Tribes Nations and Family The Work of a Father or Master of a Family A Father is to cherish his children till they grow wise and strong and then as a Master he is to instruct them in reading in learning languages Arts and Sciences or to bring them up to labour or employ them in some Trade or other or cause them to be instructed therein according as is shewed hereafter in the Education of Mankind A Father is to have a care that as all his children do assist to plant the Earth or by other Trades provide necessaries so he shall see that every one have a comfortable livelyhood not respecting one before another He is to command them their work and see they do it and not suffer them to live idle he is either to reprove by words or whip those who offend for the Rod is prepared to bring the unreasonable ones to experience and moderation That so children may not quarrel like beasts but live in Peace like rational men experienced in yielding obedience to the Laws and Officers of the Commonwealth every one doing to another as he would have another do to him The Work of a Peace-maker In a Parish or Town may be chosen three four or six Peace-makers or more according to the bigness of the place and their work is twofold First In general to sit in Councel to order the Affairs of the Parish to prevent troubles and to preserve Common Peace and here they may be called Councellors Secondly If there arise any matters of offence between man and man by reason of any quarrels disturbance or foolish actings the offending parties shall be brought by the Souldiers before any one or more of these Peace-makers who shall hear the matter and shall endeavor to reconcile the parties and make peace and so put a stop to the rigor of the Law and go no further But if the Peace-maker cannot perswade or reconcile the parties then he shall command them to appear at the Judges Court at the time appointed to receive the Judgment of the Law If any matters of publike concernment fall out wherein the Peace of the City Town or Country in one County is concerned then the Peace-makers in every Town thereabouts shall meet and consult about it and from them or from any six of them if need require shall issue forth any Order to inferior Officers But if the matters concern only the limits of a Town or City then the Peace-makers of that Town shall from their Court send forth Orders to inferior Officers for the performing of any publike service within their limits Thirdly If any proof be given that any Officer neglects his duty a Peace-maker is to tell that Officer between them two of his neglect and if the Officer continue negligent after this reproof the Peace-maker shall acquaint either the County Senate or the National Parliament therewith that from them the offendor may receive condign punishment And
it is all to this end that the Laws be obeyed for a careful Execution of Laws is the Life of Government And while a Peace-maker is careful to oversee the Officers all Officers and others shall assist him upon pain of forfeiture of Freedom or other punishment according to the Rules following One thing remember That when any offendor is brought before any of these chief Peace-makers then this is to be noted that the offendor hath rejected mercy once before by refusing to yield obedience to the Overseers as is explained further hereafter The Work of an Overseer In a Parish or Town there is to be a fourfold degree of Overseers which are to be chosen yearly The first is an Overseer to preserve Peace in case of any quarrels that may fall out between man and man for though the Earth with her fruits be a common Treasury and is to be planted and reaped by common Assistance of every family yet every house and all the furniture for ornament therein is a propriety to the Indwellers and when any family hath fetched in from the Store-houses or shops either Clothes food or any ornament necessary for their use it is all a propriety to that family And if any other family or man come to disturb them and endeavor to take away furniture which is the ornament of his neighbors house or to burn break or spoyl wilfully any part of his neighbors houses or endeavor to take away either the food or clothing which his neighbor hath provided for his use by reason whereof quarrels and provoking words may arise This Office of Overseers is to prevent disturbance and is an Assistance to the Peace-maker and at the hearing of any such offence this Overseer shall go and hear the matter and 〈◊〉 to perswade the offendor and to keep peace and if friendship be made and subjection be yielded to the Laws for the Peace of the Commonwealth the offendor is only to be reproved for his rashness by this Overseer and there is an end But if the offendor be so violent that he will not refrain his offence to his neighbor at this Overseers perswasion but remain stiff and stubborn this Overseer shall then give out an Order to the Souldier to carry the body of the offendor before the Councel of the Peace-makers or before any one or more of them And if the offendor will not yield obedience to the Laws of Peace by the perswasion of the chief Peace-makers neither then this is to be noted to be the second time that this offendor hath refused mercy Then shall the Peace-maker appoint him a day and command him to appear before the Judges Court either in the City or Country where the offence is given and there he shall receive sentence according to the rigor of the Law And if an Overseer should make peace and do not send the offendor to the Peace-makers Court yet this shall be noted the first time of such a ones disobedience to the Laws And all this is to prevent quarrels and offences and the chief Peace-makers or Counsellors may not always be at hand at the beginning of such disturbance therefore this Overseer is an Assistance thereunto and is a Member of that Court One man shall not take away that Commodity which another man hath first layd hands on for any Commodity for use belongs to him that first layd hands of it for his use and if another come and say I will have it and so offences do arise this Overseer shall go to them or give order to the Souldier to bring the offendor to him and shall endeavor to make peace either by giving the Commodity to him who first layd hands on it or else by taking the Commodity from both and bid them go to the Store-houses and fetch more seeing the Store-houses are full and afford plenty of the same Commodities giving the offendor a sharp reproof for offering to break the Peace noting this to be the first time that such a one offered violence to break the Laws of Peace And all persons whatsoever shall assist the Overseers herein and if any person strike or affront by words this Overseer he shall give order to the Souldier to carry him before the Peace-makers and from them the offendor shall receive a Command to appear before the Judges Court where he shall receive the sentence of the Law without mitigation For when a Peace-maker or Conncellor doth appoint an offendor to appear before the Judges Court such an offendor hath refused mercy twice All this is to be done in case of small offences but if any offence be offered by any which comes within compass of death there shall be no Peace-maker to be a Mediator aforehand but the offendor shall be tryed by the Law The second Office of Overseership is for Trades And this Overseer is to see that young people be put to Masters to be instructed in some labour Trade Science or to be waiters in Store-houses that none be idly brought up in any family within his Circuit Likewise this Overseer is to assist any Master of a family by his advice and counsel in the secrets of his Trades that by the experience of the Elders the young people may learn the inward knowledg of the things which are and find out the secrets of Nature And seeing there are variety of Trades there are to be chosen Overseers for every Trade so many Overseers as the largeness of the Town and City requires and the employment of this Overseer is not to work unless he will himself but to go from house to house to view the works of the people of every house belonging to his Trade and Circuit and to give directions as he sees cause and see that no youth be trained up in idleness as is said And if this Overseer find any youth more capable and fit for another Trade then his own he shall speak to some Overseers of another Trade who shall provide him a Master with the consent of his father and appoint him what family to live in And if the father of a family be weak sick or naturally foolish wanting the power of wisdom and government or should be dead before his children should be instructed then the Overseers of this Trade wherein the Father was brought up are to put those Children into such Families where they may be instructed according to the Law of the Common-wealth One man may be an Overseer for twenty or thirty Families of Shoomakers another for Smiths another for Weavers of Cloth another for the Keepers of Storehouses or Shops for every Trade is to have an Overseer for that particular Trade And truly the Government of the Halls and Companies in London is a very rational and well ordered Government and the Overseers of Trades may very well be called Masters Wardens and Assistants of such and such a Company for such and such a particular Trade Onely two things are to be practised to preserve peace The first is