[Here, as also in other Laws yet to follow, Winstanley, and as it seems to us without sufficient grounds, gives up the position taken up in The New Law of Righteousness, that capital punishment was absolutely unjustifiable.]
[Here, as also in other Laws yet to follow, Winstanley, and as it seems to us without sufficient grounds, gives up the position taken up in The New Law of Righteousness, that capital punishment was absolutely unjustifiable.]
4. The Laws shall be read by the Minister to the People four times in the year, viz., every quarter; that everyone may know whereunto they are to yield obedience, that none may die for want of knowledge.
5. No accusation shall be taken against any man unless it be proved by two or three witnesses, or his own confession.
6. No man shall suffer any punishment but for matter of fact or reviling words. But no man shall be troubled for his judgement or practice in the things of his God, so he live quiet in the Land.
7. The accuser and the accused shall always appear face to face before any Officer; that both sides may be heard, and no wrong to either party.
8. If any Judge execute his own will contrary to the Law, or where there is no Law to warrant him in, he shall be cashiered, and never bear Office more.
9. He who raises an accusation against any man, and cannot prove it, shall suffer the same punishment as the other should, if proved. An accusation is, when one man complains of another to an Officer, all other accusations the Law takes no notice of.
10. He who strikes his neighbor shall be struck himself by the executioner, blow for blow, and shall lose eye for eye, tooth for tooth, limb for limb, life for life. And the reason is that men should be tender of one another’s bodies, doing as they would be done by.
11. If any man strike an Officer, he shall be made a servant under the Task-master for a whole year.
12. He who endeavours to stir up contention among neighbors, by tale-bearing or false reports, shall the first time be reproved openly by the Overseers among the people. The second time he shall be whipped. The third time he shall be a servant under the Task-master for three months. And if he continue, he shall be a servant for ever, and lose his Freedom in the Commonwealth.
13. If any give reviling or provoking words, whereby his neighbor’s spirit is burdened, if complaint be made to the Overseers, they shall admonish the offender privately to forbear. If he continue to offend his neighbor, the next time he shall be openly reproved and admonished before the Congregation when met together. If he continue, the third time he shall be whipped; the fourth time, if proof be made by witnesses, he shall be a servant under the Task-master for twelve months.
14. He who will rule as a Lord over his Brother, unless he be an Officer commanding obedience to the Law, he shall be admonished as aforesaid, and receive like punishment, if he continue.
Laws for the Planting of the Earth.
15. Every household shall keep all instruments and tools fit for the tillage of the Earth, either for planting, reaping or threshing. Some households, which have many men in them, shall keep ploughs, carts, harrows, and such like. Other households shall keep spades, pick-axes, pruning hooks, and such like, according as every family is furnished with men to work therewith. And if any Master or Father of a Family be negligent herein, the Overseer for that Circuit shalladmonish him between them two. If he continue negligent, the Overseer shall reprove him before all the people. And if he utterly refuse, then the ordering of that Family shall be given to another, and he shall be Servant under the Task-*master till he reform.
16. Every Family shall come into the field with sufficient assistance at seed time, to plough, dig and plant, and at harvest time to reap the fruits of the Earth, and to carry them into the Storehouses, as the Overseers order the work and the number of workmen. If any refuse to assist in the work, the Overseer shall ask the reason; and if it be sickness or any distemper that hinders them, they are freed from such service; if mere idleness keep them back, they are to suffer punishment according to the Laws against Idleness.
Laws Against Idleness.
17. If any refuse to learn a trade, or refuse to work in seed-time, or refuse to be a waiter in storehouses, and yet will feed and clothe himself with other men’s labors, the Overseer shall first admonish him privately. If he continue idle, he shall be reproved openly before all the people by the Overseer, and shall be forbore with a month after this reproof. If he still continue idle, he shall be whipped, and let go at liberty for a month longer. If still he continue idle, he shall be delivered into the Task-master’s hand, who shall set him to work for twelve months, or till he submit to right order. The reason why every young man shall be trained up in some work or other, is to prevent pride and contention; it is for the health of their bodies; it is a pleasure to the mind to be free in labors one with another; and it provides plenty of food and all necessaries for the Commonwealth.
Laws for Storehouses.
18. In every Town and City shall be appointed Storehouses for flax, wood, leather, cloth, and for all such commodities as come from beyond seas. These shall be called General Storehouses, whence every particular Family may fetch such commodities as they want, either for their own use in their house, or for to work in their trades, or to carry into the Country Storehouses.
19. Every particular house and shop in a town or city shall be a particular Storehouse or Shop, as now they be. Andthese shops shall either be furnished by the particular labor of that family according to the trade that family is of, or by the labor of other lesser families of the same trade, as all shops in every town are now furnished.
20. The waiters in Storehouses shall deliver the goods in their charge without receiving any money, as they shall receive in their goods without paying any money.
21. If any waiter in a Storehouse neglect his Office, upon a just complaint, the Overseers shall acquaint the Judge’s Court therewith; and from thence he shall receive his sentence, to be discharged that house and office, to be appointed some other work under the Task-master; and another shall have his place. For he who may live in Freedom and will not, is to taste of servitude.
Laws for Overseers.
22. The only work of every Overseer is to see the Laws executed. For the Law is the True Magistracy of the land.
23. If any Overseer favour any in their idleness and neglect the execution of the Laws, he shall be reproved, the first time by the Judge’s Court; the second time cashiered his Office, and shall never bear Office more, but fall back into the ranks of young people and servants to be a worker.
24. New Overseers, at their first entrance into their office, shall look back upon the actions of the Old Overseers of the last year, to see if they have been faithful in their places, and consented to no breach of Law, whereby Kingly Bondage should in any way be brought in.
25. The Overseers for Trades shall see every Family to lend assistance to plant and reap the fruits of the Earth, to work in their Trades, and to furnish the Storehouses. And to see that the Waiters in Storehouses be diligent to receive in and deliver out any goods, without buying and selling, to any man whatsoever.
26. While any Overseer is in performance of his place, every one shall assist him, upon pain of open reproof (or cashiered if he be another Officer) or forfeiture of freedom, according to the nature of the business in hand, in which he refused his assistance.
Laws against Buying and Selling.
27. If any man entice another to buy and sell, and he who is enticed does not yield, but makes it known to theOverseer, the enticer shall lose his freedom for twelve months, and the Overseer shall give words of commendation of him that refused the enticement before all the Congregation, for his faithfulness to the Commonwealth’s Peace.
The Unpardonable Sin!
28. If any do buy and sell the Earth, or the fruits thereof, unless it be to or with strangers of another Nation, according to the Law of Navigation, they shall be both put to death as Traitors to the Peace of the Commonwealth. Because it brings in Kingly Bondage again, and is the occasion of all quarrels and oppressions.
29. He, or she, who calls the Earth his, and not his brother’s, shall be set upon a stool, with those words written in his forehead, before all the Congregation, and afterwards be made a Servant for twelve months under the Task-master. If he quarrel, or seek by secret persuasion or open rising in arms to set up such a Kingly Propriety, he shall be put to death.
30. The Storehouses shall be every man’s subsistence, and not any ones.
31. No man shall either give hire or take hire for his work; for this brings in Kingly Bondage. If any Freeman want help, there are young people, or such as are common servants, to do it by the Overseer’s appointment. He that gives and he that hires for work, shall both lose their freedom and become Servants for twelve months under the Task-master.
Laws for Navigation.
32. Because other Nations as yet own Monarchy, and will buy and sell, therefore it is convenient for the peace of our Commonwealth, that our ships do transport our English goods and exchange for theirs, and conform to the customs of other Nations in buying and selling: Always provided that what goods our ships carry out, they shall be the Commonwealth’s goods; and all their trading with other Nations shall be upon the Common Stock, to enrich the Storehouses.
Laws for Silver and Gold.
33. As Silver and Gold is either found out in mines in our own Land, or brought by shipping from beyond Sea, itshall not be coined with a Conqueror’s stamp upon it, to set up buying and selling under his name, or by his leave. For there shall be no other use for it in the Commonwealth than to make dishes and other necessaries for the ornament of houses, as now there is use made of brass, pewter and iron, or any other metal in their use. But in case other Nations whose commodities we want, will not exchange with us unless we give them money, then pieces of silver and gold may be stamped with the Commonwealth’s Arms upon them, for the same use and no otherwise.
For where money bears all the sway, there is no regard of that Golden Rule, “Do as you would be done by.” Justice is bought and sold; nay, Injustice is sometimes bought for money; and it is the cause of all wars and oppressions. Certainly the Righteous Spirit of the Whole Creation did never enact a Law that his weak and simple men should go from England to the East Indies and fetch silver and gold to bring in their hands to their bretheren, and give it them for their good-will to let them plant the Earth, and live and enjoy their livelihood therein.
Laws to choose Officers.
34. All Overseers and State Officers shall be chosen new every year, to prevent the rise of Ambition and Covetousness. For the Nations have smarted sufficiently by suffering Officers to continue long in an Office, or to remain in an Office by hereditary succession.
35. A man who is of a turbulent spirit, given to quarrelling and provoking words to his neighbor, shall not be chosen any Officer while he so continues.
36. All men of twenty years of age upwards shall have freedom of voice to choose Officers, unless they be such as lie under sentence of the Law.
37. Such shall be chosen Officers as are rational men of moderate conversation, and who have experience in the Laws of the Commonwealth.
38. All men from forty years of age upwards shall be capable to be chosen State Officers, and none younger, unless any one by his industry and moderate conversation doth move the people to choose him.
39. If any man make suit to move the people to choose him an Officer, that man shall not be chosen at all that time. Ifanother man shall persuade the people to choose him that made suit for himself, they shall both loose their freedom at that time, viz., they shall neither have a voice to choose another, nor be chosen themselves.
Laws against Treachery.
40. He who professes the service of a righteous God by preaching and prayer, and makes a trade to get the possessions of the Earth, shall be put to death for a Witch and a Cheater.
41. He who pretends one thing in words, and his actions declare his intent was another thing, shall never bear Office in the Commonwealth.
What is Freedom?
Every Freeman shall have a Freedom in the Earth, to plant or build, to fetch from the Storehouses anything he wants, and shall enjoy the fruits of his labor without restraint from any. He shall not pay Rent to any Landlord. He shall be capable of being chosen Officer, so he be above forty years of age, and he shall have a voice to choose Officers though he be under forty years of age. If he want any young men to be assistants to him in his trade or household employment, the Overseers shall appoint him young men or maids to be his servants in his family.
Laws for such as have lost their Freedom.
42. All those who have lost their freedom shall be clothed in white woollen cloth, that they may be distinguished from others.
43. They shall be under the government of a Task-master, who shall appoint them to be porters or laborers, to do any work that any Freeman wants to be done.
44. They shall do all kinds of labor without exception, but their constant work shall be carriers or carters, to carry corn or other provision from Storehouse to Storehouse, from Country to Cities, and thence to Countries.
45. If any of these refuse to do such work, the Task-master shall see them whipped, and shall feed them with coarse diet. And what hardship is this? For Freemen work the easiest work, and these shall work the hardest work. Andto what end is this but to kill their Pride and Unreasonableness, that they may become useful men in the Commonwealth?
46. The wife or children of such as have lost their Freedom shall not be as slaves till they have lost their Freedom as their parents and husbands have done.
47. He who breaks any laws shall be the first time reproved in words in private or in public, as is shown before; the next time whipped; the third time lose his Freedom, either for a short time or for ever, and not to be any Officer.
48. He who hath lost his Freedom shall be a common servant to any Freeman who comes to the Task-master and requires one to do any work for him. Always provided, that after one Freeman hath by the consent of the Task-master appointed him his work, another Freeman shall not call him thence till that work be done.
49. If any of these offenders revile the Laws by words, they shall be soundly whipped and fed with coarse diet. If they raise weapons against the Laws, they shall die as Traitors.
Laws to restore Slaves to Freedom.
50. When any Slaves [i.e.those who have lost their Freedom] give open testimony of their humility and diligence, and of their care to observe the Laws of the Commonwealth, they are then capable to be restored to their Freedom, when the time of servitude has expired, according to the Judge’s sentence. But if they continue opposite to the Laws, they shall continue slaves for another term of time.
51. None shall be restored to Freedom till they have been a twelve month laboring servants to the Commonwealth; for they shall winter and summer in that condition.
52. When any is restored to Freedom, the Judge at the Senator’s Court shall pronounce his Freedom, and give liberty to him to be clothed in what other coloured garments he will.
53. If any person be sick or wounded, the Chyrurgeons, who are trained up in the knowledge of Herbs and Minerals, and know how to apply plasters or physick, shall go when they are sent for to any who need their help, but require no reward, because the Common Stock is the public pay for every man’s labor.
54. When a dead person is to be buried, the Officers ofthe Parish and neighbors shall go along with the corpse to the grave, and see it laid therein in a civil manner; but the public Minister nor any other shall have any hand in reading or exhortation.
[Whatever we may think of this latter proviso, certain it is that it would put an end to many unseemly squabblings at a time when they are specially to be avoided.]
[Whatever we may think of this latter proviso, certain it is that it would put an end to many unseemly squabblings at a time when they are specially to be avoided.]
55. When a man hath learned his Trade, and the time of his seven years Apprenticeship has expired, he shall have his Freedom to become Master of a Family, and the Overseers shall appoint him such young people to be his servants as they think fit, whether he marry or live a single life.
Laws for Marriage.
56. Every man and woman shall have the free liberty to marry whom they love, if they can obtain the love and liking of that party whom they would marry, and neither birth nor portion shall hinder the match. For we are all of one blood, mankind, and for portion, the Common Storehouses are every man and maid’s portion, as free to one as to another.
57. If any man lie with a maid and beget a child, he shall marry her.
58. If a man lie with a woman forcibly, and she cry out and give no consent; if this be proved by two witnesses, or the man’s confession, he shall be put to death, and the woman let go free: it is robbery of a woman’s bodily freedom.
59. If any man by violence endeavour to take another man’s wife, the first time of such violent offer he shall be reproved before the Congregation by the Peacemaker; the second time he shall be made a Servant under the Task-master for twelve months; and if he forcibly lie with another man’s wife, and she cry out, as is the case when, a maid is forced, the man shall be put to death.
60. When any man or woman have consented to live together in marriage, they shall acquaint all the Overseers in the Circuit therewith, and some other neighbors. And being all met together, the man shall declare with his own mouth before them all that he takes that woman to be his wife, and the woman shall say the same, and desire the Overseers to be witnesses.
Laws to secure Economy.
61. No Master of a Family shall suffer more meat to be dressed at a dinner or supper than will be spent and eaten by his household or company present, or within such a time after before it be spoilt. If there be any spoil constantly made in a family of the food of man, the Overseer shall reprove the Master for it privately; if that abuse be continued in his family, through his neglect of family government, he shall be openly reproved by the Peacemaker before all the people, and ashamed for his folly; the third time he shall be made a servant for twelve months under the Task-master, so that he may know what it is to get food, and another shall have the oversight of his house for the time.
62. No man shall be suffered to keep house and have servants under him till he hath served seven years under command to a Master himself. The reason is that a man may be of age and of rational carriage before he be made a Governor of a Family, that the peace of the Commonwealth may be preserved.
COMPLETE LIST OF “DIGGER” PUBLICATIONS.
Winstanley, The Mystery of God concerning the Whole Creation, Mankind.—April 1648. (British Museum, Press Mark, 4377, a. 1.)”The Breaking of the Day of God.—May 1648. (British Museum, P. M., 4377, a. 2.)”The Saints’ Paradise: Or the Father’s Teaching the Only Satisfaction to Waiting Souls.—August or September 1648. (British Museum, P. M., E. 2137.)”Truth Lifting up its Head above Scandals.—October 1648. (British Museum, P. M., 4372, a.a. 17.)”(?) Light Shining in Buckinghamshire.—December 1648. (British Museum, P. M., E. 475 (11).)”(?) More Light Shining in Buckinghamshire.—March 1649. (British Museum, P. M., E. 548 (33).)”(?) A Declaration from the Well Affected in the County of Buckinghamshire.—May 1649. (British Museum, P. M., E. 555.)”The New Law of Righteousness.—January 1649. (Jesus College Library, Oxford.)”Fire in the Bush: The Spirit burning, not consuming but purging, Mankind.—March 1649. (Bodleian Library.)”A Declaration from the Poor Oppressed People of England.—March 1649. (British Museum, Press Mark, 1027, i. 16 (3).)”The True Levellers’ Standard Advanced: Or the State of Community opened and presented to the Sons of Men.—April 1649. (British Museum, P. M., E. 552.)”A Declaration of the Bloody and Unchristian Acting of William Star and John Taylor of Walton, with diverse men in women’s apparel, in opposition to those that dig upon St. Georges Hill.—June 1649. (British Museum, Press Mark, E. 561.)”A Letter to Lord Fairfax and his Council of War.—June 1649. (British Museum, P. M., E. 560 (1).)”An Appeal to the House of Commons.—July 1649. (British Museum, P. M., E. 564. Also at the Guildhall Library.)”A Watchword to the City of London.—August 1649. (British Museum, P. M., E. 573. Also at the Guildhall Library.)”A Second Letter to Lord Fairfax.—December 1649. (Clarke Papers, vol. ii. pp. 217-220.)Coster, Robert, A Mite cast into the Common Treasury.—December 1649. (British Museum, P. M., E. 585.)”The Diggers’ Mirth. (British Museum, P. M., E. 1365.)”The Diggers’ Song. (Clarke Papers, vol. ii. p. 218.)Winstanley, A New Year’s Gift for the Parliament and Army.—January 1650. (British Museum, P. M., E. 587.)”A Vindication of Those whose Endeavour it is only to make the Earth a Common Treasury, called Diggers.—February 1650. (British Museum, P. M., E. 1365.)”An Appeal for Money.—April 1650. (See “A Perfect Diurnal,” British Museum, P. M., E. 534.)”A Declaration from Wellingborrow, in the County of Northampton.—March 1650. (British Museum, under Wellinborrow, P. M., S. Sh. fol. 669 f., 15. 21.)”An Appeal to all Englishmen to Judge between Bondage and Freedom.—March 1650. (British Museum, P. M., S. Sh. fol. 669 f., 15. 23.)”An Humble Request to the Ministers of Both Universities and to all Lawyers of every Inns-a-Court.—April 1650. (Dyce and Forster’s Library, South Kensington Museum.)”The Law of Freedom in a Platform: Or True Magistracie Restored.—February 1652. (British Museum, P. M., E. 655. Also at the Guildhall and Bodleian Libraries.)
Agreement of the People,29,32,87,103.Anabaptists,15,18.Army, the Model, Views of,29;Declaration of (1647),93 (note).Army Council, Resolution of,33;Debate of,103,108.Baptism, Winstanley on,64.Barclay (Apology), quoted,58,60,65.Baxter (Thos.), quoted,50 (note).Beard (Hibbert Lectures, 1883), quoted,4,10,15,18.Buckle, quoted,1,21,22.Capital Punishment, Winstanley on,69.Carlyle, quoted,38,165,166,168,170.Cartwright, Thos., quoted,20.Chalmers, John, quoted,63.Chillingworth, quoted,21.Clarke Papers, quoted,29,34,35,36,53,103,106,108,122,124,130.Clergy, Winstanley on,62,167,189.Coomber, Thos., quoted,49.Coster, Robert,126.Council of State, Letter to Fairfax,35;to Mr. Pentlow,159.Croese, Gerrard, quoted,49 (note).Cromwell, Oliver, quoted,32,33,53,165,166,168,170;Open Letter to,164.Diggers, Information against,34;Fairfax’s visit to,39;Mirth,129;Declaration of,91;Sufferings of,143;Travels,150.Dispensations, Winstanley on,53;Cromwell on,53.Doctrines, Family of Love,16,18;Presbyterian,20,32;Model Army,29;Independent,31,32;Children of Light,52,65;Anabaptists,15,18.Dove, Patrick Edward, quoted,228.Earth, Right to use of, Winstanley on,70,74,76,80,83,90,96,104,118,132,170,180,213.England, Reformation in,12;Church of,13.Erasmus, quoted,15,18.Everard,36,38.Fairfax, Lord, Council of State to,35;Gladman to,39;Visit to Diggers,39;Winstanley’s letters to,100,124.Fall, the, Winstanley on,44,53,70.Family of Love, History of,15;Doctrines of,16,18.Freedom, Winstanley on,100,112,114,179.Fuller on Family of Love,16.Gardiner, quoted,25,29,30,31,32,33,87,163.George, Henry, quoted,146,205,228,234.Golden Rule, Winstanley on the,39,56,80,81,86,141,154,171,190,217,225.Government, Winstanley on,68,101,177;Definition of,181.Hallam, quoted,24.Hare’s pamphlets,38.Hooker, quoted,21,23.House of Commons, Apology of,25;Remonstrance of,27;Officers’ Petition to,86;Appeal to,105.Independents, Origin of,14;Growth of,33;Doctrines of,31.Ireton, quoted,106 (note).Israel’s Commonwealth, Winstanley on,82,93,225.Kingly Power, Winstanley on,34,100,130,168,177,202,220.Land Question, Winstanley on the,70,71,124,138,156,171,175,180.Law, Winstanley on,102,136,141,168,171,183,192,197,220;Definition of,222.Lawyers, Questions to,102;Power of,168,225.Light, The Inward,45,46,52,57,59,60,63,66,77,141,183,225;Children of,17,49,54.Locke, John, quoted,74,179,197 (note),200 (note).Lockyer, Execution and burial of,87.Love, The Everlasting Law of,217;Family of,15,16,18.Luther, quoted,4,10.Macaulay, quoted,23,24,28.Mackay, Charles, quoted,207.Mather, Cotton, on origin of Quakers,48.Melanchthon, quoted,9.Ministry, Winstanley on the work of,207.Officers, Petition of,86;Winstanley on functions of,184.Parliament, The Short and Long,26;Winstanley on work of,194,197.Peasantry, Demands of German,8;Condition of English,126,141,151,159.Penn, William, on Quaker Doctrines,48 (note).People, Agreement of,29,32,87,103;Condition of,126,141,151,159.Politics, Influence of religion on,8.Prayer, Winstanley on,63,65.Presbyterianism, Doctrines of,20,32.Quakers, Doctrines of,47 (note);Coomber on origin of,49;Cotton Mather on,48 (note);Thos. Bennet on,49 (note);a Declaration from,54 (note);Appeal of Army,85 (note).Rainborrow, Colonel, Views of,103,108.Ranters, Winstanley on the,147.Reason, Luther on,4;Hooker on,21;Winstanley on,44,48,59,76.Reformation, influence of the,3,10,12.Religion, Dual nature of,6;Winstanley, Definition of,139.Restoration, the, Legislation of,110.Resurrection, the, Winstanley on,47,60,66.Revolt, The Peasants’,6,Appendix A.Riches, Winstanley on,173.Rogers, Thorold, quoted,7,89,109,110.Rowntree, J. S., quoted,48,58.Ruskin, John, quoted,61 (note).Sexby, Edward, Views of,103.Shelley, quoted,162,178,179.Silence, the Law of, Winstanley on,65.Teachings, Human and divine,52,57,59,209,211.Tithes,85,167,173.Toleration,13,19,31,32,Appendix B.Vagrants, Laws against,109.Wellingborrow, declaration from,150.Whitelocke, quoted,37,86,87,152,159.Wyclif, teachings of,6,13.Winstanley, on Baptism,64;Capital Punishment,69;Clergy,62,167,189;Dispensations,53;Earth, rights to use of,70,74,76,80,83,90,96,104,118,132,170,180,213;Ecclesiastical Power,55;Education,214;Fall, the,44,53,70;Freedom,100,112,114,179;Golden Rule, the,39,56,80,81,86,141,154,171,190,217,225;Government,68,101,177,181;Israel’s Commonwealth,82,93,225;Kingdom of Heaven,47,48,61,66,211;Kingly Power,34,100,133,168,177,202,220;Land Question,70,71,124,138,156,171,175,180;Law,102,136,141,168,171,183,192,197,220,222;Lawyers, questions to,102;power of,168,225;Light, the Inward,45,46,52,57,60,63,66,77,141,183,225;Love, the Law of,217;Ministry, work of a,207;Officers, work of,184;Parliament, work of,194,197;Prayer,63,65;Reason,44,48,59,76;Religion,137;Resurrection, the,47,60,66;Riches,173;Silence, the Law of,65;Teachings, human and divine,52,57,59,209,211;Tithes,167,173;Titles of Honour,173.
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