“Look on yonder earth:The golden harvests spring; the unfailing sunSheds light and life; the fruits, the flowers, the trees,Arise in due succession; all things speakPeace, harmony and love.... Is Mother EarthA step-dame to her numerous sons, who earnHer unshared gifts with unremitting toil;A mother only to those puling babesWho, nursed in ease and luxury, make menThe playthings of their babyhood, and mar,In self-important childishness, that peaceWhich men alone appreciate?”—Shelley.
“Look on yonder earth:The golden harvests spring; the unfailing sunSheds light and life; the fruits, the flowers, the trees,Arise in due succession; all things speakPeace, harmony and love.... Is Mother EarthA step-dame to her numerous sons, who earnHer unshared gifts with unremitting toil;A mother only to those puling babesWho, nursed in ease and luxury, make menThe playthings of their babyhood, and mar,In self-important childishness, that peaceWhich men alone appreciate?”—Shelley.
“The end of law,” says Locke, “is not to abolish or restrain, but to preserve and enlarge freedom.” Winstanley evidently held the same view; for he commences this, his last and greatest book, as follows:
“Where true Freedom lies.“The great searching of heart in these days is to find out where true Freedom lies, that the Commonwealth of England might be established in peace. Some say, It lies in the free use of Trading, and to have all Patents, Licenses and Restraints removed: But this is a Freedom under the Will of a Conqueror. Others say, It is true Freedom to have Ministers to preach, and for people to hear whom they will, without being restrained or compelled from or to any form of worship: But this is an unsettled Freedom.... Others say, It is true Freedom that the Elder Brother shall be Land Lord of theEarth, and the Younger Brother a Servant: And this is but a half Freedom, and begets murmurings, wars and quarrels.“All these, and such like, are Freedoms; but they lead to Bondage, and are not the true Foundation-Freedom which settles a Commonwealth in Peace.“True Commonwealth’s Freedom lies in the free Enjoyment of the Earth.“True Freedom lies where a man receives his nourishment and preservation, and that is in the use of the Earth.... All that a man labors for, saith Solomon, is this, That he may enjoy the free use of the Earth with the fruits thereof (Eccles. 2. 24). Do not the Ministers preach for maintenance in the Earth? The Lawyers plead causes to get the possessions of the Earth? Doth not the Soldier fight for the Earth? And doth not the Land Lord require Rent that he may live in the fullness of the Earth by the labor of his Tenants? And so from the Thief upon the Highway to the King who sits upon the Throne, does not everyone strive, either by force of Arms or secret Cheats, to get the possessions of the Earth one from another, because they see their Freedom lies in plenty, and their Bondage lies in Poverty?”
“Where true Freedom lies.
“The great searching of heart in these days is to find out where true Freedom lies, that the Commonwealth of England might be established in peace. Some say, It lies in the free use of Trading, and to have all Patents, Licenses and Restraints removed: But this is a Freedom under the Will of a Conqueror. Others say, It is true Freedom to have Ministers to preach, and for people to hear whom they will, without being restrained or compelled from or to any form of worship: But this is an unsettled Freedom.... Others say, It is true Freedom that the Elder Brother shall be Land Lord of theEarth, and the Younger Brother a Servant: And this is but a half Freedom, and begets murmurings, wars and quarrels.
“All these, and such like, are Freedoms; but they lead to Bondage, and are not the true Foundation-Freedom which settles a Commonwealth in Peace.
“True Commonwealth’s Freedom lies in the free Enjoyment of the Earth.
“True Freedom lies where a man receives his nourishment and preservation, and that is in the use of the Earth.... All that a man labors for, saith Solomon, is this, That he may enjoy the free use of the Earth with the fruits thereof (Eccles. 2. 24). Do not the Ministers preach for maintenance in the Earth? The Lawyers plead causes to get the possessions of the Earth? Doth not the Soldier fight for the Earth? And doth not the Land Lord require Rent that he may live in the fullness of the Earth by the labor of his Tenants? And so from the Thief upon the Highway to the King who sits upon the Throne, does not everyone strive, either by force of Arms or secret Cheats, to get the possessions of the Earth one from another, because they see their Freedom lies in plenty, and their Bondage lies in Poverty?”
Then occurs this eternally true passage:
“Surely, then, oppressing Lords of Manors, exacting Land-lords and Tythe-takers, may as well say their Bretheren shall not breathe in the air, nor enjoy warmth in their bodies, nor have the moist waters to fall upon them in showers, unless they will pay them rent for it, as to say their Bretheren shall not work upon Earth, nor eat the fruits thereof, unless they will hire that liberty of them. For he that takes upon him to restrain his Brother from the liberty of the one, may upon the same ground restrain him from the liberty of all four, viz., Fire, Water, Earth and Air.“A man had better to have had no body than to have no food for it. Therefore this restraining of the Earth from Bretheren by Bretheren is oppression and bondage; but the free enjoyment thereof is true Freedom.”
“Surely, then, oppressing Lords of Manors, exacting Land-lords and Tythe-takers, may as well say their Bretheren shall not breathe in the air, nor enjoy warmth in their bodies, nor have the moist waters to fall upon them in showers, unless they will pay them rent for it, as to say their Bretheren shall not work upon Earth, nor eat the fruits thereof, unless they will hire that liberty of them. For he that takes upon him to restrain his Brother from the liberty of the one, may upon the same ground restrain him from the liberty of all four, viz., Fire, Water, Earth and Air.
“A man had better to have had no body than to have no food for it. Therefore this restraining of the Earth from Bretheren by Bretheren is oppression and bondage; but the free enjoyment thereof is true Freedom.”
Inward and Outward Bondage.
“I speak now in relation between the Oppressor and the Oppressed, the Inward Bondages I meddle not with in thisplace, though I am assured that if it be rightly searched into, the inward bondages of the mind, as covetousness, pride, hypocrisy, envy, sorrow, fears, desperation and madness, are all occasioned by the outward bondage that one sort of people lay upon another. And thus far natural experience makes it good,that true Freedom lies in the free Enjoyment of the Earth.”“What is Government in General?“Government is a wise and free ordering of the Earth and of the Manners of Mankind by observation of particular Laws or Rules, so that all the inhabitants may live peaceably in plenty and freedom in the Land where they are born and bred.”
“I speak now in relation between the Oppressor and the Oppressed, the Inward Bondages I meddle not with in thisplace, though I am assured that if it be rightly searched into, the inward bondages of the mind, as covetousness, pride, hypocrisy, envy, sorrow, fears, desperation and madness, are all occasioned by the outward bondage that one sort of people lay upon another. And thus far natural experience makes it good,that true Freedom lies in the free Enjoyment of the Earth.”
“What is Government in General?
“Government is a wise and free ordering of the Earth and of the Manners of Mankind by observation of particular Laws or Rules, so that all the inhabitants may live peaceably in plenty and freedom in the Land where they are born and bred.”
With this most suggestive, philosophic and beautiful definition of Government, Winstanley opens his second chapter, and immediately elucidates his views on this all-important subject by drawing what we regard as a true and just comparison between what he well terms Kingly Government and Commonwealth’s Government, or, what would now be termed, Aristocracy and Democracy, as follows:
“What is Kingly Government?“There is a twofold Government: a Kingly Government and a Commonwealth’s Government.“Kingly Government governs the Earth by that cheating art of buying and selling, and thereby becomes a man of contention, his hand is against every man, and every man’s hand against him ... and if it had not a Club Law to support it, there would be no order in it, because it is but the covetous and proud will of a Conqueror enslaving a conquered people.... Indeed, this Government may well be called the Government of Highwaymen, who hath stolen the Earth from the Younger Bretheren by force and holds it from them by force.... The great Lawgiver of this Kingly Government is Covetousness, ruling in the hearts of mankind, making one Brother to covet a full possession of the Earth, and a Lordly Rule over another Brother.... The Rise of Kingly Government is attributable to a politic wit in drawing the people out of Common Freedominto a way of Common Bondage:for so long as the Earth is a common Treasury to all Men, Kingly Covetousness can never reign as King.“What is Commonwealth’s Government?“Commonwealth’s Government governs the Earth without buying and selling, and thereby becomes a man of peace, and the Restorer of Ancient Peace and Freedom. He makes provision for the oppressed, the weak and the simple, as well as for the rich, the wise and the strong.... All slavery and Oppressions ... are cast out by this Government,if it be right in power as well as in name...if once Commonwealth’s Government be set upon the Throne, then no Tyranny or Oppression can look him in the face andlive.“If true Commonwealth’s Freedom lies in the free enjoyment of the Earth, as it doth, then whatsoever Law or Custom doth deprive Bretheren of their Freedom in the Earth is to be cast out as unsavoury salt.”
“What is Kingly Government?
“There is a twofold Government: a Kingly Government and a Commonwealth’s Government.
“Kingly Government governs the Earth by that cheating art of buying and selling, and thereby becomes a man of contention, his hand is against every man, and every man’s hand against him ... and if it had not a Club Law to support it, there would be no order in it, because it is but the covetous and proud will of a Conqueror enslaving a conquered people.... Indeed, this Government may well be called the Government of Highwaymen, who hath stolen the Earth from the Younger Bretheren by force and holds it from them by force.... The great Lawgiver of this Kingly Government is Covetousness, ruling in the hearts of mankind, making one Brother to covet a full possession of the Earth, and a Lordly Rule over another Brother.... The Rise of Kingly Government is attributable to a politic wit in drawing the people out of Common Freedominto a way of Common Bondage:for so long as the Earth is a common Treasury to all Men, Kingly Covetousness can never reign as King.
“What is Commonwealth’s Government?
“Commonwealth’s Government governs the Earth without buying and selling, and thereby becomes a man of peace, and the Restorer of Ancient Peace and Freedom. He makes provision for the oppressed, the weak and the simple, as well as for the rich, the wise and the strong.... All slavery and Oppressions ... are cast out by this Government,if it be right in power as well as in name...if once Commonwealth’s Government be set upon the Throne, then no Tyranny or Oppression can look him in the face andlive.
“If true Commonwealth’s Freedom lies in the free enjoyment of the Earth, as it doth, then whatsoever Law or Custom doth deprive Bretheren of their Freedom in the Earth is to be cast out as unsavoury salt.”
And after reminding his readers that “the great Lawgiver in Commonwealth’s Government is the Spirit of Universal Righteousness,” and warning them of the evils that would necessarily attend their posterity if they heeded not His dictates, he continues:
“If you do not run in the right channel of Freedom, you must, nay, you will as you do, face about and turn back again to Egyptian Monarchy; and so your names in the days of posterity shall be blasted with abhorred infamy for your unfaithfulness to Common Freedom; and the evil effects will be sharp upon the backs of posterity.“Therefore, seeing England is declared to be a Free Commonwealth, and the name thereof established by a Law; surely then the greatest work is now to be done; and that is, to escape all Kingly cheats in setting up a Commonwealth’s Government, so that the power and the name may agree together; so that all the inhabitants may live in peace, plenty and freedom.... For oppression was always the occasion why the spirit of freedom in the people desired change of government.... And the oppressions of the Kingly Government have made this age of the world to desire a Commonwealth’s Government and the removal of the Kings: for the Spirit of Light in man loves Freedom and hates Bondage.”
“If you do not run in the right channel of Freedom, you must, nay, you will as you do, face about and turn back again to Egyptian Monarchy; and so your names in the days of posterity shall be blasted with abhorred infamy for your unfaithfulness to Common Freedom; and the evil effects will be sharp upon the backs of posterity.
“Therefore, seeing England is declared to be a Free Commonwealth, and the name thereof established by a Law; surely then the greatest work is now to be done; and that is, to escape all Kingly cheats in setting up a Commonwealth’s Government, so that the power and the name may agree together; so that all the inhabitants may live in peace, plenty and freedom.... For oppression was always the occasion why the spirit of freedom in the people desired change of government.... And the oppressions of the Kingly Government have made this age of the world to desire a Commonwealth’s Government and the removal of the Kings: for the Spirit of Light in man loves Freedom and hates Bondage.”
“Where began the first original of Government in the Earth among Mankind?”
In the third chapter, under the above heading, Winstanley first points out that—“The original root of Magistracy is Common Preservation; and it rose up first in a private family,” and then continues:
Common Preservation.
“There are two roots whence Laws do spring. The first root is Common Preservation, when there is a principle in every one to seek the good of others as himself, without respecting persons: and this is the root of the tree Magistracy, and the Law of Righteousness and Peace: and all particular Laws found out by experience necessary to be practiced for common preservation, are the boughs and branches of that tree.”
“There are two roots whence Laws do spring. The first root is Common Preservation, when there is a principle in every one to seek the good of others as himself, without respecting persons: and this is the root of the tree Magistracy, and the Law of Righteousness and Peace: and all particular Laws found out by experience necessary to be practiced for common preservation, are the boughs and branches of that tree.”
The Inward Light.
“And because among the variety of mankind ignorance may grow up, therefore this Original Law is written in the hearts of every man, to be his guide and leader; so that if an Officer be blinded by covetousness and pride, and ignorance rule in him, yet an inferior man may tell him when he goes astray. ForCommon Preservation and Peace is the Foundation-Rule of all Government: therefore if any will preach or practice Fundamental Truths, or Doctrine, here you may see where the foundation thereof lies.”
“And because among the variety of mankind ignorance may grow up, therefore this Original Law is written in the hearts of every man, to be his guide and leader; so that if an Officer be blinded by covetousness and pride, and ignorance rule in him, yet an inferior man may tell him when he goes astray. ForCommon Preservation and Peace is the Foundation-Rule of all Government: therefore if any will preach or practice Fundamental Truths, or Doctrine, here you may see where the foundation thereof lies.”
Self-Preservation.
“The second root is Self-Preservation: when particular Officers seek their own preservation, ease, honor, riches, and freedom in the Earth, and do respect persons that are in power and riches with them, and regard not the peace, freedom, and preservation of the weak and foolish among Bretheren.”
“The second root is Self-Preservation: when particular Officers seek their own preservation, ease, honor, riches, and freedom in the Earth, and do respect persons that are in power and riches with them, and regard not the peace, freedom, and preservation of the weak and foolish among Bretheren.”
The Root of the Tree Tyranny.
“This is the root of the tree Tyranny, and the Law of Unrighteousness; and all particular Kingly Laws foundout by Covetous Policy to enslave one Brother to another, whereby bondage, tears, sorrows and poverty are brought upon many men, are all but the boughs and branches of that tree Tyranny.... Indeed, this Tyranny is the cause of all wars and troubles, of the removal of the Government of the Earth out of one hand into another so often as it is in all Nations. For if Magistrates had a care to cherish the peace and liberties of the common people, and to see them set free from oppression, they might sit in the Chair of Government and never be disturbed. But when their sitting is altogether to advance their own interest, and to forget the afflictions of their Bretheren who are under bondage: this is the forerunner of their own downfall, and oftentimes proves the plague of the whole Land.“Therefore the work of all true Magistrates is to maintain the Common Law, which is the root of right government, and preservation and peace to everyone; and to cast out all self-ended principles and interests, which is Tyranny and Oppression, and which breaks common peace. For surely the disorderly actings of Officers break the peace of the Commonwealth more than any men whatsoever.”
“This is the root of the tree Tyranny, and the Law of Unrighteousness; and all particular Kingly Laws foundout by Covetous Policy to enslave one Brother to another, whereby bondage, tears, sorrows and poverty are brought upon many men, are all but the boughs and branches of that tree Tyranny.... Indeed, this Tyranny is the cause of all wars and troubles, of the removal of the Government of the Earth out of one hand into another so often as it is in all Nations. For if Magistrates had a care to cherish the peace and liberties of the common people, and to see them set free from oppression, they might sit in the Chair of Government and never be disturbed. But when their sitting is altogether to advance their own interest, and to forget the afflictions of their Bretheren who are under bondage: this is the forerunner of their own downfall, and oftentimes proves the plague of the whole Land.
“Therefore the work of all true Magistrates is to maintain the Common Law, which is the root of right government, and preservation and peace to everyone; and to cast out all self-ended principles and interests, which is Tyranny and Oppression, and which breaks common peace. For surely the disorderly actings of Officers break the peace of the Commonwealth more than any men whatsoever.”
“All Officers in a true Magistracy of a Commonwealth are to be chosen Officers.“He who is a true Commonwealth’s officer is not to step into the place of Magistracy by policy or violent force, as all Kings and Conquerors do, and so become oppressing Tyrants, by promoting their self-ended Interests, or Machiavilian Cheats, that they may live in plenty and rule as Lords over their Bretheren. But a true Commonwealth’s Officer is to be a chosen one by them who are in necessity and who judge him fit for that work....“When the people have chosen all Officers, to preserve a right order in government of earth among them, then doth the same necessity of common peace move the people to say to their Overseers and Officers—‘Do you see our Laws observed for our preservation and peace, and we will assist and protect you.’ And these wordsassistandprotectimply the rising up of the people by force of arms to defend their Laws and Officers against any Invasion, Rebellion or Resistance: yea, to beat down the turbulency of any foolish or self-ended spirit that endeavours to break their common peace.”
“All Officers in a true Magistracy of a Commonwealth are to be chosen Officers.
“He who is a true Commonwealth’s officer is not to step into the place of Magistracy by policy or violent force, as all Kings and Conquerors do, and so become oppressing Tyrants, by promoting their self-ended Interests, or Machiavilian Cheats, that they may live in plenty and rule as Lords over their Bretheren. But a true Commonwealth’s Officer is to be a chosen one by them who are in necessity and who judge him fit for that work....
“When the people have chosen all Officers, to preserve a right order in government of earth among them, then doth the same necessity of common peace move the people to say to their Overseers and Officers—‘Do you see our Laws observed for our preservation and peace, and we will assist and protect you.’ And these wordsassistandprotectimply the rising up of the people by force of arms to defend their Laws and Officers against any Invasion, Rebellion or Resistance: yea, to beat down the turbulency of any foolish or self-ended spirit that endeavours to break their common peace.”
Faithful Officers and Faithless Officers.
“So that all true Officers are chosen Officers, and when they act to satisfy the necessities of them who chose them, then they are faithful and righteous servants to that Commonwealth, and then there is a rejoicing in the City. But when Officers do take the possessions of the Earth into their own hands, lifting themselves up thereby to be Lords over their Masters, the people who choose them, and will not suffer the people to plant the Earth and reap the fruits for their livelihood unless they will hire the land of them, or work for day wages for them, that they may live in ease and plenty and not work: These Officers are fallen from true Magistracy of a Commonwealth, and they do not act righteously, and because of this sorrow and tears, poverty and bondages are known among mankind, and now that City mourns.”
“So that all true Officers are chosen Officers, and when they act to satisfy the necessities of them who chose them, then they are faithful and righteous servants to that Commonwealth, and then there is a rejoicing in the City. But when Officers do take the possessions of the Earth into their own hands, lifting themselves up thereby to be Lords over their Masters, the people who choose them, and will not suffer the people to plant the Earth and reap the fruits for their livelihood unless they will hire the land of them, or work for day wages for them, that they may live in ease and plenty and not work: These Officers are fallen from true Magistracy of a Commonwealth, and they do not act righteously, and because of this sorrow and tears, poverty and bondages are known among mankind, and now that City mourns.”
“All Officers in a Commonwealth are to be chosen new Ones every Year.”
“All Officers in a Commonwealth are to be chosen new Ones every Year.”
Winstanley believed that power of any sort, more especially if long enjoyed, tends to corrupt and to deteriorate. He therefore advocates, and shows surprisingly good reasons for his advocacy, that new Officers should be appointed every year. He says:
“When public Officers remain long in places of Judicature, they will degenerate from the bounds of humility, honesty and tender care of bretheren, in regard the heart of man is so subject to be overspread with the clouds of covetousness, pride and vain-glory. For though at the first entrance into places of Rule they be of public spirits, seeking the Freedom of others as their own; yet continuing long in such a place, where honors and greatness come 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 choose Officers to seethe 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 choose new Officers, and to remove the old ones, and to choose 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 Bretheren, and oftentimes his fall prove very great: witness the fall of oppressing Kings, Bishops and other State Officers.“Secondly, To prevent the creeping of oppression into the Commonwealth again. For when Officers grow proud and full, they will maintain their greatness, though it be in the poverty, ruin and hardship of their Bretheren: Witness the practice of Kings and their Laws, that have crushed the Commoners of England a long time. And have we not experience in these days that some Officers of the Commonwealth have 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? And what hath occasioned this distance among friends and bretheren, but long continuance in places of honor, greatness and riches?”“Thirdly, Let Officers be chosen new every year in love to our posterity. For if burdens 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 foundation of misery not easily to be removed by our posterity, and then will they curse the time when we their forefathers 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 with 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 turn to rule. And this will encourage all men to advance righteousness and good manners in hopes of honor;but when money and riches bear 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 Lily 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, quarrellers, fearful ignorant men, who dare not speak truth less 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 voice in the choosing.“Secondly, All those who are interested in the Monarchial Power and Government, ought neither to choose nor to be chosen Officers to manage Commonwealth’s affairs; for these cannot be friends to Common Freedom.... But seeing that few of the Parliament’s friends understand their Common Freedom, though they own the name Commonwealth, therefore the Parliament’s Party ought to bear with the ignorance of the King’s Party, because they are Bretheren, and not make them servants, though for the present they be suffered neither to choose nor be chosen Officers, lest that ignorant spirit of revenge break out in them to interrupt our common peace.“Moreover, All those who have been so hasty to buy and sell the Commonwealth’s 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 Commonwealth’s 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 than 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 than to sell away the purchasedLand 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 borne withal, it was ignorance of Bretheren; for England hath lain so long under kingly slavery that few knew what Common Freedom was; and let a restoration of this redeemed land be speedily made by those who have possession of it. For there is neither Reason nor Equity that a few men 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 livelihood.“Well, these are the men that take away other men’s 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 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 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 dung-hill mud of slavish fear of men.“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 to be men of courage, dealing truly and hating covetousness.”
“When public Officers remain long in places of Judicature, they will degenerate from the bounds of humility, honesty and tender care of bretheren, in regard the heart of man is so subject to be overspread with the clouds of covetousness, pride and vain-glory. For though at the first entrance into places of Rule they be of public spirits, seeking the Freedom of others as their own; yet continuing long in such a place, where honors and greatness come 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 choose Officers to seethe 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 choose new Officers, and to remove the old ones, and to choose 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 Bretheren, and oftentimes his fall prove very great: witness the fall of oppressing Kings, Bishops and other State Officers.
“Secondly, To prevent the creeping of oppression into the Commonwealth again. For when Officers grow proud and full, they will maintain their greatness, though it be in the poverty, ruin and hardship of their Bretheren: Witness the practice of Kings and their Laws, that have crushed the Commoners of England a long time. And have we not experience in these days that some Officers of the Commonwealth have 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? And what hath occasioned this distance among friends and bretheren, but long continuance in places of honor, greatness and riches?”
“Thirdly, Let Officers be chosen new every year in love to our posterity. For if burdens 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 foundation of misery not easily to be removed by our posterity, and then will they curse the time when we their forefathers 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 with 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 turn to rule. And this will encourage all men to advance righteousness and good manners in hopes of honor;but when money and riches bear 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 Lily 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, quarrellers, fearful ignorant men, who dare not speak truth less 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 voice in the choosing.
“Secondly, All those who are interested in the Monarchial Power and Government, ought neither to choose nor to be chosen Officers to manage Commonwealth’s affairs; for these cannot be friends to Common Freedom.... But seeing that few of the Parliament’s friends understand their Common Freedom, though they own the name Commonwealth, therefore the Parliament’s Party ought to bear with the ignorance of the King’s Party, because they are Bretheren, and not make them servants, though for the present they be suffered neither to choose nor be chosen Officers, lest that ignorant spirit of revenge break out in them to interrupt our common peace.
“Moreover, All those who have been so hasty to buy and sell the Commonwealth’s 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 Commonwealth’s 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 than 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 than to sell away the purchasedLand 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 borne withal, it was ignorance of Bretheren; for England hath lain so long under kingly slavery that few knew what Common Freedom was; and let a restoration of this redeemed land be speedily made by those who have possession of it. For there is neither Reason nor Equity that a few men 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 livelihood.
“Well, these are the men that take away other men’s 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 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 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 dung-hill mud of slavish fear of men.
“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 to be men of courage, dealing truly and hating covetousness.”
Payment of Representatives.
“And if you choose men thus principled who are poor men, as times go, for the Conqueror’s Power hath made many arighteous man a poor man, then allow them a yearly maintenance from the Common Stock, until such time as a Commonwealth’s Freedom is established, for then there will be no need of such allowances.”
“And if you choose men thus principled who are poor men, as times go, for the Conqueror’s Power hath made many arighteous man a poor man, then allow them a yearly maintenance from the Common Stock, until such time as a Commonwealth’s Freedom is established, for then there will be no need of such allowances.”
The Main Source of Ignorance.
“What is the reason that most men are so ignorant of their Freedoms, and so few fit to be chosen Commonwealth’s 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 to them. For they observe the bent of the people’s minds, and make sermons to please the sickly minds of ignorant people, to preserve their own riches and esteem among a charmed, befooled and besotted people.”
“What is the reason that most men are so ignorant of their Freedoms, and so few fit to be chosen Commonwealth’s 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 to them. For they observe the bent of the people’s minds, and make sermons to please the sickly minds of ignorant people, to preserve their own riches and esteem among a charmed, befooled and besotted people.”
After this passing shot at his old adversaries, Winstanley proceeds to consider the Offices and Institutions suitable for his ideal community, for a Free Commonwealth. He first summarises their function as a whole, and of the special duty incumbent on all public officials, as follows:
“All the Offices in a Commonwealth are like links of a chain; they arise from one and the same root, which is necessity of 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. The Rule of Right Government being thus observed, may make a whole Land, nay the whole Fabric of the Earth, to become one Family of Mankind, and one well-governed Commonwealth.”
“All the Offices in a Commonwealth are like links of a chain; they arise from one and the same root, which is necessity of 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. The Rule of Right Government being thus observed, may make a whole Land, nay the whole Fabric of the Earth, to become one Family of Mankind, and one well-governed Commonwealth.”
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 labor, or employ them in some Trade or other, or cause them to be instructed therein, according as is shown hereafter in the Education of Mankind. A Father is to have a care that all his children do assist to plant the Earth, or by other Tradesprovide necessaries; so he shall see that every one have a comfortable livelihood, 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 that 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 Law and Officers of the Commonwealth: every one doing to another as he would have another do to him.”
“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 labor, or employ them in some Trade or other, or cause them to be instructed therein, according as is shown hereafter in the Education of Mankind. A Father is to have a care that all his children do assist to plant the Earth, or by other Tradesprovide necessaries; so he shall see that every one have a comfortable livelihood, 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 that 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 Law and Officers of the Commonwealth: every one doing to another as he would have another do to him.”
The Work of a Peacemaker.
“In a Parish or Town may be chosen three, four or six Peacemakers, according to the bigness of the place: and their work is twofold.First, In general to sit in Council to order the affairs of the Parish, to prevent troubles, and to preserve common peace.Secondly, If there arise any matters of offence between man and man, the offending parties shall be brought by the Soldiers [Policemen] before any one or more of these Peacemakers, who shall hear the matter, and endeavour to reconcile the parties and make peace, and so put a stop to the rigour of the Law, and go no further. But if the Peacemaker cannot persuade or reconcile the parties, then he shall command them to appear at the Judges’ Court at the time appointed to receive the Judgement of the Law.“If any matter of public concernment fall out wherein the Peace of the City, Town or Country is concerned, then the Peacemakers in every town thereabouts shall meet and consult about it; and from them, or any six of them, if need require, shall issue forth any orders to inferior Officers. But if the matter concern only the limits of a Town or City, then the Peacemakers of that Town shall from their Court send forth orders to inferior Officers for the performing of any public service within their limits.“Thirdly, If any proof be given that any Officer neglects his duty, a Peacemaker is to tell that Officer, between them two, of his neglect. If the Officer continue negligent after this reproof, the Peacemaker shall acquaint either the County Senate, or the National Parliament therewith, that from them the offender 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.”
“In a Parish or Town may be chosen three, four or six Peacemakers, according to the bigness of the place: and their work is twofold.First, In general to sit in Council to order the affairs of the Parish, to prevent troubles, and to preserve common peace.Secondly, If there arise any matters of offence between man and man, the offending parties shall be brought by the Soldiers [Policemen] before any one or more of these Peacemakers, who shall hear the matter, and endeavour to reconcile the parties and make peace, and so put a stop to the rigour of the Law, and go no further. But if the Peacemaker cannot persuade or reconcile the parties, then he shall command them to appear at the Judges’ Court at the time appointed to receive the Judgement of the Law.
“If any matter of public concernment fall out wherein the Peace of the City, Town or Country is concerned, then the Peacemakers in every town thereabouts shall meet and consult about it; and from them, or any six of them, if need require, shall issue forth any orders to inferior Officers. But if the matter concern only the limits of a Town or City, then the Peacemakers of that Town shall from their Court send forth orders to inferior Officers for the performing of any public service within their limits.
“Thirdly, If any proof be given that any Officer neglects his duty, a Peacemaker is to tell that Officer, between them two, of his neglect. If the Officer continue negligent after this reproof, the Peacemaker shall acquaint either the County Senate, or the National Parliament therewith, that from them the offender 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.”
The Work of an Overseer.
Winstanley then details at some length the functions of Overseers, of which the following will, we think, give our readers sufficient insight:
“In a Parish or Town there is to be a four-fold 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.... The second office of Overseer is for Trades. This Overseer is to see that young people be put to Masters, to be instructed in some labour, trade, service, or to be waiters in Storehouses, that none may be idly brought up in any family within his circuit.... Truly the Government of the Halls and Companies in London is a very rational and well-ordered government; and the Overseers for Trades may well be called Masters, Wardens, and Assistants of such and such a Company, for such and such a particular Trade.... Likewise this Overseer for Trades shall see that no man shall be a Housekeeper and have servants under him till he hath served under a Master seven years, and hath learned his Trade: and the reason is, that every Family may be governed by staid and experienced Masters, and not by wanton youth. And this Office of Overseer keeps all people within a peaceful harmony of Trades, Sciences, or Works, that there be neither Beggar nor Idle Person in the Commonwealth.“The third Office of Overseership is to see particular Tradesmen bring in their work to the Storehouses and Shops, and to see that the waiters in Storehouses do their duty.... And if any Keeper of a Shop or Storehouse neglect the duty of his place ... the Overseer shall admonish him and reprove him. If he amend, all is well; if he doth not, the Overseer shall give orders to the Soldiers to carry him before the Peacemaker’s Court, and if he reform upon the reproof of that Court, all is well. But if he doth not reform, he shall be sent by the Officers to appear before the Judge’s Court, and the Judge shall pass sentence—That he shall be put out of that House and Employment, and sent among the Husbandmen to work in the Earth: and some other shall have his place and house till he be reformed.”“Fourthly, all ancient men, above sixty years of age, are General Overseers. And wheresoever they go and see thingsamiss in any Officer or Tradesmen, they shall call any Officer or others to account for their neglect of duty to the Commonwealth’s Peace; and they are called Elders.”
“In a Parish or Town there is to be a four-fold 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.... The second office of Overseer is for Trades. This Overseer is to see that young people be put to Masters, to be instructed in some labour, trade, service, or to be waiters in Storehouses, that none may be idly brought up in any family within his circuit.... Truly the Government of the Halls and Companies in London is a very rational and well-ordered government; and the Overseers for Trades may well be called Masters, Wardens, and Assistants of such and such a Company, for such and such a particular Trade.... Likewise this Overseer for Trades shall see that no man shall be a Housekeeper and have servants under him till he hath served under a Master seven years, and hath learned his Trade: and the reason is, that every Family may be governed by staid and experienced Masters, and not by wanton youth. And this Office of Overseer keeps all people within a peaceful harmony of Trades, Sciences, or Works, that there be neither Beggar nor Idle Person in the Commonwealth.
“The third Office of Overseership is to see particular Tradesmen bring in their work to the Storehouses and Shops, and to see that the waiters in Storehouses do their duty.... And if any Keeper of a Shop or Storehouse neglect the duty of his place ... the Overseer shall admonish him and reprove him. If he amend, all is well; if he doth not, the Overseer shall give orders to the Soldiers to carry him before the Peacemaker’s Court, and if he reform upon the reproof of that Court, all is well. But if he doth not reform, he shall be sent by the Officers to appear before the Judge’s Court, and the Judge shall pass sentence—That he shall be put out of that House and Employment, and sent among the Husbandmen to work in the Earth: and some other shall have his place and house till he be reformed.”
“Fourthly, all ancient men, above sixty years of age, are General Overseers. And wheresoever they go and see thingsamiss in any Officer or Tradesmen, they shall call any Officer or others to account for their neglect of duty to the Commonwealth’s Peace; and they are called Elders.”
The Office of a Soldier.
“A Soldier is a Magistrate as well as any other Officer; and indeed all State Officers are Soldiers, for they represent power; and if there were not power in the hands of Officers, the spirit of rudeness would not be obedient to any Law or Government, but their own wills. Therefore every year shall be chosen a Soldier, like unto a Marshall of a City, and, being the Chief, he shall have divers soldiers under him at his command to assist in case of need. The work of a Soldier in times of peace is to fetch in Offenders, and to bring them before either Officer or Court, and to be a protector to the Officers against all disturbances.”
“A Soldier is a Magistrate as well as any other Officer; and indeed all State Officers are Soldiers, for they represent power; and if there were not power in the hands of Officers, the spirit of rudeness would not be obedient to any Law or Government, but their own wills. Therefore every year shall be chosen a Soldier, like unto a Marshall of a City, and, being the Chief, he shall have divers soldiers under him at his command to assist in case of need. The work of a Soldier in times of peace is to fetch in Offenders, and to bring them before either Officer or Court, and to be a protector to the Officers against all disturbances.”
The Work of a Task-master.
“The Work or Office of a Task-master is to take those into his oversight as are sentenced by the Judge to loose their Freedom, to appoint them their work, and to see they do it.”
“The Work or Office of a Task-master is to take those into his oversight as are sentenced by the Judge to loose their Freedom, to appoint them their work, and to see they do it.”
The Work of a Judge.
“The Law itself is the Judge of all Men’s Actions; yet he who is chosen to pronounce the Law is called Judge, because he is the mouth of the Law: for no single man ought to judge or to interpret the Law. Because the Law itself, as it is left us in the letter, is the mind and determination of the Parliament and of the people of the Land, to be their Rule to walk by and to be the touch-stone of all actions. And the man who takes upon him to interpret the Law, doth either darken the sense of the Law, and so make it confused and hard to be understood, or else puts another meaning upon it, and so lifts up himself above the Parliament, above the Law, and above all people in the Land.“Therefore the work of that man who is called Judge is to hear any matter that is brought before him; and in all cases of difference between man and man, he shall see the parties on both sides before him, and shall hear each man speak for himself, without a fee’d Lawyer; likewise he is toexamine any witness who is to prove a matter on trial before him. And then he is to pronounce the bare letter of the Law concerning such a thing: for he hath his name Judge, not because his will or mind is to judge the actions of offenders before him, but because he is the mouth to pronounce the Law, who, indeed, is the true Judge: Therefore to this Law and to this Testimony let everyone have regard who intends to live in Peace in the Commonwealth.”
“The Law itself is the Judge of all Men’s Actions; yet he who is chosen to pronounce the Law is called Judge, because he is the mouth of the Law: for no single man ought to judge or to interpret the Law. Because the Law itself, as it is left us in the letter, is the mind and determination of the Parliament and of the people of the Land, to be their Rule to walk by and to be the touch-stone of all actions. And the man who takes upon him to interpret the Law, doth either darken the sense of the Law, and so make it confused and hard to be understood, or else puts another meaning upon it, and so lifts up himself above the Parliament, above the Law, and above all people in the Land.
“Therefore the work of that man who is called Judge is to hear any matter that is brought before him; and in all cases of difference between man and man, he shall see the parties on both sides before him, and shall hear each man speak for himself, without a fee’d Lawyer; likewise he is toexamine any witness who is to prove a matter on trial before him. And then he is to pronounce the bare letter of the Law concerning such a thing: for he hath his name Judge, not because his will or mind is to judge the actions of offenders before him, but because he is the mouth to pronounce the Law, who, indeed, is the true Judge: Therefore to this Law and to this Testimony let everyone have regard who intends to live in Peace in the Commonwealth.”
Then occurs a passage that shows how carefully Winstanley had watched the public affairs of his own times, more especially the prolonged attempt of the late King to govern England under cover of ancient obsolete Laws interpreted by Judges removable at his will. He continues:
“For hence hath arisen much misery in the Nations under Kingly Government, in that the man called the Judge hath been suffered to interpret the Law. And when the mind of the Law, the Judgement of the Parliament and the Government of the Land, is resolved into the breasts of the Judges, this hath occasioned much complaining of Injustice in Judges, in Courts of Justice, in Lawyers, and in the course of the Law itself, as if it were an evil Rule. Because the Law which was a certain Rule was varied, according to the will of a covetous, envious or proud Judge. Therefore no marvel though the Kingly Laws be so intricate, and though few know which way the course of the Law goes, because the sentence lies many times in the breast of a Judge, and not in the letter of the Law. And so the good Laws made by an industrious Parliament are like good eggs laid by a silly goose, and as soon as she hath laid them, she goes her way and lets others take them, and never looks after them more, so that if you lay a stone in her nest, she will sit upon it as if it were an egg. And so, though the Laws be good, yet if they be left to the will of a Judge to interpret, the execution hath many times proved bad.”
“For hence hath arisen much misery in the Nations under Kingly Government, in that the man called the Judge hath been suffered to interpret the Law. And when the mind of the Law, the Judgement of the Parliament and the Government of the Land, is resolved into the breasts of the Judges, this hath occasioned much complaining of Injustice in Judges, in Courts of Justice, in Lawyers, and in the course of the Law itself, as if it were an evil Rule. Because the Law which was a certain Rule was varied, according to the will of a covetous, envious or proud Judge. Therefore no marvel though the Kingly Laws be so intricate, and though few know which way the course of the Law goes, because the sentence lies many times in the breast of a Judge, and not in the letter of the Law. And so the good Laws made by an industrious Parliament are like good eggs laid by a silly goose, and as soon as she hath laid them, she goes her way and lets others take them, and never looks after them more, so that if you lay a stone in her nest, she will sit upon it as if it were an egg. And so, though the Laws be good, yet if they be left to the will of a Judge to interpret, the execution hath many times proved bad.”
“What is the Judge’s Court?“In a County or Shire there are to be chosen—A Judge, the Peacemakers of every Town within that Circuit, the Overseers, and a band of Soldiers attending thereupon: and this is called the Judge’s Court or the County Senate. TheCourt shall sit four times in the year, or oftener if need be.... If any disorder break in among the people, this Court shall set things to right. If any be bound over to appear at this Court, the Judge 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 Judge is to pronounce the Sentence and mind of the Law: and all this is but to see the Law executed and the Peace of the Commonwealth preserved.”
“What is the Judge’s Court?
“In a County or Shire there are to be chosen—A Judge, the Peacemakers of every Town within that Circuit, the Overseers, and a band of Soldiers attending thereupon: and this is called the Judge’s Court or the County Senate. TheCourt shall sit four times in the year, or oftener if need be.... If any disorder break in among the people, this Court shall set things to right. If any be bound over to appear at this Court, the Judge 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 Judge is to pronounce the Sentence and mind of the Law: and all this is but to see the Law executed and the Peace of the Commonwealth preserved.”
“What is the Work of a Commonwealth’s Parliament in General?”
“What is the Work of a Commonwealth’s Parliament in General?”
Winstanley then sketches, first in broad outline and then in detail, what he deemed the work of a Commonwealth’s Parliament should be; and for our own part we know not where to find a higher ideal of the duties incumbent upon the chosen Representatives of the People: an ideal that no Parliament to this day has ever attained, and which probably is only attainable when there shall be a strong body of educated public opinion, loving Justice and deserving Justice, inspiring and supporting their endeavours. He commences as follows:
“A Parliament is the highest Court of Equity in a Land; and it is to be chosen every year.... 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 is the highest Court of Equity in a Land; and it is to be chosen every year.... 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 is the Father of the Commonwealth.
“A Parliament hath its rise from the lowest Office in a Commonwealth, viz., from the Father in a Family. For as a Father’s 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 those who are weak; but their eye and care must be principally to relieve the oppressed ones, who groan under the Tyrant’s Laws and Powers: the strong, or such as have the Tyrant’s Power to support them, need no help.“But though a Parliament be the Father of a Land, yet by the Covetousness and Cheats of Kingly Government the heart of this Father hath been alienated from the children of the Land, or else so overawed by the frowns of a Kingly Tyrant, that they could not or durst not act for the weaker children’s ease. For hath not Parliament 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?”
“A Parliament hath its rise from the lowest Office in a Commonwealth, viz., from the Father in a Family. For as a Father’s 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 those who are weak; but their eye and care must be principally to relieve the oppressed ones, who groan under the Tyrant’s Laws and Powers: the strong, or such as have the Tyrant’s Power to support them, need no help.
“But though a Parliament be the Father of a Land, yet by the Covetousness and Cheats of Kingly Government the heart of this Father hath been alienated from the children of the Land, or else so overawed by the frowns of a Kingly Tyrant, that they could not or durst not act for the weaker children’s ease. For hath not Parliament 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?”
His Hopes for the Future.
Here Winstanley checks himself, and continues:
“But I’ll not reap up former weaknesses, but rather rejoice 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 rejoice 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 men’s turn be served, but will feed our bellies and clothe our backs with good actions of Freedom, and give to the oppressed children’s children their birthright portion, which is Freedom in the Commonwealth’s 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—Firstly,“As a tender Father, a Parliament is to empower Officers and give orders for the free planting and reaping of the Commonwealth’s Land, that all who have been oppressed, and kept back from the free use thereof by Conquerors, Kings, and their Tyrant Laws, may now be set at liberty to plant in Freedom for food and raiment, and are to be a protection to them who labor the Earth, and a punisher of them who are idle.“But some may say, What is that I call Commonwealth’s Land? I answer, All that land which hath been withheld from the inhabitants by the Conqueror, or Tyrant Kings, andis now recovered out of the hands of that oppression by the joint assistance of the persons and purses of the Commoners of the Land. For this Land is the price of their blood. It is their birthright to them and to their posterity, and ought not to be converted into particular hands again by the Laws of a Free Commonwealth. In particular, this Land is all Abbey Lands, formerly recovered out of the Pope’s Power by the blood of the Commoners of England, though the Kings withheld their rights therein from them. So likewise all Crown Lands, Bishops’ Lands, with all Parks, Forests, Chases, now of late recovered out of the hand of the Kingly Tyrants, who have set Lords of Manors and Taskmasters 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 rents, fines, and heriots, and homage as unto a Conqueror. Or else the benefit of this Common Land is taken away from the Younger Bretheren by the rich Land Lords and Freeholders, who overstock the Commons with sheep and cattle, 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 in a Land where there is so much plenty for everyone, if Covetousness and Pride did not rule as King in one Brother over another: and Kingly Government occasions all this. Now it is the work of a Parliament to break the Tyrant’s 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 livelihood of themselves and posterities. And to declare to them, it is their own Creation-Rights, faithfully and courageously recovered by their diligence, purses and blood from under the Kingly Tyrant’s and Oppressor’s 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 toenact new Laws for the ease and freedom of the people, but yet not without the people’s knowledge.197:1“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 easy Laws: it is now the work of a Parliament to search into Reason and Equity, how relief may be found for the people in such a case, and to preserve a Common Peace. And when they have found a way by debate of counsel 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 public 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 month, they may then take the people’s 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 is by the people’s consent, which is proved by their frequent petitionings and requests; so the enacting of new Laws must be by the people’s consent and knowledge likewise. And here they are to require the consent, not of men interested in the old oppressing Laws and Customs,197:2as 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 that they should know it before it be enacted, so that if there be anything of the Counsel of Oppression in it, it may be discovered and amended.”Answers to two Objections.“But you will say, If it must be so, then will men so differ in their judgements that we shall never agree.“I answer: There is but Bondage and Freedom,particularInterest orcommonInterest; 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.“Moreover, men in place and office, where greatness and honor is coming in, may sooner be corrupted to bring in particular interest than a whole Land can be, who must either suffer sorrow under a burdensome Law, or rejoice under a Law of Freedom. And surely those men who are not willing to enslave the people will be unwilling to consent hereunto.
“But I’ll not reap up former weaknesses, but rather rejoice 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 rejoice 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 men’s turn be served, but will feed our bellies and clothe our backs with good actions of Freedom, and give to the oppressed children’s children their birthright portion, which is Freedom in the Commonwealth’s 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—Firstly,
“As a tender Father, a Parliament is to empower Officers and give orders for the free planting and reaping of the Commonwealth’s Land, that all who have been oppressed, and kept back from the free use thereof by Conquerors, Kings, and their Tyrant Laws, may now be set at liberty to plant in Freedom for food and raiment, and are to be a protection to them who labor the Earth, and a punisher of them who are idle.
“But some may say, What is that I call Commonwealth’s Land? I answer, All that land which hath been withheld from the inhabitants by the Conqueror, or Tyrant Kings, andis now recovered out of the hands of that oppression by the joint assistance of the persons and purses of the Commoners of the Land. For this Land is the price of their blood. It is their birthright to them and to their posterity, and ought not to be converted into particular hands again by the Laws of a Free Commonwealth. In particular, this Land is all Abbey Lands, formerly recovered out of the Pope’s Power by the blood of the Commoners of England, though the Kings withheld their rights therein from them. So likewise all Crown Lands, Bishops’ Lands, with all Parks, Forests, Chases, now of late recovered out of the hand of the Kingly Tyrants, who have set Lords of Manors and Taskmasters 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 rents, fines, and heriots, and homage as unto a Conqueror. Or else the benefit of this Common Land is taken away from the Younger Bretheren by the rich Land Lords and Freeholders, who overstock the Commons with sheep and cattle, 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 in a Land where there is so much plenty for everyone, if Covetousness and Pride did not rule as King in one Brother over another: and Kingly Government occasions all this. Now it is the work of a Parliament to break the Tyrant’s 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 livelihood of themselves and posterities. And to declare to them, it is their own Creation-Rights, faithfully and courageously recovered by their diligence, purses and blood from under the Kingly Tyrant’s and Oppressor’s 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 toenact new Laws for the ease and freedom of the people, but yet not without the people’s knowledge.197:1
“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 easy Laws: it is now the work of a Parliament to search into Reason and Equity, how relief may be found for the people in such a case, and to preserve a Common Peace. And when they have found a way by debate of counsel 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 public 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 month, they may then take the people’s 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 is by the people’s consent, which is proved by their frequent petitionings and requests; so the enacting of new Laws must be by the people’s consent and knowledge likewise. And here they are to require the consent, not of men interested in the old oppressing Laws and Customs,197:2as 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 that they should know it before it be enacted, so that if there be anything of the Counsel of Oppression in it, it may be discovered and amended.”
Answers to two Objections.
“But you will say, If it must be so, then will men so differ in their judgements that we shall never agree.
“I answer: There is but Bondage and Freedom,particularInterest orcommonInterest; 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.
“Moreover, men in place and office, where greatness and honor is coming in, may sooner be corrupted to bring in particular interest than a whole Land can be, who must either suffer sorrow under a burdensome Law, or rejoice under a Law of Freedom. And surely those men who are not willing to enslave the people will be unwilling to consent hereunto.
“The Work of a Parliament—Thirdly,
“Is to see all those burdens 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 Commonwealth Land be sold by the hasty counsel of subtle, 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: then a Parliament is to examine what authority any had to sell or buy the Commonwealth’s Land without a general consent of the People:For it is not any one’s, but every one’s Birth-Right. And if some through covetousness and self-interest gave consent privately, yet a Parliament, who is the Father of the Land, ought not to give consent to buy and sell that Land which is all the children’s birth-right, and the price of their labors, moneys and blood.“They are to declare likewise that the Bargain 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. Hence when 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 blind eyes that lead the People into Bogs to be entangled in Mud again, afterthey are once pulled out.And when the Land is once freed from the Oppressor’s Power and Laws, the 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.“For their faithfulness herein to the People, the People are engaged in 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.”
“Is to see all those burdens 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 Commonwealth Land be sold by the hasty counsel of subtle, 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: then a Parliament is to examine what authority any had to sell or buy the Commonwealth’s Land without a general consent of the People:For it is not any one’s, but every one’s Birth-Right. And if some through covetousness and self-interest gave consent privately, yet a Parliament, who is the Father of the Land, ought not to give consent to buy and sell that Land which is all the children’s birth-right, and the price of their labors, moneys and blood.
“They are to declare likewise that the Bargain 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. Hence when 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 blind eyes that lead the People into Bogs to be entangled in Mud again, afterthey are once pulled out.And when the Land is once freed from the Oppressor’s Power and Laws, the 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.
“For their faithfulness herein to the People, the People are engaged in 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.”
The Cause of all Grievances.
“All grievances are occasioned either by the covetous wills of 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. A Parliament is to cashier and punish those Officers, and place others who are men of public spirit in their rooms.“Or else the People’s grievances arise from the practice and power that the King’s 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’s Freedom 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 the Parliament chosen.For the necessity for 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 Foreign 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 ofthe War, and to show 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 was this:Do you protect our Laws and Liberties, and we will protect and assist you.“Secondly, A Parliament is to make choice of understanding, able and public-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 Parliament’s work in this case is either to send Ambassadors to another Nation which has invaded our Land, or that intends to invade, to agree upon terms of peace, or to proclaim war; or else to receive and hear Ambassadors 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 Commonwealth’s Power; or, as it may be said, it is the great Council 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. It is their work to manage public affairs in times of War and in times of Peace; not to promote the interests 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 Eights, unless he hath lost his Freedom by transgression, as by the Laws is expressed.”200:1
“All grievances are occasioned either by the covetous wills of 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. A Parliament is to cashier and punish those Officers, and place others who are men of public spirit in their rooms.
“Or else the People’s grievances arise from the practice and power that the King’s 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’s Freedom 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 the Parliament chosen.For the necessity for 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 Foreign 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 ofthe War, and to show 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 was this:Do you protect our Laws and Liberties, and we will protect and assist you.
“Secondly, A Parliament is to make choice of understanding, able and public-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 Parliament’s work in this case is either to send Ambassadors to another Nation which has invaded our Land, or that intends to invade, to agree upon terms of peace, or to proclaim war; or else to receive and hear Ambassadors 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 Commonwealth’s Power; or, as it may be said, it is the great Council 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. It is their work to manage public affairs in times of War and in times of Peace; not to promote the interests 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 Eights, unless he hath lost his Freedom by transgression, as by the Laws is expressed.”200:1
With this admirable summary of the functions of a Parliament, our author brings his consideration of their work to a conclusion, and somewhat later proceeds to consider the source and function of a true Commonwealth’s Army, which he evidently regards as a necessary evil, capable of much harm as well as of some good. He says:
The Rise of a Commonwealth’s Army.