GERRARD WINSTANLEY'S UTOPIA
THE LAW OF FREEDOM (_continued_)
"Look on yonder earth:
The golden harvests spring; the unfailing sun
Sheds light and life; the fruits, the flowers, the trees,
Arise in due succession; all things speak
Peace, harmony and love.... Is Mother Earth
A step-dame to her numerous sons, who earn
Her unshared gifts with unremitting toil;
A mother only to those puling babes
Who, nursed in ease and luxury, make men
The playthings of their babyhood, and mar,
In self-important childishness, that peace
Which 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 the
Earth, 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."
INWARD AND OUTWARD BONDAGE.
"I speak now in relation between the Oppressor and the Oppressed,
the Inward Bondages I meddle not with in this place, 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 Freedom into
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 AND LIVE.{11}
"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."
"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."
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. For COMMON 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 ROOT OF THE TREE TYRANNY.
"This is the root of the tree Tyranny, and the Law of
Unrighteousness; and all particular Kingly Laws found out 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 words
_assist_ and _protect_ imply 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."
"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 see the Law
obeyed, that they may live in peace: So doth the same necessity bid
the people, and cries aloud in the ears and eyes of England, to
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_,{12} 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
purchased Land from the purchasers, or from part of them, into the
hands of particular men to uphold Monarchial Principles?
"But though this be a fault, let it be 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 a righteous 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."
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."
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 Trades provide
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."
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 things amiss 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."
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 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 to examine 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."
"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. The Court 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?"
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 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?"
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, and is 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 to enact 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,[197:2] as Kings used to do, but of them who have been
oppressed. And the reason is this: Because the people must be all
subject to the Law, under pain of punishment, therefore it is all
reason 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, _particular_ Interest
or _common_ Interest; and he who pleads to bring in particular
interest into a Free Commonwealth, will presently be seen and cast
out, as one bringing in Kingly Slavery again.
"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, after they
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 of the
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.
"After that the necessity of a People in a Parish, in a County and
in a Land, hath moved the People to choose Officers to preserve
common peace, the same necessity causeth the People to say to their
Officers--_Do you see our Laws observed for our common
preservation, and we will assist and protect you._
"These words, _assist_ and _protect_, implies the rising of the
People by force of arms to defend their Laws and Officers, who rule
well, against any invasion, insurrection or rebellion of selfish
Officers or rude people: yea, to beat down the turbulency of any
foolish spirit that shall arise to break our common peace. So that
the same Law of Necessity of Common Peace, which moved the People
to choose Officers, and to compose a Law to be a Rule of
Government: the same Law of Necessity of Protection doth raise an
Army. So that an Army, as well as other Officers in a Commonwealth,
spring from one and the same root, viz., from the necessity of
Common Preservation."
AN ARMY IS TWO-FOLD: VIZ., A RULING ARMY, OR A FIGHTING ARMY.
"A Ruling Army is called Magistracy in times of Peace, keeping that
Land and Government in Peace by Execution of the Laws, which the
Fighting Army did purchase in the field by their blood out of the
hands of Oppression. All Officers, from the Father in a Family to
the Parliament in a Land, are but the heads and leaders of an Army;
and all people arising to protect and assist their Officers, in
defence of a right-ordered Government, are but the body of an Army.
And this Magistracy is called the Rejoicing of all Nations, when
the foundations thereof are Laws of Common Equity, whereby every
single man may enjoy the fruits of his labor, in the free use of
the Earth, without being restrained or oppressed by the hands of
others.
"Secondly, A Fighting Army, called Soldiers in the Field, when the
necessity of preservation, by reason of a foreign invasion, or
inbred Oppression, doth move the people to arise in an Army to cut
and tear to pieces either degenerate Officers, or rude people, who
seek their own interests, and not Common Freedom, and through
treachery do endeavour to destroy the Laws of Common Freedom, and
to enslave both the Land and the People of the Commonwealth to
their particular wills and lusts.... The use or work of a Fighting
Army in a Commonwealth is to beat down all who arise to endeavour
to destroy the Liberties of the Commonwealth. For as in the days of
the Monarchy an Army was used to subdue all who rebelled against
Kingly Propriety, so in the days of a Free Commonwealth, an Army is
to be made use of to resist or destroy all who endeavour to keep up
or bring in Kingly Bondage again.... Therefore, you Army of
England's Commonwealth, look to it. The Enemy could not beat you in
the field, but they may be too hard for you by Policy in Counsel,
if you do not stick close to see Common Freedom established. For if
so be that Kingly Authority is set up in your Laws again, King
Charles has conquered you and your posterity by policy, though you
seemingly have cut off his head. For the Strength of a King lies
not in the visible Appearance of his Body, but in his Will, Laws,
and Authority, which is called Monarchial Government. But if you
remove Kingly Government, and set up true and free Commonwealth's
Government, then you gain your Crown and keep it, and leave peace
to your posterity: otherwise not. And thus doing makes a War either
lawful or unlawful."
Then follows this bold, manly challenge of the conduct of the Grandees
of the Army:
"AN ARMY MAY BE MURTHERERS AND UNLAWFUL.
"If an Army be raised to cast out Kingly Oppression, and if the
Heads of that Army promise a Commonwealth's Freedom to the
oppressed people, in case they will assist in person and purse, and
if the people do assist and prevail over the Tyrant, those Officers
are bound by the Law of Justice (who is God) to make good their
engagements. And if they do not set the Land free from the
branches of the Kingly Oppression, but reserve some part of the
Kingly Power to advance their own particular interest, whereby some
of their friends are left under as great slavery to them as they
were under the Kings, those Officers are not faithful
Commonwealth's Soldiers, they are worse Thieves and Tyrants than
the Kings they cast out, and that Honor they seemed to get by their
Victories over the Commonwealth's Oppressor, they lose again by
breaking Promise and Engagement to their oppressed friends who did
assist them.
"For what difference is there between a professed Tyrant, who
declares himself a Tyrant in words, laws and deeds, as all
Conquerors do, and him who promises to free me from the power of
the Tyrant if I'll assist him; and when I have spent my estate and
blood, and the health of my body, and expect my bargain by his
engagements to me, he sits himself down in the Tyrant's Chair, and
takes the possession of the Land to himself, and calls it his and
none of mine, and tells me he cannot in conscience let me enjoy the
Freedom of the Earth with him, because it is another man's right."
HIS ACCOUNT OF HIS OWN CIRCUMSTANCES.
"And now my health and estate is decayed and I grow in age, I must
either beg or work for day-wages, which I was never brought up to,
for another; when the Earth is as freely my Inheritance and
Birth-Right as his whom I must work for. And if I cannot live by my
weak labors, but take where I need, as Christ sent and took the
Asses Colt in his need, there is no dispute, but by the Kings and
Laws, he will hang me for a thief."
THE TRUE FUNCTION OF A COMMONWEALTH ARMY.
"A Monarchial Army lifts up mountains and makes valleys, viz.,
advances Tyrants and treads the oppressed in the barren lanes of
poverty. But a Commonwealth's Army is like John the Baptist, who
levels the Mountains to the Valleys, pulls down the Tyrant, and
lifts up the Oppressed: and so makes way for the Spirit of Peace
and Freedom to come in to rule and inherit the Earth.
"By this which has been spoken an Army may see wherein they may do
well and wherein they may do hurt."
THE OFFICE OF THE POST-MASTER.
Under this heading Winstanley describes an office by which he evidently
thought the social bonds uniting the whole Nation might be strengthened
and all parts thereof be brought into closer and more intimate relations
one with the other. He describes its functions as follows:
"In every Parish throughout the Commonwealth shall be chosen two
men (at the time when the other Officers are chosen), and these
shall be called Post-Masters. And whereas there are four parts of
the Land, East, West, North, South, there shall be chosen in the
chief City two men to receive what the Post-Master of the East
Country brings in"; and so on. "Now the work of a Country
Post-master shall be this: They shall every month bring up or send
by tidings from their respective Parishes to the chief City, of
what accidents or passages fall out, which is either to the honor
or dishonor, hurt or profit, of the Commonwealth. And if nothing
have fallen out in that month worth observation, then they shall
write down peace or good order in such a Parish.
"When these respective Post-masters have brought up their Bills or
Certificates from all parts of the Land, the Receiver of these
Bills shall write down everything in order from Parish to Parish in
the nature of a Weekly Bill of Observation. And those eight
Receivers shall cause the Affairs of the Four Quarters of the Land
to be printed in one Book with what speed may be, and deliver to
every Post-master a Book, that as they bring up the affairs of one
Parish in writing, they may carry down in print the Affairs of the
Whole Land."
ITS BENEFITS.
"The benefit lies here, that if any part of the Land be visited
with Plague, Famine, Invasion or Insurrection, or any casualties,
the other parts of the Land may have speedy knowledge, and send
relief. And if any accident fall out through unreasonable action,
or careless neglect, other parts of the Land may thereby be made
watchful to prevent like dangers. Or if any through industry or
through ripeness of understanding have found out any secret in
Nature, or new invention in any Art or Trade, or in the tillage of
the Earth, or such like, whereby the Commonwealth may more
flourish in peace and plenty, for which virtues those persons
received honor in the places where they dwelt; then, when other
parts of the Land hear of it, many thereby will be encouraged to
employ their Reason and Industry to do the like; that so in time
there will not be any Secret in Nature, which now lies hid (by
reason of the iron age of Kingly Oppressing Government) but by some
or other will be brought to light, to the beauty of our
Commonwealth."
With this suggestive passage this chapter may fittingly close. Like his
great successor in the Nineteenth Century, Winstanley evidently realised
that "Liberty means Justice, and Justice is the Natural Law--the law of
health and symmetry and strength, of fraternity and co-operation."
FOOTNOTES:
[197:1] Law Reform was at that time very popular, and undoubtedly much
needed. The month previous to the publication of the book we are now
considering, in January 1652, a Law Reform Commission consisting of
twenty-one members had been appointed. It evidently went to work in a
very thorough manner. For, according to a modern Lawyer, Mr. Inderwick
(see his book _The Interregnum_, referred to by Gardiner), it appears
that of eight draft Acts proposed on March 23rd, 1652, one became Law in
1833, one in 1846, and a third in 1885.
[197:2] "Things of this world," says Locke (_Of Civil Government_, part
ii. chap. xiii. § 157), "are in so constant a flux, that nothing remains
long in the same state.... But ... private interest often keeps up
customs and privileges when the reasons of them are ceased."
[200:1] In his great work _Of Civil Government_, John Locke takes
practically the same view as Winstanley of the duties of Parliaments and
of the function of Law. In chapter ix. (part ii.) he says: "The
legislative or supreme power of any Commonwealth, is bound to govern by
established _standing laws_, promulgated and known to the people, and
not by extemporary decrees; by indifferent [impartial] and upright
judges, who are to decide controversies by those laws; and to employ the
force of the community at home, _only in the execution of such laws_, or
abroad, to prevent or redress foreign injuries, and secure the community
from inroads and invasion. _And all this to be directed to no other end,
but the peace, safety, and public good of the people._" Italics are
ours.