The Law of Freedom in a Platform/Chapter 6

They cannot govern in times of bondage and in times of freedom too: they have indeed served many masters, popish and protestant. They are like old soldiers, that will but change their name, and turn about, and as they were; and the reason is, because they are the prerogative will of those, under any religion, that count it no freedom to them unless they be lords over the minds, persons and labours of their brethren.

They are called the kings' laws because they are made by the kings. If any say they were made by the commoners, it is answered, They were not made by the commoners as the commoners of a free commonwealth are to make laws.

For in the days of the kings, none were to choose nor be chosen Parliament-men, or law-makers, but lords of manors and freeholders, such as held title to their enclosures of land or charters for their liberties in trades under the king, who called the land his as he was the conqueror, or his successor.

All inferior people were neither to choose, nor to be chosen; and the reason was because all freeholders of land, and such as held their liberties by charter, were all of the kings' interest; and the inferior people were successively of the rank of the conquered ones, and servants and slaves from the time of the conquest.

And further, when a Parliament was chosen in that manner, yet if any Parliament-man in the uprightness of his heart did endeavour to promote any freedom, contrary to the king's will or former customs Tom the conquest, he was either committed to prison by the king or by his House of Lords, who were his ancient Norman successive council of war; or else the Parliament was dissolved and broke up by the king.

So that the old laws were made in times under kingly slavery, not under the liberty of commonwealth's freedom, because Parliament-men must have regard to the king's prerogative interest, to hold his conquest, or else endanger themselves.

As sometimes it is in these days: some officers dare not speak against the minds of those men who are the chief in power, nor a private soldier against the mind of his officer, lest they be cashiered their places and livelihood.

And so long as the promoting of the kings' will and prerogative was to be in the eye of the law-makers, the oppressed commoners could never enjoy commonwealth's freedom thereby.

Yet by the wisdom, courage, faithfulness and industry of some Parliament-men, the commoners have received here a line and there a line of freedom inserted into their laws; as those good lines of freedom in Magna Charta were obtained by much hardship and industry.

Secondly, they were the kings' laws, because the kings' own creatures made the laws; or lords of manors, freeholders, etc., were successors of the Norman soldiers from the conquest, therefore they could do no other but maintain their own and their kings' interest.

And do we not see that all laws were made in the days of the kings to ease the rich landlord? But the poor labourers were left under bondage still; they were to have no freedom in the earth by those Pharisaical laws. For when laws were made and Parliaments broke up, the poor oppressed commoners had no relief; but the power of lords of manors, withholding the free use of the common land from them, remained still: for none durst make use of any common land but at the lord's leave according to the will and law of-the conqueror; therefore the old laws were called the kings' laws.

And these old laws cannot govern a free commonwealth, because the land now is to be set free from the slavery of the Norman conquest; and the power of lords of manors and Norman freeholders is to be taken away, or else the commoners are but where they were, if not fallen lower into straits than they were: and the old laws cannot look with any other face than they did. Though they be washed with commonwealth's water, their countenance is still withered. Therefore it was not for nothing that the kings would have all their laws written in French and Latin and not in English, partly in honour to the Norman race, and partly to keep the common people ignorant of their creation-freedoms, lest they should rise to redeem themselves: and if those laws should be writ in English, yet if the same kingly principles remain in them, the English language would not advantage us anything, but rather increase our sorrow by our knowledge of our bondage.

What is law in general?

Law is a rule whereby man and other creatures are governed in their actions, for the preservation of the common peace. And this law is twofold:

First, it is the power of life (called the law of nature within the creatures) which does move both man and beast in their actions; or that causes grass, trees, corn and all plants to grow in their several seasons; and whatsoever any body does, he does it as he is moved by this inward law. And this law of nature moves twofold, viz. unrationally or rationally. 0

A man by this inward law is guided to actions of generation and present content, rashly, through a greedy self-love, without any consideration, like foolish children, or like the brute beasts; by reason whereof much hurt many times follows the body. And this is called the law in the members warring against the law of the mind.

Or when there is an inward watchful oversight of all motions to action, considering the end and effects of those actions, that there be no excess in diet, in speech or in action break forth to the prejudice of a man's self or others. And this is called the light in man, the reasonable power, or the v law of the mind.

And this rises up in the heart, by an experimental observation of that peace and trouble which such and such words, thoughts and actions bring the man into. And this is called the record on high; for it is a record in a man's heart above the former unreasonable power. And it is called the witness or testimony of a man's own conscience.

And it is said, to the law and to the testimony etc., for this moderate watchfulness is still the law of nature in a higher resurrection than the former: it hath many terms which for brevity sake I let pass.

And this twofold work of the law within man strives to bring forth themselves in writing to beget numbers of bodies on their sides. And that power that begets the biggest number always rules as king and lord in the creature and in the creation, till the other part overtop him, even as light and darkness strive in day and night to succeed each other; or as it is said, the strong man armed keeps the heart of man, till a stronger than he come, and cast him out.

And this written law, proceeding either from reason or unreasonableness, is called the letter; whereby the creation of mankind, beasts and earth is governed according to the will of that power which rules. And it is called by his opposite, the letter that kills, and by those of the same nature with it, it is called the word of life.

As for example, if the experienced, wise and strong man bears rule, then he writes down his mind to curb the unreasonable law of covetousness and pride in unexperienced men, to preserve peace in the commonwealth. And this is called the historical or traditional law, because it is conveyed from one generation to another by writing; as the laws of Israel's commonwealth were writ in a book by Moses, and so conveyed to posterity.

And this outward law is a bridle to unreasonableness, or as Solomon writ, it is a whip for the fool's back, for whom only it was added.

Secondly, since Moses's time, the power of unreasonable covetousness and pride hath sometimes rise up and corrupted that traditional law.

For since the power of the sword rise up in nations to conquer, the written law hath not been to advance common freedom and to beat down the unreasonable self-will in mankind, but it hath been framed to uphold that self-will of the conqueror, right or wrong; not respecting the freedom of the commonwealth, but the freedom of the conqueror and his friends only. By reason whereof much slavery hath been laid upon the backs of the plain-dealing man; and men of public spirits, as Moses was, have been crushed, and their spirits damped thereby; which hath bred, first discontents, and then more wars in the nations.

And those who have been favourites about the conqueror, have by hypocrisy and flattery pleased their king, that they might get what they can of the earth into their possession; and thereby have increased the bondage of the painful labourer, if they could but catch him to act contrary to the conqueror's will, called law. And now the city mourns: and do we not see that the laws of kings have been always made against such actions as the common people were most inclinable to, on purpose to ensnare them into their sessions and courts, that the lawyers and clergy, who were the kings' supporters, might get money thereby, and live in fulness by other men's labours?

But hereby the true nature of a well-governed commonwealth hath been ruined, and the will of kings set up for a law, and the law of righteousness, law of liberty, trod under foot and killed.

This traditional law of kings is that letter at this day which kills true freedom, and it is the fomenter of wars and persecution.

This is the soldier who cut Christ's garment into pieces, which was to have remained uncut and without seam; this law moves the people to fight one against another for those pieces, viz. for the several enclosures of the earth, who shall possess the earth, and who shall be ruler over others.

But the true ancient law of God is a covenant of peace to whole mankind; this sets the earth free to all; this unites both Jew and Gentile into one brotherhood, and rejects none: this makes Christ's garment whole again, and makes the kingdoms of the world to become commonwealths again. It is the inward power of right understanding, which is the true law that teaches people, in action as well as in words, to do as they would be done unto.

But thus much in general, what law is: hereafter follows what those particular laws may be, whereby a commonwealth may be governed in peace and all burdens removed; which is a breaking forth of that law of liberty which will be the joy of all nations when he arises up and is established in his brightness.

Short and pithy laws are best to govern a commonwealth.

The laws of Israel's commonwealth were few, short and pithy; and the government thereof was established in peace, so long as officers and people were obedient thereunto.

But those many laws in the days of the kings of England, which were made, some in times of popery, and some in times of protestantism, and the proceedings of the law being in French and Latin, hath produced two great evils in England.

First, it hath occasioned much ignorance among the people, and much contention; and the people have mightily erred through want of knowledge, and thereby they have run into great expense of money by suits of law, or else many have been imprisoned, whipped, banished, lost their estates and lives by that law which they were ignorant of, till the scourge thereof was upon their backs. This is a sore evil among the people.

Secondly, the people's ignorance of the laws hath bred many sons of contention: for when any difference falls out between man and man, they neither of them know which offends the other; therefore both of them thinking their cause is good, they delight to make use of the law; and then they go and give a lawyer money to tell them which of them was the offender. The lawyer, being glad to maintain their own trade, sets them together by the ears, till all their monies be near spent; and then bids them refer the business to their neighbours, to make them friends; which might have been done at the first.

So that the course of the law and lawyers hath been a mere snare to entrap the people, and to pull their estates from them by craft; for the lawyers do uphold the conqueror's interest and the people's slavery: so that the king, seeing that, did put all the affairs of judicature into their hands. And all this must be called justice, but it is a sore evil.

But now if the laws were few and short, and often read, it would prevent those evils; and everyone, knowing when they did well and when ill, would be very cautious of their words and actions; and this would escape the lawyers' craft.

As Moses's laws in Israel's commonwealth: The people did talk of them when they lay down and when they rose up, and as they walked by the way; and bound them as bracelets upon their hands: so that they were an understanding people in the laws wherein their peace did depend.

But it is a sign that England is a blinded and a snared generation; their leaders through pride and covetousness have caused them to err, yea and perish too, for want of the knowledge of the laws, which hath the power of life and death, freedom and bondage, in its hand. But I hope better things hereafter.

What may be those particular laws, or such a method of laws, whereby a commonwealth may be governed.

1. The bare letter of the law established by act of Parliament shall be the rule for officer and people, and the chief judge of all actions.

2. He or they who add or diminish from the law, excepting in the court of Parliament, shall be cashiered his office, and never bear office more.

3. No man shall administer the law for money or reward; he that doth shall die as a traitor to the commonwealth: for when money must buy and sell justice and bear all the sway, there is nothing but oppression to be expected.

4. The laws shall be read by the minister to the people four times in the year, viz. every quarter, that everyone may know whereunto they are to yield obedience; then none may die for want of knowledge.

5. No accusation shall be taken against any man, unless it be proved by two or three witnesses or his own confession.

6. No man shall suffer any punishment but for matter of fact, or reviling words: but no man shall be troubled for his judgment or practice in the things of his God, so he live quiet in the land.

7. The accuser and accused shall always appear face to face before any officer, that both sides may be heard, and no wrong to either party.

8. If any judge or officer execute his own will contrary to the law, or which there is no law to warrant him in, he shall be cashiered, and never bear office more.

9. He who raises an accusation against any man, and cannot prove it, shall suffer the same punishment the other should, if proved. An accusation is when one man complains of another to an officer, all other accusations the law takes no notice of.

10. He who strikes his neighbour shall be struck himself by the executioner, blow for blow, and shall lose eye for eye, tooth for tooth, limb for limb, life for life; and the reason is that men may be tender of one another's bodies, doing as they would be done by.

11. If any man strike an officer, he shall be made a servant under the task-master for a whole year.

12. He who endeavours to stir up contention among neighbours, by tale-bearing or false reports, shall the first time be reproved openly by the overseers among all the people; the second time shall be whipped; the third time shall be a servant under the task-master for three months; and if he continues, he shall be a servant for ever, and lose his freedom in the commonwealth.

13. If any give reviling and provoking words whereby his neighbour's spirit is burdened, if complaint be made to the overseers, they shall admonish the offender privately to forbear; if he continues to offend his neighbour, the next time he shall be openly reproved and admonished before the congregation, when met together; if he continue, the third time he shall be whipped; the fourth time, if proof be made by witnesses, he shall be a servant under the task-master for twelve months.

14. He who will rule as a lord over his brother, unless he be an officer commanding obedience to the law, he shall be admonished as aforesaid, and receive like punishment if he continue.

Laws for the planting of the earth, etc.

15. Every household shall keep all instruments and tools fit for the tillage of the earth, either for planting, reaping or threshing. Some households, which have many men in them, shall keep ploughs, carts, harrows and such like: other households shall keep spades, pick-axes, axes, pruning hooks and such like, according as every family is furnished with men to work therewith.

And if any master or father of a family be negligent herein, the overseer for that circuit shall admonish him between them two; if he continue negligent, the overseers shall reprove him before all the people: and if he utterly refuse, then the ordering of that family shall be given to another, and he shall be a servant under the task-master till he conform.

16. Every family shall come into the field, with sufficient assistance, at seed-time to plough, dig and plant, and at harvest-time to reap the fruits of the earth and carry them into the store-houses, as the overseers order the work and the number of workmen. And if any refuse to assist in this work, the overseers shall ask the reason; and if it be sickness or any distemper that hinders them they are freed from such service; if mere idleness keep them back, they are to suffer punishment according to the laws against idleness.

Laws against idleness.

17. If any refuse to learn a trade, or refuse to work in seedtime or harvest, or refuse to be a waiter in store-houses, and yet will feed and clothe himself with other men's labours: the overseers shall first admonish him privately; if he continue idle, he shall be reproved openly before all the people by the overseers; and shall be forbore with a month after this reproof. If he still continues idle, he shall then be whipped, and be let go at liberty for a month longer; if still he continue idle, he shall be delivered into the task-master's hand, who shall set him to work for twelve months, or till he submit to right order. And the reason why every young man shall be trained up in some work or other is to prevent pride and contention, it is for the health of their bodies, it is a pleasure to the mind to be free in labours one with another; and it provides plenty of food and all necessaries for the commonwealth.

Laws for store-houses.

18. In every town and city shall be appointed store-houses for flax, wool, leather, cloth and for all such commodities as come from beyond seas, and these shall be called general store-houses; from whence every particular family may fetch such commodities as they want, either for their use in their house, or for to work in their trades; or to carry into the country store-houses.

19. Every particular house and shop in a town or city shall be a particular store-house or shop, as now they be; and these shops shall either be furnished by the particular labour of that family according to the trade that family is of, or by the labour of other lesser families of the same trade, as all shops in every town are now furnished.

20. The waiters in store-houses shall deliver the goods under their charge, without receiving any money, as they shall receive in their goods without paying any money.

21. If any waiter in a store-house neglect his office, upon a just complaint the overseers shall acquaint the judge's court therewith, and from thence he shall receive his sentence to be discharged that house and office; and to be appointed some other labouring work under the task-master; and another shall have his place. For he who may live in freedom, and will not, is to taste of servitude.

Laws for overseers.

22. The only work of every overseer is to see the laws executed; for the law is the true magistracy of the land.

23. If any overseer favour any in their idleness, and neglect the execution of the laws, he shall be reproved the first time by the judge's court; the second time cashiered his office, and shall never bear office more, but fall back into the rank of young people and servants to be a worker.

24. New overseers shall at their first entrance into their office look back upon the actions of the old overseers of the last year, to see if they have been faithful in their places, and consented to no breach of law, whereby kingly bondage should any ways be brought in.

25. The overseers for trades shall see every family to-lend assistance to plant and reap the fruits of the earth, to work in their trades and to furnish the store-houses; and to see that the waiters in store-houses be diligent to receive in and deliver out any goods, without buying and selling, to any man whatsoever.

26. While any overseer is in the performance of his place, everyone shall assist him, upon pain of open reproof (or cashiered if he be another officer) or forfeiture of freedom, according to the nature of the business in hand in which he refused his assistance.

Laws against buying and selling.

27. If any man entice another to buy and sell, and he who is enticed doth not yield but makes it known to the overseer, the enticer shall lose his freedom for twelve months and the overseer shall give words [in] commendation of him that refused the enticement, before all the congregation, for his faithfulness to the commonwealth's peace.

28. If any do buy and sell the earth or quits thereof, unless it be to or with strangers of another nation, according to the law of navigation, they shall be both put to death as traitors to the peace of the commonwealth, because it brings in kingly bondage again and is the occasion of all quarrels and oppressions.

29. He or she who calls the earth his and not his brother's shall be set upon a stool, with those words written in his forehead, before all the congregation; and afterwards be made a servant for twelve months under the task-master. If he quarrel, or seek by secret persuasion, or open rising in arms, to set up such a kingly property, he shall be put to death.

30. The store-houses shall be every man's substance, and not any one's.

31. No man shall either give hire or take hire for his work; for this brings in kingly bondage. If any freemen want help, there are young people, or such as are common servants, to do it, by the overseer's appointment. He that gives and he that takes hire for work, shall both lose their freedom, and become servants for twelve months under the taskmaster.

Laws for navigation.

32. Because other nations as yet own monarchy, and will buy and sell, therefore it is convenient, for the peace of our commonwealth, that our ships do transport our English goods and exchange for theirs, and conform to the customs of other nations in buying and selling: always provided that what goods our ships carry out, they shall be the commonwealth's goods; and all their trading with other nations shall be upon the common stock, to enrich the store-houses.

Laws for silver and gold.

33. As silver and gold is either found out in mines in our own land, or brought by shipping from beyond sea, it shall not be coined with a conqueror's stamp upon it, to set up buying and selling under his name or by his leave; for there shall be no other use of it in the commonwealth than to make dishes and other necessaries for the ornament of houses, as now there is use made of brass, pewter and iron, or any other metal in their use.

But if in case other nations, whose commodities we want, will not exchange with us unless we give them money, then pieces of silver and gold may-be stamped with the commonwealth's arms upon it, for the same use, and no otherwise.

For where money bears all the sway, there is no regard of that golden rule, Do as you would be done by. Justice is bought and sold: nay, injustice is sometimes bought and sold for money: and it is the cause of all wars and oppressions. And certainly the righteous spirit of the whole creation did never enact such a law, that unless his weak and simple men did go from England to the East Indies, and fetch silver and gold to bring in their hands to their brethren, and give it them for their good-will to let them plant the earth, and live and enjoy their livelihood therein.

Laws to choose officers..

34. All overseers and state officers shall be chosen new every year, to prevent the rise of ambition and covetousness; for the nations have smarted sufficiently by suffering officers to continue long in an office, or to remain in an office by hereditary succession.

35. A man that is of a turbulent spirit, given to quarrelling and provoking words to his neighbour, shall not be chosen any officer while he so continues.

36. All men from twenty years of age upwards shall have freedom of voice to choose officers, unless they be such as lie under the sentence of the law.

37. Such shall be chosen officers as are rational men of moderate conversation, and who have experience in the laws of the commonwealth.

38. All men from forty years of age upwards shall be capable to be chosen state officers, and none younger, unless anyone by his industry and moderate conversation doth move the people to choose him.

39. If any man make suit to move the people to choose him an officer, that man shall not be chose[n] at all that time. If another man persuade the people to choose him who makes suit for himself, they shall both lose their freedom at that time, viz. they shall neither have a voice to choose another, nor be chosen themselves.

Laws against treachery.

40. He who professes the service of a righteous God by preaching and prayer, and makes a trade to get the possessions of the earth, shall be put to death for a witch and a cheater.

41. He who pretends one thing in words, and his actions declare his intent was another thing, shall never bear office in the commonwealth

What is freedom?

Every freeman shall have a freedom in the earth, to plant or build, to fetch from the store-houses anything he wants, and shall enjoy the fruits of his labours without restraint from any; he shall not pay rent to any landlord, and he shall be capable to be chosen any officer, so he be above forty years of age, and he shall have a voice to choose officers though he be under forty years of age. If he want any young men to be assistance to him in his trade or household employment, the overseers shall appoint him young men or maids to be his servants in his family.

Laws for such as have lost their freedom.

42. All those who have lost their freedom shall be clothed in white woollen cloth, that they may be distinguished from others.

43. They shall be under the government of a task-master, who shall appoint them to be porters or labourers, to do any work that any freeman wants to be done.

44. They shall do all kind of labour without exception, but their constant work shall be [that of] carriers or carters, to carry corn or other provision from store-house to storehouse, from country to cities, and from thence to countries, etc.

45. If any of these refuse to do such work, the task-master shall see them whipped, and shall feed them with coarse diet. And what hardship is this? For freemen work the easiest work, and these shall work the hardest work. And to what end is this, but to kill their pride and unreasonableness, that they may become useful men in the commonwealth?

46. The wife or children of such as have lost their freedom shall not be as slaves till they have lost their freedom, as their parents and husbands have done.

47. He who breaks any laws shall be the first time reproved in words in private or in public, as is shewed before; the next time whipped, the third time lose his freedom, either for a time or for ever, and not to be any officer.

48. He who hath lost his freedom shall be a common servant to any freeman who comes to the task-masters and requires one to do any work for him; always provided, that after one freeman hath by the consent of the task-master appointed him his work, another freeman shall not call him thence till that work be done.

49. If any of these offenders revile the laws by words, they shall be soundly whipped, and fed with coarse diet; if they raise weapons against the laws, they shall die as traitors.

Laws to restore slaves to freedom.

50. When any slaves give open testimony of their humility and diligence, and their care to observe the laws of the commonwealth, they are then capable to be restored to their freedom, when the time of servitude is expired according to the judge's sentence; but if they remain opposite to the laws, they shall continue slaves still another term of time.

51. None shall be restored to freedom till they have been a twelve month labouring servants to the commonwealth, for they shall winter and summer in that condition.

52. When any is restored to freedom, the judge at the senators' court shall pronounce his freedom, and give liberty to him to be clothed in what other coloured cloth he will.

53. If any persons be sick or wounded, the chirurgeons, who are trained up in the knowledge of herbs and minerals and know how to apply plasters or physic, shall go when they are sent for to any who need their help, but require no reward, because the common stock is the public pay for every man's labour.

54. When a dead person is to be buried, the officers of the parish and neighbours shall go along with the corpse to the grave, and see it laid therein, in a civil manner; but the public minister nor any other shall have any hand in reading or exhortation.

55. When a man hath learned his trade, and the time of his seven years' apprenticeship is expired, he shall have his freedom to become master of a family, and the overseers shall appoint him such young people to be his servants as they think fit, whether he marry or live a single life.

Laws for marriage.

56. Every man and woman shall have the free liberty to marry whom they love, if they can obtain the love and liking of that party whom they would marry; and neither birth nor portion shall hinder the match, for we are all of one blood, mankind; and for portion, the common store-houses are every man['s] and maid's portion, as free to one as to another.

57. If any man lie with a maid and beget a child, he shall marry her.

58. If a man lie with a woman forcibly, and she cry out and give no consent; if this be proved by two witneses, or the man's confession, he shall be put to death, and the woman let go free; it is robbery of a woman['s] bodily freedom.

59. If any man by violence endeavour to take away another man's wife, the first time of such violent offer he shall be reproved before the congregation by the peace-maker; the second time he shall be made a servant under the task-master for twelve months; and if he forcibly lie with another man's wife, and she cry out, as in the case when a maid is forced, the man shall be put to death.

60. When any man or woman are consented to live together in marriage, they shall acquaint all the overseers in their circuit therewith, and some other neighbours- and being all met together, the man shall declare by his own mouth before them all that he takes that woman to be his wife, and the woman shall say the same, and desire the overseers to be witnesses.

61. No master of a family shall suffer more meat to be dressed at a dinner or supper than what will be spent and eaten by his household or company present, or within such a time after, before it be spoiled. If there be any spoil constantly made in a family of the food of man, the overseer shall reprove the master for it privately; if that abuse be continued in his family, through his neglect of family government, he shall be openly reproved by the peace-maker before all the people, and ashamed for his folly; the third time he shall be made a servant for twelve months under the task-master, that he may know what it is to get food, and another shall have the oversight of his house for the time.

62. No man shall be suffered to keep house, and have servants under him, till he hath served seven years under command to a master himself; the reason is, that a man may be of age and of rational carriage before he be a governor of a family, that the peace of the commonwealth may be preserved.

Here is the righteous law; man wilt thou it maintain? It may be, is, as hath still, in the world been slain. Truth appears in light, falsehood rules in power; To see these things to be is cause of grief each hour. Knowledge, why didst thou comes to wound and not to cure? I sent not for thee, thou didst me inlure. Where knowledge does increase, there sorrows multiply, To see the great deceit which in the world doth lie: Man saying one thing now, unsaying it anon, Breaking all's engagements, when deeds for him are done. O power where art thou, that must mend things amiss? Come change the heart of man, and make him truth to kiss. O death where art thou? Wilt thou not tidings send? I fear thee not, thou art my loving friend. Come take this body, and scatter it in the four, That I may dwell in one, and rest in peace once more.