CHAPTER XVI
GERRARD WINSTANLEY'S UTOPIA
THE LAW OF FREEDOM (_concluded_)
"Day unto day utters speech-- Be wise, O ye Nations! and hear What yesterday telleth to-day, What to-day to the morrow will preach. A change cometh over our sphere, And the old goeth down to decay. A new light hath dawned on the darkness of yore, And men shall be slaves and oppressors no more." CHARLES MACKAY.
It is in the chapter we have just been considering, the fourth chapter of "The Law of Freedom," that we find Winstanley's last recorded utterances on cosmological and theological problems. Nothing seems to us more strikingly to show the broadening and development of his powerful mind than a comparison of the views here expressed with those contained in his earlier writings on the subject. True, the underlying ideas are practically the same: he still realises the existence of a Divine Spirit, the Spirit of Reason and of Love, of Righteousness and of Peace, animating, inspiring, pervading and governing the whole Creation; he still holds to his doctrine of the Inward Light, the spark of the Divine Spirit of Reason, within man, prompting each and all to act righteously and equitably one toward the other. Yet he is decidedly less mystical. He lays emphasis on the necessity to study the works of God rather than the Word of God; and has evidently become less anthropomorphic and more spiritual, less mystical and more rational, less religious and more ethical, less theological and more philosophic, less scholastic and more scientific. However, we had better let him speak for himself. Immediately after his reflections on the duties and functions of a Commonwealth's Parliament, he proceeds to consider the work of a Commonwealth's Ministry, as follows:
"THE WORK OF A COMMONWEALTH'S MINISTRY, AND WHY ONE DAY IN SEVEN MAY BE A DAY OF REST FROM LABOR.
"If there were good Laws and the People be ignorant of them, it would be as bad for the Commonwealth as if there were no Laws at all. Therefore it is very rational and good that one day in seven be still set apart, for three reasons:
"_First_, That the People in such a Parish may generally meet together to see one another's faces, and beget or preserve fellowship in friendly love.
"_Secondly_, To be a day of rest, or cessation from labor; so that they may have some bodily rest for themselves and cattle.
"_Thirdly_, That he who is chosen Minister (for that year) in that Parish may read to the People three things. First, the affairs of the whole Land, as it is brought in by the Post-Master. Secondly, to read the Law of the Common-wealth, not only to strengthen the memory of the ancients, but that the young people also, who are not grown up to ripeness of experience, may be instructed to know when they do well and when they do ill. For the Law of a Land hath the power of Freedom and Bondage, life and death, in its hand, therefore the necessary knowledge to be known; and he is the best Prophet that acquaints men therewith, that as men grow up in years they may be able to defend the Laws and Government of the Land. But these Laws shall not be expounded by the Reader; for to expound a plain Law, as if a man would put a better meaning than the letter itself, produces two evils: First, the pure Law and the minds of the people will be thereby confounded, for multitude of words darken knowledge. Secondly, the reader will be puffed up in pride to contemn the Law-makers, and in time that will prove the father and nurse of tyranny, as at this day is manifested by our Ministry."
WHAT SHALL BE SPOKEN OF.
"But because the minds of people generally love discourses, therefore, that the wits of men, both old and young, may be exercised, there may be speeches made in a threefold nature:
"_First_, To declare the acts and passages of former ages and governments, setting forth the benefit of freedom by well-ordered Governments, as in Israel's Commonwealth, and the troubles and bondage which hath always attended oppression and oppressors, as the State of Pharaoh and other tyrant kings, who said the Earth and People were theirs, and only at their disposal.
"_Secondly_, Speeches may be made of all Arts and Sciences, some one day some another, as in Physics, Chyrurgery, Astrology, Astronomy, Navigation, Husbandry, and such like. And in these speeches may be unfolded the nature of all herbs and plants, from the Hysop to the Cedar, as Solomon writ of. Likewise men may come to see into the nature of the fixed and wandering Stars, those great powers of God in the heavens above. And hereby men will come to know the secrets of Nature and Creation, within which all true knowledge is wrapped up, and the light in man must arise to search it out.
"_Thirdly_, Speeches may be made sometimes of the nature of mankind, of his darkness and of his light, of his weakness and of his strength, of his love and of his envy, of his inward and outward bondages, of his inward and outward freedoms, etc. And this is that at which the ministry of Churches generally aim; but only that they confound their knowledge by imaginary study.... And thus to speak, or thus to read the Law of Nature (or God) as He hath written His name in every body, is to speak a pure language, and this is to speak the truth as Jesus Christ spake it, giving to everything its own weight and measure. By this means in time men shall attain to the practical knowledge of God truly, that they may serve Him in spirit and in truth: and this knowledge will not deceive a man."
HIS ANSWER TO OBJECTIONS.
Then follows a passage which even to-day would bring down the wrath of "zealous but ignorant professors" upon the head of any author acknowledging it, if within their sphere of influence. He continues:
"'I,' but saith the zealous but ignorant Professor, 'this is a low and carnal Ministry indeed; this leads men to know nothing but the knowledge of the earth and the secrets of nature; but we are to look after spiritual and heavenly things.'
"I answer: 'To know the secrets of nature is to know the works of God; and to know the works of God within the Creation, is to know God himself; for God dwells in every visible work or body. Indeed, if you would know spiritual things, it is to know how the Spirit or Power of Wisdom and Life, causing motion or growth, dwells within and governs both the several bodies of the stars and planets in the heavens above, and the several bodies of the earth below, as grass, plants, fishes, beasts, birds and mankind. For to reach God beyond the Creation, or to know what he will be to a man after the man is dead, if any otherwise than to scatter him into his essences of fire, water, earth and air, of which he is composed, is a knowledge beyond the line or capacity of man to attain to while he lives in his compounded body. And if a man should go to imagine what God is beyond the Creation, or what he will be in a spiritual demonstration after a man is dead, he doth, as the proverb saith, but build castles in the air, or tells us of a world beyond the Moon or beyond the Sun, merely to blind the reason of man.
"'I'll appeal to yourself in this question, What other knowledge have you of God but what you have within the circle of the Creation? For if the Creation in all its dimensions be the fullness of Him that fills all with Himself; and if you yourself be part of this Creation: where can you find God but in that line or station wherein you stand? God manifests Himself in actual Knowledge, not in Imagination. He is still in motion, either in bodies upon earth or in the bodies in the heavens, or in both; in the night and in the day, in Winter, in Summer, in cold, in heat, in growth or not in growth.'"
THE CAUSE OF IGNORANCE, EVIL AND SORROWS.
"But when a studying imagination comes into man, which is the devil, for it is the cause of all evil and sorrows in the world; that is he who puts out the eyes of man's knowledge, and tells him he must believe what others have writ or spoke, and must not trust to his own experience. And when this bewitching fancy sits in the Chair of Government, there is nothing but saying and unsaying, frowardness, covetousness, fears, confused thoughts, and unsatisfied doubtings, all the days of that man's reign in the heart."
EXAMINE THE WAYS OF MEN, NOT ONLY THEIR PRECEPTS.
"Or, secondly, examine yourself and look likewise into the ways of all Professors, and you shall find that the enjoyment of the earth below, which you call a low and a carnal knowledge, is that which you and all Professors (as well as the men of the world, as you call them) strive and seek after. Wherefore are you so covetous after the world, in buying and selling, counting yourself a happy man if you be rich, and a miserable man if you be poor? And though you say, _Heaven after death is a place of glory where you shall enjoy God face to face_, yet you are loth to leave the earth and go thither.
"Do not your Ministers preach for to enjoy the earth? Do not professing Lawyers, as well as others, buy and sell the Conquerer's justice that they may enjoy the earth? Do not professing Soldiers fight for the earth, and seat themselves in that Land which is the birth-right of others, as well as theirs, shutting others out? Do not all Professors strive to get earth, that they may live in plenty by other men's labors? Do you not make the earth your very rest? Doth not the enjoying of the earth please the spirit in you? and then you say God is pleased with your ways and blesseth you. If you want earth, and become poor, do you not say, God is angry with you? Why do you heap up riches? why do you eat and drink, and wear clothes? Are not all these carnal and low things of the earth? and do you not live in them and covet them as much as any, nay more than many which you call men of the world?
"It being thus with you, what other spiritual and heavenly things do you seek after more than others? What is in you more than in others? If you say there is, then surely you should leave these earthly things alone to the men of the world, as you call them, whose portions these are, and keep you within the compass of your own sphere, that others seeing you live a life above the world in peace and freedom, neither working yourselves, nor deceiving, nor compelling others to work for you, they may be drawn to embrace the same spiritual life by your single hearted conversation. Well I have done here."
"LET US NOW EXAMINE YOUR DIVINITY."
Winstanley then carries the war into the camp of his clerical opponents, and that in so forcible a manner that we cannot refrain from quoting at length. He says:
"Let us now examine your Divinity, which you call heavenly and spiritual things; for herein speeches are made, not to advance knowledge, but to destroy the true knowledge of God. For Divinity does not speak the truth, as it is hid in everybody, but it leaves the motional knowledge of a thing as it is, and imagines, studies or thinks what may be, and so runs the hazard of true or false. This Divinity is always speaking words to deceive the simple, that he may make them work for him and maintain him, but he never comes to action himself, to do as he would be done by; for he is a monster who is all tongue and no hand.
"This Divining Doctrine, which you call spiritual and heavenly things, is the thief and the robber, he comes to spoil the Vineyard of a man's peace, and does not enter in at the door, but he climbs up another way. And this Doctrine is two-fold: First, it takes upon him to tell you the meaning of other men's words and writings, by his studying or imagining what another man's knowledge might be, and by thus doing darkens knowledge, and wrongs the spirit of the Authors who did write and speak those things which he takes upon him to interpret. Secondly, he takes upon him to foretell what shall befall a man after he is dead, and what that world is beyond the Sun and beyond the Moon, etc. And if any man tell him there is no reason for what you say, he answers, you must not judge of heavenly and spiritual things by reason, but you must believe what is told you, whether it be reason or no."
WHEREIN IT IS WANTING.
"There is a three-fold discovery of falsehood in this Doctrine. First, it is a Doctrine of a sickly and weak spirit, who hath lost his understanding in the knowledge of the Creation, and of the temper of his own heart and nature, and so runs into fancies, either of joy or sorrow. If the passion of joy predominate, then he fancies to himself a personal God, personal Angels, and a local place of glory, which he saith, he, and all who believe what he hath, shall go to after they are dead. If sorrow predominate, then he fancies to himself a personal Devil, and a local place of torment that he shall go to after he is dead: and this he speaks with great confidence.
"_Secondly_, This is the doctrine of a subtle running spirit, to make an ungrounded wise man mad.... For many times when a wise understanding heart is assaulted with this Doctrine of a God, a Devil, a Heaven and a Hell, Salvation and Damnation after a man is dead, his spirit being not strongly grounded in the knowledge of the Creation nor in the temper of his own heart, he strives and stretches his brain to find out the depth of that doctrine and cannot attain to it. For, indeed, it is not knowledge, but imagination. And so by poring and puzzling himself in it, he loses that wisdom he had, and becomes distracted and mad. If the passion of joy predominate, then he is merry, and sings, and laughs, and is ripe in the expression of his words and will speak strange things: but all by imagination. But if the passion of sorrow predominate, then he is heavy and sad, crying out, _He is damned; God hath forsaken him, and he must go to Hell when he dies; he cannot make his calling and election sure._ And in that distemper many times a man doth hang, kill or drown himself. So this Divining Doctrine, which you call spiritual and heavenly things, torments people always when they are weak, sickly or under any distemper. Therefore it cannot be the Doctrine of Christ the Saviour.
"Or, _thirdly_, This Doctrine is made a cloak of policy by the subtle Elder Brother, to cheat his simpler Younger Brother of the Freedoms of the Earth. For, saith the Elder Brother, 'The Earth is mine, and not yours, Brother; and you must not work upon it, unless you will hire it of me; and you must not take the fruits of it, unless you will buy them of me, by that which I pay you for your labor. For if you should do otherwise, God will not love you, and you shall not go to Heaven when you die, but the Devil will have you, and you must be damned in Hell.'
"If the Younger reply, and say--'The Earth is my Birth-Right as well as yours, and God who made us both is no Respecter of persons. Therefore there is no reason but I should enjoy the Freedoms of the Earth for my comfortable livelihood, as well as you, Brother.'
"'I,' but saith the Elder Brother, 'You must not trust to your own Reason and Understanding, but you must believe what is written and what is told you; and if you will not believe, your Damnation will be the greater.'
"'I cannot believe,' saith the Younger Brother, 'that our Righteous Creator should be so partial in his Dispensations of the Earth, seeing our bodies cannot live upon Earth without the use of the Earth.'
"The Elder Brother replies, 'What, will you be an Atheist, and a factious man, will you not believe God?'
"'Yes,' saith the Younger Brother, 'if I knew God said so, I should believe, for I desire to serve Him.'
"'Why,' saith the Elder Brother, 'this is His Word, and if you will not believe it, you must be damned; but if you will believe it, you will go to Heaven.'
"Well, the Younger Brother, being weak in spirit, and not having a grounded knowledge of the Creation, nor of himself, is terrified, and lets go his hold in the Earth, and submits himself to be a Slave to his Brother, for fear of damnation in Hell after death, and in hopes to get Heaven thereby after he is dead. And so his eyes are put out, and his Reason is blinded. So that this divining spiritual doctrine is a cheat. For while men are gazing up to Heaven, imagining after a happiness, or fearing a Hell after they are dead, their eyes are put out, that they see not what are their Birth-Rights, nor what is to be done by them here on Earth while they are living. This is the filthy Dreamer and the Cloud without rain. And indeed the subtle Clergy do know that if they can but charm the people by this their divining doctrine, to look after riches, Heaven and Glory when they are dead, that then they shall easily be the inheritors of the Earth, and have the deceived people to be their Servants.
"For my own part," he continues, "my spirit hath waded deep to find the bottom of this divining spiritual Doctrine; and the more I searched, the more I was at a loss. I never came to quiet rest and to know God in my spirit, till I came to the knowledge of the things in this Book. And let me tell you, They who preach this divining doctrine are the murderers of many a poor heart, who is bashful and simple, and who cannot speak for himself, but who keeps his thoughts to himself."
Such, then, was Winstanley's final attack on the body of teachings he, rightly or wrongly, hated and despised as the main supporter of the prevailing social injustice. Correct thought he realised to be the necessary precursor of right action; and he knew that correct thought is impossible so long as old, inherited false ideas are unquestioningly accepted and hold undisputed dominion over the human mind. Winstanley seems to us to have realised that it was the ignorance of the many that, in truth, maintained the privileges of the few; that the masses themselves forge the fetters for their own enslavement, which, though apparently as strong as iron bands, are, in truth, but things of gossamer, easily to be broken by those who themselves have forged and who themselves still maintain them.
In the next chapter (chap. v.) Winstanley briefly summarises his views on education, and outlines the means by which he deemed both the production and the distribution of wealth could be carried on without having recourse to "the thieving art of buying and selling." It commences as follows:
OF EDUCATION.
"Mankind in the days of his youth is like a young colt, wanton and foolish, till he be broken in by education and correction; the neglect of this care, or the want of wisdom in the performance of it, hath been and is the cause of much division and trouble in the world. Therefore the Law of a Common-wealth doth require that not only a Father, but that all Overseers and Officers should make it their work to educate children in good manners, and to see them brought up in some trade or other, and to suffer no children in any Parish to live in idleness and youthful pleasures all their days, as many have been; but that they may be brought up like men and not like beasts. That so the Commonwealth may be planted with laborious and wise experienced men, and not with idle fools."
He continues his reflections as follows:
"Mankind may be considered in a four-fold degree, his childhood, youth, manhood, and old age. His childhood and his youth may be considered from his birth till forty years of age. Within this compass of time, after he is weaned from his mother, his parents shall teach him a civil and humble behaviour towards all men. Then send him to school, to learn to read the Laws of the Common-wealth, to ripen his wits from his childhood, and so to proceed with his learning till he be acquainted with all Arts and Languages.... But one sort of children shall not be trained up only to book-learning, and to no other employment, called Scholars, as they are in the Government of Monarchy. For then through idleness they spend their time to find out policies to advance themselves to be Lords and Masters over their laboring bretheren, which occasions all the trouble in the world."
After again indicating the source of all real knowledge, he continues:
"Therefore, to prevent idleness and the danger of Machivilian cheats, it is profitable for the Commonwealth that children be trained up in trades and some bodily employment, as well as in learning languages or the histories of former ages. And as boys are trained up in learning and in trades, so all maids shall be trained up in reading, sewing, kniting, spinning of linnen and woollen, music, and all other easy neat works, either for to furnish Storehouses with linnen and wooll cloth, or for the ornament of particular houses with needlework. If this course were taken, there would be no idle person or beggar in the Land, and much work would be done by that now lazy generation for the enlarging of the Common Treasury."
INVENTION TO BE ENCOURAGED.
"In the managing of any trade let no young wit be crushed in his invention. If any man desire to make a new trial of his skill in any trade or science, the Overseer shall not injure him but encourage him therein; that so the Spirit of Knowledge may have his full growth in man, to find out the secrets in every art. And let everyone who finds out a new invention have a deserved honor given him; and certainly when men are sure of food and raiment, their reason will be ripe and ready to dive into the secrets of the Creation, that they may learn to see and know God (the Spirit of the whole Creation) in all his works. For fear of want and care to pay Rent to Task-Masters hath hindered many rare inventions. So that Kingly Power hath crushed the Spirit of Knowledge, and would not suffer it to rise up in its beauty and fullness, but by his Club Law hath preferred the Spirit of Imagination, which is a deceiver, before it.
"THERE SHALL BE NO BUYING AND SELLING OF THE EARTH, NOR OF THE FRUITS THEREOF.
"For by the Government under Kings the cheaters hereby have cozened the plain-hearted of their Creation Birth-rights, and have possessed themselves in the Earth, and call it theirs, and not the others, and so have brought in that poverty and misery which lies upon many men. And whereas the wise should help the foolish, and the strong help the weak, the wise and strong destroy the weak and simple ... and so the Proverb is made true--_Plain dealing is a jewel, but he who uses it shall die a beggar._ And why? Because this buying and selling is the nursery of cheats; it is the Law of the Conqueror, the Righteousness of the Scribes and Pharisees.... And these cunning cheaters commonly become the Rulers of the Earth.... For not the wise poor man, but the cunning rich man was always made an Officer and a Ruler; such a one as by his stolen interests in the Earth would be sure to hold others in bondage of poverty and servitude to him and his party. Therefore there shall be no buying and selling in a free Common-wealth, neither shall anyone hire his Brother to work for him."
From each according to his ability, to each according to his needs: such, then, was Winstanley's ideal; such was the Communistic Commonwealth he evidently imagined would naturally evolve if only the equal claims of all to the use of the Earth were once recognised and respected. He was, however, much too shrewd to think for a moment that any such State could be ushered in all at once, or created by Act of Parliament. For he continues:
"If the Common-wealth might be governed without buying and selling, here is a Platform of Government for it, which is the ancientest Law of Righteousness to Mankind in the use of the Earth, and which is the very height of Earthly Freedom. But if the minds of the people, through covetousness and proud ignorance, will have the Earth governed by buying and selling still, this same Platform, with some few things subtracted, declares an easy way of Government of the Earth for the quiet of people's minds, and the preserving of peace in the Land.
"HOW MUST THE EARTH BE PLANTED?
"The Earth is to be planted and the fruits reaped and carried into Barns and Storehouses by the assistance of every family. If any man or family want corn or other provisions, they may go to the Storehouses and fetch without money. If they want a horse to ride, go into the fields in Summer, or to the Common Stables in Winter, and receive one from the Keepers, and when your journey is performed, bring him where you had him, without money. If any want food or victuals, they may either go to the butchers' shops and receive what they want without money, or else go to the flocks of sheep or herds of cattle, and take and kill what meat is needful for their families, without buying and selling. The reason why all the riches of the Earth are a Common Stock is this: Because the Earth and the labors thereupon are managed by common assistance of every family, without buying and selling, as is shown more largely in the Office of Overseers for Trades and the Law for Storehouses. The Laws for the right ordering thereof, and the Officers to see the Laws executed, to preserve the peace of every family, and to improve and promote every trade, is shown in the work of Officers and the Laws following."
WHO ALONE WILL OBJECT.
"None will be an enemy to this Freedom, which, indeed, is to do to another as a man would have another do to him, but Covetousness and Pride, the spirit of the old grudging, snapping Pharisees, who give God abundant of good words in their sermons, in their prayers, in their fasts, and in their thanksgivings, as though none should be more faithful servants to Him than they. Nay, they will shun the company, imprison, and kill every one that will not worship God, they are so zealous. Well now, God and Christ hath enacted an everlasting Law, which is Love, not only one another of your own mind, but love your enemies too, such as are not of your mind: and having food and raiment therewith be content. Now here is a trial for you, whether you will be faithful to God and Christ in obeying His Laws; or whether you will destroy the man-child of true Freedom, Righteousness and Peace, in his resurrection. And now thou wilt either give us the tricks of a Soldier, face about, and return to Egypt, and so declare thyself to be part of the Serpent's seed that must bruise the heel of Christ. Or else to be one of the plain-hearted Sons of Promise, or Members of Christ, who shall help to bruise the Serpent's head, which is Kingly Oppression, and so bring in everlasting Righteousness and Peace into the Earth. Well, the eye is now open."
"STOREHOUSES SHALL BE BUILT AND APPOINTED IN ALL PLACES AND BE THE COMMON STOCK.
"There shall be Storehouses in all places, both in the Country and in Cities, to which all the fruits of the Earth, and other works made by Tradesmen, shall be brought, and thence delivered out again to particular Families, and to every one as they want for their use; or else to be transplanted by ships to other Lands to exchange for those things which our Land will not or does not afford. For all the labors of Husbandmen and Tradesmen within the Land, or by Navigation to or from other Lands, shall be upon the Common Stock. And as everyone works to advance the Common Stock, so everyone shall have a free use of any commodity in the Storehouse for his pleasure and comfortable livelihood, without buying or selling or restraint from any. Having food and raiment, lodging, and the comfortable societies of his own kind, what can a man desire more in these days of his travel? Indeed, covetous, proud, and beastly minded men desire more, either to lay by them to look upon, or else to waste and spoil it upon their lusts, while other Bretheren live in straits for the want of the use thereof. But the Laws and Faithful Officers of a Free Commonwealth do regulate the irrational conduct of such men.
"THERE ARE TWO SORTS OF STOREHOUSES, GENERAL AND PARTICULAR.
"The general Storehouses are such houses as receive in all commodities in the gross.... And these general Storehouses shall be filled and preserved by the common labor and assistance of every Family, as is mentioned in the Office for Overseer for Trades. And from these Public Houses, which are the general stock of the Land, all particular Tradesmen may fetch materials for their particular work as they need, or to furnish their particular dwellings with any commodities.
"_Secondly_, There are particular Storehouses, or Shops, to which the Tradesmen shall bring their particular works; as all instruments of iron to the Iron-shops, hats to the shops appointed for them, and so on.... They shall receive in, as into a Storehouse, and deliver out again freely, as out of a Common Storehouse, when particular persons or families come for everything they need, as now they do by buying and selling under Kingly Government. For as particular Families and Tradesmen do make several works more than they can make use of ... and do carry their particular works to Storehouses; so it is all Reason and Equity that they should go to other Storehouses to fetch any other commodity which they want and cannot make. For as other men partake of their labors, so it is reason they should partake of other men's."
It should be scarcely necessary to pause to point out that what Winstanley here describes is exactly what is taking place, in his time as in our times, all the world over. Commodities of every description are continuously being produced, and being brought to the Storehouses, wholesale and retail, thence to be redistributed to those who require them. The Social Problem, of Winstanley's time and of our time, is how to secure to each co-operating worker his fair share of the returns to the labours of all. And manifestly this is impossible so long as some can command any share thereof without having in any way shared in the toil or rendered any equivalent counter-service. In 1905, as in 1652, an ever increasing portion and proportion of the wealth thus harvested and garnered constantly gravitates towards those who, under the prevailing "kingly laws," claim to control the use of the land, whence alone it can be derived. This was the basic social injustice, the parent source of innumerable other social ills and injustices, which Winstanley was one of the first clearly to apprehend, and to combat which he devoted his life.
Winstanley, moreover, fully and clearly realised that:
"THE KING'S OLD LAWS CANNOT SERVE A FREE COMMONWEALTH."
And this formed the heading of his next chapter, in which in a specially lively manner he first points out that the Laws of a Monarchy--which, being based upon inequality, necessarily tend to produce inequality, and whose main function is to legalise and to maintain privileges--are necessarily essentially different from those suitable to a Free Commonwealth--which, being based upon the recognition of the equality of rights, would necessarily tend to produce an equality of social conditions; and whose main function would be to establish and to legalise Justice, equal rights and equal duties, to maintain and to enforce the equal claims of all to the use of the earth, to life, to liberty, and to the pursuit of happiness. It commences as follows:
OF KINGLY LAWS.
"The King's Old Laws cannot govern in times of Bondage and in times of Freedom too. They have indeed served many masters, Papish and Protestant. They are like old Soldiers, who will but change their name, and turn about, and as they were. The Reason is because they are the prerogative will of those, under any Religion, who count it no Freedom to them unless they be Lords over the minds, persons and labors of their bretheren.
"They are called the King's Laws, because they are made by the King. 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 King none were to choose or 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 be chosen. And the reason was because all Freeholders of Land and such as held their Liberties by Charter, were all of the King's interest; and the inferior people were successively of the rank of the conquered ones, and servants and slaves from the time of the Conquest.
"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 from the Conquest, he was either committed to prison by the King or by the 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 had to have regard to the King's prerogative interest to uphold 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 King's 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 King's Laws, because the King's own creatures made the Laws: 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 the King's interest. Do we not see that all Laws were made in the days of the King to ease the rich Landlord? The poor laborers 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; the power of Lords of Manors, withholding the free use of the Common-land from them, remained still. For none durst make any 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 King's Laws."
OF COMMONWEALTH'S LAWS.
"These old Laws cannot govern a Free Commonwealth; because the Land is now 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. 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 honor to the Norman Race, and partly to keep the Common People ignorant of their Creation Freedom 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?"
Winstanley then proceeds to consider the question, What is Law? and to emphasise the essential difference between customary, conventional or written Law and that unwritten Law, proceeding from the Inward Light of Reason, that inspires men, in action as in words, to do as they would be done unto. He first gives the following clear, rational and sufficient definition of Law:
"Law is a Rule, whereby men and other creatures are governed in their actions for the preservation of Common Peace."
Then follows a most philosophic consideration of the whole question, which seems to us to reveal that Winstanley was groping, and by no means so blindly as many who succeeded him, after some Natural Law, some unalterable and immutable principle, which should serve as a basis, as well as the test and touchstone, of all man-made customs, laws and institutions. He continues:
THE TWO-FOLD NATURE OF LAW.
"This Law is two-fold: First, it is the power of Life (called the Law of Nature within the Creatures) which doth 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 anybody does, he does it as he is moved by this inward Law. And this Law of Nature moves two-fold, viz., irrationally or rationally."
THE LAW OF THE FLESH.
"A man by this inward Law is guided to actions of 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 may be called the Law of the Members warring against the Law of the Mind."
THE LAW OF THE MIND.
"Or where there is an inward watchful oversight of all motions to action, considering the end and effect of those actions, so 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 may be called the Light in Man, the Reasonable Power, or the Law of the Mind. And this rises up in the heart by an experimental observation of that peace or 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 may be called the witness or testimony of a man's own conscience: and this moderate watchfulness is still the Law of Nature, but in a higher resurrection than the former. It hath many terms, which for brevity sake I let pass."
THEIR STRUGGLE FOR SUPREMACY.
"This two-fold work of the Law within man strive to bring forth themselves in writing to beget numbers of bodies on their sides. That power which begets the bigger number always rules as King or Lord in the creature and in the Creation, till the other side 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 came and cast him out."
THE WRITTEN LAW.
"This written Law, proceeding either from reason or unreasonableness, is called the Letter, whereby the creation of mankind, beasts and earth are governed, according to the will of that power which rules.... 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 inexperienced man, to preserve Peace in the Commonwealth. 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."
ITS CORRUPTION.
"_Secondly_, Since Moses' time the power of unreasonable covetousness and pride hath sometimes risen up and corrupted that Traditional Law. For since the power of the sword rises 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 the 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 on the backs of the plain-dealing men; and men of public spirit, as Moses was, have been crushed, and their spirits damped thereby: which hath bred first discontents, and then more wars in the Nations.... But hereby the true nature of a well-governed Commonwealth hath been ruined; the will of Kings set up for a Law; and the Law of Righteousness, the Law of Liberty, trod under foot and killed. This Traditional Law of Kings is that Letter at this day which kills true freedom and is the fomenter of wars and persecutions.
"This is the soldier who cut Christ's garments into pieces, which was to remain uncut and without seam. This law moves the people to fight one against the other for those pieces; viz., for the several enclosures of the Earth, who shall possess the Earth, and who shall be Rulers over others."
THE EVERLASTING LAW.
"But the true ancient Law of God is a Covenant of Peace to the whole of 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."
Winstanley then contends that, as far as written laws are concerned--
"SHORT AND PITHY LAWS ARE BEST TO GOVERN A COMMONWEALTH,"
and defends this conclusion as follows:
"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 Laws 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 on 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 his own trade, sets them together by the ears till all their money be near spent; and then bids them refer the business to their neighbors to make them friends, which might have been done at the first. So that the course of the Law and Lawyers hath been a 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 this, 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. Everyone, knowing when they did well and when ill, would be very cautious of their words and actions, and thus would escape the Lawyer's craft. As Moses' Law 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 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."
Winstanley, then, we regret to say, was ambitious enough to attempt to formulate a whole series of rigid artificial laws, which he evidently deemed adapted to promote the prosperity and preserve the happiness of his ideal Commonwealth: laws for the planting of the Earth, for Navigation, Trade, Marriage, etc. etc. The curious reader will find them almost in full in Appendix C. Many of them may seem to us unnecessary, but then we should remember that we have at our command a greater store of economic knowledge, and more accurate economic reasoning, than were available to Winstanley. Many of his laws will appear to us unnecessarily severe; but if we compare them with those prevailing for many, many years after his time, they will appear, by comparison, both mild and humane. As it seems to us, Winstanley intended to formulate suggestions rather than Laws in the accepted sense of the term: suggestions by following which the Earth could be planted and harvested, and all handicraft, trade, commerce and industries carried on, and the fruits of the united labours of all equitably distributed amongst all according to their needs, without having recourse to "the thieving art of buying and selling" either the Earth or the fruits thereof.
The pamphlet concludes with the following quaint and yet philosophic lines, with which our notice of it may also fittingly close:
"Here is the Righteous Law, Man wilt thou it maintain? It may be, 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 come, 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 Engagements, when deeds for him are done. O Power where art thou? thou 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."