The Digger Movement in the Days of the Commonwealth Part 23

"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 a.s.sistance 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 gra.s.s 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 pet.i.tionings 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 cas.h.i.+er 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 a.s.sistance 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 a.s.sist 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 Amba.s.sadors 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 Amba.s.sadors 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 a.s.sist and protect you._

"These words, _a.s.sist_ 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 a.s.sist 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 l.u.s.ts.... 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 a.s.sist in person and purse, and if the people do a.s.sist and prevail over the Tyrant, those Officers are bound by the Law of Justice (who is G.o.d) 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 a.s.sist 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 a.s.sist 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 CIRc.u.mSTANCES.

"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 a.s.ses 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.