At the foot of this pamphlet we find the following notice: "Reader, You may expect in the Third Part to have an Anatomising of all Powers that now are, etc. And in the Fourth Part, the Grounds and Rules that all men are to go by. Farewell." Whether these notices refer to some of Winstanley's pamphlets, the second seems to point to The New Law of Righteousness, or not, we have no means of knowing. Nor, indeed, whether the above pamphlets were from his pen, though we strongly believe them to have been so. In any case they seem to us to have sufficient bearing on the Digger Movement to justify our noticing them here.

Some six weeks later, on May 10th, yet another pamphlet appeared from the same part of the country, entitled:

"A DECLARATION OF THE WELL-AFFECTED IN THE COUNTY OF BUCKINGHAMSHIRE:[84:1]

Being a Representation of the Middle Sort of Men within the three Chilterne Hundreds of Disborough, Burnum and Stoke, and part of Ailsbury Hundred, whereby they declare their Resolution and Intentions, with a Removal of their Grievances."

This is a very short pamphlet, of some seven pages, in which these "Middle Sort of Men" state that they had waited for eight years for redress of their grievances, but finding them still continue, and expecting little good from the Parliament and the Grandees of the Army, "finding the Grandees of the Army to be the men that hinder both the honest soldiery that stand for absolute freedom, and doth imprison and put them to death that are for Just Principles of Common Right and Equity, so that those honest men are by those proud Commanders persecuted by the name of Levellers...."[85:1]

"Therefore we declare our intentions that the World may take notice of our principles, which are for Common Right and Freedom. And therefore—

"1. We do protest against all Arbitrary Courts, Terms, Lawyers, Impropriators, Lords of Manors, Patents, Privileges, Customs, Tolls, Monopolisers, Incroachers, Enhancers, etc., or any other interest-parties, whose powers are arbitrary, etc., as not to allow or suffer ourselves to be inslaved by any of those parties, but shall resist, as far as lawfully we can, all their Arbitrary Proceedings.

"2. We protest against the whole Norman Power, as being too intolerable a burden any longer to bear.

"3. We protest against paying Tythes, Tolls, Customs, etc.

"4 We protest against any coming to Westminster Terms, or to give any money to the Lawyers, but will endeavour to have all our Controversies ended by 2, 3 or 12 men of our own neighborhood, as before the Norman Conquest.

"5. We protest against any trial by a Martial Court as arbitrary, tyrannical and wicked, and not for a Free People to suffer in times of peace.

"6. We shall help to aid and assist the Poor to the regaining all their Rights, dues, etc., that do belong unto them, and are detained from them by any Tyrant whatsoever.

"7. And likewise will further and help the said Poor to manure, dig, etc., the said Commons, and to sell those woods growing thereon to help them to a stock, etc.

"8. All well affected persons that joyn in Community in God's way, as those Acts 2. v. 44, and desire to manure, dig and plant in the waste grounds and commons, shall not be troubled or molested by any of us, but rather furthered therein.

"We desire to go by the Golden Rule of Equity, viz., To do to all men as we would they should do to us, and no otherwise: and as we would tyrannise over none, so we shall not suffer ourselves to be slaves to any whosoever."

That such views were not restricted to "the Levellers" may be inferred from the very similar demands made in "A Petition of the Officers engaged for Ireland," and presented to the House of Commons in July of the same year (see Whitelocke, p. 413), from which we take the following: "That proceedings in law may be in English, cheap, certain, etc., and all suits and differences first to be arbitrated by three neighbours, and if they cannot determine it, then to certify the Court." They also "humbly pray"—"That Tithes may be taken away, and Two Shillings in the Pound paid for all lands, out of which the Ministers to be maintained and the Poor." This, we should think, was the first petition to the House of Commons in favour of the Taxation of Land Values.

In fact, religious and political speculation, as well as dissatisfaction and discontent, were rife amongst the active and thoughtful of the people, as well as in the Army. On the 17th of the previous month, some of the soldiers, who, according to Gardiner,[87:1] "had resolved not to leave England till the demands of the Levellers [the political Levellers] had been granted—300 in Hewson's regiment alone," had refused to go to Ireland, and had been promptly cashiered. On April 24th a dispute about pay in one of the troops of Whalley's regiment had resulted "in some thirty of the soldiers seizing the colours and refusing to leave their quarters." It was not till Cromwell and Fairfax appeared on the scene that they submitted. Fifteen of their number were carried to Whitehall, where, on the 26th, a Court-martial condemned six of them to death. "Cromwell, however, pleaded for mercy, and in the end all were pardoned with the exception of Robert Lockyer, who was believed to have been their leader." Lockyer, Gardiner continues, "though young in years, had fought gallantly through the whole of the war. He was a thoughtful, religious man, beloved by his comrades, who craved for the immediate establishment of liberty and democratic order. As such he had stood up for The Agreement of the People on Corkbush Field," when another trooper of a similar character, named Arnold, had been shot to death, "and he now entertained against his commanding officers a prejudice arising from other sources than the mere dispute about pay, which influenced natures less noble than his own.... On the 27th, Lockyer, firmly believing himself to be a martyr to the cause of right and justice, was led up Ludgate Hill to the open space in front of St. Paul's, and there, after expostulating with the firing party for their obedience to their officers in a deed of murder, he was shot to death."

Lockyer's funeral took place on the 29th, and was the occasion of a remarkable demonstration, of which we take the following account from the pages of Whitelocke's Memorial of English Affairs (p. 399):

"Mr. Lockier a Trooper who was shot to death by Sentence of the Court Martial was buried in this manner. About one thousand went before the Corps, and five or six in a file, the Corps was then brought with six Trumpets sounding a Soldier's Knell, then the Trooper's Horse came clothed all over in mourning and led by a Footman. The Corps was adorned with bundles of Rosemary, one half stained with blood, and the Sword of the deceased with them. Some thousands followed in Ranks and Files, all had Sea-green and black Ribbon tied on their Hats and to their Breasts, and the Women brought up the Rear. At the new Church Yard in Westminster some thousands more of the better sort met them, who thought not fit to march through the City. Many looked on this Funeral as an Affront to the Parliament and Army; others called them Levellers, but they took no notice of any of them."

In view of such a manifestation of the state of public opinion, we cannot be surprised that Winstanley's eloquent and impressive appeals awoke a responsive echo in the minds of many who would have shrunk from following his example, or even from publicly avowing his creed. Moreover, the miserable condition of the masses of the agricultural population, of which we shall give some startling evidence later on, must have prepared a soil favourable to his self-imposed mission, to awaken them to a knowledge both of their rights and of their duties. Especially welcome must have been doctrines in accordance with their simple religious beliefs, as well as with their ancient and well-founded traditions of certain inalienable rights to the use of the land: rights that, as they well knew, had been filched from them under cover of laws they had no voice in making, which they did not understand, and which were enforced upon them by the power of the sword and gallows. We must remember, however, that though the landholders had succeeded in impoverishing, they had not yet succeeded in degrading the people; some remnant of the old English spirit was still left, and the Civil War had re-awakened the old English craving for freedom, liberty, and equity. The landholders, in their attempt to emancipate themselves from the control of the Crown, had kindled a fire amongst the people before which they quailed; small wonder, then, that about this time they began to wish, to intrigue and to struggle for the re-establishment of the Monarchy. From the time of Henry the Eighth the condition of the English labourers had steadily worsened; it was left to the landholders after the Restoration to complete their enslavement and degradation. When considering Winstanley's or any other similar doctrines, the student would do well to bear in mind Professor Thorold Rogers' conclusions,[89:1]—conclusions arrived at after a lifelong study of the question,—that—"I contend that from 1563 to 1824, a conspiracy, concocted by the law and carried out by parties interested in its success, was entered into, to cheat the English workmen of his wages, to tie him to the soil, to deprive him of hope, and to degrade him into irremediable poverty." Or, as he elsewhere expresses it[89:2]—"For more than two centuries and a half the English law, and those who administered the law, were engaged in grinding down the English workman to the lowest pittance, in stamping out every expression or act which indicated any organised discontent, and in multiplying penalties upon him when he thought of his natural rights."

FOOTNOTES:

[79:1] King's Pamphlets. British Museum, Press Mark E 475 (11).

[83:1] King's Pamphlets. British Museum, Press Mark, E. 548 (33).

[84:1] King's Pamphlets. British Museum, Press Mark, E. 555.

[85:1] About this time, or a little later, there appeared in London an interesting manifesto from some of the disbanded soldiers, the copy of which in the British Museum (Press Mark, 4152. b.b. 109) bears no date, but is addressed as follows: "To the Generals and Captains, Officers and Soldiers of this present Army. The Just and Equal Appeal, and the state of the Innocent Cause of us, who have been turned out of your Army for the exercise of our pure Consciences, who are now persecuted amongst our Brethren under the name of Quakers." Wherein they declare that "The first cause and ground of our engagement in the late wars against the Bishops and Prelates, and against Kings and Lords, and the whole body of oppressors: our first engagement, we say, against these was justly and truly upon that account of purchasing and obtaining Liberties in Civil Rights, and also in matters of Conscience in the exercise of the worship of God.... And we can safely say that the Liberty of Conscience and the True Freedom of the Nations from all their oppressions was the mark at which we aimed, and the harbour for which we hoped and the rest proposed in our minds as the absolute end of our long and weary travel."

[87:1] History of the Protectorate, vol. i. pp. 50, 51.

[89:1] Six Centuries of Work and Wages, p. 398.

[89:2] Socialism and Land. Essay in a Quarterly Review, Subjects of the Day, part ii. p. 52.



CHAPTER IX

THE DIGGERS' MANIFESTOES

"Take notice, That England is not a Free People till the Poor that have no land have a free allowance to dig and labor the Commons, and so live as comfortably as the Land Lords that live in their Inclosures. For the people have not laid out their monies and shed their blood that their Land Lords, the Norman Power, should still have its liberty and freedom to rule in tyranny, but that the Oppressed might be set free, prison doors opened, and the Poor People's heart comforted by an universal consent of making the Earth a Common Treasury, that they may live together united by brotherly love into one spirit, and having a comfortable livelihood in the Community of one Earth their Mother."—WINSTANLEY, The True Levellers Standard Advanced.

By the publication of his earlier pamphlets, Winstanley seems to have attracted a small band of earnest disciples, eager by their actions to declare their adherence to the principles he had so fearlessly and eloquently proclaimed. However, before taking the steps they had decided on, they deemed it necessary openly and frankly to declare their intentions to the world, more especially to those whose individual or class interests would be likely to be affected thereby. Hence early in 1649, probably in the last days of March or the beginning of April, they issued a pamphlet, signed by some 46 of them, which seems mainly from Winstanley's pen, entitled:

"A DECLARATION FROM THE POOR OPPRESSED PEOPLE OF ENGLAND:[90:1]

Directed to all that call themselves or are called Lords of Manors through this Nation, that have begun to cut, or that through fear of Covetousness do intend to cut down the woods and trees that grow upon the Commons and Waste Land."

The pamphlet opens with the following vigorous and pertinent words:

"We whose names are subscribed, do in the name of all the poor oppressed people of England, declare unto you that call yourselves Lords of Manors and Lords of the Land, that, in regard the King of Righteousness, our Maker, hath enlightened our hearts so far as to see that the Earth was not made purposely for you to be Lords of it, and we to be your Slaves, Servants and Beggars, but it was made to be a common livelihood to all.... And further, in regard the King of Righteousness hath made us sensible of our burthens, and the cries and groanings of our hearts are come before Him, we take it as a testimony of love from Him, that our hearts begin to be freed from slavish fear of men such as you are, and that we find Resolutions in us, grounded upon the Inward Law of Love one towards another, to dig and plough up the Commons and Waste Land through England; and that our conversations shall be so unblamable that your Laws shall not reach to oppress us any longer, unless you by your Laws will shed the innocent blood that runs in our veins."

Subsequently they protest against the Lords of Manors controlling the use and taking the profit of the Commons, hindering the people from supplying their wants as regards "Woods, Heath, Turf or Turfeys in places about the Commons," and continue defiantly:

"Therefore we are resolved to be cheated no longer, nor to be held under the slavish fear of you no longer, seeing the Earth was made for us as well as for you. And if the Common Land belong to us who are the poor oppressed, surely the woods that grow upon the Commons belong to us likewise. Therefore we are resolved to try the uttermost in the light of Reason to know whether we shall be Free-men or Slaves. If we lie still and let you steal away our birthrights, we perish; and if we petition, we perish also, though we have paid taxes, given free-quarter, and have ventured our lives to preserve the Nation's freedom as much as you, and therefore, by the Law of Contract with you, freedom in the land is our portion as well as yours, equal with you. And if we strive for Freedom, and your murdering, governing Laws destroy us, we can but perish."

"Therefore we require and we resolve to take both Common Land and Common Woods to be a livelihood for us, and look upon you as equal with us, not above us, knowing very well that England, the Land of our Nativity, is to be a Common Treasury of Livelihood to all, without respect of persons.

"So then, we declare unto you that do intend to cut our Common Woods and Trees, that you shall not do it, unless it be for a stock for us, and we to know of it by a public declaration abroad, that the poor oppressed, who live thereabouts, may take it and employ it for their public use: Therefore take notice, we have demanded it in the name of the Commons of England, and of all the Nations of the world, it being the righteous freedom of the Creation."

They then warn all wood-buyers against purchasing from those who would dispose of such wood for their own private advantage, again emphasising their contention that they would take it only to provide a common stock for all. Then they appeal to the Great Council of England for protection and encouragement, urging that august body to fulfil the promises so freely made, at the outbreak of the Civil War, to induce them and others to espouse the Parliament's cause. Apparently they did not expect much from them, as their appeal commences in the following somewhat hesitating manner:

"And we hope we may not doubt (at least we expect) that they that are called the Great Council and Powers of England, who so often have declared themselves by promises and by covenants, and have confirmed them by multitude of fasting days, and devout protestations to make England a free people, upon condition they would pay moneys and adventure their lives against the successor of the Norman Conqueror, under whose oppressing power England was enslaved. And we look upon that freedom promised to be the inheritance of all, without respect of persons. And this cannot be unless the Land of England be freely set at liberty from proprietors and becomes a Common Treasury to all her children, as every portion of the Land of Canaan was the common livelihood of such and such a Tribe, and of every member of that Tribe, without exception, neither hedging in any, nor hedging out.

"We say we hope we need not doubt of their sincerity to us herein, and that they will not gainsay our determinate course. Howsoever, their actions will prove to the view of all either their sincerity or their hypocrisy. We know what we speak is our privilege and that our cause is righteous; and if they doubt of it, let them but send a child for us to come before them, and we will make it manifest some ways."

They then advance the grounds for their demands in the following incisive words:

"First, By the National Covenant, which yet stands in force to bind Parliament and People to be faithful and sincere before the Lord God Almighty, wherein every one in his several place hath covenanted to preserve and seek the liberty each of other without respect of persons.

"Secondly, By the late victory over King Charles we do claim this our privilege to be quietly given us out of the hands of Tyrant Government, as our bargain and contract with them. For the Parliament promised if we would pay taxes, and give free-quarter, and adventure our lives against Charles and his party, whom they called the common enemy, they would make us a free people.[93:1] These three being all done by us, as well as by themselves, we claim this our bargain by the Law of Contract from them, to be a free people with them, they being chosen by us, but for a peculiar work, and for an appointed time, from among us, not to be our oppressing Lords, but servants to succour us. But these two are our weakest proofs. And yet by them, in the light of Reason and Equity that dwells in men's hearts, we shall with ease cast down all those former enslaving, Norman, reiterated Laws, in every King's reign since the Conquest, which are as thorns in our eyes and pricks in our sides, and which are called the Ancient Government of England.

"Thirdly, We shall prove we have a free right to the land of England, being born therein, as well as elder brothers, and that it is our right equal with them and they with us, to have a comfortable livelihood in the Earth, without owning any of our own kind to be either Lords or Land-Lords over us. And this we shall prove by plain text of Scripture, without exposition upon them, which the Scholars and Great Ones generally say is their rule to walk by.

"Fourthly, We shall prove it by the Righteous Law of our Creation, that mankind in all its branches is the Lord of the Earth, and ought not to be in subjection to any of his own kind without him, but to live in the light of the Law of Righteousness and Peace established in his heart."

The pamphlet concludes as follows:

"Thus in love we have declared the purpose of our hearts plainly, without flattery, expecting love and the same sincerity from you, without grumbling or quarrelling, being Creatures of your own image and mould, intending no other matter herein, but to observe the Law of Righteous Action, endeavouring to shut out of the Creation the accursed thing called Particular Propriety, which is the cause of all wars, bloodshed, theft, and enslaving Laws, that hold the people under misery.

"Signed for and in the behalf of all the poor oppressed people of England and the whole world—

"GERARD WINSTANLEY, } JOHN COULTON, } JOHN PALMER, } THOMAS STAR, } SAMUEL WEBB, } and others, forty-six in all. JOHN HAYMAN, } THOMAS EDCER, } WILLIAM HOGRILL," }

A few days after the publication of this declaration, viz., on Sunday, April 1st, 1649, the Diggers commenced their labours on the Commons around George's Hill, in Surrey, the first results of which we have already recorded. Within a few days of Winstanley and Everard's visit to Lord Fairfax and his Council of War, they and their followers drafted yet another pamphlet, which bears date April 26th, 1649, the very day Lockyer, "The Army's Martyr," was condemned to death, and the title-page of which reads as follows:

"THE TRUE LEVELLERS STANDARD ADVANCED:[95:1]

OR

THE STATE OF COMMUNITY OPENED AND PRESENTED TO THE SONS OF MEN.

BY

WILLIAM EVERARD. JOHN PALMER. JOHN SOUTH. JOHN COURTON. WILLIAM TAYLOR. CHRISTOPHER CLIFFORD. JOHN BARKER. GERRARD WINSTANLEY. RICHARD GOODGROOME. THOMAS STARRE. WILLIAM HOGGRILL. ROBERT SAWYER. THOMAS EDER. HENRY BICKERSTAFFE. JOHN TAYLOR, etc.

Beginning to plant and manure the Waste Land upon Georges Hill, in the Parish of Walton, in the County of Surrey."

The pamphlet opens with a Preface by a certain John Taylor, whose name appears last on the list of signatures attached thereto, and who was probably one of Winstanley's more recent converts. In it he states that he has had "some conversation with the author of this ensuing declaration, and the persons subscribing, and by experience find them sweetly acted and guided by the everlasting Spirit, the Prince of Peace, to walk in the paths of Righteousness." "Such as these," he declares, "shall be partakers of the promise—Blessed are the meek, for they shall inherit the Earth."

The body of the pamphlet itself is headed:

"A DECLARATION TO THE POWERS OF ENGLAND, AND TO ALL THE POWERS OF THE WORLD, shewing the cause why the Common People of England have begun and give consent to dig up, manure, and sow corn upon George Hill in Surrey, by those that have subscribed, and thousands more that give consent."

It commences as follows:

"In the beginning of time the great Creator, Reason, made the Earth to be a Common Treasury to preserve beasts, birds, fishes and man, the Lord who was to govern this Creation. For man had dominion given him over the beasts, birds and fishes; but not one word was spoken in the beginning that one branch of mankind should rule over another.... But since human flesh began to delight himself in the objects of the Creation more than in the Spirit of Reason and Righteousness ... and selfish imagination ruling as King in the room of Reason therein, and working with Covetousness, did set up one man to teach and rule over another; and thereby the Spirit was killed, and Man was brought into bondage and became a greater slave to some of his own kind than the beasts of the field were to him. Hereupon the Earth (which was made to be a Common Treasury of Relief for all, both beasts and men) was hedged into enclosures by the Teachers and Rulers, and the others were made Servants and Slaves. And the Earth, which was made to be a Common Storehouse for all, is bought and sold and kept within the hands of a few, whereby the Great Creator is mightily dishonoured, as if He were a respecter of persons, delighting in the comfortable livelihood of some, and rejoicing in the miserable poverty and straits of others."

Winstanley then makes his appeal to those who had been entrusted with the government of the Nation, in the following touching and yet suggestive words:

"O thou Powers of England! though thou hast promised to make this people a Free People, yet thou hast so handled the matter, through thy self-seeking humour, that thou hast wrapped us up more in bondage, and oppression lies heavy upon us.... If some of you will not dare to shed your blood to maintain tyranny and oppression upon the Creation, know this, That our blood and life shall not be unwilling to be delivered up in meekness to maintain Universal Liberty, that so the Curse, on our part, may be taken off the Creation. We shall not do this by force of arms; we abhor it, for it is the work of the Midianites to kill one another, but by obeying the Lord of Hosts, by laboring the Earth in Righteousness together, to earn our bread by the sweat of our brows, neither giving hire nor taking hire, but working together and eating together as one man, or as one house in Israel restored from Bondage. And so by the power of Reason, the Law of Righteousness in us, we endeavour to lift up the Creation from that bondage of Civil Propriety which it groans under."

He again explains the work they are entered upon, and their reasons for attempting it, as follows:

"The work we are going about is this, To dig up Georges Hill and the waste grounds thereabouts, and to sow corn, and to eat our bread together by the sweat of our brows.

"And the First Reason is this, THAT WE MAY WORK IN RIGHTEOUSNESS, AND LAY THE FOUNDATION OF MAKING THE EARTH A COMMON TREASURY FOR ALL, BOTH RICH AND POOR, THAT EVERYONE THAT IS BORN IN THE LAND MAY BE FED BY THE EARTH HIS MOTHER THAT BROUGHT HIM FORTH, ACCORDING TO THE REASON THAT RULES IN THE CREATION."

Then follows this impressive declaration of the motives inspiring their actions:

"For it is showed us, That so long as we, or any other, do own the Earth to be the peculiar Interest of Lords and Land Lords, and not common to others as well as to them, we own the Curse, and hold the Creation under Bondage. And so long as we or any other do own Land Lords and Tenants, for one to call the land his, or another to hire it of him, or for one to give hire and for another to work for hire: This is to dishonour the work of Creation, as if the righteous Creator should have respect to persons, and therefore made the Earth for some and not for all. So long as we, or any other, maintain this Civil Propriety, we consent still to hold the Creation in that bondage it groans under; and so we should hinder the Work of Restoration, and sin against the Light that is given into us, and so, through fear of the flesh man, lose our peace."

And the pamphlet concludes with the following somewhat mystic words:

"Thus you Powers of England, and of the whole World, we have declared our Reasons why we have begun to dig upon George Hill in Surrey. One thing I must tell you more, which I received in voice likewise at another time; and when I received it my eye was set towards you. The words were these—Let Israel go free.

"Surely as Israel lay four hundred and thirty years under Pharaoh's bondage, before Moses was sent to fetch them out, even so Israel (the Elect Spirit spread in Sons and Daughters) hath lain three times so long already.... But now the time of Deliverance hath come.... For now the King of Righteousness is arising to rule in and over the Earth.... Therefore once more, Let Israel go free, that the Poor may labour the waste land, and suck the Breasts of their Mother Earth, that they starve not. In so doing thou wilt keep the Sabbath Day, which is a Day of Rest, sweetly enjoying the Peace of the Spirit of Righteousness, and find Peace by living among a people that live in Peace: This will be a Day of Rest which thou never knew yet.

"But I do not entreat thee, for thou art not to be entreated. But in the Name of the Lord, that hath drawn me forth to speak to thee, I, yea I say, I command thee, To let Israel go free, and quietly to gather together into the place where I shall appoint; and hold them, no longer in bondage.... But if you will not, but Pharaoh-like cry, Who is the Lord that we should obey him? and endeavour to oppose, then know, that He that delivered Israel from Pharaoh of old is the same Power still, in whom we trust, and whom we serve. For this, Conquest over thee shall be got, not by Sword or Weapon, but by my Spirit, saith the Lord of Hosts."

Such, then, were the first "official pronouncements" of the body of men known in the History of England as the Diggers, whose proud privilege it was to be the first in our native land, as against the rights of property, boldly to proclaim the rights of man. Poor in worldly goods they may have been, but they were rich in hope and in love, in broad thoughts and elevating ideals, in a firm belief in the power and ultimate triumph of the Inward Light of Equity and Reason, and in unflinching resolution, not only to proclaim the steps necessary to social salvation, but to adventure their lives and persons to lay the foundations of a better, of a more equitable and beneficial, social state than ever they knew. Certain it is that they were inspired by the highest motives that impel men to action; hence even those who may deem their views erroneous should not withhold from the men themselves their meed of respect, admiration, and sympathy. To those who deem their views true, we need make no appeal. Monuments are erected in stone, in marble, or in gold, to those whose actions in peace or in war commend themselves to their own generation; the monuments to those in advance of their times and of our times, are to be found only in the hearts of thinkers. It was but yesterday, after some two hundred and fifty years, that public sentiment tolerated the erection of a public monument to the memory of the man who delivered his country from under the tyranny of Kings. Before another similar period has passed away, a similar tribute may be paid to the memory of those who, during the same tumultuous but inspiring times, would have saved all future generations of their countrymen from under the tyranny of Land-Lords.

FOOTNOTES:

[90:1] British Museum, Press Mark, 1027, i. 16 (3). We say "mainly from Winstanley's pen," for though the arguments are his, the style of the pamphlet, with its long, involved, never-ending sentences, so unlike Winstanley's crisp, epigrammatic, vigorous style, suggests to us that the writing was probably left to some other member of his company, or probably to a Committee appointed for the purpose.

[93:1] This fairly represents the general spirit and feeling prevailing in the Model Army, who repeatedly contended, to quote the words of the Declaration of the Army of June 14th, 1647, that—"We are not a mere mercenary army hired to serve any arbitrary power of a State, but called forth and conjured by the several Declarations of Parliament to the defence of our own and the people's just Rights and Liberties; and so we took up arms in judgment and conscience to those ends, and have so continued in them, and are resolved according to your first just desires in your Declarations, and such principles as we have received from your frequent informations, and our own common sense concerning those our fundamental rights and liberties, to assert and vindicate the just power and rights of this Kingdom in Parliament for those common ends promised against all arbitrary power, violence and oppression, and against all particular parties or interests whatsoever."

[95:1] King's Pamphlets. British Museum, Press Mark, E. 552. In the British Museum Catalogue the Preface is attributed to John Taylor the Water Poet; but, to judge from his other writings, this is probably an error.



CHAPTER X

A LETTER TO LORD FAIRFAX AND HIS COUNCIL OF WAR; AND AN APPEAL TO THE HOUSE OF COMMONS

"For you must either establish Commonwealth's Freedom in power, making provision for everyone's peace, which is Righteousness, or else you must set up Monarchy again. Monarchy is twofold, either for one king to reign, or for many to rule by kingly principles. For the king's power lies in his laws, not in his name. And if either one king rule, or many rule by kingly principles, much murmuring, grudges, troubles, and quarrels may and will arise among the oppressed people upon every gained opportunity."—WINSTANLEY, The Law of Freedom.

Within a few days of Lord Fairfax's visit to the Diggers, already recorded, and about two months after the publication of The True Levellers Standard Advanced, Winstanley, on June 9th, 1649, again made his appearance at the headquarters of the Army, the bearer of a letter, which, as he tells us, he himself delivered to the Lord General, "who very mildly promised to read it and consider of it":

"A LETTER TO LORD FAIRFAX AND HIS COUNCIL OF WAR:[100:1]

With divers questions to the Lawyers and Ministers: Proving it an undeniable equity that the Common People ought to dig, plow, plant and dwell upon the Commons without hiring them or paying Rent to any.

Delivered to the General and his Chief Officers, June 9th, 1649, by Gerrard Winstanley in the behalf of those who have begun to dig upon George Hill in Surrey."

The letter opens as follows:

"Our digging and ploughing upon George Hill in Surrey is not unknown to you, since you have seen some of our persons, and heard us speak in defence thereof; and we did receive kindness and moderation from you and your Council of War, both when some of us were at Whitehall before you, and when you came in person to George Hill to view our works. We endeavour to lay open the bottom and intent of our business as much as can be, that none may be troubled with doubtful imaginations about us, but may be satisfied in the sincerity and universal righteousness of the work."

It then continues:

"We understand that our digging upon that Common is the talk of the whole Land, some approving, some disowning; some are friends filled with love, and see that the work intends good to the Nation, the peace whereof is that which we seek after; others are enemies filled with fury, who falsely report of us that we have intent to fortify ourselves, and afterwards to fight against others and take away their goods from them, which is a thing we abhor. And many other slanders we rejoice over, because we know ourselves clear, our endeavour being no otherwise but to improve the Commons, and to call off that oppression and outward bondage which the Creation groans under, as much as in us lies, and to lift up and preserve the purity thereof."

Winstanley then declares that their opponents were but "one or two covetous freeholders that would have all the Commons to themselves, and that would uphold the Norman tyranny," and still further explains his position, as follows:

"We told you, upon a question you put to us, that we were not against any that would have Magistrates and Laws to govern, as the Nations of the World are governed, but that, for our own parts, we shall need neither the one nor the other in that nature of government. For as our land is common, so our cattle is to be common, and our corn and fruits of the earth common, and are not to be bought and sold among us, but to remain a standing portion of livelihood to us and our children, without that cheating entanglement of buying and selling; and we shall not arrest one another. And then what need have we of imprisoning, whipping or hanging laws to bring one another into bondage? And we know that none of those that are subject to this righteous law dares arrest or enslave his brother for or about the objects of the Earth, because the Earth is made by our Creator to be a Common Treasury of Livelihood to one equal with another, without respect of persons.... What need have we of any outward, selfish, confused laws, made to uphold the Power of Covetousness, when we have the Righteous Law written in our hearts, teaching us to walk purely in the Creation."

Winstanley then complains of the action of some of the soldiers, but expresses the desire that they should not be punished, only cautioned not to offend again; and states the readiness of himself and companions to come to headquarters "upon a bare letter." He reiterates his contention that their demand is only to enjoy freedom "according to the law of contract between you and us"; freedom to till the common land, not to trespass upon any enclosures. He continues:

"We desire that your Lawyers may consider these questions, which we affirm to be truths, and which give good assurance, by the law of the land, that we that are the younger brothers, or common people, have a true right to dig, plow up and dwell upon the Commons, as we have declared."

QUESTIONS TO THE LAWYERS.

"1. Did not William the Conqueror dispossess the English, and thus cause them to be servants to him?

"2. Was not King Charles the direct successor of William the First?

"3. Whether Lords of the Manor were not the successors of the chief officers of William the First, holding their rights to the Commons by the power of the sword?

"4. Whether Lords of the Manor have not lost their royalty to the common land by the recent victories?

"5. Whether any laws since the coming in of kings have been made in the light of the righteous law of our Creation, respecting all alike, or have not been grounded upon selfish principles in fear or flattery of their king, to uphold freedom in the gentry and clergy, and to hold the common people under bondage still, and so respecting persons?

"6. Whether all laws that are not grounded upon equity and reason, not giving an universal freedom to all, but respecting persons, ought not to be cut off with the king's head? We affirm they ought. If all laws be grounded upon equity and reason, then the whole land of England is to be a Common Treasury to everyone born in the Land.

"7. Whether everyone without exception, by the Law of Contract, ought not to have liberty to enjoy the earth for his livelihood, and to settle his dwelling in any part of the Commons of England, without buying or renting land of any, seeing that everyone by agreement and covenant among themselves have paid taxes, given free-quarter, and adventured their lives to recover England out of bondage? We affirm they ought.[103:1]

"8. Whether the laws that were made in the days of the king do give freedom to any but the gentry and clergy?"

Winstanley then puts a string of similar questions to Public Preachers, "that say they preach the Righteous Law," from which, however, we need only quote the following:

"QUESTIONS TO PUBLIC PREACHERS.

"First we demand, Yea or No, Whether the Earth, with her fruits, was made to be bought and sold from one to another; And whether one part of mankind was made to be a Lord of the Land, and another part a servant, by the Law of Creation before the Fall?

"I affirm (and I challenge you to disprove) that the Earth was made to be a Common Treasury of Livelihood for all, without respect of persons, and was not made to be bought and sold.... And this being a truth, as it is, then none ought to be Lords and Land Lords over another, but the Earth is free to every son and daughter of mankind to live upon."

And the letter concludes with the following eloquent and heart-stirring words:

"Thus I have declared to you and to all the world what that Power of Life is that is in me; and knowing that the Spirit of Righteousness doth appear to many in this Land, I desire all of you seriously, in love and humility, to consider of this business of Public Community, which I am carried forth in the Power of Love and clear light of Universal Righteousness to advance as much as I can; and I can do no other, the Law of Love in my heart does so constrain me; by reason whereof I am called fool and madman, and have many slanderous reports cast upon me, and meet with much fury from some covetous people; under all of which my spirit is made patient and is guarded with joy and peace. I hate none, I love all, I delight to see everyone live comfortably, I would have none live in poverty, straits and sorrows; therefore if you find any selfishness in this work, or discover anything that is destructive of the whole Creation [Mankind], that you would open your hearts as freely to me, in declaring my weakness to me, as I have been open-hearted in declaring that which I find and feel much life and strength in. But if you see Righteousness in it, and that it holds forth the strength of Universal Love to all, without respect to persons, so that our Creator is honored in the work of His hand, then own it and justify it, and let the Power of Love have his freedom and glory."

In his interview with the Diggers, Lord Fairfax had expressed his intention to leave them to "the Gentlemen of the County and the Law of the Land." The former soon put the latter in motion, and on July 11th, 1649, the day before Cromwell set out with much pomp and ceremony for his notorious expedition to Ireland, Winstanley, under circumstances that will presently be revealed, found himself compelled to address an eloquent appeal for protection to the House of Commons, long extracts from which we feel impelled to place before our readers. It appeared in pamphlet form with the following title-page:

"AN APPEAL TO THE HOUSE OF COMMONS:[105:1]

Desiring their answer whether the Common People shall have the quiet enjoyment of the Commons and Waste Land; or whether they shall be under the will of Lords of Manors still. Occasioned by an Arrest made by Thomas Lord Wenman, Ralph Verney Knight, and Richard Winwood Esq. upon the Author hereof, for a Trespass in Digging upon the Common Land at Georges Hill in Surrey.

BY GERRARD WINSTANLEY, JOHN BARKER AND THOMAS STAR.

In the name of all the poor oppressed in the Land of England.

Unrighteous oppression kindles a flame, but love, righteousness and tenderness of heart quenches it again."

With more than his usual directness, Winstanley at once states the subject of his appeal in the following manner:

"SIRS,—The cause of this our presentment before you is, an Appeal to you desiring you to demonstrate to us, and the whole Land, the equity or non-equity of our cause. And that you would either cast us by just reason under the feet of those we call Task Masters, or Lords of Manors, or else to deliver us out of their tyrannical hands: In whose hands by way of Arrest we are for the present, for a Trespass to them, as they say, in digging upon the Common Land. The settling whereof according to Equity and Reason will quiet the minds of the oppressed people; it will be a keeping of our National Covenant; it will be a peace to yourselves, and make England the most flourishing and strongest Land in the world, and the first of Nations that shall begin to give up their Crown and Scepter, their dominion and government, into the hands of Jesus Christ.[106:1]

"The cause is this, we amongst others of the common people, that have ever been friends to the Parliament, as we are assured our enemies will witness to it, have ploughed and digged upon Georges Hill in Surrey, to sow corn for the succour of man, offering no offence to any, but do carry ourselves in love and peace towards all, having no intent to meddle with any man's enclosures or property till it be freely given to us by themselves, but only to improve the Commons and waste lands to our best advantage, for the relief of ourselves and others, being moved thereunto by the reason hereafter following, not expecting any to be much offended, in regard the cause is so just and upright.

"Yet notwithstanding, there be three men (called by the people Lords of Manors), viz., Thomas Lord Wenman, Ralph Verney Knight, and Richard Winwood Esq., have arrested us for a trespass in digging upon the Commons, and upon the arrest we made our appearance in Kingstone Court, where we understood we were arrested for meddling with other men's rights; and, secondly, they were encouraged to arrest us upon your Act of Parliament (as they tell us) to maintain the old laws. We desired to plead our own cause, the Court denied us, and to fee a lawyer we cannot, for divers reasons, as we may show hereafter.

"Now, Sirs, our case is this, for we appeal to you, for you are the only men that we are to deal withal in this business: Whether the common people, after all their taxes, free-quarter and loss of blood to recover England from under the Norman yoke, shall have the freedom to improve the Commons and Waste Lands free to themselves, as freely their own as the Enclosures are the propriety of the elder brothers? Or whether the Lords of Manors shall have them, according to their old custom, from the King's will and grant, and so remain Task Masters still over us, which was the people's slavery under conquest?

"We have made our appeal to you to settle this matter in the Equity and Reason of it, and to pass the sentence of freedom to us, you being the men with whom we have to do in this business, in whose hands there is power to settle it, for no Court can end this controversy but your Court of Parliament, as the case of this Nation now stands."

After emphasising his fundamental contention that in Equity and by the Law of Righteousness all should have the freedom of the Earth granted unto them, he summarises the causes that have conspired to place the Members of the House of Commons in power, as follows:

"You of the Gentry, as well as we of the Commonalty, all groaned under the burden of the bad government and burdening laws of the late King Charles, who was the last successor of William the Conqueror. You and we cried for a Parliament, and a Parliament was called, and wars, you know, presently began between the king that represented William the Conqueror and the body of the English people that were enslaved. We looked upon you to be our Chief Council to agitate business for us, though you were summonsed by the king's writ, and choosen by the Freeholders, who are the successors of William the Conqueror's soldiers. You saw the danger so great that without a war England was likely to be more enslaved, therefore you called upon us to assist you with plate, taxes, free-quarter and our persons: and you promised us, in the name of the Almighty, to make us a Free People. Thereupon you and we took the National Covenant with joint consent, to endeavour the freedom, peace, and safety of the people of England. And you and we joined person and purse together in the common cause, and Will. the Conqueror's successor, which was Charles, was cast out; thereby we have recovered ourselves from under that Norman yoke. And now unless you and we be merely besotted with covetousness, pride and slavish fear of men, it is and will be our wisdom to cast out all those enslaving laws which was the tyrannical power the king pressed us down by.[108:1] O shut not your eyes against the light; darken not knowledge by dispute about particular men's privileges, when Universal Freedom is brought to be tried before you; dispute no further when truth appears, but be silent and practice it. Stop not your ears against the secret moanings of the oppressed, under these expressions, lest the Lord see it and be offended, and shut His eyes against your cries, and work a deliverance for His waiting people some other way than by you."

He then summarises the prevailing ills, and indicates their manifest and immediate duty, as follows:

"The main thing that you should look upon is the Land, which calls upon her children to be free from the entanglements of the Norman Taskmasters. For one third part lies waste and barren, and her children starve for want, in regard the Lords of Manors will not suffer the poor to manure it.... The power is in your hands, the Nations Representative, O let the first thing you do be this, to set the land free. Let the Gentry have their enclosures free from all enslaving entanglements whatsoever, and let the Common People have the Commons and Waste Lands set free to them from all Norman enslaving Lords of Manors. That so both Elder and Younger Brother, as we spring successively one from another, may live free and quiet one by and with another in this Land of our Nativity." "This thing," he then boldly declares, "you are bound to see done, or at least to endeavour it, before another Representative force you; otherwise you cannot discharge your trust to God and man." And the Appeal concludes with the following words: "Set the Land free from oppression, and righteousness will be the Laws, Government, and Strength of that People."

The Long Parliament, however, were too busy carrying English civilisation into Ireland to heed his words. And yet surely there was work enough for them to do in their own country, in which, as we have already pointed out, since the reign of Henry the Seventh the condition of the masses of the people had steadily worsened, and, as a natural consequence, the number of beggars, "rogues and vagrants," despite barbarous laws, involving their wholesale hanging, had steadily increased. During the reign of James the First, in a pamphlet entitled Grievous Groans of the Poor, published 1622, we hear the complaint that "the number of the poor do daily increase." The only remedy the then wise men of England could devise was to make the laws against them still more severe. Consequently it was ordered that the first time such people were apprehended they should be branded with the letter R, and if subsequently again found begging or wandering they were "to suffer death without benefit of Clergy." Yet such was their obstinacy that they still increased in numbers; and that for the simple reason that the economic or social causes of which they were but the inevitable outcome were not removed.

During all this period, however, the country was developing, its industry and commerce expanding, and its wealth increasing by leaps and bounds; but in all this the "meaner sort," the Younger Brothers, the disinherited masses, had neither lot nor share. Though Clarendon may speak of the growing economical prosperity of the country during the time of which we are writing, yet there be no doubt of the truth of Thorold Rogers' contention, that[109:1]—"I am convinced from the comparison I have been able to make between wages, rents and prices, that it was a period of excessive misery among the mass of the people and the tenants, a time in which a few might have become rich, while the many were crushed down into hopeless and almost permanent indigence." And yet the facts are such as to compel him, when speaking of the Restoration, to point out that[110:1]—"the labourers, as far as the will went, were better off under the rule of the Saints than under that of the sinners."

The English land-system, as we know it to-day, really began with the Restoration, when the very memory of Winstanley and his doctrines was swept away, when the men of the Model Army found themselves powerless, while "the great and wise men" of the nation "set up Monarchy again," humbly prostrating themselves at the feet of a licentious, cynical debauchee, and the Landocracy, new and old, found themselves in the saddle with far greater political power than they had ever before enjoyed. They soon found means of fastening their yoke more firmly than ever on the necks of the people, and of making short work of any claims of an independent yeomanry to any right to the soil of their native country apart from their good-will and pleasure. After some effort, they passed a Statute under which the estates of such of the free-holders as had no documentary evidence by which to support their titles, were confiscated and turned into tenancies at will. By means of Enclosure Acts they still further plundered and impoverished the peasantry, by appropriating to themselves millions of acres of land over which these still had some right, some enjoyment. By means of the Law of Parochial Settlement, as Thorold Rogers repeatedly points out,[110:2] they "consummated the degradation of the labourer"; and made him, as it has left him, what the same impartial authority well terms "the most portentous phenomenon in agriculture, a serf without land." By means of their Financial Policy they rid themselves of the duties which originally accompanied the privilege of land-holding, viz. to provide the necessary public revenues for all defence purposes, and converted themselves from Land Holders into Land Owners, by shifting the burden of taxation to the food, industry, and handicraft of those they had despoiled and disinherited. And, finally, for the first time in the history of England, they passed a Corn Law artificially to increase their rents, at the cost and to the detriment, often to the starvation, of the masses of the people. From the effect of these laws the people of Great Britain have not yet been able entirely to recover themselves, though since 1824 they have made heroic steps to do so. With this portion of the history, we had almost written of the martyrdom, of the English people we are not here directly concerned. Manifestly it would have been very different had the Long Parliament listened to Winstanley's appeal, or had his self-sacrificing efforts been crowned with the success they so well deserved.

FOOTNOTES:

[100:1] Thomasson's Tracts. British Museum, Press Mark, E. 560 (1). Reprinted in the Harleian Miscellany, vol. ii. p. 485.

[103:1] Others, in far more influential positions than Winstanley and his comrades, gave forcible expression to much the same views. In the debates of the Army Council on the Agreement of the People, on November 1647, Edward Sexby, the Agitator or Representative of the private soldiers, an able, daring, and energetic man, replying to Ireton, on the question of the right to vote, said: "We have engaged in this kingdom and ventured our lives, and it was all for this: to recover our birthrights and privileges as Englishmen; and by the arguments urged, there are none. There are many thousands of us soldiers that have ventured our lives, we have had little propriety in the kingdom as to our estates, yet we have had a birthright. But it seems now that except a man hath a fixed estate in this kingdom, he hath no right in this kingdom. I wonder we were so deceived. If we had not a right to the kingdom, we were mere mercenary soldiers. There are men in my position, it may be little estate they have at present, and yet they have as much a birthright as those two who are their law-givers, or as any in this place." During the same debate Colonel Rainborrow said: "I think that the poorest he that is in England hath a life to live as the greatest he." And, also in reply to Ireton, he subsequently declared: "Sir, I see that it is impossible to have liberty but all property must be taken away.... If you will say it, it must be so. But I would fain know what the soldier hath fought for all this while? He hath fought to enslave himself, to give power to men of riches, to men of estate, and to make himself a perpetual slave."—See Clarke Papers, vol. i. pp. 322-323, 325.

[105:1] King's Pamphlets. British Museum, Press Mark, E. 564. Also at the Guildhall Library. The Ralph Verney mentioned is the hero of The Verney Memoirs: there is, however, no mention of this incident therein.

[106:1] This argument would scarcely have appealed to Ireton, who during the debate of the Army Council frankly declared that in his opinion—"It was not the business of Jesus Christ, when he came into the world, to create Kingdoms of the World, and Magistracies and Monarchies, or to give the rule of them, positive or negative."—See Clarke Papers, vol. ii. p. 101.

[108:1] Colonel Rainborrow, who with Sexby and Wildman represented on the Army Council the private soldiers of the Model Army, during the debate on the right of voting, gave expression to the view that some fundamental changes in the laws of the Land were both necessary and justifiable, in the following words: "I hear it said, 'It's a huge alteration it's a bringing in of new laws.' ... If writings be true, there hath been many scuttlings between the honest men of England and those that have tyrannised over them. And if what I have read be true, there is none of those just and equitable laws that the people of England are born to, but were once intrenchments [but were once innovations]. But if they [the existing laws] were those which the people have been always under, if the people find that they are not suitable to freeman, I know no reason that should deter me, either in what I must answer before God or the world, from endeavouring by all means to gain anything that might be of more advantage to them than the government under which they live."—Clarke Papers, vol. i. p. 247.

[109:1] Economic Interpretation of History, p. 138.

[110:1] Economic Interpretation of History, p. 241.

[110:2] Six Centuries of Work and Wages, pp. 432-433.



CHAPTER XI

A WATCHWORD TO THE CITY OF LONDON, ETC.

"All men have stood for Freedom; thou hast kept fasting-days and prayed in the morning exercises for Freedom; thou hast given thanks for victories because hopes of Freedom; plenty of Petitions and Promises thereupon have been made for Freedom. But now the common enemy is gone, you are all like men in a mist seeking for Freedom, but know not where nor what it is.... Assure yourselves, if you pitch not now upon the right point of Freedom in action, as your Covenant hath it in words, you will wrap up your children in greater slavery than ever you were in."—WINSTANLEY, A Watchword to the City of London.

The House of Commons, as we have seen, took no notice of Winstanley's dignified appeal, hence, within a week of its publication in pamphlet form, Winstanley, on August 26th, 1649, addressed himself to the City of London, at that time the stronghold of advanced political and religious thought. The pamphlet, which is one of the most interesting he ever wrote, appeared the following month: the title-page reads as follows:

"A WATCHWORD TO THE CITY OF LONDON AND THE ARMY:[112:1]

Wherein you may see that England's Freedom, which should be the result of all our Victories, is sinking deeper under the Norman Power, as appears by this Relation of the unrighteous proceedings of Kingston Court against some of the Diggers at George Hill, under colour of law; but yet thereby the cause of the Diggers is more brightened and strengthened, so that every one singly may truly say what his Freedom is and where it lies.

BY JERRARD WINSTANLEY.

When these clay bodies are in grave, and children stand in place, This shows we stood for truth and peace and freedom in our days; And true-born sons we shall appear of England that's our Mother, No Priests nor Lawyers wiles t'embrace, their slavery we'll discover."

This pamphlet, too, commences with a Dedicatory Letter, which opens as follows:

"TO THE CITY OF LONDON,—Freedom and Peace desired,—{6}Thou City of London, I am one of thy sons by freedom, and I do truly love thy peace. While I had an estate in thee, I was free to offer my Mite into thy Public Treasury, Guildhall, for a preservation to thee and to the whole Land. But by thy cheating sons in the thieving art of buying and selling, and by the burdens of and for the soldiery in the beginning of the War, I was beaten out of both estate and trade, and forced to accept of the good-will of friends, crediting of me, to live a Country life. There likewise by the burthen of Taxes and much Free Quarter my weak back found the burthen heavier than I could bear. Yet in all the passages of these eight years troubles, I have been willing to lay out what my talent was, to procure England's peace inward and outward; and yet all along I have found such as in words have professed the same cause to be enemies to me."

It then briefly summarises Winstanley's past actions, as well as the causes that inspired them, and the position in which he finds himself in consequence thereof, as follows:

"Not a full year since, being quiet at my work, my heart was filled with sweet thoughts, and many things were revealed to me which I never read in books, nor heard from the mouth of any flesh. When I began to speak of them some people could not bear my words. Amongst these revelations this was one, That the Earth shall be made a Common Treasury of Livelihood to whole mankind without respect of persons.

"And I had a voice within me that bade me declare it by word all abroad, which I did obey, for I declared it by word of mouth wheresoever I came. Then I was made to write a little book called the New Law of Righteousness, and therein I declared it. Yet my mind was not at rest, because nothing was acted; and thoughts ran in me that words and writings were all nothing and must die; for action is the life of all, and if thou dost not act, thou dost nothing.

"Within a little time I was made obedient to the word in that particular likewise. For I took my spade and went and broke the ground upon George Hill in Surrey, thereby declaring Freedom to the Creation, and that the Earth must be set free from entanglement of Lords and Land Lords, and that it shall become a Common Treasury to all, as it was first made and given to the sons of men.

"For which doing ... the old Norman Prerogative Lord of that Manor caused me to be arrested for a trespass against him in digging upon that barren Heath. And the unrighteous proceedings of Kingston Court I have declared to thee and to the whole Land that you may consider the case England is in."

The Dedicatory Letter concludes as follows:

"I have declared this truth to the Army and Parliament, and now I have declared it to thee likewise, that none of you that are the fleshy strength of this Land may be left without excuse: for now you have been all spoken to. And because I have obeyed the voice of the Lord in this thing, therefore do the Freeholders and Lords of Manors seek to oppress me in the outward livelihood of the world, but I am in peace. And London, nay England, look to thy Freedom. I assure you thou art very near to be cheated of it, and if thou lose it now after all thy boasting, truly thy posterity will curse thee for thy unfaithfulness to them. Everyone talks of Freedom, but there are but few that act for Freedom, and the actors for Freedom are oppressed by the talkers and verbal professors of Freedom. If thou wouldst know what true Freedom is, read over this and other of my writings, and thou shalt see it lies in the Community in Spirit and Community in the Earthly Treasury; and this is Christ, the true manchild, spread abroad in the Creation, restoring all things unto himself. And so I leave thee, Being a free Denizon of thee, and a true lover of thy peace.

JERRARD WINSTANLEY. "August 26th, 1649."

The pamphlet commences with a short and business-like account of the proceedings at Kingston Court, as follows:

"Whereas we, Henry Bickerstaffe, Thomas Star and Jerrard Winstanley, were arrested into Kingston Court by Thomas Wenman, Ralph Verney, and Richard Winwood, for a trespass in digging upon George Hill in Surrey, being the right of Mr. Drake, Lord of that Manor, as they say, we all three did appear the first Court-day of our arrest, and demanded of the Court, What was laid to our charge? and to give answer thereunto ourselves. But the answer of your Court was this, that you would not tell us what the trespass was, unless we would fee an Attorney to speak for us. We told them we were to plead our own cause, for we knew no Lawyer that we could trust with this business. We desired a copy of the Declaration, and profered to pay for it, but still you denied us unless we would fee an Attorney. But in conclusion the Recorder of your Court told us that the cause was not entered. We appeared two Court-days after this, and desired to see the Declaration, and still you denied us unless we would fee an Attorney, so greedy are these Attornies after money, more than to justify a righteous cause. We told them that we could not fee any unless we would wilfully break our National Covenant, which both Parliament and People have taken jointly together to effect a Reformation. And unless we would be professed Traitors to the Nation and Common-wealth of England, by upholding the old Norman tyrannical and destructive Laws, when they are to be cast out of equity, and reason to be the Moderator.

"Then seeing that you would not suffer us to speak, one of us brought the following writing into Court, that you might read our answer. Because we would acknowledge all righteous proceedings in Law, though some slander us and say we deny all Law, because we deny the corruption of Law, and endeavour a Reformation in our place and calling, according to that National Covenant. And we know if your Laws were built upon equity and reason, you ought both to have heard us speak, and to have read our answer. For that is no righteous Law, whereby to keep a Common-wealth in peace, when one sort shall be suffered to speak and not another, as you deal with us, to pass sentence and execution upon us, before both sides be heard to speak. This principle in the forehead of your Laws foretells destruction to this Common-wealth. For it declares that the Laws that follow such refusal are selfish and thievish and full of murder, protecting all that get money by their Laws, and crushing all others.

"The writer hereof does require Mr. Drake, and he is a Parliament man, therefore a man counted able to speak rationally, to plead this cause of digging with me.[115:1] And if he show a just and rational title that Lords of Manors have to the Commons, and that they have a just power from God to call it their right, shutting out others, then I will write as much against it as ever I wrote for this cause. [A heavy forfeit, truly!] But if I show by the Law of Righteousness that the poorest man hath as good a title and just right to the Land as the richest man, and that undeniably the Earth ought to be a Common Treasury of Livelihood for all without respecting persons; then I shall require no more of Mr. Drake but that he would justify our cause of digging, and declare abroad that the Commons ought to be free to all sorts, and that it is a great trespass before the Lord God Almighty for one to hinder another of his liberty to dig the earth, that he might feed and clothe himself with the fruits of his labor thereupon freely, without owning any Land Lord or paying any Rent to any person of his own kind."

After this perfectly safe challenge, he continues:

"I sent this following answer to the Arrest in writing into Kingston Court:

"In four passages your Court hath gone contrary to the righteousness of your own Statute Laws. For, First, it is mentioned in 36 Edward III. 15 that no Process, Warrant or Arrest should be served till after the cause was recorded and entered. But your Bailiff either could not or would not tell us the cause when he arrested us, and Mr. Rogers, your Recorder, told us the first Court-day we appeared that our cause was not entered.

"Secondly, We appeared two other Court-days, and desired a copy of the Declaration, and profered to pay for it, and you denied us. This is contrary to equity and reason, which is the foundation your Laws are or should be built upon, if you would have England to be a Common-wealth, and stand in peace.

"Thirdly, We desired to plead our own cause, and you denied us, but told us we must fee an Attorney to speak for us, or else you would mark us in default for not appearance. This is contrary to your own Laws likewise, for in 28 Edward I. chapter ii. there is freedom given to a man to speak for himself, or else he may choose his father, friend or neighbour to speak for him, without the help of any other Lawyer.

"Fourthly, You have granted a judgement against us, and are proceeding to an execution, and this is contrary likewise to your own laws, which say that no plaint ought to be received or judgement passed, till the cause be heard, and witnesses present, to testify the plaint to be true, as Sir Edward Coke, 2nd part of Institutes upon the 29 chap. of Magna Charta, fol. 51-53. The Mirror of Justice."

Then, as if ashamed of appealing to mere conventional man-made Laws, he at once acknowledges what he and his comrades have done, and justifies their action in the following dignified words:

"But that all men may see that we are neither ashamed nor afraid to justify that cause we are arrested for, neither to refuse to answer to it in a righteous way, therefore we have here delivered this up in writing, and we leave it in your hands, disavowing the proceedings of your Court, because you uphold prerogative oppression, though the kingly office be taken away, and the Parliament hath declared England a Common-wealth, so that prerogative cannot be in force, unless you be besotted by your covetousness and envy.

"We deny that we have trespassed against those three men, or Mr. Drake either, or that we should trespass against any, if we should dig up and plough for a livelihood upon any of the waste land in England. For thereby we break no particular Law made by any Act of Parliament, but only an ancient custom bred in the strength of kingly prerogative, which is that old Law or Custom by which Lords of Manors lay claim to the Commons, which is of no force now to bind the people of England, since the kingly power and office was cast out. And the Common People who have cast out the oppressor, by their purse and person, have not authorised any as yet to give away from them their purchased freedom; and if any assume a power to give away or withhold this purchased freedom, they are Traitors to this Common-wealth of England; and if they imprison, oppress, or put to death any for standing to maintain this purchased freedom, they are murderers and thieves, and no just rulers.

"Therefore in the light of Reason and Equity, and in the light of the National Covenant which Parliament and People have taken with joint consent, all such prerogative customs, which by experience we have found to burden the Nation, ought to be cast out with the kingly office, and the Land of England now ought to be a Free Land and a Common Treasury to all her children, otherwise it cannot properly be called a Common-wealth."

He then continues:

"Therefore we justify our act of digging upon that Hill to make the Earth a Common Treasury. First, because the Earth was made by Almighty God to be a Common Treasury of Livelihood to the whole of mankind in all its branches, without respect of persons.... Secondly, because all sorts of people have lent assistance of purse and person to cast out the kingly order as being a burden that England groaned under. Therefore those from whom money and blood were received, ought to obtain freedom in the Land to themselves and posterity, by the Law of Contract between Parliament and People. But all sorts, poor as well as rich, Tenant as well as Land Lord, have paid taxes, free-quarter, excise, or adventured their lives to cast out the kingly office. Therefore all sorts of people ought to have freedom in this the Land of their Nativity, without respecting persons, now that kingly power is cast out by their joint assistance.... Therefore, in that we do dig upon that Hill, we do not thereby take away other men's rights, nor demand of this Court, nor from the Parliament, what is theirs and not ours. But we demand our own to be set free to us, and to them, out of the tyrannical oppression of ancient customs of kingly prerogative; and let us have no more gods to rule over us, but the King of Righteousness only.

"Therefore, as the Freeholders claim a quietness and freedom in their enclosures, as it is fit they should have, so we that are younger brothers, or the poor oppressed, we claim our freedom in the Commons; that so elder and younger brother may live quietly and in peace, together freed from the straits of poverty and oppression in this Land of our Nativity."

His written address to the Court at Kingston concludes as follows:

"Thus we have in writing declared in effect what we should say, if we had liberty to speak before you, declaring withal that your Court cannot end this controversy in that equity and reason of it which we stand to maintain. Therefore we have appealed to the Parliament, who have received our Appeal and promised an answer, and we wait for it. And we leave this with you, and let Reason and Righteousness be our Judge. Therefore we hope you will do nothing rashly, but seriously consider of this cause before you proceed to execution upon us."

Of course, the Court paid no heed to his pleadings, and he details the subsequent proceedings in the following business-like manner:

"Well, this same writing was delivered into their Court, but they cast it out again, and would not read it, and all because I would not fee an Attorney. And then the Court-day following, before there was any trial of our cause, for there was none suffered to speak but the Plaintiff, they passed a judgement, and after that an execution. Now their Jury was made of rich Freeholders, and such as stand strongly for the Norman power. And though our digging upon that barren Common hath done the Common good, yet this Jury brings in damages of L10 a man, and the charges of the Plaintiff in their Court, twenty-nine shillings and a penny: and this was their sentence and the passing of the execution upon us."

Winstanley then mentions one instance descriptive of the way he and his comrades were "boycotted" by his neighbours, and of the men responsible therefor. He says:

"Before the report of our digging was much known, I bought three acres of grass from a Lord of the Manor, whom I will not here name because I know the counsel of others made him prove false to me. For when the time came to mow, I brought money to pay him beforehand, but he answered me that I should not have it, and sold it to another before my face. This was because his Parish Priest and the Surrey Ministers have bid the people neither to buy nor to sell us, but to beat us, imprison us, or to banish us."

He then relates that two days later "they sent to execute the execution, and they put Harry Bickerstaffe in prison, but after three days Mr. Drake released him again, Bickerstaffe not knowing of it till the release came. They seek after Thomas Star to imprison his body, who is a poor man, not worth ten pounds." He continues:

"Then they came privately by day to Gerrard Winstanley's house and drove away four cows, I not knowing of it. They took away the cows which were my livelihood, and beat them with their clubs that the cows' heads and sides did swell, which grieved tender hearts to see. And yet," he pathetically but somewhat humourously adds, "these cows never were upon George Hill, nor never digged upon that ground, and yet the poor beasts must suffer because they gave milk to feed me. But strangers made rescue of those cows, and drove them astray out of the Bailiffs' hands, so that the Bailiffs lost them. But before the Bailiffs had lost the cows, I, hearing of it, went to them and said—'Here is my body, take me, that I may speak to those Normans that have stolen our land from us; and let the cows go, for they are none of mine.' After some time, they telling me they had nothing against my body, it was my goods they were to have. Then said I, 'Take my goods, for the cows are not mine.'"

Here follows one of the most touching passages to which Winstanley ever set pen:

"And so I went away and left them, being quiet in my heart, and filled with comfort within myself, that the King of Righteousness would cause this to work for the advancing of His own cause, which I prefer above estate and livelihood. Saying within my heart as I went along, that if I could not get meat to eat, I would feed upon bread, milk and cheese. And if they take the cows, and I cannot feed on this, or hereby make a breach between me and him that owns the cows, then I'll feed upon bread and beer, till the King of Righteousness clears up my innocency and the justice of His own cause. And if this be taken from me for maintaining His cause, then I'll stand still and see what He will do with me; for as yet I know not.

"Saying likewise within my heart as I was walking along—O thou King of Righteousness, show thy power and do thy work thyself, and free thy people now from under this heavy bondage of misery. And the answer in my heart was satisfactory, and full of sweet joy and peace: and so I said, Father, do what thou wilt, for this cause is thine, and thou knowest that the love to righteousness makes me do what I do."

He then continues:

"I was made to appeal to the Father of Life in the speakings of my heart likewise thus—Father, thou knowst that what I have writ or spoken concerning this light, that the Earth should be restored and become a Common Treasury for all mankind, without respect of persons, was thy free revelation to me, I never read it in any book, I heard it from no mouth of flesh, till I understood it from thy teaching first within me. I did not study nor imagine the conceit of it; self-love to my own particular body does not carry me along in the managing of this business; but the power of love flowing forth to the liberty and peace of thy whole Creation, to enemies as well as to friends: nay, towards those who oppress me, endeavouring to make me a beggar to them. And since I did obey thy voice, to speak and act this truth, I am hated, reproached and oppressed on every side. Such as make professions of thee, yet revile me. And though they see I cannot fight with fleshy weapons, yet they will strive with me by that power. And so I see, Father, that England yet doth choose rather to fight with the Sword of Iron and Covetousness than with the Sword of the Spirit, which is Love. And what thy purpose is with this Land or with my body, I know not, but establish thy power in me, and then do what pleases thee.

"These and such like sweet thoughts dwelt in my heart as I went along; and I feel myself now like a man in a storm, standing under shelter upon a hill in peace, waiting till the storm be over to see the end of it, and of many other things that my eye is fixed upon."

The pamphlet concludes as follows:

"You have arrested us for digging upon the common land, you have executed your unrighteous power, in destraining cattle, imprisoning our bodies, and yet our cause was never publicly heard, neither can it be proved that we broke any Law that is built upon equity and reason. Therefore we wonder whence you had your power to rule over us by will, more than we to rule over you by our will.... We request that you would let us have a fair open trial.... let your Ministers plead with us in the Scriptures, and let your Lawyers plead with us as to the equity and reason of your own Law. And if you prove us transgressors, then we shall lay down our work and acknowledge that we have trespassed against you in digging upon the Commons, and then punish us. But if we prove by Scripture and Reason that undeniably the Land belongs to one as well as another, then you shall own our work, justify our cause, and declare that you have done wrong to Christ, who you say is your Lord and Master, in abusing us His servants and your fellow-creatures, while we are doing His work. Therefore, knowing you to be men of moderation in outward show, I desire that your actions towards your fellow-creatures may not be like one beast to another, but carry yourselves like man to man, for your proceeding in your pretence of Law hitherto against us is both unrighteous, beastly, and devilish, and nothing of the spirit of man seen in it. You Attornies and Lawyers, you say you are Ministers of Justice, and we know that equity and reason is or ought to be the foundation of Law. If so, then plead not for money altogether, but stand for Universal Justice and Equity: then you will have peace; otherwise both you and the corrupt Clergy will be cast out as unsavoury salt."

As will have been seen from the above, and as we shall show more fully later on, the little company of Diggers were having a rather troublesome time. Within two days of the delivery of their first letter to Lord Fairfax, on June 11th, some of them were grievously assaulted by two of the local freeholders, accompanied by men in women's garments; but, according to their own account, they made no attempt to defend themselves.[122:1] In November of the same year the agitation against their doings was revived, or became more acute, and early in December they found themselves compelled again to appeal to Lord Fairfax for protection.[122:2] After having recapitulated their main arguments, this letter continues:

"Now, Sirs, divers repulses we have had from some of the Lords of Manors and their servants, with whom we are patient and loving, not doubting but at last they will grant liberty quietly to live by them. And though your tenderness hath moved us to be requesting your protection against them, yet we have forborne, and rather waited upon God with patience till he quell their unruly spirits.... In regard likewise the soldiers did not molest us, for that you told us when some of us were before you, that you had given command to your soldiers not to meddle with us, but resolved to leave us to the Gentlemen of the County and to the Law of the Land to deal with us, which we were satisfied with, and for this half-year past your soldiers have not meddled with us.

"But now, Sirs, this last week, upon the 28th of November, there came a party of soldiers commanded by a Cornet, and some of them of your own regiment, and by their threatening words forced three labouring men to help them to pull down our two houses, and carried away the wood in a cart to a Gentleman's house, who hath been a Cavalier all our time of war, and cast two or three old people out who lived in those houses to lie in the open fields this cold weather (an act more becoming Turks to deal with Christians than for one Christian to deal with another). But if you inquire into the business you will find that the Gentlemen who set the soldiers on are enemies to you, for some of the chief had hands in the Kentish rising against the Parliament, and we know, and you will find it true if you trust them so far, that they love you but from the teeth outward.

"Therefore our request to you is this, that you would call your soldiers to account for attempting to abuse us without your commission, that the Country may know that you had no hand in such an unrighteous and cruel act. Likewise we desire that you would continue your former kindness and promise to give commission to your soldiers not to meddle with us without your order."

As we shall presently see, nothing more discouraged the little company of Diggers than the assistance given to their enemies by the soldiery. Lord Fairfax, however, had no free hand in this matter; the Council of State had again received information of what was termed "a tumultuous meeting at Cobham," which the ordinary power at the disposal of the local Justices of the Peace "was not sufficient to disperse," and had consequently sent Lord Fairfax definite instructions to send "such horse as you may think fit to march to that place."[124:1] This information had evidently come to Winstanley's knowledge. He had not signed the foregoing letter, so felt himself at liberty to supplement it by another and more forcible one, which opens as follows:

"WINSTANLEY'S SECOND LETTER TO LORD FAIRFAX.[124:2]

"TO MY LORD GENERAL AND HIS COUNCIL OF WAR.

"SIR,—I understand that Mr. Parson Platt with some other gentlemen have made report to you and the Council of State that we that are called Diggers are a riotous people, and that we will not be ruled by the Justices, and that we hold a man's house by violence from him, and that we have four guns in it to secure ourselves, and that we are drunkards, and Cavaliers waiting an opportunity to bring in the Prince, and such like. Truly, Sir, these are all untrue reports, and as false as those which Hamaan of old brought against sincere-hearted Mordecai to incense king Ahasuerus against him. The conversation of the Diggers is not such as they report; we are peaceable men and walk in the light of righteousness to the utmost of our power."

He then expounds their aims, and justifies their action in the manner with which our readers will by now be familiar, and continues:

"We know that England cannot be a free Common-wealth, unless all the poor Commoners have a free use and benefit of the land. For if this freedom be not granted, we that are the poor commoners are in a worse case than we were in the King's days; for then we had some estate about us, though we were under oppression, but now our estates are spent to purchase freedom, and we are under oppression still of Lords of Manors tyranny. Therefore unless we that are poor commoners have some part of the land to live upon freely, as well as the Gentry, it cannot be a Common-wealth, neither can the kingly power be removed so long as this kingly power in the hands of Lords of Manors rules over us.

"Now, Sir, if you and the Council will quietly grant us this freedom, which is our own right, and set us free from the kingly power of Lords of Manors, that violently now as in the king's days hold the commons from us (as if we had obtained no conquest at all over the kingly power), then the poor that lie under the great burden of poverty, and are always complaining for want, and their miseries increase because they see no means of relief found out, and therefore cry out continually to you and the Parliament for relief, and to make good your promises, will be quieted.

"We desire no more of you than freedom to work, and to enjoy the benefit of our labors—for here is waste land enough and to spare to supply all our wants. But if you deny this freedom, then in righteousness we must raise collections for the poor out of the estates, and a mass of money will not supply their wants. Many are in want that are ashamed to take collection money, and therefore they are desperate, and would rather rob and steal and disturb the land, and others that are ashamed to beg would do any work for to live, as it is the case of many of our Diggers, who have been good housekeepers. But if this freedom were granted to improve the common lands, then there would be a supply to answer everyone's inquire, and the murmurings of the people against you and the Parliament would cease, and within a few years we should have no beggars nor idle persons in the land.

"Secondly, Hereby England would be enriched with all commodities within itself which they each would afford. And truly this is a stain to Christian religion in England [a stain not yet removed] that we have so much land lie waste and so many starve for want. Further, if this freedom be granted, the whole Land will be united in love and strength, that if a foreign enemy, like an army of rats and mice, come to take our inheritance from us, we shall all rise as one man to defend it.

"Then, lastly, if you will grant the poor commoners this quiet freedom to improve the common land for our livelihood, we shall rejoice in you and the Army in protecting our work, and we and our work will be ready to secure that, and we hope that there will not be any kingly power over us, to rule at will and we to be slaves, as the power has been, but that you will rule in love as Moses and Joshua did the children of Israel before any kingly power came in, and that the Parliament will be as the elders of Israel, chosen freely by the people to advise for and to assist both you and us.

"And thus in the name of the rest of those called Diggers and Commoners through the land, I have in short declared our mind and cause to you in the light of righteousness, which will prove all these reports made against us to be false and destructive to the uniting of England into peace.

"Per me Gerrard Winstanley, for myself and in the behalf of my fellow commoners.

"December the 8th, 1649."

Amongst Winstanley's disciples was one Robert Coster, who appears to have been the poet of the Digger Movement, and the next pamphlet which issued from their camp, on December 18th, some ten days after the date affixed to the above vigorous letter, was from his pen. It is entitled:

"A Mite cast into the Common Treasury:[126:1] Or Queries propounded (for all Men to consider of) by him who desireth to advance the work of Public Community. By Robert Coster."

In it Coster first recapitulates Winstanley's main arguments and contentions, and then shows that he for one fully realised their far-reaching scope, by indicating their probable effects in the following words:

"As, 1. If men would do as aforesaid rather than to go with cap in hand and bended knee to Gentlemen and Farmers, begging and entreating to work with them for 8d. or 10d. a day, which doth give them an occasion to tyrannise over poor people, who are their fellow-creatures; if poor men would not go in such a slavish posture, but do as aforesaid, the rich Farmers would be weary of renting so much land of the Lords of Manors.

"2. If the Lords of Manors and other Gentlemen who covet after so much land, could not let it out by parcels, but must be constrained to keep it in their own hands, then would they want those great bags of money (which do maintain pride, idleness and fullness of bread) which are carried in to them by the Tenants, who go in as slavish a posture as well may be, namely, with cap in hand and bended knee, crouching and creeping from corner to corner, while his Lord (rather Tyrant) walks up and down the room with his proud looks, and with great swelling words questions him about his holding.

"3. If the Lords of Manors and other Gentlemen had not those great bags of money brought to them, then down would fall the lordliness of their spirits, and then poor men might speak to them, and there might be an acknowledging of one another to be Fellow-Creatures.

"For what is the reason that great gentlemen covet after so much land? Is it not because Farmers and others creep to them in a slavish manner, profering them so much money for such and such parcels of it, which doth give them occasion to tyrannise over their Fellow-Creatures, which they call their Inferiors?

"And what is the reason that Farmers and others are so greedy to rent land of the Lords of Manors? Is it not because they expect great gains, and because poor men are so foolish and slavish as to creep to them for employment, although they will not give them money enough to maintain themselves and their families comfortably? All which do give them an occasion to tyrannise over their Fellow-Creatures, which they call their Inferiors.

"All which considered, if poor men which want employment and others which work for little wages would go to dress and improve the Commons and Waste Lands, whether it would not bring down the price of Land, which doth principally cause all things to be dear?"