he course of the Law and Lawyers hath been a mere
snare to entrap the people and to pull their estates from them by
craft. For the Lawyers do uphold the Conqueror's Interest and the
People's Slavery; so that the King, seeing this, did put all the
affairs of Judicature into their hands: and all this must be called
Justice, but it is a sore evil.
"But now if the Laws were few and short, and often read, it would
prevent those evils. Everyone, knowing when they did well and when
ill, would be very cautious of their words and actions, and thus
would escape the Lawyer's craft. As Moses' Law in Israel's
Commonwealth: '_The People did talk of them when they lay down and
when they rose up, and as they walked by the way, and bound them as
bracelets upon their hands_:' so that they were an understanding
people in the Laws wherein their peace did depend. But it is a sign
that England is a blinded and snared generation; their Leaders,
through pride and covetousness, have caused them to err, yea and
perish too, for want of the knowledge of the Laws, which hath the
Power of Life and Death, Freedom and Bondage in its hand. But I
hope better things hereafter."
Winstanley, then, we regret to say, was ambitious enough to attempt to
formulate a whole series of rigid artificial laws, which he evidently
deemed adapted to promote the prosperity and preserve the happiness of
his ideal Commonwealth: laws for the planting of the Earth, for
Navigation, Trade, Marriage, etc. etc. The curious reader will find them
almost in full in Appendix C. Many of them may seem to us unnecessary,
but then we should remember that we have at our command a greater store
of economic knowledge, and more accurate economic reasoning, than were
available to Winstanley. Many of his laws will appear to us
unnecessarily severe; but if we compare them with those prevailing for
many, many years after his time, they will appear, by comparison, both
mild and humane. As it seems to us, Winstanley intended to formulate
suggestions rather than Laws in the accepted sense of the term:
suggestions by following which the Earth could be planted and harvested,
and all handicraft, trade, commerce and industries carried on, and the
fruits of the united labours of all equitably distributed amongst all
according to their needs, without having recourse to "the thieving art
of buying and selling" ei
|