# The Law of Freedom in a Platform/Chapter 3

The original root of magistracy is common preservation, and it rose up first in a private family: for suppose there were but one family in the world, as is conceived, father Adam's family, wherein were many persons:
Therein Adam was the first governor or officer in the earth, because as he was the first father, so he was the most wise in contriving and the most strong for labour, and so the fittest to be the chief governor. For this is the golden rule,
Let the wise help the foolish, and let the strong help the weak. Psa. 35.10, Rom. 15. 1, 2.
But some may say here that Adam was under no law, but his will was a law to him and his household; therefore, from the root from whence magistracy first rose, it is clear-that officers are to be under no law but their own wills, and the people are to be subject thereunto. I answer:
The law of necessity, that the earth should be planted for the common preservation and peace of his household, was the righteous rule and law to Adam, and this law was so clearly written in the hearts of his people that they all consented quietly to any counsel he gave them for that end.
Therefore not Adam's will only, but the will of his people likewise, and the law of common preservation, peace and freedom, was the righteous law that governed both Adam and his household.
But yet observe, that from the father in a family was the first rise of magisterial government, because children wanting experience of their own preservation, therefore such as are experienced are to propound the law of government to them: and therefore from Adam to this day, the law of common preservation is the rule and foundation of true magistracy: and it is the work of all magistrates to help the weak and the foolish.
There are two root[s] from whence laws do spring.
The first root you see is common preservation, when there is a principle in everyone to seek the good of others as himself, without respecting persons: and this is the root of the tree magistracy, and the law of righteousness and peace: and all particular laws found out by experience, necessary to be practised for common preservation, are the boughs and branches of that tree.
And because, among the variety of mankind, ignorance may grow up; therefore this original law is written in the heart of every man, to be his guide or leader: so that if an officer be blinded by covetousness and pride, and that ignorance rule in him, yet an inferior man may tell him where he goes astray; for common preservation and peace is the foundation rule of all government. And therefore if any will preach or practise fundamental truths or doctrine, here you may see where the foundation thereof lies.
The second root is self-preservation: when particular officers seek their own preservation, ease; honour, riches and freedom in the earth, and do respect persons that are in power and riches with them and regard not the peace, freedom and preservation of the weak and foolish among brethren.
And this is the root of the tree tyranny, and the law of unrighteousness; and all particular kingly laws found out by covetous policy to enslave one brother to another, whereby bondage, tears, sorrows and poverty are brought upon many men, are all but the boughs and branches of that tree, tyranny; and such officers as these are fallen from true magistracy, and are no members thereof, but the members of tyranny, who is the devil and Satan.
And indeed this tyranny is the cause of all wars and troubles, and of the removal of the government of the earth oust of one hand into another, so often as it is, in all nations.
For if magistrates had a care to cherish the peace and liberties of the common people, and see them set free from oppression, they might sit in the chair of government and never be disturbed.
But when their sitting is altogether to advance their own interest, and to forget the afflictions of Joseph or their brethren that are under bondage: this is a forerunner of their own downfall, and oftentime proves the plague to the whole land.
Therefore the work of all true magistrates is to maintain the common law, which is the root of right government and preservation and peace to everyone; and to cast out all self-ended principles and interests, which is tyranny and oppression, and which breaks common peace.
For surely the disorderly actings of officers break the peace of the commonwealth more than any men whatsoever.
All officers in a true magistracy of a commonwealth are to be chosen officers.
In the first family, which is the foundation from whence all families sprang, there was the father; he is the first link of the chain magistracy. The necessity of the children that sprang from him doth say,
'Father, do thou teach us how to plant the earth, that we may live, and we will obey'. By this choice they make him not only a father, but a master and ruler. And out of this root springs up all magistrates and officers, to see the law executed and to preserve peace in the earth, by seeing that right government is observed.
For here take notice, that though the children might not speak, yet their weakness and simplicity did speak and chose their father to be their overseer.
So that he who is a true commonwealth's officer is not to step into the place of magistracy by policy or violent force, as all kings and conquerors do; and so become oppressing tyrants, by promoting their self-ended interests or Machiavellian cheats, that they may live in plenty and rule as lords over their brethren.
But a true commonwealth's officer is to be a chosen one, by them who are in necessity and who judge him fit for that work.
And thus a father in a family is a commonwealth's officer, because the necessity of the young children chose him by a joint consent, and not otherwise.
Secondly, in a bigger family called a parish, the body of the people are confused and disordered, because some are wise, some foolish, some subtle and cunning to deceive, others plain-hearted, some strong, some weak, some rash, angry, some mild and quiet-spirited. By reason whereof offences do arise among brethren, and their common peace is broken.
Therefore as necessity hath added a law to limit men's manners, because of transgressions one against another,
So likewise doth the necessity of common peace move the whole body of the parish to choose two, three or more, within that circuit, to be their overseers, to cause the unruly ones, for whom only the law was added, to be subject to the law or rule, that so peace may be preserved among them in the planting of the earth, reaping the fruits, and quiet enjoyment.
Thirdly, in every county, shire or land, wherein the families are increased to a larger commonwealth, the necessity of the people moves them still to choose more overseers and officers to preserve common peace.
And when the people have chosen all officers, to preserve a right order in government of [the] earth among them, then doth the same necessity of common peace move the people to say to their overseers and officers:
'Do you see our laws observed for our preservation and peace, and we will assist and protect you.' And this word 'assist' and 'protect' implies:
The rising up of the people by force of arms to defend their laws and officers against any invasion, rebellion or resistance, yea to beat down the turbulence of any foolish or self-ended spirit that endeavours to break their common peace.
So that all true officers are chosen officers, and when they act to satisfy the necessity of them who chose them, then they are faithful and righteous servants to that commonwealth, and then there is a rejoicing in the city.
But when officers do take the possessions of the earth into their own hands, lifting themselves up thereby to be lords over their masters, the people who chose them, and will not suffer the people to plant the earth and reap the fruits for their livelihood, unless they will hire the land of them or work for day-wages for them, that they may live in ease and plenty and not work:
These officers are fallen from true magistracy of a commonwealth, and they do not act righteously; and because of this, sorrows and tears, poverty and bondages, are known among mankind; and now that city mourns.
And surely if it be carefully looked into, the necessity of the people never chose such officers, but they were either voluntary soldiers or officers chosen by them who ran before they were called; and so by policy and force they sat down in the chair of government, strengthening one sort of people to take the free use of the earth from another sort; and these are sons of bondage, and they act in darkness: by reason whereof the prophet Isaiah cries out, Darkness hath covered the earth, and thick darkness the people; for the leaders of the people have caused them to err: I fear so, O England, etc.
All officers in a commonwealth are to be chosen new ones every year.
When public officers remain long in place of judicature, they will degenerate from the bounds of humility, honesty and tender care of brethren, in regard the heart of man is so subject to be overspread with the clouds of covetousness, pride and vain-glory: for though at the first entrance into places of rule they be of public spirits, seeking the freedom of others as their own; yet continuing long in such a place where honours and greatness is coming in, they become selfish, seeking themselves and not common freedom; as experience proves it true in these days, according to this common proverb,
Great offices in a land and army have changed the disposition of many sweet-spirited men.
And nature tells us that if water stand long, it corrupts; whereas running water keeps sweet and is fit for common use.
Therefore as the necessity of common preservation moves the people to frame a law and to choose officers to see the law obeyed, that they may live in peace:
So doth the same necessity bid the people, and cries aloud in the ears and eyes of England to choose new officers and to remove the old ones, and to choose state-officers every year; and that for these reasons:
First, to prevent their own evils; for when pride and fulness take hold of an officer, his eyes are so blinded therewith that he forgets he is a servant to the commonwealth, and strives to lift up himself high above his brethren, and oftentimes his fall proves very great: witness the fall of oppressing kings, bishops and other state officers.
Secondly, to prevent the creeping in of oppression into the commonwealth again: for when officers grow proud and full, they will maintain their greatness, though it be in the poverty, ruin and hardship of their brethren: witness the practice of kings and their laws, that have crushed the commoners of England a long time.
And have we not experience in these days that some officers of the commonwealth are grown so mossy for want of removing that they will hardly speak to an old acquaintance, if he be an inferior man, though they were very familiar before these wars began? Etc.
And what hath occasioned this distance among friends and brethren but long continuance in places of honour, greatness and riches?
Thirdly, let officers be chosen new every year in love to our posterity; for if burdens and oppressions should grow up in our laws and in our officers for want of removing, as moss and weeds grow in some land for want of stirring, surely it will be a foundation of misery, not easily to be removed by our posterity; and then will they curse the time that ever we their fore-fathers had opportunities to set things to rights for their ease, and would not do it.
Fourthly, to remove officers of state every year will make them truly faithful, knowing that others are coming after who will look into their ways; and if they do not do things justly, they must be ashamed when the next officers succeed. And when officers deal faithfully in the government of the commonwealth, they will not be unwilling to remove. The peace of London is much preserved by removing their officers yearly.
Fifthly, it is good to remove officers every year, that whereas many have their portions to obey, so many may have their turns to rule; and this will encourage all men to advance righteousness and good manners in hopes of honour; but when money and riches bears all the sway in the rulers' hearts, there is nothing but tyranny in such ways.
Sixthly, the commonwealth hereby will be furnished with able and experienced men, fit to govern, which will mightily advance the honour and peace of our land, occasion the more watchful care in the education of children, and in time will make our commonwealth of England the lily among the nations of the earth.
Who are fit to choose, and fit to be chosen, officers in a commonwealth?
All uncivil livers, as drunkards, quarrellers, fearful ignorant men, who dare not speak truth lest they anger other men; likewise all who are wholly given to pleasure and sports, or men who are full of talk; all these are empty of substance, and cannot be experienced men, therefore not fit to be chosen officers in a commonwealth; yet they may have a voice in the choosing.
Secondly, all those who are interested in the monarchical power and government ought - neither to choose nor be chosen officers to manage commonwealth's affairs, for these cannot be friends to common freedom. And these are of two sorts:
First, such as have either lent money to maintain the King's army, or in that army have been soldiers to fight against the recovering of common freedom; these are neither to choose nor be chosen officers in the commonwealth as yet, for they have lost their freedom; yet I do not say that they should be made servants, as the conquered usually are made servants, for they are our brethren, and what they did, no doubt, they did in a conscionable zeal, though in ignorance.
And seeing but few of the Parliament's friends understand their common freedoms, though they own the name commonwealth, therefore the Parliament's party ought to bear with the ignorance of the King's party, because they are brethren, and not make them servants, though for the present they be suffered neither to choose nor be chosen officers, lest that ignorant spirit of revenge break out in them to interrupt our common peace.
Secondly, all those who have been so hasty to buy and sell the commonwealth's land, and so to entangle it upon a new account, ought neither to choose nor be chosen officers, for hereby they declare themselves either to be for kingly interest, or else are ignorant of commonwealth's freedom, or both, therefore unfit to make laws to govern a free commonwealth, or to be overseers to see those laws executed.
What greater injury could be done to the commoners of England, than to sell away their land so hastily, before the people knew where they were, or what freedom they had got by such cost and bloodshed as they were at? And what greater ignorance could be declared by officers than to sell away the purchased land from the purchasers, or from part of them, into the hands of particular men to uphold monarchical principles?
But though this be a fault, let it be bore withal, it was ignorance of brethren; for England hath lain so long under kingly slavery that few knew what common freedom was; and let a restoration of this redeemed land be speedily made by them who have the possession of it.
For there is neither reason nor equity that a few men should go away with that land and freedom which the whole commoners have paid taxes, free-quarter and wasted their estates, healths and blood to purchase out of bondage, and many of them are in want of a comfortable livelihood.
Well, these are the men that take away other men's rights from them, and they are members of the covetous generation of self-seekers, therefore unfit to be chosen officers, or to choose.
Who then are fit to be chosen commonwealth's officers?
Why truly, choose such as have a long time given testimony by their actions to be promoters of common freedom, whether they be members in church fellowship or not in church fellowship, for all are one in Christ.
Choose such as are men of peaceable spirits, and of a peaceable conversation.
Choose such as have suffered under kingly oppression, for they will be fellow-feelers of others' bondages.
Choose such as have adventured the loss of their estates and lives to redeem the land from bondage, and who have remained constant.
Choose such as are understanding men, and who are experienced in the laws of peaceable and right-ordered government.
Choose men of courage, who are not afraid to speak the truth; for this is the shame of many in England at this day, they are drowned in the dung-hill mud of slavish fear of men; these are covetous men, not fearing God, and their portion is to be cast without the city of peace amongst the dogs.
Choose officers out of the number of those men that are above forty years of age, for these are most likely to be experienced men; and all these are likely to be men of courage, dealing truly and hating covetousness.
And if you choose men thus principled, who are poor men, as times go (for the conqueror's power hath made many a righteous man a poor man); then allow them a yearly maintenance from the common stock, until such time as a commonwealth's freedom is established, for then there will be no need of such allowances.
What is the reason that most people are so ignorant of their freedoms, and so few fit to be chosen commonwealth's officers?
Because the old kingly clergy, that are seated in parishes for lucre of tithes, are continually distilling their blind principles into the people, and do thereby nurse up ignorance in them; for they observe the bent of the people's minds, and make sermons to please the sickly minds of ignorant people, to preserve their own riches and esteem among a charmed, befooled and besotted people.

## Notes

* ↑ This theory had been put forward by Sir Robert Filmer in The Anarchy of a Limited or Mixed Monarchy (1648).