The law of freedom in a platform: or, True magistracy restored Humbly presented to Oliver Cromwel, General of the Common-wealths army in England. And to all English-men my brethren whether in church-fellowship, or not in church-fellowship, both sorts walking as they conceive according to the order of the Gospel: and from them to all the nations in the world. Wherein is declared, what is kingly government, and what is Commonwealths government. By Jerrard Winstanley.

What is the work of a Judge?

The Law it self is the Judge of all mens actions, yet he who is chosen to pronounce the Law is called Judge, because he is the mouth of the Law, for no single man ought to Judge or interpret the Law.

Because the Law it self, as it is 〈◊〉〈◊〉 us in the letter, is the mind and de∣termination of the Parliament and of the people of the Land, to be their Rule to walk by and to be the touch stone of all actions.

And that man who takes upon him to interpret the Law, doth either dark∣en the sence of the Law, and so makes it confused and hard to he understood, or else puts another meaning upon it, and so lifts up himself above the Parlia∣ment, above the Law, and above all people in the Land.

Therefore the work of that man who is called Judge, is to hear any matter that is brought before him; and in all cases of difference between man and man, he shall see the parties on both sides before him, and shall hear each man speak for himself without a Fee'd Lawyer; likewise he is to examine any wit∣ness who is to prove a matter in Tryal before him.

And then he is to pronounce the bare Letter of the Law concerning such a thing, for he hath his name Judge, not because his will and mind is to Judge the actions of offenders before him but because he is the mouth to pronounce the Law, who indeed is the true Judge; therefore to this Law and to this Testimonie let every one have a regard who intends to live in peace in the Commonwealth.

But from hence hath arose much misery in the Nations under Kindly Government, in that the man called the 〈◊〉〈◊〉 hath been suffered to in∣terpret the Law; and when the mind of the Law, the Judgment of the Parliament, and the Government of the Land, is resolved into the brest of the Judges, this hath occasioned much complaining of Injustice, in Judges, in Courts of Justice, in Lawyers, and in the course of the Law it self, as if it were an evil Rule.

Because the Law, which was a certain Rule, was varied, according to the will of a covetous, envious, or proud Judg, therefore no marvel though the Kingly Laws be so intricate, and though few know which way the course of the Law goes, because the sentence lies many times in the brest of a Judg, and not in the letter of the Law.

And so the good Laws made by an industrious Parliament, are like good Eggs layd by a silly Goose, and as soon as she hath layd them, she goes her way, and lets others take them, and never looks after them more, so that if you lay a stone in her nest, she will sit upon it, as if it were an Egg.

And so though the Laws be good, yet if they be left to the will of a Judg to interpret, the Execution hath many times proved bad.

And truly as the Laws and people of Nations have been abused by suffer∣ing men Judges to alter the sence by their Interpretation:

So likewise hath the Scriptures of Moses, the Prophets, Christ, and his Apostles, been darkened and confounded by suffering Ministers to put their Inferences and Interpretations upon them.

And surely both the Judges for the Law, and the Ministers for Gods Word, have been both unfaithful servants to man and to God, by taking upon them to expound and interpret that Rule which they are bound to yield obedience to, without adding to, or diminishing from.