XII. A Contemporary Criticism.

So far as is known, there is only one contemporary
criticism of The T-nure of Kings Magistrates. It is from
the pen of a Presbyterian parliamentarian and pam-
phleteer, Clement Walker, a literary partner of William
Prynne, and therefore one who resented Milton's
gibes at apostate scarecrows and inconsistent divines.
As Walker's book is not accessible to the general
reader, we reproduce his diatribe. It reads as follows:
‘There is lately come forth a book of John Meltons
(a Libertine, that thinketh his Wife a Manacle, and
his very Garters to be Shackles and Fetters to him:
one that (after the Independent fashion) will be tied
to no obligation to God or man) wherein he under-
taketh to prove, That it is lawful for any that have
power to call to account, Depose, and put to Death wicked
Kings and Tyrants (after due conviction) if the ordinary
Magistrate neglect it. I hope then it is lawful to put
to death wicked Cromwels, Councels of State, corrupt
Factions in Parliament: for I know no prerogative
that usurpation can bestow upon them. He likewise
asserteth, That those, who of late so much blame
Deposing, are the men that did it themselves, (meaning
the Presbyterians). I shall invite some man of more
leisure and abilities than myself, to Answer these two
Paradoxes: But shall first give him these cautions:

1. That for the Polemick part he turn all his Argu-
ments into Syllogismes, and then he will find them
to be all Fallacies, the froth of wit and fancy, not
the Dictates of true and solid Reason.

2. That for the Historical or narrative part, he would
thoroughly examine them, and he will find few of
them consonant to the plumbline of truth.

3. That he would consider that from the beginning

A Contemporary Criticism liii

of this Parliament there were three Parties or Fac-
tions in it;

1. The Royalists.

2. The Presbyterians.

8. The Independents,’!

Without further reference to Milton, Walker pro-
ceeds to declare that the Independents have been
the inconsistent troublers of Israel, and that the Pres-
byterians have been laboring to deliver them from
their errors,

* Hist. of Indep. pt. 2, 199ff.

THE TEXT

A REPRODUCTION OF THE FIRST EDITION,
WITH VARIANTS

FROM THE SECOND EDITION.

The Tenure of Kings and Magistrates: Proving,
That it is Lawfull, and hath been held so through all
Ages, for any who have the Power, to call to account
a Tyrant, or wicked KING, and after due conviction,
to depose and put him to death; if the ordinary
MAGISTRATE have neglected or deny'd to doe it.
And that they, who of late, so much blame Deposing,
are the Men that did it themselves. The Author, J.M.
London, Printed by Matthew Simmons, at the Gilded

Lyon in Aldersgate Street, 1649,

THE TENURE OF KINGS
AND MAGISTRATES.

If Men within themselve:
reason, and not generally
to a double tyrannie, of
blind affections within,
what it is to favour and uy
But being slaves within
Strive so much to have
govern’d to the inward
govern themselves,

?
them lies all thir hatred and
neither doe bad men hate
alwaies readiest with the falsi
Obedience, to colour Over thei:
although sometimes for shai
their owne grievances,

4 The Tenure of Kings and Magistrates

but the roots and causes whence they spring, streight
these men, and sure helpers at need, as if they hated
onely the miseries but not the mischiefes, after they
have juggl'd and palter'd with the World, bandied
sand borne armes against their King, devested him,
disanointed him, nay, curs’d him all over in their
pulpits and their pamphlets, to the ingaging of sincere
and reall men, beyond what is possible or honest to
retreat from, not onely turne revolters from those
% principles, which onely could at first move them, but
lay the staine of disloyaltie, and worse, on those
proceedings, which are the necessarie consequences of
their owne former actions; nor dislik’d by themselves,
were they manay’d to the intire advantages of their
ssowne Faction; not considering the while that he
toward whom they boasted new fidelitie, counted them
accessory; and by those Statutes and Laws which
they so impotently brandish against others, would
have doom’d them to a traytors death, for what they
»° have done alreadie. ‘Tis true, that most men are apt
anough to civill Wars and commotions as a noveltie,
and for a flash, hot and active; but through sloth
or inconstancie, and weakness of spirit either fainting
ere their owne preter.zes, though never so just, be
ss halfe attain’d, or through an inbred falshood and
wickednesse, betray oft times to destruction with
themselves, men of noblest temper join’d with them
for causes, which they in their rash undertakings were
not capable of. If God and a good cause give them
se Victory, the prosecution whereof for the most part,
inevitably drawes after it the alteration of Lawes,
change of Goverment, downfall of princes with their
Families ; then comes the task to those Worthies which

* Second edition omits of, A new paragraph is also indicated
here,

a new garbe of Allegian
long since cancell'd

a dissembl'd and 5
beget new commo:

6 The Tenure of Kings and Magistrates

much nicenesse on the unnecessariest clause of their
Covnant'; wherein the feare of change, and the absurd
contradiction of a flattering hostilitie had hamperd
them, but not scrupling to give away for complements,

s to an implacable revenge, the heads of many thousand
Christians more.

Another sort there is, who comming in the course
of these affairs, to have thir share in great actions,
above the forme of Law or Custome, at least to give

we thir voice and approbation, begin to swerve, and almost
shiver at the Majesty and grandeur of som noble
deed, as if they were newly enter'd into a great sin;
disputing presidents, formes and circumstances, when
the Commonwealth nigh perishes for want of deeds in
ss substance, don with just and faithfull expedition. To
these I wish better instruction, and vertue equall to
their calling; the former of which, that is to say,
Instruction, I shall endeavour, as my dutie is, to
bestow on them; and exhort them not to startle from
sothe just and pious resolution of adhering with all
their assistance* to the present Parlament and Army,
in the glorious way wherein Justice and Victorie hath
set them; the onely warrants, through all ages, next
under immediate Revelation, to exercise supreame
*s power in those proceedings, which hitherto appeare
equall to what hath been don in any age or Nation
heretofore justly or magnanimouslie. Nor let them be
discourag’d or deterr'd by any new Apostate Scar
crowes, who under show of giving counsell, send out
x their barking monitories and memento’s, emptie of ought
else but the spleene of a frustrated Faction. For how
can that pretended counsell bee either sound or
faithfull, when they that give it, see not for madnesse

1 Sec. ed. adds wrested,
* Sec. ed. strength and assistance.

The Tenure of Kings and Magistrates 7

and vexation of their ends lost, that those Statutes and
Scriptures which both falsly and scandalously, they
wrest against their Friends and Associates, would by
Sentence of the common adversarie fall first and
heaviest upon their owne heads. Neither let milde
and tender dispositions be foolishly softn’d from their
dutie and perseverance with the unmasculine Rhetorick
of any puling Priest or Chaplain, sent as a friendly
Letter of advice, for fashion-sake in private, and
forthwith publish’t by the Sender himselfe, that wee x
may know how much of friend there was in it, to
cast an odious envie upon them, to whom it was
pretended to be sent in charitie. Nor let any man be
deluded by either the ignorance or the notorious
hypocrisie and self-repugnance of our dancing Divines, :s
who have the conscience and the boldnesse to come
with Scripture in their mouthes, gloss’d and fitted for
thir turnes with a double Contradictory sense, trans-
forming the sacred veritie of God to an Idol with two
faces, looking at once two several ways; and with 2
the same quotations to charge others, which in the
same case they made serve to justifie themselves
For while the hope to bee made Classic and Provin-
ciall Lords led them on, while pluralities greas'd them
thick and deepe, to the shame and scandall of Religion, »
more then all the Sects and Heresies they exclaime
against, then to fight against the Kings Person, and
no lesse a Party of his Lords and Commons, or to
put force upon both the Houses, was good, was
lawfull, was no resisting of Superiour powers; they 30
onely were powers not to be resisted, who coun-
tenanc'd the good and punish't the evill. But now
that thir censorious domineering is not suffer'd to be
universall, truth and conscience to be freed, Tithes
and Pluralities to be no more, though competent allow- 3s

a

8 The Tenure of Kings and Magistrates

ance provided, and the warme experience of large
gifts, and they so good at taking them; yet now to
exclude and seize on’ impeach't Members, to bring
Delinquents without exemption to a faire Tribunall
s by the common Nationall Law against murder, is now
to be no lesse then Corah, Dathan and Abiram. He
who but erewhile in the pulpits was a cursed Tyrant,
an enemie to God and Saints, laden with all the
innocent blood spilt in three Kingdomes, and so to
0 bee fought against, is now, though nothing penitent
or alter'd from his first principles, a lawfull Magistrate,
a Sovrane Lord, the Lords Annointed, not to be
touch’d, though by themselves imprison’d. As if this
onely were obedience, to preserve the meere uselesse
1s bulke of his person, and that onely in prison, not in
the field, and to disobey his commands, denie him
his dignitie and office, every where to resist his
power but where they thinke it onely surviving in
thir owne faction.
2° But who in particular is a Tyrant cannot be deter-
mind in a generall discourse, otherwise then by sup-
position; his particular charge, and the sufficient
proofe of it must determine that: which I leave to
Magistrates, at least to the uprighter sort of them,
*s and of the people, though in number lesse by many,
in whom faction least hath prevaild above the Law
of nature and right reason, to judge as they finde
cause. But this I dare owne as part of my faith, that
if such a one there be, by whose Commission whole
se massachers have been committed on his faithfull sub-
jects, his Provinces offered to pawne or alienation,
as the hire of those whom he had sollicited to come
in and destroy whole Cities and Countries; be hee
King, or Tyrant, or Emperour, the Sword of Justice
* Sec. ed. upon.

The Tenure of Kings and Magistrates 9

is above him; in whose hand soever is found suf-
ficient power to avenge the effusion, and so great a
deluge of innocent blood. For if all humane power
to execute, not accidentally but intendedly, the wrath
of God upon evill doers without exception, be of s
God; then that power, whether ordinary, or if that
faile, extraordinary so executing that intent of God,
is lawfull, and not to be resisted. But to unfold more
at large this whole Question, though with all expe-
dient brevity, I shall here set downe from first be- 10
ginning, the originall of Kings; how and wherefore
exalted to that dignitie above thir Brethren; and
from thence shall prove, that turning to tyranny they
may bee as lawfully deposd and punished, as they
were at first elected: This I shall doe by autorities 15
and reasons, not learnt in comers among Schismes
and Heresies, as our doubling Divines are ready to
calumniate, but fetch’d out of the midst of choicest
and most authentic learning, and no prohibited Authors,
nor many Heathen, but Mosaical, Christian, Ortho- 2
doxal, and which must needs be more convincing to
our Adversaries, Presbyterial.

No man who knows ought, can be so stupid to
deny that all men naturally were borne free, being
the image and resemblance of God himselfe, and 1s
were by privilege above all the Creatures, borne to
command and not to obey: and that they livd so,1
till from the root of Adams transgression, falling among
themselves to doe wrong and violence, and foreseeing
that such courses must needs tend to the destruction 3.
of them all, they agreed by common league to bind
each other from mutual injury, and joyntly to defend
themselves against any that gave disturbance or Oppo-
sition to such agreement. Hence came Citties, Townes

* A new sentence begins here in sec. ed.

10 The Tenure of Kings and Magistrates

and Common-wealths. And because no faith in all
was found sufficiently binding, they saw it needfull
to ordaine some authoritie, that might restraine by
force and punishment what was violated against peace
sand common right. This autoritie and power of self-
defence and preservation being originally and naturally
in every one of them, and unitedly in them all, for
ease, for order, and least each man should be his
owne partial judge, they communicated and deriv'd
x0 either to one, whom for the eminence of his wisdom
and integritie they chose above the rest, or to more
then one whom they thought of equal deserving: the
first was calld a King; the other Magistrates. Not
to be thir Lords and Maisters (though afterward those
tsmames in som places were giv'n voluntarily to such
as had bin authors of inestimable good to the people)
but, to be thir Deputies and Commissioners, to exe-
cute, by vertue of thir intrusted power, that justice
which else every man by the bond of nature and of
se Cov'nant must have executed for himselfe, and for
one another. And to him that shall consider well
why among free persons, one man by civill right
should beare autority and jurisdiction over another,
no other end or reason can be imaginable. These
*s for a while governd well, and with much equitie de-
cided all things at thir owne arbitrement: till the
temptation of such a power left absolute in thir hands,
perverted them at length to injustice and partialitie.
Then did they, who now by tryall had found the
se danger and inconveniences of committing arbitrary
power to any, invent Lawes either fram’d, or con-
sented to by all, that should confine and limit the
autority of whom they chose to govern them: that
so man of whose failing they had proof, might no
3s more rule over them, but law and reason abstracted

The Tenure of Kings and Magistrates 1

as much as might be from personal errors and frai!-
ties!’ When this would not serve but that the Law
was either not executed, or misapply'd they were
Constraind from that time, the onely remedy left them,
te put conditions and take Oaths from all Kings and
Magistrates at thir first instalment to doe impartial
justice by Law: who upon those termes and no other,
receav'd Allegeance from the people, that is to Say,
bond or Covnant to obey them in execution of those
Lawes which they the people had themselves made,
or assented to. And inis oft times with express
warning, that if the King or Magistrate prov'd un-
faithfull to his trust, the people would be disingag’d.
They added also Counselors and Parlaments, not to
be onely at his beck, but with him or without him,
at set times, or all times, when any danger threatn'd
to have care of the public safety. Therefore saith
Claudius Sesell*, a French Statesman, The Parlament
was set as a@ bridle to the King; which I instance
rather’, because that Monarchy is granted by all to
be farre more absolute then ours. That this and the
rest of what hath hitherto been spok’n is most true,
might be copiously made appeare throughout all
Stories, Heathen and Christian ; eev'n of those Nations
where Kings and Emperours have sought meanes to
abolish all ancient memory of the peoples right by
their encroachments and usurpations. But I Spare
long insertions‘, appealing to the German, French,

* Sec. ed. adds: ‘While as the Magistrate was set above the
People, so the law was set above the Magistrate,’

* Sesel in sec. ed.

* Sec. ed. reads: ‘ whic!
English Lawyers have

solute then ours.
“In the sec. ed. the sentence is thus expanded : ‘appealing
to the known constitutions of both the latest Christian Empires
f

12 The Tenure of Kings and Magistrates

Italian, Arragonian, English, and not the least the
Scottish histories: Not forgetting this onely by the
way, that William the Norman, though a Conqueror,
and not unsworne at his Coronation, was compelld
sa second time to take oath at S. Albanes, ere the
people would be brought to yeild obedience.

It being thus manifest that the power of Kings and
Magistrates is nothing else, but what is onely deriv-
ative, transferrd and committed to them in trust from

x the people, to the Common good of them all, in whom
the power yet remaines fundamentally, and cannot be
tak’n from them, without a violation of thir natural
birthright, and seeing that from hence Aristotle and
the best of Political writers have defin'd a king, him

swho governs to the good and profit of his people,
and not for his owne ends, it follows from necessary
causes, that the Titles of Sovran Lord, natural Lord,
and the like, are either arrogancies, or flatteries, not
admitted by Emperors and Kings of best note, and

*e dislikt by the Church both of Jews, Isai. 26. 18, and
ancient Christians, as appears by Tertullian and others.
Although generally the people of Asia, and with
them the Jews also, especially since the time they
chose a King, against the advice and counsel of

+s God, are noted by wise authors much inclinable to
slavery.

Secondly, that to say, as is usual, the King hath
as good right to his crown and dignitie, as any man
to his inheritance, is to make the subject no better

sethen the Kings slave, his chattell, or his possession
that may be bought and sould, And doubtless, if
hereditary title were sufficiently inquir'd, the best
foundation of it would be found but either in courtesie
in Europe, the Greek and German, besides the French, Italian,
Arragonian, English, and not least, the Scottish Histories,’

The Tenure of Kings and Magistrates 13

Or convenience. But Suppose it to be of right hered-
itarie, what can be More just and legal, if a subject
for certaine crimes be to forfet by Law from himselfe

and posterity,
that a King for crimes pro}
his title and inheritance
people must be

for them,

single, w

dignitie o;

themselves, would
human condition,
Nation of men
subsisting,
comparison

* The sec. ed. adds:
allow for one of the

to be endur’d by free
1 In sec. ed. surely follows and,

£2

all his inheritance to t!

nin
‘wainst the
38 ar€ account-
ming oi al!
may refus- to give
e with them at Coro-
» and meer mockeri: 3,15
to keep, made to no

Law

from a whole .;

r him onely
valuing them in
and pleasure, no
ne under his feet,

whom we commonly
nature and morality,
. 10. that Monarchy

3 and least of all

14 The Tenure of Kings and Magistrates

not to be reasond with, but to be injurd'; among
whom there might be found so many thousand men
for wisdome, vertue, nobleness of mind and all other
respects, but the fortune of his dignity, farr above
shim. Yet some would perswade us that this absurd
opinion was King Davids; because in the 51 Psalm he
cries out to God, Against thee onely have I sinn’d; as
if David had imagind that to murder Uriah and adul-
terate his Wife, had bin no sinne against his Neighbour,
towhen as that law of Moses was to the king expressly,
Deut. 17. not to think so highly of himself above his
Brethren. David therefore by those words could mean
no other, then either that the depth of his guiltiness
was known to God onely, or to so few as had not
ssthe will or power to question him, or that the sin
against God was greater beyond compare then against
Uriah. What ever his meaning were, any wise man
will see that the patheticall words of a Psalme can
be no certaine decision to a point that hath abundantly
20more certaine rules to goe by. How much more
rationally spake the Heathen King /’-mophoon in a
Tragedy of Euripides then these interpreters would
put upon King David, I rule not my people by tyranny,
as if they were Barbarians; but am myself liable, if
2s I doe unjustly, to suffer justly. Not unlike was the speech
of Trajan, the worthy Emperor, to one whom he made
General of his Pretorian Forces. Take this drawne
sword, saith he, to use for me, if I reigne well, if not,
to use against me. Thus Dion relates. And not
3° Trajan onely, but Theodosius the younger, a Christian
Emperor and one of the best, causd it to be enacted
as a rule undenyable and fit to be acknowledgd by
all Kings and Emperors, that a Prince is bound to the
Laws; that on the autority of Law the autority of
1 Sec. ed. reads trod on,

The Tenure of Kings and Magistrates 15

a Prince depends, and to the Laws ought submit.
Which Edict of his remaines yet unrepeald! in the
Code of Justinian. 1. 1. tit, 24, as a sacred constitution
to all the succeeding Emperors. How then can any
King in Europe maintaine and write himselfe accoun-
table to none but God, when Emperors in thir own
imperiall Statutes have writt’n and decreed themselves
accountable to Law. And indeed where such account
is not fear'd, he that bids a man reigne over him
above Law, may bid as well a Savage beast.

It follows lastly, that since the King or Magistrate
holds his autoritie of the people, both originally and
naturally for their good in the first place, and not
his owne, then may the people as oft as they shall
judge it for the best, either choose him or reject him, +:
retaine him or depose him though no Tyrant, meerly
by the libertie and right of free born men to be
govern'd as seems to them best. This, though it
cannot but stand with plaine reason, shall be made
good also by Scripture, Deut. 17.14. When thou art
come into the Land which the Lord thy God giveth thee,
and shalt say I will set a King over mee, like as all the
Nations about mee. These words confirme us, that the
right of choosing, yea of changing thir owne goverment
is by the grant of God himself in the people. And
therfore when they desir'd a King, though then under
another forme of goverment, and though thir changing
displeasd him, yet he that was himself their King, and
rejected by them, would not be a hindrance to what
they intended, furder then by perswasion, but that
they might doe therein as they saw good, 1 Sam. 8.
onely he reserv'd to himself the nomination of who
should reigne over them. Neither did that exempi
the King, as if hee were to God onely accountable,

' Sec, ed. omits unrepeald,

16 The Tenure of Kings and Magistrates

though by his especiall command anointed. There-
fore David first made a Covnant with the elders of Israel,
and so was by them anointed King,! 1 Chron. 11. And
Jehoiada the Priest making Jehoash King, made a
s Cov'nant between him and the People, 2 Kings 11. 17.
Therefore when Roboam at his comming to the Crowne,
rejected those conditio-s which the Israelites brought
him, heare what they answer him, what portion have
we in David, or inheritance in the son of Jesse. See to
to thine own house David. And for the like conditions
not perform'd, all Israel before that time deposd
Samuell; not for his own default, but for the misgov-
ement® of his Sons. But som will s2y to both these
examples, it was evilly don. I answer, that not the
ts latter, because it was expressely allow'd them in the
Law to set up a King if they pleas'd; and God him-
self joynd with them in the work; though in some
sort it was at that time displeasing to him, in respect
of old Samuell, who had governd them upringhtly.
» As Livy praises the Romans, who took occasion from
Tarquinius a wicked prince to gaine their libertie,
which to have extorted, saith hee, from Numa or any
of the good Kings before, had not bin seasonable.
Nor was it in the former example don unlawfully ;
+s for when Roboam had prepar'd a huge Army to reduce
the Israelites, be was forbidd'n by the Prophet, 1 Kings
12. 24. Thus saith the Lord, yee shall not goe up, nor
Jight against your brethren, for this thing is from me. He
calls them thir brethren, not Rebels, and forbidds to
se be proceeded against them, owning the thing himselfe,
not by single providence, but by approbation, and

* Sec. ed. adds 2 Sam. 5. 3.

* An interrogation mark is used in place of the period in
sec. ed.

* Sec. ed. reads Afisgoverment,

The Tenure of Kings and Magistrates 17

ansaction. Therfore
agistracy, whether supreme or subor- zo
dinat, is! calld q human ordinance, 1 Pet. 2. 18. etc.
which we are there taught is the will of God wee should
submitt to, so farr as for the punishment of evill doers,
and the encouragement of them that doe well. Sub-
mitt? saith he, as Sree men.* And there is no power but 1s
of God, saith Paul, Rom. 18. as much as to say, God
put it into mans heart to find out that way at first
for common peace and preservation, approving the
exercise therof; else it contradicts Peter who calls
the same autority an Ordinance of man, It must also 20
be understood of lawfull and just power, els we read
of great power in the affaires and Kingdomes of the
World permitted to the Devill: for saith he to Christ,
Luke, 4. 6. all * this power will I give thee and the glory
of them, for it is deliverd to me, and to whomsoever I will, 25
T give it: neither did hee ly, or Christ gainsay what
hee affirm'd: for in the thirteenth of the Revelation
wee read how the dragon gave to the Beast his power,
his seat, and great autority: which beast so autoriz'd

In sec. ed. without difference iollows is.

* In sec, ed. Atike precedes submztt,

* Sec. ed. adds: ‘ But to any civil power unaccountable, un-
questionable, and not to be resisted, no not in wickedness, and
violent actions, how can we submitt as free men?’

* Begins with a capital in sec. ed.

18 The Tenure of Kings and Magistrates

most expound to be the tyrannical powers and King-
domes of the earth. Therfore Saint Paul in the foreci-
ted Chapter tells us that such Magistrates hee meanes,
as are, not a terror to the good but to the evill, such
s as beare not the sword in vaine, but to punish offenders,
and to encourage the good. If such onely be mentioned
here as powers to be obeyd, and our submission to
them onely requird, then doubtless those powers that
doe the contrary, are no powers ordaind of God, and
ro by consequence no obligation laid upon us to obey
or not to resist them. And it may bee well observd
that both these Apostles, whenever they give this
precept, express it in termes not concret but abstract,
as logicians are wont to speake, that is, they mention
+s the ordinance, the power, the autoritie before the persons
that execute it, and what that power is, lest we should
be deceavd, they describe exactly. So that if the
power be not such, or the person execute not such
power, neither the one nor the other is of God, but
20 of the Devill and by consequence to bee resisted. From
this exposition Chrysostome also on the same place
dissents not, explaining that these words were not
writt'n in behalf of a tyrant. And this is verify’d by
David, himself a King, and likeliest to bee Author of
ss the Psalm 94. 20. which saith, Shall the throne of iniquity
have fellowship with thee! And it were worth the knowing,
since Kings,? and that by Scripture boast the justness
of thir title, by holding it immediately of God, yet
cannot show the time when God ever set on the
sethrone them or thir forefathers, but onely when the
people chose them; why by the same reason, since
God ascribes as oft to himself the casting down of
Princes from the throne, it should not be thought as

1 Sec. ed. has question mark.
* Sec, ed. supplies in these days after Aings.

The Tenure of Kings and Magistrates 19

lawful, and as much from God when none are seen
to do it but the people, and that for just causes, For
it needs must be a sin in them to depose, it may as
likely be a sin to have elected. And contrary if the
peoples act in election be pleaded by a King, as the s
act of God, and the most just title to enthrone
him, why may not the peoples act of rejection
be as well pleaded by the people as the act of God,
and the most just reason to depose him? So that we
see the title and just right of reigning or deposing 10
in reference to God, is found in Scripture to be
all one; visible onely in the people, and depen-
ding meerly upon justice and demerit. Thus farr hath
bin considerd briefly the power of Kings and Mag-
istrates: how it was. and is originally the peoples, :s
and by them conferrd in trust onely to bee imployd
to the common peace and benefit; with libertie ther-
fore and right remaining in them to reassume it to
themselves, if by Kings or Magistrates it be abus’d;
or to dispose of it by any alteration, as they shall 2
judge most conducing to the public good.

We may from hence with more ease. and force of
argument determin what a Tyrant is, and what the
people may doe against him. A Tyrant whether by
wrong or by right comming to the Crowne, is he 2s
who regarding neither Law nor the common good,
reigns onely for himself and his faction: Thus St. Basil
among others defines him. And because his power
is great, his will boundless and exorbitant, the ful-
filling whereof is for the most part accompanied with 30
innumerable wrongs and Oppressions of the people,
murthers, massacres, rapes, adulteries, desolation, and
subversion of Citties and whole provinces, look how
great a good and happiness a just King is, so great
a mischeife is a Tyrant; as hee the public Father of ss

20 The Tenure of Kings and Magistrates

his Countrie. so this the common enemie. Against
whom what the people lawfully may doe, as against
a common pest, and destroyer of mankind, I suppose
no man of cleare judgement need goe furder to be
s guided then by the very principles of nature in him.
But because it is the vulgar folly of men to desert
thir owne reason, and shutting thir eyes to think they
see best with other mens, I shall shew by such exam-
ples as ought to have most waight with us, what hath
bin don in' this case heretofore, The Greeks and
Romans, as thir prime Authors witness, held it not
onely lawfull, but a glorious and Heroic deed, rewar-
ded publicly with Statues and Garlands, to kill an
infamous Tyrant at any time without tryal; and but
ss reason, that he who trod down all Law, should not
bee voutsafd the benefit of Law. Insomuch that
Seneca the Tragedian brings in Hercules the grand
Suppressor of Tyrants, thus speaking,
Victima haud ulla amplior
Potest, magisque opima mactari Jovi
Quam rex iniquus
There can be slaine
No sacrifice to God more acceptable
Then an unjust and wicked King
2s But of these I name no more lest it bee objected
they were Heathen; and come to produce another
sort of men that had the knowledge of true Religion.
Among the Jews this custome of tyrant-killing was
not unusual. First, Ehud, a man whom God had
seraysd to deliver Israel from Eglon King of Moab, who
had conquerd and rul'd over them eighteene years,
being sent to him as an Ambassador with a present,
slew him in his owne house. But hee was a forren
Prince, an enemie, and Ehud besides had special war-
‘ The text reads :, evidently a misprint.

The Tenure of Kings and Magistrates 21

rant from God. To the first I answer, it imports not
whether forren or native: For no Prince so native
but professes to hold by Law: which when he him-
selfe over-turnes, breaking all the Covnants and Oaths
that gave him title to his dignity, and were the bond s
and alliance between him and his people, what differs
he from an outlandish King, or from an enemie? For
look how much right the King of Spaine hath to
govern us at all, so much right hath the King of
England to govern us tyrannically. If he, though not so
bound to us by any league, comming from Spaine
in person to subdue us or to destroy us, might law-
fully by the people of England either bee slaine in
fight, or put to death in captivity, what hath a native
King to plead, bound by so many Covnants, bene- 1s
fits and honours to the welfare of his people, why
he through the contempt of all Laws and Parlaments,
the onely tie of our obedience to him, for his owne
wills sake, and a boasted praerogative unaccountable,
after sev'n years warring and destroying of his best 2
subjects, overcom and yeilded prisoner, should think
to scape unquestionable as a thing divine, in respect
of whom so many thousand Christians destroy'd,
should lye unaccounted for, polluting with thir slaugh-
terd carcasses all the Land over, and crying for venge- s
ance against the living that should have righted them.
Who knows not that there is a mutual bond of amity
and brother-hood between man and man over all the
World, neither is it the English Sea that can sever
us from that duty and relation: a Straiter bond yet 30
there is between fellow-subjects, neighbours and
friends; but when any of these doe one to another
so as hostility could doe no worse, what doth the
Law decree less against them, then open enemies and
invaders? or if the law be not present, or too weake, ss

22 The Tenure of Kings and Magistrates

what doth it warrant us to less then single defence
or civil warr? and from that time forward the Law
of civill defensive warr, differs nothing from the Law
of forren hostility. Nor is it distance of place that

s makes enmitie, but enmity that makes distance. He
therfore that keeps peace with me, neer or remote
of whatsoever Nation, is to mee as farr as all civil
and human offices an Englishman and a neighbour :
but if an Englishman forgetting all Laws, human,
x Civil and relicicus offend against life and libertie to
him offended nd to the Law in his behalf, though
born in the <-me womb, he is no better then a Turk,
a Sarasin, : deathen. This is Gospel, and this was
ever Law among equals: how much rather then in
+s force against any King whatsoever!, who in respect
of the people is confessd inferior and not equal: to
distinguish therfore of a Tyrant by outlandish, or
domestic is a weak evasion. To the second that he
was an enemie, I answer, what Tyrant is not? yet
x Eglon by the Jewes had bin acknowledgd as thir
Sovran, they had servd him eighteene yeares, as long
almost as wee our William the Conqueror, in all
which time he could not be so unwise a Statesman
but to have tak’n of them Oaths of Fealty and Alle-
ssgeance by which they made themselves his proper
subjects, as thir homage and present sent by Ehud
testifyd. To the third, that he had special warrant
to kill gion in that manner, it cannot bee granted,
because not expressd; tis plain, that he was raysd
3° by God be a Delive ‘er, and went on just prin-
ciples, such as were then and ever held allowable, to
deale so by a Tyrant that could no otherwise be
dealt with. Neither did Samuell though a Profet, with
his owne hand abstain from Agag; a forren enemie

' Sec. ed. whatever,

The Tenure of Kings and Magistrates 23

no doubt; but mark the reason ', As thy sword hath
made women childless; a cause that by the sentence
of Law it selfe nullifies all relations, and as the Law
is between Brother and Brother, Father and Son,
Maister and Servant, wherfore not between King or ,
rather Tyrant and People? And whereas Jehu had
special command to slay Jehoram, a successive and
hereditarie Tyrant, it seemes not the less imitable for
that; for where a thing grounded so much on natural
reason hath the addition of a command from God, 10
what does it but establish the lawfulness of such an
act. Nor is it likely that God who had so many
wayes of punish':..; the house of Ahab would have
sent a subject against his Prince, if the fact in it
selfe as don to a Tyrant had bin of bad example, :;
And if David refus'd to lift his hand against the Lords
anointed, the matter between them was not tyranny,
but private enmity, and David as a private person
had bin his own revenger, not so much the peoples ?;
but when any tyrant at this day can shew to be the x.
Lords anointed, the onely mention'd reason why David
withheld his hand, he may then but not till then pre-
sume on the same privilege.

We may pass therfore hence to Christian times.
And first our Saviour himself, how much he favourd a5
Tyrants and how much intended they should be found
or honourd among Christians, declares his minde not
obscurely ; accounting thir absolute autoritie no better
then Gentilisme, yea though they flourishd it over
with the splendid name of benefactors; charging those 3.
that would be his Disciples to usurp no such dominion ;
but that they who were to bee of most autoritie among
them, should esteem themselves Ministers and Servants
* Sentence ends here in sec. ed.

* A period replaces the semicolon in sec. ed.

24 The Tenure of Kings and Magistrates

to the public. Matt. 20.25. The Princes of the Gen-
tiles exercise Lordship over them, and Mark 10. 42. They
that seem to rule, saith he, either slighting or accoun-
ting them no lawful rulers, but yee shall not be 80, but
sthe greatest among you shall be your Servant. And al-
though hee himself were the meekest, and came on
earth to be so, yet to a Tyrant we hear him not vout-
safe an humble word: but Tell that Sox, Luc. 18.1 And
wherfore did his Mother, the Virgin Mary give such
% praise to God in her profetic song, that he had now
by the comming of Christ, Cutt down Dynasta’s or proud
Monarchs from the throne, if the Church, when God
manifests his power in them to doe so, should rather
choose all miserie and vassalage to serve them, and
1s let them still sit on thir potent seats to bee ador'd
for doing mischiefe. Surely it is not for nothing that
tyrants by a kind of natural instinct both hate and
feare none more then the true Church and Saints of
God, as the most dangerous enemies and subverters
»° of Monarchy, though indeed of tyranny; hath not
this bin the perpetual cry of Courtiers, and Court
Prelates? where of no likelier cause can be alleg’d,
but that they well discern’d the mind and principles
of most devout and zealous men, and indeed the very
*s discipline of Church, tending to the dissolution of all
tyranny. No marvel then, if since the faith of Christ
receav'd, in purer or impurer times, to depose a King,
and put him to death for tyranny hath bin accounted
so just and requisit, that neighbour Kings have both
seupheld and tak'n part with subjects in the action.
And Ludovicus Pius, himself an Emperor, and sonne

' Sec. ed. adis: ‘So far we ought to be from thinking
that Christ and lis Gospel should be made a Sanctuary for
Tyrants from justice, to whom his Law before never gave such
protection.’

The Tenure of Kings and Magistrates 25

of Charles the great, being made Judge, Du Haillan
‘8 my author, between Milegast King of the Vultees
and his Subjects, who had depos'd him, gave his ver-
dit for the subjects, and for him whom they had
chos'n in his room. Note here that the right of elec-
ting whom they please is by the impartial testimony
of an Emperor in the people. For, said he, A just
Prince ought to be prefer’d before an unjust, and the end
of goverment before the prerogative. And Constantinus
Leo, another Emperor in the Byzantine Laws saith,
that the end of a King is for the general good, which
he not performing is but the counterfet of a King. And to
prove that some of our owne Monarchs have acknow-
ledg’d that thir high office exempted them not
from punishment, they had the Sword of St. Edward
born before them by an Officer, who was calld Earle
of the Palace, eev'n at the times of thir highest pomp
and solemnitie, to mind them, saith Matthew Paris,
the best of our Historians, that if they errd, the Sword
had power to restraine them. And what restraint the
Sword comes to at length, having both edge and
point, if any Sceptic will needs? doubt, let him feel.
It is also affirm'd from diligent search made in our
ancient books of Law, that the Peers and Barons of
England had a legal right to judge the King: which
was the cause most likely, for it could be no slight
cause, that they were call’d his Peers, or equals. This
however may stand immovable, so long as man hath
to deale with no better then man; that if our Law

judge all men to the lowest by thir Peers, it should ,

in all equity ascend also, and judge the highest. And
so much I find both in our own and forren Storie,
that Dukes, Earles, and Marqueses were at first not

* Sec. ed. has plural form,
* Sec. ed. omits needs.

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26 The Tenure of Kings and Magistrates

hereditary, not empty and vain titles, but names of
trust and office, and with the office ceasing, as induces
me to be of opinion, that every worthy man in Parla-
ment, for the word Baron imports no more, might for
sthe public good be thought a fit Peer and judge of
the King; without regard had to petty caveats and
circumstances, the chief impediment in high affairs,
and ever stood upon most by circumstantial men.
Whence doubtless our Ancestors who were not igno-
torant with what rights either Nature or ancient Con-
stitution had endowd them, when Oaths both at Coro-
nation, and renewd in Parlament would not serve,
thought it no way illegal to depose and put to death
thir tyrannous Kings. Insomuch that the Parlament
1s drew up a charge against Richard the second, and the
Commons requested to have judgement decree’d
against him, that the realme might not bee endangerd.
And Peter Martyr, a divine of formost rank, on the
third of Judges approves thir doings. Sir Thomas Smith
sealso a Protestant and a Statesman, in his Common-
wealth of England putting the question whether it
be lawfull to rise against a Tyrant, answers, that the
“vulgar judge of it according to the event, and the
lerned according to the purpose of them that do it.
»s But far before these days, Gildas, the most ancient
of all our Historians, speaking of those times wherein
the Roman Empire decaying quitted and relinquishd
what right they had by Conquest to this and, and
resign’d it all into the peoples hands, testifies that
zethe people thus re-invested with thir own original
right, about the year 446, both elected them Kings,
-whom they thought best (the first Christian British
Kings that ever raign’d heer since the Romans) and
by the same right, when they apprehended cause,
ss usually depos’d and put them to death. This is the

The Tenure of Kings and Magistrates 27

most fundamentall and ancient tenure that any King
of England can produce or Pretend to; in comparison
of which, all other titles and pleas are but of yester-
day. If any object that Gildas condemns the Britanes
for so doing, the answer is as ready; that he con- s
demns them no more for so doing, then hee did be-
fore for choosing such, for, saith he, They anointed
them Kings, not of God, but such as were wore bloody
then the rest. Next hee condemns them not at all for
deposing or putting them to death, but for doing it ro
over hastily, without tryal or well examining the
cause, and for electing others worse in thir room.
Thus we have heer both Domestic and most ancient
examples that the people of Britain have deposd and put
to death thir Kings in those primitive Christian times, +
And to couple reason wi example, if the Church
in all ages, Primitive, Romish, or Protestant held it
ever no less thir duty then the power of thir Keyes,
though without express warrant of Scripture, to bring
indifferently both King and Peasant under the utmost 2
rigor of thir Canons and Censures Ecclesiastical, eev'n
to the smiting him with a final excommunion, if he
persist impenitent, what hinders but that the temporal
Law both may and ought, though without a special
text or President, extend with like indifference the os
civil Sword, to the cutting off without exemption him
that capitally offends. Seeing that justice and Rel-
igion are from the same God, and works of justice
ofttimes more acceptable. Yet because that some
lately with the tongues and arguments of Malignant 30
backsliders have writt’n that the Proceedings now in
Parlament against the King, are without president
from any Protestant State or Kingdom, the examples
which follow shall be all Protestant and chiefly Presby-
terian, 38

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28 The Tenure of Kings and Magistrates

In the yeare 1546. The Duke of Saxonie, Lantgrave
of Hessen, and the whole Protestant league raysd open
Warr against Charles the fifth thir Emperor, sent him
a defiance, renounc’d all faith and allegeance toward

s him, and debated long in Counsell whether they should
give him so much as the title of Cesar. Sleidan. 1. 17.
Let all men judge what this wanted of deposing or
of killing, but the power to doe it.

In the year 1559. the? Scotch Protestants claim-

re ing promise of thir Queen Regent for libertie of con-
science, :e answering that promises were not to be
claim’d of Princes beyond what was commodious for
them to grant, told her to her face in the Parlament
then at Sterling, that if it were so, they renounc’d thir

1s obedience ; and soone after betook them to Armes. Buch.
Hist. 1. 16. certainely when; allegeance is renounc'd,
that very hour the King or Queen is in effect depos'd.

In the year 1564. John Knox a most famous divine
and the reformer of Scotland to the Presbyterian dis-

» cipline, at a generall Assembly maintaind op’nly in a
dispute against Lethington the Secretary of State, that
Subjects might and ought execute God’s judgements
upon thir King; that the fact of Jehu and others against
thir King having the ground of Gods ordinary com-

»smand to put such and such offenders to death was
not extraordinary, but to be imitated of all that pre-
ferr’d the honour of God to the affection of flesh
and wicked Princes; that Kings, if they offend, have
no privilege to be exempted from the punishments

3° of Law more then any other subject; so that if the

King be a Murderer, Adulterer, or Idolator, he should

suffer not as a King, but as an offender: and this

position hee repeates againe and againe before them.

Answerable was the opinion of John Craig another
* The begins a new sentence in sec. ed.

The Tenure of Kings and Magistrates 29

learned Divine, and that Lawes made by the tyranny
of Princes, or the negligence of people, thir posterity
might abrogate and reform all things according to
the original institution of Common-welths!, And
Knox being commanded by the Nobilitie to write to ;
Calvin and other learned men for thir judgements in
that question, refus’d; alleging that both himselfe
was fully resolv'd in conscience, and had heard thir
judgements 2, and had the same opinion under hand-
writing of many the most godly and most learned 10
that he knew in Europe; that if he should move the
question to them againe, what should he doe but
shew his owne forgetfulness or inconstancy. All this
is farr more largely in the Ecclesiastic History of
Scotland 1.4. with many other passages to this effect 15
all the book over; set out with diligence by Scotch-
men of best repute among them at the beginning of
these troubles. as if they labourd to inform us what
wee were to doe and what they intended upon the
like occasion. 2

And to let the world know that the whole Church
and Protestant State c” otland in those purest times
of reformation, were o, ine same beleif, three years
after, they met in the feild Mary thir lawful and hered-
itary Queen, took her prisoner, yeilding before fight, es
kept her in prison and the same yeare deposd her.
Buchan, Hist. 1. 18,

And four years after that, the Scots in justification
of thir deposing Queen Mary, sent Embassadors to
Queen Elizabeth, and in a writt'n Declaration alleag'd, 30
that they had us’d towards her more lenity then shee

1°

* The comma is evidently @ misprint; a period takes its place
in sec. ed.
» The word is singular in sec, ed.

g2

30 The Tenure of Kings and Magistrates

deserv'd; that thir Ancestors had heretofore punishd
thir Kings by death or banishment; that the Scots
were a free Nation, made King whom they freely
chose, and with the same freedom, un-Kingd him if
s they saw cause, by right of ancient laws and Cere-
monies yet remaining, and old customes yet among
the High-landers in choosing the head of thir Clanns,
or Families; all which with many more arguments
bore witness that regal power was nothing else but
roa mutuall Covnant or stipulation between King and
people. Buch. Hist. 1.20. These were Scotchmen and
Presbyterians; but what measure then have they
lately offer'd, to think such liberty less beseeming
us then themselves, presuming to put him upon us
ts for a Maister whom thir law scarce allows to be thir
own equall? If now then we heare them in another
straine then heretofore in the purest times of thir
Church, we may be confident it is the voice of Fac-
tion speaking in them, not of truth and Reformation.'
so In the year 1581. the States of Holland, in a gene-
ral Assembly at the Hague, abjur’d all obedience and
subjection to Philip King of Spaine; and in a Decla-
ration justifie thir :.0 doing; for that by his tyrannous

1 Sec. ed. adds: ‘What no less in England then in Scotland,
by the mouthes of those faithful Witnesses commonly call’d
Puritans, and Nonconformists, spake as clearly for the putting
down, yea the utmost punishing of Kings, as in thir several
Treatises may be read; eev’n from the first raigne of Evisabeth
to these times. Insomuch that one of them, whose name was
Gibson, foretold James, he should be rooted out and conclude his
race, if he persisted to uphold Bishops. And that very inscrip-
tion stampt upon the first Coines at his Coronation, a naked
Sword in a hand with these words, Si mereor, in me, Against me,
if I deserve, not only manifested the judgement of that State,
but seem’d also to presage the sentence of Divine justice in this
event upon his Son.’

The Tenure of Kings and Magistrates 31

goverment against faith so oft'n’ giv'n and brok'n,
he had lost his right to all the Belgic Provinces;
that therfore they deposd him and declar'd it lawful
to choose another in his stead. Thuan. 1.74. From
that time, to this no State or Kingdom in the World s
hath equally prosperd: But let them remember not
to look with an evil and prejudicial eye upon thir
neighbours walking by the same rule.

But what need these examples to Presbyterians, I
mean to those who now of late would seem so much 10
to abhorr deposing, whenas they to all Christendom
have giv’n the latest and the liveliest example of
doing it themselves. I question not the lawfulness of
raising Warr against a Tyrant in defence of Religion,
or civil libertie; for no Protestant Church from the:
first Waldenses of Lyons, and Languedoc to this day
but have don it round, and maintaind it lawfuil. But
this I doubt not to affirme, that the Presbyterians,
who now so much condemn deposing, were the men
themselves that deposd the King, and cannot with
all thir shifting and relapsing, wash off the guiltiness
from thir owne hands. For they themselves, by these
thir late doings have made it guiltiness, and turnd
thir own warrantable actions into Rebellion.

There is nothing that so actually makes a King of +s
England, as rightful possession and Supremacy in all
causes both civil and Ecclesiastical; and nothing that
so actually makes a Subject of England, as those two
Oaths of Allegeance and Supremacy observd without
equivocating, or any mental reservation. Out of doubt 3
then when the King shall command things already
constituted in Church, or State, obedience is the true
essence of a subject, either to doe, if it be lawful.
or if he hold the ting unlawful, to submit to that

1 Sec. ed. has many times,

32 The Tenure of Kings and Magistrates

penaltie which the Law imposes, so long as he intends
to remaine a subject. Therefore when the people or
any part of them shall rise against the King and his
autority executing the Law in any thing establishd,
s civil or ecclesiastical, I doe not say it is rebellion, if
the thing commanded, though establishd, be unlaw-
full, and that they sought first all due means of re-
dress (and no man is furder bound to Law) but I say
it is an absolute renouncing both of Supremacy and
re Allegeance, which in one word is an actual and total
deposing of the King, and the setting up of another
supreme autority over them. And whether the Pres-
byterians have not don all this and much more, they
will not put mee I suppose, to reck'n up a seven
ts yeares story fresh in the memory of all men. Have
they not utterly broke the Oath of Allegeance, re-
jecting the Kings command and autority sent them
from any part of the Kingdom, whether in things
law.al or unlawful? Have they not abjur’d the Oath
© of Supremacy by setting up the Parlament without
the King, supreme to all thir obedience, and though
thir Vow and Covnant bound them in general to the
Parlament, yet somtimes adhering to the lesser part
of Lords and Commons that remain’'d faithful, as they
2s terme it, and eev'n of them, one while to the Com-
mons without the Lords, anot’ ur while to the Lords
without the Commons? Have they not still declar'd
thir meaning, whatever their Oath were, to hold them
onely for supreme whom they found at any time
sxemost yeilding to what they petitioned? Both these
Oaths which were the straitest bond of an English
subject in reference to the King, being thus broke
and made voide, it follows undeniably that the
King from that time was by them in fact absolutely
3s deposd, and they no lon er in reality to be thought

The Tenure of Kings and Magistrates 33

his subjects, notwithstanding thir fine clause in the
Covnant to preserve his person, Crown, and dignitie,
set there by som dodging Casuist with more craft
then sinceritie to mitigate the matter in case of ill
success, and not tak’n I suppose by any honest man,
but as a condition subordinate to every the least
particle that might more concerne Religion, liberty,
or the public peace. To prove it yet more plainly
that they are the men who have deposd the King,
I thus argue. We know that King and Subject are
relatives, and relatives have no longer being then in
the relation; the relation between King and Subject,
can be no other then regal autority and subjection.
Hence | inferr past their defending, that if the Subject
who is one relative, takes away the relation, of force
he takes away also the other relative; but the Pres-
byterians, who were one relative, that is say subjects,
have for this sev’n years tak'n away the relation, that
is to say, the Kings autoritie, and thir subjection to
it, therfore the Presbyterians for these sev'n yeares
have removd and extinguish? the other relative, that
is to say the King, or to speake more in brief have
depos'd him; not onely by depriving him the exe-
cution of his autoritie, but by conferring it upon
others. If then thir Oathes of subjection brok’n, new
Supremacy obey'd, new Oaths and Covnants tak’n,
notwithstanding frivolous evasions, have in plaine
termes unking’d the King, much more then hath thir
sev’n yeares Warr not depos’d him onely, but out-
lawd him, and defi’d him as an alien, a rebell to Law,
and enemie to the State. It must needs be cleare to
any man not averse from reason, that hostilitie and
subjection are two direct and positive contraries; and

+ Sec ed. take.
4 Sec ed. extinguished.

34 The Tenure of Kings and Magistrates

can no more in one subject stand together in respect
of the same King, then one person at the sar. time
can be in two remote places. Against whom ther-
fore the Subject is in act of hostility we may be con-
fident that to him he is in no subjection: and in
whom hostility takes place of subjection, fo. they
can by no meanes consist together, to him the King
can bee not onely no King, but an enemie. So that
from hence wee shall not need dispute whether they
have depos’d him, or what they have defaulted to-
wards him as no King, but shew manifestly how much
they have don toward the killing him. Have they
not levied all these Warrs against him whether of-
fensive or defensive (for defence in Warr equally
offends, and most prudently before hand) and giv'n
Commission to slay where they knew his person
could not bee exempt from danger? And if chance
or flight had not sav'd him, how oft’n had they killd
him, directing thir Artillery without blame or prohibition
to the very place where they saw him stand? And
converted his revenew to other uses, and detain'd
from him all meanes of livelyhood, so that for them
long since he might have perisht, or have starv’d??
Have they ot hunted and pursu’d him round about
the Kingdom with sword and fire? Have they not
formerly deny’d to treat with him, and thir now re-
canting Ministers preach'd against him, as a reprobate
incurable, an enemy to God and his church markt
for destruction, and therfore not to bee treated with?
Have they not beseig'd him, and to thir power forbid

‘ The sentence reads thus in sec, ed.: ‘Have they not se-
quester’d him, judg’d or unjudg’d, and converted his revenew to
other uses, detaining from him as a grand Delinquent, all meanes
of livelyhood, so that for them long since he might have perisht,
or have starv'd?’

The Tenure of Kings and Magistrates 35

him Water and Fire, save what they shot against him
to the hazard of his life? Yet while they thus as-
saulted and endangerd it with hostile deeds, they
swore in words to defend it with his Crown and
dignity; not in order, as it seems now, to a firm and 5
lasting peace, or to his repentance after all this blood;
but simply without regard, without remorse or any
comparable value of all the miseries and calamities
suffer'd by the poore people, or to suffer hereafter
through his obstinacy or impenitence. No under- 10
standing man can be ignorant that Covnants are ever
made according to the present state of persons and
of things; and have ever the more general laws of
nature and of reason included in them, though not
express’d. If I make a voluntary Covnant as with ss
a man to doe him good, and hee prove afterward
a monster to me, I should conceave a disobligement.
If I covnant, not to hurt an enemie, in favor of him
and forbearance, and he f his ainendment, and he,
after that, shall doe me tenfould injury aad mischief 2
to what hee had don when I so Covnanted, and stil!
be plotting what may tend to my destruction, I question
not but that his after actions release me: nor know
I Covnant so sacred that withholds mee from de-
manding justice on him. Howbeit, had not thir os
distrust in a good cause, and tae fast and loos of
our prevaricatine Divines oversway'd, it had bin
doubtless better, ot to have inserted in a Covnant
unnecessary obligations, and words not works of
a supererogating Allegeance to thir enemy; no way 3e
advantageous to themselves, had the King prevail’d
as to tir cost many would have felt; but full of snare
and distraction tc our friends, useful onely, as we
now find, to our adversaries, who under such a lati-
tude and shelter of ambiguous interpretation have 3s

36 The Tenure of Kings and Magistraies

ever since been plotting and contriving new opportu-
nities to trouble all againe. How much better had it
bin, and more becoming an undaunted vertue to
have declard op’nly and boldly whom and what,
the people were to hold Supreme, as on the like oc-
casion Protestants have don before, and many con-
scientious men now in these times have more then
once besought the parlament to doe, that they might
g0 on upon a sure foundation, and not with a ridling
Covnant in thir mouthes seeming to sweare counter
almost in the same breath Allegeance and no AI-
legeance; which doubtless had drawn off all the
minds of sincere men from siding with them, had they
not discern’d thir actions farr more deposing him then
thir words upholdin; him; which words made now
the subject of cavillous interpretations, stood ever in
the Covnant by judgement of the more discerning
sort an evidence of thir feare not of thir fidelity.
What should I return to speak on, of those attempts
for which the King himself hath oft'n charg’d the
Presbyterians of seeking his life, whenas in the due
estimation of things, they might without a fallacy be
sayd to have don the deed outright. Who knows
not that the King is a name of dignity and office,
not of person: Who therefore kills a King, must kill
him while he is a King. Then they certainly who
by deposing him have long since tak’n from him the
life of a King, his office and his dignity, they in the
truest sence may be said to have killd the King: not
onely by thir deposing and waging Warr against him,
which besides the danger to his personal life, set him
in the fardest opposite point from any vital function
of a King, but by thir holding him in prison vanquishd
and yeilded into thi: absolute and despotic power,
3s which brought him to the lowest degradement and in-

The Tenure of Kings and Magistrates 37

capacity of the regal name. I say not by whose match-
less valour next under God, lest the story of thir in-
gratitude thereupon carry me from the purpose in hand
which is to convince them, that they which I repeat
againe, were the men who in the truest sense killd the s
King, not onely as is provd before, but by depressing
him thir King farr below the rank of a subject to
the condition of a Captive, without intention to
restore him, as the Chancellour of Scotland ina speech
told him plainly at Newcastle, unless hee granted fully so
all thir \.mands, which they knew he never meant.
Nor did they Treat or think of Treating with him,
till thir hatred to the Army that deliverd them, not
thir love or duty to the King, joyn'd them secretly
with men sentencd so oft for Reprobates in thir own 1s
mouthes, by whose sr le inspiring they grew madd
upon a most tardy a1 improper Treaty, Wheras if
the whole bent of thir actions had not bin against
the Kinge himselfe, but against his evill Councel,! as
they faind, and publishd, whereforr did they not 2
restore lim all that while to the tru |-fe of a Kirg,
his Office, Crown, and Dignity, whil: } e was in thir
power, and they themselves his neerest Counselers.
The truth therefore is, both that they would not, and
that indeed they could not without thir owne certaine +
destruction, having reduc’d him to such a final pass,
as was the very death and burial of all in him that
was regal, and from whence never King of England
yet reviv'd, but by the new re-inforcement of his own
party, which was a kind of resurrection to him. Thus 3
having quite extinguisht all that could be in him of
a King, and from a total privation clad him over, like
another specifical thing, with formes and habitudes
destructive to the former, they left in his person, dead
* Sec. ed. but only against his evill counselers.

38 The Tenure of Kings and Magistrates

as to Law and all the civil right either of King or
Subject the life onely of a Prisner, a Captive and a
Malefactor. Whom the equal and impartial hand of
justice finding, was no more to spare then another
s ordinary man; not onely made obnoxious to the doome
of Law by a charge more than once drawn up against
him, and his own confession to the first article at
Newport, but summond and arraignd in the sight of
God and his people, curst and devoted to perdition
se worse then any Ahab, or Antiochus, with exhortation
to curse all those in the name of God that made not
warr against him, as bitterly as Meroz was to be curs’d,
that went not out against a Canaanitish King, almost
in all the Sermons, Prayers, and Fulminations that have
1s bin utterd this sev’n yeares by those clov'n tongues
of falshood and dissention, who now, to the stirring
up of new discord, acquitt him; and against thir owne
discipline, which they boast to be the throne and
scepter of Christ, absolve him, unconfound him, though
sounconverted, unrepentant, unsensible of all thir
pretious Saints and Martyrs whose blood they have
so oft layd upon his head: and now againe with a
new sovran anointment can wash it all off, as if it
were as vile, and no more to be reckn’d for then the
2s blood of so many Dogs in the time of Pestilence:
giving the most opprobrious lye to all the acted zeale
that for these many years hath filld thir bellies, and
fed them fatt upon the foolish people. Ministers of
sedition, not of the Gospell, who while they saw it
3e manifestly tend to civil Warr and bloodshed, never
ceasd exasperating the people against him; and now
that they see it likely to breed new commotion, cease
not to incite others against the people that have savd
them from him, as if sedition were thir onely aime,
ss whether against him or for him. But God as we have

The Tenure of Kings and Magistrates 39

cause to trust, will put other thoughts into the people,
and turn them from looking after these firebrands, *
of whose fury, and fals prophecies we have anough
experience; and from the murmurs of new discord
will incline them to heark’n rather with erected minds
to the voice of our supreme Magistracy, calling us to
liberty and the flourishing deeds of a reformed Common-
wealth; with this hope that as God was heretofore
angry with the Jews who rejected him and his forme
of Goverment to choose a King, so that he will bless
us, and be propitious to us who reject a King to make
him onely our leader and supreme governour in the
conformity as neer as may be of his own ancient
goverment; if we have at least but so much worth in
us to entertaine the sense of our future happiness,
and the courage to receave what God voutsafes us:
wherin we have the honour to precede other Nations
who are now labouring to be our followers. For as
to this question in hand what the people by thir just
right may doe in change of goverment, or of gover-
nour, we see it cleerd sufficiently; besides other ample
autority eev’n from the mouths of Princes themselves.
And surely that shall boast, as we doe, to be a free
Nation, and not have in themselves the power to
remove, or to abolish any governour supreme, or
subordinate with the goverment itself upon urgent
causes, may please thir fancy with a ridiculous and
painted freedom, fit to coz’n babies; but are indeed
under tyranny and servitude; as wanting that power,
which is the root and sourse of all liberty, to dispose
and oceconomize in the Land which God hath giv'n
them, as Maisters uf Family in thir own house and

* Sec. ed. reads: ‘and turn them from giving eare or heed

to these Mercenary noisemakers.’
* A comma follows subordinate in sec. ed.

40 The Tenure of Kings and Magistrates

frée inheritance. Without which natural and essential
power of a free Nation, though bearing high thir
heads, they can in due esteem be thought no better
then slaves and vassals born, in the tenure and
s occupation of another inheriting Lord. Whose g er-
ment, though not illegal, or intolerable, hangs” er
them as a Lordly Scourge, not as free govermc ut;
and therfore to be abrogated. How much more justly
then may they fling off tyranny or tyrants?! who
te being once depos’d can be no more then privat men,
as subject to the reach of Justice and arraignment as
any other transgressors. And certainly if men, not to
speak of Heathen, both wise and Religious have don
justice upon Tyrants what way they could soonest,
show much more mild and human then is it to give
them faire and op'n tryall? To teach lawless Kings
und all that? so much adore them, that not mortal
man, or his imperious will, but Justice is the onely
true sovran and supreme Majesty upon earth. Let
semen cease therfore out of faction and hypocrisie to
make out-crys and horrid things of things so just and
honorable.? And ifthe Parlament and Military Councel
do what they doe without president, if it appeare
thir duty, it argues the more wisdom, vertue, and
*s magnanimity, that they know themselves able to be
a president to others. Who perhaps in future ages

1 The question-mark is replaced by a semicolon in sec. ed,

2 Sec. ed. who,

* The sec. ed. adds: ‘Though perhaps till now no Protestant
State or kingdom can be alleg’d to have op’nly put to death thir
King, which lately some have writt’n, and imputed to thir great
glory; much mistaking the matter. It is not, neither ought to
be the glory of a Protestant State, never to have put thir King
to death; It is the glory of a Protestant King never to have
deserv’d death.’

* Sec. ed. dnew,

The Tenure of Kings and Magistrates 41

if they prove not too degenerat, will look up with
honour and aspire toward these exemplary,and matchless
deeds of thir Ancestors, as to the highest top of thir
civil glory and emulation. Which heretofore in the
persuance of fame and forren dominion spent it self s
vain-gloriously abroad; but henceforth may learn a
better fortitude to dare execute highest Justice on
them that shall by force of Armes endeavour the
oppressing and bereaving of Religion and thir liberty
at home: that no unbridl’d Potentate or Tyrant, but
to his sorrow for the future, may presume such high
and irresponsible licence over mankinde to havock
and turn upside-down whole Kingdoms of men as
though they were no more in respect of his perverse
will then a Nation of Pismires. As for the party calld ss
Presbyterian, of whom I beleive very many to be good
and faithful Christians misled by som of turbulent
spirit, I wish them earnestly and calmly not to fall
off from thir first principles; nor to affect rigor and
superiority over men not under them; not to compell :
unforcible things in Religion especially, which if not
voluntary, becomes a sin; nor to assist the clamor
and malicious drifts of men whom they themselves
have judg’d to be the worst of men, the obdurat
enemies of God and his Church; nor to dart against »s
the actions of thir brethren, for want of other argument
those wrested Lawes and Scriptures thrown by Prelats
and Malignants against thir own sides, which though
they hurt not otherwise, yet tak’n up by them to the
condemnation of thir own doings, give scandal to all 3°
men and discover in themselves either extreame passion,
or apostacy. Let them not oppose thir best friends
and associats who molest them not at all, infringe
not the least of thir liberties; unless they call it
thir liberty to bind other mens consciences, but are 3s

42 The Tenure of Kings and Magistrates

still seeking to live at peace with them and brotherly
accord. Let them beware an old and perfet enemy,
who though he hope by sowing discord to make them
his instruments, yet cannot forbeare a minute the op’n
threatning of his destind revenge upon them, when
they have servd his purposes. Let them feare ther-
fore, if they bee wise, rather what they have don
already, then what remaines to doe, and be warn’d in
time they put no confidence in Princes whom they
have provokd, lest they be added to the examples
of those that miserably have tasted the event. Stories
can inform them how Christiern the sec ond, King of
Denmark not much above a hundred yeares past,
driv’n out by his Subjects, and receavd againe upon
new Oaths and conditions, :broke through them all
to his most bloody revenge ; slaying his cheif opposers
when he saw his time, both them and thir children
invited to a feast for that purpose. How Mazimilian
dealt with those of Bruges, though by mediation of
the German Princes reconcil’d to them by solemn and
public writings drawn and seald. How the massacre
at Paris was the effect of that credulous peace which
the French Protestants made with Charles the ninth
thir king: and that the main visible cause which to
this day hath sav'd the Netherlands from utter ruine,
was thir finall not beleiving the perfidious cruelty
which as a constant maxim of State hain bin us’d by
the Spanish Kings on thir Subjects that have tak'n
armes and after trusted them; as no later age but can
testifie, heretofore in Belgia it self, and this very y_are
in Naples. And to conclude with one past exception,
though farr more ancient, David, when once hee had
tak’n Armes, never after that trusted Saul, though with
tears and much relenting he twise promis'd not to
ashurt him. These instances, few of many, might

The Tenure of Kings and Magistrates 43

admonish them both English and Scotch not to let
thir owne ends, and the driving on of a faction
betray them blindly into the snare of those enemies
whose revenge looks on them as the men who first
begun, fomented and carri’d on beyond the cure of s
any sound or safe accomodation all the evil which
hath since unavoidably befall'n them and thir king.
I have something also to the Divines, though brief
to what were needfull; not to be disturbers of the
civil affairs, being in hands better able, and more t
belonging, to manage them; but to study harder and
to attend the office of good Pastors, knowing that
he whose flock is least among them hath a dreadfull
charge, not performd by mounting twise into the
chair with a formal preachment huddl’d up at thes
odd hours of a whole lazy week, but by incessant
pains and watching in season and out of season, from
house to house over the soules of whom they have to
feed. Which if they ever well considerd, how little
leasure would they find to be the most pragmatical 2
Sidesmen of every popular tumult and Sedition? And
all this while are to learne what the true end and
reason is of the Gospel which they teach; and what
a world it differs from the censorious and supercilious
lording over conscience. It would be good also they +s
liv'd so as might perswade the people they hated
covetousness, which worse then heresie, is idolatry;
hated pluralities and all kind of Simony ; left rambling
from Benefice to Benefice, like rav’nous Wolves, seek-
ing where they may devour the biggest. Of which so
if som, well and warmely seated from the beginning,
be not guilty, twere good they held not conversation
with such as are: let them be sorry that being call’d
to assemble about reforming the Church, they fell
to progging and solliciting the Parlament, though :s
h

44 The Tenure of Kings and Magistrates

they had renouncd the name of Priests, for a new
setling of thir Tithes and Oblations; and double lin'd
themselves with spiritual places of commoditie beyond
the possible discharge of thir duty. Let them as-
ssemble in Consistory with thir Elders and Deac -ns,
according to ancient Ecclesiastical rule, to the pre-
serving of Church discipline, each in his several
charge, and not a pack of Clergie men by them-
selves to belly cheare in thir presumptuous Sion, or
xe to promote designes, abuse and gull the simple Laity,
and stirr up tumult, as the Prelats did, for the mainten-
ance of thir pride and avarice. These things if they
observe and waite with patience, no doubt but all
things will goe well without their importunities or
ssexclamations: and the Printed letters which they
send subscrib’d with the ostentation of great Charac-
ters and little moment, would be more co..ziderable
then now they are. But if they be the Ministers of
Mammon instead of Christ, and scandalize his Church
se with the filthy love of gaine, aspiring also to sit the
closest and the heaviest of all Tyrants, upon the con-
science, and fall notoriously into the same sins, where-
of so lately and so loud they accus’d the Prelates,
as God rooted out those! immediately before, so will
»s he root out them thir imitators: and to vindicate his
own glory and Religion will uncover thir hypocrisie
to the open world; and visit upon thir own heads
that curse ye Meroz, the very Motto of thir Pulpits,
wherwith so frequently, not as Meroz, but more like
se Atheists they have mock’d* the vengeance of God,
and the zeale of his people.* And that they be not

4 Sec, ed. adds wicked ones,

» The sec, ed. reads: ‘ Blasphem’d the vengeance of God, and
traduc’d the zeale of his people,’

* The first edition ends here.

The Tenure of Kings and Magistrates 45

what they goe for, true Ministers of the Protestant
doctrine, taught by those abroad, famous and religious
men, who first reformd the Church, or by thos: no
less zealous, who withstood corruption and th. Bish-
ops heer at home, branded with the name of Puri- 3
tans and Nonconformists, wee shall abound with testi-
monies to make appeare; that men may yet more
fully know the difference between Protestant Divines
and these Pulpit-firebrands.

Luther. 10
Lib. contra Rusticos apud Sleidan. 1. 6.

Is est hodie rerum status, etc. Such is the state of
things at this day, that men neither can, nor will, nor
indeed ought to endure longer the domination of you
Princes. 15

Neque vero Cesarem, etc. Neither is Cesar to make
warr as head of Christ’ndom, Protector of the Church,
Defender of the Faith; these Titles being fals and Windie,
and most Kings being the greatest Enemies to religion.
Lib. De bello contra Turcas. apud Sleid. 1.14. What so
hinders then, but that we may depose or punish them?

These also are recited by Cochlaeus in his Miscellanie:
to be the words of Luther, or some other eminer
Divine, then in Germany, when the Protestants there
entred into solemn Covenant at Smalcaldia. Ut ora 35
iis obturem, etc. That I may stop thir mouthes, the
Pope and Emperor are not born but elected, and may
also be depos’d, as hath bin oft’n don. If Luther, or
whoever els thought so, he could not stay there; for
the right of birth or succession can be no privilege 30
in nature to let a Tyrant sit irremoveable over a
Nation free born, without transforming that Nation
from the nature and condition of men born free, into
natural, hereditary and successive slaves. Therefore

h2

46 The Tenure of Kings and Magistrates

he saith furder; To displace and throw down this Ex-
actor, this Phalaris, this Nero, is a work well pleasing
to God; Namely, for being such a one: which is a
moral reason. Shall then so slight a consideration
sas his happ to be not elective simply, but by birth,
which was a meer accident, overthrow that which is
moral, and make unpleasing to God that which other-
wise had so well pleasd him? Certainly not: for if
the matter be rightly argu’d, Election much rather
xethen chance, bindes a man to content himself with
what he suffers by his own bad Election. Though
indeed neither the one nor other bindes any man,
much less any people to a necessary sufferance of
those wrongs and evils, which they have abilitie and
ss strength anough giv'n them to remove.

Zwinglius. tom. 1. articul. 42.

Quando vero perfidé, etc. When Kings raigne per-
Jidiously, and against the rule of Christ, they may ac-
cording to the word of God be depos’d.

se Mihi ergo compertum non est, etc. JI know not how
it comes to pass that Kings raigne by succession, unless
it be with consent of the whole people. ibid.

Quum vero consensu, etc. But when by suffrage and
consent of the whole people, or the better part of them,

»s@ Tyrant is depos’d or put to death, God is the chief
leader in that action. ibid.

Nunc cum tam tepidii sumus, etc. Now that we are
so luke warm in upholding public justice, we indure the
vices of Tyrants to raigne now a dayes with impunity ;

so justly theryore by them we are trod underfoot, and
shall at length with them be punisht. Yet ways are not
wanting by which Tyrants may be remoov’d, but there
wants public justice. ibid.

Cavete vobis 6 tyranni, etc. Beware yee Tyrants

The Tenure of Kings and Magistrates 47

for now the Gospell of Jesus Christ spreading farr and
wide, will renew the lives of many to love innocence and
justice; which if yee also shall doe, yee shall be honourd.
But if yee shall goe on to rage and doe violence, ye shall
be trampl’d on by all men. ibid. s
Romanum imperium imd quodq; etc. When the
Roman Empire or any other shall begin to oppress Religion,
and wee negligently suffer it, wee are as much guilty of
Religion so violated, as the Oppressors themselvs. Idem
epist. ad Conrad. Somium. 10

Calvin on Daniel. c. 4. v. 25.

Hocie Monarchae semper in suis titulis, etc. Now
adays Monarchs pretend alwayes in thir Titles, to be
Kings by the grace of God: but how many of them to
this end onely pretend it, that they may raigne without 15
controule ; for to what purpose is the grace of God men-
tioned in the Title of Kings, but that they may acknow-
ledge no Superiour? In the meane while God, whose
name they use, to support themselves, they willingly would
tread under thir feet. It is therfore a meer cheat when 20
they boast to raigne by the grace of God.

Abdicant se terreni principes, etc. Earthly Princes
depose themselves while they rise against God, yea they
are unworthy to be numberd among men: rather it be-
hooves us to spitt upon thir heads then to obey them. »s
On Dan: c. 6. v, 22.

Bucer on Matth. c. 6.

Si princeps superior, etc. Jf a Sovran Prince en-
deavour by armes to defend transgressors, to subvert those
things which are taught in the word of God, they who 3
are in autority under him, ought Jirst to disswade him ;
if they prevaile not, and that he now beares himself not
as @ Prince, but as an enemie, and seekes to violate priv-

48 The Tenure of Kings and Magistrates

ileges and rights granted to inferior Magistrates or com-
monalities, it is the part of pious Magistrates, imploring
Jirst the assistance of God, rather to try all ways and
means, then to betray the flock of Christ, to such an
senemie of God: for they also are to this end ordain’d,
that they may defend the people of God, and maintain
those things which are good and just. For to have su-
Preme power less’ns not the evil committed by that power,
but makes it the less tolerable, by how much the more

re generally hurtful. Then certainly the less tolerable,
the more unpardonably to be punish'd.

Of Peter Martyr we have spoke before.

Paraeus in Rom. 18.
Quorum est constituere magistratus, etc. They whose
1s part it is to set up Magistrates, may restrain them also
Jrom outragious deeds, or pull them down; but all Mag-
istrates are set up either by Farlament, or by Electors,
or by other Magistrates ; they therfore who exalted them,

may lawfully degrade and punish them.
se Of the Scotch Divines I need not mention others
then the famousest among them, Knoz, and his fellow
Labourers in the reformation of Scotland; whose large
Treatises on this subject, defend the same Opinion.
To cite them sufficiently, were to insert thir whole
2s Books, writt’n purposely on this argument. Knox
Appeal; and to the Reader; where he promises in a
postscript that the Book which he intended to set
forth, call’d, The second blast of the Trumpet, should
maintain more at large, that the same men most justly
3e may depose, and punish him whom unadvisedly they
have elected, notwithstanding birth, succession, or
any Oath of Allegeance. Among our own Divines,
Cartwright and Fenner, two of the Lernedest, may in
reason satisfy us what was held by the rest. Fenner

The Tenure of Kings and Magistrates 49

in his Book of Theologie maintaining, That they who
have power, that is to say, a Parlament, may cither by
Saire meanes or by force depose a Tyrant, whom he
defines to be him, that wilfully breakes all, or the
principal conditions made between him and the Com- s
mon-wealth. Fen. Sac. Theolog. c. 18. and Cartwi ight
in a prefix'd Epistle testifies his approbation of the
whole Book.

Gilby de Obedientia. p. 25. and 105.
Kings have thir autoritie of the people, who may up mM 9
Occasion re-assume it to themselves.

Englands Complaint against the Canons.
The people may kill wicked Princes as monsters and
cruel beasts,

Christopher Goodman of Obedience. 15

When Kings or Rulers become blasphemers of God,
oppressers and murderers of thir subjects, they ought
no more to be accounted Kings or lawfull Magistrates,
but as privat men to be examind, accus'd, condemn'd
and punisht by the Law of God, and being convicted ..
and punisht by that Law, it is not mans but Gods
doing, c. 10. p. 139.

By the civil laws a foole or Idiot born, and so
prov'd, shall loose the lands and inheritance whereto
he is born, because he is not able to use them aright. 4;
And especialiy ought in no case be sufferd to have
the goverment of a whole Nation; But there is no
such evil can come to the Common-wealth by fooles
and idiots as doth by the rage and fury «f ungodly
Rulers; Such therfore being without God ought to ,.
have no autority over Gods people, who by his Word
requireth the contrary. c. 11. p. 148, 144.

No person is exempt by any Law of God from this

50 The Tenure of Kings and Magistrates

punishment, be he King, Queene, or Emperor, he must
dy the death, for God hath not plac'd them above
others, to transgress his laws as they list, but to be
subject to them as well as others, and if they be sub-
s ject to his laws, then to the punishment also, so much
the more as thir example is more dangerous. ¢, 18,
p. 184,
When Magistrates cease to doe thir Duty, the
people are as it were without Magistrates, yea worse,
eand then God giveth the sword into the peoples
hand, and he himself is become immediatly thir head.
p. 185,
If Princes doe right and keep promise with you,
then doe you owe to them all humble obedience: if
‘snot, yee are discharg'd, and your study ought ‘. be
in this case how ye may depose and punish according
to the Law, such Rebels against God and oppressors
of thir Country. p. 190,
This Goodman was a Minister of the English Church
20 at Geneva, as Dudley Fenner was at Middleburrough, or
some other place in that country. These were the
Pastors of those Saints and Confessors who flying
from the bloudy persecution of Queen Mary, gather’d
up at length thir scatterd members into many Con-
*s gregations; wherof som in Upper, some in lower
Germany, part of them settl'd at Geneva, where this
Author having preachd on this subject, to the great
liking of certain lerned and godly men who heard
him, was by them sundry times and with much instance
serequir'd to write more fully on that poi . Who
therupon took it in hand, and conferring with the
best lerned in thos parts (among whom Calvin was
then living in the same City) with their special appro-
bation he publisht this treatise, aiming principally, as:
asis testify'd by Whittingham in the Preface, that his

The Tenure of Kings and Magistrates 51

brethren of England the Protestants, might be per-
swaded in the truth of that Doctrine concerning obe-
dience to Magistrates. Whittingham in Prefat,

These were the true Protestant Divines of England,
our fathers in the faith we hold; this was their sense, 5
who for so many yeares labouring under Prelacy,
through all stormes and persecutions kept Religion
from extinguishing and deliverd it pure to us, till
there arose a covetous and ambitious generation of
Divines (for Divines they call themselves) who feining 1
on a sudden to be new converts and Proselytes from
Episcopacy, under which they had long temporiz’d,
op'nd thir mouthes at length, in shew against
Pluralities and Prelacy, but with intent to swallow
them down both, gorging themselves like Harpy’s :s
on those simonious places and preferments of thir
outed predecessors, as the quarry for which they
hunted, not to pluralitie onely but to multiplicitie:
for possessing which they had accusd them thir
Brethren, and aspiring under another title to the same »
authoritie end usurpation over the consciences of
all men.

Of this faction divers reverend and lerned Divines,
as they are stil'd in the Phylactery of thir own Title
page, pleading the lawfulness of defensive Armes «5
against this king, in a Treatise call’d Scripture and
Reason, seem in words to disclaime utterly the deposing
of a king; but both the Scripture and the reasons
which they use, draw consequences after them, which
without their bidding conclude it lawfull. For if by se
Scripture, and by that especially to the Romans, which
they most insist upon, Kings, doing that which is con-
trary to Saint Pauls definition of a Magistrat, may be
resisted, they may altogether with as much force of
circumstance be depos’d or punishd. And if by reason ss

52 The Tenure of Kings and Magistrates

the unjust autority of Kings may be forfeted in part,
and his power be reassum’d in part, either by the Parla-
ment or People, for the case in hagard and the present
necessitie, as they affirm, p. 84. there can no Scripture
s be alleg'd, no imaginable reason giv’n, that necessity
continuing, as it may alwayes, and they in all prudence
and thir duty may take upon them to foresee it, why
in such a case they may not finally amerce him with
the loss of his Kingdom, of whose amendment they
zehave no hope. And if one wicked action persisted
in against Religion, Laws and liberties may warrant
us to thus much in part, why may not forty times
as many tyrannies, by him committed, warrant us to
Proceed on restraining him, till the restraint become
+s total. For the ways of justice are exactest proportion ;
if for one trespass of a king it require so much rem-
edie or satisfaction, then for twenty more as hain-
ous crimes, it requires of him twentyfold; and so
proportionably, till it com to what is utmost among
semen. If in these proceedings against thir king they
may not finish by the usual cours of justice what
they have begun, they could not lawfully begin at
all. For this golden rule of justice and moralitie, as
well as of Arithmetic, out of three termes which they
+s admitt, will as certainly and unavoydably bring out
the fourth, as any Probleme that ever Euclid, or
Apollonius made good by demonstration.
And if the Parlament, being undeposable but by
themselves, as is affirm’d, p. 37, 88, might for his
x whole life, if they saw cause, take all power, author-
ity, and the sword out of his hand, which in effect
is to unmagistrate him, why might they not, being
then themselves the sole Magistrates in force, proceed
, to punish him who being lawfully depriv’d of all things
as that define a Magistrate, can be now no Magistrate

The Tenure of Kings and Magistrates 53

to be degraded lower, but an offender to be punisht.
Lastly, whom they may defie, and meet in battell,
why may they not as well prosecute by justice? For
lawfull warr is but the execution of justice against
them who refuse Law. Among whom if it be lawfull s
(as they deny not, p. 19, 20) to slay the king himself
comming in front at his own peril, wherfore may not
justice doe that intendedly, which the chance of a
defensive warr might without blame have don casually,
nay purposely, if ‘there it finde him among the rest. 1
They aske p. 19. By what rule of Conscience or God,
@ State is bound to sacrifice Religion, Laws and liberties,
rather then a Prince defending such as subvert them,
should com in hazard of his life. And I ask by what
conscience, or divinity, or Law, or reason, a State is 1s
bound to leave all these sacred concernments under
a perpetual hazard and extremity of danger, rather
then cutt off a wicked prince, who sitts plotting day
and night to subvert them: They tell us that the Law
of nature justifies any man to defend himself, eev'n 2
against the King in Person: let them shew us then
why the same Law may not justifie much more a
State or whole people, to doe justice upon him, against
whom each privat man may lawfully defend himself;
seeing all kind of justice don, is a defence to good +s
men, as well as a punishment to bad; and justice
don upon a Tyrant is no more but the necessary
self-defence of a whole Common wealth. To Warr
upon a king, that his instruments may be brought
to condigne punishment, and therafter to punish 30
them the instruments, and not to spare onely,
but to defend and honour him the Author, is the
strangest peece of justice to be call’d Christian and
the strangest peece of reason to be call’d human,
that by men of reverence and learning, as thir stile 3s

54 The Tenure of Kings and Magistrates

imports them, ever yet was vented. They maintain
in the third and fourth Section, that a Judge or in-
ferior Magistrate, is anointed of God, is. his Minister,
hath the Sword in his hand, is to be obey'd by St.
s Peters rule, as well as the Supreme, and without dif-
ference any where exprest: and yet will have us fight
against the Supreme till he remove and punish the
inferior Magistrate (for such were greatest Delinquents)
when as by Scripture and by reason, there can no
emore autority be shown to resist the one then the
other; and altogether as much, to punish or depose
the Supreme himself, as to make Warr upon him, till
he punish or deliver up his inferior Magistrates, whom
in the same terms we are commanded to obey, and
snot to resist. Thus while they, in a cautious line
or two here and there stuft in, are onely verbal against
the pulling down or punishing of Tyrants, all the
Scripture and the reason which they bring, is in every
leafe direct and rational to inferr it altogether as
2 lawful, as to resist them. And yet in all thir Sermons,
as hath by others bin well noted, they went much
further. For Divines, if ye observe them, have thir
postures and thir motions no less expertly, and with
no less variety then they that practice feats in the
+s Artillery-ground. Sometimes they seem furiously to
march on, and presently march counter; by and by
they stand, and then retreat; or if need be can face
about, or wheele in a whole body, with that cunning
and dexterity as is almost unperceavable; to winde
sethemselves by shifting ground into places of more
advantage. And Providence onely must be the drumm,
Providence the word of command, that calls them
from above, but always to som larger Benefice, or
acts them into such or such figures, and promotions.
as At thir turnes and doublings no men readier; to the

The Tenure of Kings and Magistrates 55

right, or to the left; for it is thir turnes which they
serve cheifly; heerin onely singular, that with them
there is no certain hand right or left; but as thir
own commodity thinks best to call it. But if there
come a truth to be defended, which to them, and
thir interest of this world seemes not so profitable,
strait these nimble motionists can finde no eev’n leggs
to stand upon: and are no more of use to reformation
throughly performd, and not superficially, or to the
advancement of Truth (which among mortal men is
alwaies in her progress) then if on a sudden they
were strook maime and crippl'd. Which the better
to conceale, or the more to countnance by a general
conformity to thir own limping, they would have
Scripture, they would have reason also made to halt
with them for company; and would putt us off with
impotent conclusions, lame and shorter then the pre-
mises. In this posture they seem to stand with great
zeale and confidence on the wall of Sion; but like
Jebusites, not like Israelites, or Levites: blinde also as
well as lame, they discern not Darid from Adonibezec ;
but cry him up for the Lords anointed, whose thumbs
and great toes not long before they had cut off upon
thir Pulpit cushions. Therfore he who is our onely
King, the root of David, and whose Kingdom is eter-
nal righteousness, with all those that Warr under him,
whose happiness and final hopes are laid up in that
onely just and rightful kingdom (which we pray in-
cessantly may com soon, and in so praying with hasty
ruin and destruction to all Tyrants) eev’n he our im-
mortal King, and all that love him, must of necessity
have in abomination these blind and lame Defenders
of Jerusalem; as the soule of David hated them, and
forbid them entrance into Gods House, and his own.
But as to those before them, which I cited first (and 3s

56 The Tenure of Kings and Magistrates

with an easie search, for many more might be added)
as they there stand, without more in number, being
the best and chief of Protestant Divines, we may
follow them for faithful Guides, and without doubting
smay receive them, as Witnesses abundant of what
wee heer affirm concerning Tyrants. And indeed I
find it generally the cleere and positive determination
of them all, (not prelatical, or of this late faction sub-
prelatical) who have writt'n on this argument; that
roto doe justice on a lawless King, is to a privat man
unlawful, to an inferior Magistrate lawfull: or ~ they
were divided in opinion, yet greater then these here
alleg’d, or of more autority in the Church, there can
be none produc’d. If any one shall goe about by
+s bringing other testimonies to disable these, or by
bringing these against themselves in other cited pas-
sages of thir Books, he will not onely faile to make
good that fals and impudent assertion of those mutin-
ous Ministers, that the deposing anc punishing of a
» King or Tyrant, is against the constant Judgement of all
Protestant Divines, it being quite the contrary, but will
prove rather, what perhaps he intended not, that the
judgement of Divines, if it be so various and inconstant
to it self, is not considerable, or to be esteem’d at all.
+s Ere which be yielded, as I hope it never will, these
ignorant assertors in thir own art will have prov'd
themselves more and more, not to be Protestant Di-
vines, whose constant judgement in this point they
have so audaciously bely’d, but rather to be a pack
se of hungrie Church-wolves, who in the steps of Simon
Magus thir Father, following the hot sent of double
Livings and Pluralities, advousons, donatives, induc-
tions and augmentations, though uncall'd to the Flock
of Christ, but-by the meer Suggestion of thir Bellies,
as like those priests of Bel, whose pranks Daniel found

The Tenure of Kings and Magistrates 57

out; have got possession, or rather seis’d upon the
Pulpit, as the strong huld and fortress of thir sedition
and rebellion against the civil Magistrate. Whose
friendly and victorious hand having rescu'd them from
the Bishops, thir insulting Lords, fed them plenteously, s
both in public and in privat, rais’d them to be high
and rich of poore and base; onely suffer'd not thir
Covetousness and fierce ambition, which as the pitt
that sent out thir fellow locusts, hath bin ever bottom-
less and boundless, to interpose in all things, and 10
over all persons, thir impetuous ignorance and im-
portunity.

(THE END]

NOTES.

8.1. If men, etc. In this opening paragraph Milton has
in mind all opponents of the Cromwellian party, and especi-
ally the Scotch and English Presbyterians,

3.6. But being slaves rithin docres. Living under a
domestic tyranny. Alfred Stern (Milton und seine Zeit 1. 488)
says that these words will recall to every reader the conflict
between Milton and the Presbyterians over his theory of
divorce.

8.9. None can love freedom heartilie, but good men.
Milton based both political and artistic excellence on char-
acter. Cf. Apol. Smect. (Bohn 3. 118).

8.13. Tyrants are not oft offended, etc. Cf. Aristotle,
Politics, 5.11.12: ‘Tyrants are always fond of bad men, be-
cause they love to be flattered, but no man who has the
spirit of a free man in him will demean himself by flattery.’

8.15. Them they feare in earnest. Milton probably owes
this thought to George Buchanan. Cf. De Jure Regni apud
Scotos. Trans. R. Macfarlan, p. 199: ‘But why should we
look for a surer witness of what tyrants deserve than their
own conscience? Hence springs their perpetual fear of all,
and particularly of good men.’ See also Raleigh, The Cabinet-
Council (Works, ed. Birch 1. 96): They [tyrants] are also
Protectors of impious Persons, and stand in daily doubt of
noble and virtuous Men.

8.24, Others. Cromwell and his supporters.

8.26. The curse. See Jer. 48, 4.

4.2. These men. The Presbyterians.

4.4, Juggl’d and palter’d with the World. A picturesque
phrase insinuating that the Presbyterians, especially their
ministers, had played the part of patriots because it was to
their material advantage to do so. Cf.Shak. Macbeth 6.8.20:

Those juggling fiends
That palter with us in a double sense.

i

60 The Tenure of Kings and Magistrates

4. 4. Bandied. The origin of this word is obscure, but
it is probably derived from the game of tennis, or bandy,
meaning to throw or strike a ball from side to side. The
allusion here seems to be to the uncertainty of the Scots in
their relation to Charles I. First they were against him,
then for him, then they sold him to the English Parliament
and finally they cried up loyalty and obedience. Cf. Odserv.
Art. Peace (Bohn. 2. 195): Conspiring and bandying against
the common good.’

4.8. And their pamphlets. A flood of pamphlets greeted
Charles’ attempts to force ritualism upon Scotland. On March
30, 1640, the king issued a proclamaticn against ‘libellous
and seditious Pamphlets and Discourses from Scotland.’ The
authors are called ‘factious spirits, and such as do endeavour
to cast most unjust and false aspersions and scandals upon
His Majesty and His Government, and upon his proceedings
with his subjects in Scotland, and to distemperate and alienate
from His Majesty the hearts of his well-atfected subjects, and
such as are in no way inchued to such seditious and dis-
loyal courses.’ For full text of this proclamation see John
Rushworth, Hist. Collections 8.1094. During the course of
the war sermons continued to be preached aga‘nst Charles
and thousands of pamphlets by Presbyterian and independent
writers poured from the press.

4.8. To the ingaging of. By these actions and utterances
the Presbyterians had pledged themselves to an anti-royalist
policy.

4. 14. To the entire advantages of thir owne Faction.
Roth the Scotch and English Presbyterians were very jealous
of the growing power of the Independents.

4. 16. Counted them accessory. The King loved neither
the Presbyterians nor the Independents. For three years
(1646-1649) he tried to play off one party against the other.
Before his flight from Oxford to the Scottish camp at New-
castle he expressed the hope that he should be able so to
draw the Presbyterians or the Independents to side with him
for extirpating one the other, that he should really be king
again. (See his letter to Lord Digby, dated March 26, 1646.

Notes 61

Quoted by Masson, Life of Milton 8. 497). Charles hated the
Covenant, steadfastly refused to sign it, and looked upon the
Presbyterians as rebels who had broken statutes and laws
Pledging them to obedience to their king. Cf. a similar
statement in First Def. (Bohn 1. 192).

4.17. Those Statutes and Laws. At this time the Pres-
byterian preachers and writers were Constantly accusing the
Independents of breaking ‘ the Oaths of Allegiance and Supre-
macy, the Common Law, Stat. 26. Edw. 8. and all other
Acts concerning Treason.’ (See Walker, Hist. « “sdependency,
pt. 2, p. 69).

4. 22. For a flash, hot and active. Milton grants that
the Presbyterians were active in the good cause for a time.
He ascribes their defection to (1) sloth, (2) inconstancy, (8)
cowardice, (4) falsehood, or (5) wickedness,

4. 28. Inconstancie, and weakness of spirit. Clarendon
supports Milton in his indictment of the Scots and Pres-
byterian party for fickleness and failure to carry out their
Policy to its end. See his Hist, of the Rebellion, Ed. Machray,
bk. 10. 168 ff,

4. 31. Alteration of Lawes, etc. All these steps ulti-
mately proved necessary to the establishment of the Puritan
Commonwealth.

5. 2. The throng and noises of vulgar and irrational
men. Milton entertained little respect for the fickle and
Sweaty populace. See his celebrated passage in P. R, 8.
49-59, and his sonnet to Oliver Cromwell.

5. 4. Customes. Milton had no sympathy with irrational
customs. Cf. his attack on p-ejudices and customs in Areop.
(Bohn 2. 98): ‘Our eyes, bleared and dimmed with prejudice
and custom,’

5°56. Their gibrish Lawes, Alluding to the jargon in
which statutes were written. A variant form of gibber is
jabber, to talk nonsense. Gibberish is therefore unintelligible
speech, inarticulate chatter,

Under the heading Leges in his Commonplace Book Milton
says, ‘Alfred turn’d the old laws into English. I would he

i2

62 The Tenure of Kings and Magistrates

liv'd now to rid us of this Norman gibbrish.’ (See Publi-
cation of Camden Socicty for 1876, p. 22).

In 1650 Parliament ordered that all the books of the laws
be put into English; and that all writs, processes, indict-
ments, records, and all rules and proceedings in courts of
justice be in the English tongue only, and not in Latin or
French, or any other language but English. It is possible
that Milton’s protest and personal influence may have con-
tributed to this result.

5.12. They plead for him, pity him, extoll him, etc.
London and Lancashire ministers sent in protests against the
policy of Parliament towards the king. Letters were ad-
dressed to Lord Fairfax and the army by Dr. Henry Hammond
and Dr. Gauden. The indefatigable William Prynne, both
in Parliament and out, was busy with tongue and pen in
pleading the king’s cause. As a sample of these protests
see the Declaration and Protestation of Will: Pryn, and Clem:
Walker, issued Jan. 19, 1649, against the proposal of the
House of Commons to bring the king to capital punishment.
Prynne and Walker declare that such a course is ‘highly
impious against the Law of God, Nations, and the Protestant
Profession, Traitors against the State, of Treason, 25 Edw. 8.,
and against all Laws and our Statutes, perjurious and per-
fidious, against all Oaths of Allegiance, Supremacy, Nationall
Covenant, and Protestation; all the Parliaments Declarations
and Remonstrances held forth to the world; their Treaties
and promises made to the Scots when they delivered the
King’s Person into our hands; against our promises made to
the Hollanders, and other Nations, and against all the Pro-
fessions, Declarations, Remonstrances, and Proposals made
by this Army; when they made their Addresses to the King
at New-Market, Hampton Court, and other places.’ (Walker,
Hist. of Independency, pt. 2, p. 83).

5. 18. Protest against those, etc. The Presbyterian min-
sters of London in their vindication set forth: ‘For when
we did first engage with the Parliament, (which we did not
till called thereunto) we did it with loyal hearts and af-
fection towards the King, and his posterity. Not intending

Notes 63

the least hurt to his Person, but to stop his Party from doing
further hurt to the Kingdome; not to bring his Majesty to
justice (as some now speak) but to put him into a better
capacity to doe justice.’ (4 Vindication of the London Ministers
Srom the unjust aspersions upon their former actings for the
Parliament, p. 8).

5. 28. Of industry. On purpose, intentionally,

5. 25. They themselves have cited him. Milton refers
to a treatise, Truths Manifest, said by him to have been
written by a Scotchman, ‘in which it is affirmed that there
hath been more Christian blood shed by the commission,
approbation, and connivance of King Charles and his father,
James, in the latter end of their reign, than in the ten Roman
Persecutions.’ See Eikon (Bohn 1. 883). For a comparison
of Charles with Nero see ibid.

5. 29. Nero, Claudius (A.D. 54-68). Milton relates that
the Senate required that Nero should be stripped naked,
and hung by the neck upon a forked stake, and whipped to
death. Cf. First Def. (Bohn 1. 183): ‘Consider now, how
much more mildly and moderately the English dealt with
their tyrant, though many are of opinion, that he caused the
spilling of more blood thgn even Nzro himself did.’

6. 80. Their mercies. See Prov. 12. 10.

5. 88. Agag. Agag was a king of the Amalekites, con-
quered by Saul and, contrary to the divine command, saved
alive, but put to death by Samcel. (1 Sam. 15), Milton is
here comparing the compassion of the Presbyterian party
with that of Saul who was disobedicat to God’s command.

5. 83. Villifying. Making vile, of no account. Cf. P. LZ. 11.546,

5, 34. Many Jonathans, that have sav’d Israel. A com-
parison of the Puritan generals with Jonathan, who led a for-
lorn hope against a great army of Philistines, and freed his
country from invasion. The allusion is to one of the most
stirring war stories of the Old Testament (1 Sam. 18).

6. 1. Nicenesse. Subtlety, a tendency to be over partic-
ular. Unnecessariest. An interesting use of an obsolete
superlative. Cf. famousest (below 59. 8), Apol. Smec. (Bohn
8, 128), elegantest (sid, 3. 140).

64 The Tenure of Kings and Magistrates

6. 1. Clause of their Covnant wrested. With the mention
of the Covenant Milton touches upon one of the leading
topics of this pamphlet. For a full discussion of the Covenant,
and what was to Milton the unnecessariest and riddling
clause, see Introd.

6. 4. But not scrupling, etc. It is difficult to arrive at
the meaning of this ambiguous statement. In return for
compliments from the king, for his good opinion of their
loyalty, the Scots would not scruple to give over to his
implacable revenge, if he should succeed in regaining the
throne, the heads of many thousand Christians more, meaning
the Republicans who were still opposing him. To save one
man, the Presbyterians would sacrifice the lives of thousands.
This seems to be the leading thought in this obscure sen-
tence.

6. 7. Another sort there is. Milton now turns his atten-
tion to the weak-kneed conservatives of his own party. He
is glancing at Gen. Fairfax, Ald. Pennington and others,
who grew timid at the very last. The trial of the king was
carried forward by such Indeven?:-t army leaders as Crom-
well, Harrison and Ireton, but the great bulk of the party
shuddered at the task of bringing Charles to justice. On
Dec. 28, 1648, the House passed a resolution appointing a
committee to consider how to proceed in a way of justice
against the king and other capital offenders. ‘Though the
Resolution passed without a division, the reluctance of some
who were present had appeared in the course of the debate.
They argued at there was no precedent in History for
the judicial trial of a King, and that if the Army were de-
termined that Charles should be punished capitally, the
business should be left to the Army itself as an exceptional
and irregular power’ (Masson, Life of Milton 8.699). Of
the 135 Judicial Commissioners appointed by the House to
try the King not half the number attended any of the
meetings. Fairfax was present at the first sitting of the
Commission but never went back. Many more withdrew
before the trial was concluded. Milton is writing to encourage
these half-hearted Independents, who swerve and shiver, to

Notes 65

execute justice, even upon their King, ‘with just and faithful
expedition.’

6. 18. Presidents. Precedents. Buchanan also expresses
his impatience with those who call for precedents. He
denies that whatever is not ordained by some law, or evi-
denced by some illustrious record, should be instantly
reckoned wicked and nefarious (George Buchanan, De Jure
Regni apud Scotos, p. 176).

6. 19. To startle from. An obsolete construction. The
modern passive form would be not to be startled from.

6. 22. In the glorious way, etc. For a more extended
eulogy of the work of the Long Parliament see Apol. Smec.
(Bohn 8. 149), Milton's praise of the campaigns of Cromwell
was amplified afterwards in his First Def. (Bohn 1. 143);
see also Eikon (Bohn 8. 498ff.), and Sec. Def. (Bohn
6. 817).

6. 28. Any new Apostate Scar-crowes. A caustic refer-
ence to one of the most interesting figures of the age. ‘he
irrepressible pamphleteer, William Prynne (1600-1669).
Milton calls him a scarecrow, for his ears had been muti-
lated twice beca::se he had persisted in sending out pamphlets
attacking prelacy. He «as also branded on both cheeks
with the letter S for schismatic. In later years, when he
was a popular hero and sat in the House of Commons, he
wore a cap to cover his disfigurement. Milton was not the
first writer to charge Prynne with being an apostate. He
was so called in a pamphlet entitled Prynne against Prynne,
published as a reply to Prynne's Brief Memento. Prynne
replied to this charge on the very day of its publication
Jan. 29, 1648, in a broadside: Prynne the Member, reconciled
to Prynne, the Barrister. Hitherto the most outspoken critic
of prelacy and royalty, Prynne had become the most active
pamphleteer of the Presbyterian party. He declared that
the General, and General Council of Officers of the Army,
were ‘the greatest Apostates and Renegadoes from our
publick trust and duties’ (See his Speech made in the Ho1se
of Commons, Dec. 4, 1648, p.6. London, 1649). Inth saue
publication we have his apology for his later position. He

66 The Tenure of “ings and Magistrates

recites the story of his sufferings and imprisonments and
asserts that he has never received any reward from anyone
for his services to the public, that he has never published
any books to scandalise or defame the king, or to alienate the
people's affections from him, Yet he says, ‘I am clear of
opinion that Kings are accountable for their Actions to their
Parliaments and whole kingdoms.’ In case of absolute
necessity he would even allow the deposition of a tyrant,
‘if there be no speciall oaths nor obligations to the contrary
(which is our present case).’ Ibid. p.29. He is here pleading
for the observance of ‘the unnecessariest clause of the
Covenant,’ the great argument of the Presbyterians, which
Milton despises as a quibble.

6. 30. Their barking monitories and memento’s, The
reference is to 4 Briefe Mementd to the Present Unparlia-
mentary Junto, by William Prynne (London, 1649).

For another attack of Milton upon Prynne, see Zo Rem.
Hire (Bohn 8. 17).

6. 31. The spleene of a frustrated Faction. This biting
phrase hits off the situation exactly. The Presbyterian
pamphlets of Prynne, Walker, and the London divines are
full of spleen. It was a bitter disappointment to the party,
which had hoped to see the Presbyterian system of intolerant
church government established in England, to be out-
manceuvred and crushed by the Independents in the House
with the army at their back.

7. 1. Those Statutes and Scriptures ... they wrest, etc.
This was a common practice among the controversialists of
Milton’s day. All arguments were supported by appeals to
law or to the Bible, But the freedom of private inter-
pretation, established by the Protestant Reformation, gave
rise to all kinds of differences over ambiguous texts. To
‘wrest’ a text against an opponent was a proof of literary
skill. Milton himself was guilty of this art; he was an adept
in citing Scripture for his purpose, as may be seen in this
very pamphlet. See Introd.

In Ref. in Eng. (Bohn 2. 404) he uses an analogous phrase:
Wrenching and spraining the tei.

Notes 67

* common foe, If the king is restored to power,
he will revenge himself on both Presbyterians and In-
dependants. Cf. 2.19, 4.17. He sounds this warning note
repeatedly in this pamphlet, also in First Def. (Bohn 3. 194):
‘Wo be to you in the first place, if Charles’ posterity recover
the crown of England; assure yourselves, you are like to be
put in the black list.’

7.7. The unmasculine Rhetorick of any puling Priest
or Chaplain. The reference is to letters on the king’s behalf
addressed to General Fairfax by Dr. Henry Hammond and
Dr. John Gauden.

Henry Hammond, D. D. (1605-1660). Hammond was not
only a great scholar and preacher, but a devoted royalist.
He acted for some years as chaplain to Charles, and
accompanied him from place to place during his imprison-
ment by parliament. He was much beloved by the king,
who said he was the most natural orator he ever heard.
He was a noted theologian and exegete. His most famous
works were his Practical Catechism and his Paraphrase and
Annotations on the New Testament. Owing to the fact that
he was a personal friend of Fairfax, and of other officers of
the army, he made a last effort to save his master by
addressing to them a letter on behalf of Charles. Hammond
was a man of great piety, learning, and benevolence, and
was altogether undeserving of Milton's sneer, Hammond's
letter was written Jan. 15, 1648, and its published title is as
follows: To the Right Honou,able, the Lord Fairfax, and
his Councell of Warre, the Humble Addresse of Henry
Hammond (London, 1649), The writer advises the army
officers to test all motives by the true Spirit of God and
the Scriptures, not by lying spirits; not to be too sure that
God has borne testimony to the justice of their cause by
the many victories He has given to them, for the Mahom-
medans were successful in war, and God often permits His
people to suffer defeat. By shedding the king’s blood they

68 The Tenure of Kings and Magistrates

will only fill up the measure of the nation’s iniquities and
provoke the wrath of God. He concludes by saying that
he will intercede daily at the throne of grace that God
will mollify their hearts towards the king, or else interpose
His hand to rescue his royal persou out of their power.

Milton entertained a very poor opinion of chaplains. Cf.
To Rem. Hire (Bohn 8. 85) and Rem. Def. (Bohn 8. 47). For
his animus against chaplains in general, and a special diatribe
against Dr. Hammond as king’s chaplain, see Eskon (Bohn
1, 458 ff.).

John Gauden, D.D., Bishop of Worcester (1605-1662), at
first sympathized with the parliamentary cause, but began
to have misgivings as the struggle progressed. Although he
subscribed to the Covenant, he published in 1648, Certain
Scruples and Doubts of Conscience about taking the Solemn
League and Covenant. As time passed he grew still more
reactionary, and finally at the Restoration was made chaplain
to the king and appointed to the bishopric of Exeter, and
later to that of Worcester. The celebrated book, which ap-
peared the day after Charles’ execution, entitled Eixov
Baotdixij; the Pourtraiture of His Sacred Majestie in His
Solitudes and Sufferings, has been attributed to Dr. Gauden
on very strong grounds. This book, which went through
forty-seven editions, called forth a reply from Milton, his
Etkon. (1649).

The letter here criticised by Milton bore the following
title: The Religious and Loyal Protestation of John Gauden,
Dr. in Divinity against the Declared Purposes and Proceedings
of the Army and others; about the trying and destroying
our Sovereign Lord the King (London, Jan. 5, 1648). In
this letter Gauden warns Fairfax and the army officers
against the perils of success and prosperous power. He
calls the king their ‘Mistaken Parent.’ He appeals to the
officers not to forget the common Errours to which all men
are subject. ‘O stain not the Renown of your valour by so
mercilesse an Act, as the destroying your King.’ In his final
exhortation he speaks of the day, ‘When the world shall
see your power bounded with Loyalty, sanctified with Pitty,

Notes 69

not foolish and feminine, which I would have below you,
but masculine, Heroick, truly Christian and Divine,’ etc.
This letter is highly rhetorical and in the last period the
author, with his talk of feminine and masculine, gave Milton
his idea for ‘the unmasculine Rhetorick of any puling Priest
or Chaplain.’

7. 15. Self-repugnance of our dancing Divines, Repug-
nant to themselves, self-contradictory, In the contemptuous
epithet Milton is probably insinuating that the Presbyterian
ministers were under the influence of a nervous disease epi-
demic in the sixteenth century, known as the dancing malady.
The meaning may be, however, that they danced to different
kinds of music; yesterday they were against the king, to-
day they support him.

7. 17. Gloss’d and fitted for thir turnes. He reverts to
the thought that his opponents wrest Scripture to their
turnes or purposes. A gloss is a comment or explanation
upon a word or passage in the text. Cf. Sam. Agon. 1, 948:
‘Bearing my words and doings to the lords, To gloss upon,
and censuring frown or smile.’

7, 23. Classic and Provinciall Lords. Under the Pres-
byterian form of church government in England there were
instituted Classical, Provincial, and National Assemblies,
corresponding to the three modern Presbyterian church
courts, the Presbytery, the Synod, and the General Assembly.
When the Westminster Assembly drew up a frame of Pres-
byterian church-government for England in May, 1645, they
provided that the ecclesiastical Provinces should be about
sixty in number. The number of Classes or Presbyteries in
London were to be fourteen. The meetings of the twelve
London Presbyteries and the two Presbyteries of the Inns
of Court were called Classical Meetings. In his stinging
sonnet, On the Forcers of Conscience, Milton speaks of the
Presbyterian divines as ‘a Classic Hierarchy.’ For a full
description of the establishment of the Presbyterian system
in England see W. A. Shaw, Hist, of the Eng. Church,
1640-1660, vol. 2, pp. 1-174, See also Masson, Life of Milton
8, 897, 424 and 469.

0

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af
ff

70 The Tenure of Kings and Magistrates

7. 24. While pluralities greas’d them thick and deepe.
Milton repeats this charge in Sec. Def. (Bohn 1. 268) with
more detail. See also First Jef. (Bohn 1.26): ‘As soon as
the bishops, and those clergymen whom they daily inveighed
against, and branded with the odious names of pluralists
and non-residents, were taken out of their way, they presently
jump, some into two, some into three, of their best benefices ;
being now warm themselves, they soon unworthily neglected
their charge.’ Cf. Zo Rem. Hire (Bohn 3. 81). For further
discussion of this subject see Introd. p. 26 ff.

7. 38. Censorious domineering. Not an untruthful des-
cription of the heat and dogmatism of divines on political
measures. Matters before parliament were fully discussed
in the pulpits.

When the Independents secured a majority in the House
of Commons they dealt a blow at their Presbyterian opponents
by ordering on March 26, 1649; that no ministers should
teach in their pulpits anything relating to state affairs, but
only to preach Christ in sincerity. On july 9 of the same
year, parliament declared all ministers delinquents, if they
preached or prayed against the guvernment, publicly mentioned
Charles or James Stuart, or refused to keep days of public
humiliation, or to publish acts and orcers of parliament. See
Gardiner, Hist. of C. W. and Protectorate 1. 191.

7. 84. Truth and conscience to be freed. Presbyterianism
was intolerant of other sects, but the Independents granted
liberty of conscience to all except atheists and Papists. Even
Richard Baxter, the saintliest of all Presbyterians of his time,
would have enslaved truth and conscience. Jn his sketch
of the ideal commonwealth he lays down the principle that
none are to be electors, but those who have publicly owned
the Baptismal Covenant, in other words those who are
Presbyterian church members in good standing. Those who
despise public worship are to be deprived of the right to
vote, and ministers of the church are to be able to dis-
franchise meu.bers by excommunicating them (See Baxter,
A Holy Commonwealth, or Political Aphorisms opening the
True Principi.s of Government, p. 247). Toleration was

v =~

Notes 7

denounced by the Presbyterian synod at Sion College in
1645 as ‘a root of gall and bitterness both in present and
future ages.’ The same decision was reached by the min-
isters of Lancashire, a section where Presbyterianism was
Particularly strong. They declared that toleration was the
taking away of all conscience, the appointing of a city of
refuge in men’s consciences for the devil to fly to. Neale,
Hist. of Puritans 2. 382.

The sprightly Edwards has no hesitation in affirming that
‘A toleration is the grand design of the devil.’ He declares
that more books have been written and sermons preached
on toleration during the last four years (1642-1646) than on
any other subject (Gangreena, 1.8. 121, 122),

For a previous utterance of Milton in behalf of liberty of
Conscience see Areop. (Bohn 2. 92): ‘Under these fantastic
terrors of sect and schism, we wrong the earnest and zealous
thirst after knowledge and understanding, which God hath
stirred up in this city.’ See also his sonnet to Cromwell,

New foes arise
Threatening to bind our souls with secular chains
Help us to save free conscience from the paw
Of hireling wolves, whose gospel is their maw.

Cf. also his vigorous handling of the intolerants in the poem
on The New Forcers of Conscience with its famous closing
line,

New Presbyter is but Old Priest writ large.

7, 34. Tithes and Pluralities to be no more. In his
anticipation of the Liberal legislative programme Milton
prophesies that the tithing system will be abolished.

The actual origin of the payment of tithes is unknown.
They were probably -.id to the medieval monasteries: as
oblations. The first legislative action on the subject was
taken in the reign of Edward I who ordered ‘hat a tenth of
the value of the crops should be paid to support the church.
Landowners alone were subject to this tax. The law could
be enforced by distress and by sale, or by order of a Justice

72 The Tenure of Kings and Magistrates

of the Peace. See F. A. Inderwick, The Interregnum, John
Selden, Hist. of Tythes, pp. 47-58, also W. Bohun, The Law
of Tithes, passim.

As Milton indicates, the Independent party in parliament
had an idea of abolishing tithes and providing some competent
maintenance for a preaching ministry. Several attempts were
made in this direction, but the Commonwealth was really
too poor to establish any satisfactory new method. The
Presbyterian ministers were naturally averse to any prohib-
itory legislation regarding tithes, for they had followed
their prelatical predecessors in upholding their right to this
ancient source of revenue. ‘The Presbyterians preach for
their god, viz. the tenth of every man’s estates, and for forms,’
says Whitelocke, Memorials 2.488. Cf. W. A. Shaw, Hist.
Eng. Church 2. 256 ff.

Milton denounces tithes in To Rem. Hire., passim.

7, 84. Pluralities. As early as 1642 the House of Commons
recommended five bills to the king as the ground of a treaty.
One of these was ‘An act against the enjoying pluralities of
benefices by spiritual persons, and nonresidence.’ But the king
refused to come to terms and the bill was therefore not passed.
On Nov. 8, 1647, a proposition against pluralities was agreed
to by both Houses of Parliament (Neale, Hist. of the Puritans
2.53. Pluralities were never legislated out of existence,
however.

7. 86. Competent Allowance. Cf. Sec. Def. (Bohn 1. 275).

‘Warme Experience of large gifts. When ministers preached
before parliament, or sat on commissions, they were liberally
paid. In March, 1650, an order was passed to send over six
able ministers to preach in Dublin. They were to have
£200 per annum apiece out of bishops’ and deans’ and
chapters’ lands in Ireland.

8. 8. To exclude and seize on impeach’t Members. On
June 14, 1647, the Army sent forth a remonstrance in which
they impeached eleven Presbyterian leaders of the Commons,
Holles, Stapleton, Waller, Glynn, Massey, etc. and demanded
their exclusion from parliament. When the army marched
against London nine fled to the continent. Glynn and

Notes 73

Maynard, who remained behind, were impeached and sent
to the Tower, Sept. 7, 1647.

8. 4. Delinquents. Milton has the king in mind as the
chief delinquent. The preamble to an ordinance passed by
parliament, April 4, 1643, sets forth ‘that it is most agreeab'e
to common justice that the estates of such notorious delin-
quents as have been the causes or instruments of the public
calamities, should be converted and appiied towards the
support of the Commonwealth.’ On August 19. 1643, this
ordinance was further explained, as including in the number
of delinquents such as absented from their usual places of
abode or betook themselves to the king’s forces, and such
as Concealed effects, evaded taxes or disobeyed parliament's
orders in various ways. See Neale, Hist. of the Puritans
1. 458.

8.6. Corah, Dathan and Abiram. Korah conspired with
Dathan and Abiram against Moses and Aaron. See Num. 16,
Milton refers to the language of the Sion tract (see below
58. 14): ‘You know the sad examples of Corah, Dathan and
Abiram in their mutinous Rebellion, and Levelling designe
against Magistracy and Ministry, in the persons of Moses
and Aaron’ (A Serious and Faithful Representation of the
Judgment of the Ministers of the Gospel within the Province
of London, signed by forty-seven ministers at Sion College,
including Case, Gataker, Gower, Roborough, and Wallis, of
the Westminster Assembly, and addressed to Fairfax. and
the Council of War, Jan. 18, 1649, p. 10).

8.7. A cursed Tyrant, etc. On the preaching of seditious
sermons by the ministers of the time, and by Stephen Marshall
in particular, see Clarendon, Hist, of the Rebellion, 6. 39 ff.,
also Robt. Barclay, The Inner Life of the Religious Societies
of the Commonwealth, p. 186, Stephen Marshall preached
before Commons, Feb. 23, 1641: ‘He is a cursed man that
withholds his hands from shedding of blood, or that shall do
it fraudulently, i. e., kill some and save some. If he go not
through with the work, he is a cursed man, when this is to
be done on Moab, the enemy of God's church.’ Another
divine, named Case, Preaching to the Commons on Jer. 48.

Sepa

Ee

are

74 The Tenure of Kings and Magistrates

40, said: ‘Cursed be he that withhoideth his swor‘ from
blood, that spares when God saith strike, that suffer, those
to escape whom God hath appointed to destruction’; to the
Commons on Nov. 5, 1644, he said: ‘ Do justice to the greatest.
Saul’s sons are not to be spared; no, nor may Agag, nor
Benhadad, tho’ themselves kings: Timri and Cosbi, though
princes of the people, must be pursued unto their tents.
This is the way to consecrate yourselves to God.’ A Royalist
writer says, ‘The pulpit sounded as much as the drum, and
the preacher spit as much flame as the cannon. Curse ye
Meroz, was the text, and blood and plunder, the comment
and the use’ (A Loyal Tear, a Sermon on Sin, p. 80).

Price declares that the London ministers have changed
front towards Charles, ‘whom your selves and the Church
of Scotland have charged for the greatest Delinquent, guilty
of the blood of hundreds of thousands of Protestants, the
bloudiest man under heaven’ (Céerico-Classicum, p. 28).

Whitelocke tells the story of a Scotch minister, who
preached boldly before the king at Newcastle, and after his
sermon called for the 52nd Psalm, which begins, ‘Why
dost thou, tyrant, boast thyself thy wicked works to praise?’
(Memor. 2. 94).

The king himself denounced the Presbyterian ministers as
being ignorant in learning, turbulent and seditious in disposition,
scandalous in life, unconformable to the laws of the land,
libellers both of church and state, and preachers of sedition
and treason itself. See Neale, Hist. of Puritans 2. 426.

8. 10. Though nothing penitent or alter’d. To the last
Charles refused to subscribe to the Solemn League and
Covenant. Through all his negotiations with the Scots and
with the English House of Commons, he continually spoke
of the royal prerogative and endeavored to make a proviso
for the partial establishment of episcopacy. The king was
too firm a believer in divine right to be penitent for his
past conduct, and too stubborn to relinquish his first principles.
Cf. Eikon (Bohn 1. 474): ‘His impenitence and obstinacy to
the end.’

8. 11. A lawfull Magistrate, a Sovrane Lord, the Lords

Notes 75

8. 11. Annointed. Milton is here scornfully repeating the
epithets of the Sion tract. See A Serious and Faithful Rep.,
etc., pp. 12, 13,

8. 12. Not to be touch’d, though by themselves imprison’d.
This argument is resumed later, and pushed to its logical
Conclusion. See pp. 8° fi.

8. 22. His parvicular charge. The charge which will be
brought against Charles by parliament.

8. 25. The people, though in number lesse by many.
An obscure statement. The majority of the representatives
in parliament must be reckoned for the whole people. Robt.
Filmer so understands this sentence. See his Observations.
concerning the Original of Government, p. 19.

8. 29. If such a one there be. For another arraignment
of the king see First Def. (Bohn 1. 59). A committee of
the House of Commons drew up a declaration against the
king ‘wherein they objected many high crimes against him
concerning his Father’s death, the loss of Rochel and the
Massacre and Reiellion in Ireland.’ Walker, Hist. of Indep.,
p. 78, See also The Act for, Trial of the King, Walker,
16. p. 57.

8. 30. Whole massachers have been committed, etc. The
Irish insurrection and massacres of Protestants took place
in 1641. When the news reached England the nation was
horrified. The wildest stories were soon retailed in pamphlet
form regarding the awful sufferings of the Protestants. The
lowest calculation of contemporary writers gives an estimate
of 30,000 English and Scotch Protestants as victims. Gardiner
is of opinion, however, that those slain in cold blood at the
beginning of the rebellion could hardly have exceeded four
or five thousand, whilst about twice that number may have
perished from ill-treatment (Hist. of Engl. (1603-1642),
10. 69). In his Eton. (Bohn 1. 407 ff.), where Milton devotes
a whole chapter to the subject, he puts the number of slain
at 154,000 in the province of Ulster alone, and estimates the
total sum as four times as great. In Observ. Art. Peace (Bohn
2. 183) he places the figure at more that 200,000. In First
Def. (Bohn 1. 201) he calls Charles a murderer, by whose

k

76 The Tenure of Kings and Magistrates

order the Irish took arms, and put to death with most
exquisite torments above a hundred thousand Englishmen.
In his Odserv. Art. Peace (Bohn 2. 180) his estimate is much
more moderate. He blames the king for using with tender-
ness and moderation those bloody rebels after the merciless
and barbarous massacre of so many thousand English.

However uncertain he may be as to the number of the
slain, Milton is positive that the king was responsible for
the Irish horror. Parliament was of the same opinion. In
a declaration of parliament issued Feb. 15, 1647, the king
was charged with complicity in the Irish massacre, and that
he had an agent in Rome to attend to it, for it was to be
managed by direction from the Pope.

Referring to the massacre Baxter says: ‘Because of it all
England was filled with a fear both of the Irish and Papists
at home, and when they saw the English Papists join with
the King against the Parliament, it was the greatest thing
that ever alienated them from the King’ (Life, Pt. 1, p. 29).

For an examination of the evidence incriminating the
king, see Masson, Life 2. 303 ff.; Symmons, Life of Milton,
pp. 256 ff.

8. 81. His Provinces offer’d to pawne or alienation. In
First Def. (Bohn 1. 201) Milton says that Charles sent a pri-
vate embassy to the King of Denmark to beg assistance
from him of arms, horses, and men, expressly against the
parliament. ‘To the English he promised the plunder of
London; to the Scots, that the four northern counties should
be added to Scotland, if they would but help him to get
rid of the Parliament, by what means soever. This aid was
coming, when Divine Providence, to divert them, sent a sud-
den torrent of Swedes into the bowels of Denmark.’ See
Eikon. (Bohn 1. 890). Again we read that the king’s letters
taken at the battle of Naseby ‘revealed his endeavours to
bring in foreign forces, Irish, French, Dutch, Lorraines and
our old invaders the Danes upon us’ (sd. 1. 453). So much
for Milton’s testimony. Gardiner states that Charles appealed
for aid from the Pope, from the Duke of Lorraine, begging
him to lead an army into England, and from the German

Notes 77

Princes. In order to obtain the services of Count Waldemar
and his army of mercenaries, he tried to obtain a loan of
£50,000 from Amsterdam merchants, pledging the Scilly
Islands as security for the repayment of the moncy (Hisé.
of the Civil War and Protectorate 1. 223). The King and
Queen Henrietta Maria hoped to obtain aid from the King
of Denmark. On April 41, 1642, the Queen wrote to Christian
IV, and it was suspected by parliament that a bribe was
Offered. Agents of the king were also sent to Denmark, but
what proposition was made is unknown. At any rate, it was
unsuccessful. See Gardincr, Hist, of Eng. 10. 188.

8. 81. Alienation. Barclay, one of the extreme advocates
of the doctrine of the divine right of kings, admits that if
a king alienates the kingdom, or brings it into subjection to
another, he forfeits it (De Regno et Regum Potestate adversus
Monarchomachos 4.16). In Observ. Art. Peace (Bohn 2. 182),
Milton accuses Charles of alienating and acquitting the whole
Province of Ireland from all true fealty and obedience to
the Commonwealth of England. Parliament declared that
Charles was guilty in that he had given away more than
five counties to the Irish rebels, ‘that Irish Popish army
raised by Earl of Strafford to reduce the kingdomes.’ (De-
claration of Parliament, in Civil War Tracts, Yale University
Library, Vol. 21),

9. 84. The Sword of Justice is above him. Did Milton
find » pattern for this phrase in Christopher Goodman's
book, How Imperial Powers ought to be Obeyd, etc. p. 184;
‘Be he Kinge, Quene or Emperour he must dye the death '?
See below, 60.21. Cf the eloquent apostrophe to Justice in
Etkon. (Bohn 1. 484): ‘She it is, who accepts no person,
and exempts none from the severity of her stroke.’

9. 2. So great a deluge of innocent blood. Milton and
his party blamed Charles Stuart ‘that man of blood,’ for
all the effusion of blood in the Civil War. In Eikon. (Bohn
1. 888 ff.) Milton gives a stern reply to the question asked
by the author of Exkon Basilike, ‘Whose innocent blood he
hath shed, what widows’ or orphans’ tears can witness
against him?’ See also 5. 28,

kz

a
i
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78 The Tenure of Kings and Magistrates

8. 12. For if all humane power to execute, etc. Is this
a comment on Calvin's teaching? He advises passive
obedience in the presence of the most crvel tyranny, but
holds out a hope that God will execute his .ath upon the
offending king. ‘For sometimes he raises up some of his
servants as public avengers, and arms them with his com-
mission to punish unrighteous domination,’ etc. (Jnstitutes
4. 20. 80). See also Rom. 13. 4.

9. 6. Or if that faile, extraordinary. Prynne and others
were questioning the ordinary power of parliament to put
the king to death. In this phrase Milton boldly declares that
he would go outside the bounds of precedent or statutory
law to punish a tyrant.

9. 8. But to unfold more at large this whole Question.
The introduction is now complete. In this sentence he an-
nounces his theme.

9.16. Not learnt in corners among Schismes and Herisies.
An attempt to anticipate unfavorable criticism. By his divorce
pamphlets Milton had earned the reputation of a heretic.
The interjection of this clause shows his sensitiveness to the
attacks made upon him. Although a freethinker, he scarcely
enjoyed being called 4 schismatic or a heretic.

9. 19. Authentic. Gr. ad%ertixdg, warranted. Cf. Eikon.
(Bohn. 1. 485): ‘For it were extreme partiality and injustice,
the flat denial and overthrow of herself, to put her own
authentic sword into the hand of an unjust and wicked man,’ etc.

9. 19. No prohibited authors. An allusion to the Church
Fathers, against whose authority Protestant theologians rebel-
led. Milton himself had little respect for the Fathers. In
a former treatise, Pre/. Epis., he had expresses his contempt
in these words: ‘They cannot think any doubt resolved, and
any Doctrine confirmed, unless they run to that indigested
heap and fry of authors which they call antiquity. What-
soever time. or the heedless hand of blind chance hath drawn
down from of old to this present, in her huge drag-net,
whether fish, or seaweed, shells or shrubs, unpicked, unchosen,
those are the fathers’ (Bohn 2, 422), Cf. To Rem. Hire.

Notes 79

(Bohn 3, 88): ‘The obscure and tangled word of antiquity,
fathers and council fighting one against another.’

9. 20. Orthodoxal. This form is used in Exkon. (Bohn.
1, 885), and Pre/. Epis. (Bohn 2. 428). Milton also used the
word paradoxal in To Rem. Hire. (Bohn 8. 3).

9.24. All men naturally were borne free. This favorite
modern contention first found formal expression in the work
of the Roman jurists who instituted the Justinian Code.
Ulpian, the greatest of these lawyers, declared in treating
of slavery that so far as pertains to natural rights, al) men
are equal (Digest 50. 17. 82); also by natural law all men
are born free (Institutes of Justinian 1, 2.2); the application
of these principles to politics proper, however, dates back
to the treatise of Nicholas of Cues, De Concordantia Catho-
4ica, the views of which he presented to the Council of Basel
in 1565. Almost the exact phrases used by Milton are to
be found in this influential and learned work. See Dunning,
Pol. Theories Ancient and Medieval, p. 278, This idea, thus
stated by the jurists and by Nicholas of Cues, was given
new life by the author of the famous treatise, Vindicie Contra
Tyrannos, The author of this revolutionary tract says:
‘Men are by nature free, impatient of servitude, prone to
rule rather than to obey. It can only be for some great
benefit that they renounce the law of their own nature to
bear that of another. The inducement was the necessity of
security, when the distinction between meum and tuum was
introduced, when fellow-citizens began to quarrel for property,
and neighboring nations for territory; then the people had
recourse to a ruler to protect the weaker from the stronger,
the nation from its neighbors’ (Digest by H. Armstrong,
Eng. Hist. Rev. 4. 81).

Even the earlier supporters of despotic principles, Barclay
and Blackwood, for instance, accepted as a truism the theory
that all men were naturally born free, so that Milton feels
quite safe in saying that every educated man will agree with
him on this point. This theory was to be contested, however,
by Filmer in his Patriarcha in the very year this pamphlet
was published, and later writers, such as Heylin, Mainwaring,

80 The Tenure of Kings and Magistrates

and Hobbes, were to set it at naught. But the pleasing as-
sumption could not be argued out of existence, and, a century
afterwards it found its way into the Declaration of Indepen-
dence, and later still provided a favorite text for the orators
of the French Revolution.

In Exkon. (Bohn 1. 455) Milton roundly declares: - Men are
by naiure free; born and created with a better title to their
freedom than any king hath to his crown.’ See also Ready
and Easy Way (Bohn 2. 138).

9. 25. The image and resemblance of God. See Gen. 1.26.

9. 26. By privilege above all the creatures. See Gen.
1. 26, 28.

9, 28. The Root of Adam’s transgression. See the story
of the fall and its consequences, Gen. 8 and 4. Milton has
in mind theological refinements on the simple story of Genesis,
especially the doctrine of imputed sin. See his elaboration
of this theme in P. Z., Book 10. Augustine, rather than Paul,
emphasized the doctrine of imputed guilt, and paved the way
for the endless disquisitions of Calvinists on original sin.
Augustine and Gregory the Great were the first Christian
teachers to advance the argument that human government
was introduced among men on account of Adam's trans-
gression. This view was held by the church until the time
of Wycliffe. Thomas Aquinas was probably the first teacher
to depart from this belief.

In a pamphlet published anonymously in London in 1644
(Jus Populi, pp. 42, 48) we come upon a passage which
seems almost a paraphrase of Milton’s thought: ‘The nature
of Man being depraved by the fall of Adam, miseries of all
sorts broke in upon us in throngs, together with sin; inso-
much that no creature is now so uncivile and untame, or so
unfit either to live with or without societie, as Man.’ Todd,
in his Life of Milton, pp. 225, 226 (London, 1826), notes this
pamphlet, and discusses whether Milton could have written it.

9, 12, They agreed by common league. This is the polit-
ical theory made popular in later days by Rousseau and
called by him the Contrat Social, For the source of this
interesting idea we must go back to the writings of the

Notes 81

stoics. Lord Acton, in his essay entitled History of Freedom,
p. 18, says: ‘The notion that men lived originally in a state
of nature, by violence and without laws, is due to Critias.
Communism in its grossest form was recommended by
Diogenes of Sinope. According to the Sophists there is no
duty above expediency, and no virtue apart from pleasure.
Epicurus said that all societies are founded on contract, for
mutual protectiou.’

Among the French pamphleteers of the latter half of the
sixteenth century, the social contract theory was very popular.
It was such a stock idea that it is impossible to ascribe it
to any one individual. It is deliberately made the foundation-
principle upon which the Vindicie Contra T; 'yrannos rests.

Milton’s idea of contract is that power is only temporarily
surrendered, and may be recalled when abused. Suarez and
other French theorists held that subjects by compact sur-
rendered their rights once for all, and can never legally
recover them. Thus they justified absolutism. Hobbes also
adopted this idea: ‘They that are subjects to a monarch,
cannot without his leave cast off monarchy, and return to
the confusion of a disunited multitude’ (Leviathan, ed Morley,
Pp. 85). It can be seen, therefore, that the ingenuity of the
upholders of divine right tried to make even this democratic
doctrine serve their own purposes.

For an exposure of the unhistorical character of this theory,
see J. Bluntschli, The Theory of the State, pp. 276 ff.

10. 9. His owne partial Judge. Unduly favoring his own
side in the controversy.

Communicated and deriv’d. He embodies in this phrase
the idea of give and take. He insists upon the notion of
a voluntary league or contract, and the derivative power
of kings and magistrates. Thus the doctrine of the original
Contract and that of jure divino are placed in opposition.

10. 10. For the eminence of his wisdom and integritie.
Cf. Buchanan, De jure, p. 99: ‘Now I imagine that the
intention of the ancients in Creating a king was, according
to what we are told of bees in their hives, spontaneously to
bestow the sovereignty on him who was most distinguished

82 The Tenure of Kings and Magistrates

among his countrymen for singular merit, and who seemed
to surpass all his fellows in wisdom and equity.’ Although
Milton probably transcribed this view from Buchanan, he
may have imbibed it from ancient writers, for Aristotle
(Politics, Book 8) and others, following Herodotus, express
the same thought. Among ancient writers Polybius (Book 6,
Ch. 4) held that the earliest form of government was mon-
archy based on force. The early men submitted, like ani-
mals, to the guidance of the strongest and boldest. See
Dunning, Pol. Theories, p. 116.

10. 18. Magistrates. Bodin lays down this definition:
‘A magistrate is a publick officer, which hath power to
command in a Commonweale’ (De Republica, p. 293).

10. 18. Not to be thir Lords and Maisters, See Aristotle
(Poktics 8.17.2): ‘It is manifest that, where men are alike
and equal, it is neither expedient nor just that one man
should be lord of all, whether there are laws, or whether
there are no laws, but he himself is in the place of law.’
Cf. First Def. (Bohn 1. 66).

10, 26. Arbitrement. The right or capicity to decide
for oneself. Here, free choice. A word rarely used in
Milton’s day. Used more frequently since 1880. See P. L.
8. 641:

To stand or fall
Free in thine own Arbitrament it lies.

10. 31. Invent Lawes. In this fanciful sketch Milton
follows Buchanan in this argument: ‘For when kings ob-
served no laws but their capricious passions, and finding
their power uncircumscribed and immoderate, set no bounds
to their lusts, and were swayed mueh by favor, much by
hatred, and much by private interest; their domineering
insolence excited an universal desire for laws. On this
account statutes were enacted by the people, and kings
were in their judicial decisions obliged to adopt not what
their own licentious fancies dictated but what the laws
sanctioned by the people ordained’ (De Jure p. 106).

Two theories were then prevalent as to the origin of law.
Francis Hotman, in his Franco-Gallia, declares that law is

Notes 83

the result of the gradual growth of custom. The author of
Vindicie Contra Tyrannos adopted the theory, which Milton
upholds. See also Hooker, Eccles. Polity 1. 10.

10 (note). While as the magistrate, etc. This sentence
is quoted from Cicero, De Legibus 8.1: ‘Ut enim magistrati-
bus leges: ita populo praesunt magistratus: vereque dici
Potest, magistratum legem esse loquentem, legem autem,
mutum magistratum.’

Aristotle was probably father of the saying. See Politics
4.15.4. In his turn Buchanan wrote: ‘You see, then, that
the magistrate derives his authority from the law, and not
the law from the magistrate’ (p. 198). A somewhat similar
maxim is that of Etienne Pasquier in his reply to Macchia-
velli’s Prince: ‘Les rois sont faits pour les peuples, et non
les peuples pour les rois’ (Henry Baudrillart, J. Bodin et
Son Temps, p. 77).

In the First Def. (Bohn 1.70) M ‘ton gives a whole page
to the amplification of the thought which is here dismissed
in a line. He quotes Pindar, Orpheus, Plato, Aristotle, and
Cicero to support the contention that the laws ought to
govern the magistrates, as they do the people. His conclusion
is that the institution of magistracy is jure divino, and the
end of it is, that mankind might live under certain laws and
be governed by them. See also Observ. Art, Peace (Bohn
2. 188).

11. 7. Instalment. Installation.

11. 8. Upon these termes and no other. Milton has the
ancient practices of the French nation in mind. In the
First Def. (Bohn 1. 107 ff.) he says: ‘For not only Hottoman
[Francis Hotman, author of Franco-Gallia], but Guiccard, a
very eminent historian of that nation, informs us that the
ancient records of the kingdom of France testify that the
subjects of that nation, upon the first institution of kingship
amongst them, reserved a power to themselves, both of
choosing their princes and of deposing them again, if they
thought fit; and that the oath of allegiance, which they
took, was upon this express condition: to wit, that the king
should likewise perform what at his coronation he swore to

84 The Tenure of Kings and Magistrates

do. So that if kings, by misgoverning the people committed
to their charge, first broke their own oath to their subjects,
there needs no pope to dispense with the people’s oaths;
the kings themselves by their own perfidiousness, having
absolved their subjects.’

11. 9. Bond orCovnant. Covenant is the Biblical synonym
for bond, or any solemn agreement. In ancient times a
covenant was accompanied by a religious rite. Among the
Hebrews the most important covenant was hetween the
people and the Deity. The primitive form of the rite con-
sisted in cutting sacrificial victims in pieces, between which
the contracting parties passed. See Gen. 15. 17; Jer. 84. 18,
19. There are many instances of covenants in the Old
Testament between God aud man, and between man and
man. The most celebrated instance of a covenant in modern
history is that of the league of the Scots against the intro-
duction of prelacy. See Introduction.

11.9. Those Lawes which they the people had themselves
made, or assented to. Cf. Buchanan: ‘Our kings at their
public inauguration solemnly promise to the whole people to
observe the statutes, customs, and institutions of our an-
cestors, and to adhere strictly to that system of jurisprudence
handed down by antiquity. This fact is proved by the whole
tenour of the ceremonies at their coronation, and by their
first arrival in our cities. From all these circumstances it
may be easily conceived what sort of power they received
from our ancestors, and that it was clearly such as magis-
trates, elected by suffrage, are bound by oath not to exceed’
(De Jure, p. 158).

44. 18. Counselors and Parlamenis. Hotman speaks ot
‘the Coramon Councel of the chosen men in the whole
nation’ (Franco-Gallia, p. 69).

11. 18. Not to be onely at his beck. The king calls
parliament to meet. The Royalists contended that the later
sessions of the Long Parliament were illegal, because it as-
sembled without the king’s consent. Milton argues that,
whether with the king or without him, the parliament can
meet to devise ways and means to care for the public safety.

Notes 85

He resents the imputation of monarchical writers that the
parliament is the mere creature of the king.

11. 18. Claudius Sesell. Claude de Seyssel (1450—1520).
For fifty years Seyssel was professor of law in the University
of Turin. He was also bishop of Laon, later of Marseilles, and
archbishop of Turin in 1517. He was also one of the most
noted diplomats of his time, serving on various missions for
Henry VII and Louis XI. Seyssel was a voluminous author.
He translated classical authors and produced many theological
works, but is remembered chiefly for his historical writings,
the most important of which was La Grand’ Monarchie de
France (1519, in Latin 1548). He glorifies the regime of
Louis XII, absolute in principle but moderate in practice.

Milton studied Seyssel’s masterpiece very carefully. He
Was attracted to its pages because the Turin diplomatist laid
great stress upon tne power of the states-general, and em-
phasized the limitations of kingly prerogative. Milton stored
up in the pages of his Commonplace Book choice passages
from La Grand’ Monarchie de France. The entry in the
Commonplace Book (p. 88) is as follows: ‘Rex Galliz par-
lamenti sui perpetui decretis parare necesse habet, ut scribit
Claudius Sesellius, quod ille franum regis vocat; de repub.
Gallor. 1. 1: ad quaestores etiam publicos rationes expensarum
regiarum referuntur: quas illi potestatem minuendi habent,
si immoderatas vel inutiles esse Cognoverint; ibid.’ Seyssel,
however, copied this saying from Plato. Hotman quotes
Plato's words in Franco-Gallia, p. 69,

This comparison is repeated in ¥rst Def. (Bohn 1. 164),
and in Notes on Dr. Griffith's Sermon (Bohn 2. 861): ‘Par-
liaments, which by the law of this land are his bridle; in
vain his bridle, if not also his rider.’ For the general thought,
the supremacy of parliament to the king, see Etkon. (Bohn
1. 860, 864),

11, 28. German. Bodin, De Republica, pp. 221, 236, sup-
Ports this appeal to the history of Germany. He states that
the sovereignty of the German empire lay in the hands of
‘three or foure hundred men,’ electors, princes, and ambas-
sadors deputed for the imperial cities,

86 The Tenure of Kings and Magistrates

14. 28. French. See the section entitled Rex Anglicae, etc.
in the Commonplace Book, p. 82: ‘Scotland was at first an
elective kingdom for a long time: vide Hist. Scot. France
an elective kingdom either to choose or to depose. Bernard
de Gerard, Hist. France: faut noter che (sic) jusques a Hues
Capet, tous les rois de France ont este eleuz par le Francois
qui se reserverent ceste puissance d’elire e bannir e chasser
leur rois.—By parliament of three estates, first then found out,
Charles Martel was chosen Prince of the French. Bern. de
Gerard, 1. 2, p. 109, and Pepin King, 1. 8, p. 134. Afterward
Charles the Simple, though of the race of Charles the Great,
depos’d and Robert crown’d in his stead by the French.’

Aragon, one of the chief divisions of Spain,
formerly an independent kingdom. See Commonplace Book,
p. 27.: ‘I re Aragonesi non hanno assoluta l’autorita regia
in tutte le cose. Guicciardin. 1. 6, Hist. p. 347.’

The favorite formula of the pamphleteers was borrowed,
not from England, but from Spain. In the words of the
coronation oath administered to Aragonian kings, the people
were guaranteed as many rights and more power than the
monarch. It was as follows: ‘Nos que valemos tanto come
vos, os hazemos nuestro rey y senor con tal que nos guardeis
nuestros fueros y libertades: y sino, no.’ See Du Hamel,
Hist. Constitutionelle de la Monarchie Espagnole 1.215. Hotman
also describes the election, and gives the coronation oath in
full (Franco-Galla, p. 71).

12. 8. William the Norman (1066-1087). In his Hist. of
the Norman Conquest (4. 802 ff.), Freeman makes no mention
of the second oath-taking at St. Albans. Either Milton's
memory or authority was at fault. The statement is repeated,
however, in First Def. (Bohn 1. 163): ‘When he broke his
word, and the English betook themselves again to their
arms, being diffident of his strength, he renewed his oath
upon the Holy Evangelists to observe the ancient laws of
England.’

17.7. Power of kings, etc. No utterance in this pamphlet
is more modern in tone than this sentence. Milton maintains
that the people is sovereign by a fundamental and unalterable

Notes 87

law. He approaches modern utilitarian theories of govern-
ment, but confuses natural and positive law. All talk of
natural right is contradictory to artificial law. Milton and
all political theorists of his day were at one in counseling
obedience to the law of the state. The source of law,
whether in king or people, was the point at issue. See
J. N. Figgis, Divine Right of Kings, p. 241.

12. 10. In whom the power, etc. See a curious argument
to the contrary in Walker, Hist. of Indep., 2. 22, note.

12. 18. Aristotle. He is a tyrant who regards his own
welfare and profit only, and not that of the people (Ethics,