part in religous affairs of the kingdom, being a strong

Protestant. He was also at various times member of parliament
and diplomatist. Under Elizabeth he became ambassador
to France in 1562. He is regarded as one of the most
upright statesmen of his time. His writings include tracts
on the reform of the Greek and English languages, and a
mass of diplomatic private correspondence. His principal
work was his De Republica Anglorum; the Maner of Governe-
ment or Policie of the Realm of England. It is the most
important description of the constitution and government of
England written in the Tudor age. It was first printed at
London in 1688-4, and passed through eleven editions in
English in little more than a century. The editions from
1589 onwards have the title which Milton gives, ‘The
Commonwelth of England’ (D.N.B.).

Sir Frederick Pollock, in his History of the Science of Gov-
ernment (p.55), makes the suggestion that Smith had access to
Jean Bodin’s manuscript of the De Republica. He says that
‘Sir Thomas Smith’s principles, wherever he got them, have
the merit of being much the clearest which down to that
time had been put into shape by an English author or in
the English language.’

26. 23. The vulgar judge of it, etc. Milton noted this
quotation from Sir Thomas Smith in his Commonplace Book,

Notes 11

p. 81. Sir Thomas Smith, in his Commonwealth of England,
does not use the exact words ‘whether it be lawful to rise
against a tyrant,’ but ‘whether the obedience of them be
just, and the disobedience wrong ? the profit and conversation
of that Estate, Right and Justice, or the dissolution? and
whether a good and upright man, and lover of his Country
ought to maintaine and obey them, or to seek by all meanes
to abolish them’? Neither is his conclusion stated, because
it would not suit Milton's purpose: ‘ Which great and haughty
courages have often attempted as Dion to rise up against
Dionysius; Thrasibulus against the 80 Tyrants; Brutus and
Cassius against Caesar, which hath been cause of many
commotions in Commonwealths; whereof the judgement of
the common people is according to the event and successe ;
of them which be learned according to the purpose of the
doers, and the estate of the time then present. Certain it
is, that it is alwaies a doubtful and hazardous matter to
meddle with the changing of Lawes and Government or to
disobey the orders of the Rule or Government, which a man
doth find alreadie established’ (chap. 5, pp. 7, 8).

26. 25. Gildas (519?-570?). The monk Gildas, reputed founder
of an abbey at Ruys in Britany, is one of the earliest author-
ities on Welsh history. Later chroniclers called him Gildas
the Wise; Bede used his book as a source for his Historia
Ecclesiastica, and speaks of him as Gildas, the historian of
the Britons (Bk. 1, chap. 22). The oldest title of this ancient
chronicle is Liber Querulus de Excidio Britannia. The tone may
be gathered from the quotation which Milton uses: it is that
of a gloomy patriot who sees that the victories of the Saxons
have been possible because of the vices of his own people.
The literary value of Gildas’ writing is small, and its historical
value lies in the fact that he is the most ancient of all our
historians,

The passage of Gildas to which Milton has reference is
as follows: ‘Kings were anointed, not according to God's
ordinance, but such as showed themselves more cruel than
the rest; and soon after, they were put to death by those
who had elected them, without ,any inquiry into their merits,

112 The Tenure of Kings and Magistrates

but because others still more cruel were chosen to succeed
them’ (English Chromicles, trans. Giles, 1. 809).

Cf. Commonplace Book, p.39: ‘De regibus Britannis Gildas,
ungebantur reges non per deum. p. 119: contra quam nunc
vulgus existimat quoscunque scilicet reges dei unctos esse.’
Cf. First Def. (Bohn 1. 172). Notice how many examples
from the early history of Britain are adduced.

27. 1. Tenure. The nature of the right or title by which
property, especially real property, is held. Land-tenure is in
the main either feudal or allodial. Milton in this place, and
in the title of this pamphlet, refers to the legal right or title
by which the king holds the sovereignty, with all the pre-
rogatives, lands, and emoluments.

- 27.14, Deposd and put to death thir Kings. Early
British kings, Vortiger, Mauricus, and Morcant were disci-
plined and even deposed. See Eikon. (Bohn 1. 487).

27. 18. The power of thir Keyes. Alluding to the theory
that Peter was made the prince of the apostles and the key-
bearer of eternal life. This key-bearing power, if not founded
on Scripture, is one of the chief traditions of the church.
The key is a symbol of authority, and St. Peter in medizeval
art was usually represented as holding the keys of heaven.
The power of the keys, and the power to bind and loose,
summed up the largest pretensions of the priesthood. The
priest, it was claimed, was bearer of the keys of the kingdom
of heaven, and also possessed the power to forgive sins.
He could open or close the door of forgiveness. Dante
contended that the power of the keys could not set aside
the civil law: ‘Therefore I say that although Peter's suc-
cessor can loose and bind within the requirements of the
office committed to Peter, yet it does not follow from that that
he can loose or bind the decrees of the empire, or the laws,
(as was their contention) unless it could be further proved
that this concerns the office of the keys’ (De Monarchia,
trans. Wicksteed, Bk. 3, chap. 8).

The Presbyterians also claimed the power of the keys,
asserting that ‘the keys of the kingdom of heaven were
committed to the officers of the church, by virtue whereof

Notes 113

they have power respectively to retain and remit sins, to shut the
kingdom of heaven against the impenitent both by the Word and
censures, and to open it to the penitent by absolution.’ See
Neale, Hist. of the Puritans 2.10. Cf. also the article, Of
Church Government, in the Directory for Public Worship.

27. 21. Canons and Censures Ecclesiastical. At the close
of the 18th century, the canon law had become a large
body of principles and rules derived from the decretals of
popes and commentaries (g/oss@) thereon. The civil law
consisted of Justinian’s Digest and the commentaries that
had accumulated since the revival of legal studies in the
12th century. Through the development of the canon law
into a system, universally applied in the ecclesiastical courts,
the advantage derived by the secular rulers from the Roman
law had been neutralized. In the varying phases of the
controversy over jurisdiction, the jurists of the civil law—
the civilians—were confronted by an equally well-trained
body of canonists (Dunning, Political Theories, p. 222).

27, 22. A finalexcommunication. The greater excommuni-
cation. This action was part of the power of the keys. The
canon lawrecognizestwokinds of excommunication : the lesser,
by which an offender is deprived of the right to participate
in the sacraments; the greater, by which he is cut off from
all communication with the church or its members. In the
latter case a man was not only sent to Coventry, but liable
to be starved to death. He was regarded by the faithful
as already in hell. The punishment of excommunication cor-
responded to the death-penalty in the Mosaic law. When
a disobedient monarch refused to submit, the pope attempted
to depose him by releasing his subjects from the feudal
duties which had been assumed in the oath of allegiance.

Milton speaks of even the Protestant minister holding forth
the dreadful sponge of excommunication, and pronouncing
the unrepentant sinner wiped out of the list of God's in-
heritance, and in the custody of Satan till he repent (Reason
of Church Government: Bohn 2. 498).

27, 28, Though without a special Text or president. One of
Prynne’s arguments in his Briefe Memento begins : ‘Remember

ances ames

saints |nsrenaee ett sms

114 The Tenure of Kings and Magistrates

that you have neither Law nor direct president for what
you are going about. He contends that Edward II. and
Richard II. were forced by Mortimer and Henry IV. to resign
their crowns in a formal manner’ (p. 13). See also his
argument that there is no precedent for the deposition of
a king in Scripture, nor by Protestant kingdoms (Speech in
House of Commons, Dec. 4, 1648, pp. 91 ff.). He beseeches
parliament not to begin ‘such a bloody president as this,
upon a most false pretext’ (p. 98).

Even some of the members of the committee appointed
by the House of Commons to arrange for the trial of the
king argued that there was no precedent in history for the
judicial trial of a king, and that if the army were determined
that Charles should be punished capitally, the business should
be left to the army itself as an exceptional and irregular
power (Masson, Lafe 8. 699).

27. 25. With lilke indifference. With the same impartiality.

27. 30. Malignant backsliders. The Presbyterian preachers
and pamphleteers. Malignants, cavaliers, dam-mes were the
names bestowed on the royalist party by the supporters of
parliament. Fuller, onwalignant, says: ‘The deduction thereof
being disputable; whether from bad fire, or bad fuel, malus
ygnis or malum lignum: but this is sure, betwixt both, the
name made a great combustion.’

28. 1. The Duke of Saxonie, Lantgrave of Hessen. Maurice,
Duke of Saxony, and Philip, Landgrave of Hesse.

28. 2. The whole Protestant league. The League of
Smalkald, formed by the Protestants of Germany in 1631
as a defensive confederacy, because of the menace of the
Catholic majority at the Diet of Augsburg.

28. 8. Charles the fifth. Emperor of Germany (1519-1555),
champion of the Roman Catholic cause. He was unsuccessful
in his war against the Protestant princes of Germany, being
forced in 1552 to conclude the treaty of Passau, confirmed
at Augsburg in 1555.

28. 4. Renounc’d all faith amd allegeance, etc. For the
proceedings of the Protestant League, see John Sleidan, Hist.
of the Reform., trans. Edmund Bohun, p. 17.

Notes 115

28. 6. Sleidan. Johannes Philippus Sleidanus (1506-1556),
the German historian and dramatist, was called Sleidan from
the name of his birthplace. He was historian to the League
of Smalkald, and deputy for Strasburg at the Council of Trent.
In Milton’s day he was regarded as the authoritative historian
of the Reformation, and of the struggle of Germany against
Spain. His history, written in Latin (1555), was translated
into French, English, German, and Italian. '

Milton also refers to Sleidan in Apol, Smect. (Bohn 8. 130).

28. 10. Their Queen-Regent. Mary of Lorraine, Queen
of James V, Regent from 1554 to 1560.

28. 11, She answering, etc. When the messengers, sent
by the parliament assembled in Stirling, reminded the Queen-
Regent of her former Promises, she answered ‘that the
Pledges of Princes were no further to be urged upon them
for performance, than as it stood with their personal conveni-
ence. To this they rejoined that then they renounced all
allegiance and subjection to her’ (Buchanan, Hist. of Scotland
16: 1. 398),

28. 15. Brchanan. George Buchanan (1506-1582), the
famous Scottish poet and historian. He spent his early
manhood in France, where he was professor of Latin at
Bordeaux. Converted to Protestantism, he was imprisoned
by the Inquisition, and compelled to translate the Psalms
into Latin verse. In 1562 he became tutor to Mary Queen
of Scots, and later to James VI. His greatest works were
those of his last years, 4 History of Scotland and the treatise
De Jure Regni apud Scotos, which was so execrated by
royalists that even as late as 1683 it was burned at Oxford.

28. 18. John Knox (1205-1572).

28. 20. Maintaind op’nly. This debate occurred at a
meeting of a General Assembly of the Kirk, convened in
Edinburgh im June, 1564. Lethington and a number of
courtiers complained to the assembly of a form of prayer
used by Knox in which, they declared, he had used insulting
language regarding the queen. In the course of the debate
the whole question of the lawfulness of disobedience to the
ruler was threshed out.

116 The Tenure of Kings and Magistrates

28, 21. Lethington. William Maitland, the eldest son of
Sir Richard Maitland of Lethington, became secretary to
Queen Mary in 1561. Knox refers to him as ‘William
Maitland of Lethington younger, a man of good learnyng,
and of scharpe witt and reassonyng’ (Knox, Works, ed.
Laing 1. 247.) Queen Elizabeth called Lethington ‘the
flower of the wits of Scotland.’ The common people of
Scotland called him Mitchell Wylie, their name for Macchiavelli.

28, 23. The fact of Jehu, etc. To the argument of his oppo-
nents that the action of Jehu, and other Old Testament cases
of tyrannicide, were extraordinary, and not to be imitated in
modern times, Knox replied in words paraphrased by Milton:
‘And as tuiching that ye allege, that the fact wes extra-
ordinarie, and is nocht to be imitat, I say, that it had ground
of Godis ordinary jugement, whilk command is the idolater
to dey the deith; and, thairfoir, I yit againe affirme, that it
is to be imitat of all those that preferris the true honour,
the true worschip and glorie of God to the affectionnis of
flesch, and of wickit princes’ (Knox, Hist. of Reform. in Scot.,
ed. David Laing, 2. 446).

In discussing the rebuke of King Uzziah by Azarias the
priest, Knox drew this inference: ‘Heirof, my Lord, I
conclude, that subjectis nocht onlie may, but also aucht
to withstand and resist thair princes, whensoever thay do
onie thing that expresslie repugnis tv God, his law or holy
ordinance’ (Jé., p. 450.) In summing up his argument, Knox
declared that he had proved the following contentions:

(1) That subjects had delivered one innocent from the
hands of their king, and therein had not offended God.

(2) That subjects had refused tv strike innocents when a
king had commanded, and in so doing had denied no just
obedience.

(8) That God has not only of a subject made a king, but
has also armed subjects against their natural kings, and
commanded them to take vengeance upon them according
to his law.

(4) That God's people has executed God’s law against
their king, having no further regard for him in that behalf

sence HOA OS A A ete overwei

A AA LL Ct

Notes 117

than if he had been the most simple subject within his
realm.

‘And therefore, yet I am assured that not only God's
people may, but also that they are bound to do the same
where the like crimes are committed, and when he gives
unto them the like power ‘ (Jd, p. 453).

28. 34. Answerable. Corresponding, accordant.

28. 34. John Craig (1512-1600). In early life Craig
became a Dominican friar, and narrowly escaped from a
sentence of the Inquisition at Rome, which had condemned
him to the flames as a heretic in 1559, He at length
succeeded in reaching Scotland. He was minister of the
Canongate for a short time, before he was appointed Knox's
colleague. He was translated from Edinburgh to New Aber-
deen before 1574, but was brought back as King’s Minister
in July, 1580. He survived till the year 1600 (M’Crie, Life
of Knox 2. 53-57).

When Craig was called upon to address the Assembly,
he told of a disputation on this question, which he had
heard at the University of Bologna in 1554. The conclusion
was that all rulers may and ought to be reformed or deposed,
as often as they break that promise made on oath to their
subjects.

29. 5. Knox being commanded to write, etc. Knox
declared that he had agreed to write, but that Maitland,
secretary to Queen Mary, would not allow him to do so,
but had promised that he himself would write and would
show the reply to Knox. Maitland, however, had not been
as good as his word, and now, when the request was renewed
that he should write, Knox refused, giving as a reason that
by doing so he should ‘either schaw my awin ignorance
and forgetfulness, or ellis inconstancy.’

29. 14. The Ecclesiastic History of Scotland. The History
of the Reformation in Scotland. consisting of five books, was
published under Knox's name in 1644. The first four books
are by Knox, but the fifth was by other Scotch divines who
contributed anonymously to the work. Events are set forth
with great detail, many debates and conversations being

118 The Tenure of Kings and Magistrates

given verbatim. Book 4 covers the period 1561-1564. The
book was frequently called The Historie of the Church of
Scotland, and is so referred to by Milton. The original
title of the work is as follows: ‘The History of the Refor-
matioun of Religioun within the Realme of Scotland: Conteanyng
the maner and by what Persons the Light of Christis Evangell
hath bene manifested unto this Realme, after that horrible
and universall Defectioun from the trewth, which hes cume
by the Meanes of that Romane Antichrist.’

29. 18. These troubles. Struggles of the Puritans for a
free church in a free state.

29, 24, They met in the feild Mary thir lawful and
hereditary Queen. Milton drew his facts regarding this struggle
from Buchanan, Hist. of Scot. 18: 1. 440-462. Buchanan says
that Mary was forced to resign her government, ‘on the
pretence of sickness, or any other specious excuse, and to
commit the care of her son, and the administration of public
affairs, to which of the nobles she pleased’ (Jb. p. 461).
See also accounts of this event in Spotswood, Hist. of the
Church of Scotland, ed. Russell, 2. 61 ff.; Knox, Works, ed.
Laing, 2. 558 ff.; De Thou, Hist. Universelle 5. 262-264 ; and
Laing, Hist. of Scot. 2. 187 ff.

29, 28. Five years after that. 1567.

29. 29. Sent Embassadors to Queen Elizabeth. The fol-
lowing were ambassadors: the Earl of Moray, Bishop of Orkney,
Abbot of Dunfermline, Earl of Morton, Lord Lindsay, James
Macgill, Henry Balnaves, Secretary Lethington, and George
Buchanan. The meeting of these ambassadors with the
commission appointed by the English government and by
Mary’s representatives was held at York, Oct. 5, 1567.

29. 31. Had us’d towards her more lenity, etc. An entry
in the Commonplace Book, p. 81, gives us the clue to Milton's
authority : ‘Scoti proceres missis ad Elizabetham legatis post
Mariam regno pulsam, jure id factum multis exemplis con-
tendunt. Thuan. hist. 50, p. 769.’ He follows De Thou,
Histoire Universelle 6. 294.

80. 4. That the Scots were a free Nation, etc. Both
De Thou and Milton must have consulted Buchanan, Hist. of

Notes 119

Scot. 20: 1, 501; ‘The nation of the Scots being at first free
by the common suffrage of the people, set up kings over
them, conditionally, that if need were, they might take away
the same suffrages that gave it. The principles of this law
remain to this day; for, in the neighboring islands, and in
many places of the continent, which retain the ancient speech
and customs of our forefathers, the same course is observed
in creating their magistrates. Moreover those ceremonies
which are used in the inauguration of our kings, have an
express representation of this law, by which it clearly appears,
that monarchical government is nothing but a mutual stipu-
lation between the sovereign and people. It would be tedious
to enumerate how many kings our ancestors have divested
of their thrones, banished, imprisoned, and put to death.’
These sentiments are put into the mouth of Morton, returned
from his English embassy. In a convention of the nobles
held at Stirling, he gave the substance of the Scotch defence
made before Queen Elizabeth. Buchanan, however, in the
manner of an ancient historian, has evolved what he con-
siders to be a fitting speech for the occasion. Other histories
are silent as to this anti-monarchical speech before Elizabeth,
and it must be regarded as a fabrication.

In the protestation made by the Regent and his colleagues ,
at the presenting of the eeke, or accusation of Mary of the
murder of her husband, they asserted that they had used
more lenity to her than she deserved, but there is no mention
in either the pages of Spotswood or Calderwood, or in any
of the documents presented by the Scotch commissioners,
of ancient laws and ceremonies, and power to unking kings,
Such language would scarcely have been palatable to Queen
Elizabeth. The Regent did not say they deposed Mary, but
asserted that she had resigned of her own accord. See
Calderwood, Hist. of the Scottish Kirk 2. 480-473, for a review
of the proceedings. The only evidence in favor of the Buchanan
version is supplied by Camden, Anal, pars 11 (ad ann.
1571). He relates that Queen Elizabeth was extremely
indignant at the views expressed by the Scotch deputa-
tion.

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120 The Tenure of Kings and Magistrates

30. 6. Old customes yet among the High-landers. Cf.
Buchanan, De Jure, p. 157: ‘For the ancient Scots or
Highlanders continue, down to our days, to elect their own
chieftains, and to assign them a council of elders; and those
who do not obey this council are deprived of the honourable
office.’

80. 18. Faction. Raleigh, in The Cabinet-Council (Works,
ed. Birch, 1. 94), defines Faction as ‘a certain association of
divers Persons, combined to the Offence of others. It pro-
ceedeth often of private or public Displeasure, and more
often of Ambition.’

Gibson. See John Mackintosh, Hist. of Civilisation in
Scotland (1898) 2.188: ‘It should be stated, however, that
the preachers sometimes provoked the King. A short time
before this incident [1586], James Gibson, the minister of
Pencaitland, preached in Edinburgh, and uttered the following
statement,—“I thought that Captain James Stuart, Lady Isabel
his wife, and William Stewart, had persecuted the Church,
but now I have found the truth, that it was the king him-
self. As Jeroboam and his posterity were rooted out for
staying of the true worship of God, so I fear that if our
King continue in his present course, he shall be the last of
his race.” For this, Gibson was brought before the Privy
Council and imprisoned. He was afterwards liberated, and
for a time suspended by order of the General Assembly.’

That very inscription. The words on the coin were
borrowed from the emperor Trajan (15. 13). One side of
the coin shows a naked sword, upholding a crown on its
point. Milton has not given the full reading: Pro. Me. St.
Mereor. In. Me. \t is believed that George, Buchanan was
the author of this radical motto. ‘Hoc lemma, says Ruddiman
(quo et suum adversus reges ingenium prodit) Georgium
Buchananum Jacobi VI. praeceptorem subministrasse omnes
consentiunt’ (Anderson, Selectus Diplomatum et Numismatum
Scotie Thesaurus, p. 108).

80. 20. The states of Holland, etc. De Thou relates that
on July 26, 1681, the States-General, assembled at the Hague,
made a solemn renunciation of their obedience and fidelity

Notes 121

to Philip II of Spain, They passed an act to this effect,
and had it published. This bill sets forth that nations are
not born to serve their Princes, but that God has created
Princes for nations. A prince cannot subsist without a people,
but a people may subsist without a prince. After a rccital
of the wrongs done to the people, and the perfidy of the
Spanish court, the document proceeds to release the People
from their allegiance : ‘Qu’ a ces causes, les Etats Généraux
réduits a la derniére extrémité, ont déclaré et déclarent, que
Philippe roi d'Espagne est déchu du droit quil avoit a la
Souveraineté des Pais-bas (Hist. Universelle 74: 18, 522).

A recent historian says that the resolution to depose
Philip II. was taken by the States-General at the Hague,
July 22, 1581. An exhaustive document, setting forth the
reasons of the deposition, was printed and scattered over all
Europe (Blok, Hist. of the People of the Netherlands 8, 151),

31. 4. Thuanus. Jacques Auguste de Thou (1553-1617),
a French statesman, diplomat, and historian. In spite of his
varied activities in camp, in palace, and in foreign embassies,
he accumulated materials for his great work, his history of
his own times, which he wrote after his appointment as
royal librarian in 1593. He carried his work down to 1607.
After his death, it was completed by other hands, and the
first complete edition (1788) consisted of 188 books, It is
usually called Histotre Universelle, but the Correct title is
J. A. Thuani Historia sui Ti emporis. De Thou's history is the
most important work of the kind produced in the 16th cen-
tury. He was singularly impartial and moderate.

31. 5. No state or kingdom, etc. The Prosperity of the
victorious Dutch republic was the talk and the admiration
of Europe. That nation was not only an object-lesson be-
Cause of its struggle for religious liberty, but also because
of its opulence. The journals of travelers and the letters of
ambassadors bore testimony to its rapidly increasing com-
mercial greatness,

81. 5. An evil and Prejudicial eye. Probably while Milton
was writing this pamphlet, Holland’s ambassadors were making
their futile efforts to save King Charles. Milton considered

122 The Tenure of Kings and Magistrates

that it was the height of inconsistency for a Protestant
republic to interfere in the cause of royalty against the
interests of coreligionists. France and other monarchical
governments of Europe stood aloof, but the Protestant states
of Holland sent two special ambassadors with instructions to
use every exertion on behalf of Charles with Fairfax and
the parliament (see Despatch No. 8 in app. to Guizot, Hist.
of Eng. Rev.).

At this time the Dutch were not displaying any too
friendly feeling towards Protestant England. Oliver Crom-
well, a few years later, did his best to bring about an al-
liance, but in vain.

81. 16. Waldenses of Lyons, .od Languedoc. Milton's
authority on Waldensian history was Gilles, Hist. Ecclesiastique
des Eglises Vaudoises 1160-1648 (Pignerol, 1881). The Wal-
densians were a peaceable and harmless people who believed
in obeying the word of Christ, ‘If they persecute you in one
city flee into another’ (Hist. Eccles., p. 8).

The Waldenses were so-called from Peter Waldo, their
founder, a rich citizen and merchant of Lyons in the latter
half of the twelfth century. On the French side of the Alps
they were called the Poor Men of Lyons; on the Italian side, the
Poor Men of Lombardy. Languedoc is the region between
the Rhone and the Garonne.

31. 29. Oaths of Allegeance and Supremacy. On the
discovery of the Gunpowder Plot, the parliament of 1604
enacted severe laws against the Roman Catholics. A statute
required them to take the oath of allegiance, the refusal to do
which incurred heavy penalties. The Act of Supremacy, in
the first year of Elizabeth, imposed on all accepting temporal
as well as ecclesiastical offices an oath denying the spiritual
jurisdiction of the pope. It was an acknowledgment that
the queen, and not the pope, was the head of the Church of
England. The oath of allegiance had to be taken immediately
before the admission of a member to his seat in parliament.
Prynne, in his Briefe Memento, p. 4, accuses the members of
high treason, on the ground that they had broken the oath
of allegiance. He quotes the oath in full. See also Prynne,

Notes 123

The Substance of a Speech made in the House of Commons
on Dec. 4, 1648 (pp. 5, 86). In this pamphlet he accuses
army members of breaking their oaths of supremacy and
allegiance, and the Solemn League and Covenant.

The ministers of Lancashire enumerate as oaths, vows,
and covenants which they have sworn to obey:

(1) The Oath of Allegiance,

(2) The Oath of the King’s Supremacy,

(3) The Vow and Protestation of 5 May, 1641.

(4) The Solemn League and Ccvenant.

The Paper called the Agreement of the People taken into
Consideration by the Ministers of Christ in the Province of
Lancaster pp. 4 and 5.

32. 23. The lesser part of Lords and Commons. The
Presbyterian faction in Parliament.

32. 23. That remaind faithful. They voted against the
Independents in their determination to treat no longer with
the king, and to bring him to justice. On the 2d of De-
cember, 1648, there were 242 in the House of Commons,
The majority were Presbyterians who detested the army and
the Independent minority in league with the army (Masson,
Life 3. 698). After Pride’s Purge (Dec. 6 and 7), when 40
members were arrested and 96 were excluded, the House
steadily dwindled until some 50 or 60 remained, nearly all
of whom were devoted to the army-chiefs.

32. 26. One while to the Commons without th i ords,
On July 28, 1647, the Lords unanimously voted in tavor of
a revocation of the Militia Committee of London. Faithful
Presbyterians in the Commons opposed the measure, but
were outvoted. Owing to these votes, the Presbyterians of
London stormed both Houses of Parliament, and by mob-
violence compelled Lords and Commons to revoke their
unpopular ordinance. This was one case in which the Pres-
byterians were wholly against the Lords (Masson, Life 3.
550, 661).

32. 27, Another while to ihe Lords without the Commons.
When the resolution against the King, and the ordinance for
his trial, were passed by the House of Commons on Jan. 1, 1649,

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124 The Tenure of Kings and Magistrates

all the Presbyterians of London and of the kingdom were
filled with wrath. Their only hope lay in the House of
Lords, Their action of Jan. 2, although of no effect, had
the prayers of all Presbyterians behind it. On that date the
Upper House dealt with the resolution and ordinance sent
up to them by the Commons. ‘Unanimously and passion-
ately all the Peers present rejected both Resolution and
Ordinance, the Earl of Denbigh declaring he would be torn
in pieces rather than have any share in so infamous a busi-
ness, and the Earl of Pembroke, who came nearest to neu-
trality, saying he loved not businesses of life and death. Having
hurled this defiance at the Commons, the Lords were powerless
for more, and adjourned for a week’ (Masson, Life 8.708).

81. 27. Still. Constantly, habitually. Shak. Ham. 2.2.42:
‘Thou still hast been the father of good news.’

88. 1. Thir fine clause in the Covnant. See Introduction.

As to the authorship of this clause, see Baillie, Letters
1. 52-54. Those responsible for the preparation of the text
of the Covenant were the Earl of Rothes, Lord Loudoun,
and the celebrated Scotch ministers, Alexander Henderson and
David Dickson. It is almost certain that either Henderson
or Dickson drew up the clauses. See also Masson, Life 1.
780, note.

83. 4. Ill success. Success was not confined to a favor-
able sense in Milton’s time. Cf. P.-2. 4, 1,—

Perplex’d and troubled at his bad success,
The tempter stood.

83. 5. To evory the least particle. Tc the very least
phrase. The least phrase pertaining to the defence of religion,
liberty, or public peace was regarded by the ordinary honest
man who signed the Covenant as demanding obedience
before the safeguarding of the king’s person, crown, and
dignity. The fine or loyal clause in the Covenant, so Milton
alleges, was inserted to provide a loophole to allow the
Scots to escape the consequences, if the king should succeed
in the war. Cf. 4. 18-10,

83. 8. To prove it, etc. A new paragraph is indicated
here by modern editors,

Notes 125

33. 11. Relatives, In logic, relative terms are those
which denote a kind of . position, one term requiring the
other. Such terms are, king and subject, father and son,
husband and wife,

88. 14. Past their defending. A thing which they cannot
defend,

83. 15. Of force. Perforce.

33. 16. Unking’d the king. Cf. Shak. Rich, I, 5. 5. 87:

Think that I am unking’d by Bolingbroke,

84. 15. Most prudently before hand. The most prudent
defence is that Prepared beforehand,

84, note. Sequester’d him,

A grand Delinquent. Delinquent was a name

the those who assisted
Charles I or Cha:

in levying war, 164
by an Order of

tation of the great
The lands and goods of
estered. As the term delinquent
rs, it is quite fitting that Milton
delinquent,
ject of the king’s trial was first
Mem. p. 858: ‘Divers in the
im for the greatest delinquent.’
were concerned.

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126 The Tenure of Kings and Magistrates

85. 28. Nor know I Covnant so sacred. Buchanan con-
ducts a similar argument. Referring to the mutual compact
that subsists between a king and his subjects he proceeds:
‘Does not he then, who deviates from conventions, and acts
in opposition to compacts, dissolve those compacts and
conventions’? He further asserts that ‘he also, with whom
the agreement was made, becomes as free as he was before
the stipulation’ (De Jure, p. 107).

85. 26. Th. fast and loos of our prevaricating Divines.
Fast and loose was an old cheating game played with a
stick and a belt or string, so arranged that a spectator would
think he could make the latter fast by placing a stick through
its intricate folds, whereas the operator could detach it at
once. Hence the figure ‘to play fast and loose,’ as here,
meant to ignore at one moment obligations which one
acknowledges at another. The whole phrase might be
changed into ‘The slipperiness, or inconstancy, of our quibb-
ling divines.’

85. 27. Oversway’d. Now rare. Prevailed upon by
superior authority. Cf. Shak. Jud. C. 11. 1. 208:

If he be so resolved,
I can o’er- “++ him.

85. 29. And words not works of supererogating Allegeance
to thir enemy. A work of supererogation, according to
Roman Catholic theology, is a work done beyond what God
requires, and constituting a reserved store of merit from
which the Church may draw to dispense to those whose
service is defective. Here the phrase means words (but not
works) more than duty required. The Scotch Covenanters
put into their obligation words of loyalty which were un-
necessary, yet, despite these words of allegiance, thei: sub-
sequent works, i.e. warrings against the King, laid up no
extra store of credit for themselves or others.

85. 35. Our adversaries. He refers here to the Royalists
proper, the delinquents. He makes a distinction between
adversaries and Presbyterians.

85. 35. Ambiguous interpretation. Another reference to
the much-disputed clause in the Covenant.

Notes 127

36. 9. A ridling Covnant, Speaking in riddles, Ambiguous
or enigmatic in expression. Cf, Rom, and Jul. 2. 3. 56:
Be tray good son, and homely in thy drift;
Riddling confession finds but riddling ‘shrift.
See also S.A. 1. 1064: ‘My riddling days.’

36. 35. Degradement. Degradation, abasement,

87. 1. By whose matchless valour. A veiled compliment
to Oliver Cromwell. See Milton's sonnet Zo the Lord
General Cromwell. Cf, Observ. Art. Peace (Bohn 2. 186),

87. 9. Chancelour of Scotland. Lord Lowden.

87. 9. In a speech told him Plainly. Charles was disap-
Pointed at his reception in the Scottish camp at Newcastle, He
found himself a Prisoner, and declared that he was barbarously
treated. The assurances which had been given to him through
his French agent with the Scots, were disavowed by his captors.

The Scottish Commissioners several times attended the
king during his Stay as a prisoner of the Scotch army at
Newcastle, July 1646, and pressed him to agree to the
Propositions for peace forwarded by the English parliament.
Among the rest Lord Lowden, Chancellor of Scotland,
made a speech in which he said: ‘And now, Sir, if your
Majesty (as God forbid) shall refuse to assent to the Propo-
sitions, you will lose all your friends in the Houses, lose
the city, and all the country; and all England will join
against you as one man: they will process and depose you,
and set up another Government ; they will charge us to
deliver your Majesty to them, and to render their garrisons,
and remove our armies out of England; and upon your
Majesty's refusal of the Propositions, both kingdoms will be
Constrained for their mutual safety, to agree and settle
religion and peace without you; which (to our unspeakable

grief) will ruin your Majesty and your posterity, if your
Majesty refuse our faithful advice (who desire nothing on
earth more than the Preservation of your Majesty’s loyal
throne). And if your Majesty lose England by your wilful-
ness, you will not be permitted to come and reign in Scot-
land’ (John Rushworth, Historical Collections 6, 820).

87, 12. Nor did they treat. Strive to make a treaty.

128 The Tenure of Kings and Magistrates

87. 1. Joyn’d them secretly, etc. Milton has no warrant
for this statement. There was no sympathy between the
Presbyterians and the Cavalier party. Although pity for
the king actuated them to some extent, hatred of the Army
and the Independents, and a desire to restore the king to
power in order that he might re-establish Presbyterianism
and suppress schisms, inspired the Scottish Commissioners,
and the faction behind them.

87. 16. They grew madd upon. Became infatuated. The use
of the preposition here indicates the thing to which the emotion
‘s directed.

37. 17. A wost tardy and improper Treaty. The Scot-
tish engagement or secret treaty between Charles and the
Scots in the Isle of Wight (Jan. 1648). By this treaty the
king bound himself to confirm the Presbyterian church
government in England for three years, and to see to the
suppression of Independency and other sects and heresies.
‘n return the Scots bound themselves to invade England, for
the purpose of restoring him to his full royalty. See Masson,
Life 3. 586 ff. It is only fair to say that the Scottish clergy
violently denounced this engagement, and opposed the in-
vasion of England and the second civil war.

87. 18. Bent. Tendency or purpose. Cf. P. L. 11. 597:

Admit delight, the bent of nature.

87. 19. His evil Councel. He alludes to the Sion tract,
wherein mention is made of the attempts made by the King
and his evil counsellors against the liberties of both houses
of parliament, but not a word in Jenunciation of the King
(A Serious and Faithful Representation, p. 6).

87. 22. While he was in thir power. While the king
was a prisoner in the Scottish camp.

87. 38. Specifical. Specific. A thing pertaining to another
species,

87. 88. ith formes and habitudes. In ancient philosophy,
form was the essential determinant principle of a thing, that
which makes anything a determinative species or kind of
being. Cf. Tetrach. (Bohn 169): ‘The form by which a thing
is what it is.’

Notes 129

Habitude. The usual bodily condition, manner of being,
disposition. The whole Phrase might be rendered, ‘In
essentials and appearances.’

87. 84. Dead as to law. Cut off from civil rights, and
so legally reckoned as dead. A banished subject was so
regarded.

38. 4. Was no more to spare, etc. That the king was
not above the law, but subject to its penalties, if a male-
factor, has already been asserted in this pamphlet. This is
also one of the leading theses of the Firs? Def. See also
Eikon. (Bohn 1. 360).

38. 6. Obnoxious to the doome of law.

Obnoxious 1, liable to, exposed to. This was formerly
the prevailing use of the word, Cf. Eikon. (Bohn 1. 898) :
‘Wholly obnoxious to his will.’

Doome, a judgment or decision, especially one formally
Pronounced and adverse to the accused.

88. 7. His own confession at New;ort. On Sept. 18,
1648, the Commissioners chosen by parliament met King
Charles at Newport, in the Isle of Wight, and presented
the same propositions which were placed before him at
Hampton Court. The first Proposition, to which Milton refers,
was also presented to the king at Newcastle. The able
runs: ‘Whereas both Houses of the Parliament of England
have been necessitated to undertake a war in their just and
lawful defence.’ Charles objected to subscribe to such a
statement, as he saw clearly that it would be a confession
of his own guilt. After debating the matter for a week,
he withdrew his objection, but stipulated that nothing to
which he agreed should have any validity, unless a complete
understanding were arrived at on every point, and thus
convinced himself that whatever concessi.- he might make
would be merely nominal. As Charles had himself no
expectation that an understanding could ever be reached,
he was thus enabled to Promise whatever he found con-
venient, without regarding himself as in any way bound by
his word. As nothing came of +e negotiations at Newport,
Milton's argument that Charles confessed to the truth of the

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130 The Tenure of Kings and Magistrates

thrice-repeated charge is, to say the least, far from satis-
factory. See S. F. Gardiner, Hist. of the Great Civil War
8. 472. For the full text of the first proposition, see Rushworth,
Hist. Coll. 6.309. See also Neale, Hist. of Pur. 2.81, and
Marsden, Later Puritans, p. 280, Cf. First Def. (Bohn 1. 201):
‘At the treaty in the Isle of Wight the king openly took
upon himself the guilt of the war, and cleared the parlia-
ment in the confession he made there, which is publicly
known.’

88. 10. Ahab. See 1 Kings 22. A stock illustration of
a wicked king disobeying God. ‘As we reade of wicked
Achab, who crediting the flattering couselle of the false pro-
phetes, disobeyed God in contening the trueth tolde hi by
Micheas: but to his owne destructio’ (Goodman, How
Superior Powers ought to be Obeyed, p. 126).

Antiochus IV. Epiphanes (B.C. 175-164). He decreed
that in religion, law, and custom all his people should be
one. This edict met with serious opposition in Judea, for
the observance of the Sabbath, circumcision, and abstinence
from pork and othe: anclean foods, were forbidden under
penalty of death. By command of Antiochus, offerings were
made in the temple to Jove, and the courts were polluted
by indecent orgies, Mattathias, a Jewish priest, and Judas
Maccabeeus, his son, organized a rebellion.

Goodman, and other Protestan* preachers, were in the
habit of holding up the name of Antiochus as a specimen
of a wicked idolatrous king.

38. 12. Meroz. See Judg. 5.23. See also 54. 2.

88. 12. Meroz Cursed: a sermon preached to the House
of Commons Feb. 28, 1441, by Stephen Marshall. Speaking
of this sermon, Clarendon says that ‘the preacher presumed
to inveigh against, and in plain terms to pronounce God’s
own curse against, all those who came not with their utmost
power and strength to destroy and root out all the malig-
nants who in any degree opposed the Parliament’ (.Yist. of
the Rebellion 6. 40).

Christopher Love, pastor of Ann, Aldersgate, and one of
the Sion House ministers who issued the tract in defence of

Notes 131

the king, is quoted by John Price as having preached and
published a sermon in which Charles was denounced as an
Achan, whom the Lord cut off because he troubled Israel,
and expressing a wish that ‘our State-Physicians would
resemble God, to cut off those from the Land who ‘ave
distemper'd it; melius est ut pereat unus quam unitas’
(unsico-Classicum pp. 9 and 54).

Price also says of the Presbyterian ministers: ‘When you
were for the Parliament against the King and his forces,
you stirr'd up the peuple with Scriptures, Curse yee Meros,
etc. (1b. p. 25).

38. 14, Fulminations, In medieval times a fulmination
(lit. the bursting forth of thunde~ and lightning) was the
formal issuing of condemnations ¢ _ensures by the pope or
other ecclesiastical authority. Milton is really using the word
here in its early sense. The Presbyterians are, therefore,
compared with the pope.

85. 22. Thir owne discipline. The form of Presbyterian
church government, agreed upon by the Ass: nbly of
divines at Westminster. According to the discipli » devised
by the Westminster Assembly, ignorant and -andalous
persons were to be suspended from the sacrament of the
Lord’s Supper. If a convicted sinner expressed godly sorrow
and repentance, and subm.“ted to the censure of the eldership,
he was to be restored to his privileges. If he remained
hardened in his sin, he was to be excommunicated. Milton
declares that the Presbyterians had absolved Charles in spite
of the fact that he remained unrepentant.

38. 28. Ministers of sedition. Hugh Peters advised the
London ministers to ‘forbeare to stirre up the people to
sedition’ (Clerico-Classicum, p. 11).

38. 32, Cease not to incite others, In 1648 the Pres-
byterian pulpits were ringing with invectives against the army.
In a tract Clerico-Classicum or The Clergiallurum to a Third
War, an answer to the Sion House tract, John Price declares
that these London ministers were calling their opponents
‘a rebellious Army, a generation of Vipers, a viprous brood,
an oppressing Army, an Amny of Hereticks, a Schismaticall

132 The Tenure of Kings and Magistrates

Army, an Army whose lives are not worth a prayer, and
whose deaths are not worth a teare’ (p. 7).

Cf. First Def. (Bohn 1. 192); ‘ They [the Royalists] had on
their side most of the shopkeepers and handicraftsmen of
London, and generally those of the ministers, that were most
factious.’

89. 5. Erected minds. Erected, active, attentive. Cf. Sid-
ney, Apol. Poetrie, ed. Arber, p. 26: ‘Our erected wit, maketh
us know what perfection is.’ Cf. Areop.: ‘Our thoughts more
erected.’

89. 9. Angry with the Jews. 1 Sam. 8.

89. 18. His own ancient goverment. A theocracy whose
leaders, Moses, Joshua, Samuel, governed according to the
direct inspiration of God.

89.17. Other Nation; Although the struggle in England
was looked upon with great interest by European nations,
there was at this time no similar upheaval.

89. 21. Other ample autority. Referring to the evidence
which he has adduced in this pamphlet, the sayings of such
princes as Trajan, Lewis the Pious, and Leo the Isaurian.

89. 23. That. Later editors insert they before this pronoun.
That, however, might refer back to people (1. 8).

89. 80. To dispose. To ordain, to appoint, to make ar-
rangements.

To oeconomize, to act as the governor of a household.
Milton uses the word literally, from otxog, house + vduog,
from véuey, to manage. Cf. S.A. 1746.

‘Suarez, the Jesuit, riseth up against the royal authority
of Adam, in defence of the freedom and liberty of the people;
and thus argues: By right of Creation (saith he) Adam had only
oeconomical power but not political (Filmer, Patriarcha, p.81).

40. 4. Tenure and occupation. Land-tenure in England
is in the main feudal, that is, the person possessing or oc-
cupying the land holds it from a superior According to the
English theory, all land is held of the king, either mediately
or immediately.

Occupation, actual holding or possession of land, tenure,
occupancy. ‘

Notes 133

40. 14. What way they could soonest. Usually by as-
sassination. See Introd.

40. 32. Which lately some have written. Prynne, Walker,
and the authors of the Sion Home tracts. See 27. 28,

40. 82. Thir great glory. Ambiguous. Refers either to
Protestant kingdoms or to writers of pamphlets,

It is not, neither ought to be, etc. A clever epigram, by
which he avoids a reply to an unanswerable argument.

40. 38. Do what they doe. The tense and mood would
indicate that this paragraph was written before the trial of
the king.

41. 3. The highest top. Top was a favorite word with
Milton. He uses it some 18 times in P. Z, Milton was sure
that he was engaging in a great cause.

41.12. To havock. Havoc was originally an army
order, a signal for general spoliation or pillage. Cf. Shaks,
J.C. 3.1, 878: ‘Cry havock, and let slip the dogs of war.’
Cf. Of Ref. in Eng. (Bohn. 2. 411): ‘A perpetual havock
and rapine.’

41, 15. Pismires, Obs, except in dialect. Earlier name
for ant. In the Genevan Bible (1560), Prov. 6.6 is trans-
lated, ‘Goe to the pissmire, O sluggard.’ The word was
often used figuratively, being applied Contemptuously to per-
sons, as here.

Cf. Ready nnd Easy Way (Bohn 2. 118): ‘Not so much
true spirit and understanding in them as a pismire.’ He
refers to pismires as examples to imprudent and ungoverned
men, of a frugal and self-governing democracy or common-
wealth. See also Exkon, (Bohn 1. 496),

41. 22. Unforcible things. Another plea for liberty of
conscience. Cf. Treat. Civ. Power Eccles. Causes (Bohn
2. 520f.). He did not believe that the church should borrow
the arm of civil power to force men to subscribe to any
church-discipline. See Observ. Art. Peace (Bol.n 2. 186).

41. 28. Drifts, Schemes, plots, devices, Rare. See
Knolles, Hist. Turks, p. 647: ‘Beware that by their wily
drifts thou perish not.’ Cf. Zo Rem, Hire. (Bohn 8, 29):

aerate en

Oe

134 The Tenure of Kings and Magistrates

‘His political drifts or conceived opinions’; Eikon. (Bohn 2.
808): The cunning drift of a factious and defeated party.’
41. 24. Worst of mem. The reference here seems to be
to the prelatists of the Laudian type, who would force
ritualism and ecclesiastical courts upon the people.

41. 25. To dart against. The usual expression is ‘to
dart at.’ The Presbyterians, he tells us, are throwing into
the ranks of their own brethren, the Independents, the mis-
used laws and texts—darts, which have been discharged
against themselves.

41. 28. Malignants. See 27. 30.

41. 31. Either extreame passion, or apostacy. This use
ot the enemy's weapons can be explained only in one way,
either the Presbyterians have given way to bad temper, or
they have become turn-coats.

41. 35. Thir liberty to bind other men’s consciences.
Cf. Areop. (Bohn 2. 90).

41. 1. Brotherly accord. For a moment, Milton harks
back to the mildnéss of the first sentence of this paragraph.
After all, the Presbyterians are brothers in their opposition
to prelacy and papacy. The Independents are anxious to
live at peace with them. Although Cromwell and his party
resolutely upheld liberty of conscience, they tried to placate
the Presbyterians. See a pamphlet issued by order of par-
liament on 23d of September, 1649, Declaration of the Par-
iament in the Vindication of their Proceedings, which makes
a friendly appeal for the support of the Presbyterians, For
various acts and votes which followed up this declaration
see Masson, Life 4.128. In Observ. Art. Peace (Bohn 2.193),
Milton argued that toleration in religious matters was not
against the Covenant.

42. 2, An old and perfet enemy. Stern, Milton und seine
Zeit, 1. 440, identifies the old and perfect enemy (alten,
schlauen Feind) with the king.

42.9. Princes. See Ps. 146. 3.

41. 11. Stories. Histories.

41. 12, Christiern. CChristiern II. (1513-1528). See
Buchanan, Hist. of Scot., Book 20, 1. 501: ‘ Of late, Christiern,

Notes 135

King of Denmark, for his cruelty, was forced out of the
kingdom, with all his family; which surely is a greater
punishment than any of our people ever inflicted upon any
of their kings.’

According to De Thou, Hist. Univ. 4. 50, where the story
“= told, this event took place in 1620. He places the number

‘hose slain at seventy-four. See also Mallet, Hist. de Danm.
2 23 ff.

2.18. Maximilian, Emperor of Germany (1498-1519). In
1485 the citizens of Bruges rose in revolt, seized Maximilian,
killed his German knights, and put to death his supporters
in the city. The emperor was obliged to make humiliating
terms in order to save his own life. He took a solemn oath
in the Bruges market-place to observe the conditions imposed
upon him, but a few days after his release, when he had
joined his father’s army, he wrote to the officials of the city
that he did not intend to abide by the terms which had
been forced upon him. Five years later he reduced Bruges
to subjection, exacting an indemnity of 80,000 gold crowns,
and executing many of the leading citizens. See Boulger,
Hist. of Belgium, pp. 262 ff,

42. 21. The massacre at Paris. The massacre of St.
Bartholomew, Aug. 24, 1572,

42, 22. That credulous Peace. In 1572, Charles IX effec-
tually deceived Coligny and the Protestant party by sending
letters patent into all parts of the kingdom in which he
praised the fidelity of the Protestant princes, and enjoined
the authorities to enforce the edict which he had given in
favor of the reformed religion. Their suspicions being lulled
by these marks of the king's favor, the Protestants were lured
to Paris, and the Massacre of St. Bartholomew, so carefully
planned, took place, Aug. 24, 1572. Milton Probably read
De Thou’s pages describing the king’s treachery. See Histoire
Universelle 6. 339-415.

In his chapter on treaties of peace and alliance, Bodin
urges the rigorous maintenance of good faith. He says he
prefers to adduce foreign instances, rather than those at home,
which he would wish to be buried in everlasting oblivion.

136 The Tenure of Kings and Magistrates

Hallam, in his Introd. to Liter, of Europe 2.226, points out
that Bodin is probably alluding to the day of St. Bartholomew.
See Bodin, De Repub., chap. 5,

42. 26. The perfidious cruelty. See Commonplace Book,
p. 54: ‘ Carolus Stus multas protestantium civitates his insidiis
decepit, atque ab armis continuit. Hist. Concil. Trident.
1 2, p. 179.’

42. 30. Belgia. Belgium. Referring to the struggles of
the Spanish Netherlands against Spain to achieve religious
freedom. See Boulger, Hist, of Belgium, pp. 260 ff.

In Neples. In 1647, the Neapolitans rebelled against the
power vf Spain because of her Oppression. Under the
leadership of a fisherman, Aniello, nicknamed Masaniello, the
revolt succeeded for atime. While it was at its height the
representatives of Spain promised untaxed fruits and other
measures of relief, but they revoked these promises after
the leader of the revolt was killed, and when it appeared
to subside. Although the Duke of Guise came to take the
place of Masaniello, the City was betrayed into the hands of
the Spaniards in April, 1648. With Customary perfidy, Spain
dealt out punishment to Naples, instead of living up to her
Promises. See J. B. Perkins, France under Mazarin 1, chap.
8 and 2, chap. 16,

42. 84. Twise promis’d. See 4 Sam. 24. 16-22; 26, 214,

48, 3. Those enemies, The prelatists and royalists,

43. 12. Office of good Pastors. Milton was lavish with
advice to ministers to mind their own affairs. Cf. Anmad.
Rem. Def. (Bohn 8. 78); To Rem. Hire, (Bohn 3, 40); Of
Ref. in Eng. (Bohn 2, 398),

43. 15. Huddl’d up, Hurriedly and carelessly thrown
together, crowded together without order. Cf. Etkon (Bohn
1. 458): ‘I shall huddle him [the chaplain], as he does prayers,’

48, 16. A whole lazy week. For an attack on Presbyterian
divines for laziness, see Observ, Art, Peace (Bohn 2. 196).
He calls them ‘prodigal misspenders of time.’ Ancther vivid
description of a lazy minister's life is given in Areop. (Bohn
2.80). See also Introd.

Notes 137

48. 16. But by incessant Pains, etc. Milton’s conception
of the ideal minister, Feeding the flock was @ favorite
Phrase. Cf. ‘The hungry sheep look uy
etc. (Lycidas 119-197), See also Of Ref, 1;

8 atical Sidesmen. Offici
rds
Rem. Def. (Bohn 3. 83):
sessions and jail deliveries,
(Bohn 2, 189); «

The Assembly of Divines at
estminster was commissioned by parliament in 1643 to
revise the articles, to draw up a confession of faith, a
directory of Public worship, and a scheme of church gov-
ermment.
fell to Progging and solliciting the Parlament.
€ modern form is i ivi

the Lord-Mayor and
with a representation
of some of them, and a Petition for redress’ (Neale, Hist,
of Pur. 2, 36),
‘See but how these men
Committee for Plundered ministers,
removals from day to day, and how
men to act for them, calling themse!
and + ‘titions godly, learned, and
Clergy in their Colo;
Presbyterian Clergy
Ref. in Eng. 2, 418):
44. 2. Tithes and
8, 84),

Rate SN te an

=

138 The Tenure of Kings and Magistrates

By the ordinance of Nov. 16, 1646, ‘all tithes appropriate,
oblations, obventions, and portions of tithes, etc., belonging
to the said archbishops, bishops, and others of the said hier-
archy ; all which, together with £ 80,000 yearly rent belonging
to the crown, they reserve for the maintenance of preaching
ministers’ (Neale, Hist. Pur. 2. 36).

Rev. John Goodwin, in The Novice Presbyter Instructed,
paints the comfortable condition of the Presbyterian clergy
much as Milton does, although he does not accuse them of
double livings: ‘Is not the whole English element of church-
livings offered up by the state to their service? Are not
all the benefices of the kingdom appropriated to their order ?
And all others thrust out of doors to make room for them '?
(quoted by Neale, 1b, 2. 48).

Dcuble-lin’d themselves. Accepted two or more benefices.

44, 8. Places of commoditie. Positions of selfish benefit,
profit, interest. Cf. Reas. of Ch. Govt. (Bohn 2, 474): ‘To
their great pleasure and commodity.’

44.5, Consistory. Original meaning in Latin was standing
place, waiting-room, whence meeting place of the emperor's
council, the emperor’s cabinet. Later it was used to signify
meetings of ecclesiastical bodies, such as the Ppope’s senate,
ora bishop's court ; in the Reformed, Genevan, or Presbyterian
Polity, a court of presbyters. According to Milton, the con-
sistory was equivalent to the Scotch kirk-session. The minister,
‘each in his several charge,’ presides, and he and his elders
and deacons adjudicate upon questions of discipline which
concern the members of the congregation. Cf. Reas. of Ch.
Gout. (Bohn 8. 165): ‘Every parochial consistory is a right
homogeneous and constituting part, being in itself, as it were,
a little synod.’

44. 9. To belly cheare. To feast luxuriously. When the
Presbyterian ministers met at Sion College, they not only
talked politics, promoted designs, i. e., discussed ways and
means of furthering the ends of their denomination, but
refreshed the inner man as well. Cf. Animad. Rem. Def.
(Bohn 8, 81): ‘A race of Capernaitans, senseless of divine
doctrine, and capable only of loaves and belly-cheer.’

Notes 139

See his amusing sketch of the well-fed chaplain in Areop.
(Bohn 2. 85, 86).

Provincial assembly twice
a week in Sion in London from 1647-
Sion Col

of London, 1666,
Cripplegate Street

of Lancashire,

44, 21, tyrants. For an account of
erians, see Neale, Hist, Par,
from 4 7% estimony to the Truth

44. 28. Meroz. See 45. 17.
45. 2. Those abro:

ministers,
(1488-1546). In Apol. Smect. (Bohn 3,
180), Milton praises ‘the tart rhetoric’ of Luther's style.

46. 11. Sleidan. See 28. 6.

45. 12. Is est hodie, etc. From Luther's answer to the
&vievances of the Boors, who, in 1526, under the leadership
of Thomas Munzer, advanced
should be had in co
of the Reformation,
the Munzerians,

140 The Tenure of Kings and Magistrates

all vengeance to himself, and the Scripture commands us to
obey the magistrate, though he be wicked "; also, ‘It is indeed
the duty of Christians to suffer and bear the cross, not to
resist, revenge, nor smite with the sword’ (Bk. 5, p. 92).
When Luther had answered the Socialists, he addressed like-
wise a monitory to the princes and nobility, pointing out to
them the folly of their course in grinding the faces of the
poor. It is in the course of his warnings that he uses the
words quoted by Milton: ‘For this is now the present state
of affairs, that men neither can, nor wili, nor indeed ought
to suffer our arbitrary rule any longer.’ Further on he says:
‘For my part, I have from the very first always taught
modestly, abhorred all seditions, and earnestly exhorted the
people to obedience to their Magistrates ; nay, and advised
them too, to bear with your wicked and tyrannical Domi-
nations’ (p. 94). In spite of Luther’s advice to the people
the Boors arost in armed rebellion. ‘Then published Luther
another Book; wherein he exhorted and incited all men to
hasten to the destruction of those villanous Traytors, Robbers
and Parricides, as they would run to the quenching of
a publick Fire.—He tells the Magistrates that they should
not scruple nor fear to set upon and suppress that Seditious
Rabble: That it was properly their Duty to do so: Nor was
it lawful only for them, but also for every private Man, by
any way whatsoever to kill a Rebel, because Rebellion was
the greatest of Evils that could happen in a State’ (p. 96).
Tt can be seen, therefore, that in this place Milton is com-
mitting the sin for which he reproaches his opponents,
wresting authorities to his own purpose in a most unscrupulous
manner. If Milton had quoted from Luther's later writing,
he might have found some justification for his parade of the
father of the Reformation as an authority. In later years
Luther modified his views on passive obedience. He was
obliged to admit that self-defence sometimes became the
right of the Christian, and especially was this so in the case
of tyranny (see Luther, 7ad/e Talk, trans. Hazlitt, sec. 828,
p.833). While teaching the duty of passive obedience, Luther
frequently declares his contempt for princes. ‘They are,’ he

Oe eee Nesey ean, ae

ec

blaze that Zwinglius and
that we are stark blind’

quotations from Z
Schulthess, 1, 42. 3

Notes 141

After ‘titles’ add,
ids his own Church.’

and to the People,

45, 22, Cochleus, Johannes Dobeneck (1480 ?.
Voluminous German scholar in
He was a stout
He proposed a d
th

itary kings also,
is. A tyrant of A,

46. 16. Zwinglius, Ulrich von Zwingli (1484
Swiss reformer. His Principal writing was Commentarius de
Vera et Falsa Religione.

1581), the

‘We have looked so lo;
Calvin have beacon
(Areop.: Bohn 9, 90).
46.17. Quando vero perfide, etc, For the first five

wingli, see his Opera, ed. Schuler and
80.

ng upon the
ed up to us,

02

142 The Tenure of Kings and Magistrates

46. 25. God is the chief leader in that action. The
Latin phrase is Deo fit auspice. Otherwise the translation is
literal.

47. 6, Romanum imperium, etc. See Opera 8. 498. The
title of the letter is, Zwinglius Conrado Somio et Simperto
Memmingensi. Zwingli's teaching on this question is expressed
concisely in The Acts of the First Ziiich Disputation: ‘To
magistrates all Christians owe obedience without e..ception,
in so far as they do not command that which is contrary
to God. If they give good advice and help to those for
whom they must account to God, then these owe to them
bodily assistance. But if they are unfaithful and transgress
the laws of Christ, they may be deposed in the name of
God’ (S. M. Jackson, Selected Works of Zwingl, p. 115).

47. 11. Calvin (1509-1564).

47. 12. Hodie monarchae, etc. See Calvin, Pralectiones in
Librum Prophetiarum Danielis, p.60. Comment on Dan. 4. 25,

47. 22. Abdicant se terreni principes, etc. 6. p. 91.
This quotation is incomplete. The original sentence is as
follows: ‘Potius ergo conspuere oportet in ipsorum capita,
quam illis parere, ubi ita proterviunt ut velint etiam spoliare
Deum jure suo, & quasi occupare solium ejus, acsi possent
eum e clo detrahere. Nunc ergo tenemus sensum hujus
loci.’ Comment on Dan. 6. 26.

For Calvin's advocacy of passive obedience to established
authority, even to the worst tyrants, see Jnstitutes, chap. 20,
parts 25 and 31. See Introd.

47. 27. Buoer. Martin Bucer, the Alsatian reformer (1491—
1551). A Dominican converted to the reformed faith by the
writings of Erasmus and Luther. In 1522, as a preacher to
the people of Wissemburg, a free city of Alsatia, he attained
great success. Later he became a pastor in Strasburg. He
endeavored to effect a union between the Lutherans and
Zwinglians. In concert with the iandgrave, Philip of Hesse,
he also tried to establish peace between the Protestants and
Catholics of Germany, but without success. Invited to
England by Cranmer in 1549, he became professor of theology

Notes 143

at Cambridge, where he Spent the rest of his life. Bucer
was consulted by Henry VIII about his divorce. His views
on this question were On 16 July, 1644,
Milton issued Judgement of Martin Bucer

the high app
have given of Martin Bucer.’

47. 28. Si princeps superior, etc. See Sacra Quatuor
Evangelia, ed. 1558, p. 55. Bucer’s comments on the magis-
trate, as quoted by Milton, occur in his commentary on the
Phrase, ‘Resist not evil’ (Matt. 39, 5).

48. 4. Pious magistrates, Bucer says it is the Part of
Pious princes and magistrates (py3 brincipes et magistratus)
where Milton mentions only magistrates,

48. 12. Peter Martyr. See 30, 12.

48, 13,

his son Philip,

Milton has not reproduced the entire Passage, which is as
follows: ‘Quorum est constituere magistratus, corm etiam
est, enormiter grassantes cohercere, aut tollere, (si non desistant
grassari contra Deum, et contra rempublicam), Constituuntur
autem vel per senatum, vel per electores, vel per alios

faciunt, cum Cohercent aut tollunt
Davidis Parei in Divinam ad Romanos §, Pauli
lam Commentarius,’ Opera Theologicorum, art

But Pareus Proceeds to forced resistance to tyrants by
Private persons, instancing David, who, a Private person,
would not lift his hand against the Lord’s anointed. The
only remedy was to take action through the constituted
authorities (see 14, Pp. 807).

144 The Tenure of Kings ana Magistrates

See Reas. of Ch. Govt. (Bohn 2. 497) where Milton speaks
of ‘the grave authority of Pareus, commenting that book’
(the Book of Revelation). Pareus is alco quoted on divorce
law (Bohn 8. 187).

48. 21. Knox. In Observ. Art. Peace, Milton says that
John Knox ‘taught professedly the doctrine of deposing and
killing kings’ (Bohn 2. 196).

Whose large treatises. Sce Knox, The First Blast of the
Trumpet against the Monstrous Regiment of Women, 1652.
This book appeared in the same year as Christopher Good-
man’s How Superior Powers ought to be Obeyed; and both
declare the regiment [government] by women contrary to
the teaching of the Bible. Sze also Certain Questions Con-
cerning Obedience to Lawful Magistrates, with Answers by
Bullinger, 1554 (Works of Knox, ed. Laing, 8. 217 ff.)

48. 25. Knox appeal; and to the reader. The Appellation
of John Knoxe from the cruell and most unjust sentence
pronounced against him by the false bishoppes and clergy of
Scotland, with his supplication and exhortation to the nobilitie,
and comunallie of the same realme. Printed at Geneva, 1558,
In the same volume is published Anthony Gilby’s 4n Admon-
ttion to England and Scotland, to call them to Repentance.
The summary of the proposed Second Biast of the Trumpet
is printed at the end of the Admonition, and is headed, John
Knoxe to the Reader. Milton has given the substance of the
four brief points, the last of which is as follows: ‘But if
either rashely they have promcted any manifest wicked
personne, or yet ignorantly have chos:n such a one, as after
declareth himself unworthie of regiment above the people
of God, and such be all idolaters and cruel persecuters,
moste justely may the same men depose and punish him,
that unadvysedly before they did nominate, appoint, and
electe’ (Works of Knox, ed. Laing, 4. 539, 540).

48. 33. Cartwright. Thomas Cartwright (1535-1608) was
the greatest preacher and writer among the early Puritans,
As professor of divinity in Cambridge. he built up a party
opposed to the constitution and hierarchy of the Anglican
Church. Driven from his college by the prelates, he visited

Notes 145

Geneva, but soon returned to England and became involved
in religious controversy. Forced into exile in 1578, he be-
came minister of churches in Antwerp and Middelhurg.
Returning once more to England in 1585, he was for a time
imprisoned, but spent his last years in affluence and peace.
As an upholder of the Presbyterian form of church govern-
ment, he was the most influential writer and thinker of his
party.

Fenner. Dudley Fenner (1558?-1587), a celebrated tutor
in Cambridge. Owing to his support of Cartwright’s doc-
trines, he was obliged to leave the university before taking
a degree. He followed Cartwright to Antwerp, where he
was a minister of the Reformed Church. Returning to Eng-
land about 1588, he became a curate of the established
church, bi, refusing, to subscribe to articles drawn up by
Whitgift, he was imprisoned for some months. On his
release he retired to Middelburg, where he became minister
of the Reformed Church. Here he died in 168". The work
cited by Milton was Fenner’s masterpiece, in the composition
of which he spent seven years. Fenner wrote many treatises,
and is regarded as one of the ablest of the early Puritan
apologists,

49. 1. Book of Theologie. Sacra Theologia, sive Veritas
quae est Secundum Pietatem, 1586. With introductory epistle
by ‘his loving brother,’ Thomas Cartwright.

The quotation is from 5. 18.81: ‘Monarchie leges pro-
priz sunt.’ :

49.6, Cartwright in a prefix’d Epistle, etc. He addresses
Fenner as ‘Ornatissimo et clarissimo fratri, et in ministerio
college, Dominc Dudleio Fennero.’ Cartwright occupies
most of the preface of eight small quarto pages in describing
the qualities of mind and heart requisite to a great theologian.
The art of the theologian he asserts to be the most difficult
of all intellectual pursuits, and compares the queen of the
sciences with other branches of learning.

49. 9. Anthony Gilby (1510-16357). Gilby early became
a pamphleteer, in opposition to Bishops Gardiner and Hooper.
During Mary’s reign he was forced into exile. He joined

146 The Tenure of Kings and Magistrates

the English congregation at Frankfort, and assisted in the
translation of the Bible, known as the Genevan version, first
printed in 1560. Returning to England not later than 1664,
he became vicar of Ashby in Leicestershire. Thomas Fuller,
in his Worthies of England (Lincolnshire, p. 167), mentions
Gilby as being, after his return from exile, ‘a fierce, fiery,
and furious opposer of the Church Discipline established in
England.’ In his Church History Fuller refers to Gilby,
Whittingham, and Goodman as the fierce (not to say furious)
sticklers against church discipline. These three he says,
‘were certainly the Antesignani of the fierce Non-Conform-
ists.’ Owing to dissension in the congregation at Frankfurt,
Gilby, Goodman, Whittingham, and others, with their families,
moved to Geneva in 1555. Here they erected a church and
formed a congregation. Christopher Goodman and Anthony
Gilby were appointed ‘to preach the Word of God and
minystyre the Sacraments’ in the absence of John Knox
(Works ot Knox, ed. Laing, 4.147. In the full list of Gilby’s
works, catalogued by Laing in his Works of John Knox
(4. 548-550), no mention is made of such a title. The quo-
tation must be drawn from one of the numerous books where
he touches upon this topic. In his pamphlet, 4n Admonition
to England and Scotland to call them to Repentance (re-printed
in full by Laing 4. 553 ff.), Gilby takes the same ground as
Knox and Goodman.

49, 12. England’s Complaint against the Canons. This