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I I Blank leaves added during restorations may appear ' — ' within the text. Whenever possible, these have been omitted from timing / II se peut que certalnes pages blanches ajoutees lois dune restauration apparaissent dans le texte, mais, k)rsque cela etalt p C.lMo„./cr Lif, cf MiUcn, app. to Lh:. .f Edw. „„d Jck^ Phthpi, ed. Godwin, p. 841. Leading Ideas xv crisis in English history, we find that Milton is devel- oping his philosophy of freedom. In his previous writings, all o; them timely performances, he had contended for religious and domestic freedom, for a free interpretation of the Bible, for free education, for liberty of investigation, of speech, of the press ; ' in The Tenure of Kings and Magistrates he was to re- emphasize most of these ideas, and to make his first •i^ plea for civil liberty, to anticipate modem thought in ';; the statement and defence of great and generous i| principles. In the compact and weighty pages of this pamphlet, he presents the following leading ideas, which were to command such attention from the whole 'i Europe in their elaborated form, in the Lat- in pei.^yds of the replies to Salmasius and Morus :— (1) All men naturally were bom free (9. 24); (2) as a result of a voluntary compact, kings and magistrates were appointed by the people as deputies and com- missioners, repositories of communicated and en- trusted power (9. 31 «.) ; (3) laws were invented by the people as checks to confine and limit the author- ity of magistrates (10. 21fr.); (4) bonds or covenants were also imposed upon rulers to compel them to observe the laws which the people had made (11. 9ff.); (5) the power of kings and magistrates re- mains fiindamentally in the people as their natura' birthright (11. 7ff.); (6) the king or magistrate may be chosen or rejected, retained or deposed by the people (15. Uff.); (7) men should be governed by the authority of reason (1. 1, et passim). Commenting on these political maxims for a new society, Geffroy says : ' Milton was not a practical statesman, and his plans for a future social fabric were too often pure ^ See his own statement iu Sec. Dtf. (Bohn 1. 257 ff.). ivi iKtroductkn Utopias, but he loved liberty passionately, he conse- crated to her defence his entire life, with an elevation of spirit, a generosity of soul, which distinguished him from all his compatriots and all his contemporaries. He is worthy of being numbered with the precursors of our eighteenth century, and his writings offer to the historian and the philosopher the curious and sublime spectacle of a new society commencing to be bom." But if Milton's main purpose in writing this attack on tyranny was to lay down the program of consti- tutional liberty, his secondary aim was to chastise his former fritjnds the Presbyterians, and to pour out the bitterest vials of his wrath upon their inconsistent divines. The controversial character of his treatise is indeed very marked. Stern calls the acrimonious attack on the Presbyterians the shell of the pamphlet, of which the abstract argument on the origin of govern- ment, and the right to depose and punish a tyrant, is the kernel.' According to the Second Defence (Bohn 1.260), it was the inconsistent conduct of the ministers which impelled Mihon to write this exposure of their inconstancy and effrontery. Not only as the greatest opponents of his goddess, Liberty, but as his own personal foes, did Milton eagerly embrace 'he oppor- tunity to reveal their various shortcomings of thought and life. In a sermon preached before the Houses of Parliament in 1644 by the Rev. Herbert Palmer, Milton's tractate on divorce had been openly called ' a wicked booke which deserves to be burnt.' ■' The ■Westminster Assembly, displeased from the same 1 jmphlrls Politiqufs ft ReUginix de Milton, pp. 224, 225. ' Milton und seine Zfit 1. 441. ' The Glasie of God'i Providence towards his Faithfull Ones. A Sermou preaclied before the Houses of Pailt., Aug. 13, 1644. Liading Ideas xvii cause, had the ' libertine ' ' summoned before the House of Lords. It was not the nature of the poet to accept these strictures in a spirit of Christian for- giveness : from the date of the publication of his Colas- terion, references to the Presbyterians in Milton's prose and verse are bitter in tone. 'From that time,' says Orme, 'he never failed to abuse the Presbyterians and the Assembly. It is painful to detract from the s fair fame of Milton, but even he is not entitled to vilify the character of a large and respectable body of men, to avenge his private quarrel.' ' Whether he was actuated by personal reasons or not, whether he loved himself rather than truth, in thus turning upon his former party, as Doctor Johnson avers,' it was not necessary for the author of The Tenure of Kini/i and Magistrates to invent charges against the Presby- terian preachers and writers. No party ever laid it- self more helplessly open to attack. And no contro- versialist ever fell more mercilessly upon a vulnerable ; enemy than Milton upon the men who were preach- ' ing and writing in a vain effort to save 'the Lord's : anointed.' * In addition to their sermons in the pulpits of London, the Presbyterian divines expressed their new-found loyalty to the king by sending out two tracts from Sion College. The first, which we have already men- tione.1, was signed by 47 ministers, including Case, Gatal:er. Gower, Rowborough, and Wallis of the West- minster Assembly, and was addressed to Lord Fair- ' Clement Walker calls Milton ' a libertine that thlnketh his wife a Manacle,' Hist, o/ fndtp.^ pt. 2. 199. • Ltfi and Timts 0/ Rich. Baxirr 1. 70. ■ Li/t of Mitten, in Works, ed. Hawkins 2. 101. ' For a full discussion of Milton's relations with the Pres- byterians, see Masson, Lij of Milton 2. 377 and 8. 468 ff. Introduclicn fax and the Council of War, Jan. 18, 1649. A few days later, another pamphlet was issued as a defence against charges of inconsistency. It was entitled, A Vindication of the London Ministers from the unjust Aspersions upon their former Actings for the Parliament, and was signed by 57 ministers. Still a third deliv- erance came from the Presbyterian ministers of Lan- cashire, entitled. The Paper called the Agreement of the People taken into Consideration. William Prynne and Clemen. Walker, for the laymen, issued a Decla- ration and Protestation, and -ne former made a very long speech in Parliament on Dec. 4, 1648, and now returned to the subject in his Briefe Memento. In all these writings, the Presbyterians used the most force- ful language in denouncing the course of the Army and Independents as utterly opposed to the Solemn League and Covenant, that to depose or to put to death the king would be contrary to all legal prece- dent, to Scripture, and to the Oaths of Supremacy and Allegiance. It was easy for Milton to throw himself upon this literature, and to compare the senti- ments of the present with those of the past, to show that these very men, in sermon and in pamphlet, had formerly cursed the king as a t;,rant, as one worse than Nero (5.25; 8. 7 ; 38. 10 ff.); that they had commended the war against the king (7. 27ff.); that they themselves had broken the Oaths of Supremacy and Allegiance (82. 26 ff.), and by making wai on the king and denying his authority had absolutely deposed him (32.34ff.); and that they had broken the Covenant (34. 30ff.), and had really taken the life of the king by robbing him of his office and uignity (36. 25 If.). The Covenant 1 V. The Covenant. It was useless, he held, for the Presbyterians to defend their former actions by appealing to a certain clause in the Covenant. But to understand Milton's contemptuous reference to the ' fine clause of the ' riddling Covenant," it is necessa' to pause for a mo- ment to consider this bone of cuntention among all parties in the last year of Charles' reign. The Solemn League and Covenant of August, 1643. was based upon the Scottish National Covenant of 1688, which in its turn had been imported from France. A religious pact between England and Scotland, it was not only a league between two kingdoms to defend their civil liberties, but paved the way for uniformity in church matters, for the aboUtion of episcopacy, and the esiablishment of Presbyterianism in England. On its acceptance by the English parliament, copies of the document were signed at Westminster,' and in nearly all the parishes of England and Scotland. The text of the Covenant' was easy to understand, but it contained one clause which was afterwards to be interpreted according as a man turned to the support of king or parliament. This offending clause read as follows :— ' We shall with the same sincerity, reality and constancy, in our several vocations, endeavour with our estates and lives mutually to preserve the rights and privileges of the Parliaments, and the liberties of the Kingdoms, and to preserve and defend the King's Majesty's person and authority, in the preservation and defence of the true Religion and > The event is described by Ne«le, Hhl. of the Puritans 1. 4G6. See also Whitelocke, Afemor. 1. 202. • For a full text of the Covenant see Eashworth, Htsi Call I 6. 478, 479. c2 InmductioH Liberties of the Kingdoms; that the world may bear witneu with our consciences of our loyalty, and that we have no thoughts or intentions to diminish his Majesty's just power and greatness.' ' In the first Sion House tract the Presbyterian ministers accused Cromwell's party of esteeming the Covenant (refer- ring of course to the above clause) no more than ' an almanack out of date.' In their second protestation they held that ' the taking away the life of the King, in the present way of Trial is, not only not agreeable to any word of God, the principles of the Protestant Religion (never yet stained with the least drop of bloud of a King) or the fundamental constitution and government of this Kingdom, but. contrary to them, as also to the Oath of Allegiance, the Protestation of May 5, 1641, and the Solemn League and Covenant: from all, or any of which Engagements, we know not any power on earth, able to absolve us or others." The ambiguous clause of the Covenant follows, and the citizens are exhorted to hold to it rather than to commit the sin of perjury, and so draw upon them- selves and the kingdom the blood of their sovereign.' Prynne also quotes the ' fine clause ' ^nd thus continues : ' This Covenant you have all taktn yourselves (some of you often)' and imposed it on all three Kingdomes: And will it not stare in your faces your consciences, and engage God himselfe, and all three Kingdorncs. as one man against you, if you should proceed to ' A Serityiti and Faithf. Rfpres. etc., p. 7. • A Vinduation of the Ministers of tht Gospel . . . wi't/i a sfiorl Exhortation to their People to keep close to their Cirvenant- tngagemeni l,p. 5ff. » Besides the national pledge, there -were local voluntary covenants, by which groups of individuals bound themselves to sustain the parliamentary cause and to be faithful to one another. See Mem. of Col, Hutchinson, p. 143. The Ccvnaitt depose the King, destroy his person or disinherit his posterity? yea, bring certaine mine upon you and yours as the greatest Covenant breakers, and most per- jured Creatures under Heaven.' * Again he says ; * Consider that Scotland and Ireland are joynt tenants, at least wise tenants in Common with us in the King, as their lawfull Soveraigne and King, as well as ours : and that the Scuts delivered and left his person to our Commissioners at Newcantle, upon this expresse con- dition : That no violence should be offered to his Person, etc., according to the Covenant." The Pres- byterians supported their constant quotation of this clause by trying to prove from Scripture that oaths, trusts, and covenants were broken only by sinful men. Yet, however dogmatic the divines and Prynne were on this question, others construed the loyal clause in quite a different sense. John Price reflects this dif- ference of opinion. ' The Presbyterian,' he observes, ' pleads Covenant-engaging conformity (as they urge) with the Church of Scotland : The Parliamenteer pleads Covenant, engaging to preserve the rights and jiriviledgrs of Parliament : The Royalist pleads Covenant, engaging to preserve and defend the Kings Majesties Person and Authority: The Armists plead Covenant, engaging to preserve the liberties of the Kingdome, etc. So that you have made the Covenant a meere contradictious thing, like unto one of the Diabolicall Oracles of the Heathens, speaking nothing certaine but ambiguities." Another critic, this time a textual expert, complains that the Presbyterians make 'a stop at Authority,' 'And thus ' A Britfe Memento, p. 8. " A Brirfe Memmto, p. 18. The clause Is quoted In full on p. 89. See a]so his Speech delivereii in the House of Commons, Dec. 4, 164S, pp. 17, 18, for a furious attack upon the Covenar'-breakers • Cierico-Classicum, p. 27. '"" IniroductioH our English sentence* are read with Scotch comma's and periods, and the Covenant made to speak what it never meant, and Covenanters to undertake absolute- ly what they promise but conditionally, by the Scotch Artificers, who make it a nose of wax.' > That Milton was fully justified in heaping contempt upon the Presbyterians for using Scotch commas and periods in their cavilous reading of the ' unnecessariest clause ' (8. 1 ; .S3. 1 : .98. 27; 35. 19; 86. 9; 36. 16), we have it on the evidence of Whitelocke that the Scotch them- selves had changed their minds as to its meaning. In Dec, 1645, the Pariiament of Scotland voted ' that the clause in the covenant, for the defence of the kings person, is to be understood in defence and safety of the kingdom." Yet in the very next month they made a declaration to the English Parliament that the king was to remain prisoner with 'safety to his person." On July 27, 1647, the Assembly of the Kirk of Scotland ordered a public fast, for the danger to religion and reformation by sectaries in England, 'and that the Covenant may be kept." In August, 1647, when Fairfax moved on London, and the In- dependents gained the upper hand in pariiament, Whitelocke mentions the increased emphasis with which the pulpits in Scotland urged 'the necessity of that kingdom to maintain the ends of the covenant against all violation.'' After this brief review of the con- troversy, the plain reader will agree that Milton's many criticisms of the riddling Covenant were well founded.' > The Jovial Tintfr of England, p. 7, ' Whitelocke, Mmor. 2. 99. • MJ. 2. 183. ' JiiJ. 2. 194. ' For other references to the Covenant in Milton's Oiltri: Art. Pace (Bohn 2. 197), Eiion prose, see 390), First Def. {1. 193). The Pmtylerian Divines VI. The Presbyterian Divines. When we turn to his attack on the Presbyterian party, we are also constrained to admit that Queen Truth was on his side. Alluding to their sins in general, he accuses them of intolerance to oth»r sects (41. 19). of rendering assistance to the Royalists whom they themselves had called reprobates and enemies to God and his church (41. 25), and of opposing the Independents, who are. he declares, their best friends and associates (41. 92). In his criticism of the life and conduct of the Pres- byterian divines, however, we realize that Milton is prejudiced and unfair. His severest accusation is that these men, who formerly denounced the prelatists for being pluralists. are guilty of the . same offence. He charges that 'pluralities greas'd them thick and deep ■ (7. 26) ; it would be good if they ' hated plurali- ties and all kind of Simony' (43. 28); they have gorged themselves ' like Harpy's on those simonious places and preferments of their outed predecessors, ... not to pluralitie onely but to multiplicitie ' (51. 18 if.) : they have followed ' the hot sent of double livings and Pluralities,' etc. (56. 31 ff.). In his History of England, a work begun at this time, Milton roundly declared that the Presbyterian ministers did not scrupir; 'to seize into their hands, or not unwillingly to ac- cept (besides one, sometimes two or more, of the best livings), collegiate masterships in the universities, rich lectures in the city, setting sail to all winds (hat might blow gain into their covetous bosoms.' ' Neal, in his History of the Puritans, is silent on this question, nor does Shaw in the latest and most complete work ' msl. o/ Eng. (Bohn B. 238, 289). ixhr hmduction on the history of the English church during this period' mention any instances of Presb.-terian plu- ralism. Marsden resents these charges w;" asperity They are, he says, simply the result of Milton's harsh and vindictive mood, his attempt to avenge himself upon the Westminster /.ssembly." Masson, while he criticizes Milton for his • somewhat ungenerous sum- mary (48.26ff.) of the history of the Westminster Assembly,- • adduces several instances where leading Presbyterian divines accepted lectu'eships at the uni- versities or in the city,« but makes no mention of ordinary cases, where two or more benefices were held by Presbyterian ministers. Owing to his preju- dices, Milton may have unduly magnified a few cases of this kind, yet, in spite of exaggeration, there was some ground for his repeated accusations. AtUched to a proclamation of Sir Thomas Fairfax in 1847 » there is a statement that according to • the petition of many thousands of the poore sequestered clergie of England and Wales,' ■those who are put into our places [Presbyterian divines] labour by all means to stir up the people, and to involve this kingdom in a new war, and are generally men ignorant and unable to instruct the people, and many of then- ire scandal- ous in their practices, if impartially examined; and divers of them hold three or four of the best bene- fices, whilst divers other churches are void and without any constant preachers.' In a tract published in 1646 Thomas Tookey, M. A., charges Mr. John Yaxley with exacting 'the worldly sweet of two distinct congre- ' W. A. Shaw, Uiti. 0/ i -. Church. * Hitt. of Later Pun/am. p. 86. • Masson, Li/t of ifillon 4. 72. * Masson, Life 8. 469. • a™/, PamphUt!, Br. Museum, 325, 420 cat. 5. Tht Prttiyitrian Divines xxv pition,/ Yaxley, he ,ay,. -had peeped inf, murh lope, so that, tho «.„ he could not; now >he can account both nonresidency and sabred thievery dearly lawful gamful, hopeful, and netdful.- In another pamphlet specific instances are not given, but the general charge .s boldly made. •! could instance in many places, says this anonymous foe of the Pres- bytenan clergy, -where superstitious and blind buzzards were put out of their livings, and s,„ne of the ortho- dox men [Presbyterians! put in their roomes, and when they had got good livings were they, or are they contented? Some hold livings in the country, and to take the fleece. Some hold two or three livings they can find a greater, nay, they will fight for a better hvmg rather than lose if In view of this contemporary evidence, however prejudiced some of It may be, we must agree that it bears out Miltons fr,if ^TT """ "■' P^^by'^rian ministers were WhX ,?' "n™" ** P'"'"^''"' ^'^-^ of pluralism. ist«s W^'lr "h •^«=^%<=.'"Symen -mutinous min- isters (56^28), 'dancing divines' (7.15), -doubling divines' (9. 17), 'prevaricating divines ' (35. 27) 'f covetous and ambitious generation ' ,51 !■) a4\ur bers of the civil affairs' (43. 9), he may also be well withm the truth, but when he denounces them as being covn tongues of falshood and dissention' «o oV' ."""'"'"^ °f sedition' (38. 28) 'firebrands' (89. 2), It must be said that he is descending to coarse abuse. In the most scandalous passage of this treatise (48.8fr.) he accuses them of meddlesome- ness, of neglecting their studies, of laziness, of being ' ^» /mpection/cr SfMlual /mprcr-rm^i, etc., p, 5. Th, CUrgy in thrir Cclers. etc., p. 41. ""I'i Introductim tyrants over other men's consciences, of covetousness, of simony, of pride, of gluttony, of hypocrisy, of being pulpit firebrands. Not content with saying all these things, he returns to the charge in the second edition of his book, repeats his accusation ^pluralism (51. ISff.) and formulates a new indictment in the amusing pas- sage (55. 7 ff.) in which the ministers are called ' nimble motionists,' time-servers, careless of all considerations except their own material advantage. In the year which elapsed between the publication of the first and the second edition, he also happened upon a Presbyterian pamphlet written as far back as 1643, which he used as a postscript text for further abuse of his clerical foes.' The title of this tract, Scrip- ture and Reason, is a fitting introduction to our next topic, Milton's Use of Scripture. VII. Use of Scripture. In the seventeenth century. Scripture and reason were the touchstones for Puritan arguments on nearly every subject. It was the common custom to prove anything from the Bible, sometimes with the consent of reason, sometimes in defiance of com- mon sense. The poet Waller, for instance, made a speech in the House of Commons in objection to the bill to enforce the burial of the dead in woollen shrouds, and thought he had proved his case when he cited the evangelist who has recorded that Christ was buried in linen. And if the Bible was used with advantage as an authority on general subjects, it was believed by Milton, and all Puritans, that no one could impose, believe, or obey aught in religion, but from ■ Bee note on 61. 86. Use of Scripture xxvii the word of God only.' Inasmuch as the subject's relation to his prince involved questions of conduct, the Bible was regarded as an authority on such themes as the divine right of kings and the legitimacy of armed resistance to tyrar>« The translation of the Old Testament by Lu'htt i.iuplied his followers, and the Calvinists also, \i th an arseiia. .f arguments on political questions. 'lit stcirmy h story of the Jews afforded precedents tc ihf u-i!v'>ld'jrs of divine right, of passive resistance, and of tyrannicide. Needless to say, the teachings of the law and the prophets were regarded as of equal authority with the precepts of Jesus and the apostles. ' Calvin had set forth in his lectures,' says Weill, 'that it would be chimerical to wish to transform all the laws of Moses into laws for modern society. Yet in spite of his objection, the political government of the Hebrews seemed to the religionists of the reformed party a model to copy in all its details : and the example of the monarchy of Israel, so often denounced by the prophets and over- thrown by insurrectionists inspired by God himself, fortified their hatred of despotism, and their con- fidence in ultimate s-ccess." The Protestants, how- ever, were in two camps, as far as jjolitical theory was concerned. Although Luther and Calvin were somewhat ambiguous, the former was more a defender of the theory of the divine right of kings than of civil liberty ; the latter advised passive resistance, but by his utterances against tyranny encouraged such disciples as Knox and Goodman in more revolutio- nary principles. The Lutheran defenders of despotism naturally attached more weight to the teachings of the New Testament, especially the Pauline and ' Of Trut Rtligion, etc. (Bohn 2. 513). ' Its TtUorits sur l< Pouvoir Rtyal en Fraiue, p. 82. *""' IniroJuciion Petrine dicta on unreserved submission to magistrates. The Protestant defenders of civil liberty, Knox, Buchan- an, and Milton, for example, emphasized the rebell- ions and cases of tyrannicide in the history of Israel, and did their best to explain away the awkward pas- sages in the New Testament. Certain texts and instances in both the old and the new Scriptures became loei classici for controv'ersialists. The friends of monarchy advanced the following leading arguments from the Bible:— (1) When David had Saul at his mercy, he refused to kill the Lord's anointed : (2) God punished Israel because of her revolt against Nebuchadnezzar, her lawful sovereign : (3) when David, in Psalm 51, confessed the murder of Uriah, he did not admit that he had sinned against his subject, but only against God: (4) according to 1 Sara. 8. 11-18, God conferred certain rights upon kings; (5) in the New Testament they relied mainly upon three texts- Rom. 13. 1 : 1 Pet. 2. 13, 14 ; Tit. 3. 1 : (6) Luke 20. 25, and the fact that Jesus submitted to Pilate, were also often cited. On the other hand, the opponents of the theory of divine ■ ight justified rebellion to tyrannical princes on these Biblical grounds:— (1) Ehud, Jael, Jehu, and Judith killed tyrants, being sent by the Lord as liberators; (2) David did not kill Saul, for their quarrel was a matter of private enmity; but at any rate the Lord approved his armed resistance to the forces of the king; (8) the priestly town of Libnah re- volted against Jehoram' (Weill says that Libnah was a sort of La Rochelle to the Protestant writers); (4) the tribes of Israel fell away from Rehoboam ; (5) the Maccabees repelled the Syrian tyrant. This searching of the Scriptures for arguments to support political theories had been in full swing for ' See 1 Kings 8. 22. Use of Scripture xxix over a centun when Milton undertook to review the well-worn citations in this treatise. He dwells upon the rebellion of Jeroboam against Rehoboam (16. 6), the deposition of Samuel (16. 12), and the three eases of tyrannicide— by Ehud (20. 29), by Samuel (22. 33), and by Jehu (23. 6). In all these citations he uses Scripture fairly, but in other places, where the plain sense of the text or incident is against him, he does not hesitate to wrest the Scripture to his purpose as unscrupulously as any of his opponents. When he quotes Deut. 17. 14, ' I will have a king set over me," he interprets these words as referring solely to the people's right of choice, thus deliberately ignoring the words in the next verse, ' Thou shalt in any wise set him king over thee, whom the Lord thy God shall choose ' (15. 20). The Royalist argument from Psalm 51, though it seems absurd to the modern mind, was hard to meet with a direct answer, so Milton brushes it aside with the remark that, after all, these are only ' the patheticall words of a Psalme ' (14. 18). The New Testament texts aie also treated with a high degree of ingenuity. He cannot get round the simple words of 1 Pet. 2. 13, 16, where Christians are enjoined to obey superior powers, so he adds the phrase • as free men,' a refinement used by Christopher Goodman in 1558.' Paul's dictum in Kom. 18. 1, 'For there is no power but of God,' is explained as referring not to tyrannical, but tj just power only. This gloss upon the text had also been used by Goodman. The use which Miho'.i makes of Rev. 13. 2 is an excellent example r,f how eagerly he strained after any text which might seem to uphold his argument (17. 26). Other New Testament texts quoted by him are also arbitrary, and seem ineffective to present-day readers, * S«e note on 17. 11, ""'' Introduclion but were no doubt regarded as forceful citations by Milton's contem])oraries.' The pamphlets of such writers as Prynne, Walker, and Filmer, and indeed all the Stuart controversialists, abound in what seems to us a tiresome and even ludicrous use of Scripture. Compared with these and other pamphleteers, Milton is very sane in his exegesis, and moderate in his citation of texts. A ^'rotesque use* of Scripture in this pamphlet should also be mentioned, namely, the allusion to Adonibezek's sufferings (55. 21), and the story of the priests of Be! (56.35). These illustrations are characteristic of Milton's prose. Vin. Background of Political Thought. Before discussing the special sources of Milton's political doctrines, it will be necessary to pass in review several of the main ideas which he inherited from the theorists of the sixteenth century, and which had their roots in the writings of the Middle Ages. The contractual origin of society and goveinment, the sovereignty of the people, the authority of reason, the divine right of kings— all these topics had engaged the argumentative powers of sixteenth century pam- phleteers. Certain great movements of thought had contributed to the furtherance of civil and religious liberty in that age— (1) the struggle between the papacy and the rising power of kings, (2) the Prote- stant Reformation, with its appeal to the Bible and reason as the sole authorities of life and conduct, • See aotes on 24. 2, 24. S, and 24. 12. ' For examples of this hamorous use of Scripture tee Srm. Dif. (Bohn 8. 86) ; Ibid. (Bohn \ 74) ; Bras Ch. Gmt. against Pr,l. (Bohn 2 468); Ft:st Drf. (Bohn 1.41, 211), etc. BackgnunJ of Political Thought xxxi (3) the influence of the Renascence in resurrecting the classics of Greece and Rome, with their republic- anism, their passion for liberty, and their approval of tyrannicide, (4) the increased study of Roman law, and (5) the rise of the historical spirit, and of the modem historical method. All these currents of thought converge in The Tenure of Kings and Magistrates. It is one of the remarkable facts of history that the doctrine of the sovereignty of the people came from the bosom of the Roman Catholic Church, the arch- foe of modernism, and the determined obstructer of civil and religious liberty. Upholders of this church, however, both in the Middle Ages and in the sixteenth centurj', emphasized the power of the people, in order to check the growing independence of the king. They were not actuated by any desire to promote democracy, but simply and solely to belittle the dangerous rivals of the pope. • Civil power,' so wrote Pope Gregory VII to Bishop Hermann of Metz, ' wa.s the invention of worldly men, ignorant of God and prompted by the devil; it needed not only the as- sistance, but the authorization, of the church.' In conformity with this teaching, Marsiglius of Padua declared that the king might be restrained or deposed if he overpassed his prescribed bounds. In order to exalt the church, this pioneer of political theory re- cognized the people as the origin of all power in the state.' From the time of Augustine, the origin of civil government had been ascribed to Adam's fall, and Cain and Nimrod were asserted to be its first founders. ' The church was therefore ready to admit any form of civil government that wou'" listen to her ' Poole, /Itmt. J/isL Med. Thought, p. 229. ■ Ofera. ed. Ooldasl, 18. 18B. *'"'" Introduction claims. Theoretically she had no preference for mo- narchical institutions; rather, it should seem, she was inchned to promote a democratic sentiment." This principle, then, that the people is supreme, so well- known m the Middle Ages, was eagerly seized upon by the opponents of the Reformation, which was Itself furthered and protected by the princes of Germany and the kings of England and .«weden. A school of Jesuit writers arose to battle for the theory that man- kind is naturally at liberty to choose its form of government. Towards the close of the sixteenth century, they had even become defenders of tyran- nicide, and argued that it was not a sin to depose or put to death a heretical monarch— for the church held that it was a fundamental law of all countries that a sovereign must be a Roman Catholic. Mariana, the Spanish Jesuit, openly approved the assassination of Protestant rulers,' In his able exposition of the political teachings of the Jesuits, Figgis sums up this doctrine as follows :-' Power is in the people, for nature made all men free and equal, and there is no reason why one should have one jurisdiction rather than another. The whole community, then, is the im- mediate depositary of political power. But it cannot exercise it directly. It must delegate its power to a king or ruling body, under such conditions as shall please it.'' In opposition to this purely utilitarian and secular theory of the state advanced by the defenders of the papacy, the early Protestant reformers set up the theory of the divine right of kings. This also is one of the anomalies of history, that those great religious leaders, ' Poole, llluslr. IIisi. Mrd. Thought, p. 281. * De Rfgt et Regis /mtitutiotu 1. 7. ' Tram. Royal /list. Soc. 11. 104. Backgnund of Political Thought xxxiii who put in motion all the forces of modem liberty, should have been at the outset the upholders of despotism. It was owing to the force of circumstances, however, that Luther, Calvin, Bucer, and others became supporters of the regal power. Kings were their sole protectors against the persecuting rage of the papacy, and it was but natu dl and reasonable that they should magnify kingly authority, in order to combat the claims of the church to absolute sovereignty. Luther, there- fore, and his successors searched the Scriptures for divine sanction to the rule and right of kings. As we have seen, they found many texts to supi)ort their views ; hence the dogma, which was destined to become such a weapon of tyranny in the hands of the Stuarts, that the king is appointed directly by God, that he is solutus legi'ms, that he is respon.sible to God alone, and that the perpetual duty of the subject is obedience. But Luther's followers, such men as Knox, Gilhy. and Poynet, learned that divine right was a doctrine that could mean hindrance and oppression, instead of progress and liberty, and that the Bible also authorized resistance to idolaters and tyrants. In the seventeenth century, Protestant teachers agreed with the Jesuits in asserting the sovereignty of the people. We should remember, however, that when Milton says the power of kings is derivative and transferred (12. 8) ; when the author of the Case of the Army Truly Stated (Oct. 15, 1647) says, 'All power is originally and essentially in the whole body of the people of this nation ' ; or when, in January, 1649, the committee of the House of Commons, ultra-Protestant and Rome-hating as it was, voted 'that the people, under God, are the original of all just power ; that the Commons of England have the supreme authority of this nation,' they were each and all indebted to d I "*" In/roduclioH Hildebrand, and an army of Romanist writers, for such a theory of civil liberty. We can understand, therefore, that there was a substratum of truth in the declarations of the Royalists that the revolutionary opinions of Cromwell's soldiers were the result of the propaganda of Jesuit priests, who entered the ranks of the army on purpose to sow their anti-monarchical opinions. The Jesuits were not there in the flesh, but the writings of Molina, Mariana, and Bellarmine had come to full flower in The Grand Army Remmslrance, in the fierce democracy of the Levelers, and in T}ie Tenure of Kings and Magittratet. The chief buttress of the theory of popular sov- ereignty is the idea of the social contract, the conten- tion that the origin of kingship is to be traced to the remote occasion when the multitude, of their own accord, transferred to one of their own number the rights and powers of the magistrate. In this treatise, Milton states this opinion, not as a theory, but as a com- monly accepted fact (9.31). Although this notion of the contractual origin of society and government was an inheritance from Epicurus, Polybius, and others,' it was adopted by the mediaeval upholders of the papacy as a valuable argument for their purposes. Manegold, a priest of Lutterbach in Alsatia, who wrote in defence of Hildebrand, clearly states the famous theory : ' Since no one can create himself emperor or king, the people elevates a certain one person over itself to this end that he govern and rule it according to the principle of righteous government ; but if in any wise he trans- gresses the contract by virtue of which he is chosen, he absolves the people from the obligation of submis- sion, because he has first broken faith with it.'» This ' See note on 9. 31. ■ Poole, Illmt. Mid, Tkmtght, p. 282. Background of Political Thought xxxv plain statement was accepted by almost all the political theorists of the sixteenth century, but the defenders of monarchy argued that by this agreement the people siiTendered their power to the ruler and his heirs. Towards the close of the century, after the question had become very thoroughly discussed, we find the contractual idea imbedded in the maxims of the Three Estates in 1684 : ' La royaute est un office, non un her- itage.— C'estle peuple iou> e. \m qui dans I'origine crea les rois.— L'Etat est la i ho.se du peuple ; la souverai- nete n'appartient pas aux princes, qui n'existent que par le peuple.— Un fait ne prend force de loi que par la sanction des fitats, rien n'est saint ni solide sans leur aveu.'> Milton is therefore following closely in the footsteps of a long line of thinkers in founding royalty on a primitive contract, the conditions of which were dictated by the people. And, like others who had gone before him, he finds a sanction for such a league in the covenants of the cho.sen people, and, in later history, in coronation oaths and pledges.' On this theory he bases his arguments (1) that titles of 'Sovran Lord, natural Lord, and the like, are either an-ogancies or flatteries' (12. 17), (2) that the king has not a hereditary right to his crown and dignity (12. 27), (3) that kings are accountable, not only to God, but to the people (13. 11), (4) that the people may choose or reject, retain or depose me king, as they see fit (15. 1 1). Out of these doctrines proceeds his outspoken declaration that the people may take up arms against a tyrant, 'as against a common pest, and destroyer of mankind, that it is lawful and has been so through all ages, for any who have the power to convict, depose, and put him to death.' Because this is his ' BandriUart, /. Bodin et Son Temps, p. 10. * See notes on 9. 31 ; 12. 4. as i IP ' iHlrcduclion thesis, The Tenure of Kingt and Magiitrates occupies a unique place in English literature, for it contains the first attempt in our language tn trace even partially the history of tyrannicide, and it might also be added that until the present no later writer in English has supplemented the material gathered in this treatise and in the First De/mcr of the English People. ' Although Milton was indebted to Buchanan's dialogue, DeJure Regni apud Scotos (1579), for some references on this topic, and possibly to Bodin's De Sepublica (1576), Ik did research-work on his own account, and has cited here, and elsewhere in his writings, principally in his First Df'frnce, many quotations from the ancients on the subject of tyranny. In this pamphlet, Milton pays most attention to instances of tyrannicide from Jewish history, but he draws one important quotation from Seneca (22. 17) and vny.^es a general statement concerning the practice among the Greeks and Romans (20. 10). His definition of a tyrant shows his knowledge of Aristotle's opinions on the subject (12. 13). He also cites Euripides (14. 22), Dio Cassius (14. 29), Livy (16. 20). and St. Basil (19. 27). In the second edition he added a formidable array of quotations from the Protestant theologians. This pamphlet, however, was written hurriedly, and he did not have time to make an exhaustive study of the subject. In the days when he toiled over the pages of the First Defence he was able to go into the question more deeply, and perhaps nothing in Milton's prose reveals the vast eitent of his reading more than his citations on this theme. He quotes Aristotle (Bohn 1. 37. 88, 46), Sallust {ib. 1. 38, 39), Cicero (ib. 1. 39), M. Aurelius (ib. 1. 49) ; he refers to Tiberius ' For a review of the literature on the subject cf tyrannicide see the Appendijc. Background of Political Thought xxxvii as 'a very great tyrant' (ib. 1. 4«); the senate and people of Rome would have been justified in pro- ceeding against Domitian • according to the custom of their ancestors,' and in giving judgment of death against him, as they did once against Nero' {ib. 1.81); he calls attention to Cicero's praise of Brutus as a saviour and preserver of the Commonwealth yib. 1.90). •All men' he says, -blame Domitian, who put to death Epaphroditus, because he had helped Nero to kill himself {ib. 1. 93). He points out that Valen- tinian was slain by Maximus (ib. 1. 106j, Avitus was deposed by the Roman senate (ib.), Gratian was killed by the soldiers (i4.). Diodorus and Herodotus are quoted as authorities for the stories of the deposition of Egyptian tyrants, and the former also yields exam- ples from Persian and Ethiopian history {ib. 1. 121 ff.j. Plato, Aristotle, Xenophon, Cicero, and Polybius are all cited in rapid succession (iJ. 1. 125). Of the poets, he quotes iCschylus (it. 1, 126), Euripides, and Sophoc- les {ib. 1. 127). In a review of the Roman historians, he cites Sallust {ib.), Cicero, Livy, Tacitus, Dio Cas- sius {ib. i. 128), Pliny {ib. 1. 131), and Capitolinus (ib. 1. 133). After quoting Seneca, he continues: 'By what has been said it is evident, that the best of the Romans did not only kill tyrants as oft as they could, and howsoever they could; but that they thought it a commendable and a praiseworthy action so to do, as the Grecians had done before them' (ib. 1. 132). In the Second Defence he declares that the Greeks and Romans 'are the objects of our admiration be- cause of their resistance to tyrants and their treat- ment of tyrannicides, whose brows they bound with wreaths of laurel and consigned their memories to im- mortal fame ' (ib. 1. 217). The poets are also eulogized ; for ' I know that the most of them, from the earliest ^^ I ■""■"ii InlroduciioH times to those of Buchanan, have been the strenuous enemies of despotism" (lA. 1, 241). Although he uses Protestant opinions, he was ob- hged to pass by the sixteenth cf-ntury Roman Catho- lic writers on this subject, for citations from their pages would have been offensive to his readers. In- deed, he takes care to abuse the Jesuit doctrine in favor of tyrannicide, in these words: -And let him ask the Jesuits about him |Ormond|, whether it be not their known doctrine and also practice, not by fair and due process of justice to punish kings and magistrates, which we disavow not, but to murder them in the basest and most assassinous manner, if their church interest so require." But this criticism of the Jesuits comes with bad grace from the eulogist of Har- modius, Brutus, and the other glorified assassins of Greece and Rome. IX. Sources. Turning now to the special sources of The Tenure of Kings and Magistrates, we find that Milton's chief debt is to George Buchanan, author of the celebrated revolutionary treatise, De Jure Regni apud Scotos, which was published in Edinburgh in 1579. Buchanan and Knox were students at St. Andrews, and imbibed their passion for popular rights and hatred of tyranny from their teacher, John Muir, who held that kings derived their power from the people, could be con- trolled by them, and, if tyrannical, might be deposed. Knox expressed these views in his argument against Lethington, to which Milton refers (28. 21) ; in his famous interview with Mary, Queen of Scots ; and in the trea- tise which gave such offence to Queen Elizabeth, ' See Di Jurt Regni nfttd Scclns, trans. Uacftu-lan, pp. 146, 147. Sovrcts xxxix Thf Momtnui Rejimeiil nf Women. Milton was familiar with the opinions of Knox, but he found them system- atized in the dialogue of Buchanan. We have indi- cated in the notes the parallels between Milton's trea- tise and that of his Scottish mentor, and the reader will observe what a lar^e number of passages have been paraphrased. Leading ideas, and. indeed, many facts, quotations, and illustrations, were appropriated by (he English apologist for the Commonwealth. Buchanan clearly owes more inspiration to the ancient republicans than to the Bible, but he draws his argu- ments from both sources, and in this respect was followed by Milton. In his dialogue he gives the origin of the name tyrant,' summarizes various defi- nitions of tyranny,' refers to the fears which beset tyrants,' and to their punishment, and praises the tyrannicides of antiquity.' He bases his argument for the sovereignty of the people on the social con- tract.' Buchanan also lays great stress upon the appeal to reason, as does Milton. This treatise on the rights of the crown, dedicated, perhaps ironically, to the young James IV of Scotland, Buchanan's royal pupil, was destined to have a profound influence on English politics. The hatred which it inspired in royalists, and the popular conception of its close con- nection with Tht Tenure of Kings and Magistrates, were amply expressed in 1683, when both works were publicly burned by the ever loyal prelates of the Uni- versity of Oxford. The second source of Milton's first work in political theory is to be found in his own youthful compi- ' Dt Jurt Rtgni, pp. 140-142. ■ Ibid., pp. 143, 146. ' Hid., p. 148. « Ihtd., pp. 161 «., 198, 199. • Hid., pp. 91, 95 ff., 103 B. ',J ^,1 t xl Inmduction lation of quotations, his Commonplace Book} When he came to write his protest against Charles and other tyrants, he turned to this storehouse for illus- trations and authorities. This book is, in fact, not only a guide to his early reading, but shows the political theory which he had already formulated. Gooch remarks that Milton's earliest political views were merely those of a liberal constitutionalism,' and that the Commonplace Book reveals his conception of the state as an organism, his comprehensive view of rational well-being, his aristocratical tendencies, his reverence for the thinkers of antiquity, and, in short, the whole spirit of his political thinking. There are in this remarkable book the names of upwards of eighty authors read by the young scholar— English, French, Italian, Latin, and Greek. Along with the instances and conclusions drawn from the original authors, we have a few original observations on polit- ical theory. He wrote the facts and quotations in English, French, Italian, or Latin, as the humor seized him. In those earlier years he read the following authors, whose names he mentions, and whose thought he was afterwards to incorporate in his first apology for the Commonwealth: ancient writers— Aristotle, Tertullian,Basil, Chrysostom; French— De Thou, Bodin, Girard, Gilles, Seysell ; English— Holinshed, Camden, Gildas, Stow, Speed, Fynes Morison, Raleigh, Sir Thomas Smith, Selden ; Scotch— Buchanan ; German— Sleidan; theologians— Luther, Calvin, Peter Martyr, proceedings of the Council of Trent ; jurists— the Justin- ian and Byzantine codes. This long array of authors proves that the Commonplace Book lay at Milton's elbow when he wrote The Tenure of Kings and Mag- ■ Ed, by Horwood, and pobliihed for the Camden Society, 1878. ■ Domccratic Ideas in llu Srvnirtnth Century, p. 17a Sources xli iatralei. This treatise is more heavily indebted to that learned scrap-book than any other prose work of Milton, the History of England, however, being a close second. In our notes the reader will observe how many seed-thoughts, quotations, and illustrations were fransferred from one book to the other by our prov- ident writer, and what embellishment they received in the process. A comparison of the Commonplace Book with The Tenure of King, and Uafi>trate, h a most interesting study in literary evolution. Milton's prose masterpiece, The First Defe,u:e, shows the com- pletion of the process. If the Com,nonptaee Book is the blade. The Tenure is the ear, and the First De- fence IS the full com in the ear.' In discussing the subject of tyrannicide, we have already indicated some of Miltons indebtedness to ancient authorities. It was in reality owing to the influence of the Renascence that he was enabled to bnng into this work citations from Aristotle and Eurip- ides, from Cicero and Livy, from Seneca and Dio from Trajan and Theodosius; the new learning also made it possible for him to support his argument with quotations from the Justinian and Byzantine codes of law. It is to the French historians of the sixteenth cen- tury, however, that we trace perhaps the most novel feature of Milton's contribution to the cause of civil liberty. Francis Hotman has the distinction of being lo'lfn'^qT^",","?."'"™'" tke«"/ZV/^,, see notes on 10. 14, 11. 9, 12. 32, 13, 11, u. 7, 17. 16, 18. 28, 20. 19, 24. 2. That Ung. .re acconntable to none bat Gbd le refoted In . few line. C«nmo,tlcc. Book, m the Tn,ur,, and In the FirU Drfmce. .1 jjj '< xlii Introduction the first modern historian to search the annals of his own land in an endeavor to discover in the practices of earher generations proofs that the people had set up and deposed kings at pleasure, and had instituted parliament to be a bridle to monarchs. On this ac- count, his Franco-GMia was an epoch-making book. Miltor's debt to Hotman is seen in his statements regarding the coronation and election of early French, German, Scottish and Arragonian kings,' the origii^ and meaning of parliaments, which were intended to be bridles to the kings,' instances of the deposition of Prankish kings,' his assertion that the people is the original of power,* and that the titles of dukes peers, and great officers of the crown were at first not hereditary, but purely complimentary.' Milton also drew considerable material for this treatise from the French historians, Claude de Seysell, Bernard Girard sometimes called Seigneur du HaiUan, and J. A de Thou (Thuanus). Girard's flfetoVe do» EoU de franc IS often quoted in the Commmplaee Book. The great Latin tomes of Thuanus also afforded Milton a com- prehensive knowledge of the histories of Denmark Scotland, Belgium, France, and Germany during the sixteenth century. It was these tremendous folios, the astorta mi Tempori,, that Dr. Johnson regretted he had never translated, and that Froude, Milton's modem disciple m thorough-going hatred of clericalism, read with unflagging interest. The Latin folio of Sleidan's ' Francc-atUia, trans. MolMworth, pp. 38 H 71 ■ aid., p. 70. '' ' atJ., pp. 44 £f. ' liid,, p. 84. '/^\tV- 97 «■ It is Interesting to remember that Hotman read Buchanans reyolnHonaiy dialogue wIUi delight, and paid a Wbute to hie judgment. See Irving, Lifi of B^kanan. p. 263 And note. Sources xliii Peases" R-evot ^Tr Pe^ clnlr^ ^ '"^ struggles of .he Wall^ses. P"^""'-"^ -d Another work of the sixteenth century, whole na^es a Clare , y ^'*'"' °" government became Somewhere about three vears aft»r fi,« of Bodin's book, there TmeTth 1 Wearance "n, mere ,.ame forth from a secret nrp«« BruZ ,r" ,"' ='«^"'«""' pseudonym of iunu f book IVf '"''"""'P °f "'-'<='' '^ ^«i" in doubt ' a book wh.ch was to be the authority of all radicals *,7 "T ^y^"""'" appeared between 1579 and 15^ and S.X between 1600 and 1648; i„ the latter ye„1; «.!„?''" '""''' ^""^"'' " "" P.««..M<««y w„ th. r«l !i xliv Introi/uctioH was translated into English, and in this form was read by Milton, for he refers to it as The Defence against Tyranny,^ and says it is commonly ascribed to Beza. At the Oxford inquisition party in 1683, this notable work was burned with the political works of Buchanan and Milton. As we have already mentioned the place of this book in the history of tyrannicide, and have made many references in the notes to Milton's use of it for a source of political theory, we shall add nothing here except to point out that he follows it partic- ularly in his method of appeal to sacred history against tyranny. For the facts of English history, Milton turned to early authorities, whom he had already been con- sulting for his proposed History of England. He ap- plies to the history of bis own land the method of Hotman, examines coronation oaths and ceremonies, cases of deposition of kings, and of punishment meted out to tyrants, and tries to deduce therefrom that the sovereign power is in the people. The weakness in Milton's argument respecting the deposition of Richard 11, for example, lay in the fact that it was in the nature of a palace-revolution rather than a con- certed movement on the part of the people. Among English historians cited by Milton in this treatise .-t Gildas, Matthew Paris, Sir Thomas Smith, Camden, Holinshed, Stow, Speed, and Rushworth. His debt to them is indicated in tl.e notes. For the history of Scotland he consulted Buchanan. Knox, and de Thou." Like all Puritan scholars, Milton was well versed ' Second Dtftna (Bohn 1. 280). ■ For a contemporary utimate of the value of de Thou's hlitory, see WUtelocke, Mrmariah, preface to Srst edition, 1681, p. 11. For a recent appreclaHoa, see Tilley, Tht LiUratun of the French Renaissance 2. 221 ff. Sources xIt in the church fathers and councils, in the commen- taries and treatises of the Protestant reformers, and in those of subsequent expositors and pamphleteers. Owing to his disparagement of the patristic writers,' he refers only to Tertullian, Chrysostom, and Basil in this treatise, but his list of Protestant authors is lengthy, including Luther, Calvin, Zwingli, Bucer, Martyr, Parajus, Cochlseus, Cartwright, Fenner, Gilby, Goodman, Knox, and Whittingham. His use of the names of Luther and Calvin in support of his argu- ment in favor of deposing tyrants is scarcely honest. His mi .ise of Luther's words out of their connection is particularly open to criticism.' He also wrests Calvin to his purpose, for that stem theologian was far from being an upholder of popular government." On the contrary, he advocated submission to the worst tyrant. 'Let no man here deceive himself,' says he, ' since he cannot resist the magistrate without resisting God. We must be subject not only to good princes, by whatever means they have so become, although there is nothing they less perform than the duty of princes.'* Milton must have read these words, yet he was unscrupulous enough to try to induce his readers to believe that Calvin was on his side of the controversy. In quoting other Protestant writers, Milton often suppresses a word or phrase, as will be seen by comparing the text with that given in the notes. In general, it may be said that while the early Protestant theologians uttered brave words in con- demnation of wicked princes, their counsel was pas- ■ Seo 9. 19, and note. ■ See note on 46. 12. • See note on 47. 28. See also Janet, Hisl. Jt la Phihiaphit Moralt tt Polifiqur 2. 40 ; 2. 67. • Imtitutti 4. 20. if', ^i il: xlvi JntroJucricii sive obedience: at a later period they stipulated that, If the people were to take action against the powers, they should act through the inferior magistrates, and avoid individual or disorderly uprisings. X. Style. Although Milton once confessed that he wrote prose with his left hand, he did not entertain too poor an opinion of his power in that respect. He prided him- self upon 'this just and honest manner of speaking.' He tells us that he loves 'the sober, plain, and un- affected sty^e of the Scripture,' and compares it with the crabbed and abstruse writing, knotty Africanisms, the pampered metaphors, the intricate and involved sentences of the fathers, besides the fantastic and declamatory flashes, the cross-jingling periods, which cannot but disturb, and come athwart a settled de- votion worse than the din of bells and rattles.'* He disUked a 'coy, flirting style,' and would not be 'gir- ded with frumps and curtal gibes, by one who makes sentences by the statute, as if all above three inches long were confiscate.* He did not, however, approve a style utterly devoid of humor. He would mix, here and there, 'such a grim laughter, as may appear at the same time in an austere visage,' but which would avoid levity or insolence, 'for even this vein of laughing hath ofttimes a strong and sinewy force in teaching and confuting.' » Regarding the use of quotations and authorities, he criticizes an opponent ' 0/ lU/crm. in Bng. (Bohn 2. 888). • Apel. Jar Smtct. (Bohn 8. 99). ' Atumad. Rem. D,f. (Bohn 8. 44). for 'cutting out large docks and creeks into his text uthotes. t'""'" '"^"'^ "' "'^ unreasoL e authorities. To sum up, Milton holds that a eood Te from^fo/"""' "' ^°''"' P'-". -d "nairefte? rheto^k Z^ Id'""', overdrawn metaphors, flashy rnetoric , the penods should be well-sized hnt n . ^.^^S;^::^it::i-^---^^ .iS=;t-r„rtan^i-ra;fof-r that he fails to uphold it in oni; t:o":sirhi: sentences are frequently intricate'and invoW d,and he uses occasional Latinisms. The modem reader may be mchned ,0 believe .hat Milton ha, trans^es- sed the bounds set up for himself in the mattS^ of C«": UT'"'' °'r '^""« fr- '-^ P-Phle esw 7h . ""• ^'^ quotations from the Prot- estant theologians and from the ancients. But one ette he'hl'r' •'" """' '"^"'" '° -" "- -" erate he has been in comparison with himself and Milton has been very sparing in his use of citations n this treatise. I, was the fashion of every writer "f he seventeenth century to support his claim to lein lufil""? ^T"^' "y '°"e parentheses, and by luggmg m 'scholastical trash,' as Milton onie called t in a moment of loathing of syllogisms. If he seems o indulge somewhat in these'sins in th s freat'sH let us be thankful that, on the whole, even in con- ducting an argument on a theme which is by natoe ' ''*''■ f" Smtct. (Bohn 8. 146). ' 0/ /li/crm. m £„f. (Bohn 2. 888). • See pp. 85£t. ; 5 xlviii Intnduttion heavy and abstruse, he contrives to be so easy to understand, and so forceful. For in spite of numerous assertions to the contrary, we agree with Professor Trent that Milton is a writer of lucid prose.' The first part of this treatise, where he takes up 'the or- iginal of kings,' U highly praised by Tulloch as being ' one of the most clear and consistent arguments in Milton's controversial writings." To clearness Milton has add. ' force in the style of this treatise. Except in his failure to explain in whom the power of the people was legitimately vested, whether in the majority of the members of the House of Commons, or in what Prynne called an 'unparliamentary junto,' he has shaped a powerful, even an overwhelming argument against tyrannical rulers. Presbyterian divines, and all opponents of the Independent party. Masson speaks of the ' hammer-like force ' of this piece of writing, and it is easy to gather that a great deal of this vigor IS due to Miltons power as a maker of striking phrases, such as 'apostate scar crowes,' 'dancing di- vines,' 'barking monitories,' 'the spleene of a frus- trated faction,' 'greasd them thick and deepe,' 'pre- sumptuous Sion,' and scores of others of equal merit. The freshness of his metaphors appeals to us on nearly every page, and his style is loaded with color m all passages of personal description, and in those which deal with the events of history. There are no purple patches in this treatise, no ' fits of eloquence.' but plenty of pen-portraits, often thumb-nail sketches, ('apostate scar crowes,' for example), of his enemies, and numerous fits of indignation. Milton's satire, al- though sharp enough, is less objectionable in this pamphlet than in the majority of his prose pieces. ' See lds>A» Maion, Lift and llori, pp. 166 ff. * English Puritanism and its LeadfrSt P. 224. Orthography ^y^ of the po,.u"e.\;V:o«o„s oTfhfr •^'' '"«="P«°» company of divine, r .Iftefind ^"•'^•*"'" """- real Milton,' a, Seeley decTare, "Ih" fir T' '"" pathy with heroisn,, hi^ a.dor o sTi^ « ' ^^ '^- for liberty, and hi« ..„^„ ■ . ' ' enthusiasm personal q;a,i,L'iejr7:T"'"^u "'"'*«'-''•«« of .his pamphl r B^t "e find '" .'h '""'"' ''y'" midstof hi, strictures and „fh "° .'""^^-^e'* i" the the throne and ^n T' \ ° " '"'''"8* of tyranU on ofthefa^t tha tC:a''s?ol"'' """'"' '""'^"-''- of hi, adversaries and sol !,"' '" *' "ff>""ent. For this rea,o„Ni:''rin^7^:'""'''"='^''^«*^- grace, the tolerant iace of r ^'?'^ ""'' '*'='" llPen,»o,o; and surdv th^ T^i "^ ^'^%". «"<• ing forth hi; ,oul in tise Z.^^'""" ^^ 5'- -"<»- he show, in abundance TnZi^r""-, '™" "«"' Commonwealth a nohlVnf , *P°'°ey f°r *e XL Orthography. .-, «.... for «.tL.'*;i,t:;t::^r----j ' Sue pp. Mtf. ■:^:^r::~„^'t;y^--"---.»«,p.n2. / i!?« onrf A,( (IF.ri. 0/ mtu,«. p. 268). I InrnduciuH the early modem period of English literature, when the language was being reorganized. In spelling, as in sentence-building and paragraphing, each writer was a law unto himself. But just as Milton had de- cided ideas as to the proper length of sentences, so he tried to spell by rule in a day when there was no rule. In the system which he devised, and to which he was generally faithful, the main purpose seems to have been simplicity. There is an approach to the modern practice of phonetic spelling in drop- ping the weak final «, as hear for heart, torn for »oon«, son for tmne. He often omits a mute e, as cot'nant, tpolc'n, ev'n, alleg'd, certainly for certainely, or a useless consonantal termination, as general for geturall, equal for equall, gospel for goapell, Ml foi atill, etpecial for ttpeciall. The suffix ate he shortens to at, as mior- dinat, privat, prelat. The spelling of preterites and past participles is unsettled in Milton's writings, as is that of words ending in y and ie. He often changed the final d into t after the dropping of « in verbs ending in a surd consonant, as ttopt, profeet, baniaht, punuM. In this treatise we find that the spelling of the personal pronouns varies. There is such individual orthography as vertue for virtue, thir for their, meer for meere, mely for only, then for than, govermetU for government, ly for lie, furder for further, and tent for aeent. The present text of The Tenure of Kingt and llagittratet possesses special interest for the student of Milton's system of orthography. It is a copy of the actual spelling of the first edition, collated with the second edition, and including the numerous ad- ditions made in the new issue of the pamphlet in 1660. By -nparing the text of the first with that of the second edition, we find many alterations in the spelling. Nearly all these changes tend toward sim- Orihtgraphy ,. attf :"' ^.: .r,!:!'" '^e pHncip,.. explained opinion, therefc.rf. »i,.. ui. "'* "e of the proof-sheets of .h ^ eS Tt'^ '""'" ■nay have been the work of an am/ ""P^ compositor may have 3 =, amanuensis, or the cate of spelling rtr™r,tl";^';e'he"fr' T'"' was not satisfactory to the authtr' ^ i." "''•'°" revision of the sn-ilm^ / author. In his careful cover Miiton^^^Ssst the^eSlsT^ '^^ '•'- chan.es ™a£--:^—-;^.in^. first EMm. Gentilisme still mischiefe prelates Sonne Britanes worse soone betooke certainely generall learned againe alleag'd equall sinceritie First EdiHoH. therefore patheticall drawne plaine mortall custome wee hee fitt kingdomes devill private subordinate sinne schismes Stcoiul Edition. therfore pathetical drawn plain mortal custom he fit kingdoms devil privat subordinat sin seisms • a :W IntnJumm Xn. A CONTEMPORAKV CRITICISM. So far as is known, there is only one contemporary criticism of Tht T-mn of Kingt Magi$tratn. 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 MilUmt (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 i> late/ul for any that havt power to call to aeeount, Depote, and put to Death wicked King) and TyraiUi (cffter due conviction) if the ordinary iiagittrate 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 /* Cnltmporary 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, ' Hill. ./ iKhf. j,t. 2, 199 ff. THE TEXT A REPRODU^ TION OF THE FIRST EDITION WITH VARIANTS FROM THE SECOND EDITION. The Tenure of Kings and Magistrates: Proving, That It IS Lawful], 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, «.iT^* *"^ P"' •''■" '" '^"*; if the ordinary MAGISTRATE have neglected or denyd to doeT 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 But being slaves wi^fd *' ''^™"' °^^ Nation. , strive so much to hfv .v, ' "° """"^^ *>"« 'hey govem'd r'he °nwaM v " "' ^'"'^ <=onfon„ably loverntheLles "pti^r- ™'«' -^y, -"ich the^ heartilie, but eood ml r ^* '^" '°''* '"='^'1°'" indulgence then under Tyrants hV'°^' °' """^ Tyrants are not oft offenHZH '"'^^ '" '*' ""at of bad men as beinr n ' "°"''^'"^ """^ '" "oubt whom vertue' and'^e^won^t::;" "™'^= ""' '" theyfeareineame,r»;h • V " emment. them., the^ hes a.U:Sed-an'd7u ;S:' ""T"' ''''"'' neither doe bad men ."""?"="'"• ^^onsequentlie alwaies readiest wirthAri^"""' ''"' ''^^^ ^een 0»...™„, to colour oetSs:?" 1 ^'""^ '"' although sometimes for shame anH?"""'' ^""^ ~ their owne grievances of n' "''*" '' ""'"^^ 1° seeme good%~' a^d'sid" Xt"";'"^^ """"^ yet when others for hell? "'^ ''^"^'' "^^^s^' endud with f^rtLde anHH '"".''''''''' ^°""'"^' nothing but the curse Tit "" ""^"^ *° ^^^^^ - '*-».! »/M.x:X^rVo'Xe'o": ^^"^ ""^ not one,y the caiam^ a/d ^11:^07:^:; 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 palterd with the World, bandied i and borne armes against their King, devested him, disanomted 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 ■• prmciples, which onely could at first move them, but lay the staine of disloyaltie, and worse, on those proceedings, which are the ne-essarie consequences of their owne former actions ; nor dislikd by themselves, were they managd to the intire advantages of their ■iowne Faction; not considering the while that he toward whom they boasted new fidelitie, counted th-m accessory; and by those Statutes and Laws which they so impotently brandish against others, would have doomd them to a traytors death, for what they ~ have done alreadie. ' Tis true, that most men are apt anough to civiU Wars and commotions as a noveltie, and for a flash, hot and active ; but through sloth or mconstancie, and weakness of spirit either fainting ere theu- owne pretei.;es, though never so just, be ■ihalfe attaind, 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 3. Victory, the prosecution whereof for the most part inevitably drawes after it the alteration of Lawes' change of Goverment, downfall of princes with thei^ Families ; then comes the task to those Worthies which ^J^ Second edition omits ./, A new pwagraph 1. alw indicted - '^'T»'ure of King, and Magistrates 5 their gibrish Ws "hou^t TTT'''' "' '"'"J"''- ^'avery. Others ^h'ohavfbenef ^* °' *'' '""'"' ' Prince, under .he notio: of a S" nr '"^* "■''' incendiaries of the Warrp =.„»• . [^ ' "° ■"««"« of his Providence anHirH '"'"' ^l"^" ^""^ o"' him into the hand o? hr h 'P"'"" '>^"' "^"ver'd a new garbe of AlleLnel "vT ^ ^"'''^-"- -^ in .. ■ong sifce canceli'df thet'pTeldfo'"^-"""^^ '"'- extoll him, protest a^,n«»J^u '"'"• P"y him, him to the tryal oS e rhi^H'*''''!^"'''""^'"^ God, superiour to all mortall th "■ *' ^"°'<* °^ soever by apparent sLZ 1, ^^'' '" '''•°^« hand .. But certa^ndy, "weTnsde^ ' H '"''."" '^ *° P"' "• on a suddaine grlwn s" ptj, '"' ""'' '"'^ "«' 'heir pitty can bf no trneanTcLr ""^ '°"^''"^'=' but either levitie and shallotnes r^r^T"^^^^ a '■amall admiring of thT, 1 ■!,■ """^^' ""^ «'«« " ness, from whence^hl seeZ fi^r''"'"''^ '"'^ ^-»- a dissen,bld and sedinous pity t^ -"'^er lastly beget new commotions > As for ^ °^'"^"^'0' to a Tyrant, under which n» ?u ''^' '' " ^ee to cited him so oft il ht h. ^^, *emselves have., and the holy Chu 'h 11^ "^ ^"'^^ of Angels, him with the spnL: of '''''"'''''' '"" ""='^ ^harg'd then ever ir dW unT'l'T"'"' "°°'* "^ ^^^e, they pretenlTs tt\" y^t'; Lr„e'""^^'^f ^ mercies, wee read are rnJl, ^ "' ^"'' '^eir ,. « 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, i to an implacable revenge, the heads of many thousand Christians more. Anothei 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 ■• 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 ■5 substance, don with just and faithfuU 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 "the 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 V 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 faithfuU, when they that give it, see not for madnesse * Sec. ed. adds wrrsted, ' Sec. ed. strength and assistanct. The Tnurt of Kings and Magistrates 7 and vexation of their ends lost, that those Statutes and Scriptures which both falsly and scandalously, thev wrest against their Friends and Associates, would by sentence of the common adversarie fall first and ,nTr!.T" "'*'' """' ''^^^^- Neither let milde . and tender dispositions be foolishly softnd from their dutie and perseverance with the unmasculine Rhetorick of any pulmg Priest or Chaplain, sent as a friendly t^T;^ J^Z' ^°' ^''^hion-sake in t-rivate, and forthwith pubhsh't by the Sender himselfe, that wee » may know how much of friend there was in it to cast an odious envie upon them, to whom it was hTT / v,'° ".^ '™' " "'"^•'*- Nor let any man be deluded by either the ignorance or the notorious hypocnsie and self-repugnance of our dancing Divines .. who have the conscience and the boldnesse to come with Scripture in their mouthes. glossd and fitted for thu- tumes 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., 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 LonJs led them on, while pluralities greasd 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,, onely were powers not to be resisted, who coun- tenancd the good and punisht the evill. But now that thir censorious domineering is not sufferd to be umversall, truth and conscience to be freed Tithes and Pluralities to be no more, though competdt allow- „ II ■m #(}, 8 Tht TeHure of Kings and Magistrates ance provided, and the warme experience of large gifts, and they so good at talcing them; yet now to exclude and seize on> impeach t Members, to bring Delinquents without exemption to a faire TribunaU 5 by the common Nationall Law against murder, is now to be no lesse then Corah, Dathan and Ahiram. He who but erewhile in the pulpits was a cursed Tyrant, an eneraie to God and Saints, laden with all the innocent blood spilt in three Kingdomes, and so to .. bee fought against, is now, though nothing penitent or alterd fi-om his first principles, a lawfuU Magistrate, a Sovrane Lord, the Lords Annointed, not to be touch'd, though by themselves imprisond. As if this onely were obedience, to preserve the meere uselesse ■J 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. ■• But who in particular is a Tyrant cannot be deter- mmd 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, •5 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 • massachers have been committed on his faithfull sub- jects, his Provinces oflTered to pawne or alienation, as the hire of those whom he had soUicited to come in and destroy whole Cities and Countries ; be hee King, or Tyrant, or Emperour, the Sword of Justice ' Sec. ed. upon. Thi Tenure of Kings and Magisn-ales 9 is above him; in whose hand soever is found suf- ficen. power ,0 avenge the effusion, and so ^ea, a deluge of mnocent blood. For if all humane power .0 execute, not accidentally but in.endedly, the wrl.h God 1""°.;: "'" '^°"" "'"'™» ^^^Ption. be of, God; then that power, whether ordinary, or if tha LtW^TTnT"? - ""-""^ 'hat in^nt ofcod at large this whole Question, though with all expe- dien brevity, I shall here set downe from LX^.,. SXTtrthr^" °''''"«'^ •"•" -«• «- exalted to that dignme above thir Brethren; and from thence shall prove, that turning to tyranny they may bee as lawfully deposd and punished, L hey were at first elected: This I shall doe by auTot^fe ., and reasons, not learnt in confers among ScWsme and Heres.es as our doubling Divines afe ready to calumniate, but fetch'd out of the midst of choices" and most authentic learning, and no prohibited lulo" do^xaT^d r*!:'"' ""' «--->. Christian, Orth:.'.. doxal and which must needs be more convincing to our Adversaries, Presbyterial. nvmcmg to deny that all men naturally were borne free, being the image and resemblance of God himselfe, an!., were by pnvilege above all the creatures, boi^e to command and not to obey: and that they Uvd so > thim^ /";' °'^'''""' '^^"^g^^^^ion. felling among themselves to doe wrong and violence, and foreseeing If'them anT'' ■""'' """^^ "=" the destruction. earh Tk '<. ^^ ^"^"^ ^^ "°"""°" '«^"« «<> bind each o her from mutual injury, and joyntly to defend hemselves against any that gave disturbance or oppo sition to such agreement. Hence came Citties, Townes ' A new sentence beglni here In iec. ed 10 The Tenure of Kings and Magistrates and Common-wealths. And because no faith in alt was found sufficiently binding, they saw it needfull to ordaine some authoritie, that might restraine by force and punishment what was violated against peace I and 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 ■• 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 IS names in som places were giv'n voluntarily to such as had bin authors of inestimable good to the people) l)ut, 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 •• Cov'nant must have executed for himselfe, and for one another. And to him that shall consider well why among fi-ee 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 y 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 » more rule over them, but law and reason abstracted The Ttnurt of Kings and MagistraUi II «l," w. ? ' ^ '^'" P*""""' '"°'» ""d frail- ties. When thi, would not serve but that the Uw was ei her not ewcuted, or misapplyd thev were constraind from that time, the onely remedy left them to put conditions and take Oaths from all Kin« aTd . Magistrates at thir firs, instalment to doe mpa^'ll ' recea^d'An"*^ *'° ,"""" •"""^ "=™- «"<» "" "'her, receavd Allegeance from the people, that i, to say bond or Covnant to obey them in execution of those Uwes wh>cK they .he people had themselves made .. or assented ,o. And t;,is oft times with express fXulf t h' 1 "■' ^'"^ °' *"'^'''="'' P™vd' un! tT. ni . ,^'"- ""' P"°P'^ *°"'d be disingagd. They added also Cmnselors and Parlaments, noTto at%:rtim:! ' r'- '"• ""*■ '^™ "^ """out him°., at set t,mes. or all times, when any danger threatn'd to have care of the public safety. Therefore sahh Claud.u. SeseW a French StatesmL, TkeZZZ «« ,et a. a bridle to f/.e King; which I insUn^ rather, because that Monarchy I granted by aTo » be faixe more absolute then ours. That this and the mtht be ' ' .""'•'^'' "^^^ ^P""'" '^ ">°'' ^-■ Storil H ™P'°"«'y^n,ade appeare throughout aU whe"e kfnl's h'p' '''"''"" ^ ''"'" °f '"o.,! Nations rbolsh T/"' f'"P"'™"" '"'^« -"gh, meanes to-, abolish all ancient memory of the peoples right by heir encroachments and usurpations. But I sp^e long insertions', appe.,ling to the German, Fren^ ^^^ :r::: r;t^r.r - -^^ - *il^.: ol"'""^' " «-"»> "y aU to 6. a ,krr .^Z p i» The Tenure ofKingi and Ma/^strales Italian, Arragonian, English, and not the least the Scottiah hiitories : Not forgetting this onely by the way, that William the Neman, though a Conqueror, and not unswotne at his Coronation, was compelld >a second time to Uke oath at S. AUM>Ht$, 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 ■• 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 Aritotle and the best of Political writers have defind a king, him ■5 who 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 Uke, are either arrogancies, or flatteries, not admitted by Emperors and Kings of best note, and "dislikt by the Church both of Jews, Imi. 26. 13. and ancient Christians, as appears by Tniullian 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 ■1 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 y then the Kings slave, his chattell, or his possession that may be bought and sould, And doubtless, if hereditary title were sufficiently inquird, the best foundation of it would be found but either in courtesie ta Europe, the Greek uid Germui, beside, the French, Itdlan AmgoalM, EngUri., ud not leut, the Scottidi Htatorie..' The r«,« c/Ki^g, ^nd Map,mte> ,3 for c;r..i„': Z^ r : at un '' '.'"''''' and posterity all hi. „i, ". ^ * ''°"' himselfe .1,.. l-K' " "nhentance to the Kinir ft,.- people „,u.t be thought created .H "" " ?' "" for them, and they afl in o"'!! ;,:;","; f^ -' ^.ngle which were a kinde ofT.. . '" T dignitie of mankind to affirm *' *"= Thirdly it followes, that to sav ,( ■ ^ .0 none but God, is tl: Z:„.^;;:. '^^ -;; and goverment. For if thev ,„av „, account, then al, covnants mLe v ,h ■ ^ t"r*^" nation; all Oathes are in vaine J ^''™" all Lawes which thZl ' '' "^^' '"-"■'«' "• s, ■• """ wnicn they sweare to keen , , « . purpose; for if the King feare not rnrt' ° "" of then, doe not? we hold the^ ,' ^ "°* '"""y bv the t^n,.™ Vu- ^" °" ''^e» and estates themselves, would ^oLf^ ^'"''"' *" """'d human condign orTr'' '° ""«=f onably above Nation of men 'hi tC "as "f^'^f ''T " """'^ '' subsisting, and to serv^ ^ ■ °' '"'" °"«'y compari^k o^f'hl: ^r b^tetS' ::^'2J''- '" -re then so many beasts, or vrmiThr fe^.: wriU» to the f„„^ oThif Sm ."' """" "■* '"'>"^'7. to b, .ndnr-d by fr« ^^Jen" '^~"^' "" "««* o' »" ■ In Mc. «i. ,,„,^ ,„ii„^j __^ f2 u The Tenure of Kings and Magislratet 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 s him. Yet some would perswade us that this absurd opinion was King Davids : bccRuse m the 51 Pialm he cries out to God, Agaimt thef onelg lime I tinn'd ; as if David had imagind that to murder Uriah and adul- terate his Wife, had bin no sinne against his Neighbour, ■<■ when as that law of Motes 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 ■5 the 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 ■• more certaine rules to goe by. How much more rationally spake the Heathen King I'luophoon in a Tragedy of Euripides then these interpreters would put upon King David, / rule not my people by tyranny, as if they were Barbarians ; but am myself liahle, if •s 1 doe unjustly, to suffer justly. Not unlike was the speech of Trajan, the worthy Emperor, to one whom he made General of his Praetorian 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 y Trajan onely, but Theodoaius 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 ' S«c. ed. reads trod on. 7»f Tenure of King! and Majrisiratei 1 5 wr"rtJ?*'''"'^^' ^""^ *° ">* Laws ought submit. Which Ed.ct of his remaines yet unrepeSd ' in .he tola "l^""'"""-'- »•«"• 24. as a sacred constitution to all the succeedmg Emperors. How then can any King m Europe mamtaine and write himselfe accoun- s table to none but God, when Emperors in thir own .mpenall Statutes have writfn and decreed th m eles accountable to Law. And indeed where such accoun Ibove I • '\"/' ''"^ "^ ■"^" -'g"^ -er him above Law. may bid as well a savage beast 'follows lastly, that since the King or Magistrate ho ds h,s autoritie of the people, bo.h%,riginany and naturally for their good in the first placf, and not h s owne then may the people as oft as they shall judge .t for the best, either choose him or reject him ., retame h.m or depose him though no Tyrant meerTy' ^oveld " '"" "^'" °' '''' •"'"' "'^" to be govern d as seems to them best. This, though it cannot but stand with plaine reason, sha 1 be made come .„ (He Land u^hich the Lord thy God giveth thee and. halt, ay I ^m set a King o.er Ze, lik! "the ^fhtTf T" ""'• '■""'^ ^°'^' ^""fi™- -. that the nghtofchoosmg, yea of changing thir owne goverment h J f '"' °' """^ "'^^'f '" the people. Tnd „ another forme of goverment, and though thir changing displeasd h,m, yet he that was himself their King ^and [hiv t '^ !!""?' "°""^ ""• ""^ " hindrance to^whal oneiv hf ''°^'''"^'". "^ they saw good, 1 Sam. 8. shn^l •* '° '"'""'''f "«^ nomination of who hould reigne over them. Neither did that exempr the Kmg, as .f hee were to God onely accountable. »ec. ed. omita unrepfald. ■6 The Tenure of Kings anii Magistrates though by his especiall command anointed. There- fore Damd first made a Cotnant u,Uh the elders of Israel and so was hy them anointed King,' 1 Chron. 11 And Jehoiada the Priest making Jehoash King, made a J 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 hira, heare what they answer him, what portion hate we m Davtd, or inheritance in the son of Jessed See to •"thine own house David. And for the like conditions not performd, all Israel before that time deposd Samuell: not for his own default, but for the misgov- ement" of his Sons. But som will say to both these examples, it was evilly don. I answer, that not the ■5 latter, because it was expressely allow'd them in the Law to set up a King if they pleasd; and God him- self joynd with them in tiie work; though in some sort It was at that time displeasing to him, in respect of old Samuell. who had govemd them upringhtly. .. As Livy praises the Romans, who took occasion from Tarquinius a wicked prince to gaine their Ubertie, which to have extorted, saith bee, from Numa or any of the good Kings before, had not bin seasonable. Nor was it in the former example don unlawfully ; .5 for when Roboam had prepard 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 fight against your brethren, for this thing is from me. He calls them thir brethren, not Rebels, and forbidds to 3« be proceeded against them, owning the thing himselfe, not by single providence, but by approbation, and ' Sec. ed. adds 2 Sam. 5. j. ■ An interrog.tion miu-k is used In place of the period In sec. ed. ■ Sec. ed. reads Afii^wermmt. The Tenuri cf King! and Magiitrates , 7 that not onely of the act as fr, n,= t such matter, unless conditionally; bm gave h,° d naf r. Ta M "n^*'^^'' l^""^^ ^P^- " -^o^ „ inai^ IS calld a human ordinance, 1 Pet 2 IS etr exerc.se therof ; else it contradicts pZ whocllls the same autority an Ordinance of man. It must al o -. be understood of lawfull and just power, elsTe read of great power in the affaires and Kingdomes ofihe Z* Vn^V" ''"' °"'"- '"' -"^ ''^ '« Christ Tihl' f i',' ^''""' ■"'■" ^ 9i«e thee and the glory ■ In MK. ed. ,.,rt„„, rfi«»^, fou„„, „ In sec. ed. Alike precede. .»*»,« Violent .c«on, W c. „e ^b^.; !: Z lir^^^^' '■"' • Begins with a capital in sec. ed. i8 The Tenure af 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 t'le evill, such 5 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 '■> 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 ■! 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 ~ of the Devill and by consequence to bee resisted. From this exposition Chryioatome also on the same place dissents not, explaining that these words were not writfn in behalf of a tyrant. And this is verify d by David, himself a King, and likeliest to bee Author of •5 the Psalm 94. 20. which saith. Shall the throne of itti(juily have/elloKshipieiththee.^ 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 3" throne 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 ^ Sec. ed. hu question mark. * Sec. ed. suppliee in these days after /Cings. 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 5 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 .. 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..! 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 abusd : or to dispose of it by any alteration, as they shall ~ judge most conducing to the public good. We may from hence with more ea,-e. and force of argument determin what a Tyrant is, and what the people may doe against him. A Tyrant whether bv wrong or by right comming to the Crowne, is he .s who regarding neither Law nor the common good, reigns onely for himself and his faction : Thus 67. 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 jo 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 Fathe: ofu so The Tenure of Kings and Mapstraies 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 ! 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 .obin don in' thLi case heretofore. The Gretka 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 .! reason, that he who trod down all Law, should not bee voutsafd the benefit of Law. Insomuch that .Senem the Tragedian brings in Hercuttf the grand suppressor of Tyrants, thus speaking, Victima baud ulla >nnplior ■o Pote'it, magisque opima mactari Jovi Quam rex iniquus There can be slaine No sacrifice to God more acceptable Then an unjust and wicked King ■5 But of these 1 name no more lest it bee objected they were Heathen: and come to produce another sort of mcMi 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 JO raysd to deliver Israel from Ejlon King of Moab, who had conquerd and rul'd over them eighteene years, hemg 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 reada ii, evidently a misprint. The Tenure of Kings and Magiilrates 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-tumes, breaking all the Covnants and Oaths that gave him title to his dignity, and were the bond , 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 .. bound to us by any league, comming fi-om Spaine m person to subdue us or to destroy us, might law- fully by the people of England either bee slaine in nght. or put to death in captivity, what hath a native Kmg to plead, bound by so many Covnants, bene- ., hts 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 sevn years warring and destroying of his best .. 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- .j 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 Worid, neither is it the English Sea that can sever us from that duty and relation : a straiter bond yet j. there is between fellow-subjects, neighbours and fnends; 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, is i " 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 .f forren hostility. Nor is it distance of place that , 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 ail Laws, human, ..civil and relic.:- MS offend against life and libertie to him offender! -nd to the Law in his behalf, though bom in thf - e womb, he is no better then a Turk a Sarasin. . .heathen. This is Gospel, and this was ever Law among equals : how much rather then in ..force against any King whatsoever', who in respect of the people is confessd inferior and not equal: to distinguish therfore of a Tyrant by ..utlandish, or domestic is a weak evasion. To the second that he was an enemie, I answer, what Tyrant is not? yet ^Egloit by the Jewes had bin acknowledgd as thir Sovran, they had servd him eighteene yeares. as long almost as wee our WilUam the Conqueror, in all which time he could not be so unwise a Statesman but to have takn of them Oaths of Fealty and Alle- •sgeance 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 Eglon in that manner, it cannot bee granted because not expressd; tis plain, that he was raysd 3" by God be a Deli-, t er. and went on just prin- ciples, su. Ii 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 fonen enemie ' S«C. ed. whatn-er. Thi Tnur, tf Kings and Magittrales 23 no doubt: but mark the reason', A. thy «.„rd A„M ,nad, «„«„ chm..,: a cause that by the sentence of Law ., selfe nullifies all relations, and as the Law 1^ between Brother and Brother. Father and Son, Master and Servant, wherfore not between King o^ rather Tyrant and People? And whereas Jm« had specrnl command to slay J,A<,™«, a successive and hered.tane 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 ,. 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 TaTJ°1 '° " ■^y*"' '■^•^ '"'" "f bad example.,. And ifDamd refusd to lift his hand against the Lords anomted, the matter between them was not tyranny but private enmity, and David as a private person had bm his own revenger, not so much the peoples'- but when any tyrant at this day can shew to be the ., Lords anointed, the onely mentiond 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 ., lyrants and how much intended they should be found or honourd among Christians, declares his minde not obscurely; accounting thir absolute autoritie no better then Gentihsme, yea though they flourishd it over with the splendid name of benefactors; charging those ,. 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 enda here in sec. ed. ' A period raplecea the semicolon in sec. ed. .!i U Tie Ttnure ofKingi and Magistratis to the public. Matt. 80. 25. The Princa of the Qm- hla txtrcUe Lordtkip over tktm, and Mark 10.48. Thtu thai $em to nde, saith he, either alighting or accoun- ting them no lawful rulers, but y« thall not bt », bM 1 the grtaUtt among you thall bt your Sirvanl. 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 T,ll thai fox, Luc. 18 ' And wherfore did his Mother, the Virgin Man, give such .. praise to God in her profetic song, that he had now by the comming of Christ, CutI down Dynatta', or proud Monarch, 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 -. 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 fcare 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 allegd but that they well discem'd the mind and principles of most devout and zealous men, and indeed the very .. discipline of Church, tending to the dissolution of all tyranny. No marvel then, if since the faith of Christ receavd, m purer or impurer times, to depose a Kinc and put him to death for tyranny hath bin accounted so just and requisit, that neighbour Kings have both 3. upheld and tak'n part with subjects in the action. And Ludovicu, Km, himself an Emperor, and sonne ,>. ', ^L!*' "'"'' "^'° '" "• "'«'" to !>• from thinking tt« Chrirt and U, Gospel should be m«ie . Sanctuary for Ty^ntt from ju.tlc, to whom hie Law befo« never ga™ .uch Tht Tenure of King, „J Magistrates j 5 of Ch»rl„ the great, being m.de Judge, Du UaUlan and h« Subjects, who had depcd him, gave his ver- d.t 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 Empernr in ,he people. For, said he. A jJt Pnnce ouyht to be pr.fer'd before an «^ju,t. and the end of soterment before the prerogative. And Conttanlinn, TT: T J ^""P"" '" "'' ***"»"'" Laws saith, .. that the end of a King i, for the general good, which he not performing u but the counterfet of a King. And to prove that some of our owne Monarchs have acknow- ledgd that thir high office exempted them not from pumshraent, they had the Sword of St. Eduard .. born before them by an Officer, who was calld Earle of the Palace, eevn at the times of thir highest pomp and solemn.tie', to mind them, saith Matthew Pari, •he 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 affirmd 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 slieht 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 „ m 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 noi • Sec. ed. has plural form. ' Sec. ed. omits rueds. MCROCOrr tISOlUTION TIST CHART (ANSI and ISO TEST CHART No 2) 1.0 I.I 12.2 1^ mmi^ /APPLIED IM/IGE In, (716) «B2 -0300 - PI 36 Tie Tenure of Kings and Magistraus 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 s the 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- " rant 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 ■5 drew up a charge against Riehard the aeeond, 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 Judgea approves thir doings. Sir Thoma* Smith - also a Protestant and a Statesman, in his Common- wealth of England putting the question whether it be lawfuU to rise against a Tyrant, answers, that the 'vulgar judge of it according to the event, and the lemed according to the purpose of them that do it. •I But far before these days, GUdae, 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 Hand, and resign'd it all into the peoples hands, testifies that »»the 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. 15 usuaUy depos'd and put them to death. This is the The Tenure of Kings and Magisn-atii 27 of which, all o her titl-^ and pleas are but of V^ter- day. If any object that GUdas condemns the Britanes for so doing, the answer is as ready; that hrco" , demns then, no more for so doing, then hee Jd be- Z. « •='"'T^/"=''' f". »»i* he, r*«y anointed M« tt. r«*. Next hee condemns them not at all for deposing or putting them to death, but for doing" .. ov« hastly without tryal or well examiningTe ca,«e, and for electing others worse in thir f 00m Thus we have heer both Domestic and most ancient to Tea r.h '1^'""=°'"' ofBritainhavedeposd and pu to death th.r Kmgs in those primitive Christian times. ., And to couple reason with example, if the Church •n all ages, Ptimitive, Romish, or Protestant held I ho^h without express warrant of Scripture, to bring mdifferently both Kmg and Peasant under the utmost rigor of thir Canons and Censures Ecclesiastical, eev'n to the smiting him with a final excommunion if he pe^«t impenitent what hinders but that the temporal Law both may and ought, though without a s,icial tex or President, extend with like indifferencVthe .. that capit^ly offends. Seeing that justice and Rel- i^on are fi-om tiie same God, and works of justice wT^r'i! acceptable. Yet because that some lately with flie tongues and argumente of Malignant,. P^lat'^" '"" ^^r'" """ ""= P'o-^eedings no'wTn Parlament against the King, are without president which foUow shall be all Protestant and chiefly PrJby- 28 The Tenure of Kings anJ Magistrates In the yeare 1546. The Duke of Saxmie, Lantgrate ofBessen, 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 ! him, and debated long in Counsel! whether they should give him so much as the title of Cceaar. 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- " ing promise of thir Queen Regent for libertie of con- science, .le 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 ■I 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 'hir King; that the fact of Jehu and others against thir King having the ground of Gods ordinary com- •I mand 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 y 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 Ttnure cf Kings and Magistrate! a, learned Divine, and that Lawes made by the tyranny ofPrmces. or the negligence of people, thir po.te„,y m,gh, abrogate and reform all things according to the ongmal mstitutton of Common-welths '. Ind Knox bemg commanded by the Nobilitie to write to , <^h^ and other learned men for thir judgements Z was fully resolvd m conscience, and had heard thir ^.dgements", and had the same opinion under hand- wn mg of many the most godly and most learned .. that he knew in Europe; that if he should moveT question to them againe, what should he doe but shew his owne forgetfulness or inconstancy. All thl Lr.TT '"f^ '■" *<= Ecclesiastic Hisrovo S the h . ""' "''"^ °*^^ P-^^g- '» »"- effect . all the book over; set out with diligence by Scotch- men of best repute among them at the be Jnn'ng of these troubles as if they labourd to infonf us what ir:orsi:r°^^"'''^'''"*^^'"™"p<""He And to let the world know that the whole Church" and Protes ant State r' otland in those purest time, of reformafon, were o. .„e same beleif, "ihree yeat after, they met m the feild Mary thir lawful and hered- S t:T •°''' "-r^-r, yeilding before ^ht, ., And four years after that, the Scots in justification of h,r deposing Queen Mary, sen, Embassadors to Queen EUzaietk, and in a writfn Declaration alleagd 3. that they had us'd towards her more lenity then shee in '>n!°°™° " """^"^ " "'='"'"'• ' '■«*'» '"t™ "» P"c. ■ The word 1b singular in sec. ed. «2 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 FamiUes ; all which with many more arguments bore witness that regal power was nothing else but «« a mutuall Covnant or stipulation between King and people. Buck. 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 15 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.* •> In the year 1581. the States of Holland^ in a gene- ral Assembly at the Uague^ abjur'd all obedience and subjection to Philip King of Spaine ; and in a Decla- ration justice thir ; o doing ; for that by his tyrannous * Sec. ed. adds : ' What no less in England then in Scotland, by the monthes of those faithful Witnesses commonly call'd Foritans, and Nonconformists, spake as clearly for the putting down, yea the atmost punishing of Kings, as in thir several Treatises may be read; eev'n from the first raigne of Elizabeth to these times. Insomuch that one of them, whose name was Gibsorif foretold Jamei^ he should be rooted out and conclude his race, if he persisted to uphold Bishops. And that very inscrip- tion dtampt upon the first Coines at his Coronation, a naked Sword In a hand with these words, Si mereor^ in nu. 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 brokn, he had lost his right to all the Belgic Provinces; that therfore they deposd him and declard it lawful to choose another in his stead. Thuan. 1. 74. From that time, to this no State or Kingdom in the World 1 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 .« 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 n first Waldenaes of Lyons, and Languedoc to this day but have don it round, and maintaind it lawfull. 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 tumd thir own warrantable actions into Rebellion. There is nothing that so actually makes a King of .1 England, as rightful possession and Supreiiicy in all causes both civil and Ecclesiastical; and nothing that so actually makes a Subject of England, us. 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 f.iing unlawful, to submit to that ' Sec. ed. hag manj/ times. .■?2 The Tenure 0/ Kings an J 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, J 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 " AUegeance. 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 ■! yeares story fresh in the memory of all men. Have they not utterly broke the Oath of AUegeance, re- jecting the Kings command and autority sent them from any part of the Kingdom, whether in things law.ul 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 >s terme it, and eev'n of them, one while to the Com- mons without the Lords, anof .r 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 3» most 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 3! deposd. and they no Ion 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, s but as a condition subordinate to every the least particle that might more conceme 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 ate ■• 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 I inferr past their defending, that if the Subject who is one relative, takes' away the relation, of force "i 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 deposd 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 obeyd, 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 deposd him onely, but out- lawd him, and defi'd him as an alien, a rebell to Law, i" 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. ta*e. ■ S«c ed. extinguished. 34 The Tenure of Kwfi and Majfiilrates can no more in one subject stand to);ether in respect of the same King, then one person at the san- , time can be in two remote places. Against whom ther- fore the Subject is in act of hostility we may be con- sfident that to him he is in no subjection: and in whom hostility takes place of subjection, foi 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 ■5 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 .savd 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 detaind from him all meanes of livelyhood, so that for them long since he might have perisht, or have starvd?' 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 preachd against him, as a reprobate incurable, an enemy to God and his church markt for destruction, and therfore not to bee treated with? 2« Have they not beseigd him, and to thir power forbid ' The sentence reads thns in sec. ed. : ' Have they not se- qnester'd him, jndg'd or nnjudg'd, and converted his revenew 'o other uses, detaining from him as a grend Delinqnent, aU meanes of livelyhood, so that for them lonf ^ince he might have perisht or have starv'd ? ' ' The Tenure cf Kings and Magislrales 35 him Water and Fire, save what they shot against him to the hazard of his life ? Yet while they thus as- saulted ar-1 endangerd it with hostile deeds, they •wore in words to defend it with his Crown and dignity; not in order, as it seems now, to a firm .ind . 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 sufferd by the poore people, or to suffer hereafter through his obstinacy or impenitence. No under-., standing man can be ignorant that Covnants are ever made a.cording to the present state of persons and of thing; ; 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 .5 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 ho f his amendment, and he, after that, shall doe me tenfould injury and mischief., to what hee had don when I =0 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 withhoMs mee from de- manding justice on him, Howbeit, >,ad not thir.s distrust in a good cause, and t.ie fast and loos of our prevaricatinor Divines overswayd, 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,, advantageous to themselves, had the King prevaild as to t ir cost many would have felt; but full of snare and distraction to 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 Ttnurc s/ Kingi and ivtagistraies ever since I.een 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'niy and boldly whom and what j, ,r J 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 go 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 Al- legeance; which doubtless had drawn off all the minds of sincere men from siding with them, had they not discem'd thir actions farr more deposing him then ■J thir words upholding 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 Presbyte-ians 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, n 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 30 onely by thir deposing a: d 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, !s which brought him to the lowest degradement and in- Tht Tinurt of Kings and Magisiratis 37 capacity of the regal name. I say not by whose match- less valour next under God, lest th- story of thir in- gratitude thereupon carry m. from the purpose in IiuikI which is to convince them, that they which I repeat againe, were the men who in the truest sense killd the . King, not onely as is provd before, but by depressing him thir King fan- below the rank of k subject to the condition of a Captive, without intention to restore him, as the Chancellour o! Scotland in a speech told him plainly at yeucuatle, unless hee granted fully ■• 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 nr duty to the King, jnynd them secretly with men sentencd so oft for Reprobates in thir own .s mouthes, by whose si le inspiring they grew madd upon a most tardy ai improper Treaty. Wheras if the whole bent of thir actions had not bin against the Kinge himselfe, but against Ms evill Councel,' as they faind. and publishd, wherefon did they not .» restore him all that while to the trn fe of a KiP'j, 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 uf all in him that was regal, and from whence never King of England yet revivd, but by the new re-inforcement of his own party, which was a kind of resurrection to him. Thus 1. 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. iut only against bis n-itl iounttltrs. 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 i ordinary man ; not onely made obnoxious to the doome of Law by a c:-arge more than once drawn up against him, and his own confession to the first article at Neicport, but summond and arraignd in the sight of God and his people, curst and devoted to perdition •o worse then any Ahab, or Antioekus, 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 ■s 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 ..unconverted, unrepentant, unsensible of all thu- 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 recknd for then the ■J 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 fiUd thir bellies, and fed them fatt upon the foolish people. Ministers of sedition, not of the Gospel], who while they saw it 30 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 fi-om him, as if sedition were thir onely aime, j5 whether against him or for him. But God as we have Tht 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 5 to the voice of our supreme Magistracy, calling us to liberty and the flourishing deeds of areformed 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 govemour 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, is 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 govemour 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 j. and oeemomize in the Land which God hath giv'n them, as Maisvers of Family in thir own house and * S«c. ed. reads : ' and tnm them from giving eare or heed to these Meivenaiy notsemakers.' * A comma followu subordinau in sec. ed. 40 The Tenure ef Kings and Magisn-ates free 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 bom, in the tenure and J 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.f and therfore to be abrogated. How much more justly then may they fling off tyranny or tyrants?' who " bemg 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 >5 how much more mild and human then is it to give them faire and opn 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 ~men cease therfore out of faction and hypocrisie to make out-crys and horrid things of things so just and honorable. • And if the Parlament and Military Councel do what they doe without president, if it appeare thir duty. It argues the more wisdom, vertue, and '.magnanimity, that they know' themselves able to be a president to others. Who perhaps in future ages ' The quesHon-mark Is replaced by a semicolon In sec. ed ' Sec. ed. who. ^. wh^rf r "- \'''°^'^ "^ '"™ "P'-^y P-" *° death air King, which lately some have writt'n, and Imputed to thir great glory ; mnch ■mstaking the matter. It Is not, neither ongM to be the gloo' of a Protestant State, never to have pnt thlf King * Sec. ed. *««». 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 j 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 u 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 "j 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 30 men and discover in themselves either extreamepassion, 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 4» 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 s 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 wam'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 Cliristiem the second. 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 Maximilian dealt with those of Brue/et, though by mediation of ■» the German Princes reconcild to them by solemn and pubUc 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 savd the Netherlands from utter ruine, was thir finall not beleiving the perfidious cruelty which as a constant maxim of State ha..i 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 JO testifie, heretofore in Belgia it self, and this very y.are in Naples. And to conclude with one past exception, though fan- 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 35 hurt 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 cairi'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 needfuU; not to be disturbers of the civil affairs, being in hands better able, and more ■• 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 dreadfiill charge, not performd by mounting twise into the chair with a formal preachment huddl'd up at the "i 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 •» Sidesmen of every popular tumult and Sedition ? And all this while are to leame 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 s" 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 31 h 44 "Pie Tenure of Kings and Magistrates they had renouncd the name of Priests, for a new setting 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- 5 semble in Consistorj' with thir Elders and Deai 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 >• 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 ■s exclamations : and the Printed letters which they send subscrib'd with the ostentation of great Charac- ters and little moment, would be more ccfiderable then now they are. But if they be the Ministers of Mammon instead of Christ, and scandalize his Church ~ 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 •5 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 tMrae ye Meroz, the very Motto of thir Pulpits, wherwith so frequently, not as Meroz, but more like 3« Atheists they have mock'd ' the vengeance of God, and the zeale of his people.' And that they be not * Sec. ed. adds wicked ones. * The sec. ed. reads ; ' Blasphem'd the vengeance of Ood, and tradnc'd the zeale of his people.' ■ The first edjtlon 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 tho." no less zealous, who withstood corruption and th j Bish- ops heer at home, branded with the name of Puri- j 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. „ Lib. contra Suaticos apud Sleidan. I. 5. Is est hodie rerum status, etc. Such it the state of thingt at thie day, that men neither can, nor will, nor indeed ought to endure longer the domination of you Princes. Neque vero Caesarem, etc. Neither is Cmar to make warr as head of Christ'ndom, Protector of the Church. Defender of the Faith; these Titles being fain and Windie, and most Kings being the greatest Enemies to religion. Lib. De bello contra Turcas. apud Sleid. I. 14. What «. hinders then, but that we may depose or punish them ? These also are recited by Cochlaeus in his Miecellanie- 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 .j us obturem, etc. That I may stop thir mouthes, the B>pe and Emperor are not born but elected, and may also be depoa'd, as hath bin ofl'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 3. in nature to let a Tyrant sit irremoveable over a Nation free bom, without transforming that Nation from the nature and condition of men bom free, into natural, hereditary and successive slaves. Thereforr h2 f) 46 The Tenure ofKingi and Magistralei he saith furder; To ditplacr and throw dmm thit Ex- actor, thii Plialari; this Nero, it a work well pleating to Ood; Namely, for being such a one: which is a moral reason. Shall then so slight a consideration J as 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 " then 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 •5 strength anough giv'n them to remove. Zwinglius. torn. I. articul. 42. Quando vero perfide, etc. When Kings raigne per- fidiomly, and against the rule of Christ, they may ac- cording to the word of God be depos'd. " Mihi ergo compertum non est, etc. / 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, •5 a 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; yjustly therjore 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 Tht Tenure ofKingt and Magistralts 47 far n«» M< GotpM 0/ Jetiu Chritt tprtading farr and leidt, will rnne the livei 0/ many to tone imoeenee and jiutice; which if yte aho thall doe, ym »hall ie honourd. But if yte ihall got on to rage and doe oiolenee, y< ihall be tratnpl'd on by all men. ibid. , Romanum imperium imo quodq; etc. When the Roman Empire or any other shall begin to opprets Religion, and wee negligently tuffer it, wee are aa much guilty of Religion authontie rnd usurpation over the consciences of all men. Of this faction divers reverend and lemed Divines as they arc stil'd in the Phylactery of thir own Title page, pleading the lawfulness of defensive Armes .5 ^inst this king, in a Treatise calld Smplure and Staim, seem in words to disclaime utterly the deposing of a king; but both the Scripture and the reasons which they use, draw consequences afier them, which without their bidding conclude it lawfull. For if by j. Scripture, and by that especially to the Soman., which they most msist upon. Kings, doing that which is con- trary to Saint Pauh definition of a Magistrat, may be resisted, they may altogether with as much force of cu-cumstance be depos'd or punUhd. And if by reason „ 52 The Tenure of Kings and Magistrates the unjust autority of Kings may he forfeted m part, and hit power be reaaaum'd in part, either by the Parla- ment or People, for the cote in hatard and the preeent neeetiitie, as they affirm, p. 84. there can no Scripture i 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 ■« have 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 ■5 total. For the ways of justice »re 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 ~ men. 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 ■5 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 f whole life, if they saw cause, take all power, author- ity, and the sword out of his hand, which in ejfect is to unmagistrate him, why might they not, being then themselves the sole Magistrates in force, proceed , to punish him who being lawfiiUy depriv'd of all things M 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 lawful! warr is but the execution of justice against them who refuse Law. Among whom if it be lawful! (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. .. They aske p. 19. By what rule of Cmseience or God, a 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 >s 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 justiHes any man to defend himself, eev'n .. 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 j» 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 is i 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 Peter» 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 ■•more 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 deUver up his inferior Magistrates, whom in the same terms we are copimanded to obey, and .! not 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 ~ 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 .5 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 I. themselves 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, s 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 tumes 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 s 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 rfould have Scripture, they would have reason also made to halt is 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 to well as lame, they discern not Dai ..' 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- n 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- ces.santly may com soon, and in so praying with hasty ruin and destruction to all Tyrants) eev'n he our im- 30 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 j> 5* The Tenun of Kings anti 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 ! may 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 prelaticai. or of this late faction sub- prelatical) who have writfn on this argument; that ■• to 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 allegd, 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 Mmisters, that the deposing and punishing of a ~ Kmg or Tyrant, « againU the comtani Judgement of all Proteatant Ditnnea, 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 esteemd at all «Ere which be yielded, as I hope it never will, these Ignorant a«sertors in thir own art will have prov'd themselves more and more, not to be Protestant Di- vmes, whose constant judgement in this point they have so audaciously bely'd, but rather to be a pack ..of hungrie Church-wolves, who in the steps o( Simon Magm thir Father, following the hot sent of double Livings and Plurahties, advousons, donatives, induc- tions and augmentations, though uncall'd to the Flock of Chnst, but by the meer suggestion of thir Bellies, 5 hke those priests of Bfl, 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 hold 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, 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 ■■ over all persons, thir impetuous ignorance and im- portunity. [THE E.ND] 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 alavei Tithin doorea. Living under a domestic tyranny. Alfred Stem (Miltm und seint Zat 1. 438) 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 heortilie, but good men. Milton based both political and artistic excellence on char- acter. Cf. Apol. Snuct. (Bohn 8. 118). 3. 13. Tyrants are not oft offended, etc. Cf. AristoUe, Politics, h.n.\i: '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 flatteiy.' 8. 15. Them they feore in earnest. Milton probably owes this thought to George Buchanan. Cf. De Jure Rtgni afmd 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, Tht Cabitut- Coumil (Works, ed. Birch 1.96): They [tyrants] are abo Protectors of impious Persons, and stand in daily doubt of noble and virtuous Men. 3. 24. Others. Cromwell and his supporters. 8. 26. The curse. See Jer. 48. 1. 4. 2. These men. The Presbyterians. 4.4. Juggl'd and pslter-d with the World. A pictiiresque 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 5. 8. 20 : Those juggling fiends That palter with us in a double sense. 1 6o The Tenure of Kings and Magistrates 4. 4. Bandied. The ori^n of this word is obscure, but it is probably derived from the game of temiis, 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. Observ. Art. Peace (Bohn. 2. 196) : 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-arfected subjects, and such as are in no way inclu.ed to such seditious and dis- loyal courses.' For full text of this proclamation see John Rushworth, Hist. Coltections 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. S. To the ingaging of. By these action? and utterances the Presbyterians had pledged themselves to an anti-royalist policy. 4. 14. To the entire advantagea of thir owne Faction. Both 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 drav/ 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 6i Quoted by Mmm„, Uf, 0/ Milton 8. 497). Charle. hated the Covenant, rteadfestly refused to .ign it, and looked upon the ftrabyteriana aa rebel, who had broken statute, and law. pledging them to obedience -o their king. Cf. a simUar Statement in First D,f. (Bohn 1. 192). 4. 17. Tho« Stotute. and Uw.. At this time the Pre,- byteran preachers and writers were constantly accusine the Independents of breaking • the Oaths of Allegiance and Supre- macy, the Common Law, Stat. 26. Edw. S. and all other Acta concerning Treason.' (See Walker, //«/. ; ■■ukpemkmy. ,K*'if^\'"' "^' •"■' "* "''"• ™«™ «"»«» that fte Presbyterians were active in the good cause for a time. He asmbes their defection to (1) sloth, (2) inconstancy, (8) cowardice, (4) falsehood, or (5) wickedness. 4.28. toconrtanoie. and weaknew of ipirit Clarendon •upports MUton m his indictment of the Scots and Pres- bytenan party for fickleness and faUure to carry out their ^ ?„'^«L^"''' ^'^^"•'^"/""R'Mlion. Ed.Machray, OK. 10. looff. 4. 31. Alteration of Lawea, ete. All these steps ulti- mately proved necessary to the e..tablishment of the Puritan Commonwealth. 5. 2. The throng and noiaes of vulgar and irrational men. Milton entertained litde respect for the fickle and sweaty populace. See his celebrated passage m P. R S 49-89, and his sonnet to Oliver Cromwell. S.4. Cuatomea. Milton had no .sympathy with irrational /Tk^o „f '''' '"'"'' °" r-ejudices and customs in Areop. (Bohn 2. 98): 'Our eyes, bleared and dimmed with prejudice ana custom.' 6- 6. Their gibrish Lawea. Alluding to the jargon in which statutes were written. A variant form of gibber is jabber, to talk nonsense. Gibberish is therefore uninteUieible speech, marticulate chatter. Under the heading Leges in his Commonplace Book Milton says, 'Alfred tum'd the old laws into English. I would he 1 2 62 The Tenure of Kings and Magistrates liv'd now to rid us of this Norman g^bbriih.' (See Publi- cation of Camden bocicty for 1876, p. 22). In 16fi0 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. 6. 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 Protestction of IVH/: 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. 3., 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 oiu* 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. 13. Protest againflt 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 tfo/tl 63 the leut hurt to hii Penon, but to rtop hii party from doing (urther hurt to the Kingdome; not to bring hii Majnty to jurtice (u lome now •peak) but to put him into a better capacity to doe justice.' (A VimUcaHtm of the LotiJm Ministers from lit unjust aspersions upon their former actings for tin Parliament, p. 8). 3. 28. Of indnatry. On purpose, intentionally. 5. 26. They themaelTea 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. «. 28. Hero, Claudius (A. D. 64-88). MUton 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 I. 133): '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 thjn even Niro himself did.' 6. 80. Their marciea. See Prov. 12. 10. 6. 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 Samuel. (1 Sara. 15). Milton is here comparing the compassion of the Presbyterian party with that of Saul who v,as disobedic.it to God's command. 6. 33. VUUiying. Making vile, of no account. Cf. P. £. 1 1. 516. 6. 34. Many Jonathana, that have aar'd Israel. A com- parison of the Puritan generab with Jonathan, who led a for- lorn hope against a great army of .''hilistines, and freed his country from invasion. The allusion is to one of the most stirring war stories of the Old Testament (1 Sam. 13). 6. 1. Riceneaae. Subtlety, a tendency to be over partic- ular. Unnecessariest. An interesting use of an obsolete superUtive. Cf. famnusest (below 69. 3), Apol. Smec. (Bohn 3. 128), elegantest (Mil. 3. 140). 64 Tht TtHurt of Kings and Mapiiralti 6. 1. CUoMoftlwirCoTiuntwTMtod. With the mention of the Covenant Milton touchex upon one of the leading topics of this pamphlet For a objection to another he forfe.ts it (De Regno ., Regu„ B,Us J adverts Monarchomachos^. 16). In Observ. Art. Peace (Bchn 2. 182), MUton acc^ Charles of ahenating and acquitting the whole produce of Ireland from all true fealty and oledience to the Commonwealth of England. Parliament decUred that Charles was guilty in that he had given away more than five count|es to the Irish rebels, 'that Irish Popish a™y ™ed by E^l of Strafford to reduce the kingdomes.' (ZV ^'.w/iT'^' '" ^™' '^'"- ^^- ^"^ ""™"'«y *„h'*" """ S"""^ •' J"-"" i» aboT. him. Did MUton tad P pattern for this phrase in Christopher Goodmans book H«. I„^ p^„s ought to be Oieyd, etc. p!Z: Be he Kmge, Quene or Emperour he must dye the death ' > ^ below 60.21. Cf. the eloquent apostrophe to Justice in E,kon. (Bohn 1.484): 'She it is, who accepts no pe,«,n ana exempts none from the severity of her stroke ' 9. 2. So great a delnge of innocent Wood. MUton and to party blamed Charles Stuart 'that man of blood,' for . RMff^^r '^ ■" ""^ *^'"' W"- I" ^'*''"- (Bohn by the author oi E,ko» BasUike, 'Whose innocent blood he a^n^v ■ 7^'i "''^'"™' " °'^''^' '^'^ "^ "toess agamst him?' See also 5. 28. kz ^1 7« The TtHUrt of Kings and MagistrtJtfs 8. 12. For If ftU hamuw povor to •zaoute. etc. b thii • comment on Calvin's teaching? He adviaei passive obedience in the presence of the moart cn'el 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. {Institutes 4. 20. 30). See also Rom. 13. 4. 9. 6. Or if that falle. extraordinair. 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 nnfold more at large this whole Qneation. The introduction is now complete. In this sentence he an- nounces his theme. 9. 16. Not learnt in comers among Sohismes 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 a schismatic or a heretic. 9. 19. Authentic. Gr. ar^tiTtxos, warranted. Ci.Eikon. (Bohn. 1. 486): '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. Ho 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, PreL 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 firy 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. Htre. Nttti -n (Bohn S. »8) : • The obicure and tangled word of antiquity, fathen and council lighting one against another.' 9. 20. Orthodoxal. This form is used in EikoM. (Bohn. I. 888), and Pnl. Epis. (Bohn 2. 428). Milton also u.sed the word paradoxal in To Rem. Hire. (Bohn 8. 3). 9. 24. All men utnnllj wen borne tn». This favorite modem contention first found formal expression in the work uf 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, aU men are equal (Digest SO. 17. 82); aUo by natural law all men are bom free (Instiluies of Justiman 1. 2. 2); the application of these principles to politics proper, however, dates back to the treatise of Nicholas of Cues, De Comordamia Callio- lica, the views of which he presented to the Council of Basel in I86S. Almost the exact phrases used by Milton are to be found in this influential and learned work. See Dunning, Pol. Tkeories Amienl and Mediaval, p. 278. This idea, thu.s stated by the jurists and by Nicholas o' Cues, was given new life by the author of the famous treatise, Vindicia Contra Tyramos. 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 tc. bear that of another. The inducement was the necessity of security, when the distinction between nuum and tuum wa.s 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 neighbora' (Digest by H. Armstrong, Etig. Hist. Rev. 4. 31). Even the earlier supporters of despotic principles, Barclay and Blackwood, for instance, accepted as a truism the theory that all men were naturally bom free, so that Milton feels quite safe in saying that every educated man wUl agree with him on this point. This theory was to be contested, however, by Filmer in his Patriarch! in the very year this pamphlet was published, and later writeis,such as Heylin, Mainwaring, 8o 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 Eikon. (Bohn 1. 465) Milton roundly declares: Men are by naiure free ; bom 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. 26. The image and reBemblanoe of Ood. SeeGen.1.26. 9. 20. 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. 3 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. L., Book 10. Augustine, rather than Paul, emphasized the doctrine of imputed guilt, and paved the way for the endless disquisitions of Calvimsts 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 aticoimt of Adam's trans- gression. This view was held by the church imtil the time of Wycliflfe. Thomas Aquinas was probably the first teacher to depart from this belief. In a pamphlet published anonymously in London in 1644 {Jus Poptdf, pp. 42, 43) 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. 226, 226 (London, 1826), notes this pamphlet, and discusses whether Milton could have written it. 9. 12. They agreed by common leagas. 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 8i stoics. Lord Acton, in his essay entitled History of Fnahm, p. 18, says : ' Tlie 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 protection.' 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 deUberately made the foundation- principle upon which the Vindicia Contra Tynumos 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 confiision of a disunited multitude' (imortaw, ed Morley, p. 8fi). It can be seen, therefore, that the ingenuity of the upholdere 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 Jadga. Unduly favoring his own side in the controversy. CoammniMted and deiiVd. 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 oi jure divtno are placed in opposition. 10. 10. For the eminence of his wlidom and intagiitie. Cf. Buchanan, De Jure, p. 99: 'Now I imagine that the mtention 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 [Pontics, Book 3) and others, following Herodotus, express the same thought. Among ancient writers Polybius (Book 6, Ch. 1) held that the earliest form of government was mon- archy based on force. The early men submitted, Uke ani- mals, to the guidance of the strongest and boldest. See Dunning, Pol, Theories, p. 116. 10. 13. Hagiatntes. Bodin lays down this definition: 'A magistrate is a publick officer, which hath power to command in a Commonweale ' (ZV Republica, p. 293). 10. 13. Not to be thir Lords and Maisters. See Aristotle (Politics 3. 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 1830. See P. L. 8.641: To stand or fall Free in thine own Arbitrament it lies. 10. 31. InTent Lawes. In this fancifiil 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 bouncU 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. 108). Two theories were then prevalent as to the origin of law. Francis Hotman, in hi< Framo-Gatlia, declares that law is Ntus 83 the result of the gradual growth of custom. The author of Vuubaa Contra Tyramos adopted the theory, which MUton upholds. See also Hooker, Eales. Polity 1. 10. 10 (note). Wliito M the magistrate, etc. This sentence IS quoted from Cicero, De Legibus 3. 1 : -Ut enim magistrati- bus leges: ita populo praesunt magistratus : vereque did potest, magistratum legem esse loquentem. legem autem mutum magistratum.' Aristotle was probably father of the saying. See Politics 4. 16. 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. 188). A somewhat similar raaxun is that o( Etienne Pasquier in his reply to Macchia- velli's Prince: 'Lea rois sont fails pour les peuples, et non les peuples pour les rois ' (Henry Baudrillart, /. Bodin el Son Temps, p. 77). In the First Def. (Bohn 1. 70) K ion gives a whole page to the ampUfication of the thought which is here dismissed m a line. He quotes Pindar, Orpheus, Plato, Aristotle, and Cicero to support the contenHon 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. 183). 11. 7. Instalment. Installation. 11. 8. Upon thsK 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 FrancoGallial but Guiccard, a very eminent historian of that nation, informs us that the ancient records of the kingdom of France tesUfy 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 Ukewise perform what at hU 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 between 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. IS. 17; Jer. 84. 18, 19. There are many instances of covenants in the Old Testament between God aiid man, and between man and man. The most celebrated instance of a covenant in modem 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 themselTee 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 tiie 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 suf&age, are bound by oath not to exceed ' {De Jure, p. 158). 11. 13. Gonnaelon and ParUmenos. Hotman speaks oi 'the Common Councel of the chosen men in the whole nation ' (Fratuo-GaUia, p. 69). 11. 13. Kot to be onely at his beok. The king calls parliament to meet. The Royalists contended that the later sessions oi 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 gj He resents the imputation of monarchical writeis that the parhament is the mere crjature of the kiny. 11.18. CUndiMSMeU. CUude de Seyssel (14S0-1S20) For fifty yean. Seyssel was professor of law in the Univereity ol Turin. He was also bishop of Laon, later of MaiseUIes and archbishop of Turin in 1617. He was also one of the most noted diplomats of his time, serving on various missions for Henry VH and Louis XII. Seyssel was a voluminous author He translated classical authors and produced many theological works, but IS remembered chiefly for his historical writings fte most important of which was U Gramf Momrchit d, /-raw, {1319, in Latin 1648). He glorifies the rigime of Louis xn, absolute in principle but moderate in practice Milton studied Seyssel's masterpiece very carefully. He was attracted to its pages because the Turin diplomatiirt laid great stress upon tne power of the stetes-general, and em- phasi«d the limitations of kingly prerogative. Milton stored up m the pages of his Commonplace Book choice passages from U Gramt Momrchie de France. The entry in the Commonplace Book (p. 33) is as follows: 'Rex Gallia par- ^enti sni perpetui decretia parare necesse habet, ut scribit Claudius SeseUius, quod iUe Iranum regis vocat; de repub Gallor. 1. 1 : ad quaestores etiam publicos rationes expensarum regiarum referuntur: quas ilU potestatem minuend! 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 rirst Def. (Bohn 1 164) and m Notts on Dr. Griffith's Sermon (Bohn 2. 36))- 'Par- liaments, which by the law of this land are his bridle; in vam his bndle, if not also his rider.' For the general thought, the supremacy of parliament to the king, see Eikon fBohii 1. 360, 364). 11. 28. Oeman. Bodin, De Republica, pp. 221, 2S6 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 Tenun of Kings and Magiitralet 11. 38. Fre&eta. See the section entitled Rex Anglicae, etc. in the Comnumpha Book, p. 82 : ' Scotland was at fint 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, tons les rois de France ont este eleuz par le Francois qui se reserverent ceate 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. 3, 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.' Arragonian. Aragon, one of the chief divisions of Spain, formerly an independent kingdom. See Commonplace Book, p. 27.: 'I re Aragonesi non hanno assoluta I'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.ConstitutioneUt de la Monanliie Espagnok 1. 215. Hotman also describes the election, and gives the coronation oath in fiill {Franco-GalUa, p. 71). 12. 3. William the Noiman (1066-1087). In his Hisl. of Ike 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 Ungt, etc No utterance in this pamphlet is more modem in tone than this sentence. Milton maintains that the people is sovereign by a fimdamental and unalterable N»us tj law. He approaches modem utilitarian theoriei of govern- ment, but confusea natural and positive law. All talk of natural right is contradictory to artificial Uw. MUton 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. JO. In whom the power, etc. See a curious argument to the contrary in Walker, Hisl. 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, Book 10). The definition of the good king is to be derived from this. Cf. Aristotle's definition of tyranny: Tyranny is just that arbitrary power of an individual which is responsible to no one, and governs aU alike, whether equals or betters, with a view to its own advantage, not to that of its subjects, and therefore against their will ' (Politics 4. 10. 4). 12. 17. Sovran Lord, natoraU Lord. Kings akd nobles. 12. 18. Arroganciea. or flatteries. These tiUes are either assumed because of pride, or bestowed by courtesy. 12. 21. TertnUlui. Date of birth and death unknown. It is conjectaired that he was bom between A, D. 160 and 160, and that he died between A. D. 220 and 240. He was bom at Carthage. He was the first of the great Latin Fathers, and chief among them in vigor of style and acuteness of mind. He was the first to create a technical Christian Latinity, and is known almost entirely through his writings In the First Def. (Bohn 1. 80), the teaching of Tertullian here referred to is quoted in fiill. 12. 24. Against the advice, etc. See 1 Sam. 8. 12. 28. Wise authors. In First Def. (Bohn 1. 82) we have it on the authority of AristoUe and Cicero 'that the people of Asia easUy submit to slavery, but the Syrians and the Jews are even bom to it from the womb.' Milton probably first met this idea in the pages of Buchanan : • For as the nations of Asia discover greater servUity of mind than the Europeans, so they wiU submit with greater facUity to the commands of tyrante; and, hence tiiere is not, as far m 88 The Tenure q/ Kings and Magistrates as I know, mention anywhere made in hiitohans of a kin^ nibject to laws in Asia ' (p. 163). 12. 80. ChattelL See Hotman, Franco-GaUia, p. 27, who quotes Pliny to this effect 12. 84. Conrtaaie. A law-tenn. An estate was sometimes held by the courttsy of England or of Scotland. Strictly speaking, it was a tenure by which a husband, after his wife's death, holds certain kinds of property which she has inherited, the condition varying with the nature of the property. 18. 1. Oonvenienoe. A law-term. A written agreement or covenant. 18. 6. For orimaa proportionall. The modem phrase would be, for corresptmtUtig crimes. 18. 11. Xinga are accountable to none bnt Ood. The first implication of the theory of divine right Salmasius gathered up all the arguments that had ever been adduced in support of this tenet. He defined a king to be a person in whom the supreme power of the kingdom resides, who is answerable to God alone, who may do whatsoever pleases him, who is bound by no law. Milton's lengthy and crushing reply to this doctrine is to be found in the second chapter of the First Def. (Bohn 1. 30-60). Even Calvin asserted that, however wicked a ruler might be, he was responsible to God alone. See 8. 12, and Calvin's Institutes 4. 20. 80. For an exposition of Calvin's teaching on this point, see Gooch, Hist, of Democratic Ideas in the zyth Cent., pp. 6ff. 18. 18. As how many of them doe not This phrase, it would seem, was intended to be a forceful parenthesis. Proper punctuation would give this reading : ' For if the King feare not God— as how many of them doe not?— we hold then our lives and estates,* etc. 18. 23. Those Pagan Caeaara, that deifl'd themaelTsa. Early in the reign of Augustus the Roman Senate deified the defunct Julius Csesar. Even in the lifetime of Augustus the cult of the emperor was established, temples were raised in his honor, and priests and rituals dedicated to his worship. Sues 89 1*. 8. 8m Ft. BL 4. Hilton object! to the royaliit inter- pf««tion of thi. text Of .U the werting. of Scripture in that age lurely this i, the *>«, ctaaicus. BecauK David confe-ed «n only against God, it was held that he waa not ac connuble to his subject Uriah, and therefore no king is required to answer for his sins to his people. That Milton considered It neeeasuy to meet this argument shows its power of appeal even to serious men of the period. Salmasius dwelt upon |t and m F,r,t Def. (Bohn 1. 60), MUton's ample treatmrat of the text may be found. 14. 8 Uriah. Husband of Bathsheba. See 2 Sam. 11. Adnltwate. This verb is not used in MUton's veise. It was probably coined by him. The equivalent phrase is to commil aduUtry. 14. 11. See Dent 17. 20 :■ That his heart be not lifted up abovij his brethren.' *^ 14. 18. PatheticaU word, of aPaOm. Pathetical means emotional or poetical. Cf. First Dtf. (Bohn 1.61): 'The words of a Psalm are too foil of poeto-, and this Psalm too foil of passion, to afford us any exact definitions of rieht and justice.' 14.22. Euripidefc (B. C. 480-406). The passage quoted IS from a speech by King Demophoon in the Htraclida: «r.i. , jf""" ' "^^ ""' here With boundless power, like a barbarian king: Let but my deeds be just, and in return anall I expenence justice. MUton himself translates the passage in First Def. (Bohn 1. 127): ■! do not exercise a tyrannical power over them, M if they were barbarians: I am upon other terms with them; but if I do them justice, they wiU do me the like' Many other passages from the Greek poets are also quoted in the same chapter. 14. 26. Tr^an, the worthy Emperor (9»-117). 'More fortunate than Augustus, and better than Trajan' was a proverbial expression in the Uter days of the Roman Empire. 90 714* TtHuri of Kings and Mapstralti 14. 29. Thua IXoa nlaU*. Dio Cusiiu Cocceuunu (b. 158; d. ?) A cdebtated hiatorian who published a Roman history in eighty booka The atoiy is thus translated by H. B. Foster :—' Indeed when he first handed to him who was to be prefect of the Prsetorians the sword which the latter was required to wear by his side, he bared the blade, and holding it up said: Take this sword, to the end that if I rule well, you may use it for me. but if ill, against me' (Cassius Dio, Roman History S. 196). Buchanan, in his Hist, of Scotland, trans, by John Watkina (1. 20. 601), relates this story. Grotius also uses this quotation, but says that Trajan wished to avoid assuming kingly authority, and to be a true governor (Prinaps), and as such was subject to the will of the senate and people, whose commands the prefect was to execute even against the prince (ZV yorir BtlU tl Pads 1. 4. 8). 14. 30. Thaodoaina the Tonnger (408-460). An amiable but weak ruler. In his reign and that of Valentinian m was made the compilation called Codex Theodosiamts. It was published in 438, and consists of sixteen books. Buchanan ascribes to Theodosius and Valentinian, whom he praises as two illustrious emperors, the following words; 'It is an expression worthy of the sovereign's majesty, to confess that the prince is bound by the laws. And, in reality, the imperial dignity is exalted by subjecting the prince's power to the laws; and that we announce, by the oracle of the present edict, which specifies what licence we do not allow to another. These sentiments were sanctioned by the best of princes and caimot but be obvious to the worst' (Di Jure Regni, p. 192). Milton probably drew his illustration ft-om this source, as he uses the phrase one ttf the best in imitation of Buchanan. No doubt Milton also read the following sentence in Buchanan's Hist of Scot. (1. 20. 601) : ' Even Theodosius, a good emperor in bad times, would have it left recorded amongst his sanctions and laws, as a speech worthy of a monarch, and greater than his dominion itself, to confess, that he was inferior to the laws.' Cf. First Notes ,, flr/ (Bohn 1. 180): .Iml«d if we mu»t believe the oracle, of the emperor the™elve,, for « «,me Chmti.„ erapero™. «T^eodo«u, and Vale» have caUed their edict, (cSd. UU of Ae Uw "' ' ™'"""' "'P*"'^ "P"" *" IS. 2. Bemda..jr,t«anp..U. Cf £,*li.h ,on < : > ,i, on See 1 Kings 12.16. The text is not quoted in fuu here J^Ii",! '^'•■f """•"■ "^^ P'-P'" "f '"»«1 did not wT^''^ .T"^ ^'""''' ''« ' ^">- *• '-«)• His sons were Joel and Abiah. 'They turned aside after lucre, and Took bnbes, and perverted judgment' (1 Sam. 8. 8). 16.20. Livy. TitusLiviiu(B.C. 89— A D 17) Th, m«.. Er "/p"^ «< Jure, p. 143). Aristotle's definition has also filtered through Thomas Aquinas to Sir John Fortescue : ' For tyrant (tyrannus) is so called a tyro, that is, strong, or angustia, as though by his strength straitening his subjects; and a tyrant, ac- cording to St Thomas in his aforesaid book, Dt Regimifu Princifmm, is a prince who rules for his own pleasure, and not for the good of his people ' ( Works of Sir John Fortescut, ed. by Lord Clermont, p. 220). Milton quotes St Basil for his definition of a tyrant, but he could not range any definite deliverances of the early Fathers on his side of the controversy. 'Without a single exception, all who touched upon the subject pronounced active resistance to the established authorities to be under Notes 97 all circumstances sinful. If the law enjoined what was wrong, it should be disobeyed, but no vice and no tyranny could justify revolt. ... So harmonious and so emphatic are the patristic testimonies on this subject, that the later theologi- ans who adopted other views have been utterly unable to adduce any passages in their support ' (W. E. H. Lecky, Hist. of the Rise and Influence of Rationatism in Europe 2. 187). See also Grotius, De Jure Belli el Pacts, lib. 1. cap. 4. After criticizing this definition severely, Filmer declares that Milton 'doth himself give as little regard to the laws as any man.' He quotes Milton's phrase ' t'leir gibrish laws,' and 'a disputing presidents, forms and circumstances,' to prove that the hater of tyrants is Uke a tyrant himself (Concern, lite Orig. of Govt, p. 30 ff.). Cf. Milton's own definition of a tyrant in Afol. Stnecl. (Bohn 3. 163), also in Sec, Def (1. 224). 49. 83. Look how great a good, etc. This comparison between a good king and a tyrant is worked out with more detail in Sec. Def. (Bohn 1. 224). In his De Republica, a book which was diligently read by Milton, Jean Bodin draws a comparison between a tyrant and a good king in a sentence over fifty lines in length (p. 212). 20. 1. Ajfainat whom what the people lawfUIy may doe, etc. Tht most important question in Milton's day was this, ' Is it lawful to kill a tyrant ? ' This question was the title of a chapter in the celebrated book De Rege el Regis JnstHttHone by M?.riana, the Spanish Jesuit, in ' An tyrannum opprimere fas sit'? (Lib. 1, Ch. 6.) Mariana approved the assassination of Henry III of France by the young Dominican, Clement (li. p. 69). Milton follows Bodin m the course of his thought. See De Republica (Book 2, chap. 4). 20. 11. Aa thir prime Anthon witnen. For a full discussion of this topic, and the citation of Greek and Roman authors in praise of tyrannicide, see Appendix. In one of his earliest prose writmgs, Apol. Smecl. (1642), Milton spoke of ' those exploits of highest &me in poems and panegyrics of 9« The Tenure of Kings and Magiilrales old,' alluding to ' those ancient worthies who delivered men from tyrants.' (Bohn 3. 147). 20.13. Btatoe* and garlands. CfSa./^. (Bohn 1.217). 20. 17. Seneca the Tragedian. Seneca, Lucius AnnKus (circa4B.C.-66 A.D.). The famous Stoic philosopher. His works consist of treatises and epistles. The tragedies ascribed to him are of doubtful authenticity. Heronlea. He is fabled to have conducted an expedition of vengeance against Laomedon, tyrant of Troy. Laomedon, with all his sons except Podarces, was slain. In a later struggle, Hercules liiUed Theodamas, king ol the Dryopes. 20. 19. The quotation is from Seneca's tragedy, Hercules Furetis, 11. 922-924. These lines are also quoted in First Def. (Bohn 1. 131). Jean Gerson, Chancellor of the University of Paris, was one of the first writers on political theory to quote this passage from Seneca. 20. 28. Among the Jews, etc. Milton follows the example of Buchanan, who, in resorting to Scriptural instances, bluntly says: 'Let us examine where the Scripture grants us a license to murder princes with impunity ' (De Jure, p. 170). 20. 29. Ehud. Eglon. See Judges 3. 16-26. 21. 1. It importa not. It is of no consequence. 21. 4. All the Covnants and Oaths. Coronation pledges. ' Nor can we see why it should be expected a new Engage- ment could prevail on them, or oblige him more strongly to the Kingdom, then the Solemn Oaths of His Coronation, ant the several other Vows, Protestations, and Imprecations so frequently by him broken, during His whole reign, and so often renewed before God and the whole worid. Remind him that the Articles he signed with thj Scots at th? close of the first Pacification he disavowed and had them burnt by the Hangman at London' (_A Declarafim of the Commons of Eugland touching no farther Address or Application to be mode to the King. In Civil War Tracts, vol. 21, Yale Library). 21. 8. An ontlandiah King. A foreign ruler. Cf. ' What even a Solomon did for Outlandish Idolatrous wives ' {Scrip- ture and Reason, etc., p. 72). Notes 99 28. 28. Contampt of all Law* and ParUments. For the relations between the King and Parliament, see Green, Short Hist. Engl. People, chap. 8. 21. 19. A boaated prarogatiTe nnaooonntable. In English constitutional history a prerogative means a prior, exclusive, or peculiar right or privilege. The Stuarts claimed special preeminence, by right of regal dignity, over all persons, a so- vereign right (in theory) subject to no restrictions or inter- ference. This assertion of unaccountability to Parliament or people was of course hotly contested by Milton and his party. An interesting modem survival of the royal prerogative is the right of the king of Great Britain to give condemned murderers a reprieve. Cf Eikon. (Bohn 1. 347) : ' Those fine flowers of the crown, called prerogatives '; ikid. (Bohn 1. 414) : ' Mere prerogatives, the toys and gewgaws of his crown ' ; Sec. Def. (Bohn 1. 224). Two expositions hy contemporary writers may serve to throw more light on this elastic word. Thomas Cary, in his Mem. of the Great Civil War in Eng. says (Introd., p. 21) : ' What then if he (the king) shall close up, by this prerog- ative, the avenues of justice, and screen the offenders from punishment, so perpetuating abuses, and giving wider scope for their arbitrary proceedings'? In A Political Catechism, printed by order of the House of Commons in 1648 (p. 7), we read that the king claimed the following privileges or prerogatives:— 'Power of treaties of war and peace, of making Peers, of choosing Officers, and Councellours for State, Judges for Law, Commanders for Forts and Castles; giving Commissions for raising men to make Warre abroad, or to prevent or provide against invasions and insurrections at home, benefit of Confiscations, power of pardoning and some other like kinds are placed in the king.' Towards the close of the century John Locke defined prerogative as 'That measure of power which the nation concedes to its ruler, and the nation may either extend or restrict it' (Treatise oh Civil Government, chap. 18). 21.20. After aev'n yetn warring. The Civil War (1642- 1649). 100 Tht Tenure of Kings and Magistrates 21. 21. Orarcom. taA yeiUad priionar. Alarmed by the march of Fairfax, the king escaped from Oxford in May, 1648, and voluntarily placed himself in the hands of the Scotch army-leaden in the camp near NewcasUe. He was regarded by the Scots as their prisoner. 21. 22. In reapwt of whom. By whose instrumentality. 21. 26. Crying for vengeance, tt was a widespread belief among ancient peoples that the ghost of a murdered man, whose body lay unboned, could not find rest untU interment had taken place. ReUtives of the dead were visited by the unhappy spirit, and made aware of their duty. It was considered not only as an impious dereliction of duty, but as a provocation to the spirit-world, to deny such a request. The voice of Abel's blood crying firom the ground for vengeance upon Cain is a familiar instance. In Milton's time. Carcass was employed in the same sense as corpse. 21. 27. Who knows not, etc. It is necessary to go back to the beginning of the previous long sentence to retain the sequences of thought. In respect of whom. In comparison with. 21. 28. To the second (argument). See 23. 8. Ehud, so the royaUsts declared, was (1) a foreign prince, (2) an enemy, and (3) Ehud, besides, had special warrant from God. 22. 20. Eglon. The king of Moab. See Judges 3. 14: • So the chUdren of Israel served Eglon the king of Moab eighteen years.' 22. 22. 'WiUiam the Conqueror. Reigned twenty-one years (1066-1087). 22. 24. Oaths of Fealty and Allegeance. The oath of feaify was a practice of the age of feudalism by which a vassal took an obUgation, caUed fidelitas, or fealty, to his lord. The nobles also took a similar pledge to a new-made king. Allegiance was the relation or duties of a liege-mao to hU Uege-lord. We stiU speak of the oath of aUegiance, Notes 101 referring to the obligation of a subject to his sovereign or government. 22. 26. Honugs and pivaent. In feudal law homage waa the formal and public acknowledgment of allegiance, wherein a tenant or vassal declared himself a man of the king or lord of whom he held, and bound himself to his service. Homage wa.s usually rendered annually, and was expressed by a money-payment, a present, or some kind of personal service. The present sent by Ehud to Eglon was probably a money- payment. Judges 8. 16. 22. 27. The third argument is now taken up. See 25. 10. 22. 29. Bsyad by Ood to ha a Deliverer. Milton draws a delicate distinction between a tyrant-killer with a special warrant, and one raised by God to be a deliverer. 22. 34. Agag. See 1 Sam. 16. 33. Next to the deed of Ehud, the republican writers prized the story of Samuel's killing of Agag. A forren enemie no doubt. A sarcastic reference to the quibble discussed above. See 23. 9. Dr. Gauden wisely remarks : ' For that of Samuel's severity against Agag, you know that neither is the King an Agag to you, nor you as Samuel to him ' (Religious and Loyal Protestation, p. 7). 23. 1. Aa thy iword, etc. 1 Sam. 15. 33. 23. 7. Jehoram. A son of Ahab, slain by Jehu. See 2 Kings 9. 24. Cf. First Def. (Bohn 1. 96). 23. 8. Imitable. Deserving of imitation. 23. 16. David reftaa'd to lift hia hand. Milton follows Chris. Goodman and others in this interpretation. Goodman says: 'This beinge then David's owne private cause, it was not lawhill for him in that case to seke his owne revengement : especially in murtheringe violently his anoyn- ted kinge, and the anoynted of the Lorde. For it is not written of Saule, that he was an idolatrer or constrayned his people to worshippe stronge Godes' (Horn Superior Powers ought to be Obeyed, p. 189). Cf. First Def. (Bohn 1. 90). In Eihon. (1. 486) three diSferent meanings of the phrase are stated. On Milton's use of Scripture see Introd. ill If 102 The Tenure of Kings and Magistrates 28. 17. The nutter between them wm not tjniiny. The implication is that Saul was a tyrant. RoyaUat writers insisted that Saul was no tyrant: Saul lost his kingdom, but not for being cruel or tyrannical to his subjects, but by being too merciful to his enemies (Filmer, Palriarcha, pp.84ff). 23. 24. To Chrlitian timei. The points raised here are all developed and enlarged in First DeJ. (Bohn 1. 60 if.). Salmasius advanced the following arguments in favor of the theory of divine right: (1) Christ himself suffered the assaults ot tyrants without resistance i (2) Render unto Caesar, etc. Luke 20. 28 ; (3) The princes of the Gentiles exercise lordship, etc. Mk. 10. .12 ; (4) Peter's dictum, 1 Pet. 2. 13 ; (6) Paul's dictum, Rom. 18. 1. In this paragraph, Milton deals with only one of the above points. The opening sentence of the paragraph would lead us to expect an exhaustive treatment of the New Testament field. See,lntrod. 23. 30. Benefactor*. See Luke 22. 25 ; 'They that exercise authority upon them are called benefactors.' 24. 2. They that eeem to rule. The meaning of Jesus in Matt. 20. 25, and its parallels, Mk. 10. 42 and Luke 22. 26, is forced here. Jesus said nothing in criticism of the Gentile rule. He was simply using it as an illustration. Milton makes much of the phrase in Mark 10. 42, oX doxovvris a<>x«»'. those who are reputed to rule, who have the title of rulers. There may be an insinuation here that the Gentile rulers are not really those who rule, that God is the supreme ruler, but it is very questionable if Jesus had any other end in view than to contrast his kingdom of humility and service with the kingdom of the Roman world. If we press the criticism of Gcrtilism, his own parallel breaks down. The argument is presented with much greater cogency in First Def. (Bohn 1. 66). 24. 8. That fox. See Luke 18. 32. Herod Antipas. 24. 10. In her profetic aong. See Luke 1.52. 24.11. Dynaata'soT proud Monarohs. 'He hath put down the mighty from their seats, and exalted them of low degree.' Notes 103 The word lued by Milton is the Smattxttt of the Greek version. See also Acts 8. 27, for the use of this word. There iwdartii is translated, 'a man uf authority.' 24. 16. A new paragraph should begin here. This is the author's point of departure from the New Testament argument. 24. 17. Both hata and fear, etc. He began his pamphlet with this assertion. See 1. 18. 24. 18. The trae Church. An ambiguous phrase to Milton's readers. 24. 19. Snbverten of Monarchy, though indeed of tyranny. A somewhat obscure statement. Tyrants call the true church and saints of God (Milton and his party) enemies and sub- verters of monarchy, but they are not really so : they oppose not monarchy, not good kings, but tyranny. 24. 21. The perpetual cry ofConrtiers, and Ooort Prel- ate*. From the days of Queen Elizabeth the court-party had been jealous of the growing power of the Puritans. In the first year of Queen Elizabeth's reign all preaching was forbidden for a time. Marsden says that the mischievous introduction of state-affairs into the popular harangues of the sectaries seemed to the queen to threaten the safety of the country and the stability of her throne (Hist, of Early J^ritatts, p. 103). The queen's subsequent severe policy towards the Puritans, and the establishment of the Court of High Commission by her at Archbishop Whitgift's suggestion, bear out Milton's assertion. ' No bishop, no king I ' was the adage of King James 1, when he mounted the throne of England. He and the prelates made common cause against the forces of Puritanism. In the ecclesiastical fabric of Calvinism, in its organization of the church, in its annual assemblies, in its pubUc discussion and criticism of acts of government through the pulpit, he saw an organized democ- racy which threatened his crown. 'The new force which had overthrown episcopacy in Scotland, was a force which might overthrow the monarchy itself' (Green, S/wrl Htsl. Eng. People, chap. 8). 25. 16. St. Edvard. Edward the Confessor (1004(?)-1066). 26. 16. Earle of the FaUce, etc. See Commonplace Boot, I'Ff M 104 The Tenure of Kings and Magistrates p. 39. 'An office to correct the King. The Earl rf Chester bare the sword of St Edward before the K. in token that he was Earle of the Palace, and had authority to correct the K. if he should see him swerve from the limits of justice. Holinsh. Hen. 8. 219 ; this sword is called by Speed Curtana, p. 608, Rich. 2.' The reference to Holinshed is untrustworthy. See Chronicles 2. 841, 849. For the reference to Rich, and U, see John Speed, Hist, of Gr. Britain, p. 728. Cf. First Def. (Bohn 1. 174). Some of the most interesting passages in such chronicles as those of Roger de Wendover and Matthew Paris are the descriptions of coronation-proceedings. 24.18. Katthew Pari! (1200(?)-1259). Monk of St. Albans. In 1236 Matthew succeeded Roger of Wendover as chronicler of the convent, carrying on the Chronica Major to the year of his death. Milton's eulogy is confirmed by modem historians. * In vigour and brightness of expression he stands before every other English chronicler, and in these respects his writing is in striking contrast to that of his immediate predecessor, Roger de Wendover ' (Diet. Nat. Biog.). 24. 24. The very diacipUne of Church. The discipline of the Presbyterian and Independent churches was framed on democratic principles. Each member had a voice in calling or deposing a minister, and in electing officials; all members were on a footing of equality, even the minister in the Presbyterian Church, although moderator of the session, was called simply a ruling elder. Universal suffrage has always obtained in the nonconformist churches. 24.31. LudOTictuPiua. Lewis the Pious, Prankish emperor (814—840). A weak but thoroughly conscientious ruler. 26. 1. Charle* the Gnat (742-814). Da Haillan. Bernard de Gerard, Seigneur du Haillan (1685-1616). After a successful diplomatic and literary career, he was made counsellor of Charles IX, and historiographer of France. His most important work was his Hisloire GMrak des Rots de France (1676). Du Haillan criticised the methods of the chroniclers, and attempted to write a history after the manner of the ancients and the Italians. He discarded a vast Notts 105 number of legendi, but retained the trick of majiiiig ipeeches for hii characten. The quoution wai tranaferred from the Commonpha Book (p. 81): 'Ludovicus Piua, being made judge of a certain German tyrant, approves the people who had depcu't him and acta hit younger brother up in hia stead. Gerard, Hisl. FratKt, 1. 4, p. 248.' See also entry in Commonplact Book, p. 27: 'The cause and reason of creating Kings, see well express'd in Haillan, Hisl. Frame, 1. 18, p. 719.' 26. 2. Milegaat. A king of the Vultzes or Wiltzi, a Sla- vonic tribe who lived east of the Elbe, in the district now known as Prussia. They were originally conquered by Charlemagne. 28. 9. Constantiniu Leo. Leo the laaurian (717-740). %. 10. Tha Byntntiiie Lawa. The emperor Leo was responsible for a revision of the Justinian Code, which in his time had become unintelligible. It was abridged and trans- lated, in order to meet the requirements of the needs and customs of later times. Basil I (887-886), in his turn, made another revision of the Justinian Code, which superseded the Ecloga of Leo the Isaurian. In the Conmumplace Book (p. 26), Milton quotes Leo from the Byzantine laws as they were finally arranged by Basil I : ' Officium et definitio impcratoris egregia est: Jus Graeco-Romanum, 1. 2, p. 178, ex Ub. de jure qui est Basil. Const..nt. Leonis ubi ait rikoi rm ^aaiM tA lieoylttlv xai r;i>ixo rfjs tiifrialai fjtaov^atj toxii xi^i^ltittv Tor fiaaiXixiv xopaXTW"' 2S. 19. To mind them, laith Matthew Paris. In his ac- count of the ceremonies at the marriage of Henry III to Eleai or, daughter of the Count of Provence, Matthew Paris says; 'The nobles, too, performed the duties, which by ancient right and custom, pertained to them at the coronation of kings. In like manner some of the inhabitants nf certain cities discharged certain duties which belonged to ihem by tight of their ancestors. The Earl of Chester carried the sword of St Edward, which was called Curtein, before the ki:ig, as a sign that he was earl of the palace, and liad by ■o6 The Tenure c/ Kings and Magislraies right the power of retraining the liing if he •hould commit an error (Matthew Paria, Exg'"'' History, trana. J. A. Gilea, 1 9) 28 88 Onr andant hooka of Uw. Milton givea aa hia legal authority, in Firt Def. (Bohn 1. 178), the Mirror ^ jMHct. ' In thia book,' he aayi, ' we are told, that theSaaona, when they firat aubdued the Britona, and choae themaelve. kinga, required an oath of them, to aubmit to the judgment of the law, ai much aa any of their aubjecta, cap. I sect. 2. In the aame pUce it ia aaid, that it ia but just that the king have hia peera in parliament, to take cognizance of wrongs done by the king, or the queen.' Cf. Ralph Sadler, Rights cf the Kingdom, pp. 24 ff- , ■ ■ i 26 27 Hia Peer^ or aqiula. Par, an equal m civU atanding or rank-, one'a equal before the Uw. A celebrated use of the word occurs in Magna Charta 21: 'Earls and barona are not to be punished ocept by their peers (niai per parea suos).' In its titular meaning, the word peer means kmember of one of the degrees of nobility in the United Kingdom-a duke, marquis, earl, viscount, or baron. Nobles or magnates had a special privilege of having access to the king at all times. MUton's contention that they had a legal right to judge the king is opposed by Bishop Stubbs, who declares: 'The English lords do not answer to the nobles of France, or to the princes or counts of Germany, because m our system the theory of nobUity of blood as conveying political privilege has no legal recognition. The nobleman is the person who for his life holds the herediury ofhce denoted or implied in his title. The tew gives to his chUdren and kinsmen no privilege which it does not give to the ordinary freeman, unless we regard certain acts of courtesy, which the law has recogniaed, as implying privilege. . . . The English tew does not regard the man of most ancient and purest descent as entitled thereby to any right or pnv- aege which is not shared by every freeman' (ConsHL Hist, of Eng. 2. 176, 177). Hotman devotes a chapter in FnuKo-GaUia (p. 97ff.) to a discussion of the origin of constables and peers. He thinks Nous 107 that King Arthur fint appointed twelve great men a< peers, but does not agree that they were pans ngi. See also First Dtf. (Bohn 1. 178). 28. 81. Judf* Um highaat. On the right of the parliament to judge the king, see the elaborate argument in Fint Dtf. (Bohn 1. 171 ff.). That the will of the monarch should have the force of law was wholly inconsistent with the forms and theories of English leg<~' ri ^i. Glanvil and Bracton lay it down in the strongPM ,tr-ns that tliu king, while subject to no man, is always sulijc t to l.tvi. (sei Hallam, MuUlf Agts 2. 334, 335). : be starved to death. He was regarded by the faithful as already in hell. The punishment of excommunication cor- respondr 1 to the death-penalty in the Mosaic law. When a disoliedient 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 dreadfiil 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). 27.23. Though without a special Text or president. One of Prynne's arguments in his Briefe Memento begins ; ' Remember i< ii i' 1 14 The Tenure of Kings and Magistrates that you have neither Law nor direct president lor what you are going about He contends that Edward II. and Richard I], were forced by Mortimer and Henry FV. to resign their crowns in a formal manner' (p. 18). 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 Commot$s, 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, Life 3. 699). 27. 26. With like inAUreruice. With the same impartiality. 27. 30. Malignaat kackiliden. The Presbyterian preachers and pamphleteers^ Malignai^, cavaliers, dam-mes were the namffs bestowed on the royalist party by the supporters of parliament. Fuller, on maltgnamt, says : ' The deduction thereof being disputable; whether from bad fire, or bad fuel, tnalus Ignis or malum iignum : but this is sure, betwixt both, the name made a great combustion.' 28. 1. TheDokeofSKKonie^LantgraTftofHeuen. Maurice, Duke of Saxony, and Philip, Landgrave of Hesse. 28. 2. The whole ProtacUnt league. The League of Smalkald, formed by the Protestants of Germany in 1531 as a defensive confederacy, because of the menace of the Catholic majority at the Diet of Augsburg. 28. 3. Charleathetfth. Emperor of Germany (1519-1556). 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 1565. 28. 4. Benonnc'd all fUlh aad allegeanoe, etc. For the proceedings of the Protestant League, see John Sleidan, Hist, of the Reform., trans. Edmund Bohun, p. 17. Notes "5 28.6. Sleidu. Johannes PhUippua Sleidanus (160«-1S66), the German historian and dramatist, was called Sleidan from the name of his birthpUce. He was historian to the League of Smalkald, and deputy for Strasburg at the Council of Trent In WQlton'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 (J665), was translated mto French, English, German, and Italian. MUton also refers to Sleidan in Apol. Snucl. (Bohn 3. 130) 28. 10. Thair QaMa-Hi^ent Mary of Lorraine, Queen of James V, Regent from 1664 to 1860. 28 11, She lammag, 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 t'.ey rejoined that then they renounced all allegiance and subjection to her ' (Buchanan, Hist, of Scotland 16: 1.398). J-J^uama 28. 16. BrohMun. George Buchanan (1606-1682), the famous Scottish poet and historian. He spent his eariy manhood m France, where he was professor of Lam at Bordeaux. Converted to Protestantism, he was impriKmed by the Inquisition, and compelled to translate the Psalms mto Utin verse. In 1662 he became tutor to Mary Queen of Scots, and later to James VL His greatest works were those of his last years, A History of Scotland md the treatise De Jure Regm apud Scolos, which was so execrated bv royalists that even as late as 1683 it was burned at Oxfonl 28. 18. John Knox (1205-1572). 28. 20. MainUind op-nly. This debate occurred at a meeting of a General Assembly of the Kirk, convened in Edmburgh im June, 1664. 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. II 1 16 Tie Tenure of Kings and Maghtrates 28. 21. Lethington. William Maitland, the eldest son of Sir Richard Maitland of Lethington, became secreUry to Queen Mary in 1861. Knox refers to him as 'William Maitland of Lethington younger, a man of good leamyng, and of scharpe witt and reassonyng' (Knox, Works, ed. Laing 1. 247.) Queen Eliiabeth 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 modem 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 imiut 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 ScoL, ed. David Laing, 2. 446). In discussing the rebuke of King Uzziah by Azarias the priest, Knox drew this inference: ' Heirof, my Lord, 1 conclude, that subjectis nocht onlie may, but also aucht to withstand and resist thair princes, whensoever thay do onie thing that expresslie repugnis to God, his law or holy ordinance ' (lb., 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 t^, .strike innocents when a kiJ^g had commanded, and in so doing had denied no just obedience. (3) That God has not only of a subject made a king, but has also armed subjects against their natural kings, and commanded them to Uke 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 Notes 1 1 - 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 c.-imes are committed, and when he gives unto them the Uke power (lb., p. 483). 28. 34. Aniwerable. Corresponding}, accordant. 28. 34. John Cr«i« (1S12 1600). In early life Craig became a Dominican friar, and narrowly escaped from a sentence of the Inquisition at Kome, 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 m July, 1680. He survived till the year 1600 (M'Crie, Lift of Knox 2. 33-671. When Craig wa.s called upon to address the Assembly, he told of a disputation on this question, which he had heard at the University of Bologna in 1664. 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. Eaox 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, howr.T. had not been as good as his word, and now, when the retjuest was renewed that he should write, Knox refused, giving as a reason that by doing so he should either schaw my awin ignorance and forgetfiilness, or eUis inconstancy.' 29.14. TheBoolemartioKBtoryofSootUnd. The History of the Reformation in Scotland, consisting ot live books, was published under Knox's name m 1644. The tint 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 '%^s:V 1 1 8 The Tenure of Kingi and Magistrates given verbatim. Book 4 coven the period 1801-1S84. The book wu frequently called The Hislorit of Ike CImnh of ScoOami, and it so referred to by Milton. The onginal title of the work ia aa foUowi: ' Tke Hitlory of the Refor- mahoun ofReligiom within tke Realme of Scotland Conteitnyng the maner and by what Persona the Light of Chriitia Evangell hath bene manifested unto thia Realme, after that horrl'ile and universall Defectioun from the trewth, which hea cume by the Meanea of that Romane Antichriat' 29. 18. Thaw troaUaa. Struggles of the Puritana for a firee church in a free state. 28. 24. Thay mat in the faild Mary thir lawftal 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' (/A., p. 461). See also accounts of thia event in Spotswood, Hist, of tke Chunk of Scotland, ed. Russell, 2. 61ff.; Knox, U'trks, ed. Laing, 2. BS8 fF. ; De Thou, Hisl. UniverstlU 6. 262-264 ; and Laing, Hisl. of Scot. 2. 187 ff. 29. 28. Five yean after that 1S67. 29. 29. Sent Embaaaadora to Qnaen Eliaabath. The fol- lowing were ambaasadota : the Earl of Moray, Bishop of Orkney, Abbot of Dunfermline, Earl of Morton, Lord Lindsay, James Macgill, Heniy Batoaves, 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 ni'd toward! her more lenity, etc. An entry in the Commonplace Book, p. 81, gives ua the clue to Milton's authority : ' Scoti proceres missis ad Elizabetham legatis post Mariam regno pulaam, jure id factum multia eaemplia con- tendunt. Thuan. hist 60, p. 769.' He follows De Thou, Hisloire UmverselU 8. 294. 30. 4. That the Scot* were a free Kaiion, etc. Both De Thou and Milton must have consulted Buchanan, Hist, of Nttei 119 Sal. 20: 1. 80t : ' The nation of the Scoto being at tirat bee by the coinmon luiTrage of the people, set up kinga 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 forefathen, the same course is observed in creating their magistrates. Moreover those ceremonies which are used in the inauguration of our kinga, have an express representation of this law, by which it clearly appeara, 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 drath.' 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 Elizaljeth. Buchanan, however, in the manner of an ancient historian, ha. j^ainst the King, laid up no extra store of credit for themselves or others. 35. 35. Our adversaries. He refers here to the Royalists proper, the delinquents. He makes a distinction between adversaries and Presbyterians. 35. 36. Ambignoua interpretation. Another reference to the much-disputed clause in the Covenant. Notes "7 or 'eniLat^"'""*- Sp«aki.« in riddle,. Ambiguous or en^matic m e»pre^io„. ff. Rom. and Jul. 2. 3 4^ pfrfi'i''""' ^°'^ '""• »"<• ''°™ly in thy drift- R'ddI.ngconfe«io„ find, but /ddlingslirift' See also 5.>(. 1. 1064: ■My riddling days.' 36. 36. Degradement Degradation, abasement. DofnteL,^- ' *'*"'' *"" "^ '""^y- •Charles was disap- pomted at h,s reception in the Scottish camp at NewcastleHe tt" d' tT:';'"^™"' r "'^'^"'-'^ 'ha. hewasTaXl^us"; treated. The assurances which had been eiven tohim.hro„„i kinl H,r„ I C"'""^«°ners several times attended the kmg dunng h« stay as a prisoner of the Scotch rrmv at Newcastle, July ,646, and pressed him to ag^ee to the proposmons for peace forwarded by the Endish nariilm-nr Among the rest Lord Lowden, Cha^cellf tf' stS made a speech m which he said: 'And now, Sir, if your ^Ujesty (as God forbid) shall refuse to assent o the ftZ smons, you W.1 lose all your friends in the Hou^f Te the cty, and all the country; and all England wi on and set up another Government, they will charge us to debver your Majesty to them, and to render their gL^son" and remove our armies out of England, and upryour &fajes.y;s refusal of the propositions, both kingdom^ will be constrained for their mutual safety, ,o agrfe and settle S'erwm'rur: ^'T' "-'■' ""'" (•■>— nieak:": ^el) will rum your Majesty and your posterity if your ftToL And f" ' r^*™"™ of y-' MajestysToy^ ttrone). And if your Majesty lose England by your wilful- S.r.'^p T "' P'™'"^'' *° ^°-"- and re^n ins „t. land CJohn Rushworth, Hislorica/ ColUclioHS 6. sfo). 37.12. Nor did they t«.t. Strive to make a treaty ii III ia8 The Ttnure o/Kiiip and Magistraus 87. 1 ,. Jojrn'd them Montly, etc. Milton has no warrant for thi« 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 Commiasionen, and the faction behind them. 37. 16. They grew madd npon. Became infatuated. The use of the preposition here indicates the thing to which the emotion •s directed. 37. 17. A uoat 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 Engl.ind, for the purpose of restoring him to hia full royalty. See Masson, Life 8. 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. 37.18. Bent. Tendency or purpose. Cf. /". i. 11. 697: Admit delight, the bent of nature. 37. 19. Hii evil CoonceL 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 Faith/ut RepresenlatioH, p. 6). 37. 22. Wfaila he was in thjr power. While the king was a prisoner in the Scottish camp. 37.38. SpeciScaL Specific A thing pertaining to another species. 87. 33. 7ith formes and habitndee. In ancient philosophy, form was the essential determinant principle of a thing, that which makes anything a determinative species or kind of being. Cf. Telrach. (Bohn 169) : ' The form by which a thing is what it is.' Nous 129 Hrtitad*. The usual bodily condition, manner of beine di.po»,t.on. The whole ph-aae might be rendered, 'In essentials and appearances.' 87. 84 D.,d M to Uw. Cut off from civU rights, and so legally reckoned as dead. A ba„i*ed subject was so regarded. 88. 4. Wu no more to ipare, 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 ilso one of the leading theses of the First Def. See also Etkon. (Bohn 1. 360;. 38. S. Obnoxiont to the dooms of law. Obnoxious to, liable to, exposed to. This was formerly the prevailing use of the word. Cf. Eikm. (Bohn 1.398): Wholly obnoxioi's to his will.' Doomt, a judgment or decision, especially one form.illy pronounced and adverse to the accused. ^^^''\. ™* "" oon'M^on at Hew-,ort. On Sept. 18, 1B48, the Commissioners chosen by parliament met King Charles at \ewport, in the Isle of Wight, and presented the same propositions which were placed before him at Hampton Court. The first proposition, to which MUton refers was also presented to the king at Newcastle. The ,ble runs: 'Whereas both Houses of the ParUament of England have been necessiuted 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 vaUdity, unless a complete understanding were arrived at on every point, and thus convmced himself that whatever concessi - he might make would be merely nominal. As Charles nad hmself 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 b-/ his word. As nothing came of ■ e negotiations at Newport, Milton s argument that Charles confessed to 'he truth of the 1!. % ft If »-| II 1 i i 13° The Tenure of Kings and Magiilratei thrice-repeated charge is, to say the least, far from Mtu- fiictory. See S. F. Gardiner, Hisl. of Ike Great Civil H'tr 8. 472. For the full text of the tint proposition, see Rushworth, Hist. Coll. 6. 809. See also Neale, Hist, of Pur. 2. 81, and Marsden, Later PUriUuti, p. 280. Cf. First Def. (Bohn i. 201) : ' At the treaty in the Isle of Wight the king openly took upon himself the guilt of the war, and cleared the parUa- ment in the confession he made there, which is publicly known.' 88. 10. Ahab. See 1 Kings 22. A stock iUuatration 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 contt^ning the trueth tolde hi by Micheas : but to his owne destructio ' (Goodman, How Superior Powers ought to be Obeyed, p. 126). Antioohna 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 Judsea, for the observance of the Sabbath, circumcision, and abstinence from pork and othci jnclean 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 Maccabaeus, 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. Meroi. See Judg. S. 23. See also S4. 2. 38. 12. Heroz Cnraed : a sermon preached to the Hoiuw of Gommoiu Feb. 88, 1141, 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 ' ^..'■/ts<. 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 Nous >3' publ„hed a «rmon in which Charle. wa, denounced a» an Achan, whon, ,he Lord cut o« because he troubled braeh rr„Ji?T1* * ""'■ ""' '""'■ Sute.Phy,ician. would r«emble God, to cut off tho.e from the I^nd who ave di-emperd .t; meliu. e,t ut pereat unu, quam unital' [•-^nco-ClassKum pp. 9 and 64) we^elr''lT "' ">« '"'"''X''™" ""nister,: 'When you Z ...^d^ P"''»">em against the King and his forces, etc (Tp. 2?) ' ^'^ *'" ^"•'P""'^'' <^""'-^« *''"'' (M^^tk^'"!^^""- '" ""'^"™' «'"'^» » fiilmination fomal «suu,g of condemnation, c .ensures by The pope or other ecc es,ast,cal authority. Milton is really using the word here m .ts early sense. The Presbyterians are, therefore compared with the pope. 'nereiore, rh^.?^' '™"""» ^^•"'P""*- The form of Presbyterian church government, agreed upon by the Ass nbly of d,vmes at Westminster. According to the discipli devised by the Westmmster Assembly, ignorant and .andalous f*™™ """ '° "« »"»P«'"d«d from the sacrament of the ^/rl ,'' ^ ""^i"ed ""ner e:ipressed godly sorrow and repentance, and subm-ted to the censure of the eldership, hardened m h» sm, he was to be excommunicated. Milton ff .he'f *''' '''= ''"'"yt-'ri^-^ had absolved Charies in spite of the fact that he remained unrepentant. 38. 28. Mintaters of KKUtion. Hugh Peters advised the «mt1on.7T"V'/'' ''"'^"' '" ''*"'= "P ««= P^opi-^ to sedition {Cknco-Chssicum, p. 11). 38. 82. Cem not to Incite othe™. In 1648 the Pre* bytenan pulpits were ringing with invectives against the army. In a tract Ctenco-Classicum or The Ckrg.alhLm to a TMrd ,^rU*" ^T", '° "" ^'^ """^ •"'='■ J-^hn Price declare. , U r A """'"'^"^ *"" "'""e their opponents an ™„ A™^' ' ^™"'"'™ "' ^'P"'' =» vipro^brood, an oppressing Army, an Army of Hereticks, a Schismatical : ill' wt ■ 3* The Tenure of Kings and Mapstrates Anny, an Army whose lives are not worth a prayer, and whose deaths are not worth a teare' (p. 7). Cf. First Drf. (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.' 39. 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.* 39. 9. Angry with the Jewa. 1 Sam. 8. 89. 13. His omi ancient goverment. A theocracy whose leaders, Moses Joshua, Samuel, governed according to the direct inspiration of God. 39. 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. 39. 21. Other ample antority. 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. 39. 23. That. Later editors insert thty before this pronoun. That, however, might refer back to people (1. 8). 39. SO. To dispose. To ordain, to appoint, to make ar- rangements. To osconomize, to act as the governor of a household. Milton uses the word literally, from otxos, house -H v6/ioi, from vifittv, to manage. Cf. S.A. 17^. ' Suarez, the Jesuit, riseth up against the royal authority of Adam, in defence of the freedom and Uberty of the people; and thus argues :ByrightofCreation (saith he) Adam had only oeeotiomical power but not political (Filmer, Patriarcha, p. 31). 40. 4. Tenure and ooonpstion. 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 tiie king, either mediately or immediately. Oocnpstion, actual holding or possession of land, tenure, occupancy. n^ Notes '33 ^nfiif^' ■^«'"»<»1T"™J'«™ written. Piynne, Walker and the authors of the Sion Home tracts. See 27.28 Pr^esSt^H*"'* *'"''• *".•>«"<»- Refers either to f rotestant kingdoms or to writeis of pamphlets. whL'*!,'"'*' "i*^' ""*" 'o ■"• *'<=■ A clever epigram by inrfilf .K u '' ^'^ *"• ■^^ '""^ »"d mood would Jhfkil^. '" ""^"P" *=^ *""- "«'»« *e .rial of M.1 on He uses ,t some 18 times in P. L. Milton was sure that he was engaging in a great cause. 41. 12. To havook. Havoc was originally an army rV ■«/ ;? / ^"^ ^'"'°"'''' *"'' '^' »"P *« dogs of war.' a" Xf? '" ^"^- ^""■■'- " ''''■■ ■* "^^ ---^ for^Lfl^TT' O*"- -«P"" dialect EarUer name ittT^Go^ he Genevan Bible (1660), Prov. 6. 6 is trans- lated, Goe to the p,ssmu-e, O sluggard.' The word was Itrherr""'^'"'"*^'"'"''^ contemptuously to per- Cf. Ready md Easy Way (Bohn 2. 118): 'Not so much rrflT"'"' ""''^'^•^■""K '" them as\ pismire.' He men nf T'T *!. ^"""P'" "^ '"Pn'dent and m«oven.ed men of a frugal and self-governing democracy or^ommon- wealth. See also Eiion. (Bohn 1. 496). 41. 22. Unfonable things. Another plea for Uberty of 2 620 if.). He d.d not believe that the church should borrow the arm of c.v.l power to force men to subscribe to any church-dBciphne. See Observ. Art. Peace (Bol.n 2. 186). KnoUea^ H.sl. Turks, p. 647: -Beware that by their wily dnfts thou pensh not' Cf. To Rem. Hire. (Bohn & 29) • 134 The Tenure of Kings and Magistrate! ' His political drifts or conceived opinions ' ; Eiion. (Bohn 2. 308) : 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. 2S. To dart againat. 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. Halignants. See 27. 30. 41. 31. Either extreame passion, or apoatacy. This use of the enemy's weapons can be explained only in one way, either the Presbyterians have given way to bad temper, or they have become tum-coats. 41. 3S. Thir liherty to bind other men's consciences. Cf. Areop. (Bohn 2. 90). 41. 1. Brotherly accord. For a moment, Milton harks back to the mildness 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 2Bd of September, 1649, DeclaraUon of the Par- liament in the t^itidicoHon 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. 123. 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. Stem, MH^m und seine Zeit, 1. 440, identifies the old and perfect enemy (alien, schlauen Feind) with the king. 42. 9. Princes. See Ps. 146. 8. 41. 11. Stories. Histories. 41. 12. Christism. Christiem II. (1613-1623). See Buchanan, Hist, of Scot., Book 20, 1. 601 : 'Of late, Christiem, Notes ■35 King of Denmark, for his cruelty, was forced out of the kmKdom. w.th all his famUy, which surely is a greater oHhtrC'T" ""' "' °" ^'"''^ ''" '"^^ -■»" -y According to De Thou, Hisl. Univ. 1. 50, where the ston- told, this event took place in 1620. He places the number ho« slaio at seventy.four. See also Mallet, Hist, de Damn. .2 18. Maximilian Emperor of Germany (1498-1519). In iuied W, r "" ^ T"' "■"'^ '" ^'™"' '^'^^^ Maximilian, kUled h.s German kmghts, and put to death his supporter^ erl ■' ''„ """ ""P"°' ™= •""^^O '" ™^« '■"■SJiating erms m order to .save his own life. He took a solemn oath m the Bruges market-place to observe the conditions imposed ,oiZ rV .u " ''* "^"^^ ^" ""^ "='^'^«' ^hen he^ad tw t "'^^.'^"'"^anny, he wrote to the officials of the city ftat he d.d not mtend to abide by the terms which had been forced upon h.m. Five years later he reduced Bruges to subiection, exacting an indemnity of 80,000 gold crowns «,d executing many of the leading citizens, lee Boulger; ntst. of Belgium, pp. 262 ff. K^l ?' """^ "■""«=" «t f'™- The massacre of St. Bartholomew, Aug. 24, 1572. f„»*if !f ■ '^^'^'>^' Pewe- In 1572, Charles IX effec- uaUy deceived Coligny and the Protestant party by sendi^ letters patent mto all parts of the kingdom [n which Z pmsed the fidelity of the Protestant prfnces, and en^ned fte authorities to enforce the edict which he had given in fevor of the reformed religion. Their suspicions bei^ lulled by these -narl^ of the king's favor, the Protestants weTe lured to Pans, and the Massacre of St. Bartholomew, so carefiillv planned, took place, Aug. 24, 1572. Milton probably read De Thou s pages describing the king's treachery. See Histoire Umverse/ie 6. 389-415. "•=<: nismte In his chapter on treaties of peace and alliance, Bodin Defers toaHr°"; "'^'^^^'^^ "^ S^oA faith. He says he prefers to adduce foreign instances, rather than those at home *hich he would wish to be buried in everlasting obS^! III \ 1] '36 The Tenure of Kings and Magistrates t'J^X"'^ ^T^ " ^'•- "^^"'■"^ '^•226, points out U^t Bodm « probably aUudi,^ ,o the day of St BarS,olo™ew. aee Bodin, De Repub., chap. 6. n «■ ?r ?• r*"""" "™lty- See Cmmmplace Book. p. 64 . Carolu, 6tus multa. protestantium civitates hi, imddii^ 1 Tp 1?"^ ""'' ™"'^''"' ■^'^- *^'^'- ^"''*"'' .hfi^'- .fl^ ^Belgium- Referring to the straggles of tlfr^\ «'"'^''"'^ '^'^ ^P^ •« achieve religious freedom. See Boulger, /&/.„/ S,^i,^ pp. ago ff In Naples. In 1647, the NeapoliUns rebelled against the power .f Spam because of her oppression. Under the leadership of a Sherman, AnieUo, nicknamed Masamello, the revolt succeeded for a time. While it was at its height the representatives of Spain promised unta:ied fruits and other the leader of he revolt was killed, and when it appeared to subside. Although the Duke of Guise came to ^e the place of Masamello, the city was betrayed into the hands of the Spaniards in Apnl, 1648. With customary perfidy, Spain dealt out pumshment to Naples, instead of Uving up to W 8rdTch?;^6'-^"''"" '-'- «'^'^-'". cha; 42. 84. Twi» ppomiB-d. See 1 Sam. 24. 16-22; 26 21 43.3. Tho« enemies The prelatists and royalists. 43. 12. OfBoe of good Pastors. Milton was lavish with advice to ministers to mind their own affairs. Cf Ammad. ^«.Def. (Bohn 8. 78), To Re„,. Hire. (Bohn 8. ^"^ Ref. m Eng. (Bohn 2. 393). ' 48 15. Huddl'd up. Hurriedly and carelessly thrown 1 C^lT^t H.^?"'^ ™*™' °"^"- Cf- ^>"»> (Bohn 1. 488): • I shall huddle him [the chaplain], as he does prayers.' 43. 16 A whole 1«7 week. For an attack on Presbyterian divmes for lazmess see Observ. Art. Peace (Bohn 2. 196). He caUs them • prod«al misspenders of time.' \nother vivid 2"8^rSeVi?iXoT''"''^ "^-^ '^ ^-" '" ^^"'- («»-" Notts '37 Phn«e. Cf. .The hurpy ,he» itl T " '""""^ parti«M. Both words arm '^"°"" " ™e directory of pubUc worsh n a„5 '.""'"''""' "^ f^*- " emment. ""'P' *"'' * ^^^eme of church gov- ^^:r^:^'nfS:sr''"i?i'^"'«^"'«-»*- began to prod and bese^h r?"*' ^^^e divines, he says, of the saliy question '^ """'"' ^°''^'''^ "settlement be;.?"'tfi:d'tf;^7;-7,'-'^'-n,e,thePa^^^^^^ kind or another, S^crberTs r,tSi ,k^'^™"'" "' 0"e his brethren went un to wA ■' '' ""* Lord-Mayor and of .ome of the™ aTd a wCnT *!" ^ «P^-e"'="ion »/ Ar. 2. 86). "^ "°" **"■ «'^ress ' (Neale, //,i,. comtLl^'';;!- -iiS:^^^^^^ ='-^] P- 'He removals fiom day to dav ^Ti? T ^"K^entations and -en to act for them ctS^rfhiT. ^^■"*'^'^"'''^'"»' and r .titions godirieZi "'"^^'''f '" Aeir certificates Ckrgy i„ M«fc^;i"^'^^,:"l°f''odox divines' (7->i, Presbyterian Clergy uJriL' 7"* ""' ^~'''« °/ ">' R'f- in E„g. 2. iU) "tT^ ^'^r""'""' P- 41). Cf Of «-2. TSth« „H „M*?^ ^"^ P'"'''^'- for fees.' ^ 3.34). ^*'" "" »W»t.on.. a. To Re„. Hire. iBoU, m "38 The Tenure cfKin^s and Magistrates By the ordinance of Nov. 16, ;846, 'aU 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 £ 30,000 yearly rent belonging to the crown, they reserve for the maintenance of preaching ministers ' (Neale, Hisl. Pur. 2. 36). Rev. John Goodwin, in The Novice Presfyler Instructed, painU 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, lb. 2. 46). Ocuble-Un'd themaelrsB. Accepted two or more benefices. 44.8. Places of commoditif). Positions of selfish benefit, profit, interest. Cf Reas. of Ch. Govt. (Bohn 2. 474) : ' To their great pleasure and commodity.' 44. S. 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 pope's senate, or a 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. Govt. (Bohn 3. i65l: 'Every parochial consistory is a right homogeneous and constituting part, being in itself, as it were, a little synod.' 44. 9. To beUy 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 fiirthering the ends of their denomination, but refi-eshed the inner man as well. Cf Animad. Rem. Def. (Bohn 8. 81) : 'A race of Capemaltans, senseless of divine doctrine, and capable only of loaves and belly-cheer.' Notes (Bot f Cs";:-* "'^'^- "' '"« --fed Chaplain i„ J" - week in Sion Coul" in Lt' „T™°'' "«'"'''y ««'« S: n College the PrXerfL ^^ J"" '**^-"»''- """" -Serious andFaitk^^^^Tl'^^ "™"^ «""» probably refers to Ce w A^^' "!:,. ^^ «P**«' here of London, 1666, • S^ CoSe • t"T^ '° ^''*'» ""P Cripplegate Stree, and Ph^ W. '" *« comer of 44. 16. The Printed laH^. a to the sententioiLstytea^dT" ^ co„temph,ou, reference of tk. Gospel, anfp^btl ,h! 2^"*'*. f '*' ^^"^ of Lancashire. ^ * '"'=* '""^d by the ministem the intolerance of the Pr«w 'T"**- ''or an account of 2.44. especially the ext^^'C!^' -'/""^' ""'' '''^■ of Jesus CtriJl. ■" '^ ^"*»«»!»' to ae Truth 44. 23. Keroi. See 46. 17 «; «•' SraX'^"'*R:\?^' "/'•*■'• «"-. etc. «ntence. The ciMoSTT'™ ^h " '° '''^ ="*"« '" the «y., will prove that fte plht '"•""' "'''™'=". ^e profess to be-true '^'::^T'£^ ^ - what they 18otMUton'"p!t- « fr^l> '" .-^A"- S^ct. (Bohn 3. gxitanL^ftife b"^* tho taTsas""";'" T"" '" *« of Thomas Mnnzer, adianced L f \ " """"*'^="'"P ohould be had in c^mmr s,- 1 T *"' »" «°°^ the Munzerians. "H^e i™^'" "'^""■'''""'vice to -esoUnceto'"thtS:'S^s,"S:d"r-t 1 'I '4° The TtHure of Kings and Magisiraus all vengeance to himself, and the Scripture conunandi in to obey the magirtrate, though he be wicked ' ; aI»o, ' It i< indeed the duty of Christians to suffer and bear the cross, not to resist, revenge, nor smite with the sword' (Bk. S, p. 98). 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 be uses the words quoted by Milton: 'For this is now the present sute of affairs, that men neither can, nor wiii, nor indeed ought to suffer our arbitrary rule any longer.' Further on he says: 'For my part, I have fi-om 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 aros( iu armed rebellion. 'Then published Luther another Book; wherein he exhorted and incited all men to hasten to the destruction of those villanous Traytots, 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 properlj their Duty to do so : Nor was it lawful only ;6r them, but also for every private Man, by any way whatsoever to kill a Rebel, because Rebellion was the greatest of Evihi that could happen in a State ' (p. 98). It 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 &ther 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, Taile Talk, trans. HazUtt, sec. 828, p. 333). While teaching the duty of passive obedience, Luther frequently declares his contempt for princes. ' They are,' he Notes 'And' i„j;rio''rtoChri^ wT^' !"; *"" ■«"«' add, Milton omitted thfa p^^e^ ft wo .H*""' "^ "*" Church/ P0»e (Sleidan 14. 2^) i^^ '^ »"rcely ,uit hi. pur- -^^ by Lutl,er uHn lll^' ^ ^7^'°" '^'"" " "«'- book obedience to n,.gi,trate. a^ertl ^^ "^^ "" """^l" not to resist evil, but TuL^nTf f' ' '^''"«'« ""ght Criticize king,, b„, in ,hi, b °1 "r*""'""- Luther could ously upheld the powe „f .hetntl "' '"'""'"■ "^ »'«»■'■ M' '°"™t authoritie. (aee ,»., p. aw) "'*'' *^ ""^tituted ! ! t i 1*4 The Tenure ofKingt ana Magiilrates See Ritu. y C*. Gml. (Bohn 2. 497) where Milton ipeak* of ' the (jrave authority of Pareui, commenting that book ' (the Book of Revelation). Parens a ako quoted on divorce law (Bohn 8. 187). 48. 21. Knox. In Obmv. Art. PluKt, Milton aays that John Knox 'Uught profesaedly the doctrine ofdepoaing and killing kinga ' (Bohn 2. 186). WhoM larg» tnatiMa. See Knox, The First Blast of Ike Tmmpel against the Monstrous Regiment of Wonm, tM2. This book appeared in the same year as Christopher Good- man's //o» Superior Powers ought to be Obeyed; and both declare the regiment [govemmentj by women contrary to the teaching of the Bible. S-e alsn Certain Questions Con- cerning Obedience to Lawful Magistrates, with Answers by Bullinger, 1564 {IVorks of Knox, ed. Laing, 8.21711.). 48. 26. Knox appeal ; and to the reader. The Afipellaiion of John Knoxe from the cr^ll and most unjust sentence pronounced against him by the false bishoppes and clergy of Scotland, with his supplication and exhortation to the nobilitie, aiui comunaltie of the same realme. Printed at Geneva, 1668, In the same volume is published Anthony Gilby's An Admon- ition to England and Scotland, to call them to Repentance. The summary of the proposed Second Blast 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 promoted any manifest wicked personne, or yet ignorantly have chosin such a one, as after declareth himself unworthie of regiment above the people of God, and such be ill idolaters and cruel persecuters, mosie justely may the same men depose and punish him, that unadvysedly before they did nominate, appoint, and electe' (^IVorks of Knox, ed. Laing, 4. 689, 640). 48. 33. Cartwright. Thomas Cartwright (1686-1608) 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 firom his college by the prelates, he visited Notes «45 Geneva, but loon returned to England and became involved in reUgioua controveny. Forced into exile in 1J78, he be- came mininter of churches in Antwerp and Middelt.urg. Returning once more to EngUnd in l«8a, he wai for a time impriioned, but ipent hU lait years in affluence and peace. Aa an upholder of the Presbyterian form of church govern- ment, he waa the most influential vriter and thinker of his party. roner. Dudley Fenncr (l«58?-iS87), a celebrated tutor m Cambridge. Owing to his support of Cartwright's doc- trines, he waa obliged to leave the university before taking a degree. He followed Cartwright to Antwerp, where he was a minister of the Reformed Church. Ketuming to Eng- land about 1588, he became a curate of the established church, but, refining, to subscribe to articles drawn up by Whitgift, he was imprisoned for some months. On hia 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, sivi Veriias 1WU est Secundum Piilalem, 1588. With introductory epistle by 'his loving brother,' Thomas Cartwright. The quotation is from 6. IS. 81 : • Monarchia; leges pro- priae sunt.' 49.6. Cartwright in a pnSx'dEpiiUe, etc. Headdresses Fenner as • Omatissimo et clariasimo fratri, et in ministerio coUegsB, Domino 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 OUby (1510-1635?). Gilby early became a pamphleteer, in opposition to Bishops Gardiner and Hooper. During Maiy's reign he was forced into exile. He joined 1+6 714* 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 Enghnd (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 fiirious) 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 1565. 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 of Knox, ed. Laing, 4. 147. In the full list of Gilby's works, catalogued by Laing in his Works of John Knox (4. 648-560), no mention is made of such a title. The quo- tation must be drawn firom one of the numerous books where he touches upon this topic. In his pamphlet. An Admonition to England and Scotland to call them to Repentance (re-printed in fiill by Laing 4. 663 ff.), Gilby takes the same ground iS Knox and Goodman. 49. 12. £n«rland'« Complaint against the Canons. This book is not extant. Neither the British Museum Catalogue nor the catalogue of the Thomas Collection mentions it. 49. 16. Chiutopher Ooodman (1520?-1608). Professor of divinity at Oxford, he was driven into exile by the Marian persecution, and lived at Strasbuig. Afterwards joining the schism of reformers at Frankfort, he and other English exiles withdrew to Geneva. Here he and Knox became pastors and close friends. Goodman's tract, quoted by Milton, was published in the same year as Knox's First Blast of the Trumpet (1668), and both pamphlets were circulated secretly in England. In 1669 Goodman went to Scotland on the invitation of Knox, and became minister of Ayr, but preached Notes •47 m vanou, parts of ScoUand. Later he returned to England «d became archdeacon of Richmond. Tried on a^ar« of unconformity in 1571, he was obliged to make a M reca^Ufon of his published opinions. L later yt^w^ spent m peace, and he died at a great age in i^ Of Obedience. The complete tiUe is, /foa, Superior />»»,,. l«'fuUy by Gods WorJe be disobeyed and rested. ^ ^ 49.16. When King, or Bulen. /4. chap. 10, pp. 139-140 Ib.:J^\f^ ^ "^^ '•" • '-l" " Miot bom, etc' /*. chap. 11, pp. 143-144. The quotation is correctly^ven 49. 83. No penon i. exempt, etc. lb. chap. 18, p 184 Milton has suppressed the condition under which the ruW I bet Sr'-*^* ''■ ■^"■^ "-"^ - PHvatel^Loi: 60. 8. When Magiitratea cease to doe thir duty, etc The whole sentence, as it star.ds in the original, is notTuoted.' Tm. "^ unimportant (.4., chap. 18, SO. IS. If princes doe right, etc. 'For this cause have herem helpe you: and for the same intent have they taken .t upon them. If they will so do, and keepe promise wit^ ^h,S V. , """= " '""■ y™ "= discharged, and no t^S" "elongethto then,: because they are not obediem tL 1^1 i i"t""™'™ '° P""'*" *= '"'^". ^-d to defend he good. And therefore your study in this case, oght to be to seeke how you may dispose and punishe according to the f^ur'aifd "''"^ "^"""^ "'"'■ '""' oppressorsXour SitrnT^"!;:? s°"t "*- ■^'-^p- '■■•■ p- *««)• notice Lw Milton has added and suppressed phrases. ch.p. 6, and may be summed up as foDows- an^'^lIrdlTbediTnce. ^""'"^ '^^"^^ ''°' '^ >«>'-♦"'• 1+8 The Tenure of Kings and Magistrates (2) God requires his people to choose such a king as the Lord doth appoint, and not as they fancy. We can judge whether a king is God's choice by God's word. He should be One who hath the fear of God before his eyes, One hating all papistry and idolatry, He who will promote God's laws. (3) The government of women is against nature and God's ordinances, for God appointed woman to be in subjection to her husband. The title of the crown belongeth only by God's word to the heirs male. Queen Mary is ' a bastard.' See Goodman's partial recantation of some of the doctrine of this book in Strype, A.sials 1. 184 (vol. 7, ed. 1824). 60. 32. Among whom Calvin, etc. Although he does not make a direct statement, Milton tries to convey the impres- sion that Calvin, among others, sanctioned Goodman's book. But Milton knew perfectly well that Calvin would never have stamped with his approval such revolutionary doctrines. 50.35. Whittingham. William Whittingham (1524?-1579), a noted Oxford scholar, was obliged to flee to the continent in the reign of Queen Mary. He became a leader among the Frankfort exiles. He and Knox led an opposition party against the use of the piayer-book. Owing to the schism created^ he withdrew to Geneva with Knox, Goodman, and other dissentients. In 1559, he succeeded Knox as minister in Geneva, where he took a prominent part in the translation of the Geneva Bible. He returned to England in 1660, and three years later was made Dean of Durham. He was brought to trial by a royal commission in 1578 on charges of adultery and drunkenness. Before any verdict was renderwi, he died in 1579. 51. 3. In Prefai 'When M. Christopher Goodman, one of our ministers, according to the course of the text, ex- pounded both faithfully and comfortably this place of the Actes of the Apostles, Judge whether it be juste before God to obey you rather than God, certeyne learned and godly men moste instantly, and at sondry tymes required him to dilate more at large that his sermon, and to suffre it to be 'I Notes •♦9 ShS ^PP"'"'™"" °"« held by the ministers of the e^teb- I'^'.o'tr.^i".::: ''"^" -' "— *--— f;;:r^ Vs'^-holeControversie aboufsubjei tfi^ru" Armes Wherein besides other Pamphlets, an Answer is punctual,, .rected to Dr. Femes Booke, enli.led ResTlving of Consaence, etc. Published by divers Reverend and Learned Divines.' This book was ordered to be printed by thf 'aftL ^^ "'o-^' t» disclaime. etc. I„ the preface, ■ whe'h™T '" .*''' "ng^gation. and sermon whether wee have taught any thing, but humble and holy they aTno°t ^"'r' ''"'"" ^''*°"'^- '^^^ <>-'-« *^' In thr r P'T""""^ of sedition, not troublers of Israel; r PITS' "^^ ""^ '°-" '-^ p^''^'^ "' "- '''^- s- o{%'n^'J°< ^^' soripture, etc. An elaborate exegesis of Rom. 13 1-7 ,s given in this pamphlet. See pp. 3-6. mlr,^ °h t V," '° "''P°"'=" "''" beisenjoined Tn civil "olfnc; ''"' "" ""' '" ''" """■"^ '° ^"f" •y™-'"- 62 8 Amerce him. To be amerced was originaUy to be at the mercy of any one as to amount of fine; hence the active to amerce, to fine arbitrarUy or according to one's IT f r?- ?"' "■" ""•= ™P''^«'l "P°" 'he ^ng is the loss of h.s kingdom. Cf Observ. Art. Peace (Bohnl. 194) ^o^r^^,^ a-nwce by any corporal infliction.' B^^krd^^K l°"!° ""'• The rule of proportion. Cf Barnard Smith, ^r,rt™,&, p. isg. .A^ost aU questions wmcn arise m the common concerns of life, so far as they ! 150 The Tenure of Kings and Magistrates require calculation by numbers, might be brought within the scope of the Rule of Three, which enables us to find the fourth term in a proportion, and which on account of its great use and extensive application is often called the Golden Rule.' The same phrase is used in Areop. (Bohn 2. 90). 52. 26. Euclid. Euclid of Alexandria, author of the cele- brated work, Eientents of Geometry, According to Proclus he lived fi^m 328 to 283 B. C, and was one of the Platonic school o2. 27. ApoUoRiu. ApoUonius Pergseus, ' the great geo* meter,' was a native of Pevga in Pamphylia, and flourished in the second century B. C. He was author of a treatise on conic sections which is still extant 62. 28. Being nndepotable but by themwlves. 'And this Parliament (what ever other might bee) is not deposeable [dissoluble] but by themselves. The Sword cannot be Legally taken from them till they give it up ' {Scripture and Reason, p. 38). ' The parliament is bound in conscience to prevent Tyranny, and preserve themselves, and Religion, Lawes and Liberties ' {ib., p. 38). ' They are empowered to take away the wicked from before the king. The sword may also be taken out of the hand of God's anointed till it hath beene sufficiently imployed, to punish those Malefactors and delin- quents which he should, but will not strike with it, or rather will defend and imploy.' In the sentence, however, we read that 'they may Legally and Lawefully take the sword into theyr hands ; and doe not take it out of the Kings, but his wicked Followers ' {ib., pp. 37, 38). It is this sort of quib- bling which Miltons condemns. 52. 32. Unmagistrate. Cf. ' unking the king,' 86. 5. 68. 11. By what rule, etc. 'By what rule of conscience or God is a State bound to sacrifice Religion, Laws and Liberties rather than endure that the Princes life should come into any possibilities of hazard, by defending them against those, that m his name are bent to subvert them ? If he will needs thrust upon the hazard, when he needs not, whose fault is that ? ' {ib., p. 19). See also p. 20. "11 N»us 'S« 53^16. Xlie«eMoi«doonMrnmenti. Religion, laws, and hberte. Co^c^rnrntras, imereste. To Rem. Hire (Bohn 63 19 The Law of Nature. That which is eternal and immutable, an embodiment of some universal human feeUmr Positive laws were composed ot human and of divine statut*. See Grotius, De Jure Belli 1. 8. 8. and 1. 4. 3. Cf. Sec Def CBohn 1 2«), and OW. Ari. Peace (Bohn 2. ,90). Mi^™ alludes to Sm;>/«„ and Reason, p. 61: .But how humane Laws made without or against God's Authority, can hinder me h-om the liberty granted me by the Law of Nature, to defend myself fiom outrageous Violence, being altogether an fcnocent I cannot see, specially in a case concerning God's immediate Honour as well as my safety.' 64. 2 A Judge or inferior Magietrate, etc. • Saint Peter names Govemours to be submitted to for the Lord's sake, as weU as the Supreme ' (Scripture and Reason p. 33). 54. 6. St Peter's rule. 1 Pet. 2. 13, I4. 5^ 16. Li a cautious line or two. '"The justification of resistance to tyranny is plainly urged. 64. 18. See Scripture and Kaason. p. 4. For further references to tyrannical rulers and the right of the Christian to resist them, see ib., pp. 2, 6, 9, 10, 20, 21, 27, 66. 64. 16 Stuft in. Cf. Reason of Ch. Govt. (Bohn 2. 481) : Men whose learning and belief lies in marginal stuffings'; ^PolSmec- (Bonn 3. 109): 'His own stuged magazine and hoard of slanderous inventions.' 64. 22. For divines, etc. This passage represents the nearest approach to humor in this treatise. It is altogether one of the happiest nieces of satire in Milton's prose. See Introd. 54. 23. Posture was formerly a military term, meaning a particular position of a weapon in duel or warfare. Cf Wood Ath. Oxon. 2. 262: 'He learned ... how to handle the pike and musquet, and all postures belonging to them ' I. was also applied to the ppearance of a body of troops : They are still out ot the garrison in a mutinous posture • 52 The Tenure of Kings and Magistrates with their arms ' {Henry Gary, Mem. of Great Civil War 1. 296. Cf. Docl. ami Discip. of Div. (Bohn 8. 184) : ' In such a posture Christ found the Jews.' Cf. Scripture and Reason, p. 71 : 'To draw them into such a posture of defence.' Hotiotti. A motion was each of the successive actions of which a prescribed exercise of arms consisted. For instance, according to the manual of 1760, the officers faced to the left about in three moliotu There were also motions of the firelock. Cf. OfRef. in Eng. (Bohn 2. 366) : Then was the priest set to con his motions and postures.' 84. 24. Feats. Another military term. Feats of war were military duties or exercises. ArtiUerr-gromid. In a tract, entitled Ancient Military Government of London, we read: ' Besides the forementioned Trained Bands and Auxiliary Men, there is the Artillery Company, which is a nursery for Soldiers, and hath been so about 80 years. Their Place, or Field of Exercise, formerly was in the old Artillery Ground, now in Finsbury Fields.' The Artillery Company dates back to 1685, and the first of- ficers were called Captains of the Artillery Garden, from the place were they exercised. From the year 1610 a weekly exercise of arms was held in the Artillery Garden (The Antiquarian Repertory, p. 269, London, 1807). 67. 17. Commodity. Cf. Eikon (Bohn 1. 316). 55. 6. Nimble motionjsts. Molionists, a word now ob- solete, was probably coined by Milton. In the New Eng. Diet., the only example of its use is in the present connection. 66. 12. Strook. An old preterite of strike. CI. P L. 2 166, H. 95. 66. 14. Scripture. An attack on his opponents, narrow interpretation of Scripture texts. On Milton's owr use of Scripture, see Introd. 65. 17. Impotent conclusions. In logic, every syllogism has three propositions— the major premise, the minor premise, and the conclusion. If the conclusion contains any term that has not been used distributively in one of »he premises, such a conclusion would be impotent or invalid. Notes •53 SS. 18. In tUa portan. He still retains the milit»rv 65.20. Like Jeburide.. Like the heathen enemies of the Lords people, not real Israelites, or n,r, ^rs of the priestiy mbe of Levites. Although both the ..busi.es and" bezek were Canaanites, the Bible is silent as to whether Adombezek was their chief, as Milton implies. Jebusites was he name of the local tribe which, in the first centuries of thlf °""Pf«°"'"'''"^' "^^ '^"-*'™. ""«' its c^deT he stronghold of Zion, was captured under David. AUusions to he mab.hty of the IsraeUtes to expel the Jebusites fZ their stronghold are found in Jos. 16. 63, Judg. 1 21 a..dT Judg^«. 10-12 i, is described as a city of lireTgners (/^.^i" oi?h;„;„,''*'"^«""; .S^J-dg. 1.6-7. The real meaning o{ a C^r v. r? "^ "^ '-"''■ Adonibezek was ch^f iLh H '"*"• "" *^ "^^'^'^^ "y 'he tribe of lol^. « T """"'""^ ^y '■^^'"S "is thumbs and great toes cut off. Accordmg to his boast, he himself had siXly treated seventy kings. "uuny t> this interesting and humorous Ulustration from Scripture wh ch ^""T ":' T ^'''^"'' '^^'^ •■"" Adonibezek,' which bemg translated mean Christ and Charies I. The that Charles IS the Lord's anointed, instead of being true to their real kmg, Christ, the Root of David. But these ver^ divmes who now cry up the King, not long ago cut off his thumbs and toes upon their pulpit cushions^^that is, insulted his sovereignty, cursed him, denounced him, eto. (see i 6) as an enemy of Israel. '' 66. 33. As the sonl of David hated them, etc. See 2 Sam. 6. 6-10, especially v. 8 ; ■ And David said on that day Whosoever getteth up to the gutter, and smiteth the Jebusites r . n ?"".""/ "^ *"'"'• '*'»' "= hated of Daii,ts sou he shall be chief and captain. divltf T !r* "r-*^ ^"^ ^"^ ^^- Earlier Protestant divmes-Luther, Calvm, Zwingli, Goodman, Femier, etc. ,54 The Tnuri of Kings «»'' Mapstraits 66 8. 8ab.p«Utic.l. Prdaticl, i" Milton and oth« Jfer, of hU tCu a ho,.,!, .enn for Ep»copa^^ T^' t .1 .1,. r.r»iii here is ambiguous. It may mean ajier, r^i ^\Ztl^Z more prXble meaning is .o.^^. He «nnot caU the Presbyterian faction out-and-out supporters of p«C, but he means to indicate that their advocacy of dltae ngkt and of a tyrannical church government » m- cUning them in that direction. 86 11 To -1 inf«ior Magirtrato UwfoU. What » un- U^ to a private man, may be lawful for an .nfi^nor ^^te. Ihis was one of the -»y» '» '''■.'t,^„^T^ ZT^d others qualified their support of the righU of the •"m' «. That faU «»d impad«t ««rtion. See 32. 2. «-::-^rKd^u::^or.:i"uirec.rrect an ecclesiastical office or religious ho^, the "ght o^^pre «ntation to a benefice or living. OngmaUy .t me«.t Ae Xation to defend its rights, or to be its advo^te^t Sterne, Trisiram Shoniy, chap. 16: ■*"-» ^;*''^^^°™'^; donation presentation, and fi-ee disposition of t- ^55 and children, had a secret entrance to the great idol and theTbt? '" "^"y "''-■^ "f ««-. »heep, and'Tne ■:^ade by the Baby.o™a,«^ Daniel exposed their trick, to King Cyru," SeTLT "^^ "" ""= <='"^ "■""«"-« "•«-«". 57. 6 Eaia'd them to he high u,d rich of poors uid b.» oTowtirth r'^'^"^" '"'^ nonconfor^is? divin" wTe Hfted hv fh ""' P"" ^"^ "'^^ ri^cumstances they were Viol ^ ™"°^''' °' '"^ "^y '"'" "igh and rich po! Green tfT\^"M°' ""= '""^P-^ents afe'saidSrb; Green, the feltmaker, Marlin, the buttonmaker, Spencer the .rx/e!"^^"' "■" «'°-'' ^"^ — - .1^0: „/^r /'^°/7""^' ^*' ■5<^*""«"« 5i^'^"tB. Probably he means the clergy, men of the Established Church formerly in power. In anci«, ..mes, the locust was a synonym for the most awM g^eed and waste. For a celebrated description of the ravage of itzi:rTr ' "• ^^™-' ""'■"- <=-^p- >« En^'iBo'^T,^/'' ''''-^ '° «- «■ '-^- «. O/^./. in 67. 11. Thirimpetnons ignorance and importnmty. This las cn„c.sm of the di.Ines for their domineering attftude to parhament, and ceaseless clamors for the estlSishment of he.r mtolerant church-system, is a repetition of what he h^ said over and over again in this pamphlet. P THE HISTORY OF TYRANNICIDE. Milton's contribution to a history of tyrannicide is, as we have said, the most important that has ever been made by any English author. The subject seems to have escaped the notice of later English students of the classics, so that it be- comes necessary for the present writer to add several refe- rences to those collected by Milton, and to present the material in a more connected form. In the heroic age the Greeks seem to have been upholders of the doctrine of the divine right of kings, for they believed that the king was the choice of the gods, and to murder him was an act of sacrilege.' In the course of time, however, the Spartans instituted a regular tribunal for the trial and punishment of tyrannical kings. Both Pausanius and Agis were deposed by the ephors and the senate." Not alone in Sparta, but throughout Greece, attempts at despotism became common ; the isolated districts of a mountainous country, and the isles of the iEgean, saw the rise of numerous small kingdoms governed by tyrants.* The fickleness of the Greek, and his natural love of liberty, made the tenure of these petty tyrants exceedingly precarious, and usually short-lived. They were frequently driven into exile by sudden revolutions; in Athens a law of Solon decreed the more mercifiil punish- ment of ostracism, instead of death.' It was not until the murder of Hipparchus by Harmodius and Aristogiton that tyrannicide became popular in Greece » Obsfrv. Art, Piacr (Bohn 2. 188). • Odyis. 16. 400ff. • Thncydldes, History, Bb. 8. • The rapid rise and fall of these tyrannies, and their great number, may be studied in the exhaustive work of H. G. Plass, Die Tyrannis. • Plutarch. Life of Solon, chap. 19. Appendix ij^ Although this ajsoMination was inspired by motive, of private vengeance, the deed of the two friends became one of the peat tradition, of Greelc liberty, and the murderer, of the Kn of the iyrant Pi,i.tratu. were henceforth the .ubiecU . i .t ■?"?'' ""? '"'' "■* »«'P'°''» chUel. • To honor .hem and their deacendanU became an article of repubUcan faith ' ' Duruy draw, up a lUt of the honora accorded to the two heroes; " mdudes a vase, a painting, two moneta^, types, and marble and brazen statues. 'The Athenian.,' he m^s represented the two friend, a. martyrs of liberty, thev erected statues to then, they granted privileges to their descendants, wh.ch the latter enjoyed as late « the time of Uemosthenes, and on festival days they chanted- •I will carry the sword ui.der the myrtle-branch, as did ^fr\ ^ristogiton when they slew the tyrant, and established equality in Athens. 'Most dear Harmodius, thou art not dead; doubtless thou l.ve« m the Islands of the Bles«d, where are, they say AchUleu. the swift-footed, and Diomedes, the son ofTyde,« In the myrtle-branch I will hide the swora, like Harmodius tTe tyr™ t°*^'°"' " *' "'^ '""™' "' A*™' 'h^y 'lew r^l^^ *^T ?*" '^ ^^" ™''"^ "PO" «">>. beloved Har- modius, and thme, Aristogiton, because you have slain the tyrant and established equality in Athens ' thirr/r"' ''*^''^"'' °" ""= ™*' o* «« i^Pired by whether th^w'^Kr "' •y'^""'°'ie; 'I do not know whether the firat pubhc statues were not erected by the Athenians and m honor of Harmodius and Aristogiton, who .lew he tyrant; an event which took place in the same year m wh.ch the kings were expelled from Rome, -^l j %ger, S.rUM^rt„Polm^.k,. U> Gr,c,,tch,.U, R„ain>. p 5 Darny, H^,. ,f Gr„u, trans. Hlpley, 2. 22. This &„/,L' or toniing-song, has been attributed to CalUstxah^. t Tj •^ of the two friends, see Kennedy, cv.„™ of I>^aJ,, p2 I 158 The Tenure of Kings and Mtij^is/rates cuitom, from a most praiseworthy emulation, was afterwt- 'j adopted by all other nations.'' Praxiteles also executed ' two tigurea of Harmodiua and Anstog:iton, who slew the tjrants.' ' Amphicrates made a brazen statue of Leeena. 'She was a skilful performer on the lyre, and had so Ijecome acquainted with Harmodiua and Aristogiton, and submitted to be tortured until she expired, rather t'lan Ijetray their plot for the exter- mination of the tyrants. The Athenians, being desirous of honoring her memory, without at the same timj rendering homage to a courtesan, had her represented unde^- the figure of an animal (a lioness), whose name she bore ; and, in order to indicate the cause of the honor thus paid her, ordered the artist to represent the animal without a tongue.' ^ So extravagant was the popular estimation of this murder of the son of Pisistratus that the Athenians gave a dowry to a niece of Aristogiton, who was living in poverty in the isle of Lemnos.* Even so distinguished an author as Plato joined in the chorus of approbation : ' For the interests of ru'ers require that their subjects should be poor in spirit, and that there should be no strong bond of friendship or society among them, which love, above all other motives, is likely to inspire, as our Athenian tyrants learned by ex- perience ; for the love of Aristogiton and the consUncy of Harmodius had a strength which undid their pn\.c; Cal- listhenes relates that Philotas, the friend of Alexander, asked him one day what person was most honored by the Athenians. He gave the names of Harmodius and Aristogiton, because they had destroyed tyranny by the murder of one of two tyrants.* Alexander also declared that Athens would be foremost among Greek cities in receiving the murderer of a tyrant It afterwards happened that the pretended author > Natural Hist., Cap. 34. 10. * Ibid.^ chap. 19. » Ibid. * Plutarch, Life of Aristides, ' Symposium^ trans. Jowett, 1. 182. ' Callisthenes, quoted by Arriau, Anabasis of AUxander, 4. 10 ; 3. 16; 7. 19. ApptnSx ,J5 of Al"ander'. death wa, publicly h„„-.„d by a decree P«.d by U,e Athenian.. A decree pa„ed in ,he year «3 wh^' .h fr^^ ""'""ri'ed any Athenian to kill the citixen cver.hrowlh"'"" "' "■" '^"™^' ''""> "•« ^'P"Wic, o^ overthrow the consftufon. Even down f, the day, of the Roman empjre the memory of the two friend, wa, honored ■■ Ar'^ aV ''^'"^"™ of Julius Ca«r, the AthenUn, dre«ed the statue, of Brutu, and Ca.«iu,, and placed them b«,de .h„,e of Harmodiu, and Aris,o„ito„ on'^helgora" The earl,e»t reference m Greek literature to the evil, of mTms): '" ™'*' ''""™ ''^■'^°'°" '""=» B-^- Truth it is that I declined the bloody desperate career Of tyrannical command, to rule alone and^om!neer In my native happy land, with arbitrary for", aid fear- Neither have I smce repented ; unreproacPd, wUhout a crime- Placed alone, unparalleled, among the statesman of , he time"! M^rwtr/"'^ I»et Theognis of Megara (B. C. 570-848 or mto exUe. The following fragments express his indignation : ToTjJf' l'^':^?''''. f^™"'' ""f '•■ombine lo lurther his imquitous desiini' But, If your faith is pledged, though late and loath If covenants have pass'd T,etween you both B,7"k "?ff'"»'^„'"m ! keep your oath ! ' But should he still misuse his lawless power. To trample on the people, and devour; Depose or overturn him-anyhow! Your oath permits it, and the gods allow.' The sovereigTi single person-what cares he For love or hate, for friend or enemy? MIS smgle purpose is utility." Ut^toe, see Ilgen, S..hi, ,, „, car^,„„ Con.n..Ua Gr.ccrun., ' Dio Csaslns, Hist. 47. 21. ' Trans. Frere, Works 3. 366. ' Trans. Frere, 3. 361. ' Ibid. 862. ,6o The Tenure of Kings and Magistrates Herodotus (B.C. 484-443[?l) was also forced into exile by a cruel tyrant. In Samos he gathered together his fellow- exiles returned to Halicamassus, his own city, and expelled the tyrant Lygdamis. His writings show his animus against despotism, a good instance being the speech which he puts into the mouth of Miltiades on the eve of Marathon, he represents the general as appealing to the soldiers to emulate Harmodius and Aristogiton.' Xenophon (B. C. 444-3571?]), in the dialogue entitled Hieron, pictures the miseries of a tyrant's life, and refers to the great honors conferred upon tyrannicides by Greek cities. Andocides (B C. 439-399), exiled in B. C. 416, was allowed to return to Athens upon the fall of the Thirty Tyrants. In replying to the charge of unlawful participation mthe mystenes, he alludes to the exoneration of the tyrannicide by the Athenian law and gives as a law of Solon the text of an oath which the Athenian was required to Uke, to the effect that he would himself kUl, if able, any one who overthrew the democ- racy in Athens, or who set himself up for a tyrant, or should aid another to establish tyranny. If another should kdl a tyrant, the citizen swore to regard him as one who had killed an enemy of the Athenians. If a citizen should be killed in attempting to destroy a tyrant, or in such an enter- prise, he would accord him and hU children the same hoiior as was given to Harmoeius and Aristogiton and their de- scendants.'* . . Plato (B C. 428-347) was an unfriendly cntic ot tyrants, although he lived for a time at die court of Dionysius. He did not go to the extent of openly defending tyranmcide, but his intimate fnendship with Dion made him sympathize with the latter in his efforts to expel Dionysius. Plato taught that if a man kilU another unjustly, he is wretched; if justly, he is not to be envied. He would evidenUy consider the I 6. 109. See also B. 6B; 6. 123. • As noted above, MUton quot«d this dialogue in fini Dif- (Bohn 1. 12B). ■ On the Sfyilirie,, § 93. Ct. ScheUing, Dt Sotonu Ugibm, p. 7. and Schoemann, De CamMs AHimiimmm, pp. 131 K. ' i! Appendix i6i murder of a tyrint a righteous act, but would not care to be the assassin. He defines tyranny as 'the power of doing whatever seems good to you in a state, killing, banishing, doing all things as you like.' He makes Socrates say that a tyrant has no more real power th?T a man who runs out into the Agora carrying a c's; o, .- 1 in the ninth book of the Republic, after describing .;_: excesses of u private person, he says: 'This noxious _!,-'s imd iheii followers grow numerous and become coi "■. us of their strength; assailed by the infatuation of the p.;up.., :!v,- choose from among themselves tlie one who has most of the tyrant in his own soul, and him they create their tyrant.'" Again he says that the tyrant is of all men the most miserable,^ and, in com- paring the tyrant with the legitimate monarch, he asserts that one year of the tyrannical equals only twelve hours of the royal life.* Aristotle (B.C. 384-322) was even more outspoken in his condemnation of tyranny than Plato. His famous definition of tyranny was destined to be quoted by the republican writers of future ages : ' There is also a third kind of tyranny, which is the most typical form, and is the counterpart of the perfect monarchy. This tyranny is just that arbitrary power of an individual which is responsible to no one, and governs all alike, whether equals or betters, with a view to its own advantage, not to that of :ts subjects, and therefore against their will. No freeman, if he can escape fi-om it, will endure such a government.'" Demosthenes (B. C. 383-322) quotes the oaths of the Heliasts. which bound them to oppose tyranny." He explains that the descendants of Harmodius and Aristogiton are exempt from certain services demanded from other citizens,' refers ' a<:rgi(U 2. 402. • Diatcgws, trans. Jowett, 3. 285. ■ Ihid. 3. 288. ' Ibid. (Introd., p. 144). • Psltlics, trans. Jowett, 4. 10. 4. See also 5. 5. 6, 5. te 9 B 11.13; B. 11. 16; B. 11. 30; 3. 7. B. • Agaiml Timocratis § 149 ; Againil lipliius § 18. ' Against Lrptitus § 29. i l62 The Tenure of Kings and Mugistniles to the brazen statue erected to their memory,' and calls them supreme benefactors, to whose memory the people pnur libations, and honor them in songs as the equals of heroes and gods.' The great orator feared that tyrannicide might be a political necessity in fiiture ages, when the deed of Harmodius and Aristogiton would have to be repeated. ' The Syracusans,' he says, ' could never have expected that a scribe, Dionysius, would become their tyrant, nor yet that Dion with a few ships would be able to expel him.' • jEschines (B. C. 389-314), the rival of Demosthenes in oratory, was at one with him in denunciation of tyranny, and in praise of the love of Harmodius and Aristogiton.* Polybius (B! C. 204-122) says the following in approval of tyrannicide : ' To take away the life of a citizen is considered as a most horrid crime, and such as calls for vengeance; yet a man may openly destroy an adulterer or robber, without any fear of being punished for it: and those who rescue their country from a traitor or a tyrant are even thought worthy oi the greatest honors.' ' Again, he observes that ' the first conspiracies against tyrants were hat first con- trived not by men of obscure or low condition, but by those of noblest birth, and who were the most distinguished by their courage and exalted spirit: for such are at all times most impatient of the insolunce of princes.' • Aristomachus, a tyrant of Argos, was put to death in tortures the most cruel and merciless that ever were inflicted upon man; but Polybius was of opinion that ' the wicked tyranny which he had exercised upon his country might very deservedly have drawn upon him the severest punishment. Because of his great cruelty to others and his perfidy, this tyrant should rather have been led through all the towns of Peloponnesus, > aij. § 68. • On lit Embassy § 280. • Against Ltptints § 159. • Against Timarchus § 132. ' Hist. 2. 4. • Ibid. 6. 1. Appendix ■63 exposed to every kind of torture and indignity, and after- wards have been dtvrived of life.' 1 Diodorus Siculus (lived during the reign of Augustus) had much to say on the subject of tyranny. He calls Sicily -the land of tyranny,' > relates sympathetically the expuljon of D,onysius by D.on,3 describes the assassination ofAlexande of Pharos,, of D.on,. of Philip by Pausanius,. and relates the awful story of how T.moleon kUled his brother, who aspired to be a tyrant.' In a short chapter which he devotes to the efcctX XT'' "' """"^^ ^ ^">-'-S of Solon to the effect that wealthy men are dangerous to the state, because of their opportunity by means of corruption to set up a tyranny.; ,„ th.s book we also find a prolix account of the cruel les perpetrated by the tyrant Agathocles. Harmodius and AnstogUon receive the customary honorable mention.' Greek and Latm literature, so far as this subject is concerned. He was equally at home in denouncing the Pisistratida.. or the Tarqums m praising Thrasybulus or Brutus. His lives and Ga'Jh H ^'^'' 3™°'™"' ''^•°' '^'""' Dion, Brutus, and Galba breathe his passionate hatred of tyranny He contended that the mildness of the doctrines of the Epicurean, rendered the soul incapable of strong deeds, since this school had never produced a tyrannicide.'" He praised the philo- sophica teachmg of Plato, however, because it had fortified Dion'Tinl,''^'™!'/ ^^ " ^"= °"'"S 'o *'' i-P"--'i°" --hat „/r !^ f"/^'*" '" P""'^'' ^=^"^' Dionysius," and others had dared to murder King Cotys of Thrace.'^ His parallel hves of D.on and Brutus display Plutarch's uncom- doroS '"""'. '"'' "'^declaration that ■ the greatest glory of both men co.isists m their abhorrence of tyrants and ;^"'^2.4. .11.87. .16 6. .16.14. '8- 8- • 16. 94. ' 16 66 26.*1«: ^' "■ ^"' °"^" "^ "" '"""""•"■ '" >"-•"• »"•"■ Siudic. • 8. 87, 92. ■•Afor»/^„,>„,ehap.82. ■ ■ /J,tf., chap. 20. ■• /«,a, chap. 82. 1 54 The Tenure cj Kings and Magistrates their criminal measures' is thoroughly characteristic of the •whole body of his political opinions. Lucian (A.D. 120 (?)-190 (?) speaks of the hopes and feats which agitate the breast of the tyrant; simply the name ot tyranc is sufficient to create hatred in the her -ts ot the people.' The adorers of tyrants are lovers of power and timeservers, and under the rule »' ="y""'. *%"';"'' ,■!."; greater danger than if he were among a foreign foe." Lucian enters upon a nice discussion as to whether a person who kUls the son of a tyrant ought to recei-e the regular reward of a tyrannicide! he concludes that the law of tyranmcide determines the recompense, i. e., the patriotic deed is ite own reward > This author also gives some interesting data as to the lives, customs, and violent deaths of tyrants. Arrian (flourished in the second century A.D.), besides quoting CallUthenes' account of the conversation be.*een Philotas and Ale^cander,' relates that Alexander the Great sent back to Athens bronze statues o( Harmodius and Ansto- giton, which were recovered at Babylon.' Although we have already anticipated the Roman point of view in quoting the republican sentiments of Plutarch, we find that long before the days of the great biographer the Latin writers were interested in this subject. Rome had no Harmodius and Aristogiton to commit a political murder in her early days, but she produced a stem foe to tyranny in Junius Brutus, who, even if he did not kill the Taiqums at least established a precedent for the deposition of unjust rulers. Strictly speaking, the Roman republic could not boast a single case of tyrannicide, but the ancient Brutus, bervUms Ahala, Marcus Brutus, and Cassius took their places in Latm literature on a footing of equality with Harmodius and Aristo- giton. As in other respects the literary fashions of the conquered became those of the conquerors, so the eulogy 1 mrii, p. 465 (Paris, 1616). • -O'^., p. 23 • ;j«., p. 211. • ^/MifcuJi 0/ Moainiir tht Grict, cil. supra. • aid., chap. 10. • /i:J., p. 413. Appendix 165 of tj-rannicide became a popular theme with the Roman poets, orators, and historians. The troublous and corrupt days of the empire saw the cutting-oiT of numerous tyrants. •The expenence of the Roman world,' says Egger, 'shows on a larger scale that which Greece had proved many times the powerlessness of murder to regenerate the people and to establish good government. The republican tradition, however, obstinately outlived these proofs, for it was perpetu- ated m the conscience of mankind, in serious literature, and m the sophistry of the schools.' > Cicero (B.C. 106-«), one of the glories of Latin literature, set his seal of approval upon the Greek custom of honoring tyranmcide. 'The Greeks,' he .ays, 'give the hono,^ of thi gods to those men who have slain tyrants. What have I not seen at Athens? What in the other cities of Greece' What divme honors have I not seen paid to such men ' What odes, what songs have I not heard in their praise? They are almost consecrated to immortality in the memories and worship of men.'" Two more quotations from the great orator of Rome must suffice to represent his uncompromising views on this topic; both are from his Offices: 'What can be greater wickedness than to slay, not only a man, but an intimate friend? Has he then involved himself in guilt who slays a tyrant, however intimate? He does not appear so to the Roman people at least, who of all great exploits deem that the most honorable." Again he says : • Now as to what relates to Phalaris [the tyrant of Agrigentum], the decision is very easy; for we have no society with tyrants, but rather the widest separation from them ; nor is it contrary to nature to despoil, if you can, him whom it is a virtue to slay-and this pestilential and impious class ought to be entirely exter- minated from the community of mankind. For as certain limbs are amputated, both if they themselves have begun to be destitute of blood, and, as it were, of life, and if they ' Sur U Meurtre Politique^ etr * Spteih for Mito, chap. 2i). ' 8. 4. p. 28. 1 66 The Tenure of Kittys and Magistrates injure the other parts of the body, so the brutahty and fer- ocity of a beast in the figure of a man ought to be cut off from the common body, as it were, of humanity.'' Nepos (B. C. 100-24) narrates the deeds of Thrasybulus, Miltiades, Dion, and Timoleon. SaUust (B.C. 8a-A.D. 34) puts a protest against tyranny into the mouth of Caius Memmius.' Li\-y (B.C. 59-A.D. 17) describes the revolution led by Brutus against the Tarquins,= and recites the text of the Valerian Law against those aiming at tyranny.* Seneca (B. C. 4 (?)-A. D. 65j wrote the verses quoted by Milton in The Tenure of Kings and Magistrates (22. »).' Persius (A. D. 34-62), in his third satire, exclaims: 'Great father of "the gods, be it thy pleasure to inflict no other punishment on the monsters of tyranny, after their nature has been stirred by tierce passion, that has the taint of fiery poison— let them look upon virtue, and pine that they have lost her for ever!' He refers in the same satire to the dread of Phalaris and Damocles, when they heard a voice whispering to their hearts, ' We are going, going down the precipice.' Quintilian (A.D. 35-97 (?) uses as an illustratiin in his Principles of Oratory the phrase of Cato, 'CiEsar came sober to destroy the commonwealth.' • He also employs the similitude : ' As physicians prescribe the amputation of a limb that mani- festly tends to mortification, so would it be necessary to cut off all bad citizens." The use of all such material in school- eiercises reflects the thought of the age; the Roman Senate in the days of Nero and Domitian had become cowardly in its subservience to tyrants, yet the educated classes loved ' Ibid., chap. 7. Other references to Cicero's writings : 'iid. S. 21; Lrllrrs to Atlitm 10. 8; 14. 16; 16. 15 (in which he calls those who kill tyrants tyranncolotits) ; To Brutus, chap. 16, Philip. 1. 1. » Jugurthan War, chap. 31. ■ Hist. 2. 8. ' 8. 6. • Htrcula 922-924. • Bk. 8, chap. 2. ' 8. 8; cf. 7.2,3,7. Appendix • 67 to talk about resmance, even if they had become too effemi- nate to take up arms against misrule. Suetonius (during ,he reign of Trajan) describes the last days and unhappy deaths of Tiberius,i Nero,> and Galba' and gives a sympathetic account of the revolt of Vindex* hiJ'^f"'"'/ ^^■'^- ".^(^^-"^P)' fr-"" *- opening words of h.s ^W. wherem he states that 'liberty was Instituted in he consulship of L.Junius Brutus' shows his animus against tyrants. H.s sketch of .he life of Tiberius is one of the^ZI terrible exposures of tyranny ever written. His best-known Mying on this topic is contained in his description of the funera Junia ,he niece of Cato : 'The busts of twenty most Ulustnous families were borne in the procession, with the names of Manlius, Quinctius, and others of equal rank. f, fvTTT "'', , ^™'"' "'"^'"'"^ "-=■" ^»' f™"" 'he very tact that their likenesses were not to be seen.'" Marcus Aurelius (A.D. 121-180), the republican emperor, was at one with other philosophers of his age in eulogizing Marcus B™.us: 'From him I received the Mea of a pob^ m which there is the same law for all, a polity administered with regard to equal rights and equal freedom of speech o?;il ,1 r °1 ^ '''"^'y government which respects most KK ''"'/'■'^"^''O'n of the governed.- He seems to have mbibed these view, from the rhetoricians of the day, who taugh their pupils to declaim against tyrants : ' From Fronto [the rhe oncianj,' he says, ■! learned to observe what envy and duplicity and hypocrisy are in a tyrant, and that generally those among us who are called patricians are rather deficient in paternal affection.'' DioCassius (A.D. 156-?) praises Vindex, who incited the ' Z«rj, chap. 75. " Chap. .37, 49. ' Chap. B, 12, 14, 19, 20. ' AW-o, chap. 40; Galba, chap. 11 • 3. 76. • Meditations 1. 14. ' 1. 11. i68 The Tenure of Kings and Magistrates army to rise against Nero, and describes with gusto the latter's vices, vanities, and miserable death.' Appian (middle of the second century) shows his hatred of tyranny in his relation of the conspiracy of Brutus and Cassius, and their subsequent misfortunes in war.' Marius Maiimus (reign of Severus) wrote the lives of three tyrants, Avidius, Albin, and Niger. Trebellius PoUio (reign of Constantine), in an endeavor to match the roll of the Thirty Tyrante of Greece, whom Thrasybuliis overthrew, drew up accounts of the lives of thirty Roman foes of liberty, most of them being military leaders of slight importance." Capitolinus (a contemporary of Pollio) imitated him by writing the lives of the tyrants. Varus, Pertinax, and the Maximins. Flavins Vopiscus of Syracuse (flourished circa A. D. 300) also produced literature of this kind in hU lives of the tyrants, Firmus, Satuminus, Proculus, and Bonosus. Lucius Florus (reign of Trajan) has a single reference to thU subject in his remark; 'Brutus and Cassius seemed to have cast Csesar, like another king Tarquin, from the sover- eignty.'* Libanius (A. D. 314-393 (?) lived in a century when Christianity had inculcated the duty of passive obedience, but his voluminous writings show all the ardor of Plutarch against tyranny. He quotes Socrates and Theognis as author- ities against the prevaiUng practice of poets in praising tyrants, even those despots who surpass all in madness and wickedness. Alluding to the eulogy of Harmodius and Aristogiton by early poets, he says that he has heard that no slave should be given the name of either hero.» In a bold justification of tyrannicide he declares: 'Whoso • HM., Bk. 63. See also 78. 22; f>7. 24; 62. 27. ' Hist, of Civil War 4. 114—136. • See his Thirty lyranls. See Gibbon's ridicule of this Ust, Diclim and Fall 1. 408 f. • Epitmne 4. 2. • Ofrra 1. 6B5 (Paris). Appendix ,6, J^eite'^^^jfr'' •"r"'"'^''*'" '■''■■«'"■ "■"•should rt f ""■ *"" ""« "h" •■" done equal deed, m war, becau,e the soldier b sustained by the presence of h» comrade,, whUe the slayer of a tyrant L to 30^^. ' Shal we not love any kind of wickedness before tyranny ■ " their f? .°'""= P*"'^ "'♦>-"''•• '"eir punishment. the.r .nfamy,. the cruelf, cf Echetus and Phalaris" "he Athenian tyrants,' the des-mction of the Theban ty anl' and the proper reward of tyrannicide.' Among the schoolmen of the Middle Ages this subject received some attention from John ofSalisbu.?, whoaprroved of tyranmade," and from St. Thomas Aquinas, who dis- oTtrDuke'fT,'"' ''"°™"'^ •>-™>^" T'.e murdlr with n. /, °'''''^"' '" '*"^ ''■™^'^'l 'he old question Xated LTh- "^ '"'"^^'- ■^^ =^'^'"' >- -- P--. ZiL^L r 'Tf^ P""'" '" '"^ P™Wbition. Had this enthusiast stood alone, his strange pl.a might have been Stein t "' T^ ?""= °' ^^'^^^^ -- ^--g-'d v^ h being the mstigator of the crime, and the leami,« of the Sorbonne, pubhcly maintained the thesis that it is lawful for subjects to slay a tyrant," while his associates in the lt™To kin '• ""'"'■ ""■ """"^ '^'^^ ""'hori/e each person to kil , or cause to be kUled, a tyrant, and even to decided "^J' "' '""''■" ™= '"'«'«°" *^ no' 'o be dec,ded, however, without the pronouncement of the church. Jean Gerson was the leader of conservative thought on this ■ 1.896. ' 1. 651. ' 1- 62. ■ 1. 788. ' 1. 628, 735. . 1. 607. • 1. 690. '• Polycraticut 8. 17—21. " Dt R,g. Print. 1. 2. " Creighton, Hist, of th. Papacy 2. 71, 72 " Blakey, Msl. «/ P,l,i,cal Littr. 2. 215. ' 1.694. • 2. 490. 170 The Tenure of Kings and Magistrates subject, and, chiefly owtng^ to his denunciation of tyrannicide, it was condemned by the Council of Constance, which decreed in 1416 that it was heretical to assert 'that any tyrant may be killed by a vassal or subject of his own, even by treach- ery, in despite of oaths, and without any judicial sentence being passed against him.' ' The Council, for political reasons, refused to condemn the specific opinions of Petit, and, in spite of the decree, Pope Sixtus V subsequently publicly eulogised the assassination of Henri III by Clement, the Dominican.' Throiighc'it the sixteenth century there was a steady development of the theory of the deposing power, and the literature on the question of tyrannicide becomes abundant. The sermons and exegetical works of the Protestant reformers, especially those of the second generation, encouraged resis- tance to tyrants through the intervention of the Huguenots, and Roman Catholics of France were opposed to the tyrannical monarch, the former invoking the interests of the state, the latter those of religion.^ But the massacre of St. Bartholomew in 1572 cre^iiuiJ deeper convictions, and exerted a tremendous effect o- thill crs of all shades in politics ; the results of that awful event were really most beneficial to the cause of civil and religious liberty. It has been pointed out that within seven years of that seeming calamity were written the most important revolutionary tracts of the century. The follow- ing works of that great creative period are especially note- worthy as bearing on the subject of tyranny : Hotman, Franco- Gallia (1573); Bodin, De Republica (1576); Boetie, Discours de la Servitude Volonkiire, ou le Contr'un (1676); Languet (or Du Plessis-Momay) Vindicia contra Tyrannos (1579) ; and Buchanan, De Regni Jure apud Scotos (1579). Of these writers, Bodin seems to have been the first modem to make a search in the writings of Greece and Rome on the sub- > Creighton, Hht. of the Papacy^ 2. 72. ■ Von Ranke, Hist, of the Popes 1. 521. See also Oxenham, Ethics of Tyrannicide, in Short Studies, p. 409. ' Armstrong, Political Theory of the Huguenots, in Eng. Hist. Rev., Vol. 4, 1899. appendix ,7, ject of tyranny. He draw, up a short list of the tv,«m. cde. of an..qui,y, quote, the law of Solon and the vZ^ ■t » lawful for either the people or the nobility to procAd aga™t a tyrant by way of justice, or even byVpen^ 3" but .f he be an absolute sovereign, a, in France Sl^„' ri^h "Jo' h" "T"'' ""' '"''^«" "" "<" poises" ev^Te over mm^'^Bu^T."' •"'"•/!' '"'^ '"'^' "° J-'^"*^" orinr, r , ^ , ?""■""' ""'"K ™y by another foreign pnnce b. lawfully slain, as Moses slew the Egyptian a^ "r.y"nt"7:' T/™" '"'"''' n,ons.er.i:at is o Z'„ T ; T^ """ ""'•*"'" °' "^--^'^ he includes D,on, Timoleon, Aratus, Harmodius, and Aristogi.on.' The author of r,W,hi, comra Tyrannos refined upon Bodin's cunous d,st,nc.,on between princes, contending "^^hat there or!;: h""' "*'"" '""''' ^"^ *« '>^^"' "* «o the but one who has violated the compact, tacit or expres^d between h.mself and his people. The private citizen^ay draw h^ sword aga.nst the usurper, but not against the eg, .mate pnnce. The magistrate, however, may bf appL Ld d°u.;"' " ^""""'"^ '" "■"?■=' - l^-wful king to'do his The formulation of such views had its natural consequence They were carried to their logical conclusion by the Roman Cathohc party. The articles of the League of Paris in nS provided for the suppression of heresy^d tylnny I"d hi assassmahon of Henri III was the result.. Hencl^ ,he J«u,t wr-ters regarded any tyrant, and particularly a" teal monarch, as a fitting victim of tyrannicide. The ecdes astical upholders of political murder%aught that there were two kmds of tyrants-usurpe,^, who might of course be sTain and despots, to be regarded as worthy of death at the hands' ' Tht Six Booirs „/ a CommonwraU p '>22 ' Ibid., pp. 220, 231. ■ Janet, Hi,t. d, ta Sci^c, Polili,u^, pp, 86 87 Armstrong, Tl,t Fr^ch Wars of Ji,li^o„, p. 63. 1 lyj The Tenure of Kings •ind Magistrates of the individual citiien, lifter the whole republic had ex- presily or tacitly condemned them. This doctrine, to be sure, allowed much latitude for individual judgment.' Mariana, the Spanish Je»uit, in hi» famoua chapter, De Tyrama, in Dt Regt el Regis Inslilulione (1S99), gave the frankeat ex- position of this teaching, and may be regarded as the leading advocate of tyrannicide among the numerous Roman Catholic pamphleteers. He openly justified the assassination of Henri III, and decided that a tyrant might be killed either publicly or by craft. At certain kinds of poisoning he drew the line, but did not object to the poisoning of a tyrant through his clothes or cushions. With the names of Mariana and Buchanan we have completed the historical circle, and have reverted to the views of the Athenians, who chanted the Scolium to the memory of the murderers of the son of Pisistratus. ' Figgis, Ssmt felitital Thtoriii 0/ llii Efrly Jimil:, in Iratu. Reyal. Hist. Soc. 11. 104, lOB. BIBLIOGRAPHY I. Editions of 1 he Tenure of Kings and Magistrates. 1. 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 deiwse 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 Mallheui Siimtis, at the Gilded Lyon in Aldersgate Street, >.. 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 Depo.sing, are the Men that did it themselves. Published now the second Time with some additions, fflwrf majiy Testimonies also added out of the best and learnedest among PROTESTANT Divines asserting the position of this look. The Author J. M. LONDON, Printed by MaHhew Simmons, next doore to the Gil-Lyon in Aldersgate Street, 1650. [Some copies of this edition have the following variation in the title,—' Printed by Matthew Simmons, at the Gilded Lyon in Aldersgate Street, 1649], i. The Tenure of Kings and Magistrates. Originally written by the Celebrated John Milton. Now corrected and republished with Additional Notes and Observations • and particularly recommended, at This Time, to the Perusal of the Men of Ireland. Dublin 1784. [This reprint, on cheap paper, was issued in the form of a 16mo tract, with a short introduction by the anonymous editor. He makes a plea for the sovereignty of the people, and quotes as authorities Strabo, Tacitus, Hotman, Hoadley, Burnet, Locke, Hutcheson, and ' the Author of the North Bntam: The notes are few and of no value]. q2 174 The TeHUrt of Kings and Magistrates 4. The Rights of Nations to depose Their Kings, an Abridge- ment of The Tenure of Kings and Magistrates. Ed. William G. Lewis. London, circa 1800. 5. The Tenure of Kings and Magistrates, appended to Milton's History oj Britain. Ed. Francis Maseres. London 1818. [A reprint of Birch's version of 1753]. n. Prose Works. Prose Works of John Milton. Amsterdam, 1694. The Works of Mr. John Milton. [No Place] 1697. Complete Historical, Political, and Miscellaneous Works. 3 vols. [Ed. John TolandJ. 1898. A Complete Collection of Historical, Political, and Miscel- laneous Works of John MUton. Ed. T. Birch. 2 vols. London, 1738. The Works of John Milton, Historical, Political, and Miscel- laneous. Ed. T. Birch [and R. Barron]. London, 1763. [In a quarto edition of this publication, which appeared the same year. Birch (or Barron) observes that in 1650 The Tenure of Kings and Magistrates was republished by the author with considerable additions, 'all which, omitted in every former edition of the author's works, are here carefully inserted in their proper place.' This boast is not justified, for the edition of 1697 included the additions]. The Prose Works of John Milton. Ed. C. Symmons. 7 vols. London, 1806. The Prose Works of John Milton. With an Introductory Review by R. Fletcher. London, 1833. The Prose Works of John Milton. Ed. J. A. St. John. 5 vols. London, 1848-63. [The well-known Bohn edition, the most convenient and, on the whole, the best edition of Milton's prose ever published]. Prose and Poetical Works of Milton. Ed. J. Mitford. 7 vols. London, 1851. ni. Prose Selections. Selections from the Works of Taylor, Hooker, Milton, etc. London, 1807. . „ . The Poetry of Milton's Prose, selected from his Various Writings, with Notes, and an Introductory Essay, [by C.]. London, 1827. The Beauties of Milton, consisting of Selections from his Poetry and Prose by A. Howard. London [1834]. Select Prose Works. Ed. J. A. St. John. 2 vols. London, 1836. Bibliography 175 Extracts from Milton's Prose Works. Edinburgh, 1836. Prose Works of John Milton. Ed. R. W. Griswold. New York 1847. Selections from the Prose Writings of John Milton. Ed. S. Manning. London, 1861. Treasures from the Prose Writings of John Milton. Ed. Fayette Hurd. Boston, 1866. Selections from the Prose Works of John Milton. Ed. J. J. G Graham. London, 1870. John Milton's Politische Hauptschriften. Uebersetzt von Dr. W Berr.hardi. Berlin, 1870-79. Selected Prose Writings of John Milton, with an Introductory Essay by E. Myers. London, 1884. Readings from Milton, with an Introduction by Bishop H. W. Warren. Boston, 1888. English Prose Writings of Milton. Ed. H. Moriey. London, 1889. The Pro.se of Milton, selected and edited, with an Introduction by R. Gamett. London, 1892. Selections, chiefly Autobiographical, from the Pamphlets and Letters of Milton, with the Tractate on Education and Areopagitica. New York, 1901. Prose Works of Milton. Vol. 1. London, 1906. Introduction to Prose and Poetical Works of Milton. Ed. H. Corson. London, 1899. IV. Biography, Criticism, etc. bearing on Milton's Prose. Aubrey, John. Collections for Life of Milton, appended to Lives of Edward and John Philips. Ed. Wm. Godwin. London, 1815. Blackburne, Francis. Remarks on Johnson's Life of Milton. London, 1790. Chateaubriand, M. de. Essai sur la Litterature Anglaise. Paris 1836. Fry, Alfred. Lecture on the Writings, Prose and Poetic, and the Character, Public and Personal, of John Milton. London, 1838. GEFfROv, A. Etude sur les Pamphlets Politiques et Religieux de Milton. Paris 1848. GuERLE, Edmond DE. Milton: Sa Vie et Ses Oeuvres. Paris. 1868. Hill, G. F. Prize Essay on Prose Style of MUton. London, 188S. Horwood. A. J. Milton's Commonplace Book. Camden Soc. London, 1876. Revised edition, Westminster, 1877. Pub. Lond 176 The Tenure of Kings and Magistrates Ivnrev, Jos. Life and Times of Milton. New York, 1888. Jenks, T. In the Days of Milton. London, 1905. Johnson, Dr. Samuel. Life of Milton. London, 1787. Keightley, Thos. Life, Opinions, and Writings of John Milton. London, 1855. Lowell, J. R. Among My Books. Second Series. London, 1876. Mackenzie, Sir Geo. Jus Regium. Against Buchanan, Dolman, Milton, etc. Edinburc:h, 1684. Masson, David. Life of John Milton, narrated in Connection with the Political, Ecclesiastical, and Literary History of His Time. 6 vols. London and New York, 1859-80. Mead, L. A. Milton's England. London, 1903. Milton Memorial Lectures, 1908. Read before the Royal Society of Literature. Ed. P. W. Ames. London, 1909. MiRABEAU, Count de. Theorie de la Royaute d'apres la Doctrine de Milton. Paris, 1789. Morgan, J. de. Milton considered as a Politician. London, 1875. Mortimer, C. E. An Historical Memoir of the Political Life of John Milton. London, 1805. Of the Monarchy of Scotland against Milton. London, 1684. On Milton as Liable to Just Censure. London, 1709. Pattison, Mark. Milton, an Account of His Life and Works. London, 1879. Peck, Francis. Memoirs of Life and Poetical Works of John Milton, with an Examination of Milton's Style, etc. London, 1740. Raleigh, W. A. 'lie of Milton. London, 1900. Seeley, J. R. Lectures and Addresses. London, 1870. ScHARF, LuDwiG. John Milton and Jean Jacques Rousseau. Braunschweig, 1882. Schmidt, Henricus. Milton considered as a Political Writer. Halle, 1882. SMrm, GoLDwiN. Lectures and Essays. New York, 1881. Stern, Alfred. Milton und seine Zeit. 2 Telle. Leipzig, 1877-79. Toland, J. The Life of Milton, containing, besides the History of His Works, Several Extraordinary Characters of Men, Books, Sects, Parties, and Opinions. London, 1699. Trent, W.J. John Milton, Life and Works. New York, 1899. TuLLOCH, John. English Puritanism and Its Leaders. Edin- burgh, 1861. Weber, Georg. John Milton's Prosaische Schriften Uber Kirche, Staat und affentUches Leben seiner Zeit. Ein historisches Taschenbuch. Leipzig, 1852-53. Bibliography 177 Whtte, Holt. Milton's Areopagitica and Review of Johraon's Criticism of the Style of Milton's English Prose. London, 1816. Windsor, A. L. Milton, His Politics, Prose Writings, and Biographers. In Ethica. London, 1860. VODOZ, Jules. An Essay on the Prose of Milton. Zttrich, 1895. V. A List of the More Important Works consulted in the Preparation of the Present Edition of The Tenure of Kings and Magistrates. Acton, Lord. History ofFreedom and Other Essays. London 1907. Armstrong, E. The French Wars of Religion ; Their Political Aspects. London, 1892. The Political Theory of the Huguenots. In EngUsh Hist. Rev. Vol. 4. London, 1889. Baillie, Robt. Letters and Journals. 2 vols. Edinbureh 1775. ^ ' Barclay, Robt. Inner Life of the Religious Societies of he Commonwealth. London, 1876. Baudrillart, Henrl Jean Bodin et Son Temps. Paris, 1853. Blackey, Robt. History of Political Literature. 2 vols. London 1865. Bluntschli, J. K. Theory of the State. Oxford, 1886. BoDlN, Jean. Les Six Livres de la Republique. Lyons, 1580. De Republica. Paris, 1586. The Six Bookes of a Commonweale. Trans. Rich. KnoUes. London, 1606. Brown, Hume. Life of George Buchanan. Edinburgh, 1890. BucER, Martin. Sacra Quatuor Euangelia. 1563. Buchanan, George. De Jure Regni apud Scotos. Edinburgh, Trans. R. Mac&rlan. London, 1799. — History of Scotland. Trans. Watkins. London, 1827. Burnet, Gilbert. History of Own Times. 2 vols. London 1724-34. Calvin, John. Praslectiones in Librum Prophetiarum Danielis. Amsterdam, 1667. Institutes of the Christian Reliirion. 2 vob. London 1838. Carlvle, Thos. Letters and Speeches of Cromwell. 4 vols. London, 1904. Carv, Thos. Memorials of the Great Civil War in Eneland. London, 1842. 178 The Tenure if Kings and Magistrates Clamndon, Edward, Earl of. Histoiy of the Rebellion. 6 vols. Oxford, 1888. Clergy in Their Colours, or the Pride and Avarice of the Presbyterian Clergy hindering Reformation. London, 1661. Dunning, W. A. A History of Political Theories, Ancient and Mediaeval. New York and London, 1905. Political Theories from Luther to Montesquieu. New York and London, 1906. Edwards, Thos. Gangi^na. London, 1646. Egger, Edward. Sur le Meurtre Politique chez les Grecs et Chez les Romans. Turin, 1866. Fenner, Dudley. Sacra Theologia. Vignon, 1686. Ferne, Dr. H. Conscience Satisfied. Oxford, 1643. Figgis, J. N. Theory of the Divine Right of Kings. Cam- bridge, 1896. Studies of Political Thought from Gerson to Grotius. Cambridge, 1907. Some Political Theories of the Eaily Jesuits. In Trans. Royal Hist. Soc. Vol. 11. London, 1897. Politics at the Council of Constance. In Trans. Royal Hist. Soc. Vol. 18. London, 1899. Filmer, Sir Robt. Observations Concerning the Original of Government. London, 1680. Patriarcha, or the Natural Power of Kings. London, 1680. Fortescue, Sir John. His Life, Works, and Family History. Ed. Lord Claremont. London, 1869. Gardiner, S. R. Constitutional Documents of the Puritan Revolution. Oxford, 1899. History of England, 1603-1643. 10 vols. London, 1884. History of the Great Civil War. 1642-1649. 3 vols. London, 1886-91. History of the Commonwealth and Protectorate. 8 vols. London, 1894-1901. Gauden, Dr. John. Certain Scruples and Doubts of Conscience about Taking the Solemn League and Covenant. London, 1643. Gerard, Seigneur du Hailla<. Histoire Generale des Rois de France. Paris, 1676. GiLBY, Anthony. An Admonition to England and Scotland to call Tljem to Repentance. Geneva, 1668. GiLDAS. Chronicle. Trans. J. A. Giles. London, 1848. GiLLEs, Peter. Histoire Ecclesiastique des Egllses Vaudoises, 1160-1643. Pignerol, 1881. 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Prynn against Prynn. London, 1649. Prvnne, W. and Walker, C. Declaration and Protestation. London, 1649. RusHwoRTH, John. Historical Collections. 9. vols. London, 1722. Seyssel, C. La Grand' Monarchic de France. Paris, 1619. Shaw, W. A. History of the English Church, 1640-1660. London, 1900. Sleidan, John. History of the Reformation. Trans. Bohun. London, 1689. SHrrH, Sir Thos. De Republica Anglorum, or the English Common Wealth. London, 1583. Someis Tracts. 4 vols. London, 1748. Thomas Aquinas. Opera. Paris, 1871-1880. Thohason, George. Catalogue of the Pamphlets, Books, Newspapers, and Manuscripts relating to the Civil War, the Commonwe^th and Restoration, 1640-1661. Printed lor the British Museum, 1908. Thuanus 0- A. DE Thou). Histoire Universelle, 1643-1607. 16 vols. London, 1784. Tillev, a. a. The Literature ot the French Renaissance. 2 vols. Cambridge, 1904. Some Pamphlets of the French Wars of Religion. In English Hist. Rev. London, 1899. Treumann, R. M. Die Monarchomachen. Leipzig, 1896. Ure, Percy. The Origin of the Tyrannis. In Journal Hellenic Literature, Vol. 26. Verhigu, Peter Martyr. In Librum Judicum Commrntatii. Heidelbergae, 1609. Walker, Clement. A History of Independency. 3 parts. London, 1648-61. Bikliography ,jj, Wa.,c|««,, h. O. The Church and .he PuriUn.. London, ^^o^r.^S^r"" Flower of HistoT. Tr!riT^,u.. ^SS^tms.'-''"'""- M™-^ of Englbh Affairs. 4 vols. Wvci^,j„„^. De Civili Dominic. Ed. Poole. London. ^Tun^lVS"™"- °''"'- Ed-SchulerusetSchulthessius. "■^'S^^e'S^^||^„^,-^ed.. „Lord the King."to'„3'o7i^^.'^^'"^'^ O- Sovereign 'Sn.r^-JnnV"Ltd«n:T^'«° '° *« ''— ' ^"P- ~ia;S;ien''"London! l"^"""' "^°""'^' '° P-^"™' *« ^o;5^n^?S9'' " *' "■""" °' '='•"""<»>=• D'<=- 4. '««. Testimony to the Truth of Jesus Christ and tn n„. s i INDEX TO TEXT Abiram 8. 6 Abatract 18. 13 AccomodatlOD 43. 6 Adam 9. 28 Adonibezec 55. Jl Adulterate 14.9 AdTOQBoas 66.32 Affections 3.4 : 5.38; 22.35 Bab 23.13; Sa 10 Allenatlan 8. 31 Allegiance 6.11; 11.8 Amendment 35. 19, 52. 29 Amerce 52. 8 Anointment 88.28 Anawerable 28.35 Antiochna 38. 10 ApoUoniuB 62. 27 Arbitrement 10.26 Aristotle 12. 13 ; 13 (note) Arragonian 12. 1 Arrogate 12.24 ArtilTery-groond 54.25 Asia 12. !§ Assembly 28.20; 80.21 Angmentations 66. 83 Authentic 9.19 Bandied 4. 4 Beck 11. 15 Bel 56.26 Belgia 42. 30 Belglc 31.2 Bereaving 41. 9 Beseeming 30. 13 Besotted 13.21 Britain 27.4 British 26. 32 Bruges 42. 19 Bncer 47. 27 Buchanan 28. 16 ; 29. 27 ; 80. 11 Byzantine 26. 20 C»sars 13. 23 ; 28. 6 Calumniate 9. 18 Calvin 29.6; 47.12; 50.32 Canaanitish 88. 18 Carcasses 21. 16 Cartwright 48.83; 49.6 Caveats 26. 6 CavUlous 36. 16 Censures 27. 10 Chair 48. 15 Charge 43.14; 44.8 Charles the Fifth 28. 3 Charles the Great 25. 1 Charles the Ninth 42.28 Chrlstlem II 42. 13 Chrysostome 18.21 ClrcumsUntlal 26. 8 Clad (liim over) 87. 82 Classic 7. 28 CochliBus 45. 22 Commodltle 44. 3 ; 55. 4 Concrete 18. 13 Constantinns Leo 25. 9 Convenience 18.1 Corah 8. 6 Conrtesle 12.84 Coz'n 39. 28 Craig 28. 35 Daniel 66. 25 Dathan 8. 6 David 14. 6, 23 ; 16. 9 ; 18. 34 25.28; 42.82; 66.19,25,28 Defaulted (towards) 24. 10 Degradement 36. 36 Delinquents 8. 4 ; 34 (note) ; 63 Demerit 19.13 Demophoon 14. 21 Denmark 42. 12 Despotic 36. 34 Dion 14.29 Disanointed 4. 6 Index DiiobllKMnent 86. 17 Doom SS.b Double lln'd 44. 2 DonbUoK 9. 17 : 64. 36 Drif u 41. 28 Du HalUaa 26. 1 Dynasta's 24.11 Edward (Salat) 25. 15 Eglon 20.30; 22. 20,28 £hnd 20. 29 ; 22 26 HUabeth 29.30; 30 (note) Erected 39.5 Erewhlle 8. 7 Euclid 52. 26 Enripldea 14.28 Europe 16. 4 Exactest 62. 13 Exactor 46. 1 Express 11. 11 Exttagnlshing (from) 61. 8 Faction 4. J6; 19.27; 40 20 Fain'd 5.28; 87.20 Famonsest 48. 21 Fardest 36. 22 Fast and loos 36. 26 Feats 54. 24 Fenner 48. 34 ; 60. 20 34 Fetoh'd 9. 18 Flourlshd (it over) 23.29 Fomented 43. 5 Forecited 18.2 Formes 6. 4 ; 6. 8 ; 37 34 Fnlminations 38. 14 Furder 15.80; 20.4; 32.8; 4«. : (Geneva 50.20 GentUes 24. 2 Oentilisme 23. 29 Germany 45. 24 ; 60. 26 Oibrish 5. 6 Gibson 30 (note) Oilby 49. 10 OUdas 26.26: 27.4 Gloes'd 7. 17 Goodman 49. 16 ; 60. 19 Greeks 20. 10 Onlltiaess 14. 18 ; 31. 21 Gnll (to) 44.10 ■83 Habitudes 37.34 Hague 30. 21 Happ 46. 6 Harpy's 61. 15 Havock (to) 41. 12 Hercales 20. 17 Heasen (Lantgrave of) 28 ' High-Jandera 30. 7 Hist, of Scot. 29. 14 Holland 80. 20 Hnddl'd 48. 16 Imports (it) 21.1: 26.4; 54. 1- Inclinable 12. 25 ' Inductions 66.32 Industry (of) 5. 28 Ingagtng of 4. 7 Intanglement 6.5 Isaiah 12.20 Israel 5.36; 16.2,11 Isrselites 16.7,26; 66.20 James I 30 (note). Jebusites 65. 20 Jehoash 16.4 Jeholada 16. 4 Jehoram 28.8 Jehu 28 24 Jerusalem 55. 33 Jesse 16.9 Jews 12. 20, 28 ; 20. 28 • »' 00 • 39.9 ' ■■ ' Jonathans 6.86 Juggl'd 4.4 Justinian 16. 3 Keyes (power of) 27. 18 Knox 28.28; 29.6; 48.21,25 Killing (the) 34. 12 Labour'd out 6. 2 Languedoc 31. 16 Latitude (and shelter) 36. 35 Lemedest 48. 34 Lethington 28.21 Levites 56. 20 LiTT 16.20 Ludovieua Pius 24. 31 Luther 45. 10, 28 Lyons 81. 16 iR4 The Tenure of Kings anil MugislraUs Hadd (upon) 87. 16 Hagiu 66.81 Milmt 6&. 12 Haitland (of Lethlngton) Hi. 21 Hsllgnant 27.80^ 41.28 Hartrr (Peter) 28. 18; 48. 12 Huy 29.29; GO. 28 HaiimlUui 42. 18 Hemento'i 6. 80 Meroz 38.12; 44.28 Mlddleburrongh 60. 20 HUegaat 26.2 Miavellanies 46. 28 HonltoTlea 6. 80 Motaical S.20 Moms (law of) 14. 10 Hotlonista 66. 7 Motions 64.28 Naples 42. 31 Needs must 19.3 Nero 5. 29 Netherlands 42. 26 Newcastle 87. 10 Newport 88. 8 Nicenesse 6. 1 Noma 18.22 Oblations 44. 2 Obnozlons 88. 5 Oeconomize 89. 81 Originall 9. 11 OrAodoial 9. 20 Ooted 51. 21 OnUandish 21.7; 22.17 Overeway'd 36.27 Palter'd 4. 4 Parseas 4a 18 Paris 42.22 Paris (Mattbew) 26. 18 Patheticall 14.18 Fawn 8. 31 Persnance 41.5 Pbalarls 46.2 Philip 30. 22 Pluralities 7.24,36; 43.28; 61.28; 66.32 Postures 55. 18 Pragmatical 4t ? Preachment 43. ib Prejudicial 81.7 Presbyterians 81. 9, 16 ; 82. 12 ; 33.16,20 Presidents 6. 18 ; 27. 26, 82 ; 40. 28,26 Prime 20. 11 Progging 4a 86 Proportlonably 62. 19 Pnrita.l« 80 (note), 46. 5 Queen Regent 28. 10 Relatives 83. 11 Revolters 4. 9 Richard II 26. 16 RIdUug 86. 9 Roboam 16.26; 17.4 Romans 17. 16 ; 20. 10 Romish 27. 17 Round (don it) 81. 17 8. Albanes 12. 6 Sarasin 22. IS Saul 42.83 Saiony (Duke of) 28 1 Scape 21. 22 Scar Crowes 6. 27 Scripture and Reason 61.26 Scotland 29. 14, 22 Self-repugnance 7. 16 Seneca 20. 17 Sesell (Claudius) 11.18 Simon Magus 66.81 Simony 48. 28 Sion 44. 9 ; 55. 19 Sleidan 28. 6 ; 46. 11, 20 Smalcaldla 45. 26 Smith, Sir Thomas 26. 19 SoUlciUng 48. 86 Somlus (Conrad) 47. 10 Sovran 8. 12; 22. 21 ; 88. 28 ; 40. 19 Speciflcal 87.84 St. Basil 19.27 St. Edward 26. 15 St Paul 18.2; 61.88 St. Peters rule 64.6 Sterling 28. 14 Straltest 82. 31 Streight 4. 1 Strook 66. 12 Stuft 54. 16 Subprelattcal 66. 9 i»5 TuqaiBlllI 1«.21 TtrtuUlas 12.21 TkMdodnl 14.80 TlinldomH 8.28 Thauiu 81. 4 Tnju 14.90 Turk 22. 12 TnniM 7.18; 64.85 Unconfonnd 88. 19 Unfordble 41. 21 Un-Klngd 80.4; 88.! Umnagiitrate 62. 82 UnmucuUne 7. 7 UnnecMWrtMt 6. 1 tTDMuible sa 20 Uiuwonie 12. 4 Urimh 14. 8, 17 Vligln Hut 24. 9 VoDtMTd So. 16 ValtzM 25.2 WtldaiuM 81. 16 Wamntsble 81. 24 Whltttngliam 60.25 Wllllun the Nomun 12. 8; 22.S ZwlngUoa 46. 16 YALE STUDIES IN ENGLISH. Alb»t S. Pook, Edtor. I. The Foreign Source, of Modem E.«Ii.h Venrifiction Charlton M. Liwis, Ph.D. tOJSO n. ^c: A New Study of hi. Life and Writing,. C«oLm, Louisa White, Ph.D. »1.60 DI. The Life of St. Cecilia, from MS. A,hmoIe 48 and MS Cotton TiberiusE. Vn, with Introduction, Variant., "d IV T^y^^'^^ ■'"™* Eujo. LoviwELL, rh.D. 11.00 ^' ^ Ph.D. W.m"""'' ^°™^^- ^""""" WOODBRIDOE, ^' ^f„d w'^.l"'' ^"^ ^^ ^°'^^- Latin-Wert Saxon andWct Saxon-Latin. Mattie Anstice Harris, Ph.D. Vn. And^a,.. The Legend of StAndrew, translated from the Vm. The Classical Mythology of Milton's English Poems. 1.-HARLES Grosvenor Osgood, Ph.D »1 00 IX. 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