The Tenure of Kings and Magistrates
Encyclopedia
The Tenure of Kings and Magistrates is a book by John Milton
, in which he defends the right of people to execute a guilty sovereign, whether tyrannical or not.
In the text, Milton conjectures about the formation of commonwealths. He comes up with a kind of constitutionalism but not an outright anti-monarchical argument. He gives a theory of how people come into commonwealths and come to elect kings. He explains what the role of a king should be, and conversely what a tyrant is, and why it is necessary to limit a ruler’s power through laws and oaths.
The work also rebuts theories posited by Robert Filmer
and Thomas Hobbes
. Specifically, Milton took issue with the notions that a separation of powers leads to anarchy and that the king’s power was naturally absolute.
The work was printed five times: the first edition was printed in 1649, perhaps written during the King’s trial, with a second edition following in 1650 (“with improvements”); two editions in collections of Milton's works, including The Works (1697), A Complete Collection (1698); and an edited version in 1689. Only one edition altered Milton's views: a version possibly edited by James Tyrell
, a historian, was changed during a controversy over the succession of William III. The work was retitled Pro Populo Adversus Tyrannos: Or the Sovereign Right and Power of the People over Tyrants. This work continued to be advertised, in 1691, as being Milton's work.
Milton continues by discussing the nature of law, and the rule of law, and the private sphere:
Milton calls on the people to support Parliament’s actions and wisdom:
The argument in The Tenure of Kings and Magistrates is complicated and Milton attempts to reexplain his views in Eikonoklastes. With both pieces Milton attempted to disrupt the popular image of Charles I as innocent (Eikonoklastes means “image breaker”).
The work is unique compared to other works during its time because Milton emphasizes the deeds of individuals as the only way for there to be justice. The work also emphasizes the freedom of the individual, and only through such freedom is an individual able to develop properly. Citing classical and biblical references, this emphasis refutes Hobbes’s divine right of kings. Milton argues that no man is better than another, having all been created in God’s image, free and equal, and that all have a right to dispose of themselves. Further, he argues that their freedom and equality entitles them to inflict the same treatment upon the king they would receive at the hands of the law, that magistrates are empowered by the people:
Milton emphasizes the concept of trust, instilled in the king by the people, and the dynasty’s violation of that trust.He describes the crimes perpetrated by the executed King, asserting that kings are accountable to more than just God.
Also, Milton emphasizes the importance of an education focusing on the ability to discriminate between ideas and the establishment of self-discipline.
, John Canne
, John Lilburne
, John Twyn, and various anonymous works. The amount of attention that the work received prompted John Shawcross to declare that the work, itself, allowed Milton to be viewed as a "great writer". Later on, the work was able to influence others without them knowing; a piece by Algernon Sidney, which copies words directly from The Tenure of Kings and Magistrates, influenced various tracts and many responders to Sidney did not know that the lines were originally from Milton.
Milton’s controversial denial of the divine right of kings prevented widespread acceptance of the The Tenure of Kings and Magistrates.
John Milton
John Milton was an English poet, polemicist, a scholarly man of letters, and a civil servant for the Commonwealth of England under Oliver Cromwell...
, in which he defends the right of people to execute a guilty sovereign, whether tyrannical or not.
In the text, Milton conjectures about the formation of commonwealths. He comes up with a kind of constitutionalism but not an outright anti-monarchical argument. He gives a theory of how people come into commonwealths and come to elect kings. He explains what the role of a king should be, and conversely what a tyrant is, and why it is necessary to limit a ruler’s power through laws and oaths.
Full Title
The Tenure of Kings and Magistrates: proving that it is lawful, and hath been held so through the 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 do it. And that they, who of late so much blame Deposing, are the Men that did it themselves.Background/Context
In February 1649, less than two weeks after Parliament executed Charles I, Milton published The Tenure of Kings and Magistrates in order to justify the action and to defend the government against the Presbyterians who initially voted for the regicide and later condemned it, and whose practices he believed were a “growing threat to freedom.” Milton aimed to expose false reasoning from the opposition, citing scripture throughout the Tenure of Kings and Magistrates to counter biblical reference that would cast holy and public disapproval on Parliament’s actions. “Milton’s case was not that Charles I was guilty as charged, but that Parliament had the right to prosecute him.” Milton later remarked that the piece was “written to reconcile men's minds, rather than to determine anything about Charles”.The work also rebuts theories posited by Robert Filmer
Robert Filmer
thumbnail|150px|right|Robert Filmer Sir Robert Filmer was an English political theorist who defended the divine right of kings...
and Thomas Hobbes
Thomas Hobbes
Thomas Hobbes of Malmesbury , in some older texts Thomas Hobbs of Malmsbury, was an English philosopher, best known today for his work on political philosophy...
. Specifically, Milton took issue with the notions that a separation of powers leads to anarchy and that the king’s power was naturally absolute.
The work was printed five times: the first edition was printed in 1649, perhaps written during the King’s trial, with a second edition following in 1650 (“with improvements”); two editions in collections of Milton's works, including The Works (1697), A Complete Collection (1698); and an edited version in 1689. Only one edition altered Milton's views: a version possibly edited by James Tyrell
James Tyrrell (writer)
James Tyrrell was an English author and Whig political philosopher.-Life:James Tyrrell was the eldest son of Sir Timothy Tyrrell and Elizabeth Ussher, the only daughter of Archbishop James Ussher. His younger sister Eleanor married the deist Charles Blount...
, a historian, was changed during a controversy over the succession of William III. The work was retitled Pro Populo Adversus Tyrannos: Or the Sovereign Right and Power of the People over Tyrants. This work continued to be advertised, in 1691, as being Milton's work.
Tract
Milton begins The Tenure of Kings and Magistrates by paraphrasing the words of Sallust to describe nature of tyranny:Hence is it that Tyrants are not oft offended, nor stand much in doubt of bad men, as being all naturally servile; but in whom vertue and true worth most is eminent, them they feare in earnest, as by right thir Maisters, against them lies all thir hatred and suspicion. Consequentlie neither doe bad men hate Tyrants, but have been alwayes readiest with the falsifi'd names of Loyalty, and Obedience, to colour over thir base compliances.
Milton continues by discussing the nature of law, and the rule of law, and the private sphere:
And surely they that shall boast, as we doe, to be a free Nation, and not have in themselves the power to remove, or to abolish any governour supreme, or subordinat, with the government it self 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 source of all liberty, to dispose and œconomize in the Land which God hath giv'n them, as Maisters of Family in thir own house and 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 than slaves and vassals born, in the tenure and occupation of another inheriting Lord. Whose government, though not illegal, or intolerable, hangs over them as a Lordly scourge, not as a free government; and therfore to be abrogated. How much more justly then may they fling off tyranny, or tyrants; who being once depos'd can be no more the privat men, as subject to the reach of Justice and arraignment as any other transgressors.
Milton calls on the people to support Parliament’s actions and wisdom:
Another sort there is, who comming in the cours of these affaires, to have thir share in great actions, above the form of Law or Custom, 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, forms, and circumstances, when the Common-wealth nigh perishes for want of deeds in substance, don with just and faithfull expedition. To these I wish better instruction, and vertue equal to thir calling; the former of which, that is to say Instruction, I shall indeavour, as my dutie is, to bestow on them; and exhort them not to startle from the just and pious resolution of adhering with all thir strength & assistance to the present Parlament & Army, in the glorious way wherin Justice and Victory hath set them;
Themes
Jonathan Scott believed that The Tenure of Kings and Magistrates was one of the "key republican texts" during the 17th century. However, Milton gave up parts of his Republican views in order to support Parliament, especially when he called for the people to support the government. “More properly termed a regicide tract, justifying the killing of King Charles I, rather than a republican tract, justifying the establishment of a new kind of government.”The argument in The Tenure of Kings and Magistrates is complicated and Milton attempts to reexplain his views in Eikonoklastes. With both pieces Milton attempted to disrupt the popular image of Charles I as innocent (Eikonoklastes means “image breaker”).
The work is unique compared to other works during its time because Milton emphasizes the deeds of individuals as the only way for there to be justice. The work also emphasizes the freedom of the individual, and only through such freedom is an individual able to develop properly. Citing classical and biblical references, this emphasis refutes Hobbes’s divine right of kings. Milton argues that no man is better than another, having all been created in God’s image, free and equal, and that all have a right to dispose of themselves. Further, he argues that their freedom and equality entitles them to inflict the same treatment upon the king they would receive at the hands of the law, that magistrates are empowered by the people:
It being thus manifest that the power of Kings and Magistrates is nothing else, but what is only derivative, transferr’d and committed to them in trust from the People, to the Common good of them all, in whom the power yet remains fundamentally, and cannot be tak’n from them, without a violation of thir natural birthright.
Milton emphasizes the concept of trust, instilled in the king by the people, and the dynasty’s violation of that trust.He describes the crimes perpetrated by the executed King, asserting that kings are accountable to more than just God.
Also, Milton emphasizes the importance of an education focusing on the ability to discriminate between ideas and the establishment of self-discipline.
Reception
The Tenure of Kings and Magistrates immediately influenced the political works and theories of many others, including Bulstrode WhitelockeBulstrode Whitelocke
Sir Bulstrode Whitelocke was an English lawyer, writer, parliamentarian and Lord Keeper of the Great Seal of England.- Biography :...
, John Canne
John Canne
-Life:The London separatist congregation of John Hubbard, who had moved with them to Ireland around 1621, on Hubbard’s death came back to London and chose Canne as minister. After a year or two he went to Amsterdam, and there became the successor of Henry Ainsworth as pastor of the congregation of...
, John Lilburne
John Lilburne
John Lilburne , also known as Freeborn John, was an English political Leveller before, during and after English Civil Wars 1642-1650. He coined the term "freeborn rights", defining them as rights with which every human being is born, as opposed to rights bestowed by government or human law...
, John Twyn, and various anonymous works. The amount of attention that the work received prompted John Shawcross to declare that the work, itself, allowed Milton to be viewed as a "great writer". Later on, the work was able to influence others without them knowing; a piece by Algernon Sidney, which copies words directly from The Tenure of Kings and Magistrates, influenced various tracts and many responders to Sidney did not know that the lines were originally from Milton.
Milton’s controversial denial of the divine right of kings prevented widespread acceptance of the The Tenure of Kings and Magistrates.
External links
- The complete text of The Tenure of Kings and Magistrates presented by Dartmouth CollegeDartmouth CollegeDartmouth College is a private, Ivy League university in Hanover, New Hampshire, United States. The institution comprises a liberal arts college, Dartmouth Medical School, Thayer School of Engineering, and the Tuck School of Business, as well as 19 graduate programs in the arts and sciences...
.