Killing the King

John Milton, from The Tenure of Kings and Magistrates

[Click on image to enlarge] John Milton began writing The Tenure of Kings and Magistrates (1649) during King Charles's trial but completed and published it after his execution. It was among the earliest defenses of the regicide, which was being decried from Presbyterian and royalist pulpits all over London. The army, led by Oliver Cromwell, had forced the issue of bringing the king to trial, excluding (in Pride's Purge) the greater part of the (Presbyterian) House of Commons, who were opposed to that action. Milton argues the case for the right to execute a tyrant, but also the more radical case for popular sovereignty based on an original social and governmental compact that ensures the people's right to choose and change their governments as they see fit. In the throes of revolution, "the people" for Milton, Cromwell, and the Independent party in power are not the people generally (many of whom fought for the king and many of whom opposed bringing him to justice) but rather those who seek and value religious liberty and a "free commonwealth" without king or House of Lords.

 

No man who knows aught, can be so stupid to deny that all men naturally were born free, being the image and resemblance of God himself, >> note 1 and were, by privilege above all the creatures, born to command, and not to obey; and that they lived so, till from the root of Adam's transgression falling among themselves to do wrong and violence, and foreseeing that such courses must needs tend to the destruction of them all, they agreed by common league to bind each other from mutual injury, and jointly to defend themselves against any that gave disturbance or opposition to such agreement. Hence came cities, towns, and commonwealths. And because no faith in all was found sufficiently binding, they found it needful to ordain some authority that might restrain by force and punishment what was violated against peace and common right.

This authority and power of self-defense and preservation being originally and naturally in every one of them, and unitedly in them all, for ease, for order, and lest each man should be his own partial judge, they communicated and derived either to one whom for the eminence of his wisdom and integrity they chose above the rest, or to more than one whom they thought of equal deserving. The first was called a king, >> note 2 the other, magistrates: not to be their lords and masters (though afterward those names in some places were given voluntarily to such as had been authors of inestimable good to the people), but to be their deputies and commissioners, to execute, by virtue of their entrusted power, that justice which else every man by the bond of nature and of covenant must have executed for himself, and for one another. And to him that shall consider well why among free persons one man by civil right should bear authority and jurisdiction over another, no other end or reason can be imaginable.

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These for a while governed well and with much equity decided all things at their own arbitrement, till the temptation of such a power, left absolute in their hands, perverted them at length to injustice and partiality. Then did they who now by trial had found the danger and inconveniences of committing arbitrary power to any, invent laws, either framed or consented to by all, that should confine and limit the authority 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 as much as might be from personal errors and frailties: while, as the magistrate was set above the people, so the law was set above the magistrate. >> note 3 When this would not serve, but that the law was either not executed, or misapplied, they were constrained from that time, the only remedy left them, to put conditions and take oaths from all kings and magistrates at their first installment to do impartial justice by law: who, upon those terms and no other, received allegiance from the people, that is to say, bond or covenant to obey them in execution of those laws which they, the people, had themselves made or assented to. And this ofttimes with express warning, that if the king or magistrate proved unfaithful to his trust, the people would be disengaged.

They added also counselors and parliaments, not to be only at his beck, but, with him or without him, at set times, or at all times when any danger threatened, to have care of the public safety. Therefore saith Claudius Sesell, >> note 4 a French statesman, "The parliament was set as a bridle to the king"; which I instance rather, not because our English lawyers have not said the same long before, but because that French monarchy is granted by all to be a far more absolute than ours. That this and the rest of what has hitherto been spoken is most true, might be copiously made appear throughout all stories, heathen and Christian; even of those nations where kings and emperors have sought means to abolish all ancient memory of the people's right by their encroachments and usurpations. But I spare long insertions, appealing to the known constitutions of both the latest Christian empires in Europe, the Greek and the German, besides the French, Italian, Arragonian, English, and not least the Scottish histories: not forgetting this only by the way, that William the Norman, though a conqueror, and not unsworn at his coronation, was compelled the second time to take oath >> note 5 at St. Albans' ere the people would be brought to yield obedience.

It being thus manifest that the power of kings and magistrates is nothing else but what is only derivative, transferred, 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 taken from them without a violation of their natural birthright, and seeing that from hence Aristotle, and the best of political writers, have defined a king, him who governs to the good and profit of his people, and not for his own ends >> note 6 — it follows from necessary causes that the titles of sovereign lord, natural lord, and the like, are either arrogancies or flatteries, not admitted by emperors and kings of best note, and disliked by the church both of Jews (Isaiah 26:13) >> note 7 and ancient Christians, as appears by Tertullian and others. Although generally the people of Asia, and with them the Jews also, especially since the time they chose a king against the advice and counsel of God, are noted by wise authors >> note 8 much inclinable to slavery.

Secondly, that to say, as is usual, the king hath as good right to his crown and dignity as any man hath to his inheritance, is to make the subject no better than the king's slave, his chattel, or his possession that may be bought and sold. And doubtless, if hereditary title were sufficiently inquired, the best foundation of it would be found but in courtesy or convenience. But suppose it to be of right hereditary, what can be more just and legal, if a subject for certain crimes be to forfeit by law from himself and posterity all his inheritance to the king, than that a king, for crimes proportional, should forfeit all his title and inheritance to the people? Unless the people must be thought created all for him, he not for them, and they all in one body inferior to him single; which were a kind of treason against the dignity of mankind to affirm.

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It follows, lastly, that since the king or magistrate holds his authority of the people, both originally and naturally for their good in the first place, and not his own, then may the people, as oft as they shall judge it for the best, either choose him or reject him, retain him or depose him, though no tyrant, merely by the liberty and right of freeborn men to be governed as seems to them best. This, though it cannot but stand with plain reason, shall be made good also by scripture.

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For as to this question in hand, what the people by their just right may do in change of government or of governor, we see it cleared sufficiently, besides other ample authority, even from the mouths of princes themselves. And surely they that shall boast, as we do, to be a free nation, and not have in themselves the power to remove or abolish any governor supreme or subordinate, with the government itself upon urgent causes, may please their fancy with a ridiculous and painted freedom fit to cozen babies; but are indeed under tyranny and servitude, as wanting that power which is the root and source of all liberty, to dispose and economize >> note 9 in the land which God hath given them, as masters of family in their own house and free inheritance. Without which natural and essential power of a free nation, though bearing high their 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 therefore to be abrogated.

How much more justly then may they fling off tyranny or tyrants, who being once deposed can be no more than private men, as subject to the reach of justice and arraignment as any other transgressors?


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