The Tenure of Kings and Magistrates - John Milton

Summary

'The Tenure of Kings and Magistrates' is a political prose tract by John Milton, published in 1649, shortly after the execution of King Charles I. In this work, Milton passionately defends the right of the people to depose and execute tyrannical rulers. His central argument is that all civil power originates from the people, who, in their natural state of freedom, delegate authority to kings and magistrates to enforce laws and maintain justice. This delegation, however, is conditional; rulers are not divinely appointed absolute monarchs but public servants accountable to the people. If a ruler becomes a tyrant, violating the trust placed in them and ruling unjustly, the people retain the ultimate sovereignty to recall that delegated power, judge the king, and even put him to death, as a necessary act of self-preservation and justice for the common good. Milton supports his claims with appeals to natural law, the social contract, historical precedents, and extensive biblical interpretations.

Book Sections

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Milton begins by addressing a perceived hypocrisy among certain Presbyterians who, having previously supported resistance against King Charles I, now condemned his execution. He frames the core argument by asserting that God gave all men naturally the power of freedom, which they later, to avoid confusion and violence, agreed to delegate to kings and magistrates to govern. This initial delegation of power from the people to a ruler implies that the ruler is always accountable to the people, and the people retain the right to reclaim that power if the ruler becomes tyrannical. The purpose of kingship is the common good, not the king's arbitrary will.

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Milton then proceeds to justify the right of the people to depose a king. He draws upon the idea of the social contract: humans, by nature, are free. However, to live more safely and commodiously, they decided to join commonwealths and appoint governors or magistrates. This was done by mutual consent and according to fundamental laws. Kings were originally seen as the best or worthiest among the people, chosen to defend justice and liberty, not to wield absolute power. Therefore, if a king fails in his duties, becomes a tyrant, or acts against the good of the people, he essentially breaks the contract and forfeits his right to rule. The power remains vested in the people, who merely lent it to the king.

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This section further elaborates on the conditional nature of royal power and the role of the king as a public servant. Milton argues against the concept of divine right, stating that kings derive their authority from the people, not directly from God. He emphasizes that the laws were made first, and kings were appointed to uphold and enforce these laws, not to be above them. He cites numerous historical examples where rulers were chosen by the people and where the people or their representatives exercised the right to depose unfit monarchs. The laws are meant to restrain the king as much as to govern the people. If the king becomes a law unto himself, he becomes a danger to the very society he was chosen to protect.

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Milton extensively utilizes biblical arguments to support his thesis. He rejects the idea that Christians are bound to passively obey even the most tyrannical rulers. He points to numerous instances in the Old Testament where prophets, judges, or the people themselves resisted, deposed, or even slew wicked kings (e.g., the Israelites' rejection of Rehoboam, the actions against King Ahab and Jezebel, the deposition of Athaliah). He interprets biblical passages, often misconstrued by royalists, to show that God's authority does not endorse absolute monarchy but rather justice and righteous governance. He argues that Christian liberty is not incompatible with civic action against tyranny.

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Moving beyond biblical justifications, Milton examines historical and legal precedents from various nations. He cites examples from ancient Greece (Sparta, Athens), Rome, and even early European kingdoms (including England and Scotland) where monarchs were legally or popularly deposed, imprisoned, or executed for misrule. He highlights that in many European monarchies, there were historical mechanisms for controlling royal power, such as parliaments or estates, which represented the people's ultimate authority. These historical examples serve to demonstrate that the removal and punishment of a tyrant is not an unprecedented or unlawful act but a time-honored practice rooted in the principles of self-preservation and justice.

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In his concluding arguments, Milton asserts that since the power of kings is derived from the people and is held in trust for the common good, the people retain the right to judge a tyrannical king. This right, he argues, can be exercised either by the whole body of the people or by their elected representatives (like a parliament or a court of justice). A king who becomes a tyrant, betraying the trust placed in him, becomes a private person who has committed grave public crimes. Therefore, he is subject to the same laws and punishments as any other criminal, including death, if his offenses warrant it. Milton challenges those who argue that only God can judge a king, contending that God often uses human instruments to enact justice. He implies that to allow a tyrant to rule unchecked is a greater sin than to remove him.

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Literary Genre: Political treatise, polemic, republicanism, philosophical essay.

Author Facts:

• John Milton (1608-1674) was a highly influential English poet and polemicist.
• He is most famous for his epic poem Paradise Lost, considered one of the greatest works in English literature.
• Milton was a staunch republican and supporter of the Parliamentarian cause during the English Civil War.
• He served as Secretary for Foreign Tongues (a Latin secretary) under Oliver Cromwell's Commonwealth government.
• He became blind in 1652 but continued his literary work with the help of amanuenses.

Morale: The ultimate sovereignty resides with the people. Rulers hold their power as a trust from the governed, and if they abuse that trust by becoming tyrannical, the people have the inherent right and duty to depose and even execute them for the common good and the preservation of liberty. True freedom requires vigilance and the active participation of citizens in holding their leaders accountable.

Curiosities:

• Timely Publication: 'The Tenure of Kings and Magistrates' was published in February 1649, just weeks after King Charles I was executed on January 30, 1649. It served as a powerful justification for the regicide and the establishment of the English Commonwealth.
• Controversial Stance: Milton's arguments were highly radical and controversial at the time, directly challenging the prevailing belief in the divine right of kings and the inviolability of monarchs.
• Personal Risk: After the Restoration of the Monarchy in 1660, Milton was arrested and faced severe penalties for his republican writings and his service to Cromwell's government. He was eventually released, partly due to the intervention of influential friends, but lived under surveillance.
• Target Audience: While a defense of Parliament's actions, the tract was also aimed at winning over those who had wavered in their support or were horrified by the execution of the king, particularly a faction of Presbyterians who had earlier supported war against Charles but now recoiled from his death.
• Influence on Republican Thought: Milton's work became a seminal text in republican political philosophy, influencing later thinkers who championed popular sovereignty and the right of revolution against tyranny.