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nks article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia book on constitutional theory by john milton part of the politics series on republicanism concepts anti monarchism anti corruption civic virtue civil society consent of the governed democracy democratization liberty as non domination mixed government political representation popular sovereignty public participation republic res publica rule of law self governance separation of powers social contract social equality schools gaullism jeffersonian democracy kantianism kemalism khomeinism nasserism venizelism types autonomous capitalist christian classical democratic directorial system federal federal council imperial islamic maritime modern parliamentary peasant people s revolutionary secular sister socialist philosophers adams john arendt baggini bello bentham berlin bodin cattaneo chappell cicero condorcet crick franklin harrington honderich jefferson kant locke machiavelli madison marx mazzini mill montesquieu paine pettit polybius rousseau sandel sidney skinner quentin sunstein tocqueville warburton wollstonecraft politicians adams gerry adams john ashton atatürk azaña bartley benn bennett bolívar chapman clark katy clarke tom connolly cromwell davidson de gaulle de valera drakeford etherington fabiani ferguson flynn paul flynn stephen foot gambetta garibaldi grévy griffith griffiths harvie hatton hébert hopkins huppert iorwerth jackson jay jefferson jones elin jones lynne juárez kane khomeini la malfa lenin lewis lincoln lucas mackay mackenzie madison magid manley mannin mcdonnell mckechin mottley mullin nandy naysmith nehru papineau pound prescott ritchie robespierre sayed sillars singh skates skinner dennis slater slaughter smith spadolini stuart sun taverne venizelos washington whitlam wilson wood theoretical works republic c 375 bc de re publica 54 51 bc discourses on livy 1531 the tenure of kings and magistrates 1649 the commonwealth of oceana 1656 discourses concerning government 1698 the spirit of law 1748 discourse on inequality 1755 the social contract 1762 the federalist papers 1787 1788 rights of man 1791 perpetual peace a philosophical sketch 1794 democracy in america 1835 1840 on revolution 1963 history roman republic gaṇasaṅgha classical athens republic of venice republic of genoa republic of florence dutch republic american revolution french revolution spanish american wars of independence trienio liberal french revolution of 1848 proclamation of the republic 5 october 1910 revolution chinese revolution russian revolution german revolution of 1918 1919 turkish war of independence mongolian revolution of 1921 11 september 1922 revolution 1935 greek coup attempt spanish civil war 1944 icelandic constitutional referendum 1946 italian institutional referendum egyptian revolution of 1952 14 july revolution 1960 south african republic referendum north yemen civil war zanzibar revolution 1969 libyan revolution 1970 cambodian coup d état metapolitefsi 1974 greek republic referendum iranian revolution 1987 fijian coups d état 1993 brazilian constitutional referendum nepalese civil war barbadian republic proclamation national variants antigua and barbuda australia bahamas barbados canada ireland jamaica japan morocco netherlands new zealand norway spain catalonia sweden united kingdom scotland wales united states republic days armenia azerbaijan china iceland india iran italy kazakhstan malta moldova nepal niger north korea north macedonia pakistan philippines taiwan turkey related topics classical radicalism common good communitarianism consul criticism of monarchy egalitarianism the emperor s new clothes jacobinism liberalism list of monarchy referendums list of republics monarchism peasant republic primus inter pares republic without republicans republican empire republican party politics portal v t e the tenure of kings and magistrates is a 1649 book by the english poet and polemicist john milton in which he defends the right of people to execute a guilty sovereign whether tyrannical or not the work appeared five times in 1649 perhaps written during the trial of charles i of england with a second edition following in 1650 with improvements 1 and twice in collections works 1697 and complete collection 1698 a final edition revised retitled and presenting somewhat altered views appeared in 1689 2 milton s case was not that charles i was guilty as charged but that parliament had the right to prosecute him 3 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 milton s controversial denial of the divine right of kings prevented widespread acceptance of the tenure of kings and magistrates 4 full title edit the tenure of kings and magistrates proving that it is lawful and hath been held so through the ages for any who has 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 1 background and context edit in february 1649 less than two weeks after the parliament of england executed charles i milton published the tenure of kings and magistrates 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 5 6 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 4 milton s case was not that charles i was guilty as charged but that parliament had the right to prosecute him 3 milton later remarked that the piece was written to reconcile men s minds rather than to determine anything about charles 7 the work also rebuts theories posited by robert filmer and thomas hobbes 1 specifically milton took issue with the notions that a separation of powers leads to anarchy and that the king s power was naturally absolute 8 the work appeared five times in 1649 perhaps written during the king s trial with a second edition following in 1650 with improvements 1 and twice in collections works 1697 and complete collection 1698 a final edition revised retitled and presenting somewhat altered views appeared in 1689 2 during a controversy over the succession of william iii of england this edition titled pro populo adversus tyrannos or the sovereign right and power of the people over tyrants may have been edited by james tyrell a historian but continued to be advertised in 1691 as being milton s work 9 tract edit milton begins the tenure of kings and magistrates by paraphrasing the words of sallust to describe the nature of tyranny 10 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 11 milton continues by discussing the nature of law and the rule of law and the private sphere 10 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 12 milton calls on the people to support parliament s actions and wisdom 5 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 13 themes edit jonathan scott believed that the tenure of kings and magistrates was one of the key republican texts during the 17th century 14 however milton gave up parts of his republican views to support parliament especially when he called for the people to support the government 5 it is 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 15 the argument in the tenure of kings and magistrates is complicated and milton attempts to reexplain his views in eikonoklastes 16 with both pieces milton attempted to disrupt the popular image of charles i as innocent eikonoklastes means image breaker 6 the work is unique compared to other works during its time because milton emphasises the deeds of individuals as the only way for there to be justice the work also emphasises 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 the divine right of kings as well as hobbes s idea of absolute power held by a monarch 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 17 18 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 19 milton emphasises the concept of trust instilled in the king by the people and the dynasty s violation of that trust 20 he describes the crimes perpetrated by the executed king asserting that kings are accountable to more than just god 21 also milton emphasises the importance of an education focusing on the ability to discriminate between ideas and establishing self discipline 22 reception edit the tenure of kings and magistrates immediately influenced the political works and theories of many others including bulstrode whitelocke 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 2 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 23 milton s controversial denial of the divine right of kings prevented widespread acceptance of the tenure of kings and magistrates 4 the song curse my name by the german metal band blind guardian is an interpretation of milton s tract notes edit 1 2 3 4 frison 2005 p 171 1 2 3 shawcross 1993 p 105 1 2 corns 1998 p 72 1 2 3 patrick 1967 p 365 1 2 3 dzelzainis 2003 p 296 1 2 woolrych 1997 p 644 qtd in shawcross 1993 p 104 frison 2005 p 172 shawcross 1993 p 117 1 2 dzelzainis 2003 p 306 milton 1962 p 190 milton 1962 pp 236 237 milton 1962 p 194 scott 1992 p 37 corns 1998 p 67 dzelzainis 2003 p 307 frison 2005 p 176 frison 2005 p 178 qtd in frison 2005 p 177 frison 2005 p 177 frison 2005 p 179 shawcross 1993 p 104 shawcross 1993 p 106 references edit corns thomas n john milton the prose works twayne new york 1998 67 75 print dzelzainis martin republicanism in a companion to milton ed thomas corns oxford blackwell publishing 2003 frison danièle rights and liberties in john milton s the tenure of kings and magistrates christophe tournu neil forsyth eds milton rights and liberties bern peter lang 2005 171 181 print milton john complete prose works of john milton vol iii ed don wolfe new haven yale university press 1962 patrick j max the prose of john milton new york doubleday and company inc 1967 scott jonathan the english republican imagination in revolution and restoration england in the 1650s ed john morrill london collins brown 1992 shawcross john john milton the self and the world lexington university press of kentucky 1993 woolrych austin the oxford companion to british history ed john cannon new york oxford university press 1997 644 print external links edit the complete text of the tenure of kings and magistrates at the wayback machine archived 1 december 2023 presented by dartmouth college v t e john milton topics poetic style reception history religion politics early life relationships poetry poems 1645 on the morning of christ s nativity upon the circumcision the passion arcades comus lycidas l allegro il penseroso paradise lost paradise regained samson agonistes poems 1673 antiprelatical tracts of reformation of prelatical episcopa...