The Tenure of Kings and Magistrates

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"), and twice in collections (Works, 1697, and Complete Collection, 1698). A final edition, revised, retitled, and presenting somewhat altered views, appeared in 1689. "Milton’s case was not that Charles I was guilty as charged, but that Parliament had the right to prosecute him."

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.