to demonstrate, not by mine, but by his own reasons and authorities, that there never was a nation or people of any account (for to ransack all the uncivilized parts of the world were to no purpose) that ever allowed this to be their king's right, or put such exorbitant power into his hand, as "that he should not be bound by any law, that he might do what he would, that he should judge all, but be judged of none." Nor can I persuade myself, that there ever was any one person besides Salmasius of so slavish a spirit, as to assert the outrageous enormities of tyrants to be the rights of kings. Those amongst us that were the greatest royalists, always abhorred this sordid opinion: and Salmasius himself, as appears by some other writings of his before he was bribed, was quite of another mind. Insomuch, that what he here gives out, does not look like the dictates of a free subject under a free government, much less in so famous a commonwealth as that of Holland, and the most eminent university there: but seems to have been penned by some despicable slave,* that lay rotting in a prison, or a dungeon. If whatever a king has a mind to do, the right of kings will bear him out in, (which was a lesson that the bloody tyrant, Antoninus Caracalla, though his step-mother Julia preached it to him, and endeavoured to inure him to the practice of it, by making him commit incest with herself, yet could hardly suck in,) then there neither is, nor ever was, that king, that deserved the name of a tyrant. They may safely violate all the laws of God and man: their very being kings keeps them innocent. What crime was ever any of them guilty of? They did but make use of their own right upon their own vassals. No king can commit such horrible cruelties

* The spirit of this Defence of the People of England is that which now animates men of education and liberal opinions throughout Europe. It is not indeed to be denied, that there are persons who still argue in favour of Divine right, and persuade themselves that certain families were set apart from the foundation of the world to exercise the power of government over their species. But every day this race of thinkers is becoming of less frequent occurrence; and in the course, perhaps, of a few short years they will be as rare as the remains of mammoths and mastodons. The study of Milton's prose works may accelerate the progress of its extinction; and the increasing demand for them shows in what direction the current of public opinion is setting.-ED.

and outrages, as will not be within this right of kings. So that there is no pretence left for any complaints or expostulations with any of them. And dare you assert, that "this right of kings," as you call it, "is grounded upon the law of nations, or rather upon that of nature," you brute beast? for you deserve not the name of a man, that are so cruel and unjust towards all those of your own kind; that endeavour, as much as in you lies, so to bear down and vilify the whole race of mankind, that were made after the image of God, as to assert and maintain, those cruel and unmerciful taskmasters, that through the superstitious whimsies, or sloth, or treachery of some persons, get into the chair, are provided and appointed by nature herself, that mild and gentle mother of us all, to be the governors of those nations they enslave. By which pestilent doctrine of yours, having rendered them more fierce and untractable, you not only enable them to make havoc of, and trample under foot, their miserable subjects; but endeavour to arm them for that very purpose with the law of nature, the right of kings, and the very constitutions of government, than which nothing can be more impious or ridiculous.* By my consent, as Dionysius formerly of a tyrant became a schoolmaster, so you of a grammarian should become a tyrant; not that you may have that regal licence of doing other people harm, but a fair opportunity of perishing miserably yourself; that, as Tiberius complained, when he had confined himself to the island Capreæ, you may be reduced into such a condition, as to be sensible that you perish daily. But let us look a little more narrowly into this right of kings that you talk of, "This was the sense of the eastern, and of the western part of the world." I shall not answer you with what Aristotle and Cicero (who are both as credible authors as any we have) tell us, viz. That the people of Asia easily submit to slavery, but the Syrians and the Jews are even born to it from the womb. I confess there are but few, and those men of great wisdom and courage, that are either desirous of liberty, or capable of using it. The

See the First Book of Locke's Treatise on Government, where, in exposing the errors of Sir Robert Filmer, he establishes the doctrines lere shown out rhetorically by Milton.-ED.

greatest part of the world choose to live under masters; but yet they would have them just ones. As for such as

are unjust and tyrannical, neither was God ever so much an enemy to mankind, as to enjoin a necessity of submitting to them; nor was there ever any people so destitute of all sense, and sunk into such a depth of despair, as to impose so cruel a law upon themselves and their posterity. First, you produce "the words of king Solomon in his Ecclesiastes." And we are as willing to appeal to the Scripture as you. As for Solomon's authority, we will consider that hereafter, when perhaps we shall be better able to understand it. First, let us hear God himself speak, Deut. xvii. 14. "When thou art come into the land, which the Lord thy God giveth thee, and shalt say, will set a king over me, like as the nations that are round about me.' 99 Which passage I could wish all men would seriously consider: for hence it appears by the testimony of God himself; first, that all nations are at liberty to erect what form of government they will amongst themselves, and to change it when and into what they will. This God affirms in express terms concerning the Hebrew nation; and it does not appear but that other nations are, as to this respect, in the same condition. Another remark that this place yields us, is, that a commonwealth is a more perfect form of government than a monarchy, and more suitable to the condition of mankind, and in the opinion of God himself better for his own people; for himself appointed it, and could hardly be prevailed withal a great while after, and at their own importunate desire, to let them change it into a monarchy. But to make it appear, that he gave them their choice to be governed by a single person, or by more, so they were justly governed, in case they should in time to come resolve upon a king, he prescribes laws for this king of theirs to observe, whereby he was forbidden to multiply to himself horses and wives, or to heap up riches: whence he might easily infer, that no power was put into his hands over others, but according to law, since even those actions of his life, which related only to himself, were under a law. He was commanded therefore to transcribe with his own hand all the precepts of the law, and having writ them out, to observe and keep them,

VOL. I.

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that his mind might not be lifted up above his brethren. It is evident from hence, that as well the prince as the people was bound by the law of Moses. To this purpose Josephus writes, a proper and able interpreter of the laws of his own country, who was admirably well versed in the Jewish policy, and infinitely preferable to a thousand obscure ignorant rabbins: he has it thus in the fourth book of his Antiquities, Αρισοκρατία μέν οὖν κράτισον, &c. “ An Aristocracy is the best form of government; wherefore do not you endeavour to settle any other; it is enough for you, that God presides over ye, but if you will have a king, let him guide himself by the law of God, rather than by his own wisdom; and lay a restraint upon him, if he aim at more power than the state of your affairs will allow of." Thus he expresses himself upon this place in Deuteronomy. Another Jewish author, Philo Judæus, who was Josephus's contemporary, a very studious man in the law of Moses, upon which he wrote a large commentary: when in his book concerning the creation of the king, he interprets this chapter of Deuteronomy, he sets a king loose from the law no otherwise than as an enemy may be said to be so: "They," says he, "that to the prejudice and destruction of the people acquire great power to themselves, deserve not the name of kings, but that of enemies for their actions are the same with those of an irreconcilable enemy. Nay, they, that under a pretence of government are injurious, are worse than open enemies. We may fence ourselves against the latter; but the malice of the former is so much the more pestilent, because it is not always easy to be discovered." But when it is discovered, why should they not be dealt with as enemies? The same author in his second book, Allegoriar. Legis, "A king," says he, " and a tyrant, are contraries." And a little after, "A king ought not only to command, but also to obey." All this is very true, you will say, a king ought to observe the laws, as well as any other man. But what if he will not, what law is there to punish him? I answer, the same law that there is to punish other men; for I find no exceptions. There is no express law to punish the priests, or any other inferior magistrates, who all of them, if this opinion of the exemption of kings from the

But

penalties of the law would hold, might, by the same reason, claim impunity, what guilt soever they contract, because there is no positive law for their punishment; and yet I suppose none of them ever challenged such a prerogative, nor would it ever be allowed them, if they should. Hitherto we have learned from the very text of God's own law, that a king ought to obey the laws, and not lift himself up above. his brethren. Let us now consider whether Solomon preached up any other doctrine, chap. viii. ver. 2. "I counsel thee to keep the king's commandment, and that in regard of the oath of God. Be not hasty to go out of his sight; stand not in an evil thing; for he doth whatsoever pleaseth him. Where the word of a king is, there is power; and who may say unto him, What dost thou ?" It is well enough known, that here the preacher directs not his precepts to the Sanhedrim, or to a parliament, but to private persons; and such he commands to "keep the king's commandment, and that in regard of the oath of God." as they swear allegiance to kings, do not kings likewise swear to obey and maintain the laws of God, and those of their own country? So the Reubenites and Gadites promise obedience to Joshua, Josh i. 17. " According as we hearkened unto Moses in all things, so we will hearken unto thee; only the Lord thy God be with thee, as he was with Moses." Here is an express condition. Hear the preacher else, chap. ix. ver. 17. "The words of wise men are heard in quiet, more than the cry of him that ruleth among fools." The next caution that Solomon gives us, is, " Be not hasty to go out of his sight: stand not in an evil thing; for he doth whatsoever pleaseth him." That is, he does what he will to malefactors, whom the law authorizes him to punish, and against whom he may proceed with mercy or severity, as he sees occasion. Here is nothing like tyranny; nothing that a good man needs be afraid of. "Where the word of a king is, there is power; and who may say to him, What dost thou?" And yet we read of one, that not only said to a king, "What dost thou ?" but told him, "Thou hast done foolishly." But Samuel, you may say, was an extraordinary person. I answer you with your own words, which follow in the forty-ninth page of your book, "What was there extraordinary," say you, "in Saul or David?"