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The Tenure of Kings and Magistrates is a book by John Milton, in which he defends the right of people to execute a guilty sovereign, whether tyrannical or not. 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. The Tenure of Kings and Magistrates was one of the "key republican texts" during the 17th century. However, Milton gave up parts of his Republican views to support Parliament, especially when he called for the people to support the government. " 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." The argument in The Tenure of Kings and Magistrates is complicated, and Milton attempts to reexplain his views in Eikonoklastes. With both pieces Milton attempted to disrupt the popular image of Charles I as innocent (Eikonoklastes means "image breaker"). 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 Hobbes's divine right of kings. 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: 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.
