Answer to a Book, Part 28
XXVIII. Intitl'd Meditations upon Death.
IT might be well thought by him who reads no furder then the Title of this last Essay, that it requir'd no answer. For all other human things are disputed, and will be variously thought of to the Worlds end. But this business of death is a plaine case, and admitts no controversie: In that center all Opinions meet. Nevertheless, since out of those few mortifying howrs that should have bin intirest to themselves, and most at peace from all passion and disquiet, he can afford spare time to enveigh bitterly against that Justice which was don upon him, it will be needfull to say somthing in defence of those proceedings; though briefly, in regard so much on this Subject hath been Writt'n lately.
It happn'd once, as we find in Esdras and Josephus, Authors not less beleiv'd then any under sacred, to be a great and solemn debate in the Court of Darius, what thing was to be counted strongest of all other. He that could resolve this, in reward of his excelling wisdom, should be clad in Purple, drink in Gold, sleep on a Bed of Gold, and sitt next Darius. None but they doubtless who were reputed wise, had the Question propounded to them. Who after som respit giv'n them by the King to consider, in full Assembly of all his Lords and gravest Counselors, returnd severally what they thought. The first held that Wine was strongest; another that the King was strongest. But Zorobabel Prince of the Captive Jewes, and Heire to the Crown of Judah, being one of them, proov'd Women to be stronger then the King, for that he himself had seen a Concubin take his Crown from off his head to set it upon her own: And others besides him have lately seen the like Feat don, and not in jest. Yet he proov'd on, and it was so yeilded by the King himself, & all his sages, that neither Wine nor Women, nor the King, but Truth, of all other things was the strongest. For me, though neither ask'd, nor in a Nation that gives such rewards to wisdom, I shall pronounce my sentence somwhat different from Zorobabel; and shall defend, that either Truth and Justice are all one, for Truth is but Justice in our knowledge, and Justice is but Truth in our practice, and he indeed so explaines himself in saying that with Truth is no accepting of Persons, which is the property of Justice; or els, if there be any odds, that Justice, though not stronger then truth, yet by her office is to put forth and exhibit more strength in the affaires of mankind. For Truth is properly no more then Contemplation; and her utmost efficiency is but teaching: but Justice in her very essence is all strength and activity; and hath a Sword put into her hand, to use against all violence and oppression on the earth. Shee it is most truely, who accepts no Person, and exempts none from the severity of her stroke. Shee never suffers injury to prevaile, but when fashood first prevailes over Truth; and that also is a kind of Justice don on them who are so deluded. Though wicked Kings and Tyrants counterfet her Sword, as som did that Buckler, fabl'd to fall from Heav'n into the Capitol, yet shee communicates her power to none but such as like her self are just, or at least will do Justice. For it were extreme partialitie and injustice, the flat denyall and overthrow of her self, to put her own authentic Sword into the hand of an unjust and wicked Man, or so farr to accept and exalt one mortal person above his equals, that he alone shall have the punishing of all other men transgressing, and not receive like punishment from men, when he himself shall be found the highest transgressor.
We may conclude therfore that Justice, above all other things, is and ought to be the strongest: Shee is the strength, the Kingdom, the power and majestie of all Ages. Truth her self would subscribe to this, though Darius and all the Monarchs of the World should deny. And if by sentence thus writt'n it were my happiness to set free the minds of English men from longing to returne poorly under that Captivity of Kings, from which the strength and supreme Sword of Justice hath deliverd them, I shall have don a work not much inferior to that of Zorobabel. who by well praising and extolling the force of Truth, in that contemplative strength conquer'd Darius; and freed his Countrey, and the people of God from the Captivity of Babylon. Which I shall yet not despaire to doe, if they in this Land whose minds are yet Captive, be but as ingenuous to acknowledge the strength and supremacie of Justice, as that heathen king was, to confess the strength of truth: or let them but as he did, grant that, and they will soon perceave that Truth resignes all her outward strength to Justice: Justice therfore must needs be strongest, both in her own and in the strength of Truth. But if a King may doe among men whatsoever is his will and pleasure, and notwithstanding be unaccountable to men, then contrary to this magnifi'd wisdom of Zorobabel, neither Truth nor Justice, but the King is strongest of all other things: which that Persian Monarch himself in the midst of all his pride and glory durst not assume.
Let us see therfore what this King hath to affirm, why the sentence of Justice and the weight of that Sword which shee delivers into the hands of men, should be more partial to him offending, then to all others of human race. First he pleades that No Law of God or man gives to subjects any power of judicature without or against him. Which assertion shall be prov'd in every part to be most untrue. The first express Law of God giv'n to mankind, was that to Noah, as a Law in general to all the Sons of men. And by that most ancient and universal Law, whosoever sheddeth mans blood, by man shall his blood be shed; we find heer no exception. If a king therfore doe this, to a King, and that by men also, the same shall be don. This in the Law of Moses, which came next, several times is repeated, and in one place remarkably, Numb. 35. Ye shall take no satisfaction for the life of a murderer, but he shall surely be put to death: the Land cannot be cleansed of the blood that is shedd therein, but by the blood of him that shed it. This is so spok'n, as that which concern'd all Israel, not one man alone to see perform'd; and if no satisfaction were to be tak'n, then certainly no exception. Nay the King, when they should set up any, was to observe the whole Law, and not onelyonly to see it don, but to do it; that his heart might not be lifted up above his Brethren, to dreame of vain and reasonless prerogatives or exemptions, wherby the Law it self must needs be founded in unrighteousness.
And were that true, which is most fals, that all Kings are the Lords Anointed, it were yet absurd to think that the Anointment of God, should be as it were a charme against Law; and give them privilege who punish others, to sin themselves unpunishably. The high Preist was the Lords anointed as well as any King, and with the same consecrated oile: yet Salomon had put to death Abiathar, had it not bin for other respects then that anointment. If God himself say to Kings, Touch not mine anointed, meaning his chos'n people, as is evident in that Psalme, yet no man will argue thence, that he protects them from Civil Laws if they offend, then certainly, though David as a privat man, and in his own cause, feard to lift his hand against the Lords Anointed, much less can this forbidd the Law, or disarm justice from having legal power against any King. No other supreme Magistrate in what kind of Government soever laies claim to any such enormous Privilege; wherfore then should any King, who is but one kind of Magistrat, and set over the people for no other end then they?
Next in order of time to the Laws of Moses, are those of Christ, who declares professedly his judicature to be spiritual, abstract from Civil managements, and therfore leaves all Nations to thir own particular Lawes, and way of Government. Yet because the Church hath a kind of Jurisdiction within her own bounds, and that also, though in process of time much corrupted and plainly turn'd into a corporal judicature, yet much approv'd by this King, it will be firm anough and valid against him, if subjects, by the Laws of Church also, be invested with a power of judicature both without and against thir King, though pretending, and by them acknowledg'd next and immediatly under Christ supreme head and Governour. Theodosius one of the best Christian Emperours having made a slaughter of the Thessalonians for sedition, but too cruelly, was excommunicated to his face by Saint Ambrose, who was his subject: and excommunion is the utmost of Ecclesiastical Judicature, a spiritual putting to death. But this, yee will say, was onelyonly an example. Read then the Story; and it will appeare, both that Ambrose avouch'd it for the Law of God, and Theodosius confess'd it of his own accord to be so; and that the Law of God was not to be made voyd in him, for any reverence to his Imperial power. From hence, not to be tedious, I shall pass into our own Land of Britain; and shew that Subjects heer have exercis'd the utmost of spirituall Judicature and more then spirituall against thir Kings, his Predecessors. Vortiger for committing incest with his daughter was by Saint German, at that time his subject, cursd and condemnd in a Brittish Counsel about the yeare 448; and thereupon soon after was depos'd. Mauricus a King in Wales, for breach of Oath and the murder of Cynetus was excomunicated, and curst with all his offspring, by Oudoceus Bishop of Landaff in full Synod, about the yeare 560; and not restor'd, till he had repented. Morcant another King in Wales having slain Frioc his Uncle, was faine to come in Person and receave judgement from the same Bishop and his Clergie; who upon his penitence acquitted him, for no other cause then lest the Kingdom should be destitute of a Successour in the Royal Line. These examples are of the Primitive, Brittish, and Episcopal Church; long ere they had any commerce or communion with the Church of Rome. What power afterward of deposing Kings, and so consequently of putting them to death, was assum'd and practis'd by the Canon Law, I omitt as a thing generally known. Certainly if whole Councels of the Romish Church have in the midst of their dimness discern'd so much of Truth, as to decree at Constance, and at Basil, and many of them to avouch at Trent also, that a Councel is above the Pope, and may judge him, though by them not deni'd to be the Vicar of Christ, we in our clearer light may be asham'd not to discern furder, that a Parlament is, by all equity, and right, above a King, and may judge him, whose reasons and pretensions to hold of God onelyonly, as his immediat Vicegerent, we know how farr fetch'd they are, and insufficient.
As for the Laws of man, it would ask a Volume to repeat all that might be cited in this point against him from all Antiquity. In Greece, Orestes the Son of Agamemnon, and by succession King of Argos, was in that Countrey judg'd and condemn'd to death for killing his Mother: whence escaping, he was judg'd againe, though a Stranger, before the great Counsel of Areopagus in Athens. And this memorable act of Judicature, was the first that brought the Justice of that grave Senat into fame and high estimation over all Greece for many ages after. And in the same Citty Tyrants were to undergoe Legal sentence by the Laws of Solon. The Kings of Sparta, though descended lineally from Hercules esteem'd a God among them, were oft'n judg'd, and somtimes put to death by the most just and renowned Laws of Lycurgus; who, though a King, thought it most unequal to bind his Subjects by any Law, to which he bound not himself. In Rome the Laws made by Valerius Publicola soon after the expelling of Tarquin and his race, expell'd without a writt'n Law, the Law beeing afterward writt'n, and what the Senat decreed against Nero, that he should be judg'd and punish'd according to the Laws of thir Ancestors, and what in like manner was decreed against other Emperours, is vulgarly known; as it was known to those heathen, and found just by nature ere any Law mentiond it. And that the Christian Civil Law warrants like power of Judicature to Subjects against Tyrants, is writt'n clearly by the best and famousest Civilians. For if it was decreed by Theodosius, and stands yet firme in the Code of Justinian, that the Law is above the Emperour, then certainly the Emperour being under Law, the Law may judge him, and if judge him, may punish him proving tyrannous: how els is the Law above him, or to what purpose. These are necessary deductions; and therafter hath bin don in all Ages and Kingdoms, oftner then to be heer recited.
But what need we any furder search after the Law of other Lands, for that which is so fully and so plainly set down lawfull in our own. Where ancient Books tell us, Bracton, Fleta, and others, that the King is under Law, and inferiour to his Court of Parlament; that although his place to doe Justice be highest, yet that he stands as liable to receave Justice, as the meanest of his Kingdom. Nay Alfred the most worthy King, and by som accounted first abolute Monarch of the Saxons heer, so ordain'd: as is cited out of an ancient Law Book call'd the Mirror, in Rights of the Kingdom, p. 31. where it is complain'd on, As the sovran abuse of all, that the King should be deem'd above the Law, whereas he ought be subject to it by his Oath: Of which Oath anciently it was the last clause, that the King should be as liable, and obedient to suffer right, as others of his people. And indeed it were but fond and sensless, that the King should be accountable to every petty suit in lesser Courts, as we all know he was, and not be subject to the Judicature of Parlament in the main matters of our common safety or destruction; that he should be answerable in the ordinary cours of Law for any wrong don to a privat Person, and not answerable in Court of Parlament for destroying the whole Kingdom. By all this, and much more that might be added as in an argument overcopious rather then barren, we see it manifest that all Laws both of God and Man are made without exemption of any person whomsoever; and that if Kings presume to overtopp the Law by which they raigne for the public good, they are by Law to be reduc'd into order: and that can no way be more justly, then by those who exalted them to that high place. For who should better understand thir own Laws, and when they are transgrest, then they who are govern'd by them, and whose consent first made them: and who can have more right to take knowledge of things don within a free Nation, then they within themselves?
Those objected Oaths of Allegeance and Supremacy we swore, not to his Person, but as it was invested with his Autority; and his autority was by the People first giv'n him conditionally, in Law and under Law, and under Oath also for the Kingdoms good, and not otherwise: the Oathes then were interchang'd, and mutual; stood and fell together; he swore fidelity to his trust (not as a deluding ceremony, but as a real condition of thir admitting him for King; and the Conqueror himself swore it ofter then at his Crowning) they swore Homage, and Fealty to his Person in that trust. There was no reason why the Kingdom should be furder bound by Oaths to him, then he by his Coronation Oath to us, which he hath every way brok'n; and having brok'n, the ancient Crown-Oath of Alfred above mention'd, conceales not his penalty.
As for the Covnant, if that be meant, certainly no discreet Person can imagin it should bind us to him in any stricter sense then those Oaths formerly. The acts of Hostility which we receav'd from him, were no such dear obligements that we should ow him more fealty and defence for being our Enemy, then we could before when we took him onelyonly for a King. They were accus'd by him and his Party to pretend Liberty and Reformation, but to have no other end then to make themselves great, and to destroy the Kings Person and autority. For which reason they added that third Article, testifying to the World, that as they were resolvd to endeavor first a Reformation in the Church, to extirpat Prelacy, to preserve the Rights of Parlament, and the Liberties of the Kingdom, so they intended, so farr as it might consist with the preservation and defence of these, to preserve the Kings Person and Autority; but not otherwise. As farr as this comes to, they Covnant and Swear in the sixth Article to preserve and defend the persons and autority of one another, and all those that enter into that League; so that this Covnant gives no unlimitable exemption to the Kings Person, but gives to all as much defence and preservation as to him, and to him as much as to thir own Persons, and no more; that is to say, in order and subordination to those maine ends for which we live and are a Nation of men joynd in society either Christian or at least human. But if the Covnant were made absolute, to preserve and defend any one whomsoever, without respect had, either to the true Religion, or those other Superiour things to be defended and preserv'd however, it cannot then be doubted, but that the Covnant was rather a most foolish, hasty, and unlawfull Vow, then a deliberate and well-waighd Covnant; swearing us into labyrinths, and repugnances, no way to be solv'd or reconcil'd, and therfore no way to be kept: as first offending against the Law of God, to Vow the absolute preservation, defence, and maintaining of one Man though in his sins and offences never so great and hainous against God or his Neighbour; and to except a Person from Justice, wheras his Law excepts none. Secondly, it offends against the Law of this Nation, wherein, as hath bin prov'd, Kings in receiving Justice, & undergoing due tryal, are not differenc'd from the meanest Subject. Lastly, it contradicts and offends against the Covnant it self, which Vows in the fourth Article to bring to op'n trial and condign punishment all those that shall be found guilty of such crimes and Delinqnencies, wherof the King by his own Letters and other undeniable testimonies not brought to light till afterward, was found and convicted to be chief actor, in what they thought him at the time of taking that Covnant, to be overrul'd onelyonly by evil Counselers. And those, or whomsoever they should discover to be principal, they vow'd to try, either by thir own supreme Judicatories, for so eev'n then they call'd them, or by others having power from them to that effect. So that to have brought the King to condign punishment hath not broke the Covnant, but it would have broke the Covnant to have sav'd him from those Judicatories, which both Nations declar'd in that Covnant to be Supreme against any person whatsoever. And besides all this, to sweare in covnant the bringing of his evil counselers and accomplices to condign punishment, and not onelyonly to leave unpunisht and untoucht the grand offender, but to receive him back againe from the accomplishment of so many violences and mischeifs, dipt from head to foot and staind over with the blood of thousands that were his faithfull subjects, forc'd to thir own defence against a civil Warr by him first rais'd upon them, and to receive him thus, in this goarie pickle, to all his dignities and honours, covering the ignominious and horrid purple-robe of innocent blood that sate so close about him, with the glorious purple of Royaltie and Supreme Rule, the reward of highest excellence and vertue here on earth, were not only to sweare and covnant the performance of an unjust Vow, the strangest and most impious to the face of God, but were the most unwise and unprudential act as to civil goverment. For so long as a King shall find by experience that doe the worst he can, his Subjects, overaw'd by the Religion of thir own Covnant, will only prosecute his evil instruments, not dare to touch his Person, and that whatever hath bin on his part offended or transgress'd, he shall come off at last with the same reverence to his Person, and the same honour as for well doing, he will not faile to finde them worke; seeking farr and neere, and inviting to his Court all the concours of evil counselers or agents that may be found: who tempted with preferments and his promise to uphold them, will hazard easily thir own heads, and the chance of ten to one but they shall prevaile at last, over men so quell'd and fitted to be slaves by the fals conceit of a Religious Covnant? And they in that Superstition neither wholly yeilding, nor to the utmost resisting, at the upshot of all thir foolish Warr and expence, will finde to have don no more but fetchd a compass only of thir miseries, ending at the same point of slavery, and in the same distractions wherin they first begun. But when Kings themselves are made as liable to punishment as thir evil counselers, it will be both as dangerous from the King himself as from his Parlament, to those that evilcounsel him, and they who else would be his readiest Agents in evil, will then not feare to disswade or to disobey him, not onelyonly in respect of themselves and thir own lives, which for his sake they would not seem to value but in respect of that danger which the King himself may incurr, whom they would seem to love and serve with greatest fidelitie. On all these grounds therfore of the covnant it self, whether religious or political, it appeares likeliest, that both the English Parlament, and the Scotch Commissioners thus interpreting the Covnant (as indeed at that time they were the best and most authentical interpreters joyn'd together) answered the King unanimously, in thir Letters dated Jan. 13th 1645. that till securitie and satisfaction first giv'n to both Kingdoms for the blood spilt, for the Irish Rebels brought over, and for the Warr in Ireland by him fomented, they could in no wise yeild thir consent to his returne. Here was satisfaction, full two yeares and upward after the Covnant tak'n, demanded of the King by both Nations in Parlament, for crimes at least Capital, wherwith they charg'd him. And what satisfaction could be giv'n for so much blood, but Justice upon him that spilt it? Till which don, they neither took themselves bound to grant him the exercise of his regal Office by any meaning of the Coynant which they then declar'd (though other meanings have bin since contriv'd) nor so much regarded the safety of his person, as to admitt of his return among them from the midst of those whom they declar'd to be his greatest enemies; nay from himself as from an actual enemy, not as from a king, they demanded security. But if the covnant all this not with standing swore otherwise to preserv him then in the preservation of true religion & our liberties, against which he fought, if not in armes, yet in resolution to his dying day, and now after death still fights against in this his book, the covnant was better brok'n, thē he sav'd. And god hath testifi'd by all propitious, & the most evident signes, whereby in these latter times he is wont to testifie what pleases him; that such a solemn, and for many Ages unexampl'd act of due punishment, was no mockery of Justice, but a most gratefull and well-pleasing Sacrifice. Neither was it to cover their perjury as he accuses, but to uncover his perjury to the Oath of his Coronation.
The rest of his discours quite forgets the Title; and turns his Meditations upon death into obloquie and bitter vehemence against his Judges and accussers; imitating therin, not our Saviour, but his Grand-mother Mary Queen of Scots, as also in the most of his other scruples, exceptions and evasions: and from whom he seems to have learnt, as it were by heart, or els by kind, that which is thought by his admirers to be the most vertuous, most manly, most Christian, and most Martyr-like both of his words and speeches heer, and of his answers and behaviour at his Tryall.
It is a sad fate, he saith, to have his Enemies both accusers, Parties, and Judges. Sad indeed, but no sufficient Plea to acquitt him from being so judg'd. For what Malefactor might not somtimes plead the like? If his own crimes have made all men his Enemies, who els can judge him? They of the Powderplot against his Father might as well have pleaded the same. Nay at the Resurrection it may as well be pleaded, that the Saints who then shall judge the World, are both Enemies, Judges, Parties, and Accusers.
So much he thinks to abound in his own defence, that he undertakes an unmeasurable task; to bespeak the singular care and protection of God over all Kings, as being the greatest Patrons of Law, Justice, Order, and Religion on Earth. But what Patrons they be, God in the Scripture oft anough hath exprest; and the earth it self hath too long groan'd under the burd'n of thir injustice, disorder, and irreligion. Therfore To bind thir Kings in Chaines, and thir Nobles with links of Iron, is an honour belonging to his Saints; not to build Babel (which was Nimrods work the first King, and the beginning of his Kingdom was Babel) but to destroy it, especially that spiritual Babel: and first to overcome those European Kings, which receive thir power, not from God, but from the beast; and are counted no better then his ten hornes. These shall hate the great Whore, and yet shall give thir Kingdoms to the Beast that carries her; they shall committ Fornication with her, and yet shall burn her with fire, and yet shall lament the fall of Babylon, where they fornicated with her. Rev. 17. & 18. chapt.
Thus shall they be too and fro, doubtfull and ambiguous in all thir doings, untill at last, joyning thir Armies with the Beast, whose power first rais'd them, they shall perish with him by the King of Kings against whom they have rebell'd; and the Foules shall eat thir flesh. This is thir doom writt'n, Rev. 19. and the utmost that we find concerning them in these latter days; which we have much more cause to beleeve, then his unwarranted Revelation here, prophecying what shall follow after his death, with the spirit of Enmity, not of Saint John.
He would fain bring us out of conceit with the good success which God hath voutsaf'd us. Wee measure not our Cause by our success, but our success by our cause. Yet certainly in a good Cause success is a good confirmation; for God hath promis'd it to good men almost in every leafe of Scripture. If it argue not for us, we are sure it argues not against us; but as much or more for us, then ill success argues for them; for to the wicked, God hath denounc'd ill success in all that they take in hand.
He hopes much of those softer tempers, as he calls them, and less advantag'd by his ruin, that thir consciences doe already gripe them. Tis true, there be a sort of moodie, hot-brain'd, and alwayes unedify'd consciences; apt to engage thir Leaders into great and dangerous affaires past retirement, and then, upon a sudden qualm and swimming of thir conscience, to betray them basely in the midst of what was chiefly undertak'n for their sakes. Let such men never meet with any faithfull Parlament to hazzard for them; never with any noble spirit to conduct and lead them out, but let them live and die in servil condition and thir scrupulous queasiness, if no instruction will confirme them. Others there be in whose consciences the loss of gaine, and those advantages they hop'd for, hath sprung a sudden leake. These are they that cry out the Covnant brok'n, and to keep it better slide back into neutrality, or joyn actually with Incendiaries and Malignants. But God hath eminently begun to punish those, first in Scotland, then in Ulster, who have provok'd him with the most hatefull kind of mockery, to break his Covnant under pretence of strictest keeping it; and hath subjected them to those Malignants, with whom they scrupl'd not to be associats. In God therfore we shall not feare what their fals fraternity can doe against us.
He seeks againe with cunning words to turn our success into our sin. But might call to mind, that the Scripture speakes of those also, who when God slew them, then sought him; yet did but flatter him with thir mouth, and ly'd to him with thir tongues; for thir heart was not right with him. And there was one, who in the time of his affliction trespass'd more against God; This was that King Abaz.
He glories much in the forgivness of his Enemies; so did his Grandmother at her death. Wise men would sooner have beleev'd him had he not so oft'n told us so. But he hopes to erect the Trophies of his charity over us. And Trophies of Charity no doubt will be as glorious as Trumpets before the almes of Hypocrites; and more especially the Trophies of such an aspiring charitie as offers in his Prayer to share Victory with Gods compassion, which is over all his works. Such Prayers as these may happly catch the People, as was intended: but how they please God, is to be much doubted, though pray'd in secret, much less writt'n to be divulg'd. Which perhaps may gaine him after death a short, contemptible, and soon fading reward; not what he aims at, to stirr the constancie and solid firmness of any wise Man, or to unsettle the conscience of any knowing Christian, if he could ever aime at a thing so hopeless, and above the genius of his Cleric elocution, but to catch the worthles approbation of an inconstant, irrational, and Image-doting rabble; that like a credulous and hapless herd, begott'n to servility, and inchanted with these popular institutes of Tyranny, subscrib'd with a new device of the Kings Picture at his praiers, hold out both thir eares with such delight and ravishment to be stigmatiz'd and board through in witness of thir own voluntary and beloved baseness. The rest, whom perhaps ignorance without malice, or some error, less then fatal, hath for the time misledd, on this side Sorcery or obduration, may find the grace and good guidance to bethink themselves, and recover.
THE END.
End of the text · John Milton, Answer to a Book (1650)