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Book Review
Paul Christianson, Discourse in History, Law and Governance in the
Public Career of John Selden, 1610-1635, Toronto: University of Toronto
Press, 1996. Pp. xiv + 451. $65.00 (ISBN 0-8020-0838-0).
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How do you write the intellectual biography
of a polymath? John Selden was one of the most vicariously learned
men in a learned age, second in range perhaps only to Francis Bacon,
although perhaps also to a small number of unwise men who combined
classical and biblical learning with the exploration of necromancy
and other lengthy pseudo-scientific cul-de-sacs. Selden was one
of the greater common lawyers of his time, second in reputation
(then and now) only to Sir Edward Coke. He combined his deep knowledge
of English law and its processes with an equal grasp of Roman law
and its many developments in the civil law systems of Latin Christendom
(including canon law) and with an unrivaled understanding of the
law and legal systems of ancient Israel. He was also at the forefront
of much of what we might term Jacobean neo-historicism, a purposive
antiquarianism with a sophisticated hermeneutic of change. He was
a formidable philologist, and much of his writings explored, worked
with, the etymology of words. He knew all the biblical and classical
languages and the most important European languages of his day. |
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No wonder there has never been a full-length
biography of Selden, although aspects of his life and career are
discussed in more than sixty works (according to The Royal Historical
Society Bibliography on CD-ROM [Oxford University Press, 1998]).
David Berkowitz wrote a doctoral dissertation in 1946 on "Young
Mr Selden" and in 1988 he published his study of John Selden's
Formative Years (to 1629). He spent forty-five years trying
to read everything that Selden read in order to make sense of Selden's
interaction with his reading. Sadly the book appealed only to polymaths. |
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Paul Christianson's
response to the challenge is not to read what Selden read,
but to read about all the things that Selden was reacting to within
his own political culture. He evaluates Selden's achievement by
comparing his writing with the writings of his contemporaries, especially
with the writings he engaged with in his own work. This is a "horizontal"
reading of Selden (a study of the mental world he inhabited and
of what it was that made him write what and how he did) rather than
a vertical one (a study that filters off the dross of the contingent
from the residual gold of enduring legacy).
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Christianson has been writing about
Selden for about fifteen years and some five articles have whetted
our appetite for this study. But this is a very great deal more
than a collection of these essays. It is a study of a man at the
center of many of the toughest intellectual debates of the early
Stuart period as thinker and actor, and a man who defies most of
the categorizations. He was twice imprisoned in the 1620s for his
"opposition" in Parliament to the king's policies and to his ministers;
but his learning was also put at the Crown's disposalnot least
in the last of the great works here considered, the Mare Clausum
of 1635, a defense in international law of the principle of dominion
on the high seas and the historical exercise by British kings of
dominion of the seas around the island of Britain. He was a profoundly
anticlerical friend of that most clericalist of archbishops, William
Laud. His history was admired by lawyers and his legal knowledge
revered by historians. |
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All
this is brilliantly captured by Christianson. His background is
in religious history and in radical religious discourse (as in his
first book, Reformers and Babylon: English Apocalyptic Visions
from the Reformation to the Eve of the Civil War, Toronto, 1978);
and he has also written influentially about aristocratic political
culture, anticipating the revisionist revolt in early Stuart studies
in a number of powerful synoptic articles. This background has ensured
that when he came to write about the political science of the periodwhat
he prefers to call the study of governancehe was at
once more familiar with the workings of the political system and
of the various discourses in which debate about governance was conducted
than most of the other writers who have written about the "political
thought" and "legal thought" (two very different approaches) of
the period 1603-40. He is, in a modest way, a mini-polymath of his
own. He therefore respects both the self-sufficiency of the common
law discourse of the period and is aware of how men like Selden
worked both within it and from it into adjacent discourses.
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This book, with its forbiddingly accurate
title (and note the cut-off pointalmost twenty years before
Selden's death), is a masterly account of an eclecticism grounded
in law but not confined to it. It offers the best currently available
published accounts of Selden's writings on the Ancient Constitution
(Jani Anglorum), The History of Tithes, the contrasting
1614 and 1631 editions of Titles of Honour, an annotated
edition of Fortescue's De Laudibus Legum Angliae, and the
Mare Clausum. But even more impressive is Christianson's
discussion of Selden's political career in the 1620s and his subsequent
imprisonment for sedition. This involves him in a detailed examination
of his close involvement in many fierce debates about parliamentary
privilege and most of the parliamentary challenges of the 1620s
to the royal definition of discretionary power. Christianson manages
in the course of his close reading of the fragmentary records to
be at once revisionist and able to demonstrate how men who respected
one another's minds could still differ profoundly. This is a study
of how cosmopolitan reading could produce deeply held differences
about how the past shaped the political possibilities of the present
and how they created different patterns of hope and fear about the
political future. This rich, intelligent, articulate book is essential
reading for all who are willing to engage in a necessarily complex
tale about a group of able men, each convinced that he was the key
to crossing a minefield and who had to persuade colleagues (all
with their own strong ideas about how to do so) to follow his route
as the only safe one. I for one am exhilarated as well as much better
informed for having joined him in the adventure. |
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John Morrill
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Selwyn College, Cambridge
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