John Selden

the glory of the English Nation as Hugh Grotius worthily stiles him, Son of John Selden, by Margaret his Wife, the only Daughter of Thomas Baker of Rushington, (descended from the knightly family of the Bakers in Kent) was born in an obscure Village called Salvinton near to Terring a Market town in Sussex. His Father (who died in 1617) was a sufficient Plebeian, and delighted much in Musick, by the exercising of which, he obtained (as ’tis said) his Wife, of whom our famous Author Jo. Selden was born on the 16 of Decemb. 1584. After he had been instructed in Grammar Learning in the Free-school at Chichester under Mr. Hugh Barker of New College, he was by his care and advice sent to Hart Hall, in the beginning of Mich. term, an. 1600, and committed to the tuition of Mr. Anth. Barker Fellow of the aforesaid Coll. under whom being instructed in Logick and Philosophy for about three years, (which with great facility he conquered) he was transplanted to the Inner Temple to make proficiency in the municipal Laws of the Nation. After he had continued there a sedulous Student for some time, he did by the help of a strong body and vast memory, not only run through the whole body of the Law, but became a prodigie in most parts of learning, especially in those which were not common, or little frequented or regarded by the generality of Students of his time. So that in few years his name was wonderfully advanced, not only at home, but in foreign Countries, and was usually stiled the great Dictator of Learning of the English Nation. The truth is his great parts did not live within a small ambit, but traced out the Latitudes of Arts and Languages, as it appears by those many books he hath published. He had great skill in the divine and humane Laws; he was a great Philologist, Antiquary, Herald, Linguist, Statesman and what not. His natural and artificial memory was exact, yet his fancy slow, notwithstanding he made several sallies into the faculties of Poetry and Oratory to ease his severer thoughts and smooth his rough stile, which he mostly used in the Books by him published in Latine. The verses that he wrot, scatter’d in various books, were in Latine and English, and sometimes in Greek, and was thereupon numbred among our Poets: which perhaps may be the reason why he is brought ((a))((a)) Sir Joh. Suckling in his Fragmenta aurea, or Poems Lond. 1648. in oct. p. 7. into the Session of them, thus.

There was Selden and he sate close by the Chaire,

Wainman not far off, which was very faire.

He seldom or never appeared publickly at the Bar, (tho a Bencher) but gave sometimes Chamber-Counsel, and was good at conveyance. He was chosen a Burgess for several Parliaments, wherein he shewed himself profound by speeches and debates, yet mostly an enemy to the Prerogative. The first Parliament he appeared in, was that which began at Westm. 19. Feb. 1623. wherein he served for the Burrough of Lancaster: And in another which began 6. Feb. 1625. he served for Bedwin in Wilts, and was a constant member in all or most Parliaments following, during the Reign of K. Ch. 1. But that, in which he became most noted, was held in the beginning of 1628; wherein for contemptuous and seditious words then uttered, he was imprisoned for several months to the great regret of his fellow Members. He was a Burgess also of that unhappy Parliament that began at Westm. 3. Novemb. 1640, which breaking forth into a rebellion, Selden adhered to it, and accepted from the members thereof a Commission to do them service. In 1643, he was one of those Lay-men that were appointed to sit in the Assembly of Divines, at which time he took the Covenant, and silenced and puzled the great Theologists thereof in their respective Meetings. In Nov. the same year he was appointed by Parliament Chief Keeper of the Rolls and Records in the Tower of London, and on the 15. of Apr. 1645, he was one of the 12 Commoners appointed to be a Commissioner of the Admiralty. In Jan. 1646 it was voted that 5000 l. should be given to him for his sufferings that he endured, for what he had said or done in Parliament, an. 1628, which money was paid in May following, tho some there are that say that he refused, and could not out of conscience take it; and add, that his mind was as great as his learning, full of generosity, and harbouring nothing that seemed base. He got his great knowledge in the Oriental Languages after he fell to the study of the Law, wherein arriving to eminence, as in other Learning, he is oftentimes mention’d not only by learned Authors of our own Nation, but by Foreigners. He had a very choice Library of Books, as well Mss. as printed, in the beginning of all or most of which he wrot either in the title, or leaf before it, 〈 in non-Latin alphabet 〉 : Above all liberty, to shew, that he would examine things, and not take them upon trust. His works are these,

Original of a Duel or single combate. Lond. 1610. qu.

Jani Anglorum facies altera. Lond. 1610. oct. rendred into English, with large notes on it, by Redman Westcot (alias Adam Littleton) Gent.—Lond. 1683. fol.

Notes and Illustrations on the first eighteen Songs in Mich. Draytons Poly-olbion. Lond. 1612. fol. The second part of this Poly-olbion was printed at Lond. in 1622, but without any notes or illustrations.

Titles of honour. Lond. 1614. in qu. There again in 1631 and 1671. fol. This book is in great esteem with Lay-Gentlemen.

Analect 〈 in non-Latin alphabet 〉 Anglo-Britannic 〈 in non-Latin alphabet 〉 &c. lib. 2. Francof. 1615. qu. &c.

Notes on Joh. Fortescue de laudibus legum Angliae. Lond. 1616. oct &c. Which book having been before translated into English by Rob. Mulcaster a Lawyer, had notes then put to it by our Author Selden.

Notes on the sums of Sir Ralph Hengham L. Ch. Justice to K. Ed. 1.—These are printed with the former notes. This Sir Ralph died 1308 and was buried in the Cath. Ch. of S. Paul within the City of London.

De Diis Syris Syntagmata duo. Lond. 1617. corrected and amended, with additions of copious indices thereunto, by M. Andr. Beyer.—Lugd. Bat. 1629. in oct. Lips. 1672. Amst. 1680. in oct.

History of Tithes. Lond. 1618. qu. In the preface, the Author reproaches the Clergy with ignorance and laziness, and upbraids them with having nothing to keep up their credit but beard, title and habit; and that their studies reached no farther, then the Breviary, the Postills and Polyanthea. But the best of the Clergy being provoked by those expressions, he was so effectually answer’d by Tillesley of Oxon, Rich. Montague and Steph. Nettles of Cambridge, that he never came off in any of his undertakings with more loss of credit. There were Arguments about tithes, written against it by Will. Sclater (of Cambridge) and printed 1623. qu. but such I have not yet seen. Soon after Mr. Selden had published his History, he was called before the High Commission about the 22 of Dec. 1618. and forced to make a publick acknowledgment of his error and offence given unto the Church in the said book. Which usage sunk so deep into his stomack, that he did never after effect the Bishops and Clergy, or cordially approve their calling, tho many ways were tried to gain him to the Churches interest. The said Book or History was reprinted in 1680 in qu. with the old date put to it; at which time the press and fanatical Party were too much at liberty, occasion’d by the Popish Plot. Whereupon Dr. Thom. Comber answer’d it in a book intit. An historical vindication of the Divine right of Tithes, &c. Lond. 1681. qu.

Spicilegium in Edmeari 6 libros Historiarum. Lond. 1623. fol. Which book is much commended by Antiquaries and Criticks.

Marmora Arundelliana cum aliquot inscriptionibus veteris Latii. Lond. 1628. in qu. Involved into Marmora Oxoniensia, publish’d by Humph. Prideaux M. A. and Student of Ch. Ch. now Prebendary of Norwych.

Mare clausum: seu de dominio maris, lib. 2. Lond. 1635. fol. &c. First written as ’tis ((b))((b)) See in Pet. Heylyns book intit. The History of the life and death of Dr. Will. Laud Archb. of Canterbury, lib. 4. sub an. 1636. said in the Reign of K. Jam. 1. in answer to a book published by Hugo Grotius called Mare liberum. But the Author Selden stomaching the submission and acknowledgment which he was forced to make in the High Commission for his book of Tithes, as I have before told you, did not only suppress his Mare clausum, which he had written in the Kings defence, but carried an evil eye to the Court and Church for a long time after. But being a man of parts, and eminent in the retired Walks of Learning, he was looked upon as a person worth the gaining. Whereupon Dr. Laud Archb. of Cant. took upon him to do, and at last effected, it; and to shew what great esteem his Maj. and the Archb. had for the book then lately published, Sir Will. Beecher one of the Clerks of the Council was sent with a copy of it to the Barons of the Exchequer in the open Court, an. 1636, to be by them laid up as a most inestimable Jewel among the choice Records, which concerned the Crown. In this book he did not only assert the Sovereignty or dominion of the British Seas to the Crown of England, but clearly proved, by constant and continual practice, that the Kings of England used to levy money from the Subjects (without help of Parliament) for the providing of Ships and other Necessaries to maintain that Sovereignty, which did of right belong unto them. This he brings home to the time of King Hen. 2. and might have brought it nearer to his own times had he been so pleased, and thereby paved a plain way to the payment of Ship-money, but then he must have thwarted the proceedings of the House of Commons in the Parliament going before, (wherein he had been a great Stickler) voting down under a kind of Anathema the Kings pretensions of right to all help from the Subject, either in Tonage or Poundage, or any other ways whatsoever, the Parliament not co-operating and contributing towards it. But howsoever it was, the Service was as grateful, as the Author acceptable from thenceforth, both a frequent and welcome guest at Lambeth house, where he was grown into such esteem with the Archbishop, that he might have chose his own preferment in the Court (as it was then generally believed) had he not undervalued all other Employments in respect of his Studies. But possibly there might be some other reason (as my ((c))((c)) Ibid. Author saith) for his declining such Employments as the Court might offer. He had not yet forgotten the Affronts which were put upon him about the Hist. of Tithes (for in the notion of Affronts he beheld them always) and therefore he did but make fair weather for the time, till he could have an opportunity to revenge himself on the Church and Churchmen, the King being took into the reckoning. For no sooner did the Archb. begin to sink in power and credit, under the first pressures of the Long Parliament, but he published a book in Greek and Lat. by the name of Eutychius, with some notes upon it; in which he made it his chief business to prove that Bishops did not otherwise differ from the rest of the Presbyterrs, than doth a Master of a College from the Fellows thereof, and so by consequence that they differ’d only in degree, not order. And afterwards when his Majesty began to decline in the love of the Parliament, and that the heats grew strong between them, he was affirmed to have written An answer to his Majesties Declaration about the Commission of Array, which in effect proved a plain putting of the sword into the hands of the people. So hard it is for any one to discern the hearts of men by their outward actions, but the God that made them. But now let’s proceed to the other books that our learned Author hath written.

De successionibus in Bona Defuncti secundum leges Hebraeorum. Lond. 1631. 36. Lugd. Bat. 1638. oct. Franc. ad Oderam 1673. qu.

De successione in Pontificatum Hebraeorum. lib. duo. This is printed, and goes with the former book.

De jure naturali & gentium juxta disciplinam Hebraeorum. lib. 7. Lond. 1640. fol. Argentor. 1665. qu.

Brief discourse concerning the power of Peers, and Commons of Parliament in point of Judicature. Lond. 1640. in two sh. in qu. Written either by Selden, or by Sir Simonds D’ewes Kt. and Baronet.

Answer to Harbottle Grimston’s Argument concerning Bishops. Lond. 1641. qu.

Discourse concerning the Rights and Privileges of the Subjects, in a conference desired by the Lords, and had by a Committee of both Houses, an. 1628. Lond. 1642. in qu.

Privileges of the Baronage of England when they sit in Parliament. Lond. 1642. in oct.

Versio & comment. ad Eutychii Ecclesiae Alexandrinae Origines. Lond. 1642. in qu. To which are added the said Eutychius his Annals, with Comments thereon by Edw. Pocock of C. C. Coll. Oxon.

De anno civili & calendario judaico. Lond. 1644. qu. Lugd. Bat. 1683. oct.

Uxor Hebraica, sive de nuptiis ac divortiis. lib. 3. Lond. 1646. Franc. ad od. 1673. qu.

Fleta, seu comment. juris Anglicani sic nuncupatus. Lond. 1647. qu.

Tractatus Gallicanus fet assavoir dictus de agendi excipiendique formulis.

Dissertatio historica ad Fletam. These two last are printed, and go with, Fleta.

Prefatio ad Historiae Anglicanae scriptores decem. Lond. 1652. fol.

De Synedriis & Praefecturis veterum Hebraeorum. lib. 3. Lond. 1650. qu. Amst. 1679. qu. Which last Edition had divers corrections made to purge out the errors of the former, by reason of the many languages (20 in number) therein.

Vindiciae secundum integritatem existimationis suae per convitium de scriptione Maris clausi. Lond. 1653. qu. In which are many things said of himself.

God made man. A Tract proving the Nativity of our Saviour to be on the 25 of December. Lond. 1661. oct. with the Authors picture before it. This posthumous book was answer’d in the first Postscript after a book intit. A brief (but true) account of the certain year, month, day and minute of the birth of Jesus Christ. Lond. 1671. oct. written by John Butler Bach. of Div. Chapl. to James Duke of Ormond, and Rector of Liechborow in the dioc. of Peterborough. The second Postscript is against Mich. Seneschal D. D. his tract on the same subject. This Butler, whom I take to be a Cambridge man, is a great Pretender to Astrology, and hath lately some sharp debates in print, in reference thereunto, with Dr. Hen. More of the same University.

Discourse of the Office of Lord Chancellour of England. Lond. 167 [•] . fol. To which is added W. Dugdales Cat. of Lord Chanc. and L. Keepers of England from the Norman Conquest.

Of the Judicature of Parliaments: wherein the Controversies and Precedents belonging to the Title are methodically handled. Lond. 1681. oct.

Englands Epinomis.

Of the original of ecclesiastical Jurisdiction of Testaments.

Of the disposition or administration of Intestates goods. These three last were published by Redman Westcot before mention’d, with the English Translation of Jani Anglorum, &c. Lond. 1683. fol. Under his name is also published,

Table-talke. being the discourses or his sense of various matters of weight and high consequence, relating especially to Religion and State. Lond. 1689. qu. published by Rich. Milward who had observed his discourses for 20 years together.

Letters to learned men—Among which are several to the learned and godly Dr. Usher Primate of Ireland, as at the end of his life printed in fol. you may see.

Speeches, Arguments, Debates, &c. in Parliament.—He also had a great hand in, and gave directions and advice towards, that Edition of Plutarchs Lives, printed 1657, with an addition of the year of the World, and the year of our Lord, together with many chronological notes and explanations out of divers Authors. He left behind him also divers MSS. of his own writing, (some of which are since published, as before you may see) among these are, (1) The life of Rog. Bacon. (2) Collections of many Records and Antiquities. (3) Collection of Notes and Records of various Subjects, marked with M. (4) Extracts out of the leiger books of Battel, Evesham, Winton, &c. (5) Vindication of his history of Tithes. This last I once saw in the library of MSS. belonging to his Godson named Joh. Vincent, son of August. Vincent sometimes Windsore Herald, but where it is now I cannot tell. At length after this great light of our Nation had lived to about the age of man, was extinguished at Lond. on the last of Nov. being S. Andr. day, in sixteen hundred fifty and four,1654. in the large house called the Carmelite or White Fryers, then belonging to Elizabeth the Countess Dowager of Henry Earl of Kent, (whose estate he, for several years, had managed and commanded, which was the reason he died very wealthy) whereupon on Thursday the 14 of Decemb. following, he was magnificently buried in the Temple Church, on the south side of the round walk, in the presence of all the Judges, some of the Parl. men, Benchers and great Officers. His grave was nine foot deep at least, the bottom pav’d with bricks and walled about two foot high, with grey marble coarsly polished, each piece being yoated (that is fastned with lead molted in) with iron champs. Into this repository was the Corps in a woodden Coffin, covered with a black cloth, let down with a pulley or engine. Which being done, a stone of black polish’d marble six inches thick was let down also and made fast to the top of the repository with champs of iron yoated in, to the end that in future ages, when graves are dug there, it might not be remov’d. Upon the said marble stone was this engraven Hic inhumatur corpus Johannis Seldeni, or to that effect. Over the said sepulchre and stone was turned over, or made, an arch of brick, the diameter being about three foot, and above was left room to bury other bodies in future time. On the surface of the earth, even with the pavement of the Church, was soon after laid a plain marble with the Bakers Arms engraven thereon, and this Inscription, Johannes Seldenus J. C. heic situs est. Over which, in the wall, was fastned a white marble table, and thereon an Epitaph made by himself: a copy of which, with encomiastical Verses (under his printed picture) made by Dr. Ger. Langbaine, you may see in Hist. & Antiq. Univ. Oxon, lib. 2. p. 350. The learned Usher Primate of Ireland, preached his funeral Sermon but did not, or could not, say much of his sound Principles in Religion. Mr. Ric. Johnson Master of the Temple buried him according to the Directory, and said in his Speech, with reference to the saying of a learned man, that When a learned man dies, a great deal of Learning dies with him, and added, that if Learning could have kept a man alive, our brother had not died. But notwithstanding the said Usher’s silence concerning our Author’s Religion, Sir Matth. Hale, one of his Executors, hath often ((a))((a)) See Mr. R. Baxter’s book intit. Additional notes on the life and death of Sir Math. Hale.—Lond. 1682. in oct. p. 40. profess’d that Selden was a resolved serious Christian, and that he was a great Adversary to Hobbes of Malmesbury his Errours; and that he had seen him openly oppose him so earnestly, as either to depart from him, or drive him out of the room, &c.