1911 Encyclopædia Britannica/Selden, John

SELDEN, JOHN (1584-1654), English jurist, legal antiquary and oriental scholar, was born on the 16th of December 1584 at Salvington, in the parish of West Tarring, Sussex. His father, also John Selden, held a small farm. It is said that his accomplishments as a violin-player gained him his wife, whose social position was somewhat superior to his own. She was Margaret, the only child of Thomas Baker of Rustington, a village in the vicinity of West Tarring, and was more or less remotely descended from a knightly family of the same name in Kent. John Selden commenced his education at the free grammar-school at Chichester, whence in 1600 he proceeded to Hart Hall, Oxford. In 1603 he was admitted a member of Clifford's Inn, London, and in 1604 migrated to the Inner Temple, and in 1612 he was called to the bar. His earliest patron was Sir Robert Cotton, the antiquary, by whom he seems to have been employed in copying and abridging certain of the parliamentary records then preserved in the Tower. For some reason which has not been explained, Selden never went into court as an advocate, save on rare and exceptional occasions. But his practice in chambers as a conveyance and consulting counsel is stated to have been large, and, if we may judge from the considerable fortune he accumulated, it must also have been lucrative.

It was, however, as a scholar and writer that Selden won his reputation both amongst his contemporaries and with posterity. His first work, an account of the civil administration of England before the Norman Conquest, is said to have been completed when he was only two- or three-and-twenty years of age. But if this was the Analecton Anglo-Britannicon, as is generally supposed, he withheld it from the world until 1615. In 161O appeared his England's Epinomis and Janus Anglorum; Facies Altera, which dealt with the progress of English law down to Henry II.; and The Duello, or Single Combat, in which he traced the history of trial by battle in England from the Norman Conquest. In 1613 he supplied a series of notes, enriched by an immense number of quotations and references, to the first eighteen cantos of Drayton's Polyolbion. In 1614 he published Titles of Honour, which, in spite of some obvious defects and omissions, has remained to the present day the most comprehensive and trustworthy work of its kind that we possess; and in 1616 his notes on Fortescue's De laudibus legum Angliae and Ralph de Hengham's Summae magna et parvo. In 1617 his De diis Syriis was issued, and immediately established his fame as an oriental scholar among the learned in all parts of Europe. It is remarkable for its brilliant use of the comparative method, in which it was far ahead of its age, and is still consulted by students of Semitic mythology. In 1618 his History of Tithes, although only published after it had been submitted to the censorship and duly licensed, nevertheless aroused the apprehension of the bishops and provoked the intervention of the king. The author was summoned before the privy council and compelled to retract his opinions, or at any rate what were held to be his opinions. Moreover, his work was suppressed and himself forbidden to reply to any of the controversialists who had come or might come forward to answer it.

This seems to have introduced Selden to the practical side of political affairs. The discontents which a few years later broke out into civil war were already forcing themselves on public attention, and it is pretty certain that, although he was not in parliament, he was the instigator and perhaps the draftsman of the memorable protestation on the rights and privileges of the House affirmed by the Commons on the 18th of December 1621. He was with several of the members committed to prison, at first in the Tower and subsequently under the charge of Sir Robert Ducie, sheriff of London. During his detention, which only lasted a short time, he occupied himself in preparing an edition of Eadmer's History from a manuscript lent to him by his host or jailor, which he published two years afterwards. In 1623 he was returned to the House of Commons for the borough of Lancaster, and sat with Coke, Noy and Pym on Sergeant Glanville's election committee. He was also nominated reader of Lyon's Inn, an office which he declined to undertake. For this the benchers of the Inner Temple, by whom he had been appointed, fined him £20 and disqualified him from being chosen one of their number. But he was relieved from this incapacity after a few years, and became a master of the bench. In the first Parliament of Charles I. (1625), it appears from the “returns of members” printed in 1878 that, contrary to the assertion of all his biographers, he had no seat. In Charles's second parliament (1626) he was elected for Great Bedwin in Wiltshire, and took a prominent part in the impeachment of George Villiers, duke of Buckingham. In the following year, in the “benevolence” case, he was counsel for Sir Edmund Hampden in the court of king's bench. In 1628 he was returned to the third parliament of Charles for Ludgershall in Wiltshire, and had a large and important share in drawing up and carrying the Petition of Right. In the session of 1629 he was one of the members mainly responsible for the tumultuous passage in the House of Commons of the resolution against the illegal levy of tonnage and poundage, and, along with Eliot, Holles, Long, Valentine, Strode, and the rest, he was sent once more to the Tower. There he remained for eight months, deprived for a part of the time of the use of books'and writing materials. He was then removed, under less rigorous conditions, to the Marshalsea, until not long afterwards owing to the good offices of Archbishop Laud he was liberated. Some years before he had been appointed steward to the earl of Kent, to whose seat, Wrest in Bedfordshire, he now retired. In 1628 at the suggestion of Sir Robert Cotton he had compiled, with the assistance of two learned coadjutors, Patrick Young and Richard James, a catalogue of the Arundel marbles. He employed his leisure at Wrest in writing De successionibus in bona defuncti secundum leges Ebraeorum and De succession in pontpicatum Ebraeorum, published in 1631. About this period he seems to have inclined towards the court rather than the popular party, and even to have secured the personal favour of the king. To him in 1635 he dedicated his Mare clausum, and under the royal patronage it was put forth as a kind of state paper. It had been written sixteen or seventeen years before; but James I. had prohibited its publication for political reasons; hence it appeared a quarter of a century after Grotius's Mare liberum, to which it was intended to be a rejoinder, and the pretensions advanced in which on behalf of the Dutch fishermen to poach in the waters off the British coasts it was its purpose to explode. The fact that Selden was not retained in the great case of ship money in 1637 by John Hampden, the cousin of his former client, may be accepted as additional evidence that his zeal in the popular cause wasnot so warm and unsuspected as it had once been. During the progress of this momentous constitutional conflict, indeed, he seems to have been absorbed in his oriental researches, publishing De jure naturali et gentium juxta disciplinam Ebraeorum in 1640. He was not elected to the Short Parliament of 1640; but to the Long Parliament, summoned in the autumn, he was returned without opposition for the university of Oxford. He opposed the resolution against episcopacy which led to the exclusion of the bishops from the House of Lords, and printed an answer to the arguments used by Sir Harbottle Grimston on that occasion. He joined in the protestation of the Commons for the maintenance of the Protestant religion according to the doctrines of the Church of England, the authority of the crown, and the liberty of the subject. He was equally opposed to the court on the question of the commissions of lieutenancy of array and to the parliament on the question of the militia ordinance. In 1643 he participated in the discussions of the assembly of divines at Westminster, and was appointed shortly afterwards keeper of the rolls and records in the Tower. In 1645 he was named one of the parliamentary commissioners of the admiralty, and was elected master of Trinity Hall in Cambridge—an office he declined to accept. In 1646 he subscribed the Solemn League and Covenant, and in 1647 was voted £5000 by the parliament as compensation for his sufferings in the evil days of the monarchy. He had not, however, relaxed his literary exertions during these years. He published in 1642 Privileges of the Baronage of England when they sit in Parliament and Discourse concerning the Rights and Privileges of the Subject; in 1644, Dissertatio de anno civili et calendario reipublicae Judaicae; in 1646 his treatise on marriage and divorce among the Jews entitled U xor Ebraica; and in 1647 the earliest printed edition of the old English law-book Fleta. In 1650 Selden passed the first part of De synedriis et prefectures juridic is veterum Ebraeorum through the press, the second and third parts being severally published in 1653 and 1655, and in 1652 he wrote a preface and collated some of the manuscripts for Sir Roger Twysden's Historiae Anglicae scriptores decem. His last publication was a vindication of himself from certain charges advanced against him and his Mare clausum in 1653 by Theodore Graswinckel, a Dutch jurist.

After the death of the earl of Kent in 1639 Selden lived permanently under the same roof with his widow. It is believed that he was married to her, although their marriage does not seem to have ever been publicly acknowledged. He died at Friary House in Whitefriars on the 30th of November 1654, and was buried in the Temple Church, London. In 1880 a brass tablet was erected to his memory by the benchers of the Inner Temple in the parish church of West Tarring.

Several of Selden's minor productions were printed for the first time after his death, 'and a collective edition of his writings was published by Archdeacon Wilkins in 3 vols. folio in 1725, and again in 1726. His Table Talk, by which he is perhaps best known, did not appear until 1689. It was edited by his amanuensis, Richard Milward, who affirms that “the sense and notion is wholly Selden's," and that “most of the words" are his also. Its genuineness has sometimes been questioned, although on insufficient grounds.

See Wood's Athenae Oxonienses, ed. Bliss (London; 1817, 4 vols.); Aikin, Lives of John Selden and Archbishop Usher (London, 1812); Johnson, Memoirs of John Selden, &c. (London, 1835); Singer, Table Talk of John Selden (London, 1847); and Wilkins, Johannis Seldeni opera omnia, &c. (London, 1725).