John SeldenPub Date : 2021-06-17DOI: 10.1093/oso/9780192842923.003.0004
J. Rosenblatt
{"title":"Selden and Milton on Family Law","authors":"J. Rosenblatt","doi":"10.1093/oso/9780192842923.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780192842923.003.0004","url":null,"abstract":"This chapter discusses the relationship between Selden and Milton on family law. Like that of the first family in paradise, it may be mutual, although not equal. Milton drew on Selden’s scholarship for his ideas about concubinage, polygamy, the church’s meddling in marriage, and especially divorce. But Selden’s ownership of two Miltonic treatises on divorce, Tetrachordon and Colasterion (1645), both of them presumably acquired while he was writing Uxor Ebraica (1646), complicates the question of influence and suggests a possible reverse motion of spirit. The chapter begins by describing some of the differences between Selden’s two discussions of family law, both cited by Milton, the primordial, universal, natural law in De Jure Naturali et Gentium and the civil law of the Jews in Uxor Ebraica. Various hints—seedlings—in Milton’s Tetrachordon might have germinated in Selden’s mind to become the majestic flowering plant that occupies the four full chapters (3.20–3) of Uxor Ebraica devoted to the key phrases on divorce in Deuteronomy 24:1 and Matthew 5:32. Milton expanded the meaning of the Bible’s word fornication to include non-sexual sins or defects. Selden, relying mainly on the Talmud, would have retrojected Miltonic ideas into the debate over divorce that he established as occurring in the first century BCE.","PeriodicalId":149944,"journal":{"name":"John Selden","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123362731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
John SeldenPub Date : 2021-06-17DOI: 10.1093/oso/9780192842923.003.0007
J. Rosenblatt
{"title":"Conclusion","authors":"J. Rosenblatt","doi":"10.1093/oso/9780192842923.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780192842923.003.0007","url":null,"abstract":"This draws conclusions based on John Selden’s acceptance of the Talmud as an authoritative source. His many references to Jewish ancestral custom and opinion reveal his understanding that ancient Talmudic traditions exist independent of the Bible, and of course these include the Adamic/Noachide laws. Despite its dubious historicity, Selden accepts the tradition of a seamless transmission of judicial authority in both sacred and civil issues from Moses to the time of the synedrion, which he regards as a model for Parliament. He regards the sages of the Talmud as legal scholars rather than as religious figures. In the fierce debates in the Westminster Assembly over Deuteronomy 17:8–10, the Presbyterians read the text literally, which gave priority in adjudication to the clergy, while Erastians like Selden followed the rabbinic interpretation, which favored those who were skilled in the law. The conclusion tries to explain why both Selden and Milton (at least in his divorce treatises and in the middle books of Paradise Lost) relied on simile and analogy rather than metaphor and typology. Milton would have found everything he needed to create the laws of paradise in Selden’s De Jure\u0000 Naturali et Gentium, with its thousands of marginal references and its method of giving a fair hearing to all opinions.","PeriodicalId":149944,"journal":{"name":"John Selden","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130288685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
John SeldenPub Date : 2021-06-17DOI: 10.1093/oso/9780192842923.003.0003
J. Rosenblatt
{"title":"Selden and Milton on the Bible","authors":"J. Rosenblatt","doi":"10.1093/oso/9780192842923.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780192842923.003.0003","url":null,"abstract":"The Bible provides the scope for Selden and Milton to display their brilliance: one as a great scholar boldly following his vision of the truth wherever it leads, the other as a creative genius finally overcoming his strong precursor, the King James Bible, to become the supreme poet of the hexaëmeron. Selden focuses his biblical Hebraic and post-biblical rabbinic scholarship on New Testament passages, offering immensely learned and sometimes startlingly original readings of the Apostolic Decree (Acts 15:20, 29; and 21:25) and four events in the life of Jesus: his rebuke of the Jews regarding korban (Mark 7:9–12); his pronouncement that “the truth shall make you free” (John 8:31–2; his driving the money-changers from the temple (John 2:13–17); and his trial (Matt. 26:63–6). If God is Milton’s father, and his scriptural word is the strongest of all precursor texts, then the King James Bible is the most intimidating version of that text. Milton’s marginal Hebrew substitutions for the KJB Psalm translations (1648) reveal anxiety and defensiveness. But the creation account in book 7 of Paradise Lost compresses the verses of Genesis 1, reducing them to their constituent elements and then outdoing them with the energy and magnificence of his interlinear poetic commentary. The poet’s anxiety-free transcendence of the KJB in book 7 can be seen as part of a general sense of joyous creativity.","PeriodicalId":149944,"journal":{"name":"John Selden","volume":"74 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114010152","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
John SeldenPub Date : 2021-06-17DOI: 10.1093/oso/9780192842923.003.0002
J. Rosenblatt
{"title":"Synthesizing Imaginations","authors":"J. Rosenblatt","doi":"10.1093/oso/9780192842923.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780192842923.003.0002","url":null,"abstract":"Milton’s engagement with Selden’s natural law theory is a factor in the transformation that occurs between his earlier anti-prelatical tracts and the later treatises on divorce, freedom of the press, and the citizens’ right to depose any ruler. In his poetry, despite his Christian doctrinal preference, Milton’s non-hierarchical aesthetic attests to the amplitude of his vision. This derives in part from his exposure to Selden’s method of giving a fair hearing to all his pagan, Christian, Jewish, and Muslim sources. But the same passage in the Areopagitica that demonstrates Selden’s influence becomes, in the latter part of the chapter, a point of entry into the different ways that a scholar and a poet-polemicist view the same object. Selden recognizes the importance of mediated experience, whether scientifically, through a telescope, or religiously, through tradition. Milton distrusts “the glass of Galileo, less assured,” and believes only in sola scriptura and immediate experience.","PeriodicalId":149944,"journal":{"name":"John Selden","volume":"2003 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125780999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
John SeldenPub Date : 2021-06-17DOI: 10.1093/oso/9780192842923.003.0006
J. Rosenblatt
{"title":"Making Law and Recording It: Part II","authors":"J. Rosenblatt","doi":"10.1093/oso/9780192842923.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780192842923.003.0006","url":null,"abstract":"John Selden’s historico-philological approach tends to prove that religious authority has its origins in civil institutions and their legal procedures, and to that extent his “literary” (philological) encounter with ancient texts helps determine the nature of law. Selden was an active member of the Long Parliament, chairing or serving on many committees, but there are very few transcripts of his speeches and none of his debates on the floor of the House of Commons. His only surviving debates from that decade took place in the Westminster Assembly of Divines, to which he was appointed by Parliament as a lay member. That makes them especially valuable. Even so, many of the transcripts are so lacunose that they are indecipherable as they appear in those volumes. This chapter is devoted to filling in the gaps and making the speeches coherent by finding their contexts in Selden’s scholarly works.","PeriodicalId":149944,"journal":{"name":"John Selden","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126824299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
John SeldenPub Date : 2021-06-17DOI: 10.1093/oso/9780192842923.003.0005
J. Rosenblatt
{"title":"Making Law and Recording It: Part I","authors":"J. Rosenblatt","doi":"10.1093/oso/9780192842923.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780192842923.003.0005","url":null,"abstract":"This chapter analyzes Selden’s contribution to the struggle to define the reach of ecclesiastical jurisdiction in the mid-1640s, as Presbyterians in the Westminster Assembly of Divines fought to have the power to exclude the “ignorant” and “scandalous” from communion. For Selden, the issue of excommunication turned—as it had in his handling of the topic of an ecclesiastical right to tithes—on the question of whether the clergy’s authority was God-given or man-made. The final section of the chapter suggests that Milton’s position on excommunication can only be indirectly inferred from his writings—in particular from his poem “On the New Forcers of Conscience,” which explicitly attacks the Assembly on plurality and the grouping of English churches in classes. Selden acknowledged that the expulsion of Adam and Eve from paradise might be construed as an “excommunication,” a cursing or anathemata. But Milton, who would become the great English poet of exile, failed to take the imaginative leap that would connect exile with excommunication.","PeriodicalId":149944,"journal":{"name":"John Selden","volume":"43 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120911865","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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