Illicit concubinage. 5. Theft. 6. Eating flesh severed from a living animal. 7. Judicial proceedings and civil obedience.

Under these heads is given a digest of all the laws embracing the civil and religious polity of the Jews, distinguishing that part of it which belongs to the universal law, from that which is national or municipal. In an introductory book he details the Hebrew philosophy, and the sources of natural law, according to the Jewish writers, particularly considering the supposed origin and authority of the Noachide precepts.

It is evident from this outline, that the work is to be regarded as historical rather than philosophical, and therefore, although Le Clerc's opinion of it may be well founded, it does not follow that Selden is censurable for not having performed what he did not attempt. That critic says, "Selden only copies the Rabbins, and scarcely ever reasons. His rabbinical principles are founded upon an uncertain supposition of the Jewish tradition, that God gave to Noah seven precepts, which all the human race was to observe. If this were denied the Jews would be much at a loss to prove it. Moreover his ideas are very imperfect and embarrassed." In answer to this it may be observed, that as it was Selden's professed object to exhibit Jewish law as laid down by the Jewish writers themselves, he was in some measure constrained to follow their method, and certainly to deliver faithfully their laws and opinions. Besides no one can deny that Selden has made

his work a valuable repertory of all that history or tradition informs us concerning the Hebrew institutions before and after the Mosaic dispensation. On which account it has been much commended by learned men both at home and abroad, and it made a large addition to the reputation he already possessed for indefatigable industry and profound erudition. An abridgment of this work was published by J. F. Buddous, professor of philosophy at Halle in 1695*.

* Aikin's Life of Selden, 108.

CHAPTER IX.

THE MODERATE PARTY.-KING RASH IN HIS CONDUCT.-PARLIAMENT ACT ILLEGALLY.-KING ATTEMPTS TO SEIZE FIVE OF THE MEMBERS IN THE HOUSE.-STRENGTHENS THE OPPOSITION.SELDEN REFUSES THE LORD KEEPERSHIP.-BREACH BETWEEN THE KING AND THE PARLIAMENT WIDENS.-CIVIL WAR COMMENCES.SELDEN'S STRENUOUS OPPOSITION TO AN APPEAL TO ARMS.EPISCOPACY AND PRESBYTERIAL CHURCH GOVERNMENT.-SEL

DEN'S TRANSLATION FROM EUTYCHIUS.-NOT OPPOSED TO EPISCOPACY.

THE moderate party in the parliament, which in this country always eventually prevails, was unfortunately weak in numbers, but was gradually increasing. Their just fundamental principle was well expressed by a barrister named Smith, who was one of their number, when he warned the House of Commons that "prerogative and liberty are both necessary to the kingdom, and, like the sun and moon, give a lustre to the nation so long as they walk at their equal distances, but when one of them ventures within the other's orbit, like those planets in conjunction they then cause a deeper eclipse.'

To this band of genuine patriots Selden belonged, and it is gratifying to observe, that even in the hostile collision that was proceeding between the extreme parties, he was enabled occasionally to secure respect to the rules

of justice and to legal authorities. Thus, when it was debated whether the pay of certain officers, suspected of plotting against the parliament, should cease, Selden successfully reminded the House, that there was no judgment, or even charge passed against them, therefore they could not have incurred a forfeiture*.

This influence of the moderate party, and the natural results of a continued progress in a course of reformation, gradually reduced the strength of the partisans of extreme change. The predominance of political reformers in general, must be of temporary duration. Time always reduces their numbers, until their party becomes a minority. Some will desert them because they act too rashly; others will withdraw their support because they

* Sir Edward Nicholas, Secretary of State to Charles the First, in a private letter to this monarch, dated August, 1641, speaks more particularly of this transaction. He says, " Yesterday the Commons ordered that the pay of Colonels Wilmot, Ashburnham, and the rest of the soldiers that are questioned in parliament, shall be sequestered until their business shall be heard and adjudged. And upon the discourse of that business, Mr. Selden did then deliver his opinion with much confidence, that by the act of oblivion, Mr. Percy and Mr. Jermyn, and all the rest that are questioned with them, are freed and pardoned, which he argued so strongly out of the words of that act, as the sages of the House who oppugned his opinion did not give any reasonable answer to. The House was not well pleased with him who delivered this opinion. Some said it was not the intention of the House to pardon them, but it was replied that laws are to be understood according to the words of the acts, not according to the intention of the makers, further than the words will bear."-(Bray's Memoirs, &c. of Evelyn, ii. 7. Parliament. Hist. ix., 531.)