State and Commonwealth State and Commonwealth The Theory of the State in Early Modern England, 1549– 1640 noah dauber Princeton University Press Princeton and oxford Copyright © 2016 by Princeton university Press Published by Princeton university Press, 41 william Street, Princeton, new Jersey 08540 In the united Kingdom: Princeton university Press, 6 oxford Street, woodstock, oxfordshire oX20 1tr press.princeton.edu all rights reserved library of Congress Cataloging-in-Publication data names: dauber, noah, author. title: State and commonwealth : the theory of the state in early modern england, 1549–1640 / noah dauber. description: Princeton : Princeton university Press, 2016. | Includes bibliographical references and index. Identifiers: lCCn 2016001828 | ISbn 9780691170305 (hardback) Subjects: lCSh: Political science—Great britain—history—16th century. | Political science—Great britain—history—17th century. | Great britain—Politics and government—1558–1603. | Great britain—Politics and government—1603–1649. | State, the. | bISaC: PolItICal SCIenCe / history & theory. | PolItICal SCIenCe / General. Classification: lCC Ja84.G7 d29 2016 | ddC 320.10942/09031—dc23 lC record available at http://lccn.loc.gov/2016001828 british library Cataloging- in- Publication data is available this book has been composed in Sabon next lt Pro Printed on acid- free paper. ∞ Printed in the united States of america 10 9 8 7 6 5 4 3 2 1 to my Parents ContentS Acknowledgments ix Abbreviations xi introdUction: state, rePUblic, and commonwealth 1 chaPter 1. the reformers’ commonwealth Visions of Commonwealth in the reign of edward VI 27 chaPter 2. a society of orders Sir thomas Smith’s De Republica Anglorum 81 chaPter 3. the monarchical rePUblic John Case’s Sphaera Civitatis 114 chaPter 4. the Private and the PUblic the Aphorisms and Essays of Francis bacon 153 chaPter 5. the Penal state and the commonwealth of conscience thomas hobbes and The Elements of Law 189 conclUsion: the legacy of commonwealth 229 Bibliography 235 Index 253 aCKnowledGmentS my first debt is to richard tuck. I have been studying the history of political thought and discussing it with him since the middle of my undergraduate years, and his example of formulating a posi- tion, thinking about it, and rethinking it over decades has made it possible and pleasurable to think of it as my life’s work. the earliest inklings of the approach taken in this book probably came from reading bits and pieces of Gierke’s Natural Law and the Theory of Society and discussing them with him in those first years, and there are echoes of countless other conversations throughout this book. In graduate school, he introduced me to Istvan hont, whose generosity and company I treasured then and for years afterward, and whose memory remains a constant reminder of the importance of se- rious scholarship in the history of political thought. when we first met, we discussed at some length the work of horst dreitzel, whose approach to the history of ideas has influenced mine ever since. I owe my appreciation of the sophistication of the medieval aristotelian commentary tradition to Christoph Flüeler, lidia lanza, and marco toste, and I would like to acknowledge the Swiss national Science Foundation for its support of the time I spent working with those scholars at the university of Fribourg. our work together is most obviously reflected in chapter 3, but it has changed my understanding of the arc of the history of political thought more generally and has convinced me that there is still much more to say about the continuities between medieval and early modern political thought. this book began to take definite shape during the semester I spent at Cambridge in the spring of 2014, and I thank my colleagues there for their wonderful generosity and hospitality. In particular, I am grateful to anna- bel brett, John robertson, and richard Serjeantson and the conveners and attendants of the wonderful Political thought work- in- Progress series, es- pecially hugo drochon. thankfully, Isaac nakhimovsky and Karuna man- tena, longtime friends and colleagues, were in Cambridge at the same time, and they made hard work a pleasure. another longtime friend, leah whit- tington, was a great help in the final stages of the book process; I cannot be more thankful for her friendship and for our ongoing dialogue. ix