LITERATURE AND THE LAW OF NATIONS, 1580–1680 Literature and the Law of Nations, 1580–1680 CHRISTOPHER N. WARREN 3 3 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Christopher Warren 2015 The moral rights of the author have been asserted First Edition published in 2015 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2014951321 ISBN 978–0–19–871934–2 Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work. Acknowledgments It is a pleasure to thank the many friends, family, and colleagues in Pittsburgh, Chicago, Oxford, and many other places who have lent time and energy to the writing of this book. I thank my colleagues at Carnegie Mellon University, in the University of Chicago Society of Fellows, and at Oxford University, above all my wise and learned D.Phil. supervisor Sharon Achinstein. The list of those who have provided friendship, advice, thoughtful criticism, and acts of generosity while this book was in progress is a long one. Meriting special mention are Marian Aguiar, Matthew Stembridge Anderson, Cliff Ando, Lauren Benton, David Bevington, Eyona Bivins, Bradin Cormack, Andrew Dilts, Michael Fakhri, Stephen Fallon, Ed Gordon, Kinch Hoekstra, Paul Hopper, Elizabeth Hutcheon, Matt Jenkinson, Richard Joyce, Victoria Kahn, Margaret Kinsky, Jon Klancher, Peggy Knapp, Dino Kritsiotis, Christine Lee, John Lehoczky, Fritz Levy, Noel Malcolm, Matt McHale, Vickie McKay, Tim Michael, Jeff Miller, Sophie Murray, Sanjay Narayan, Mark Neustadt, Chris Neuwirth, Marisa O’Connor, John Oddo, Anne Orford, Umut Oszu, Jessica Otis, Alex Porcaro, Joanna Picciotto, Ethan Pullman, Rich Purcell, Andreea Ritivoi, Jason Rosenblatt, Shalini Satkunanandan, Jonathan Scott, Barbara Sebak, Daniel Shore, Tracey Sowerby, David Shumway, Jonathan Stainsby, Paul Stevens, Benjamin Straumann, Richard Strier, Antti Tahvanaihen, Premala Thiagarajan, Rachel Trubowitz, Katie Wade, and Jeff Williams. David Norbrook and Lorna Hutson examined the Oxford D.Phil. thesis where I first explored many of the ideas in this book, and I am grateful to both for excellent suggestions at a formative moment. Rare Books Librarians at the Folger Shakespeare Library, the Bodleian Library, the Dutch Royal Library, the Newberry Library, CMU’s Hunt Library, the University of Chicago’s Regenstein Library, the British Library, and Chatsworth House assisted with research. I owe special thanks to Andrew Marshall in Interlibrary Loans at CMU. Since excellent academic bookstores are fading fast, I also register here my deep gratitude to two great ones, Blackwell’s (Oxford) and the Seminary Co-Op (Hyde Park, Chicago). I thank my tremendous editors and staff at Oxford University Press, especially Jaqueline Baker and Rachel Platt, and Deborah Hey, who was responsible for copyediting. I thank Oxford University Press and Taylor & Francis for permission to publish in revised form material appearing initially in The Seventeenth Century, The European Journal of Interna- tional Law, and The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire, edited by Benjamin Struamann and Benedict Kingsbury. For opportunities to air work in progress, I’m grateful to Paul Stevens and the Toronto Milton Seminar, to Jason Rosenblatt and the Northeast Milton Seminar, to Benjamin Struamann, Benedict Kingsbury, and NYU Law School, to the Uni- versity of Chicago Renaissance Workshop, to Anne Orford, Dino Kritsiotis, and J. H. H. Weiler and the Junior Faculty Forum for International Law, and to Jo Craigwood and Tracey Sowerby and the Textual Ambassadors Network, kindly vi Acknowledgments supported by the AHRC. I gratefully acknowledge an Erwin R. Steinberg Summer Fellowship from the Carnegie Mellon Department of English, an appointment as Visiting Scholar at the University of Chicago in 2011–2012, and an appointment as Senior Research Visitor at Keble College, Oxford in 2013. My graduate students have helped me think through many of the issues in this book—sometimes, much more than they know—and I thank in particular Julie Bowman, Marisa C olabuono, Kate Hamilton, Stephen Rosnick, D. J. Schuldt, Natalie Suzelis, and Pavithra Tantrigoda. For some late encouragement and suggestions, I am grateful to Peggy Knapp, Kristina Straub, Leah Whittington, Jason Rosenblatt, and Sharon Achinstein. For support that only family can provide, I thank my mom and dad, Katherine Norton Warren and Paul Warren, Timothy and Sunni Warren, Marie and Gerald O’Hara, Lucy Warren, and Steve and Nancy Kachniasz. Above all, I am grateful to Julie Kachniasz and Gabriel Matthew Warren for abiding love and laughter. Annabel Marie Warren was born in this book’s final stages. It delights me to think that she and it will share a world together. Contents List of Figures ix 1. The Stakes of International Law and Literature 1 If the Past is a Different Country, all Law is International Law 10 The Early Modern Law of Nations and the Problematic of the Made 14 Kinds of International Law 18 The Road Ahead 22 Towards a Literary History of International Law 27 2. From Epic to Public International Law: Philip Sidney, Alberico Gentili, and “Intercourse Among Enemies” 31 Aeneas on Trial 37 “It is Very Late to Dig a Well When One is Thirsty”: Sidney’s New Arcadia, Humanism, and International Legal Hermeneutics 48 Hannibal reads Homer 54 Epic Kindness, the “Feigned Example,” and the Law of Nations 55 Conclusion 58 3. Jacobean Comedy and the Anagnorisis of Private International Law 62 The Comic Law of Nations 66 Pericles and Private International Law 71 Roman Comedy and Roman Law 76 Prize and Piracy in Pericles 82 How Caliban read his Plautus, or the Private Tempest 89 Conclusion 94 4. The Tragicomic Law of Nations: The Winter’s Tale and the Union 96 Borders, Hinges, and Debatable Lands: Rhetorical Geographies 101 Union Emplotments 107 Antinomy and Jurisprudence on the Coast of Bohemia 110 Commune vinculum: Bodies in Place v. Common Bonds 119 How Long is the Coast of Bohemia? 124 5. From Imperial History to International Law: Thucydides, Hobbes, and the Law of Nations 127 Time and Law 138 The Debate over Thucydides I.3–5 144 Rhetoric and Royalism: Thucydides and the Virginia Company 149 Hobbes in the Field 157 viii Contents 6. From Biblical Tragedy to Human Rights: International Legal Personality in Grotius’ Sophompaneas and Milton’s Samson Agonistes 160 Samson and the “Golden Beames of Law and Right” 170 Tragedy, the Lore of Justice, and Government in a New Frame in Paradise Lost 172 “From Private Interest to Public Cause”: Samson and Casus Belli in Law of Nations Discourse 174 Misrecognition and International Legal Personality in Samson Agonistes 176 Egypt, Irony, Catastrophe 181 Grotius in Egypt 183 Preamble to the Laws 189 Raging Hunger no Allegiance Knows 193 7. “A Problem from Hell”: From Paradise Lost to the Responsibility to Protect 203 Introduction 203 Protection in an International Context 206 Don Pantaleon and the Judex Inter Homines 210 Just Vindication 216 Terms of Indictment 219 God’s Wartime Tribunal 224 Towards the Responsibility to Protect 226 Conclusion 229 Bibliography 235 Index 273 List of Figures 2.1 The Fight between Aeneas and King Turnus, from Vergil’s Aeneid. Giacomo del Po (Italy, Naples, 1652–1726) Italy, circa 1700, Oil on Copper. Public domain image made available by the Los Angeles County Museum of Art. 45 3.1 Edmund Gayton, The Lawyer’s Duel, BL Harl. 5936 (399). Reproduced with kind permission from the British Library. 80 4.1 From T. J. Carlyle, “The Debateable Land,” Transactions of the Dumfriesshire and Galloway Natural History and Antiquarian Society, 1, 4 (1865): 19. Reproduced with kind permission from the Dumfriesshire and Galloway Natural History and Antiquarian Society. 103 5.1 Foldout illustration of the siege of Plataea in Hobbes’ Thucydides, STC 24058. Plate before p. 155. Reprinted with kind permission from the Folger Shakespeare Library. 135 5.2 Title-page woodcut from A true relation of the unjust, cruell, and barbarous proceedings against the English at Amboyna in the East-Indies (1624), STC 7452. Reprinted with kind permission from the Folger Shakespeare Library. 136 6.1 Title-page engraving by Thomas Cecil for True religion explained, and defended against the archenemies thereof in these times. In six bookes. Written in Latine by Hugo Grotius (1632), STC 12400. Reproduced with kind permission from the Folger Shakespeare Library, STC 12400 Copy 1. 188 6.2 Joseph Distributing Grain in Egypt, Etching by Jan de Bisschop, Dutch, 1648–1657. Reproduced with kind permission from The Minneapolis Institute of Arts. 193 7.1 and 7.2 Paulo Craesbeeck’s 1644 dedication of Os Lusiadas to João Rodrigues de Sá a Menezes. Digitization by Google Books. Reproduced with kind permission from the Bibliothèque Jésuite des Fontaines, shelfmark SJ BE 622/20. 221