had been read in a full Convocation and allowed of, they were printed in Latin, that the

necessary to request the advice of Dr. Zouch, who was then, as Anthony Wood calls him, " the living Pandect of the law." By the express direction of our able Civilian, the Ambassador's brother was declared amenable to a trial in an English Court of Judicature. Accordingly he was tried by a special commission of Oyer and Terminer. The Commissioners were Lord Rolles, Justice Atkyns, Serjeant Steele, Dr. Richard Zouch, and five others. The Ambassador's brother was indicted for murder, convicted, and executed. Nothing contributed more effectually to increase the reputation of Cromwell in foreign countries, than this act of public justice; which is universally acknowledged to have been strictly conformable to the law of nations. On this subject Dr. Zouch composed a learned tract, entitled, "Solutio "Quæstionis de Legati delinquentis Judice competente, Oxon. "1657," to which he has annexed a narrative of the whole transaction. It was at this critical time, that the Portuguese Ambassador presented the famous panegyric on the Protector, supposed to be actually written by Milton, but generally believed to be the work of a Jesuit. Yet Cromwell remained insensible to adulation; and with a resolution worthy of an upright judge, permitted Justice to take her due

course.

In 1657 he became a candidate for the office of Custos Archivorum, vacated by the death of Dr. Gerard Langbaine. He was opposed on this occasion by Dr. John Wallis, eminent above all his contemporaries for his mathematical knowledge, one of the Savilian Professors, a man of mild and gentle manners, perfectly attached to the subsisting government, and who had, in fact, been one of the Secretaries to the Assembly of Divines at Westminster, during the whole time of their sitting. Dr. Wallis was elected in preference to his competitor; and the proceedings of this election were afterward commented on with great asperity by the celebrated Mr. Henry Stabbs.

After

Parliament's proceedings and the University's sufferings might be manifested to all na

After the restoration, Dr. Zouch, whose loyalty always remained unimpeached, had the honour of being named by the King, along with several other Commissioners, to restore the splendour, and regulate the disorders of the University. He was re-instated in the Court of Admiralty; and if he had lived he would doubtless have attained those higher dignities in his profession, to which his integrity and great abilities entitled him. He died at his apartments in Doctor's Commons, London, March 1, 1660, and was buried in the Church of Fulham, near the remains of Katharine, his eldest daughter, the wife of Sir William Powell, alias Hinson. His works, which principally relate to his professional studies, are enumerated by Anthony Wood. It must be remarked to his credit, that at a time when there was a warm contest between the Civilians and the common Lawyers, the latter of which were discouraged by the Court, he treated the common law of England with reverence and respect; herein differing from Dr. Cowell, the King's Professor at Cambridge, who endeavoured to extend the civil law beyond its due bounds. The author of the best didactic treatise extant, on the proceedings of the ecclesiastical court, hath paid the greatest attention to the writings of Dr. Zouch. Indeed they contain the fundamental principles of law and government, the knowledge of which constitutes an essential part of the education of an English gentleman. John and Daniel Elzevir have dedicated a beautiful and correct edition of his most celebrated work, entitled, "Elementa Juris Civilis," to its learned author. "He was," says Anthony Wood, "an exact artist, a subtle politician, an expert historian; and for the knowledge and practice of the "civil law, the chief person of his time, as his works, much " esteemed beyond the seas, where several of them are reprinted, "partly testify. He was so well versed also in the statutes of "the University, and controversies between the Members thereof " and the city, that none, after Twine's death, went beyond him. tions'; and the imposers of these oaths might repent, or answer them. But they were past the first; and for the latter I might swear they neither can nor ever will. And these reasons were also suddenly turned into English by Dr. Sanderson, that all those of these three kingdoms might the better judge of the cause of the loyal party's sufferings.

About this time the Independents (who were then grown to be the most powerful part of the army) had taken the King from a close to a more large imprisonment, and, by their own pretences to liberty of conscience, were obliged to allow somewhat like that to the King, who had in the year

"As his birth was noble, so was his behaviour and discourse; " and as personable and handsome, so naturally sweet, pleasing, " and affable. The truth is, there was nothing wanting, but a "forward spirit, for his advancement; but the interruption of "the times, which silenced his profession, would have given a " step to his rise had he been of another disposition."

The assistance of Dr. Gerard Langbaine, Provost of Queen's College, was of great service on this occasion. "These dele"gates," says Lord Clarendon, " to their eternal renown, being " at the same time under a strict and strong garrison put over "them by the Parliament, the King in prison, and their hopes "desperate, passed a public act and declaration against the "Covenant, with such invincible arguments of the illegality, "wickedness, and perjury contained in it, that no man of the "contrary opinion, nor the Assembly of Divines, which then sat " at Westminster, ever ventured to make any answer to it: But "it must remain to the world's end, as a monument of the learn

1646 sent for Dr. Sanderson, Dr. Hammond, Dr. Sheldon (the late Archbishop of Canterbury), and Dr. Morley (the now Bishop of Winchester) to attend him, in order to advise with them, how far he might with a good conscience comply with the proposals of the Parliament for a peace in Church and State: but these, having been then denied him by the Presbyterian Parliament, were now by their own rules allowed him by those Independents now in present power. And with some of those Divines, Dr. Sanderson also gave his attendance on his Majesty in the Isle of Wight; preached there before him, and had in that attendance many both public and private con

**ing, courage, and loyalty of that excellent place, against the "highest malice and tyranny, that was ever exercised in or over "any nation." See the "History of the Rebellion," Vol. IIL. p. 56.

After the Restoration, when the Parliament sat at Oxford, the Commons ordered thanks to be returned to the University, for their noble and resolute conduct, at this time.

"MARTIS, 31 Octob. 1663.

"RESOLVED, That the thanks of this House be returned to "the Chancellor, Masters, and Scholars of the University of "Oxford, for their remarkable loyalty to his Majesty's father of * happy memory, in the late rebellion: Especially for that ex"traordinary instance of their duty, in making a bold opposition "to the rebellious Visitors, and refusing to submit to their "League and Covenant: And lastly, for the illustrious per"formance they printed, entitled, 'The Judgment of the Uni"versity,' in which they have learnedly maintained the justice " of the King's cause."

ferences with him, to his Majesty's great satisfaction. At which time he desired Dr. Sanderson, that being the Parliament had then proposed to him the abolishing of Episcopal Government in the Church, as inconsistent with monarchy, and selling theirs and the Cathedral Church-Land to pay those soldiers that they had raised to fight against him, that he would consider of it, and declare his judgment. He undertook to do so, and did it; but it might not be printed till our King's happy restoration, and then it was. And at Dr. Sanderson's then taking his leave of his Majesty, in this his last attendance on him, the King requested him "to betake himself to the " writing cases of conscience for the good of "posterity." To which his answer was, "That "he was now grown old, and unfit to write cases " of conscience." But the King was so bold with him as to say, "It was the simplest answer he "ever heard from Dr. Sanderson; for no young " man was fit to be made a judge, or write cases "of conscience." And let me here take occasion to tell the reader this truth, very fit, but not commonly known; that in one of these conferences this conscientious King was told by a faithful and private intelligencer, that " if he " assented not to the Parliament's proposals, the

treaty 'twixt him and them would break im"mediately, and his life would then be in danger; " he was sure he knew it." To which his answer was, "I have done what I can to bring my con