and he was requested to methodize, and add what referred to reafon and confcience, and put it into form. He yielded to

the civil magiftrate his brother, Don Pantaleon Sa, a Knight of Malta, who was a principal in the riot. The Protector and his Privy Council differing in opinion on the extent of the privilege of an ambassador, and on the legality of proceeding against the delinquents, thought it 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, Juftice Atkyns, Serjeant Steele, Dr. Richard Zuch, and five others. The Ambafsador's brother was indicted for murder, convicted and executed. Nothing contributed more effectually to increafe the reputation of Cromwell in foreign countries, than this act of public juftice; which is univerfally acknowledged to have been ftrictly conformable to the law of nations. this fubject Dr. Zouch compofed a learned tract, entitled, "Solutio Quæftionis de Legati delinquentis Judice competente, Oxon. 1657," to which he has annexed a narrative of the whole tranfaction. It was at this critical time, that the Portuguese Ambassador presented the famous panegyric on the Protector, fuppofed to be actually written by Milton, but generally believed to be the work of a Jefuit. Yet Cromwell remained infenfible to adulation; and with a refolution worthy of an upright judge, permitted Juftice to take her due course.

On

In 1657 he became a candidate for the office of Cuftos Archivorum, vacated by the death of Dr. Gerard Langbaine. He was oppofed on this occafion 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 fubfifting government, and who had, in fact, been one of the Secretaries to the Afsembly of Divines at Weftminfter, during the whole time of their fitting. Dr. Wallis was elected in preference to his competitor; and the proceedings of this election were afterward commented on with great afperity by the celebrated Mr. Henry Stubbs.

After the restoration, Dr. Zouch whofe loyalty always remained unimpeached, had the honour of being named by the King, along with feveral other Commifsioners, to restore the splendour, and regulate the diforders of the University. He was re-instated in the Court of Admiralty; and if he had lived, he would doubtless have attained thofe higher dignities in his profefsion, 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 Hinfon. His works, which principally relate to his profefsional ftudies, are enumerated by Anthony Wood. It must he 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 difcouraged by the Court, he treated the common law of England with reverence and refpect; herein differing from Dr. Cowell, the King's Profefsor at Cambridge, who endeavoured to extend the civil law beyond its due bounds. The author of the beft didactic treatife extant, on the proceedings of the ecclefiaftical 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 efsential part of the education of an English gentleman. John and Daniel Elzevir have dedicated a beautiful and correct edition of his moft celebrated work, entitled, "Elementa Juris Civilis," to its learned author. "He was," fays Anthony Wood, "an exact artift, a fubtle politician, Bb 4

an

their defires and did fo. And then, after they had been read in a full Convocation and allowed of, they were printed in Latin, that the Parliament's proceedings and the University's fufferings might be manifefted to all nations'; and the impofers of these oaths might repent, or answer them. But they were paft the first; and for the latter I might fwear they neither can, nor ever will. And these reasons were alfo fuddenly turned into Englifh by Dr. Sanderson, that all those of these three kingdoms might the better judge of the cause of the loyal party's fufferings.

About this time the Independents, (who were then grown to be the most powerful part of the army) had taken the King from a clofe to a more large imprisonment, and, by their own pretences to liberty of confcience, were obliged to allow fomewhat like that to the King, who had in the year 1646 fent for Dr. Sanderson, Dr. Hammond, Dr. Sheldon (the late Archbishop of Canterbury), and Dr. Morley (the now Bishop of Winchefter) to attend him, in order to advife with them, how far he

"an expert hiftorian; and for the knowledge and practice of the "civil law, the chief perfon of his time, as his works, much efteemed be"yond the feas, where feveral of them are reprinted, partly teftify. He "was fo well verfed alfo in the ftatutes of the Univerfity, and controverfies between the Members thereof and the city, that none, after Twine's "death, went beyond him. As his birth was noble, fo was his behaviour " and discourse; and as perfonable and handsome, so naturally sweet, "pleafing and affable. The truth is, there was nothing wanting, but a for"ward fpirit, for his advancement; but the interruption of the times, "which filenced his profefsion, would have given a ftep to his rife had he "been of another difpofition."

1 The afsiftance of Dr. Gerard Langhaine, Provoft of Queen's College, was of great fervice on this occafion. "Thele delegates," fays Lord Clarendon, "to their eternal renown, being at the fame time under a ftrict "and ftrong garrifon put over them by the Parliament, the King in prifon, "and their hopes defperate, palsed a public act and declaration against the Covenant, with fuch invincible arguments of the illegality, wickednefs, and perjury contained in it, that no man of the contrary opinion, nor the Alsembly of Divines, which then fat at Weftuinfter, ever ventured to make any "anfwer to it: But it must remain to the world's end, as a monument of "the learning, courage, and loyalty of that excellent place,against the highest “malice and tyranny, that was ever exercised in or over any nation." See the "Hiftory of the Rebellion," Vol. III. p. 56.

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After the Restoration, when the Parliament fat at Oxford, the Commons ordered thanks to be returned to the Univerfity, for their noble and folute conduct, at this time.

"MARTIS, 31 Octob. 1663.

"RESOLVED, That the thanks of this Houfe be returned to the Chan" ceilor, Masters, and Scholars of the University of Oxford, for their re"markable loyalty to his Majefty's father of happy memory, in the late rebellion: Efpecially for that extraordinary inftance of their duty, in making "a bold oppofition to the rebellious Vifitors, and refusing to fubmit to their League and Covenant: And lastly, for the illuftrious performance they printed, entitled, “The Judgment of the University,' in which they have learnedly maintained the justice of the King's caufe."

86

might with a good confcience comply with the propofals of the Parliament for a peace in Church and State: but these, having been then denied him by the Prefbyterian Parliament, were now by their own rules allowed him by thofe Independents now in prefent power. And with fome of thofe Divines, Dr. Sanderfon alfo gave his attendance on his Majefty in the Isle of Wight; preached there before him, and had in that attendance many both public and private conferences with him, to his Majesty's great fatisfaction. At which time he defired Dr. Sanderson, that being the Parliament had then propofed to him the abolishing of Epifcopal Government in the Church, as inconfiftent with monarchy, and felling theirs and the Cathedral ChurchLand to pay thofe foldiers that they had raised to fight against him, that he would confider of it, and declare his judgment. He undertook to do fo, and did it, but it might not be printed till our King's happy restoration, and then it was. And at Dr. Sanderfon's then taking his leave of his Majefty in this his laft attendance on him, the King requested him "to betake himself "to the writing cafes of confcience for the good of pofterity." To which his anfwer was, "That he was now grown old, and "unft to write cafes of confcience." But the King was fo bold with him as to fay, "It was the fimpleft answer he ever heard "from Dr. Sanderfon; for no young man was fit to be made a "judge, or write cafes of confcience." And let me here take occafion to tell the reader this truth, very fit, but not commonly known; that in one of these conferences this confcientious King was told by a faithful and private intelligencer, that "if "he afsented not to the Parliament's propofals, the treaty "twixt him and them would break immediately, and his life "would then be in danger; he was fure he knew it." To which his anfwer was, "I have done what I can to bring my con"science to a compliance with their proposals and cannot; and "I will not lofe my confcience to fave my life:" And within a very thort time after, he told Dr. Sanderson and Dr. Morley, or one of them that then waited with him, that "the remembrance "of two errors did much afflict him, which were, his afsent to "the Earl of Strafford's death, and the abolishing Epifcopacy in "Scotland, and that if God ever reftored him to be in a peace"able pofsefsion of his crown, he would demonftrate his repeutance by a public confefsion and voluntary penance (I "think barefoot) from the Tower of London or Whitehall, to "St. Paul's Church, and defire the people to intercede with "God for his pardon." I am fure one of them, that told it me, lives ftill, and will witnefs it. And it ought to be obferved, that Dr. Sanderfon's Lectures de Juramento were fo approved and valued by the King, that in this time of his imprisonment and folitude be tranflated them into exact English, defiring Dr. Jux1on (then Bithop of London), Dr. Hammond, and Sir Tho

m Let it ever be remembered to the honour of this Prelate, whom Charles I. was wont to call the good man," and whom he delared to be his greateft com.

mas Herbert (who then attended him in his reftraint) to compare them with the original. The laft ftill lives, and has declared it, with fome other of that King's excellencies, in a letter under his own hand, which was lately fhewed me by Sir William Dugdale, King at Arms. The tranflation was defigned to be put into the King's Library at St. James's, but, I doubt,' not now to be found there. I thought the honour of the author and tranflator to be both fo much concerned in this relation, that it ought not to be concealed from the reader, and it is therefore here inferted.

eft comfort, in his molt afflictive fituation, that he delivered his fentiments without difguife to the King, on the fubject of Lord Strafford's fate, telling him plainly, that he ought to do nothing with an unfatisfied conscience, 86 upon any confideration in the world." His character is thus beautifully, pourtrayed by Sir Henry Wotton, in a letter to the Queen of Bohemia. "There is in him no tumour, no fourness, no diftraction of thoughts; but "a quiet mind, a patient care, free accefs, mild and moderate aniwers. "To this I must add, a folid judgment, a fober plainnefs, and a most in. "dubitable character of fidelity in his very face; fo as there needs not "much fudy to think him both a good man and a wife man." (Relig. Wottoniana, p. 31.) The appointment of this Divine to the office of Lord High Treaturer of England gave great difguft to the nobility: But he conducted himself fo well in the adminiftration of it, as to filence all complaint.

This learned perfon who published obfervations upon his Travels in Europe, Afia, and Africa, under the patronage and at the expenfe of his kinfman, William Earl of Pembroke, went abroad in 1626, and spent four years in vifiting Afia and Africa. Upon his return into England, he wasted on that Nobleman, who having invited him to dinner, the next day, at Baynard's Caftle in London, died fuddenly that night, according to the calculation of his nativity, which his father had made feveral years before. Thus dilappointed in his expectations of promotion, he again went abroad, and travelled over feveral parts of Europe. He afterward joined the Parhament againfi Charles I. whom he was appointed to attend from the very beginning of his imprisonment to the time of his death. He fhowed himself a moft faithful fervant to the King, whofe real character he foon discovered to be totally different from that which had been reprefented to him. In 1660, Charles II. advanced him to the dignity of a Baronet, by the name of Thomas Herbert of Tinterne, in Monmouthshire," for faithfully fer"ving his royal father, during the two last years of his life."———In 1678 he published "Threnodia Carolina; containing Memoirs of the two laft Years of the Reign of King Charles I." A work much commended for the candour, impartiality, and truth, with which it is coinpofed. He afsifted Sir William Dugdale in compiling the third volume of his "Monafticon Anglicanum;" and died at York his native place, in 1682, leaving feveral MSS. to the public library at Oxford, and others to that of the Cathedral at York.

Charles I. who always entertained the moft fincere affection for this his pright and faithful fervant, gave him many of his books a little before his death. There is extant a copy of Shakspeare's Works, fol. 1632, in which is the King's writing, in thefe words, "Dum spiro spero. C. R." And by Mr. Herbert's hand, "Ex dono serenissimi Regis Car. servo suo humiliss. T. Herbert.".

46

• The Life of this eminent antiquary, written by himself, is prefixed to the fecond edition of his "Hittory of St. Paul's Cathedral."

I now return to Dr. Sanderson in the chair at Oxford, where they that complied not in taking the Covenant, negative oath, and Parliament ordinance for Church-difcipline and worship, were under a fad and daily apprehenfion of expulfion; for the Visitors were daily expected, and both city and University full of foldiers, and a party of Prefbyterian Divines, that were as greedy and ready to pofsefs, as the ignorant and ill-natured Vifitors were to eject the Difsenters out of their Colleges and livelihoods: But notwithstanding, Dr. Sanderson did ftill continue to read his Lecture, and did, to the very faces of those Prefbyterian divines and foldiers, read with fo much reafon, and with a calm fortitude, make fuch applications, as, if they were not, they ought to have been afhamed, and begged pardon of God and him, and forborn to do what followed. But these thriving finners were hardened: and as the Vifitors expelled the orthodox, they, without fcruple or fhame, pofsefsed themselves immediately of their Colleges; fo that, with the reft, Dr. Sanderfon was (in June 1648) forced to pack up and be gone, and thank God he was not imprifoned, as Dr. Sheldon, Dr. Hammond', and others then were.

p See a full account of this Visitation in “Walker's Hiftory of the Suf. ferings of the Clergy," P. I. p. 122, &c.

9 June 14, 1648.

A tranfcript of the following order was kindly communicated to me by the Rev. Dr. Sheffield, Provolt of Worcester College, and Keeper of the Ahmolean Museum :

"AT THE COMMITTEE OF LORDS AND COMMONS, FOR REFORMATION OF THE UNIVERSITIE OF OXON,

"WHEREAS the anfweres of Dr. Fell, Deane of Chrift-Church, and "others, the Prebendaries of Chrift-church, in Oxford, refufinge to fubmitt to the authoritie of Parliament for visitinge the faid Univerfitie, were re. "ferred to this Committee, by fpeciall order of both Houfes of Parliament, "to hear, and determine, and to apply effectual remedies as the cafes "should require: Úpon full hearinge and debate of the faid answeres, it "was refolved, that the matter hereof was an high contempt, and denyale "of authoritie of Parliament; and further refolved, that Dr. Sanderfon "was guilty hereof; and that, for an effectual remedy, the faid Dr. Sander"fon be removed from his place of Prebendary of Chrift-Church, and Regius Professor of the Univerfitie of Oxford: And whereas upon further "confideration, this Committee thought fitt, and ordered, that their former vote should be fufpended, in hope of his fubmifsion to the authori "tie, and conformity to the orders and ordinances of Parliament, for the "reformation of the Univerfitie: Now upon hearinge the report of the Vifitors (which is), That the said Dr. Sanderson hath not, all this while, given any fatisfactorie teftimony of his fubmifsion: it is therefore ordered, That the laft vote of the Committee concerning the fufpenfion of the " said Dr. Sanderson, be taken off, and revoked; and the former vote concerning his removall doe itand and be confirmed.

"

"CAT. MSS. ANGL. NO. 3736.

FRANC. ROUS."

r During his confinement at this time, Dr. Hammond began his excelcellent "Paraphrafe, and Annotations on the New Teftament."-When Dr. Sanderton was ejected from the Divinity chair, he was fucceeded by

Dr.