« AnteriorContinuar »
and he was requested to methodize, and add what referred to reason and conscience, and put it into form. He yielded to
the civil magistrate his brother, Don Pantaleon Sa, a Knight of Malta, who was a principal in the riot. The Protector and his Privy Council dif. fering 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. Zsuch, who was then, as Anthony Wood calls him, “the living Pandect of tie 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 com. mission of Oyer and Terminer, The Commissioners were Lord Rolles, Jur. lice Atkyns, Strjtant Steele, Dr. Richard Z such, and five others, The Ambassador's brother was indicted ior ipurder, 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 liave been Itrictly conformable to the law of nations. On this subjet Dr. Zouch composed a learned tract, entitled, “ Solutio Quæf. tionis de Legati delinquentis Judice competente, Oxon, 1657," to which he has annexed a narrative of the whole transaction. It was at this criij. ca! time, that the Portuguese Ambassador presented the famous panegyric on the Protector, suppoled to be actually written by Milton, but generally believed to be the work of a Jeluit. Yet Cromwell remained iniensible to adulation; and with a jeolution worthy of an upright judge, permitted Justice to take her due course.
In 1657 he became a candidate for the office of Cultos Archivorum, va. cated 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 mian of mild and gentle manners, perfectly attached to the subsifting government, and who had, in fact, been one of the Secretaries to the Assembly ot Divines at Weftminster, during the whole time of their firting. 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 M. Henry Stubbs.
After the reltoration, Dr. Zouch whose loyalty always remained unim. peached, had the honour of being named by the King, along with several other Commissioners, to restore the fplendour, and regulate the disorders of the Univerfity. He was re-instated in the Court of Admiraity; and if he had lived, he would doubtless have attained those higher dignitjes in his profession, to which his integrity and great abilities entitled him. He died at his apariments 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 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 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 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 essential part of the education of an Englith gentleman, John and Daniel Eizevir have dedicated a beauriful and correct edition of his most cele. brated work, entitled, ".Elemenía Juris Civilis,” to its learned author, “ H: was," says Anthony Wood, “an exact artist, a (ubile politician,
m Let it ever be remembered to the honour of this Prelate, whom Charles I. was wont to call the good man,” and whom te delared to be bis great
mas Herbert 1 (who then attended him in his restraint) to come pare them with the original. The last still lives, and has declared it, with some other of that King's excellencies, in a letter under his own hand, which was lately shewed me by Sir William Dugdale, King at Arms. The translation was designed 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 translator to be both so much concerned in this relation, that it ought not to be concealed from the reader, and it is therefore, here inserted.
eft comfort, in his most afflictive situation, that he delivered his sentiments without disguile to the kin, on the fubject of Lord Strafford's fate, telling bim plainly, that or he light to do nothing with an unsatisfied conscience, • 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 ruinour, no journels, no distraction of thoughts; buc 6 a quiet mind, a patient care, free access, mun and moderate aniwers. * To this I must adů, a solid judgment, a lobir plainnels, and a molt in. “ dubitable character of fidelity in his very face; to as there needs not * mucii ftudy to drink him both a good man and a wise mar.” (Relig. Wottonianæ, p.31.) The appointment of this Divine to the office of Lord High Treaiurer of England gave great disgust to the nobility : But he conducted himself so well in the administration of it, as to filence all complaint.
This learned perfon who published observations upon bis Travels in Europe, Afia, and Africa, under the patronage and at the expense of bis kininian, William Earl of Pembroke, went abroad in 1626, and spent four years in vifiting Ala and Africa. Upon his return into England, he wasted on that Nobleman, who having invited him to dinner, the next day, at Baynard's Cuttle in London, died suddenly that night, according to the calculation of his nativity, which his father had made several years before. Thus disappointed in his expectations of promotion, he again went abroad, and travelled over fiveral parts of Europe. He afterward joined the Parliament againti Charles I. whom he was appointed to attend from the very beginning of his imprironment to the time of his death. He showed himself a moft taithiul tervant to the King, whose real character he foon discovered to be totally different fron ibat abich had been represented to him. In 1660, Charles Il. advanced him to the dignity of a Baronet, by the name of Thomas Herbert of Tinteine, in Monmouthshire, “ for fajibfully ter. “ ving his royal failier, during the two last year's 'of his life."- In 1678 he published" Threnodia Carolina ; containing Memojis of the two lait Years of the Reign of King Charles I.” A work much commender for the cauleur, impartiality, and tiuili, with which it is coin pored. He assisted Sir William Dagdale in compiling the third volume of his " Monafticon Anglicanum ;” and died at Yoik his native place, in 1682, leaving leverai MSS. toilie public library at Oxford, and others to that of the Cathedral at York.
Charles I. who always entertained the most sincere affection for this his upright and faithful le, vani, gave him many of his books a little before his death. There is extant a copy of Shakspeare's Works, fol. 1632, in wich is the King's writing, in these woris, “ Dum spiro spero. C. R." And by Mr. Herbert's land,“ Ex dono screnissimi Regis Car, serro suo “ humiliss. T. llerbert.”.
• The Life of this esinent antiquary, written by himself, is prefixed to this locurid stition of his “ History of St. Paul's Cathedral."