that of the latter, was as great on the Continent as in these islands-Arthur Duck and Richard Zouche. The former steadily adhered to the fortunes of his unhappy sovereign; and his work, De Usu ac Authoritate Juris Civilis, has never ceased to maintain its deserved authority. Zouche, who held several high appointments, submitted to the authority of the Parliament (r). In 1653, the famous case of the Portuguese ambassador happened: Don Pantaleon de Sa, having deliberately murdered an English subject in London, took refuge in the house of his brother, the Portuguese ambassador. That high functionary insisted on the exemption of his brother from punishment on account of the inviolable character which the law of nations impressed upon the dwelling of an ambassador. Cromwell, however, caused him to be tried before a commission composed of Sir H. Blunt, Zouche, Clerk, and Turner, Advocates of Civil Law, and others; before whom he was convicted of murder and riot, and for these offences was executed at Tyburn. On this occasion Zouche wrote a very able and learned treatise, entitled, A Dissertation concerning the Punishment of Ambassadors who transgress the Laws of the Countries where they reside, &c. This civilian was also the author of several other treatises on public law, the most celebrated of which was entitled Juris inter Gentes Quæstiones, a book which is to this day of high authority and constant reference by all jurists both in Europe and America. During the reign of Charles II. various causes con (r) Zouche had received a patent from King James, assigning to him a stipend of 407. per annum, and all emoluments and privileges enjoyed by "Albericus Gentilis, Frauncis James, and John Budden." A copy of this patent is to be found in Rymer's Fœdera. spired to extend and strengthen the influence of the Civilians. The restoration of the orders and discipline of the Church-the rapid growth of commerce and its consequences, augmentation of personal property and increase of shipping-the creation of a navy board (8), and widely spreading relations with foreign States-the two Dutch wars, and the personal merits of the great Civilian of the day, Sir Leoline Jenkins-all contributed to produce this result. "If," says Sir Robert Wiseman, Advocate-General, writing in 1680, "we look no farther back than twenty years ago, we shall remember the Civil "Law did so far spread itself up and down this "nation, that there was not any one county which "had not some part of the government thereof "managed and exercised by one or more of that profession, besides the great employment and practice "it had in the Courts in London. So that it being "thus incorporated, and, as I may say, naturalized "by ourselves into this Commonwealth, it ought not "to be reputed or looked upon by us a stranger any "longer" (t). I come now to the last period, that which elapsed between the Revolution of 1680 and the present time. During this interval the profession of the Civil Law has been sustained by a succession of advocates and judges, who may challenge comparison with their brethren of Westminster Hall, and who have done good service to the State, both in her domestic tribunals, in her courts of the law of nations, and in her pacific intercourse with foreign nations. Nobody (8) Vide Pepys' Memoirs, passim. (t) The extract is taken from a treatise called The Law of Laws, or the Excellency of the Civil Law. acquainted with the history of our country since the Revolution can be wholly ignorant of Sir Leoline Jenkins, Sir George Lee, Sir G. Hay (u), Sir William Wynne, Dr. Lawrence, and Lord Stowell. The biography of Sir Leoline Jenkins contains a history of the foreign affairs of this kingdom from the breaking out of the first Dutch war (1664) to the Peace of Nimeguen (1676-7), which he negotiated in concert with his illustrious colleague, Sir W. Temple. He filled various high offices, those of Member of Parliament, Judge of the High Court of Admiralty, Judge of the Prerogative Court of Canterbury, Principal of Jesus College, Oxford, Ambassador, Secretary of State. Throughout the works (v) of this great jurist are scattered tracts upon various questions of Public and International Law, rich in deep learning and sound reasoning, and consequently forming a mine from which all subsequent jurists have extracted materials of great value. His acquaintance with the Civil Law was deep and accurate, as he had opportunities of evincing upon several occasions; and he often lamented, we learn from his biographer, that the Civil Law "was so little favoured in England, where all "other sciences met with a suitable encourage"ment" (x). "His learned decisions," I quote from the same source (y), "rendered his name famous in most parts (u) Vide Walpole's History of Last Ten Years of George II., vol. ii., for an account of Dr. Hay's eloquence. (v) I believe the Colleges of Jesus and All Souls contain MSS. yet unpublished of Sir L. Jenkins, which, it is to be hoped, will one day see the light. (x) Life of Sir L. Jenkins, p. xi. preface. (y) Ib. p. xiii. and vol. ii. p. 741. He advised the Duke of York as to 66 66 "of Europe (there being at this time almost a general war, and some of all nations frequently suitors to "this Court), and his answers or reports of all "matters referred to him, whether from the Lords "Commissioners of Prizes, Privy Council, or other great officers of the kingdom, were so solid and judicious as to give universal satisfaction, and often gained the applause of those who dissented from "him, because they showed not only the soundness of "his judgment in the particular matters of his profes"sion, but a great compass of knowledge in the general affairs of Europe and in the ancient as well as "modern practice of other nations. Upon any ques"tions or disputes arising beyond sea between His Majesty's subjects and those of other Princes, they "often had recourse to Dr. Jenkins. Even those "who presided in the seats of foreign Judicatures in "some cases applied to him to know how the like points had been ruled in the Admiralty here, and "his sentences were often exemplified and obtained as precedents there, &c." "For his opinion, whether "in the Civil, Canon, or Laws of Nations, generally passed as an uncontrovertible authority, being "always thoroughly considered and judiciously "founded" (z). แ 66 his title to the Seigneury of Aubigné, on the death of the Duke of Richmond, vol. ii. p. 704. He advised upon the claim of the Crown of England to the dominion of the narrow seas and the homage due to her flag; upon the Electoral Prince Palatine's settlement; on the effect of a settlement of property made by Maurice Prince of Orange; as to the succession to the personal estate of the Queen Mother of France, and on many other cases of great importance and delicacy, in which the knowledge of a civilian and publicist was required. See vol. ii. pp. 663, 673, 674, 709, &c.; see also Temple's Memoirs. (z) P. xviii. The Law which governs the disposition of the personal estates of intestates, commonly called the Statute of Distributions (a), was framed by Sir L. Jenkins, principally upon the model of the 118th Novel of Justinian. It was also by the influence of this distinguished member of their body that, after the Fire of London, the Advocates of Civil Law obtained a share of certain immunities enjoyed by other branches of the Bar. The Rescript of Charles II. on the subject begins, "Charles R. The Society of the Doctors at "Civil Law, Judges and Advocates of our Court 66 now settled at Doctors' Commons, in London, hav“ing to their great charges rebuilt the same, &c. &c. "And we knowing the usefulness of that profession for "the service of us and our kingdom in many affairs, "found just cause to assert their exemption from "payment of taxes, burdens, and impositions in the same manner as the Societies of the Serjeants' Inn "are and have used to be." The death of Jenkins happened soon after the accession of James II. After the abdication of that Monarch the Civilians were consulted upon very nice question of International Law, to which reference is made at length in this work (b). In the reign of Anne, Sir John Cooke, a distinguished Civilian, and Dean of the Arches, was one of the Commissioners for the Treaty of the Union with Scotland; and everybody acquainted with the Treaty of Utrecht is aware that the Civilians were continually consulted by the Crown upon the framing of the different Articles contained in it. (a) 22 & 23 Car. II. c. 10. |