cases, has thought it worth his while, in an affair of such importance, to examine further what is more agreeable to the law of nations. To this purpose, he carefully read over all the authors he could meet with on this subject, diligently observing what they had borrowed from others; and having faithfully collected, digested, and considered the arguments for and against the immunity of an Ambassador, observing that those against the opinion of Grotius were weaker than those which were for it, he made no scruple of submitting his own thoughts and observations to the examination of the public, being fully satisfied, that the immunity of an Ambassador, as determined by Grotius, has the greatest tendency to preserve peace and commerce between Princes and States; and that if it be received under those limitations which he has settled, it can never deceive or injure the safety and government of the Prince. Dr. John Owen, who was made Dean of Christ's Church by Cromwell, being in consequence of this, Vice-Chancellor of the University, when this book was written, our author submitted it to him for his approbation and licence to print it at the University press; in answer to which, that learned person, deservedly

d

the boast of the sect of Independents, returned an elegant letter in Latin, prefixed to Dr. Zouche's book."

The greater part of the translation of this letter is to the following effect:-"I have read your Dissertation concerning the proper judge of an Ambassador, who transgresses the laws of the country where he resides, with great satisfaction and benefit; and I give you my most cordial thanks, that you did me the favour of an opportunity of perusing it and I should have had no other reason to imagine that I have any knowledge in the law of nations, than that all your works, which have the approbation of the learned every where, wonderfully please me. Seeing, therefore, I am not an utter stranger, of what moment it is in arduous affairs of this kind, to penetrate into their true state, and set them in due light, you may thence easily guess, what a favour you have done me. I have always, indeed, looked upon your author, Grotius, to be a very great man, and almost incomparable; and though in some very weighty points of religion, his sentiments and mine are vastly different, yet nobody is readier to allow him, in a manner, to have excelled all mankind, in all sorts of literature,

and especially in his profound knowledge of the laws of nature and nations, and of the Roman civil law; and can scarcely think that ever any body came up to him in that respect. But forasmuch as I was not before unacquainted with, and approved of his judgment concerning the competent judge of a foreign Minister, who transgresses the laws of the country where he resides, and seeing you have explained it with such perspicuity, judgment, and learning, as would have become Grotius himself; and over and above that, have strengthened it with many new arguments, cleared many objections that might be raised against it, and illustrated the whole with various examples, as all these shew your ability on the subject, and make no kind of doubt that all impartial men of all sides, will be satisfied with it; and therefore I am very ready and desirous this work should be made public for the benefit of the learned; and, I do hereby, by virtue of my office, licence the printing of it.

March 10, 1656."

Yours,

JOHN OWEN, V. C. Oxon..

It appears from this Treatise, that if the Portuguese Ambassador's brother could have produced any sufficient proof of his being appointed by that King a colleague in the embassy, the plea which he made of his privilege on that account would have been admitted, as valid by our author, who wrote this piece expressly in defence of the opinion of Grotius, concerning an Ambassador's immunity in all criminal cases whatsoever. Dr. Zouche, in this piece, asserts also the opinion he had before given, upon that much controverted point, the justice of Queen Elizabeth's act, in the death of Mary Queen of Scots, in consequence of a civil process, which he determined to be unjust, and contrary to the privilege of a sovereign Prince. See his words:-" If a Prince maintains his royal dignity in the dominions of another, for him to be subject to the jurisdiction of that country, is by no means agreeable to the old maxim, that one equal has no command over another. What men thought of the death of Mary Queen of Scots may be seen in Camden, and which of those, is his opinion, I have shewn (says Zouche) in another Treatise."

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As to the assertion," says he, "that Sovereigns would be in a bad condition, if other

Princes were allowed to plot their destruction in their own dominions, it is answered, that such a liberty is by no means allowed; but they may be prosecuted in an open war, agreeably to the law of nations and if it appears better to inflict immediate punishment upon a King who is taken in a foreign country plotting against a State, it suits better with the law of nations, to proclaim war against them, and declare them open enemies; and then one may safely kill them without waiting for any judicial process." [chap iv.] Here we see, that our learned Civilian only disapproves the act of Elizabeth in putting her sister Queen to death, as being done in pursuance of a judicial process, at the same time expressly approving the fact of her death considered absolutely, by chalking out another method of compassing it, according to which Mary might have been put to death safely by the law of nations, without waiting for any judicial process. Under the same opinion he likewise approves of the Bishop of Ross's answer to Burleigh, concerning the immunity of Ambassadors, [chapter vii.]; and observes, that though Burleigh told him that neither the privilege of ambassage, nor the testimonials of the public faith, could protect such