Richard Zouch
Encyclopedia
Richard Zouch also Richard Zouche (c. 1590 – 1 March 1661) was an English jurist
.
, son of Francis Zouche. His mother is said to have been Philippa, sixth daughter of George Ludlow of Hill Deverel, Wiltshire. He was educated at Winchester
and afterwards at New College, Oxford
, where he was a scholar in 1607, and Fellow in 1609. He graduated as B.C.L. in 1614, and D.C.L. in 1619, was admitted at Doctor's Commons in January 1618, and was appointed Regius Professor of Civil Law
at Oxford in 1620. In addition to his university duties, he had a large legal practice in London
. It was apparently in 1622 that he married Sarah, daughter of John Harte of Brill
in Oxfordshire, a proctor in Doctors' Commons; having thus vacated his fellowship, he entered himself in 1623 as a fellow commoner at Wadham College. In 1621 and 1624, through the influence of his cousin Edward la Zouche, 11th Baron Zouche
, he was elected Member of Parliament
for Hythe
. In 1625 he became principal of St Alban Hall.
He took a leading part in William Laud
's codification of the statutes of the university (1629–1633). He acted for many years as assessor of the vice-chancellor's court, and in 1632 became chancellor of the diocese of Oxford
. In 1641 he was made judge of the High Court of Admiralty.
During the civil war
, he was a Royalist
, though not a pronounced one. Under the Commonwealth
, having submitted to the parliamentary visitors, he retained his university appointments, and was appointed by Oliver Cromwell
to a special commission of oyer and terminer (consisting of three judges, three civilians, and three laymen, for the trial of Don Pantaleone Sa, the brother of the Portuguese ambassador, for murder committed in a brawl). Zouche was, however, not allowed to retain the judgeship of the admiralty, which was in 1649 conferred on Dr. John Exton
. He was regarded with some suspicion by both factions.
After the Restoration
, he was appointed to the commission which reinstated the professors and Fellows of Oxford who had been removed under the Protectorate of Cromwell. On 4 February 1661, he was restored to his judgeship, though he died soon afterwards at his apartments in Doctors' Commons, London, on 1 March 1661.
In virtue of the last two he has the distinction of being one of the earliest systematic writers on international law
. According to Thomas Erskine Holland
writing in the Dictionary of National Biography
, Jeremy Bentham
's coinage "international law" derives from the phrase jus inter gentes implied by Zouch's 1650 choice of title. Holland also identifies both Zouch and Arthur Duck
as pupils of distinction of the civilian John Budden
, in the Oxford tradition founded by Alberico Gentili
.
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
.
Life
He was born at Ansty, WiltshireAnsty, Wiltshire
Ansty is a village and civil parish in Wiltshire, England, about east of Shaftesbury and just north of the A30 road between Shaftesbury and Salisbury.-Archaeology:...
, son of Francis Zouche. His mother is said to have been Philippa, sixth daughter of George Ludlow of Hill Deverel, Wiltshire. He was educated at Winchester
Winchester College
Winchester College is an independent school for boys in the British public school tradition, situated in Winchester, Hampshire, the former capital of England. It has existed in its present location for over 600 years and claims the longest unbroken history of any school in England...
and afterwards at New College, Oxford
New College, Oxford
New College is one of the constituent colleges of the University of Oxford in the United Kingdom.- Overview :The College's official name, College of St Mary, is the same as that of the older Oriel College; hence, it has been referred to as the "New College of St Mary", and is now almost always...
, where he was a scholar in 1607, and Fellow in 1609. He graduated as B.C.L. in 1614, and D.C.L. in 1619, was admitted at Doctor's Commons in January 1618, and was appointed Regius Professor of Civil Law
Regius Professor of Civil Law (Oxford)
The Regius Chair of Civil Law, founded in the 1540s, is one of the oldest of the professorships at the University of Oxford.-Foundation:The Regius Chair of Civil Law at Oxford was founded by King Henry VIII, who established five such Regius Professorships in the University, the others being the...
at Oxford in 1620. In addition to his university duties, he had a large legal practice in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. It was apparently in 1622 that he married Sarah, daughter of John Harte of Brill
Brill
Brill is a village and civil parish in Aylesbury Vale district in Buckinghamshire, England, close to the boundary with Oxfordshire. It is about north-west of Long Crendon and south-east of Bicester...
in Oxfordshire, a proctor in Doctors' Commons; having thus vacated his fellowship, he entered himself in 1623 as a fellow commoner at Wadham College. In 1621 and 1624, through the influence of his cousin Edward la Zouche, 11th Baron Zouche
Edward la Zouche, 11th Baron Zouche
Edward la Zouche, 11th Baron Zouche, 12th Baron St Maur was an English diplomat.-Early Life:Zouche was the son of George la Zouche, 10th Baron Zouche and his wife Margaret, née Welby....
, he was elected Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Hythe
Hythe (UK Parliament constituency)
Hythe was a constituency centred on the town of Hythe in Kent. It returned two Members of Parliament to the House of Commons until 1832, when its representation was reduced to one member...
. In 1625 he became principal of St Alban Hall.
He took a leading part in William Laud
William Laud
William Laud was Archbishop of Canterbury from 1633 to 1645. One of the High Church Caroline divines, he opposed radical forms of Puritanism...
's codification of the statutes of the university (1629–1633). He acted for many years as assessor of the vice-chancellor's court, and in 1632 became chancellor of the diocese of Oxford
Diocese of Oxford
-History:The Diocese of Oxford was created in 1541 out of part of the Diocese of Lincoln.In 1836 the Archdeaconry of Berkshire was transferred from the Diocese of Salisbury to Oxford...
. In 1641 he was made judge of the High Court of Admiralty.
During the civil war
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
, he was a Royalist
Cavalier
Cavalier was the name used by Parliamentarians for a Royalist supporter of King Charles I and son Charles II during the English Civil War, the Interregnum, and the Restoration...
, though not a pronounced one. Under the Commonwealth
Commonwealth of England
The Commonwealth of England was the republic which ruled first England, and then Ireland and Scotland from 1649 to 1660. Between 1653–1659 it was known as the Commonwealth of England, Scotland and Ireland...
, having submitted to the parliamentary visitors, he retained his university appointments, and was appointed by Oliver Cromwell
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....
to a special commission of oyer and terminer (consisting of three judges, three civilians, and three laymen, for the trial of Don Pantaleone Sa, the brother of the Portuguese ambassador, for murder committed in a brawl). Zouche was, however, not allowed to retain the judgeship of the admiralty, which was in 1649 conferred on Dr. John Exton
John Exton
-Life:Exton was educated at Trinity Hall, Cambridge, where he proceeded B.A. 1619-30, M.A. 1623, LL.D. 1634. In 1649 he was appointed by the parliament judge of the court of admiralty, and in this office he was confirmed and reappointed by the Duke of York after the Restoration...
. He was regarded with some suspicion by both factions.
After the Restoration
English Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...
, he was appointed to the commission which reinstated the professors and Fellows of Oxford who had been removed under the Protectorate of Cromwell. On 4 February 1661, he was restored to his judgeship, though he died soon afterwards at his apartments in Doctors' Commons, London, on 1 March 1661.
Legal works
- Elementa jurisprudentiae (1629)
- Descriptio juris et judicii feudalis, secundum consuetudines Mediolani et Normanniae, pro introductione ad juris prudentiam Anglicanam (1634)
- Descriptio juris et judicii temporalis, secundum consuetudines feudales et Normannicas (1636)
- Descriptio juris et judicii ecclesiastici, secundum canones et consuetudines Anglicanas (1636)
- Descriptio iuris et iudicii militaris (1640)
- Juris et judicii fecialis sive juris inter gentes ... explicatio (1650)
- Solutio quaestionis veteris et novae, sive de legati delinquentis judice competente(1657)
In virtue of the last two he has the distinction of being one of the earliest systematic writers on international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. According to Thomas Erskine Holland
Thomas Erskine Holland
Sir Thomas Erskine Holland KC, FBA was a British jurist.After school at Brighton College and studies at Oxford, he practiced law as a barrister from 1863 onwards. In 1874, he returned to Oxford, succeeding William Blackstone as Vinerian Reader...
writing in the Dictionary of National Biography
Dictionary of National Biography
The Dictionary of National Biography is a standard work of reference on notable figures from British history, published from 1885...
, Jeremy Bentham
Jeremy Bentham
Jeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism...
's coinage "international law" derives from the phrase jus inter gentes implied by Zouch's 1650 choice of title. Holland also identifies both Zouch and Arthur Duck
Arthur Duck
Arthur Duck, LL.D., was an English lawyer and Member of Parliament.-Life:Born at Heavitree in Devon in 1580, the younger son of Richard Duck of Heavitree, by his wife, Joanna, and younger brother of Nicholas Duck, he was educated at Exeter College and Hart Hall, Oxford , and elected a fellow of...
as pupils of distinction of the civilian John Budden
John Budden
John Budden was an English jurist, Regius Professor of Civil Law at Oxford, and Principal of Broadgates Hall.-Life:He was the son of John Budden of Canford, Dorset—his birthplace. He entered Merton College, Oxford, in Michaelmas 1582, was admitted a scholar of Trinity College, Oxford, on 30 May...
, in the Oxford tradition founded by Alberico Gentili
Alberico Gentili
Alberico Gentili was an Italian jurist. He left Italy due to his Protestant faith, travelled in Central Europe, and emigrated to England. In 1580 he became regius professor of civil law at the University of Oxford...
.