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they please. I know not how peradventure this might occasion you to cast your thoughts, touching yourself, into some new mould, though not in the main, yet in something on the bye.
I beg leave to kiss your lordship's hands.
Your lordship's in all humbleness for ever to honour and serve you.
LODOWIC STEWART, DUKE OF LENOX, TO former love and good affection, I rest
THE LORD VISCOUNT ST. ALBAN.
It is not unknown to your lordship, that in respect I am now a married man, I have more reason than before to think of providing me some house in London, whereof I am yet destitute; and for that purpose, I have resolved to entreat your lordship, that I may deal with you for York-house; wherein I will not offer any conditions to your loss. And, in respect I have understood, that the consideration of your lady's wanting a house hath bred some difficulty in your lordship to part with it, I will for that make offer unto your lordship and your lady, to use the house in Cannon-row, late the earl of Hertford's, being a very commodious and capable house, wherein I and my wife have absolute power; and whereof your lordship shall have as long time as you can challenge or desire of York-house. In this I do freelier deal with your lordship, in respect I know you are well assured of my well-wishes to you in general; and that in this particular, though I have not been without thoughts of this house before your lordship had it, yet I was willing to give way to your lordship's more pressing use thereof then. And as I do not doubt of your lordship's endeavour to gratify me in this; so I shall esteem it as an extraordinary courtesy, which I will study to requite by all means.
So, with my best wishes to your lordship, I rest
LENOX. In respect my lord of Buckingham was once desirous to have had this house, I would not deal for it till now, that he is otherwise provided.
Whitehall, the 29th of January, 1621. To the right honourable my very good lord, my lord viscount St. Alban.
ANSWER OF THE LORD VISCOUNT ST. ALBAN.
MY VERY GOOD LORD,
I AM Sorry to deny your Grace any thing; but in this you will pardon me. York-house is the house,
confine himself to the lord viscount Wallingford's house or neighbourhood." Mr. Chamberlain, in a MS. letter to Sir Dudley Carle
wherein my father died, and wherein I first breathed; and there will I yield my last breath, if so please God, and the king will give me leave; though I be now by fortune, as the old proverb is, like a bear in a monk's hood. At least no money, no value, shall make me part with it. Besides, as I never denied it to my lord marquis, so yet the difficulty I made was so like a denial, as I owe unto my great love and respect to his lordship a denial to all my other friends; among whom, in a very near place next his lordship, I ever account of your Grace. So not doubting, that you will continue me in your
Your Grace's, to do you humble service affectionate, &c.
TO THE MARQUIS OF BUCKINGHAM.
MY VERY GOOD LORD,
As my hopes, since my misfortunes, have proceeded of your lordship's mere motion, without any petition of mine; so I leave the times and the ways to the same good mind of yours. True it is, a small matter for my debts would do me more good now, than double a twelvemonth hence. I have lost six thousand pounds by year, besides caps and courtesies. But now a very moderate proportion would suffice for still I bear a little of the mind of a commissioner of the treasury, not to be over chargeable to his Majesty; and two things I may assure your lordship of; the one, that I shall lead such a course of life, as whatsoever the king doth for me, shall rather sort to his Majesty's and your lordship's honour, than to envy; the other, that whatsoever men talk, I can play the good husband, and the king's bounty shall not be lost. If your lordship think good, the prince should come in to help; I know his highness wisheth me well; if you will let me know when, and how, he may be used. But the king is the fountain, who, I know, is good. God prosper you.
Your lordship's most bounden and faithful FR. ST. ALBAN. Gorhambury, January 30, 1621.
TO THE MARQUIS OF BUCKINGHAM.
YOUR lordship dealeth honourably with me in giving me notice, that your lordship is provided of a house, whereby you discontinue the treaty your lordship had with me for York-house, although I shall make no use of this notice, as to deal with any other. For I was ever resolved your lordship should have had it, or no man. But your lordship doth yet more nobly, in assuring me, you never
ton, dated at London, January 19, 1621-2, mentions, that the marquis of Buckingham had contracted with the lord and lady Wallingford, for their house near Whitehall, for some money
meant it with any the least inconvenience to myself. | subsidy, hinder it. For that only prevented the May it please your lordship likewise to be assured from me, that I ever desired you should have it, and do still continue of the same mind.
determination of the session at that instant; but did not prevent the being of a session, whensoever the parliament should be dissolved. But because that point was resolved in the proclamation, and also in the commission of dissolution on the 8th of February, I will rest satisfied.
I humbly pray your lordship, to move his Majesty to take some commiseration of my long imprisonment. When I was in the Tower, I was nearer help of physic; I could parley with my cre ditors; I could deal with friends about my business; I could have helps at hand for my writings and studies, wherein I spend my time; all which here fail me. Good my lord, deliver me out of this; me who am his Majesty's devout beadsman, and
Your lordship's most obliged friend and faithful servant, FR. ST. ALBAN. Gorhambury, this 3rd of Feb. 1621.
JOHN SELDEN, ESQ. TO THE LORD VISCOUNT ST. ALBAN.
MY MOST HONOURABLE LORD,
AT your last going to Gorhambury, you were pleased to have speech with me about some passages of parliament; touching which, I conceived, by your lordship, that I should have had farther direction by a gentleman, to whom you committed some care and consideration of your lordship's intentions therein. I can only give this account of it, that never was any man more willing or ready to do your lordship service, than myself; and in that you then spake of, I had been most forward to have done whatsoever I had been, by farther direction, used in. But I understood, that your lordship's pleasure that way was changed. Since, my lord, I was advised with, touching the judgments given in the late parliament. For them, if it please your lordship to hear my weak judgment expressed freely to you, I conceive thus. First, that admitting it were no session, but only a convention, as the proclamation calls it; yet the judgments given in the upper house, if no other reason be against them, are good; for they are given by the lords, or the upper house, by virtue of that ordinary authority, which they have as the supreme court of judicature; which is easily to be conceived, without any relation to the matter of session, which consists only in the passing of acts, or not passing them, with the royal assent. And though no session of the three states together be without such acts so passed; yet every part of the parliament severally did its own acts legally enough to continue, as the acts of other courts of justice are done. And why should any doubts be, but that a judgment out of the king's bench, or exchequer-chamber, reversed there, had been good, although no session? For there was truly a parliament, truly an upper house, which exercised by itself this power of judicature, although no session. Yet withal, my lord, I doubt, it will fall out, upon fuller consideration, to be thought a session also. Were it not for the proclamation, I should be clearly of that mind; neither doth the clause, in the act of
But there are also examples of former times, that may direct us in that point of the judgment, in regard there is store of judgments of parliament, especially under Edward I. and Edward II. in such conventions, as never had, for aught appears, any act passed in them.
Next, my lord, I conceive thus; that by reason there is no record of those judgments, it may be For thus justly thought, that they are of no force. it stands. The lower house exhibited the declarations in paper; and the lords, receiving them, proceeded to judgment verbally; and the notes of their judgments are taken by the clerk, in the journal only; which, as I think, is no record of itself, neither was it ever used as one. Now the record, that in former times was of the judgments and proceedings there, was in this form. The accusation was exhibited in parchment; and being so received, and indorsed, was the first record; and that remained filed among the bills of parliament, it being of itself as the bills in the king's bench. Then out of this there was a formal judgment, with the accusation entered into that roll, or second record, which the clerk transcribes by ancient use, and sends into the chancery.
But in this case there are none of these: neither doth any thing seem to help to make a record of it, than only this, that the clerk may enter it, now after the parliament; which, I doubt, he cannot. Because, although in other courts the clerks enter all, and make their records after the term; yet in this parliamentary proceeding it falls out, that the court being dissolved, the clerk cannot be said to have such a relation to the parliament, which is not then at all in being, as the prothonotaries of the courts of Westminster have to their courts, which stand only adjourned. Besides, there cannot be an example found, by which it may appear, that ever any record of the first kind, where the transcript is into the chancery, was made in parliament; but only sitting the house, and in their view. But this I offer to your lordship's farther consideration, desiring your favourable censure of my fancy herein; which, with whatsoever ability I may pretend to, shall ever be desirous to serve you, to whom I shall perpetually own myself
Your lordship's most humble servant, J. SELDEN. From the Temple, February xiv. ciɔdexxi.
IF your lordship have done with that Mascardus de Interpretatione Statutorum,* I shall be glad that
*Alderani Mascardi communes conclusiones utriusque
juris ad generalem statutorum interpretationem accommodata. Printed at Ferrara, 1608.
you would give order that I might use it. And for that of 12 Hen. 7. touching the grand council in the manuscript, I have since seen a privy seal of the time of Henry 7. (without a year) directed to borrow for the king; and in it there is a recital of a grand council, which thought, that such a sum was fit to be levied; whereof the lords gave 40,000l. and the rest was to be gotten by privy seal upon loan. Doubtless, my lord, this interprets that of the manuscript story.
On the back of this letter are the following notes by the lord viscount St. Alban.
"The case of the judgment in parliament, upon a writ of error put by Just. Hu.*
"The case of no judgment entered into the court of augmentations, or survey of first fruits; which are dissolved, where there may be an entry after, out of a paper-book.
"Mem. All the acts of my proceeding were after the royal assent to the subsidy."
TO MR. TOBIE MATTHEW.†
GOOD MR. MATTHEW,
In this solitude of friends, which is the base court of adversity, where almost nobody will be seen stirring, I have often remembered a saying of my lord ambassador of Spain,§" Amor sin fin no tiene fin." This moveth me to make choice of his excellent lordship for his noble succours towards not the aspiring but the respiring of my fortunes.
I, that am a man of books, have observed his lordship to have the magnanimity of his own nation, and the cordiality of ours; and, by this time, I think he hath the wit of both. Sure I am, that for myself I have found him, in both my fortunes, to esteem me so much above value, and to love me so much above possibility of deserving, or obliging on my part, as if he were a friend reserved for such a time as this. I have known his lordship likewise, while I stood in a stand where I might look about, a most faithful and respective friend to my lord marquis; who, next the king and the prince, was my raiser, and must be, he or none, I do not say my restorer, but my reliever.
I have, as I made you acquainted at your being with me, a purpose to present my lord marquis with an offer of my house and lands here at Gorhambury; a thing, which, as it is the best means I have now left to demonstrate my affection to his lordship, so I hope it will be acceptable to him. This proposition I desire to put into no other hand but my lord ambassador's, as judging his hand to be the safest, the most honourable, and the most effectual for my good, if my lord will be pleased to deal in it. And when I had thus resolved, I never sought, nor thought of any mean but yourself, being so pri
vate, faithful, and discreet a friend to us both. desire you therefore, good Mr. Matthew, to acquaint my lord ambassador with this overture; and both to use yourself, and desire at his lordship's hands, secrecy therein; and withal to let his lordship know, that in this business, whatsoever in particular you shall treat with him, I shall not fail, in all points, to make good and perform. Commend my humble service to his lordship. I
Your most affectionate and assured friend,
Gorhambury, Feb. 28, 1621.
TO THE MARQUIS OF BUCKINGHAM.
MY VERY GOOD LORD,
THOUGH I have returned answer to your lordship's last letter by the same way, by which I received it; yet I humbly pray your lordship to give me leave to add these few lines.
My lord, as God above is witness, that I ever have loved and honoured your lordship, as much, I think, as any son of Adam can love or honour any subject, and continue in as hearty and strong wishes of felicity to be heaped and fixed upon you, as ever; so, as low as I am, I had rather sojourn in a college in Cambridge, than recover a good fortune by any other but yourself. Marry, to recover yourself to me, if I have you not, or to ease your lordship in any thing, wherein your lordship would not so fully appear, or to be made participant of your favours in your own way, I would use any man, that were your lordship's friend; and therefore, good my lord, in that let me not be mistaken. Secondly, if in any of my former letters I have given your lordship any distaste by the style of them, or any particular passages, I humbly pray your lordship's benign construction and pardon. For, I confess, it is my fault, though it be some happiness to me withal, that I do most times forget my adversity. But I shall never forget to be
Your lordship's most obliged friend and faithful
March 5, 1621.
Fragments of several kinds.
My meaning was, if my lord should obtain for me, by his noble mediation, in consideration of my services past, and other respects, to do that, for my relief, which I was suitor for by my lord's noble mediation, and whereof I was in good hope, to have presented my lord with Gorhambury in possession, out of gratitude and love, for nothing.
Count Gondomar, who returned to Spain about March 1621-2.
|| Love without ends hath no end."
My meaning was, if my lord should prevail for me in my suit to the king for reward of services, and relief of my poor estate, to have presented him with Gorhambury, out of gratitude and love, for nothing, except some satisfaction to my wife, for her interest.
If my lord like better to proceed by way of bar-him before he go. gain, so I find that I may but subsist, I will deserve of his honour, and express my love in a friendly pennyworth.
The reasons, stalling my debts.
Willingness in my friends to help me.
The pretence, that the king would give me direction, in what nature of writings to expend my time.
However, he wisheth that your lordship would lose no time in returning an answer, made all of sweetmeats, to my lord marquis's letter, which, he is confident, will be both tasted and digested by him.
The third point to be added:
This as his work.] The more for kissing the And Sir Edward wisheth, that the other letter to king's hands presently,
The letter to expect yet, and the manner of the delivery.
That my lord do not impute it, if he hear I deal with others; for he shall better perceive the value, and I shall make it good to his lordship, being my state requireth speed.
It is doubtful, whether the king will come to-morrow or not; for they say he is full of pain in his feet.
My lord marquis came late to town last night, and goeth back this evening: and Sir Edward Sackville watcheth an opportunity to speak with
TO THE LORD VISCOUNT ST. ALBAN.
MAY IT PLEASE YOUR LORDSHIP,
REMEMBERING, that the letter your lordship put yesterday into my hand was locked up under two or three seals, it ran in my head, that it might be business of importance and require haste; and not finding Mr. Matthew in town, nor any certainty of his return till Monday or Tuesday, I thought it became me to let your lordship know it, that so I might receive your lordship's pleasure, if need were, to send it by as safe a hand as if it had three seals
My lord, I saw Sir Arthur Ingram, who let fall somewhat as if he could have been contented to have received a letter by me from your lordship, with something in it like an acknowledgment to my lord treasurer,* that by his means you had received a kind letter from my lord marquis. But, in the close, he came about, and fell rather to excuse what was left out of the letter, than to please himself much with what was in it. Only indeed he looked upon me, as if he did a little distrust my good meaning in it. But that is all one to me; for I have been used to it, of late, from others, as well as from him. But persons apt to be suspicious may well be borne with; for certainly they trouble themselves most, and lose most by it. For of such it is a hard question, whether those be fewest whom they trust or those who trust them. But for him, and some others, I will end in a wish, that as to your lordship's service, they might prove but half so much honester, as they think themselves wiser, than other men.
my lord marquis, for presenting your discourse of laws to his Majesty, might follow the first. I humbly rest
Your lordship's for ever truly to honour and
Martii 3, 1621.
TO THE LORD VISCOUNT ST. ALBAN.
MAY IT PLEASE YOUR LORDSHIP,
I HAD not failed to appear this night upon your lordship's summons, but that my stay till to-morrow I knew would mend my welcome, by bringing Mr. Matthew, who means to dine with your lordship only, and so to rebound back to London, by reason my lord Digby's journey calls for him on the sudden. Neither yet was this all that stayed me; for I hear somewhat, that I like reasonably well; and yet I hope it will mend too; which is, that my lord marquis hath sent you a message by my lord of Falkland, which is a far better hand than my lord treasurer's, that gives you leave to come presently to Highgate and Sir Edward Sackville, speaking for the other five miles, my lord commended his care and zeal for your lordship, but silenced him thus:
Let my lord be ruled by me: it will be never the worse for him." But my lord marquis saying farther to him, "Sir Edward, however you play a good friend's part for my lord St. Alban, yet I must tell you, I have not been well used by him." And Sir Edward desiring of him to open himself in whatsoever he might take offence at; and withal, taking upon him to have known so much from time to time, of your lordship's heart, and endeavours towards his lordship, as that he doubted not but he was able to clear any mist, that had been cast before his lordship's eyes by your enemies; my lord marquis, by this time being ready to go to the Spanish ambassador's to dinner, broke off with Sir Edward, and told him that after dinner he would be back at Wallingford-house, and then he would tell Sir Edward more of his mind; with whom I have had newly conference at large, and traced out to him, as he desired me, some particulars of that, which they call a treaty with my lord treasurer about Yorkhouse, which Sir Edward Sackville knows how to put together, and make a smooth tale of it for your
* Lionel, lord Cranfield, made lord treasurer in Oct. 1621. | lordship; and this night I shall know all from him,
and to-morrow by dinner, I shall not fail to attend
Your lordship's in all truth to honour and
Received March 11.
TO HENRY CARY, LORD VISCOUNT
MY VERY GOOD LORD,
YOUR lordship's letter was the best letter I received this good while, except the last kind letter from my lord of Buckingham, which this confirmeth. It is the best accident, one of them, amongst men, when they hap to be obliged to those, whom naturally and personally they love, as I ever did your lordship; in troth not many between my lord marquis and yourself; so that the sparks of my affection shall ever rest quick, under the ashes of my fortune, to do you service; and wishing to your fortune and family all good.
Your lordship's most affectionate and much
I pray your lordship to present my humble service and thanks to my lord marquis, to whom, when I have a little paused, I purpose to write; as wise to his Majesty, for whose health and happiness, as his true beadsman, I most frequently pray. Indorsed, March 11, Copy of my Answer to Lord Falkland.
TO THE LORD TREASURER.†
MY VERY GOOD LORD,
I HAVE received, by my noble friend, my lord viscount Falkland, advertisement, as from my lord marquis, of three things; the one, that, upon his lordship's motion to his Majesty, he is graciously pleased to grant some degree of release of my confinement. The second, that if I shall gratify your lordship, who, my lord understandeth, are desirous to treat with me about my house at London, with the same, his lordship will take it as well, as if it was done to himself. The third, that his Majesty hath referred unto your lordship the consideration of the relief of my poor estate. I have it also from other part, yet by such, as have taken it immediately from my lord marquis, that your lordship hath done me to the king very good offices. My lord, I am much bounden to you: wherefore if you shall be pleased to send Sir Arthur Ingram, who formerly moved me in it for your lordship, to treat farther with me, I shall let your lordship see how affectionately I am desirous to pleasure your lordship after my lord of Buckingham.
So wishing your lordship's weighty affairs, for his Majesty's service, a happy return to his Majesty's contentment, and your honour, I rest
Your lordship's very affectionate to do you service,
FR. ST. ALBAN.
March 12. To the Lord Treasurer.
For the particular business of York-house, Sir Arthur Ingram can bear me witness, that I was ready to leave the conditions to your lordship's own like-making: but since he tells me plainly, that your lordship will by no means have to be so, you will give me leave to refer it to Sir Arthur Ingram, who is so much your lordship's servant, and no less faithful friend to me, and understands values well, to set a price between us.
For the reference his Majesty hath been graciously pleased, at my lord marquis's suit, to make unto your lordship, touching the relief of my poor estate,‡ which my lord of Falkland's letter hath signified, warranting me likewise to address myself to your lordship touching the same; I humbly pray your lordship to give it despatch, my age, health, and fortunes, making time to me therein precious. Wherefore, if your lordship, who knoweth best what the king may best do, have thought of any particular, I would desire to know from your good lordship : otherwise I have fallen myself upon a particular, which I have related to Sir Arthur, and, I hope, will seem modest, for my help to live and subsist. As for somewhat towards the paying off my debts, which. are now my chief care, and without charge of the king's coffers, I will not now trouble your lordship; but purposing to be at Chiswick, where I have taken a house, within this sevennight, I hope to wait upon your lordship, and to gather some violets in your garden, and will then impart unto you, if I have thought of any thing of that nature for my good. So I ever rest, &c.
TO THE LORD TREASURER.
MY VERY GOOD Lord,
THE honourable correspondence, which your lordship hath been pleased to hold with my noble and constant friend, my lord marquis, in farthering his Majesty's grace towards me, as well concerning my liberty, as the consideration of my poor estate, hath very much obliged me to your lordship, the more by how much the less likelihood there is, that I shall be able to merit it at your lordship's hands. Yet thus much I am glad of, that this course, your lordship holds with me, doth carry this much upon itself, that the world shall see in this, amongst other things, that you have a great and noble heart.
from Gorhambury, 20th of March, 1621-2, thanks his Majesty for referring the consideration of his broken estate to his good lord the lord treasurer.