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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 subsidy, hinder it. For that only prevented the 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.
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 justly thought, that they are of no force. For thus 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, thau 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 parlia
mentary 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,
From the Temple, February
IF your lordship have done that with Mascardus de Interpretatione Statutorum, (a) I shall be glad, that 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. (b)
(a) Alderani Mascardi communes conclusiones utriusque juris ad generalem statutorum interpretationem accommodata: printed at Ferrara, 1608.
"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. (a)
Good Mr. Matthew,
In this solitude of friends, which is the base court (b) of adversity, where almost no body will be seen stirring, I have often remembered a saying of my lord ambassador of Spain, (c) Amor sin fin no tiene fin. (d) 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) This, and the following letter of March 5, 1621-2, to the marquis of Buckingham, are inserted from the originals, much more complete and exact, than the copies of them printed in his works.
(b) Basse cour.
(c) Count Gondomar, who returned to Spain about March 1621-2. (d) Love without ends hath no end.
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 And good, if my lord will be pleased to deal in it. when I had thus resolved, I never sought, nor thought of any mean but yourself, being so private, faithful, and discreet a friend to us both. I 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.
FR. ST. ALBAN.
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 stile 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
March 5, 1621.
FR. ST. ALBAN.
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.
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 bargain, so I find that I may but subsist, I will deserve of his honour, and express my love in a friendly pennyworth.
The third point to be added:
This as his work.] The more for kissing the king's hands presently.
The reasons, stalling my debts.
None will be so bold as to oppress me.
The pretence, that the king would give me direction, in what nature of writings to expend my time.