1621.1

ACCORDING TO SELDEN NOT VALID.

333

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 anything 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 in 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 vow myself

From the Temple, February 14, 1621.

My Lord,

Your Lordship's most humble servant,

J. SELDEN.

If your Lordship have done with that 'Mascardus de Interpretatione Statutorum,' I shall be glad that you would be pleased to 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 (with

1 It appears from a statement in the 'Statutes of the Realm,' vol. iv. p. 1208, that the only Acts passed in this Parliament-viz. the Subsidy Acts of the Temporalty and the Clergy-were not enrolled in Chancery: but that "a Roll of this Parliament is preserved in the Rolls office in Chancery, indorsed 'Rotulus judiciorum redditorum in Parliamento tento apud Westm. anno Regis Jacobi Angliæ, etc., decimo octavo":" that "this is referred to by the Calendar of Acts of Parliament at the Rolls, under Anno decimo octavo Jacobi R., as 'An Act containing the censure given in Parliament against Sir Gyles Mompesson, Sir Francis Mitchell, Francis Viscount St. Albane Lord Chancellor of England, and Edward Flood': and that "it contains the several proceedings in Parliament, and the respective judgments of the House of Peers against those offenders."

2 Alderani Mascardi communes conclusiones utriusque juris ad generalem Statutorum Interpretationem accommodatæ.' Printed at Ferrara in 1608. (Note by Birch.)

3 Probably a MS. containing some allusion to the Grand Council called by Hen. 7th in 1596, of which Bacon did not know. See my notes to Bacon's ' Hist. of Henry 7th' for a full explanation of the whole matter. Works, vol. vi. p. 174;

note.

out 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 Bacon.

The case of the judgment in Parliament upon a writ of error. Put by Just. Hu.2

The case of no judgment entered in the Court of Augmentations, or Survey, or first Fruits, which are dissolved, where there may be an entry after out of a paper-book.

Md. All the acts of my proceeding were after the royal assent to the subsidy.

11.

Buckingham had not yet quite recovered from his affront; but he was relenting, and Bacon's great friends were still engaged in persuading him with sweet-meats to be good. It seems hardly credible, and yet it was the opinion of those who had the best means of knowing, that the grievance which he could not get over was after all nothing more than the disappointment about York-house. Bacon had begun to think of offering him Gorhambury to make amends. But that was not what he wanted. The refusal of Yorkhouse to the Duke of Lenox was observed to have had a decidedly good effect. But it was not enough that the Duke should be shut out as well as himself. A man of his own must be put in: and that man must be Cranfield,-being, I suppose, the man whom he could best trust to give it up to himself upon his own terms when he chose (for I had rather not believe that he was selected as the man to whom Bacon would least like to part with it): and upon these terms, strange to say, the business was actually arranged. As soon as this condition was fulfilled Bacon was at last released from his restraint, and allowed to live in London. The history of the negotiation will be found in the letters that follow, some of which are doubtful as to date and may possibly be misplaced. But the correspondence is intelligible enough upon the whole, and leaves no room for any material misunderstanding. Bacon is now at Gorhambury.

1 This does not appear to be quite correct. The Lords had "prested" unto the King, every one for his own part, "great sums of money contented." The King had advanced money out of his own coffers, "yet nevertheless 40,000l. more, as our said Council hath cast it, must of necessity be borrowed," etc. Ibid. 2 Hutton.

1621.] OFFER OF GORHAMBURY TO BUCKINGHAM.

Mr. Matthew,

A LETTER TO MR. MATTHRw.1

335

I hope it may stand with your business to come hither down to me on Monday or Tuesday next. My Lord Digby I understand is in town, my Lord Doncaster not hastily expected; the King far off. I pray you if your business be not very important let me see you one of those days. I do hear from you by Mr. Meautys that I am still much bound to my Lord Digby; I take it I directed Mr. Meautys to tell you that having somewhat better signs of my Lord Marquis's good disposition towards me than when I writ to my Lord Digby last, I would raise my request to his Lordship, that whereas I desired his Lordship to move a temporary leave to come to London next Lent for my health, and Easter term for my business, he would now (if he so think it convenient) deal for a release of the confinement indefinite; for the same reasons of an infirm health and the settling the poor planks of my wracks will continue still. If my Lord Digby make haste to Court, I pray do this before you come down to me; if not, you may defer it till we have spoken. God keep and prosper you.

15th February, 1621.

Your most, etc.

TO THE SAME.2

Good Mr. Matthew,

In this solitude of friends, which is the Base-Court of Adversity, where almost no body 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

1 Addl. MSS. 5503, f. 103.

2 Gibson Papers, vol. viii. f. 161. Copy in Bacon's hand.

3 Love without an end has no end.

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 hands 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 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 ever rest Your most affectionate and assured friend,

Gorhambury, 28 February, 1621.

FR. ST. ALban.

In Matthew's own collection there is another version of this letter, with variations which I do not know how to account for most probably. Had it been in any other collection I should have taken it for an earlier draft; but being addressed to Matthew himself, it seems more likely that it was taken from the letter as he received it. If so, it affords a good illustration of the editorial manipulation to which the letters in that collection have been subjected, and the care which has been used (as I have so often had to notice with regret) to take out of them all allusions to persons and particulars. "Good Mr. Matthew "—the form in which Bacon addressed him in all the letters remaining in manuscript-gives place to "Sir." This was in modesty, the collector never appearing himself except as a "friend," or a servant." "A saying of my Lord Ambassador of Spain" becomes a "Spanish saying." "His excellent Lordship" is

66

1621-2.]

GONDOMAR TO BE NEGOTIATOR.

337

turned into "your friend and mine": "the magnanimity of his own nation and the cordiality of ours" (by a more unjustifiable licence) is changed into the magnanimity of the old Romans and the cordiality of the old English:" a change not only unwarranted but destructive of the point of the observation; and suggested probably by an apprehension that the allowance of any virtue to Spain would be too shocking for English ears. The reference to "my Lord Marquis " is omitted altogether. Instead of the particular description of the overture which was the business of the letter, we find only "you know what I have to say to the great Lord." And "My Lord Ambassador" is again concealed under the general description of "this gentleman." That the conclusion varies from the Lambeth manuscript, both by addition and omission, and without any apparent motive, may be explained perhaps by supposing that the Lambeth copy was the draft, and that in writing it fair Bacon himself made changes. But the changes which I have noticed above are such as could not possibly be accounted for by that supposition. They are evidently due to the discretion of the editor in preparing the manuscript for publication; and I have been the more particular in noticing them, because I have reason to believe that all the letters in Matthew's collection have been treated in the same way: and therefore where any thing turns upon a particular expression, we must always remember that we cannot be sure that it was Bacon's

own.

Here follows the entire letter as Matthew gives it, p. 51.

MY LORD OF ST. ALBAN'S TO A CERTAIN FRIEND ACKNOWLEDGING THE TRUTH OF AFFECTION, WHICH HE FOUND TO BE IN A CERTAIN GREAT MAN.

Sir,

In this solitude of friends, which is the base-court of adversity, where nobody almost will be seen stirring, I have often remembered this Spanish saying, Amor sin fin no tiene fin. This bids me make choice of your friend and mine for his noble succours, not now towards the aspiring, but only the respiring of my fortunes. I, who am a man of books, have observed that he hath both the magnanimity of the old Romans and the cordiality of the old English; and withal I believe 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 my just value, and to love me so much above the possibility of deserving or obliging on my part, as if he were a friend created and reserved for such a time as this. You know what I have to say to the great Lord, and I conceive it cannot pass so fitly to him by the mouth of any, as of this gentleman; and therefore do your best, which I know will be of power enough, to engage him both in the substance and

VOL. VII.

2