The sovereigns prerogative and the subjects priviledge discussed betwixt courtiers and patriots in Parliament, the third and fourth yeares of the reign of King Charles : together with the grand mysteries of state then in agitation.

M^r. HACKVVELL of LINCOLNS-INNE his Speech in the Lower-House, 1. May 1628.

SIR,

I Chose rather to discover my weakness by speaking, then to betray my conscience by silence: My opinion is, that we shall do well to∣tally to omit our resolution out of this Bill, and rely onely upon a confirmation of the Laws.

The Objections made against this Opinion are two.

THe first is, that we shall thereby recede from our own reso∣lution.

The second, that by a bare confirmation of the Old Laws without the inserting of our resolution, by way of explanation, we shall be but in the same case as before.

For the first, that though we desire onely a confirmation without adding of our resolution, we do not thereby recede from our resolu∣tion, I reason thus:

Our resolution was drawn out of the sence of those Laws, which are now desired to be confirmed, so that no question can be made by any of us that have thus declared our selves, but that our resolution is virtually contained in those Laws, if that be so, how can our ac∣ceptance of a confirmation of these Laws be a departure from our re∣solution.

Nay, rather we think the contrary is true, he that doubts, that by confirmation of these Laws our resolution is not hereby confirmed, doubts whether we have justly deduced our resolutions out of those Laws, and so calls our resolution into question.

This Argument alone is in my opinion a full answer to that first Objection, that in desiring of a bare confirmation of those Laws we depart from our resolutions. This Argument alone is in my opinion a full answer to that first Objection: that in desiring of a bare confir∣mation of these Laws, we depart from our resolution.

The second Objection is: that if we have nothing but a confirma∣tion, we are in no better case then we were before those late violations of the Law.

This I deny, and do confidently affirm, that although we have no more then a confirmation of those Laws which are recited in the Bill that is now before us, we shall depart hence in far better case then we came, and that in divers respects.

First, some of the Laws recited in this Bill, and desired to be con∣firmed are not printed Laws, and are known to few Professors of the Law, and much less to others, and yet they are Laws of as great conse∣quence for the liberty of the Subject, if not of greater then any that are printed, as namely 25. E. 3. N ^o. 1. That loanes against the will of the lender are against reason and the freedom of the Realm, 36. E. 3. N ^o. 9. By which imprisonments by special commandment without due Pro∣cess are forbidden. These two are not printed.

The excellent Law de tollagio non Concedendo in print hath in a pu∣blick Court been by a great Councellour said to be but a Charter, and no Law.

The Satute 1. Rich. 3. against benevolences is by some opinions in print an absolute Law, if we can get all these goods Laws besides those 6. other, which are expositions of Magna Charta in the point of the freedom, and our Persons to be confirmed and put in one Law to the easie view of all men, is not our Case far better then when we came hither?

Secondly, will not the occasion of the making of this Law of con∣firmation so notoriously known be transmitted to all posterity, cer∣tainly it will never be forgotten, that the occasion thereof was the im∣prisonment of those worthy Gentlemen for not lending, and the reso∣lution in the Kings-bench in denying to bayl them, and is not the oc∣casion of the making of a Law a good rule to expound it. If so, then by giving a confirmation upon this occasion we have bettered our Case very much.

Thirdly, have not the Judges in the Kings-bench in open Parlia∣ment upon our complaint disclaimed to have given any Judgement in the point? which generally before by the Parliament was otherwise conceived, for now they say, it was but an Award and no Judgement, Will such a Notorious Act upon so important an occasion in so pu∣blick a place be quickly forgotten? Nay, will not the memorie of it for ever remain upon Records, is not our Case then much better then when we came hither.

Fourthly, will not the resolution of this House, and all our Ar∣guments and reasons against imprisonment without a Cause expressed (which no doubt by the course we have taken will be transferred to posterity) be a great means to stay any Judge hereafter for declaring any Judgement to the contrary, especially if there be likelyhood of a Parliament, is not our Case in this very much amended?

Lastly, have we not received Propositions from the Lords, where∣in (amongst other things) they declared, that they are not out of love with our proceedings, is not this a great strenghtning to it? but after so long debate amongst them about it, they cannot take any just exception to it; and doth not this also much amend our Case?

From all these reasons, I conclude that the second Objection, that by a confirmation we are in no better case then when we came together, is also a weak Objection.

Now for reasons to move us to proceed in this course of accepting a confirmation. First we have his Majesties gracious promise to yield to a confirmation of the old Laws, from which we may rest most as∣sured he will not depart, If we tender him with all our Proposition to be enacted, we have cause to doubt that we shall loose both the one and the other.

Secondly, we are no less assured of the Lords joyning with us, for in their Propositions sent to us they have delivered themselves to that purpose: This is then a secure way of getting somewhat of great ad∣vantage to us, as we have great hopes, and in a manner assurance on this side: So on the other side we have great doubts and fears, that by offering our resolution to be enacted, we shall loose all.

For first we have had already experience of the Lords, that they are not very foreward to joyn with us in a Declaration of our Proposition to be Law, If they stumble at a Declaration, much more will they in yielding to make Law in the same point.

And have we not much more cause to doubt that his Majesty will not yield unto it, seeing it toucheth him so near, Is it not the notice of his pleasure that hath wrought thus with the Lords?

If we should clog our Bill with our Proposition, and it should be rejected by the Lords, or by the King, is not our resolution much weakned by it? And are we not then in far worse case then before we made it? Our resolution for the rejecting of our Proposition, will tend to a Justification of all that hath been done against us in this great point of our Liberty.

Let us then like wise-men conform our desire to our hopes, and guide our hopes by probabilities, other desires and other hopes are but vain.

This is my poor opinion in this weighty business.