With regard to the Resolutions of the two Houses, it must be remembered that they were formed flagrante ira, on occasion of the Debate concerning the arbitrary Proceedings against Sir John Elliot, Denzill Hollis, &c. A Time when the Contests Between Privilege and Prerogative were carried to the most desperate Extremes; and when many unwarrantable Claims were asserted on each Side, and endeavoured to be supported by straining and perverting every kind of Evidence which could give Colour to unjustifiable Conclusions.
This Point however, concerning the Freedom of parliamentary Debate, was happily adjusted at the late Revolution; and it is declared by the Bill of Rights—"That the Freedom of Speech, and Debates or Proceedings in Parliament, ought not to be impeached or questioned in any Court or Place out of Parliament."
Particular Notice likewise is due to the 28th Hen. VIII. c. 7. concerning the Succession of the Crown : This is not inserted in the Editions of Serjeant Hawkins, or Mr. Cay. They both consider it as repealed by 1 Mary, Sess. 2. c. 1. which is also printed in this Appendix. But the Serjeant has added, that it is revived by 1 Eliz. c. 1. Dr. Gibson likewise speaks of it as repealed [1], but in the Case of Harrison and Burwell [2], Vaughan argues on a Supposition of its being unrepealed. Supposing it however to be repealed by 1 Mary, Sess. 2. c. 1. it does not appear to be revived by 1 Eliz. c. 1. as the Serjeant supposes. But indeed it may very well be doubted whether it be wholly repealed by the Statute of Mary: For after reciting the 25 and 28 of Hen. it is by the third Clause of that Statute enacted, " That as well the said Act of Parliament intitled, An Act declaring the Establishment of the Succession, &c. made in the 25th Year of your Father, be repealed, as also all and every such Clauses, Articles, Branches, and Matters, contained and expressed in the aforesaid Act of Parliament, made in the said 28th Year, or in any other Act: or Acts of Parliament, as whereby your Highness is declared to be illegitimate, &c. shall be repealed." Hereby the Act of the 25th is wholly repealed, and the Act of the 28th seems to be no farther repealed, than with respect to those Clauses which declare the illegitimacy of Mary. Therefore it may reasonably be supposed to stand in Force as to other Points which do not regard that Subject; and it contains some Clauses concerning the Degrees of Marriage prohibited by God's Law, and against the Power of dispensing with Marriages within such Degrees, which are well worthy of observation. It is happy for the Cause of Religion and Liberty, that this Prince found the Pope refractory. Had the Pope favoured Henry's Inconstancy, he probably would never have disputed the Validity of his Holiness's Dispensations. For that he had no Aversion to Papistical Tenets, may be collected from the succeeding Act in this Appendix, viz.
The 31 Hen. VIII. c. 14. " For abolishing Diversity of Opinions in certain Articles concerning Christian Religion." This and some other very singular Acts of this Reign, seem to be levelled more against the Pope than against Popery. By this Act it is most solemnly resolved and agreed, that Priests may not marry, and that private Masses, and auricular Confession, are expedient, and necessary to be retained : With other extraordinary Resolutions, which it is made Felony without Clergy to contradict.
