.

That the Duchefs Dowager of Norfolk, the K. Henry VIII. Countess of Bridgewater, her Daughter, the Lord William Howard and his Lady, with other four Men and five Women, already arraigned by the Course of common Law, that knew the Queen's vicious Life, and had concealed it,fhould be attainted of Mifprifion of Treason.

It was also enacted, That whofoever knew any Thing of the Queen's Incontinence, for the Time being, fhould reveal it with all poffible Speed, under the Pains of Treason. That if the King or his Succeffors fhould intend to marry any Woman, whom they took to be a pure and clean Maid, if fhe, not being fo, did not declare the fame to the King, it fhould be High Treafon; and all who knew it and did not reveal it, were guilty of Mifprifion of Treafon: And if the Queen, or the Wife to the Prince, fhould procure any Man, by Meffages or Words, to know her carnally, or any other fhould be Sollicitors for her in this Affair, they, their Counsellors, and Abettors, fhould be adjudged as Traitors.

Bishop Burnet makes fome Reflections on these two laft Claufes in the Act; he writes, That it was thought extreme cruel to be fo fevere to the Queen's Kindred, for not discovering her former ill Life; fince the making fuch Discovery had 'been inconfiftent with the Rules of Juftice or 'Decency. The old Duchefs of Norfolk, her Grandmother, had bred her up from a Child; and for her to go and tell the King that she was 6 a Whore, when he intended to marry her, was ' a Thing unheard of; and the not doing it could ' not have drawn so severe a Punishment from any but a Prince of that King's Temper. But the < King pardoned her and feveral of the reft, tho' • fome continued in Prifon when the reft were difcharged.

For the other Part of the Act, obliging a • Woman to reveal her own former Incontinence, "if the King intended to marry her, it was thought a Piece of grievous Tyranny: Since if a King,

efpe

K. Henry VIII.

Acts paffed.

efpecially one of fo imperious a Temper as this
was, fhould defign fuch an Honour to any of his
Subjects who had failed in their former Life,
they muft either defame themselves, by publish-
ing fo difgraceful a Secret, or run the Hazard of
being afterwards attainted of Treason. Upon
this, thofe that took an indiscreet Liberty to rally
that Sex, unjustly and severely faid, That the
King could induce none that was reputed a Maid
to marry
him: So that not fo much Choice as
Neceffity put him on marrying a Widow about
two Years after this ".

The Journal gives the Titles of forty-four private and public Acts paffed in this Seffion of Parliament; the Statute-Books only thirty-nine. What are the most remarkable amongst these Acts, Lord Herbert hath extracted as follows:

That they who, under Colour of a falfe Token or counterfeit Letter, got other Men's Money into their Hands, fhould be punished at the Discretion of those before whom they were convicted, any Way but Death.

'It was declared alfo how many Ston'd Horses C every Man fhould keep according to his Degree. But this was afterwards repealed; though yet of fpecial Ufe in Defence of the Kingdom, when due Regard of the Perfons were had.

Further it was declared who might also shoot in Guns and Crofs Bows.

Moreover, that fhooting with Bows and Arrows fhould be used, and unlawful Games de"barred.

The Order alfo for Punifhment of Murder and Bloodfhed in the King's Court, with all the Ceremonies thereof, was fet down; the Occafion, it feems, being given by Sir Edmond Knevet, who, being lately condemned to lofe his Hand for this Fault, was yet pardoned.

The Authority of the Officers of the Court of • Wards and Liveries was fet down.

• That

e Burnet's Hiftory of the Reformation, Vol. I. p. 314. This Act was repealed, í Ed. VI. cap. xii, 1 Mariæ I,

• That in certain Cafes there should be Trial of K. Henry VIII. 'Treafon in any County where the King by Com'miffion will appoint; and this faved much Trou'ble and Charges: For as divers Things were made Treafon in this King's Time, which yet were repealed afterwards, fo the Lords of the Council 'were not only continually vexed with thefe Bufineffes, but the King at great Charges in remanding the Prisoners.'

That none fhould be Juftice of Affize in his own Country.

• The Court of Surveyors of the King's Lands, 'the Names of the Officers there, and their Authority, were fet down.

All Practice of Conjuration, Witchcraft, and false Prophefy, was made Felony.'

On the first Day of April the King came to the Houfe of Lords, when we are only told by the Journal, that the Parliament was prorogued from that Day to the third of November following. We shall only mention one Thing more, which happened during this Seffion, related by the Noble Hiftorian, as a Wrong done to the antient Privilege of Parliaments.

Remarkable

Member of the

It feems that a Member of the House of Commons was arrested, in an Action of Debt, whilst Proceedings on the House was fitting. The King was no fooner the arrefting a informed of this, than he not only permitted the Houfe of ComCommons to releafe him, but he punished the mons. Offenders. The two Sheriffs of London were committed Prifoners to the Tower; one of the Bailiffs to a Place called Little-Eafe, and the reft to Newgate. By which Means, adds he, the King, whofe Mafter-piece it was to make Use of his Parliaments, not only let Foreign Princes fee the good Intelligence between him and his Subjects, but kept them all at his Devotion.'

This is all the Noble Hiftorian fays of this Matbut one of our antient Chronicles is much more circumftantial about it: Becaufe, fays this Author,

ter;

Hollingshead, p. 955, 956.

as

K. Henry VIII. as the Cafe hath been diverfly reported, and is commonly alledged as a Precedent for the Privilege of Parliament, he had endeavoured to learn the Truth thereof, and to set forth all the Circumftances at large from those who, by their Inftructions, ought beft to know and remember it.

This Author tells us, That the Member's Name was George Ferrers, Efq; a Servánt of the King's, and elected a Burgefs for the Town of Plymouth, in Devonshire: That one Day as he was going to the Parliament-House he was arrefted, by a Process out of the King's Bench, at the Suit of one White, for the Sum of two hundred Marks, for which he flood engaged, as a Surety, for one Weldon, of Salisbury, and carried to the Counter in Broadftreet. Sir Thomas Moyle, Knt. the Speaker, being inform'd of this, acquainted the Houfe with it, who forthwith ordered the Serjeant at Arms to repair to the faid Prifon and demand the Prisoner.

The Serjeant went immediately to the Counter, but the Clerks and Officers there were fo far from delivering the Prifoner, that they forcibly refifted him; broke the Serjeant's Mace, and knocked down his Servant. During this Squabble the two Sheriffs of London, Rowland Hill and Henry Suchcliff, came thither, to whom the Serjeant complained of this Abufe, and of them required the Delivery of the imprisoned Member; but they not only denied to deliver him, but treated the Serjeant very contemptuously; and he was forced to return without him to the House.

Finding the Members ftill fitting, the Serjeant declared to the Speaker all the Circumftances of his ill Ufage; upon hearing of which the whole House, among whom were feveral of the King's Privy Council and Chamber, would fit no longer without their Brother Member; but rofe up and went in a Body to the House of Lords, where their Speaker informed the Chancellor what a great Indignity was put upon them. The Lords and Judges there aflembled, took the Contempt to be of a very high Nature, and referred the Punishment of it to an Order

Order of their own House. The Commons re-K. Henry VIII, turning, after fome Debate on the Cafe, foon came to a Refolution to send their Serjeant to the Sheriffs' House, and require the Delivery of the Prisoner without any other Warrant: For tho' the LordChancellor had offered his Writ to them, they refused it; as judging that their Commands were to be executed by their own Serjeant, with his Mace, without any other Authority.

But before the Serjeant at Arms came with this fecond Meffage, the Sheriffs had been told how heinously the Matter was taken; and therefore they now delivered the Prisoner to him without any Hefitation. But the Serjeant's Orders went further; he charged the Sheriffs to appear personally before the House at Eight o'Clock the next Morning, and bring with them the Clerks of the Counter, and fuch other Officers as were concerned in the Affray.

The next Day the Sheriffs, &c. appeared at the Bar of the Houfe; when the Speaker charged them with the Contempt and Misdemeanour, and conimanded them to answer immediately, without allowing them any Counfel; tho' Sir Roger Cholmley, Recorder of London, and others of the City Counsel, offered to speak in the Cause. In the End, the Sheriffs, and White the Profecutor, were committed to the Tower, and the reft to Newgate, as aforefaid. There they remained two Days; and then, on their own Petition, and at the humble Request of the Lord Mayor of London, and other Friends, they were discharged.

But there ftill remained another Difficulty to fettle: The faid Ferrers being condemned in the Debt, and lying in Execution for it, but released by the Privilege of Parliament, could not, by Law, be again put under Execution for the fame Debt; and fo the Party was left without Remedy for his Debt, as well against him as his principal Debtor. This knotty Point in Law was debated in the House for nine or ten Days together. At laft it was refolved to make a particular A&t to revive the Execution of the faid Debt against Weldon, the Prin