33 Car. II. That they had Voted, No Man fhould 4.D.1681. lend him Money, or buy any Tally of Anticipation, c. (as has been recited already) thereby expofing the Nation to all Dangers that might happen either at home or abroad, endeavouring to deprive him of the Poffibility of fupporting the Government, and reducing him to a more helpless Condition than the meaneft of his Subjects. That they alfo pafs'd another Vote against the Profecution of the Diffenters upon the Penal Laws, (as recited above) Affuming thereby the Power of fufpending Acts of Parlia ment. That having for thefe Reafons diffolved the Weftminifter-Parliament, and affembled another at Oxford, He gave them Warning of the Errors of the former; adding, That he would not depart from his Refolution concerning the Succeffion, but was ready to hearken to any other Expedient for preferving the Establifhed Religion, but he faw that no Expe dient would be entertain'd fhort of a total Exclufion, which he apprehended must be the Occafion of another Civil War, or at leaft make it neceffary to maintain a standing Force, for the Prefervation of the Government: That he had Reafon to believe, from what had pafs'd, that if he could have been brought to confent to the Bill of Exclufion, the Intent of the Commons was not to reft there, but to pafs further, and attempt fome other great and important Changes, even in his own Time: That the Bufinefs of FitzHarris, who was impeach'd by the Commons of High Treafon, and by the Lords referred to the Ordinary Courfe of Law, was on a fudden carried to that Extremity by the VOL. XXIII. Commons, Р 33 Car.II. A.D.1681. Commons, that there was no Poffibility of a Reconciliation; and as they had made ufe of this Impeachment to delay a Trial, his Majefty had directed against a profefs'd Papift, charged with Treafons of an extraordinary Nature, the Houfe of Peers did themfelves Right in refufing to give Countenance to fuch a Proceeding: That, when after, the House was so far tranfported to Vote the Proceedings of the other to be a Denial of Juftice, a Violation of the Conftitution of Parliaments, &c. without Conferences firft had to examine the Grounds of fuch Proceedings; this put the two Houfes out of a Capacity of tranfacting Business together, and confequently was the highest Violation of the Conftitution of Parliaments, and made it abfolutely neceffary to put an End to that Parliament. The De read in Churches. Which Declaration, being read by his Maclaration jefty's Orders in all the Churches of the Kingdom, 'tis obferved, mightily reconcil'd the People to his Government, especially when they faw the Weaknefs of fome Anfwers to it by Sir William Jones, and other difaffected Members, who, for want of other Arguments, only made fcandalous Reflections on his Majefty, and Monarchy itself: For thofe Libels fuggefted, That the King was no more, than the Officer and Servant of the People, and that he ought to tranfact nothing but by their Advice and Direction; the very Doctrine the Incendiaries went upon, who kindled the laft Civil War. But his Majefty foon difcovered a Spirit, that fubdued all their feeble Efforts to wreft the Government out of his Hands: And the People were fo fenfible of the Indignities that had 33 Car. II. had been put upon him by the Commons, that 4D.1681. dutiful Addreffes were brought him from all Parts of the Kingdom, That they would ftand by him with their Lives and Fortunes, Dutiful in the Support of the Established Govern- Addreffes ment against all Sectaries and Republicans; jesty. to his Ma who were known to be the Authors of thefe Disturbances, and were about this Time ex- Dryden and pofed in their proper Colours, by Mr. Dry- L'Eftrange den and Sir Roger L'Eftrange; the firft in his Heraclitus ridens, and the other in his Obfer- Whigs. vators. expose the of Nobi lity. The King thought fit, foon after the Dif folution of the Parliament, to confer Ho-. nours and Preferments on fome of thofe who had ferv'd him faithfully, and diftinguished, themselves by adhering to his Caufe, notwithstanding the Threats of the Commons; particularly, the Honourable Lawrence Hyde, Creations Efq; was created Baron of Wotton-Baffet, and Viscount Kennelworth; the Right Honourable Heneage Lord Finch, Lord Chancellor of England, was created Earl of Nottingham; and Sir Francis Pemberton, the King's Serjeant, was made Lord Chief Justice of the King's Bench, on the Refignation of the Lord Chief Juftice Scroggs. And now FitzHarris, who had been the Occafion of fuch Contests between the two Houses, being Indicted for High Treafon in the Court of King's Bench on the 26th of April, the Grand Jury made a Scruple of finding the Bill, on Account of his being Impeach'd by the Commons, till the Court acquainted them, That all the Judges of England had refolv'd they might lawfully proceed, notwithstanding the Impeachment, and the Votes of the Commons thereupon. P 2 Where A.D.1681 33 Car. II. Whereupon, the Grand-Jury found the Bill, and Fitz-Harris was Arraigned at the Bar, on the 30th of April, for High TreaFitz-Har- fon, in framing and publishing the Libel alris's Trial. ready mentioned. The Prifoner pleaded to the Jurifdiction of the Court; alledging, That as he ftood Impeached by the House of Commons, he could not be try'd in any of the inferior Courts. To which the King's Council demurred, and four great Council were affign'd the Prifoner to argue in maintenance of his Plea ; viz. Sir Francis Winnington, Mr. Williams, late Speaker of the Commons, Mr. Pollexfen, and Mr. Wallop And on the 7th of May, the Matter was argued at the King's Bench Bar; when Sir Robert Sawyer the Attorney-General, the Solicitor-General Mr. Serjeant Jefferys, and Sir Francis Wittens, Council for the King, declared, That they meddled not with the Privilege of the Houfe of Commons, or the Jurifdiction of the Lords, but only with the Form of the Plea, which they held to be defective; in regard it did not fay, of what Kind of Treafon the Prifoner was Impeached; nor fet forth the Impeachment at large, as a Plea to the Jurifdiction ought to do. The Council on both Sides having been heard for feveral Hours, the Judges took four Days Time to deliver their Opinions; when the Prifoner being brought to the Bar again, the Lord Chief Juftice Pemberton, in the Name of the Court, declared, That he and his Brethren had confidered of the Plea with fome other Judges; and that himself, Mr. Juftice Jones, and Mr. Juftice Raymond, were of Opinion, That the Plea was infufficient, Mr. Juftice Dolben alone doubting; and confequently 33 Car. II. quently the Plea was over-ruled, and the 4.D.168 f. Prifoner ordered to plead over; whereupon he pleaded Not Guilty; and because he alledged he had a material Witnefs in Holland, the Trial was put off 'till the Month of June. Earl of Danby; In the mean Time, the Faction had prevail- Fitz-Har ed upon Fitz-Harris to give Evidence to a ris accuses Grand-Jury against one De Puy, who had the Duke the Queen, been Groom of the Stole to the Duke of of York, York Nor did his Evidence affect De Puy and the alone, but the Queen, the Duke, and the Earl of Danby; charging them with the Popish Plot, and Godfrey's Murder: And a Bill of Indictment for Godfrey's Murder, was actually found by the Grand-Jury, against the Earl of Danby and De Puy; but it was never proceeded upon, Fitz Harris retracting his Evidence foon after, and declaring, That But rewhat he had faid was with a Delign to keep tracts his off his Trial till another Parliament: And Evidence. that he was particularly put upon it to accufe the Earl of Danby of Godfrey's Murder, becaufe the Crime of Murder was not inferted in his Pardon. endeavour Fitz-Harris being brought to his Trial The the 9th of June, the Whigs did all that lay Whigs in their Power to fave him, by tampering to fave with the Jury, and otherwife: But the Libel him. mentioned in the Indictment, was fo fully proved by Everard Smith and Sir William Waller, that he could not deny it; and only infinuated, that he had been put upon this by fome great People about the Court, in order to fix a Plot upon the Whigs; and The fummon'd the Lord Howard, the Dutchefs of Dutchefs of Portf Portsmouth, and her Woman Mrs. Wall, into mouth Court, to prove the Suggeftion: But they called for a all Witnefs. |