THE PROTESTATION OF THE LORDS Upon rejecting the Impeachment of Mr. Fitz-Harris. March 28. 1681.

BEcause that in all Ages it hath been an Ʋndoubted Right of the Commons, to impeach before the Lords, any Subject, for Treasons, or any Crime what­soever; and the reason is, because great Offences that In­fluence the Parliament, are most effectually determined in Parliament.

We cannot reject the Impeachment of the Commons, because that Suit or Complaint can be determined no where else: For, if the Party Impeached should be Indi­ted in the King's Bench, or in any other Court, for the same Offence, yet it is not the same Suit; for an Impeach­ment is at the Suit of the People, and they have an Inter­est in it, but an Inditement is at the Suit of the King: For, one and the same Offence may intitle several Persons to several Suits; as, if a Murder be commit­ted, the King may indite at his Suit, and the Heir, or the Wife of the Party murdered may bring an Which is alwayes to be preferred, and upon notice thereof, all Prosecutions at the Suit of the King is to stop, till the Pro­secution at the Suit of the Party be de­termined. Appeal; and the King can­not release that Appeal, nor his In­ditement prevent the Proceedings in the Appeal; because the Appeal is the Suit of the Party, and he hath an Interest in it.

It is, as we conceive, an absolute Denial of Justice, in re­gard, as it is said before, the same Suit cannot be tryed any where else. The House of Peers, as to Impeachments, proceed by virtue of their Judicial Power, and not by their Legislative; and as to that, act as a Court of Re­cord, and can deny Suitors (especially the Commons of England, that bring Legal Complaint before them) no more than the Justices of Westminster-Hall, or other Courts can deny any Suit or Criminal Cause, that is regularly com­menced before them.

Our Law saith, in the Person of the King, Nulli nega­bimus Justitiam, we will deny Justice to no single Person; yet here, as we apprehend; Justice is denied to the whole Body of the People; this may be interpreted, an Exer­cising of Arbitrary Power, and will, as we fear, have In­fluence upon the Constitution of the English Government, and be an Incouragement to all inferiour Courts, to ex­ercise the same Arbitrary Power, by denying the Present­ments of Grand Juries, &c. for which, at this time, the Chief Justice stands impeached in the House of Peers.

These Proceedings may misrepresent the House of Peers to the King and People, especially, at this time; and the more, in the particular Case of Edward Fitz-Harris, who is publickly known to be concerned in vile and horrid Treasons against his Majesty, and a great Conspirator in the Popish Plot, to murder the King, and destroy and subvert the Protestant Religion.

  • Monmouth
  • Kent
  • Huntington
  • Bedford
  • Salisbury
  • Clare
  • Stamford
  • Sunderland
  • Essex
  • Shaftsbury
  • Macklesfield
  • Mordant
  • Wharton
  • ⟨Westmorland⟩
  • Paget
  • Grey of Wark
  • Herbert of Cherbury
  • Cornwallis
  • Lovelace
  • Crew

LONDON, Printed for Francis Smith, at the Elephant and Castle in Cornhill. MDCLXXXI.

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