The History of England in Three Volumes, Vol. I., Part F.: From Charles II. to James II.
David Hume · en
as expert at poisoning as her sister, the Countess of Soissons, would,
with a little phial, execute that design; that upon the king’s death,
the army in Flanders was to come over and massacre the Protestants; that
money was raised in Italy for recruits and supplies, and there should be
no more parliaments; and that the Duke was privy to this whole plan, and
had even entered into the design of Godfrey’s murder, which was executed
in the manner related by France.
The popular leaders had all along been very desirous of having an
accusation against the Duke; and though Oates and Bedloe, in their first
evidence, had not dared to go so far, both Dugdale and Dangerfield
had afterwards been encouraged to supply so material a defect, by
comprehending him in the conspiracy. The commons, therefore, finding
that Fitzharris was also willing to serve this purpose, were not ashamed
to adopt his evidence, and resolved for that end, to save him from
the destruction with which he was at present threatened. The king had
removed him from the city prison, where he was exposed to be tampered
with by the exclusionists; had sent him to the Tower; and had ordered
him to be prosecuted by an indictment at common law. In order to prevent
his trial and execution, an impeachment was voted by the commons against
him, and sent up to the lords. That they might show the greater contempt
of the court, they ordered, by way of derision, that the impeachment
should be carried up by Secretary Jenkins; who was so provoked by the
intended affront, that he at first refused obedience; though afterwards,
being threatened with commitment, he was induced to comply. The lords
voted to remit the affair to the ordinary courts of justice, before
whom, as the attorney-general informed them, it was already determined
to try Fitzharris. The commons maintained that the peers were obliged
to receive every impeachment from the commons; and this indeed seems
to have been the first instance of their refusal: they therefore voted,
that the lords, in rejecting their impeachment, had denied justice, and
had violated the constitution of parliament. They also declared, that
whatever inferior court should proceed against Fitzharris, or any
one that lay under impeachment, would be guilty of a high breach of
privilege. Great heats were likely to ensue; and as the king saw no
appearance of any better temper in the commons, he gladly laid hold of
the opportunity afforded by a quarrel between the two houses, and he
proceeded to a dissolution of the parliament. The secret was so well
kept, that the commons had no intimation of it till the black rod came
to their door, and summoned them to attend the king at the house of
peers.