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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A83662 The debates in the House of Commons assembled at Oxford March the 21st. 1680. England and Wales. House of Commons. 1681 (1681) Wing E2546A; ESTC R212952 32,268 29

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Gentlemen choose either to be Papists or burnt or hang'd I have no disrespect to the Duke if this Proposal could keep out Popery But if I am to leap over a River I had rather have no Staff than a broken one This can be no Security If you leave it in the power of the Councel to make War and Peace and dispose of Money Pray then where is the Government Either they will be faithful and keep the Law of Regency or the King must be King but in the name and they the Soul of the Government I have heard the Expedients with patience and have not been over-hasty to put the Question But I see no Remedy to save Religion unless excluding the Duke Therefore pray put the Question for the Bill c. The Question was stated R. H. You have been moved to adde to the Duke's Exclusion all other Popish Successours This is a Bill on purpose to Exclude the Duke only You may Exclude all other Papists from Succeding c. in another Bill by it self But I observe that the way to loose a Bill is to flog it H C. I shall only observe that by the last Bill of Exclusion if the Duke should turn Protestant He will be Excluded and if the Princess of Orange turn Papist she is not Excluded Vid. the Vote for the Bill in Print In the AFTERNOON An Account given of the Lords throwing out the IMPEACHMENT of Fitzharris Sir T. L. I See by the Lords refusing this Impeachment no farther use of a Parliament They will be a Court or not a Court to serve a present purpose Sir W. J. In a matter so plain and which concerns the very being of Parliaments I am unwilling to make unnecessary doubts If an Action be brought in the Lower Courts it does not hinder the Action being brought in Westminster-hall if no Judgment upon it and it holds the like in this case Indictments were brought against the Lords in the Tower at Common Law and yet was no Impediment to their Impeachment in the Lords House but here is no Indictment or prosecution brought against Fitzharris We have an Instance fresh in Memory The Lord Cheif-Justice Scroggs a Commoner and not Indicted at Common-Law yet the Lords without any scruple accepted his Impeachment so that we need not spend our time to search Presidents Perhaps the Lords Journals were not made up but our Members have taken Notes out of the minut-Minut-Book by them we find the Lords have determined a great point The Lords Spiritual as well as the Lords Temporal have Voted it which we own not in this Judicature nor I hope never shall and we are denied Justice by the Lords Spiritual who have no Right to Vote This is doing a double act of Injustice And since the Lords have taken upon them to throw out the Impeachment of Fitzharris let us Vote That the Commons have a Right to Impeach in Capital Cases and that the Lords have denied us Justice in refusing the Impeachment And after you have asserted your Priviledges then draw up Reasons for maintaining them And if the Dissolution of the Parliament follows it 's the fault of those Men who will not hear our Reasons and in a Parliamentary way at a Conference shew how unwarrantable the Lords Actions have been in their way of proceeding Sir F. W. If this Impeachment of Fitzharris was of so ordinary a nature as a Monopoly c. I should not press upon this matter But this is not an ordinary Accusation but that which relates to our Religion and Property and how the Bishops come to stifle this let God and the world judge I would know if a man be Impeached by the Commons and no Indictment against him only the Atturney-General told the Lords that the King gave Directions he should be prosecuted and no Record against him whether this is a ground to deny our Impeachment If the Lords will Vote that the Commons shall not Impeach him they may as well Vote they shall not be Prosecutors But yet we will be so This is a New Plot against the Protestants of which Fitzharris is accused and we must not Impeach him in this the Lords fairly say We must not hear it If this be the Case I desire you'ill come to some Vote You are willing to discover the Plot if you could If the Attourny-General had prepared a Prosecution in an Inferior Court and they had proceeded to Judgment then it is pleaded in Bar to the Judgment of a Superior Court If our Time be short as I believe it is pray do not delay to come to some Resolution if the House be satisfied in it pray make a Vote to assert your Right A little while ago when the Duke was presented for a Papist the Grand Jury you know was dismiss'd by Chief-Justice c. This seems as if the Lords were bound in Honour to justifie the Judges Proceedings by their own 'T is a reflection of weakness in a man who doubts in a plain matter and if no man doubts our Right pray Vote it so Sir R. H. I am glad we are off from the great thing yesterday I cannot believe but that the Lords have Judgment enough to have cause for what they do and in this cause of Fitzharris Impeachment In this matter Presidents you need not search This of Fitzharris seemeth to me to be a more dangerous breath than usual a breath fit to be stifled there is something in this more than ordinary If there be so sacred a respect to the comman Tryalls of England in Inferiour Courts 't is strange that the House of Commons should be below a common Jury If in the cases of Skinner and the fact done beyond the Sea the Lords contended with the Commons about Judging it though it was an original cause this was no great value of the Law of England But it seems they value Fitzharris to keep him from us When I have heard in all the Speeches to day that the Duke does not go single and have heard so excellent discourses to day of that matter I am loath to mingle my weakness But such Councel as this the King hereafter will have no cause to thank them for involving him in the fatality of those Councels as if they would make the Libel of Fitzharris the Copy of their Councels Dangerfield was reputed a most infamous person yet if he would speak what he knew nothing of mercy was to big for him But Fitzharris is a man of no infamy and yet they hurry him away to the Tower when he began to confess in Newgat Are you so lost that you have no mercy left for the Protestant Religion This is strange if the terror of his condition make him confess the whole Plot he be taken out of our hands We hear of other things as that the French Ambassador had a hand in this Plot which a Jury will not inquire into their business is only whether Fitzharris be guilty or not guilty