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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A70862 The protestation of the Lords upon rejecting the impeachment of Mr. Fitz-Harris March 28, 1681. England and Wales. Parliament. House of Lords. 1681 (1681) Wing P3869A; ESTC R33326 1,108 2

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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 Vndoubted 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