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.