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 Undoubted 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 Indicted 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 Indictment is at the Suit of the King: For, one and the same Offence may entitle 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 always 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 Indictment prevent the Proceed 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 tried 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 Encouragement to all inferior Courts, to exercise the same Arbitrary Power, by denying the Presentments of Grand Juries, etc. for which, at this time, the Chief Justice stands impeached in the House of Peers.  
These Proceed 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 publicly 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  
Huntingdon  
Bedford  
Salisbury  
Clare  
Stamford  
Sunderland  
Essex  
Shaftsbury  
Macklesfield  
Mordant  
Wharton  
Westmoreland  
Paget  
Grey of Wark  
Herbert of Cherbury  
Cornwallis  
Lovelace  
Crew    

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