CHAT,LXVIII.1681 .
ments ; and that the duke was privy to thiswhole plan, and had even entered into the defignof Godfrey’s murder , which was executed in themanner related by Prance.
The popular leaders had, all ajong, beenvery deurous of having an accufation againftthe duke ; and though Oates and Bedioe , in theirfirft evidence, had not dared to ^o fo far, bothDugdale and Dangerfield had afterwards beenencouraged to fupply fo material a defedt, bycomprehending him in the confpiracy. The com-mons, therefore, finding that Fitz-harris was alfowilling to ferve this purpofe , were not afliamedto adopt his evidence and refolved for thatend to fave him from the deftrucfion, withwhich he was at prefent threatened. Theking had removed him from the city-prifon,where he was expofed to be tampered withby the exclufionifls; had fent him to theTower ; and had ordered him to be profecutedby an indiclment at common law. In order toprevent his trial and execution, an impeachmentwas voted by the commons againft him, andfent up to the lords. That they might flhowthe greater contempt of the court , they orderedby way of derifion, that the impeachment Ihouldbe carried up by fecretary Jenkins ; who was foprovoked by the intended affront, that he at firftrefufed obedience; though afterwards , beingthreatened with commitment, he was induced tocomply. The lords voted to remit the affair tothe ordinary courts of juftice, before whom, as