ENGLISH PERSECUTION OF CATHOLICS
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he himself had gone to Brussels to get a share in the money which Pope Innocent XI had sent there for the relief of the English Catholics who had taken refuge in Belgium; he had found that the money was distributed by those who swear obedience to the Pope, while those who had sworn allegiance to the King were excluded. Upon hearing this information, the members ordered that it be printed and published. This was done at once. It achieved practically no other effect than this, that Sergeant and Maurice will not be able to excuse themselves one day by saying that their reputation of being informers (which hardly does them honour) was put upon them by calumniators. For, as regards Gavan's words, each of the informers reported them on the testimony of one weak woman-and one who was inconsistent, for when questioned on the subject at Brussels, she said that Gavan had merely said" If God had made me a woman, I should never have been able to love, a man who violated the marriage bond." (608) Four or five others who were present when Gavan is said to have made this or the other remark, deny most persistently that he made any mention of the King or Queen or of adultery or murder; so that the whole account is far from true. That the additional statements made by Maurice were false has been declared by the Illustrious Nuncio of Brussels, who has said that he can prove by Maurice's own signature that he received a share of the subsidy, and that the accounts prove that somewhat more was given to him than to any other single person. (609) THE FITZHARRIS CASE. On the day when the printing of the depositions of these informers was ordered, namely 26th March, serious discord arose between the two Houses. The Lower House had transferred the trial of this case to the Lords; and the Lords decided to entrust it to the ordinary courts. This was the decision of the great majority of the Peers, but some-nineteen in number-protested against it, and among them were Monmouth and Shaftesbury. When the Commons heard that the Peers had refused to undertake the task of hearing the case, they passed a sharp decree, in which they declared that this was" a Denial of Justice, and a Violation of the Constitution of Parliaments, and an Obstruction to the further discovery of the Popish Plot, and of great danger to His Majesties Person, and the Protestant Religion"; and" that for any Inferior Court to proceed against Edward Fitz-Harris, or any other Person lying under an Impeachment in Parliament, for the same crimes for which he or they stand Impeached, is an high Breach of the Privilege of Parliament." (610) However, it is quite certain that the Peers did nothing which they were not entitled to do. The other courts would enjoy a great relief from work, if the trial of private cases, even in the first instance, were to be transferred to that supreme tribunal of the Peers. How much time will the Peers have left over from judicial business for conducting the difficult business of the realm, if they are occupied in these minor cases? In general, English Law prescribes that a man shall not be tried except by his peers, that is, by those of the same rank as himself. Further, it seemed unworthy of the honour of the Upper Chamber for it to be compelled to try whatever cases the Commons wished-as if the Lords were obliged to dance attendance on them, and perform the task which they assigned. So the Upper House had right on its side, while the Commons were relying on force, because they wished to rescue FitzHarris from his punishment, in