nt
itself. The bishops asserted, that the pardon was merely a preliminary;
and that, neither by the canon law nor the practice of parliament,
were they ever obliged, in capital cases, to withdraw till the very
commencement of the trial itself. If their absence were considered as
a privilege, which was its real origin, it depended on their own choice
how far they would insist upon it. If regarded as a diminution of their
right of peerage, such unfavorable customs ought never to be extended
beyond the very circumstance established by them; and all arguments,
from a pretended parity of reason, were in that case of little or no
authority.

The house of lords was so much influenced by these reasons, that they
admitted the bishops' right to vote, when the validity of the pardon
should be examined. The commons insisted still on their withdrawing;
and thus a quarrel being commenced between the two houses, the king, who
expected nothing but fresh instances of violence from this parliament,
began to entertain thoughts of laying hold of so favorable a
pretence, and of finishing the session by a prorogation. While in this
disposition, he was alarmed with sudden intelligence, that the house
of commons was preparing a remonstrance, in order to inflame the nation
still further upon the favorite topics of the plot and of Popery. He
hastened, therefore, to execute his intention, even without consulting
his new council, by whose advice he had promised to regulate his
whole conduct. And thus were disappointed all the projects of the
malecontents, who were extremely enraged at this vigorous measure of the
king's. Shaftesbury publicly threatened, that he would have the head of
whoever had advised it. The parliament was soon after dissolved without
advice of council; and writs were issued for a new parliament. The king
was willing to try every means which gave a prospect of more compliance
in his subjects; and, in case of failure, the blame, he hoped, would lie
on those whose obstinacy forced him to extremities.

But even during the recess of parliament, there was no interruption to
the prosecution of the Catholics accused of the plot: the king found
himself obliged to give way to this popular fury. Whitebread, provincial
of the Jesuits, Fenwick, Gavan, Turner, and Harcourt, all of them of the
same order, were first brought to their trial. Besides Oates and Bedloe,
Dugdale, a new witness, appeared against the prisoners. This man had
been s