Edward Fitzharris
Encyclopedia
Edward Fitzharris was an Anglo-Irish conspirator. His prosecution at the time of the Popish Plot
hoax became a struggle for jurisdiction involving the courts and the two Houses of Parliament.
with the intention of entering the service of the Emperor Leopold I in his operations against Hungary
. Finding that the expedition had been abandoned, he wandered through Flanders
to England again. He next obtained a captain's commission in one of the companies raised by Sir George Hamilton in Ireland for Louis XIV; but on being discharged from his command soon after landing in France, he went to Paris.
Returning to England in October 1672 he received, in the following February, the lieutenancy of Captain Sydenham's company in the Duke of Albemarle's regiment, which he was forced to resign on the passing of the Test Act
in 1673. For the next eight years he intrigued with influential Catholics, including the Duchess of Portsmouth.
In February 1681 he wrote a libel in which he advocated the deposition of the king Charles II and the exclusion of James, Duke of York. He possibly intended to place this in the house of some whig, and then, by discovering it himself, earn a reward as an informer. He was betrayed by an accomplice, Edmond Everard, and sent first to Newgate Prison
, and afterwards to the Tower of London
.
At this point he claimed he could reveal the secret of Sir Edmondbury Godfrey's murder. Eventually he succeeded in implicating the Earl of Danby
. Fitzharris was impeached by the House of Commons for high treason
, as a tactic, and his impeachment brought into discussion an important question of constitutional law. The House of Lords having voted for a trial at common law
, the Commons declared this to be a denial of justice. Parliament, however, was suddenly dissolved after eight days' session on 28 March. Some at the time thought that the court feared that Fitzharris might be driven by the impeachment to awkward disclosures: he had had, in fact, more than one interview with the king through the Duchess of Portsmouth.
The dissolution meant that Fitzharris was tried before the king's bench
in Easter term, and entered a plea against the jurisdiction of the court on the ground that proceedings were pending against him before the Lords. This plea was ruled to be insufficient, and Fitzharris was proceeded against at common law, 9 June 1681, and convicted. Francis Hawkins, chaplain of the Tower, then took him in hand in the interests of the court, and, by insinuating that his life might yet be spared, persuaded him to draw up a pretended confession implicating whig leaders, in which William Howard, 3rd Baron Howard of Escrick
, who had befriended Fitzharris, was made the author of the libel, while Sir Robert Clayton and Sir George Treby, before whom his preliminary examination had been conducted, together with the sheriffs, Slingsby Bethel
and Henry Cornish
, were charged with subornation. Gilbert Burnet
who interviewed Fitzharris reported later that he knew well he was being led on with false hopes. Fitzharris was executed on 1 July 1681, the concocted confession appeared the very next day, and Hawkins was rewarded with the deanery of Chichester. The justices and sheriffs in their reply, Truth Vindicated, claimed the so-called confession was a tissue of falsehoods. The indictment against Lord Howard of Escrick was withdrawn, since the grand jury refused to believe the witnesses.
In 1689 Sir John Hawles, solicitor-general to William III, published some Remarks on Fitzharris's trial, which he condemned as illegal. During the same year the Commons recommended Mrs. Fitzharris and her three children to the bountiful consideration of the king.
Popish Plot
The Popish Plot was a fictitious conspiracy concocted by Titus Oates that gripped England, Wales and Scotland in Anti-Catholic hysteria between 1678 and 1681. Oates alleged that there existed an extensive Catholic conspiracy to assassinate Charles II, accusations that led to the execution of at...
hoax became a struggle for jurisdiction involving the courts and the two Houses of Parliament.
Life
The son of Sir Edward Fitzharris, he was born in Ireland about 1648, and bought up a Catholic. According to his own account, he left Ireland for France in 1662 to learn the language, returning home through England in 1665. Three years later he went to PraguePrague
Prague is the capital and largest city of the Czech Republic. Situated in the north-west of the country on the Vltava river, the city is home to about 1.3 million people, while its metropolitan area is estimated to have a population of over 2.3 million...
with the intention of entering the service of the Emperor Leopold I in his operations against Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
. Finding that the expedition had been abandoned, he wandered through Flanders
Flanders
Flanders is the community of the Flemings but also one of the institutions in Belgium, and a geographical region located in parts of present-day Belgium, France and the Netherlands. "Flanders" can also refer to the northern part of Belgium that contains Brussels, Bruges, Ghent and Antwerp...
to England again. He next obtained a captain's commission in one of the companies raised by Sir George Hamilton in Ireland for Louis XIV; but on being discharged from his command soon after landing in France, he went to Paris.
Returning to England in October 1672 he received, in the following February, the lieutenancy of Captain Sydenham's company in the Duke of Albemarle's regiment, which he was forced to resign on the passing of the Test Act
Test Act
The Test Acts were a series of English penal laws that served as a religious test for public office and imposed various civil disabilities on Roman Catholics and Nonconformists...
in 1673. For the next eight years he intrigued with influential Catholics, including the Duchess of Portsmouth.
In February 1681 he wrote a libel in which he advocated the deposition of the king Charles II and the exclusion of James, Duke of York. He possibly intended to place this in the house of some whig, and then, by discovering it himself, earn a reward as an informer. He was betrayed by an accomplice, Edmond Everard, and sent first to Newgate Prison
Newgate Prison
Newgate Prison was a prison in London, at the corner of Newgate Street and Old Bailey just inside the City of London. It was originally located at the site of a gate in the Roman London Wall. The gate/prison was rebuilt in the 12th century, and demolished in 1777...
, and afterwards to the Tower of London
Tower of London
Her Majesty's Royal Palace and Fortress, more commonly known as the Tower of London, is a historic castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamlets, separated from the eastern edge of the City of London by the open space...
.
At this point he claimed he could reveal the secret of Sir Edmondbury Godfrey's murder. Eventually he succeeded in implicating the Earl of Danby
Thomas Osborne, 1st Duke of Leeds
Thomas Osborne, 1st Duke of Leeds, KG , English statesman , served in a variety of offices under Kings Charles II and William III of England.-Early life, 1632–1674:The son of Sir Edward Osborne, Bart., of Kiveton, Yorkshire, Thomas Osborne...
. Fitzharris was impeached by the House of Commons for high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
, as a tactic, and his impeachment brought into discussion an important question of constitutional law. The House of Lords having voted for a trial at common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, the Commons declared this to be a denial of justice. Parliament, however, was suddenly dissolved after eight days' session on 28 March. Some at the time thought that the court feared that Fitzharris might be driven by the impeachment to awkward disclosures: he had had, in fact, more than one interview with the king through the Duchess of Portsmouth.
The dissolution meant that Fitzharris was tried before the king's bench
King's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...
in Easter term, and entered a plea against the jurisdiction of the court on the ground that proceedings were pending against him before the Lords. This plea was ruled to be insufficient, and Fitzharris was proceeded against at common law, 9 June 1681, and convicted. Francis Hawkins, chaplain of the Tower, then took him in hand in the interests of the court, and, by insinuating that his life might yet be spared, persuaded him to draw up a pretended confession implicating whig leaders, in which William Howard, 3rd Baron Howard of Escrick
William Howard, 3rd Baron Howard of Escrick
William Howard, 3rd Baron Howard of Escrick was an English Parliamentarian soldier, nobleman, and plotter.-Life:He was the second son of Edward Howard, 1st Baron Howard of Escrick. He matriculated at Corpus Christi College, Cambridge, in 1646, and was then admitted to Lincoln's Inn...
, who had befriended Fitzharris, was made the author of the libel, while Sir Robert Clayton and Sir George Treby, before whom his preliminary examination had been conducted, together with the sheriffs, Slingsby Bethel
Slingsby Bethel
Slingsby Bethel was a Member of Parliament with republican sympathies, during the period of the English Civil War.-Early life:Slingsby Bethel was the third son of Sir Walter Bethel of Alne, North Yorkshire, who married Mary, the second daughter of Sir Henry Slingsby of Scriven, near Knaresborough,...
and Henry Cornish
Henry Cornish
Henry Cornish was a London alderman, executed in the reign of James II of England.-Life:He was a well-to-do merchant of London, and alderman of the ward of St. Michael Bassishaw; in the London Directory for 1677 he is described as a factor residing in 'Cateaton Street, near Blackwelhall Gate.' He...
, were charged with subornation. Gilbert Burnet
Gilbert Burnet
Gilbert Burnet was a Scottish theologian and historian, and Bishop of Salisbury. He was fluent in Dutch, French, Latin, Greek, and Hebrew. Burnet was respected as a cleric, a preacher, and an academic, as well as a writer and historian...
who interviewed Fitzharris reported later that he knew well he was being led on with false hopes. Fitzharris was executed on 1 July 1681, the concocted confession appeared the very next day, and Hawkins was rewarded with the deanery of Chichester. The justices and sheriffs in their reply, Truth Vindicated, claimed the so-called confession was a tissue of falsehoods. The indictment against Lord Howard of Escrick was withdrawn, since the grand jury refused to believe the witnesses.
In 1689 Sir John Hawles, solicitor-general to William III, published some Remarks on Fitzharris's trial, which he condemned as illegal. During the same year the Commons recommended Mrs. Fitzharris and her three children to the bountiful consideration of the king.