YEsterday , March 10. Mr. Attorny General made a motion that the Judgment of the Court might be given as to Mr. Fitz-Harris's Plea ; To which the Lord Chief Justice was pleased to reply , That the Court was ready to give their Judgment , and they might bring their Prisoner when they pleased ; Whereupon a Rule of Court was made for bringing him to the Bar this morning .

About nine a Clock the Court sate and was much crouded with Spectators , there being several Persons of Honour , as the Earl of Essex , the Earl of Clare , the Earl of Thannet , the Earl of Shaftsbury , and divers others ; the Prisoner was Guarded to the Bar by the Warders of the Tower .

Then the Lord Chief Justice told him , That he had been Indicted of High-Treason in that Court , and that he had Pleaded to the Jurisdiction thereof ; alledging that he had been Impeached before the Lords , by the House of Commons , and that it was the same Treason which he now stood Indicted for ; and therefore had desired Council to argue his Plea , which had been accordingly Granted him : And that the Court having maturely weighed and considered the Case , and having had Conference with some of the other Judges ; His Lordship did declare , That three of that Court did agree as to the invalidity of his Plea , That is Judge Jones , Judge Raymond and himself , but that Judge Dolben was of another Opinion .

And therefore his Lordship told him the Court did require him to Plead to his Indictment , either Guilty or not Guilty ; Mr. Fitz-Harris desired to have Council what to do in this matter ; but his Lordship told him , it was not proper , since it was not matter of Law , for which Council had already been allowed him , but matter of Fact wherein Council could not be granted .

Mr. Fitz-Harris then desired he might provide his Witnesses , but the Lord Chief Justice told him , that he had already trifled with the Court , and made frivolous delays , and that he had pretended to make a full Discovery of all the Design but had hitherto done nothing in it , and that therefore he must first Plead Guilty or not Guilty , and afterwards he should have all reasonable favour shewed him .

Whereupon Mr. Fitz-Harris , held up his Hand , and the Indictment was read ; That having been Indicted for High Treason he had put in a Plea to the Jurisdiction of that Court , which Plea had been Demurred to and was now over-ruled , and he was therefore required to Plead Guilty or not Guilty ; He answered Not Guilty , and being demanded who he would be Tryed by , he said , By God and his Country .

The Lord Chief Justice , then told him , he might now be heard what he had to say , Mr. Fitz-Harris desired he might provide his Witnesses , one of whom was in Holland , and therefore desired time to send for him over . This was somewhat opposed , and it was said , he had had sufficient time already : But he alleadged he had been kept close Prisoner , and none were suffered to come to him .

The Lord Chief Justice said That it may be , he might depend upon the strength and validity of his Plea , and might not therefore so well provide for his Defence , as otherwise he would have done , and therefore his Lordship though it very reasonable , and so did the whole Court , that since a short time could be no way prejudicial , it ought to be allowed him to make preparation for his Tryal . And upon consultation , the first Thursday in the next Term was appointed by the Court for his Tryal , and he was ordered to provide himself accordingly .

Mr. Fitz-Harris then desired Counsel might be allowed him , and his Books and Papers brought to him : As to the first , after some debate , it was told him , That no further Counsel could be allowed him : And to the second , That he should have his Papers brought him , provided the Lieutenant of the Tower had the Inspection of them , that there was no Dangerous , nor Treasonable matters contained in them .

Then Mr. Fitz-Harris desired , That his Wife might come to him , but my Lord Chief Justice said , She had abused the Liberty given her , and had thereby forfeited that Priviledg , but however if she would promise to carry her self with more Modesty and Circumspection for the future , she should have the same Liberty as she had before , and Order was accordingly given to that purpose .

Then the Lord Chief Justice reminded Mr. Fitz-Harris to prepare for his Tryal in that Court , the first Thursday in Trinity Term next ensuing : And afterward ordered the Guard to take away their Prisoner , which was done accordingly , and he was carried back by Water to the Tower .

This is the Substance of some Particulars in this days Proceedings , which may serve till a more full Account of the whole at large be Published .