article produced another vehement debate among the
members; and the whigs obtained a second victory. The record was read,
and the king's counsel proceeded to call some of the jury who served
on Cooke's trial to affirm that he had been convicted on Goodman's
evidence. Sir Bartholomew Shower said he would submit it to the
consideration of the house, whether it was just that the evidence
against one person should conclude against another standing at a
different bar, in defence of his life? The parties were again ordered to
withdraw; and from this point arose a third debate, which ended as the
two former to the disadvantage of the prisoner. The jury being examined,
Mr. Sergeant Gould moved, that Mr. Vernon might be desired to produce
the intercepted letter from sir John Fenwick to his lady. The prisoner's
counsel warmly opposed this motion, insisting upon their proving it to
be his hand writing before it could be used against him; and no further
stress was laid on this evidence. When they were called upon to enter
on his defence, they pleaded incapacity to deliver matters of such
importance after they had been fatigued with twelve hours' attendance.
The house resolved to hear such evidence as the prisoner had to produce
that night. His counsel declared that they had nothing then to produce
but the copy of a record; and the second resolution was, that he should
be brought up again next day at noon. He accordingly appeared at the
bar, and sir J. Powis proceeded on his defence. He observed that the
bill under consideration affected the lives of the subjects; and such
precedents were dangerous; that sir John Fenwick was forthcoming in
order to be tried by the ordinary methods of justice; that he was
actually under process, had pleaded, and was ready to stand trial;
that if there was sufficient clear evidence against him, as the king's
sergeant had declared, there was no reason for his being deprived of the
benefit of such a trial as was the birthright of every British subject;
and if there was a deficiency of legal evidence, he thought this was a
very odd reason for the bill. He took notice that even the regicides had
the benefit of such a trial; that the last act for regulating trials in
cases of treason proved the great tenderness of the laws which affected
the life of the subject; and he expressed his surprise that the very
parliament which had passed that law should enact another for putting
a person to death without any tria