case might be brought before parliament to judge whether it be treason
or felony; but then they must judge by the laws in being, and this
judgment was not in the parliament by bill but only in the house of
lords. Lord Digby, Mr. Harley, and colonel Granville, spoke to the same
purpose. But their arguments and remonstrances had no effect upon the
majority, by whom the prisoner was devoted to destruction. The bill was
committed, passed, and sent up to the house of lords, where it
produced the longest and warmest debates which had been known since the
Restoration. Bishop Burnet signalized his zeal for the government by a
long speech in favour of the bill, contradicting some of the fundamental
maxims which he had formerly avowed in behalf of the liberties of the
people. At length it was carried by a majority of seven voices; and
one-and-forty lords, including eight prelates, entered a protest couched
in the strongest terms against the decision.

When the bill received the royal assent, another act of the like nature
passed against Barclay, Holmes, and nine other conspirators who had fled
from justice, in case they should not surrender themselves on or before
the twenty-fifth day of March next ensuing. Sir John Fenwick solicited
the mediation of the lords in his behalf, while his friends implored the
royal mercy. The peers gave him to understand that the success of his
suit would depend upon the fulness of his discoveries. He would have
previously stipulated for a pardon, and they insisted upon his depending
on their favour. He hesitated some time between the fears of infamy and
the terrors of death, which last he at length chose to undergo rather
than incur the disgraceful character of an informer. He was complimented
with the axe in consideration of his rank and alliance with the house
of Howard, and suffered on Tower-hill with great composure. In the paper
which he delivered to the sheriff, he took God to witness that he
knew not of the intended invasion until it was the common subject of
discourse, nor was he engaged in any shape for the service of king
James. He thanked those noble and worthy persons who had opposed his
attainder in parliament; protested before God that the information
he gave to the ministry he had received in letters and messages from
France; and observed that he might have expected mercy from the prince
of Orange, as he had been instrumental in saving his life by preventing
the execution of a design