Never within the memory of the oldest member had there been such a stir round the House as on the morning of the thirteenth.  The approaches were with some difficulty cleared; and no strangers, except peers, were suffered to come within the doors.  Of peers the throng was so great that their presence had a perceptible influence on the debate.  Even Seymour, who, having formerly been Speaker, ought to have been peculiarly mindful of the dignity of the Commons, so strangely forgot himself as once to say “My Lords.”  Fenwick, having been formally given up by the Sheriffs of London to the Serjeant at Arms, was put to the bar, attended by two barristers who were generally employed by Jacobite culprits, Sir Thomas Powis and Sir Bartholomew Shower.  Counsel appointed by the House appeared in support of the bill.

The examination of the witnesses and the arguments of the advocates occupied three days.  Porter was called in and interrogated.  It was established, not indeed by legal proof, but by such moral proof as determines the conduct of men in the affairs of common life, that Goodman’s absence was to be attributed to a scheme planned and executed by Fenwick’s friends with Fenwick’s privity.  Secondary evidence of what Goodman, if he had been present, would have been able to prove, was, after a warm debate, admitted.  His confession, made on oath and subscribed by his hand, was put in.  Some of the grand jurymen who had found the bill against Sir John gave an account of what Goodman had sworn before them; and their testimony was confirmed by some of the petty jurymen who had convicted another conspirator.  No evidence was produced in behalf of the prisoner.  After counsel for him and against him had been heard, he was sent back to his cell.758 Then the real struggle began.  It was long and violent.  The House repeatedly sate from daybreak till near midnight.  Once the Speaker was in the chair fifteen hours without intermission.  Strangers were freely admitted; for it was felt that, since the House chose to take on itself the functions of a court of justice, it ought, like a court of justice, to sit with open doors.759 The substance of the debates has consequently been preserved in a report, meagre, indeed, when compared with the reports of our time, but for that age unusually full.  Every man of note in the House took part in the discussion.  The bill was opposed by Finch with that fluent and sonorous rhetoric which had gained him the name of Silvertongue, and by Howe with all the sharpness both of his wit and of his temper, by Seymour with characteristic energy, and by Harley with characteristic solemnity.  On the other side Montague displayed the powers of a consummate debater, and was zealously supported by Littleton.  Conspicuous in the front ranks of the hostile parties were two distinguished lawyers, Simon Harcourt and William Cowper.