Sir Constantine remarked that his task would be all the easier, since the counsel for the Bill allowed that they had no better reliance than circumstantial testimony. But the liberty and property of Englishmen were not to be, and never had been, confiscated by circumstance; and accused men could be legally tried only by the laws that were in force when the alleged offence was committed, and not by _ex post facto_ legislation taking form in Bills of Pains and Penalties. Moreover, Bills of Attainder had never yet been brought against any persons but those who had hid from, or fled from, justice. The bishop since he had fallen under vain suspicion, had lived openly, had received company in his own house, had gone into society, had passed to and fro in the streets of London, and had followed a course which only the guiltless and guileless followed. If the Bill by which Sir John Fenwick was attainted was legal, that very circumstance proved the illegality of this Bill against the Bishop of Rochester, for this prelate had never been indicted, nor had ever dallied with the Government, nor promised to make discoveries which were ever to be, but never were, made; nor had he bribed the deponents of fatal testimony to withdraw beyond the kingdom: all which incidents distinguished the Fenwick case. Sir Constantine was persuaded that the truth of what he advanced would reach their Lordships’ hearts, and that the majesty of the court would not allow a blot to fall on the majesty of justice. [Sidenote: _SPECIAL PLEADING._] [Sidenote: _EVIDENCE FOR ATTERBURY._]