Fenwick was soon brought before a jury. He was allied to powerful families: his wife, Lady Mary, was the Earl of Carlisle's sister. All means were employed to save him: the witnesses who could testify against him were bought and disappeared. He escaped at the ordinary trial. The Whigs demanded a bill of attainder against him. Admiral Russell rose in his place, boldly claiming justice for Lord Shrewsbury as well as for himself. "If we are innocent, acquit us; if we are guilty, punish us as we deserve. I surrender myself to the justice of my country, and am ready to live or die according to your sentence."
The discussion was long and violent; the terrible weapon of attainder was repugnant to many honest consciences, and political and personal passions were enlisted in the struggle. Fenwick's guilt was patent to all; the right of his judges to condemn him was more doubtful. Sentence was nevertheless pronounced, and Sir John was executed at Tower Hill, on the 28th of January, 1697.
Godolphin had sent in his verification as First Lord of the Treasury; all the kindness and the assurances of William had not availed to make Shrewsbury reappear at court. Sunderland had quietly resumed power, more despised by the nation than by the king. With few exceptions, William was wont to distrust all those who surrounded him, while acting as if they deserved his confidence. Clear-sighted and severe in his opinions, he was indulgent in his conduct; his magnanimity was somewhat mingled with contempt. Henceforth power was in the hands of the Whigs, strongly organized as a party and forming a firm and homogeneous ministry. The financial crisis was passing away; England was issuing triumphant from revolution, plots, and commercial embarrassments. She was speedily about to enjoy the benefits of a transient peace, whose preliminaries were already being discussed at Ryswick.
France offered the restoration of Strasburg, Luxembourg, Mons, Charleroi and Dinant, and the re-establishment of the House of Lorraine, on the conditions proposed at Nimeguen and the recognition of the King of England. "We have no equivalent to claim," the French plenipotentiaries said, proudly; "your masters have never taken anything from ours."
The exhaustion of France drew from Louis XIV. conditions that were repugnant to his pride; the good sense and great judgment of William III. had made him desire peace for a long time. Private conferences took place between Marshal Boufflers and the Duke of Portland, full of expressions of regard from one plenipotentiary to the other, and not without mutual good will between the two sovereigns. The taking of Barcelona by the Duc de Vendôme, led Spain to think of peace; but the King of France withdrew his offer of Strasburg, offering in exchange Brisach and Fribourg in Briesgau. Louis had refused to dismiss King James from France; the latter was not even named in the treaty. "That would not be to my honor," the monarch had said; "I will recognize King William, and engage not to assist his enemies directly or indirectly." Portland had offered a clause of reciprocity. "All Europe has confidence enough in the obedience and submission of my people," proudly replied Louis, "and knows that when it pleases me to prevent my subjects from aiding King James, there is no reason to fear that he may find any support in my kingdom. The reciprocity cannot be; I have to fear neither sedition nor faction." The peace was signed on the night of the 20th of September, 1697, between France, England, the States-General, and Spain.
The Grand Pensioner at once wrote the news to William, who had retired to his castle of Loo. "May the Almighty bless the peace," answered the king, "and in his mercy permit us long to enjoy it! I do not deny that the way in which it has been concluded makes me uneasy for the future. You cannot be sufficiently thanked for the care and pains you have freely taken in connection with it." The work was not completed. The emperor aimed at settling in advance the question of the Spanish succession, ever ready to be opened by the feeble health of King Charles II., who had no children. The Protestant princes refused to accept the maintenance of Catholic worship in all those places where Louis XIV. had re-established it "Your letter of yesterday has been sent me to-day," wrote William to Heinsius, on the 31st of October, "and I am extremely puzzled to give a positive answer to it in writing. It would certainly be our duty to continue the war rather than to make any concessions to the prejudice of the reformed religion; and if these gentlemen of Amsterdam, and consequently the republic, wish to remain firm, I should gladly do so likewise, in the hope that Parliament would aid me in fulfilling so pious a duty. On the other hand, I must admit that I do not see, humanly speaking, how the Protestant states and princes could actually oppose the Catholic powers, seeing that we would be acting without Sweden, Denmark and the Swiss Cantons, and that we are now deprived of Saxony. I am extremely uneasy at the idea that the ministers of the Protestant princes should be the only ones to refuse to sign; for that might seriously injure them later, considering that we might not be soon enough in a condition to assist them or to prevent the injury that France would certainly do them. I send by this courier orders to my ambassadors to act in entire unison with those of the republic. So, if you think you can show firmness, they will do so likewise."
These same Protestant princes, who did not wish to allow the practice of Catholic worship in their states, had formerly inserted in the compacts of the Grand Alliance that peace would never be concluded with France unless religious liberty should be restored to French Lutherans. The tolerant wisdom of William III. and the obstinacy of Louis XIV. finally secured the practice of their worship to the German Catholics, without assuring the same tolerance for the persecuted Huguenots. "These are things which concern me alone, and I cannot discuss them with anybody," said the absolute monarch. Peace was definitively signed on the 31st of October, 1697. The King of England had used strong pressure upon the emperor. "I want to hear," said William, "where any chance is visible of making France renounce a succession for which she would sustain, at need, a war of more than twenty years; and God knows we are not in a position to be able to pretend to dictate laws to France." William was soon to experience himself the futility of diplomatic negotiations in face of a complicated crisis; but he secured some moments' rest to Europe by using his legitimate influence over the souls of men, in the interests of peace. "The Prince of Orange is the arbiter of Europe," Pope Innocent XII. had observed to Lord Perth, entrusted by King James with a mission to him; "kings and peoples are his slaves: they will do nothing that may displease him." And striking with his hand on the table, the Pope exclaimed: "If God, in His omnipotence, does not come to our aid, we are lost."