Fenwick disclosed divisions amongst the Nonjurors, classifying them as compounders and non-compounders—the compounders being anxious for some security from King James, that English religion and liberty would be preserved in case of his restoration; and the non-compounders being prepared to cast themselves entirely upon his honour and generosity. Lloyd, the deprived Bishop of Norwich, adopted the latter view, and would hear of no terms in a matter of Divine right.[293]
JACOBITES.
The Bill for Fenwick’s attainder created much discussion in the House of Commons. The discussion took a theological turn upon the point of deficiency of evidence, the testimony of one witness not being backed by the testimony of a second. Much was said by the opponents of the attainder, respecting the eternal law of God and man, and of the Holy Scriptures requiring more witnesses than one to convict a person of a capital crime. “No man,” it was repeated, “shall be condemned to die by the mouth of one witness, but by two or three witnesses he shall suffer.” It was replied, that not the Levitical law, but the law of England, should be guide in such a case; then, some one rejoined, that he and those who thought with him, did not wish to base their argument simply on Scripture, but upon the fact that this law of Moses having been confirmed by our Saviour in the New Testament, it ought to be brought into connection with the law of the land.[294] In spite of attempts made to save Sir John, the Bill passed both Houses. Robert Nelson interceded with Tenison to plead with the King. “My very good friend,” returned the Primate, “give me leave to tell you, that you know not what spirit this man, nor I am of; I wish for his, nor no man’s blood, but how can I do my duty to God and my King, should I declare a man innocent; for my not being of the side of the Bill will convince the world that I think him so, when I am satisfied in my conscience, not only from Goodman’s evidence, but all the convincing testimonies in the world, that he is guilty. Laws ex post facto may indeed carry the face of rigour with them, but if ever a law was necessary this is.”[295]
1696.
An amusing circumstance occurred during the debate. Dr. John Williams, Hector of St. Mildred’s, Poultry, accepted the Bishopric of Chichester, and was consecrated at Lambeth, by Tenison and others, the day before the third reading of the Bill. Rushing into the Bishops’ chamber to robe himself, he was accosted by the Archbishop, “Brother, brother! you’ll overheat yourself; what’s the reason of all this pother?” “Nothing, may it please your Grace,” said he; “but I was fearful lest the Bill against Sir John Fenwick should be read before I could take my place in the House.” “Fye, my Lord,” said Tenison; “you might have spared yourself that labour, since you had not an opportunity of hearing the merits of the cause at the first and second reading; but since, as I perceive, you are come to give your vote, pray, brother, come in along with me, that you may hear it once read, before you do it.”[296]
After the Bill had passed, efforts were continued on the culprit’s behalf. His Lady petitioned the House of Lords and the House of Commons; also she threw herself as a suppliant at William’s feet in vain. Fenwick delivered a paper, supposed to have been drawn up by White, the deprived Bishop of Peterborough, in which he did not deny the facts sworn, but only complained of his attainder as unjust; at the same time declaring his loyalty to King James and to the Prince of Wales, but denouncing, with horror, the idea of assassinating William.[297]
JACOBITES.
Fenwick suffered upon Tower Hill the 20th of January, 1697. That wintry morning, cold with storms, White appeared with him on the scaffold, not to pronounce absolution or lay on hands, but simply to pray with a dying man.[298] Commending the King to the Divine protection—meaning James, but not using his name—Fenwick, as he laid his neck on the block, cried, “Lord Jesus, receive my soul.” His corpse was buried by torch-light in St. Martin’s Church.
Others were hanged for treasonable practices, including Cranburne, who professed himself a member of the Church of England; and Rookwood and Lowick, Roman Catholics, whose Jesu Maria and Paternosters are particularly mentioned by the Protestant narrator of their last end.[299]