It was now thought by many that Fenwick’s courage would give way.  It was known that he was very unwilling to die.  Hitherto he might have flattered himself with hopes that the bill would miscarry.  But now that it had passed one House, and seemed certain to pass the other, it was probable that he would save himself by disclosing all that he knew.  He was again put to the bar and interrogated.  He refused to answer, on the ground that his answers might be used against him by the Crown at the Old Bailey.  He was assured that the House would protect him; but he pretended that this assurance was not sufficient; the House was not always sitting; he might be brought to trial during a recess, and hanged before their Lordships met again.  The royal word alone, he said, would be a complete guarantee.  The Peers ordered him to be removed, and immediately resolved that Wharton should go to Kensington, and should entreat His Majesty to give the pledge which the prisoner required.  Wharton hastened to Kensington, and hastened back with a gracious answer.  Fenwick was again placed at the bar.  The royal word, he was told, had been passed that nothing which he might say there should be used against him in any other place.  Still he made difficulties.  He might confess all that he knew, and yet might be told that he was still keeping something back.  In short, he would say nothing till he had a pardon.  He was then, for the last time, solemnly cautioned from the Woolsack.  He was assured that, if he would deal ingenuously with the Lords, they would be intercessors for him at the foot of the throne, and that their intercession would not be unsuccessful.  If he continued obstinate, they would proceed with the bill.  A short interval was allowed him for consideration; and he was then required to give his final answer.  “I have given it,” he said; “I have no security.  If I had, I should be glad to satisfy the House.”  He was then carried back to his cell; and the Peers separated, having sate far into the night.770

At noon they met again.  The third reading was moved.  Tenison spoke for the bill with more ability than was expected from him, and Monmouth with as much sharpness as in the previous debates.  But Devonshire declared that he could go no further.  He had hoped that fear would induce Fenwick to make a frank confession; that hope was at an end; the question now was simply whether this man should be put to death by an Act of Parliament; and to that question Devonshire said that he must answer, “Not Content.”  It is not easy to understand on what principle he can have thought himself justified in threatening to do what he did not think himself justified in doing.  He was, however, followed by Dorset, Ormond, Pembroke, and two or three others.  Devonshire, in the name of his little party, and Rochester, in the name of the Tories, offered to waive all objections to the mode of proceeding, if the penalty were reduced from death to perpetual imprisonment.  But the majority,