Sir John Fenwick also was brought to trial, the same year, for conspiring against the government. There were, however, difficulties in his case, which might have led to his acquittal by a jury: and therefore he was proceeded against in Parliament by way of attainder, a practice not uncommon in those times. Nelson was induced, by Sir John's wife, to apply to Tennison to procure his support against the attainder; but the Archbishop replied, that, as he considered him guilty, he could not declare him innocent. All interposition, therefore, in his favour failed: and he was condemned and executed. The majority for the Bill in the Lords was only seven; so that the government might reasonably have spared his life; and it is evident, that a jury would not have found him guilty, in a case in which the penalty was death. He avowed himself a member of the Church of England: and he was permitted to seek the aid of any of the clergy, who had taken the Oaths: or any of the Bishops, who had opposed the Bill of Attainder against him. On his refusal, the names of three or four Nonjurors were mentioned to him; but these individuals declined to attend, on the ground, that the Oaths might be tendered to them, and that, on their non-compliance, they might stand convicted. This circumstance shews the distressing state of fear and apprehension, in which the Nonjuring Clergy were placed, and how ready the authorities were to lay hold of any thing, which might occur to their disadvantage.[1] The Author of the Letter in the State Tracts says, they might as well have trusted the
- ↑ State Tracts, vol. ii. 561.
