Page:History of England (Macaulay) Vol 5.djvu/211

 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, though weakened by the defection of some considerable men, was still a majority, and would hear of no terms of compromise. The third reading was carried by only sixty-eight votes to sixty-one. Fifty-three Lords recorded their dissent; and forty-one subscribed a protest, in which the arguments against the bill were ably summed up.[771] The peers whom Fenwick had accused took different sides. Marlborough steadily voted with the majority, and induced Prince George to do the same. Godolphin as steadily voted with the minority, but, with characteristic wariness, abstained from giving any reasons for his votes. No part of his life warrants us in ascribing his conduct to any exalted motive. It is probable that, having been driven from office by the Whigs and forced to take refuge among the Tories, he thought it advisable to go with his party.[772]

As soon as the bill had been read a third time, the attention of the Peers was called to a matter which deeply concerned the honour of their order. Lady Mary Fenwick had been, not unnaturally, moved to the highest resentment by the conduct of Monmouth. He had, after professing a great desire to save her husband, suddenly turned round, and become the most merciless of her husband's persecutors; and all this solely because the unfortunate prisoner would not suffer himself to be