On the twenty-eighth of January the execution took place. In compliment to the noble families with which Fenwick was connected, orders were given that the ceremonial should be in all respects the same as when a peer of the realm suffers death. Ascaffold was erected on Tower Hill and hung with black. The prisoner was brought from Newgate in the coach of his kinsman the Earl of Carlisle, which was surrounded by a troop of the Life Guards. Though the day was cold and stormy, the crowd of spectators was immense; but there was no disturbance, and no sign that the multitude sympathized with the criminal. He behaved with a firmness which had not been expected from him. He ascended the scaffold with steady steps, and bowed courteously to the persons who were assembled on it, but spoke to none, except White, the deprived Bishop of Peterborough. White prayed with him during about half an hour. In the prayer the King was commended to the Divine protection; but no name which could give offence was pronounced. Fenwick then delivered a sealed paper to the Sheriffs, took leave of the Bishop, knelt down, laid his neck on the block, and exclaimed, "Lord Jesus, receive my soul." His head was severed from his body at a single blow. His remains were placed in a rich coffin, and buried that night, by torchlight, under the pavement of Saint Martin's Church. No person has, since that day, suffered death in England by Act of Attainder.783Meanwhile an important question, about which public feeling was much excited, had been under discussion. As soon as the Parliament met, a Bill for Regulating Elections, differing little in substance from the bill which the King had refused to pass in the preceding session, was brought into the House of Commons, was eagerly welcomed by the country gentlemen, and was pushed through every stage. On the report it was moved that five thousand pounds in personal estate should be a sufficient qualification for the representative of a city or borough. But this amendment was rejected. On the third reading a rider was added, which permitted a merchant possessed of five thousand pounds to represent the town in which he resided; but it was provided that no person should be considered as a merchant because he was a proprietor of Bank Stock or East India Stock. The fight was hard. Cowper distinguished himself among the opponents of the bill. His sarcastic remarks on the hunting, hawking boors, who wished to keep in their own hands the whole business of legislation, called forth some sharp rustic retorts. A plain squire, he was told, was as likely to serve the country well as the most fluent gownsman, who was ready, for a guinea, to prove that black was white. On the question whether the bill should pass, the Ayes were two hundred, the Noes a hundred and sixty.784The Lords had, twelve months before, readily agreed to a similar bill; but they had since reconsidered the subject and changed their opinion. The truth is that, if a law requiring every member of the House of Commons to possess an estate of some hundreds of pounds a year in land could have been strictly enforced, such a law would have been very advantageous to country gentlemen of moderate property, but would have been by no means advantageous to the grandees of the realm. A lord of a small manor would have stood for the town in the neighbourhood of which his family had resided during centuries, without any apprehension that he should be opposed by some alderman of London, whom the electors had never seen before the day of nomination, and whose chief title to their favour was a pocketbook full of bank notes. But a great nobleman, who had an estate of fifteen or twenty thousand pounds a year, and who commanded two or three boroughs, would no longer be able to put his younger son, his younger brother, his man of business, into Parliament, or to earn a garter or a step in the peerage by finding a seat for a Lord of the Treasury or an Attorney General. On this occasion therefore the interest of the chiefs of the aristocracy, Norfolk and Somerset, Newcastle and Bedford, Pembroke and Dorset, coincided with that of the wealthy traders of the City and of the clever young aspirants of the Temple, and was diametrically opposed to the interest of a squire of a thousand or twelve hundred a year. On the day fixed for the second reading the attendance of lords was great. Several petitions from constituent bodies, which thought it hard that a new restriction should be imposed on the exercise of the elective franchise, were presented and read. After a debate of some hours the bill was rejected by sixty-two votes to thirty-seven.785 Only three days later, a strong party in the Commons, burning with resentment, proposed to tack the bill which the Peers had just rejected to the Land Tax Bill. This motion would probably have been carried, had not Foley gone somewhat beyond the duties of his place, and, under pretence of speaking to order, shown that such a tack would be without a precedent in parliamentary history. When the question was put, the Ayes raised so loud a cry that it was believed that they were the majority; but on a division they proved to be only a hundred and thirty-five. The Noes were a hundred and sixty-three.786Other parliamentary proceedings of this session deserve mention.
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