London and the Kingdom - Volume 3: A History Derived Mainly from the Archives at Guildhall in the Custody of the Corporation of the City of London.Sharpe, Reginald R. (Reginald Robinson)
History
London and the Kingdom - Volume 3: A History Derived Mainly from the Archives at Guildhall in the Custody of the Corporation of the City of London.
Sharpe, Reginald R. (Reginald Robinson)
London (England) -- History
The case as settled by the Court of Aldermen and submitted to counsel
is set out _in extenso_ in the minutes of the court held on the 25th
April,[212] when the opinions of the several counsel were read. The
attorney and solicitor general as well as Yorke, Glynn, and Leigh gave
it as their opinion, that the judgments pronounced against Wilkes did
not render him by law incapable of being elected an alderman of the
city, and that he might be admitted into office, but they expressed
a doubt whether the Court of Aldermen could be forced to admit him.
On the other hand, the Recorder and the Common Sergeant as well as
Fletcher Norton (who gave a separate opinion) declared Wilkes's
election, in their opinion, to be invalid. Had it been valid, the
Recorder and Common Sergeant believed there was no other objection to
his being admitted except the impossibility of his attending the Court
of Aldermen for the purpose; but Norton was of opinion that the crimes
of which Wilkes had been convicted were a sufficient justification
for the court to refuse to admit him, over and above his incapacity
at the present time to attend to the duties of the office.[213] Under
the circumstances it was deemed best to keep the aldermanry open until
Wilkes regained his liberty.
[Sidenote: Wilkes again expelled the House, 3 Feb., 1769.]
In the meanwhile Wilkes had appealed to both Houses against the
sentence passed on him. He demanded to be heard at the Bar of the
House of Lords in defence of his writings, but this was denied him,
and the writs of error which he had brought were argued by his
counsel, Glynn and Davenport. This was on the 16th January (1769). On
the 27th, the day that he was returned unopposed as Alderman of the
ward of Farringdon Without, he was brought before the Commons, but
nothing urged either by himself or his counsel could move them in his
favour and on the 3rd February, they for the second time voted his
expulsion.[214]
[Sidenote: Elected the second time for Middlesex, 16 Feb., 1769.]
No sooner had the House passed this resolution than Wilkes announced
his intention of again standing for Middlesex, and on the 16th
February, he was again returned without any opposition. On this
occasion he was proposed by two members of parliament who were shortly
to become his brother aldermen, viz., Townshend and Sawbridge. Again
the House declared his election void, and himself to be incapable of
sitting in the existing parliament.[215]
[Sidenote: Returned the third time, 16 March. 1769.]
Not a whit abashed Wilkes again offered himself as a candidate, his
only opponent being Charles Dingley. Upon the day of the election
(16 March), Dingley, who had on a previous occasion come to blows
with Reynolds, Wilkes's election agent, and had come off second best,
received such rough handling that he was obliged to retire and leave
the field to Wilkes, who was returned unopposed. The election was for
the third time declared void, and a fresh writ issued.[216]
Public-domain text, read in full here on John Shaqi.
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