Crosby and Oliver before the House, 19 March, 1771.

In the meantime Crosby, who was suffering from a severe attack of gout, had attended in his place (19 March). Early in the morning handbills were distributed in the city informing the inhabitants that it was the intention of the mayor to attend Parliament that afternoon—"even though he should be obliged to be carried in a litter"—to uphold their rights and privileges, and calling upon them to escort him home on his return from Westminster. Here is a description of what took place taken from a contemporary newspaper;[279] "At two o'clock in the afternoon the right hon. the lord mayor set out from the Mansion House in a coach to attend the House of Commons, in pursuance of a summons, to answer for his conduct on Friday last. His lordship appeared very feeble and infirm, but in good spirits. Mr. Alderman Oliver and his lordship's chaplain, Mr. Evans, were in the same coach. A prodigious crowd of the better sort were at the Mansion House and in the streets near it, who testified their approbation by repeated huzzas, which were continued quite from the Mansion House to the House of Commons. On his arrival there one universal shout was heard for near three minutes; and the people during the whole passage to the House called out to the lord mayor as the people's friend, the guardian of the city's rights and the nation's liberties." Walpole minimises the display, and tells his friend that although thousands of handbills were dispersed to invite the mob to escort the mayor, not a hundred attended.[280] Having taken his seat in the House Crosby justified his conduct by the oath that he had taken on entering upon his mayoralty to preserve the liberties of the citizens, and desired to be heard by counsel.[281] Before his examination had proceeded far he was taken so seriously ill that he had to ask leave to go home. This was accorded, and "about five o'clock his lordship returned home, attended by a great number of people; and the populace took the horses out of the carriage at St. Paul's, and drew the coach to the Mansion House." The enquiry stood adjourned until Friday (22 March). In the meantime, leave having been given to him to appear by counsel, albeit with certain reservations, a committee was appointed to employ such counsel on his behalf as they should think fit, with power to draw on the Chamber to the extent of £500.[282] When Friday came the Speaker informed the House that he had received a letter from the lord mayor to the effect that he (Crosby) was so ill that he could not leave home, but that he would attend in his place as soon as his health permitted. Another adjournment was therefore made until the following Monday (25 March), and Oliver's defence was appointed for the same day.[283]

Crosby and Oliver again before the House, 25 March, 1771.

By Monday the lord mayor had sufficiently recovered to attend the House. At two o'clock in the afternoon he again set out in his coach accompanied, as before, by Oliver. Crowds again escorted them to Westminster, and the approaches to the House were so densely thronged that the Speaker gave orders to have them cleared. Even Walpole acknowledges this.[284] After the orders of the day for their attendance had been read Crosby explained how it was that no counsel appeared on his behalf. In the first place the restrictions that the House had placed upon the appearance of counsel—viz., that they should only be heard upon such points as did not controvert the privileges of the House—was such as to prevent counsel speaking on many points material to his defence; and secondly the counsel whom he could depend upon, and whom he wished to employ, were on circuit. He therefore made his own defence. It was now ten o'clock at night, and the exertion he had undergone had rendered him so weak that he again had to ask leave to withdraw, promising to abide by the judgment of the House. On his return to the city he met with another ovation, his coach being drawn by the people all the way to the Mansion House.[285]

Crosby adjudged guilty of breach of privilege.

After Crosby's withdrawal the debate was continued. It was moved that the lord mayor's discharging of Miller out of custody, and his having held the messenger of the House to bail, was a breach of privilege. To this was moved the previous question, but after long debate it was rejected and the original motion passed, order being given for the lord mayor to attend on the following Wednesday, if his health permitted.[286]

Oliver committed to the Tower, 25 March, 1771.

Notwithstanding the lateness of the hour, the House called upon Oliver. The alderman, however, did not detain them long. He declined to call witnesses or to say anything in his defence, beyond asserting that he had acted according to his duty, oath, and conscience. Again there was a long debate lasting until three o'clock in the morning, when the House resolved to send him to the Tower. The division was a small one, many members having already gone home in disgust. Oliver was allowed to go to his house in Fenchurch Street for a few hours before being removed to the Tower by the sergeant-at-arms.[287]

Speech of Alderman Townshend.

During the debate, Alderman Townshend appeared in the House looking very pale, having risen from a sickbed—"his hair lank, and his face swathed with linen, having had his jaw laid open for an inflammation"—and after commenting severely upon the arbitrary action of the House in erasing a record entered in the lord mayor's book, proceeded to twit the government with its obsequiousness to female caprice and boldly declared their arbitrary measures to be due to the baneful influence of the Princess Dowager of Wales.[288] Such a declaration was not only in bad taste, but contrary to Parliamentary usage. Nevertheless it was placidly listened to and only received a tardy and weak denial from Lord North—a sign that the House felt the insecurity of its position.