The powers of the livery were further defined in a legal opinion delivered about this time by the Recorder and Common Sergeant on the questions (1) Whether the lord mayor, aldermen and livery of London in Common Hall assembled could do any corporate act except under the powers given them by Acts of Parliament; (2) Whether an order of the livery in Common Hall to the Town Clerk to affix his signature to such a document as the last remonstrance would be a sufficient justification for him in a court of law in case of a criminal prosecution; and lastly (3) Whether individuals signing such a remonstrance be liable to a prosecution of libel? To the first two questions counsel made the following answer;—"From the best information wee can get of the usage and constitution of the City the Common Hall is not empowered to do any act strictly corporate not having the direction of the City Seal. They can do no act that binds the estate of the City or that effects the admission or removal of any of its members." Then, referring to the former opinion of the Recorder just mentioned, they proceeded to say;—"wee did in concurrence with Mr. Solicitor-General and Mr. Dunning upon consideration give an opinion that a Common Hall was a lawful assembly vested with legal powers. Wee find that opinion warranted by Lord Coke's authority, and therefore without more research and enquiry than can now be made, wee cannot alter our opinion." They were further of opinion "that no Act of Common Hall can endanger the Charters or Franchises of the city, and wee think that the right of petitioning a necessary consequence of a lawful assembly." As a result of their answer to the first question they believed that the Town Clerk, being by office the clerk of a legally convened meeting of the Common Hall, would not render himself criminally liable by giving his signature to the acts and resolutions of that assembly. As to the question of libel, that depended upon a variety of circumstances, but in their private opinion counsel believed that no one presenting the late remonstrance could be treated legally as a criminal.[360]
Bull, mayor, elected M.P. for the City, Dec., 1773.
At Michaelmas, Wilkes again put up for the mayoralty, but although he was again returned at the head of the poll he was again rejected by the Court of Aldermen in favour of his friend Bull.[361] Before the end of the year Bull was also chosen member for the City in the place of Ladbroke, who had died. A petition was laid before Parliament against his election, and in favour of his opponent, John Roberts, a court candidate, but was afterwards withdrawn.[362] The king had at one time expressed himself to North as thinking it best not to offer any opposition to Bull's election as member for the city, unless there was a good hope of success. "If Alderman Bull can be with success opposed, I should think it eligible; but if that is not pretty certain it is best not to interfere."[363] On learning, however, that Roberts, a former director of the East India Company, was about to stand he wished him success.[364] Previous to his election Bull signed an engagement (formulated by the livery at their meeting in March), to use his best endeavours to shorten the duration of parliaments; to exclude pensioners and placemen from the House; to establish a fair and equal representation of the people in Parliament; and to redress the grievances and secure the constitutional rights of his fellow subjects in Great Britain, Ireland and America. He also solemnly promised not to accept from the crown or its ministers any place, pension, contract, title, gratuity or emolument whatsoever.[365]
England and the American colonies, 1765-1774.
It was during Bull's mayoralty that the relations between England and her American colonies became so strained that in 1775 the two countries were at open war. For the past ten years the colonies had displayed more or less resistance to the British government. In 1765 the Stamp Act was passed, and in the following year it had to be repealed. The irritation caused by its imposition remained, however, and the colonists began to ignore the authority of British Acts of Parliament. In 1767 another Act was passed by Parliament imposing import duties in America upon certain articles, and among them upon tea; but the Act was rendered from the outset almost a dead letter through the resistance offered to the execution of its provisions. Matters were not improved by the repeal of all the duties, except that on tea, three years later (1770), more especially when the Americans learnt that Lord North openly acknowledged that he retained the tea duty, not on account of its value, but simply in order to assert the right of England to tax her colonies. The crisis came in 1773, when the tea-ships lying in Boston harbour were attacked, and their cargo flung into the sea. In September of the following year (1774) all the American colonies agreed to combine in stopping commercial intercourse with Great Britain until their grievances were redressed.
The city and the Quebec Bill, 1774.
In the meantime a Bill had passed the Lords, and been sent down to the Commons, giving a constitution to Canada. The City presented a strong petition against the Bill (3 June) as unduly favouring the Roman Catholics, and begged the king to withhold his assent after the Bill had passed both Houses.[366] It was to no purpose. The country generally, and the clergy of the Established Church more particularly, showed great indifference,[367] and the Bill became law. The mayor received a letter of thanks from the Protestant settlers in Quebec, through Francis Maseres, (Cursitor Baron) for what the City had done in the matter; and the City thus encouraged resolved to continue its efforts and endeavour to get the Act repealed as soon as possible.[368] The king was strongly of opinion that the agitation in the City was merely got up "just to make a noise" at the coming elections in Common Hall,[369] and Walpole appears to have been much of the same opinion. He believed it was a move on the part of Wilkes in order to carry the election of sheriffs. By getting two friends appointed sheriffs he would be in a position to get Reynolds, his own attorney and election agent, appointed under-sheriff, and so "be more sure of the returning officer against the general election," which was fast approaching.[370] If this were so his scheme was frustrated for his nominees failed to get elected.
Wilkes elected mayor, 8 Oct., 1774.
His star nevertheless was soon to be again in the ascendant. At the next election to the mayoralty, he was not only again returned at the head of the poll, but second to him was Bull, his friend, and actual mayor. The other candidates who went to the poll were James Esdaile and Brackley Kennet, both of them senior to Wilkes. Hallifax and Shakespeare, the senior of all did not even go to the poll. Sawbridge who was next below Wilkes did not press his candidature, as the latter—according to Walpole—"had regained him by promising to bring him into parliament for the city." According to the same authority Wilkes "made" Bull decline the chair a second time, and hence it came to pass that when these two were returned to the Court of Aldermen, eleven voted for Wilkes, whilst only two, viz., Townshend and Oliver, voted for Bull. "Thus, after so much persecution of the court, after so many attempts on his life, after a long imprisonment in a goal, after all his crimes and indiscretions, did this extraordinary man, of more extraordinary fortune, attain the highest office in so grave and important a city as the capital of England."[371] That night Alderman Harley, an old opponent of Wilkes, had his windows broken, and the culprit was carried before Wilkes himself.[372]