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]