INTRODUCTION
This volume contains the minutes of two London committees of Protestant
Dissenters that sought repeal of the Corporation and Test Acts. (fn. 1) The first
committee, composed primarily of London Dissenting laymen together
with a select group of M.P.s, met from December 1786 to May 1790, and
supported three unsuccessful repeal applications to the House of Commons.
The second committee, meeting from April 1827 to December 1828, was
composed of Dissenting laymen and ministers in London and succeeded
where the first committee had failed. The minutes provide material for a
case study of an extraparliamentary campaign; systematic and relatively
complete, they explain how two early pressure groups operated internally
as organisations and how they worked externally to broaden the definition
of religious toleration. The documents also illustrate the action of London
pressure groups on national politics and provide an early model of reform
tactics that was widely used in later campaigns.
Historical Background
The Corporation Act of 1661 (13 Charles II, Stat. 2, c.1) and the Test Act
of 1673 (25 Charles II, c.2) were among the several statutes passed after the
Restoration that imposed civil and religious disabilities on non-Anglicans. (fn. 2)
The Toleration Act of 1689 made public worship easier for Dissenters but
did not fundamentally alter their legal status as second-class citizens. Unsuccessful attempts to repeal the sacramental test laws in 1736 and 1739
were directed by the Protestant Dissenting Deputies, an organisation of
prominent London laymen of the Three Denominations of Old Dissent
(Presbyterians, Independents and Baptists) formed in 1732 and dedicated
to protecting and expanding the civil rights of Dissenters through legal
action. It is extremely difficult to estimate accurately the effect of test laws
in excluding Dissenters from offices or the number of instances where the
acts of indemnity were used to gain access to offices. (fn. 3) There is little doubt,
however, that as the eighteenth century progressed, Dissenters increasingly
believed they had proved their loyalty to the state and were suffering from
anachronistic statutes. For many Dissenters, the actual effect of the test
laws became less significant than the stigma associated with them. (fn. 4)
Two important decisions, one judicial and the other legislative, affected
Dissenters in the early years of George III's reign. In 1767 the House of
Lords ended a twenty-five year legal battle between Dissenters and the
Corporation of London by ruling against the Corporation's practice of
levying fines on Dissenters who refused to serve in elected offices that
required the sacramental test. (fn. 5) However, Lord Chief Justice Mansfield's
declaration that Nonconformity was no longer a crime before the law did
not alter the fact that the Restoration penal statutes remained in force.
Except in the City, the House of Lords decision in 1767 had few practical
results for Dissenters. Three years later William Blackstone gave a more
realistic appraisal of their status, when he emphasised in his Commentaries
on the Laws of England that the penal laws against Dissenters had merely
been suspended by the Toleration Act and that the fundamental illegality
of Nonconformity had not changed in the succeeding eighty years. (fn. 6)
In 1772 a group of Anglican clergymen led by Theophilus Lindsey
petitioned the House of Commons to eliminate subscription to the ThirtyNine Articles as a prerequisite for ordination. The rejection of the Feathers
Tavern Petition, which caused several Anglicans such as Lindsey to resign
their livings to become Dissenters, did not prevent London Dissenting
ministers from seeking similar relief from the subscription requirement.
Twice approved by the Commons, their request was denied by the House
of Lords in 1772 and 1773. Success finally came at the end of the decade,
when Lord North's government did not oppose a bill abolishing subscription to the Articles for Dissenting ministers. (fn. 7)
The granting of religious toleration to Dissenters was not a major issue
in eighteenth-century England, the Toleration Act having given statutory
recognition to the view that the enforcement of religious uniformity was
impractical. But the precise nature and extent of that toleration were
debatable, particularly the aspect of whether a state with an established
church should impose a religious test for civil officeholders. High Church
Anglicans relied on the argument advanced in 1736 by William Warburton,
later Bishop of Gloucester, who defended the test laws and the churchstate relationship on the grounds of civil utility. (fn. 8) An even stronger defence
of the test laws came from Blackstone, who explained that the civil
magistrate 'is bound indeed to protect the established church; and, if this
can be better effected by admitting none but its genuine members to offices
of trust and emolument, he is certainly at liberty so to do: the disposal of
offices being matter of favour and discretion'. (fn. 9) A breach in the traditional
Anglican defence of the sacramental test laws occurred in the 1780s, when
William Paley published his Principles of Moral and Political Philosophy.
Although agreeing with Warburton that the Church's authority was based
on its utility to the state, Paley disagreed with the bishop on the question of
test laws by distinguishing between two types of toleration: partial, which
Dissenters had enjoyed since 1689, and complete, which they deserved but
would only have when admitted 'without distinction to all the civil privileges and capacities of other citizens'. (fn. 10) Test laws could be tolerated, wrote
Paley, only when rival sects were competing for establishment or when one
sect advocated seditious political principles; since neither instance applied
to English Dissenters, they were in his opinion entitled to complete toleration.
In addition to Paley's argument, several other considerations encouraged Dissenters to renew the repeal application late in 1786. One was the
expected support of William Pitt, whose father, Lord Chatham, had, in the
previous decade, spoken in favour of abolishing subscription for Dissenting ministers. Many believed that Pitt was indebted to Dissenters for their
support in the 1784 general election, when he, rather than Charles James
Fox, had appeared to be the proponent of reform. Furthermore, Pitt had
already co-operated with Dissenters in 1785, when he met with a London
delegation headed by Andrew Kippis, the eminent Presbyterian minister of
the Princess Street congregation in Westminster, to discuss methods of giving legal validity to non-parochial registers of births, marriages and deaths.
Another cause for optimism was the belief that throughout Europe the tide
was running in favour of a broader definition of religious toleration. The
expanded civil rights of Protestants in France were referred to, as were the
steps taken by Emperor Joseph II to remove civil disabilities imposed on
individuals for their religious opinions. (fn. 11) As far as the advocates of repeal
were concerned, the theory that had supported the test laws had lost whatever validity it might have had, especially in the light of the Dissenters'
record of loyalty to the state in the eighteenth century. For these reasons,
Dissenters in London regarded the mid-1780s as a propitious time to rekindle the repeal agitation that had been dormant for fifty years.
The 1786-90 Campaign
The nucleus of the London group known as the Committee Appointed to
Conduct the Application to Parliament for the Repeal of the Corporation
and Test Acts was the executive committee of the Protestant Dissenting
Deputies. Meeting in Dr Williams's Library late in December 1786,
members of this committee resolved that the test laws 'deprive the Protestant Dissenters of those civil rights to which they are equally entitled with
the rest of his majesty's subjects' (2) and, therefore, ought to be repealed.
Although the repeal committee's membership was soon expanded to
include M.P.s and men of commercial leadership and political influence in
the City (10), the Deputies continued to provide the main leaders and much
of the impetus for committee activity. The most active and conspicuous
member was the chairman, Edward Jeffries, a London factor, treasurer of
St Thomas's hospital, a trustee of Dr Williams's, a member of the Presbyterian Board representing St Thomas's Chapel in Southwark, and chairman of the Dissenting Deputies from 1785 to 1801. Of the seventy-seven
meetings recorded in the minutes, Jeffries missed only four and had the best
attendance record of the eighty-three members. (fn. 12) More significant was the
number of his assignments and subcommittee appointments, his total of
forty-one far surpassing the next highest figures of fourteen and twelve
held by Michael Dodson and Samuel Heywood. Jeffries was the individual
repeatedly given responsibilities, such as to meet William Pitt, collect
special campaign funds, draft resolutions and letters, canvass M.P.s and
confer with Charles James Fox.
Like Jeffries, a number of prominent committee members in the late
eighteenth century had achieved some worldly success as merchants, bankers,
doctors or attorneys. (fn. 13) Among the Dissenting Deputies present at the
December meeting, besides Jeffries, were James Bogle French, their
treasurer from 1791 to 1793; Thomas Boddington, a West India merchant
who succeeded French as treasurer; Stephen Lowdell, one of London's
leading General Baptist laymen and a physician in St Saviour parish,
Southwark; Thomas Rogers, a banker and former M.P.; and Benjamin
Bond Hopkins, M.P. for Ilchester.
By expanding the membership of the committee, the Deputies hoped to
facilitate the passage of the repeal bill through parliament and to add
prestige to the application as well as to draw on practical experience
derived from earlier extraparliamentary reform campaigns. Support of the
so-called 'Dissenting interest' was a common characteristic of the new
members, but being a practising Dissenter was not. Among the new
appointments on 5 January 1787 were eleven members of the House of
Commons, five of them Dissenters: Henry Beaufoy (Great Yarmouth),
Sir Henry Hoghton (Preston), John Lee (Clitheroe), James Martin (Tewkesbury), Richard Slater Milnes (York), Sir John Sinclair (Lostwithiel),
William Smith (Sudbury), Henry Thornton (Southwark), Robert Thornton
(Bridgwater), Samuel Thornton (Kingston-upon-Hull) and Thomas Whit
more (Bridgnorth). (fn. 14) Other new members of the committee who were not
M.P.s aided the repeal campaign, often indirectly, by using their influence,
by giving legal advice, or by assisting in the drafting of pamphlets. Prominent amongst such members were Sir James Esdaile, the director of a
London banking firm and a former Lord Mayor of London; James Adair,
a serjeant-at-law and Recorder of London from 1779 to 1789; Thomas
Brand Hollis, a former M.P. and a founder of the Society for Constitutional Information; Michael Dodson, a London barrister who headed a
modified repeal committee from 1790 to 1796; Samuel Shore, who had
been connected with Christopher Wyvill's Yorkshire Association; and
Samuel Heywood and James Watson, two future serjeants-at-law.
Committee meetings were generally held at the King's Head Tavern in
the Poultry, although members on rare occasions assembled at Dr
Williams's Library in Redcross Street. Jeffries almost invariably presided
at the meetings, which began shortly before noon on Tuesdays. Their frequency varied, depending on the season of the year and the relative closeness of the impending repeal debate; January, February and March were
the most active months, while no meetings were held from mid-June to
mid-November. Attendance varied too. For example, Jeffries, French,
Lowdell, Beaufoy and Rogers were rarely absent, but John Wilkes, who
was appointed on 2 March 1787, attended only one meeting (24). Twentyfour members were present at a meeting on 12 March 1789, compared to
only seven on 6 May of the same year. There were forty-seven London
members of the committee who attended at least one meeting; country
delegates, who were present at ten meetings between 16 February 1790 and
5 May 1790, numbered twenty-one.
The minutes make clear that one of the major assumptions underlying
the committee's actions was their belief that a carefully constructed argument could change opinion in their favour. Whether in their manifesto
entitled The Case of the Protestant Dissenters, in the legal opinions they
sought, in Samuel Heywood's widely circulated pamphlet on the right of
Dissenters to full toleration, (fn. 15) in conversations with M.P.s, or in their
Address to the People written in the wake of their third defeat, the committee was convinced that they were seeking 'nothing but what is just and
reasonable to be asked and what is safe and honourable to be granted'
(61). The key to getting that message accepted seemed to be through endless repetition, both written and oral, in the metropolis as well as in the
provinces, since men were presumed to be rational individuals capable of
supporting repeal once the arguments favouring it were made known. Although the effect of the committee's printed statements and the responses
to them cannot be measured precisely, little doubt exists about their
quantity. In his catalogue of the publications on repeal, John Disney, a
London minister, listed ninety-six titles for 1790 alone (a number of which
were hostile to repeal). (fn. 16)
Another prominent theme in the minutes is the frequent attention given
by Londoners to non-metropolitan Dissenters. Country Dissenters were
kept informed of proceedings by circular letters and pamphlets, and
repeated attempts were made to involve them more closely in the campaign. This interest in country Dissent accelerated during the three-year
campaign. At first, most of the effort went into improving communications
with 'gentlemen in the country' (17) and to distributing nearly seven
hundred copies of the Case to selected individuals in such places as Worcester, Newcastle, Bristol, Liverpool, York, Manchester and Nottingham
(19). Prior to the second application to parliament, several country Dissenters were made permanent members of the committee (65) and were asked
to attend meetings whenever they were in London. One subcommittee
worked at gathering the addresses of all the Dissenting congregations in
England and Wales, and another used the results to circulate more books
and pamphlets (65, 68). Country Dissenters were also urged to use their
'conversation, correspondence and influence to the utmost of their power'
(65) to elicit the support of M.P.s during the next repeal debate. After the
1789 defeat, Dissenters throughout the country were asked to form provincial committees, and in 1790 country delegates appeared regularly at
meetings of the repeal committee in London. Although it is difficult to
determine exactly how many provincial committees existed, the minutes
contain a number of references to county associations and district committees in such widespread areas as Wiltshire, Norfolk, Monmouthshire and
Cornwall (e.g. 98). Several provincial newspapers, including the Leeds
Mercury, the Newcastle Courant and the Norwich Mercury, refer to committees of Dissenters in Suffolk and Norwich and to regional associations
in the northern counties, the West Riding of Yorkshire and the Midland
District. (fn. 17) One of the London committee's last acts was to establish a
permanent standing committee composed of forty-two country delegates
and twenty-one London delegates to pursue the repeal movement after
1790 (122-4). Under the chairmanship of Michael Dodson, this committee
met occasionally and issued pro-repeal statements before disbanding in
1796, but it accomplished little because of the strong tide running against
reform during the national struggle against France.
In its varied membership, Jeffries' committee brought together people
associated with Wilkes, Wyvill and the Society for Constitutional Information; it also contained Pittite and Foxite reformers, members of the Revolu
tion Society and the Whig Club, and persons later to join the Friends of the
People. (fn. 18) Furthermore, the seventeen M.P.s who were members of the
committee were associated with a broad range of political opinions and,
as a group, did not adhere to normal political divisions in the House of
Commons. Despite this diversity of experience and viewpoint, the committee was able to avoid paralyzing conflicts, largely because of its unity of
purpose.
The minutes reveal a deliberate attempt by the London Dissenters who
directed the campaign to avoid the militant posture of earlier London reform activity. Although seeking public support through certain traditional
extraparliamentary methods, such as distributing tracts and collecting
addresses to parliament, the leaders of the campaign did not want to
project the type of radical image associated with John Wilkes and such
leaders of the Society for Constitutional Information as John Cartwright
and Capel Lofft. Large public demonstrations in particular were eschewed
in a campaign directed by moderates committed to persuading opinion and
M.P.s through unobtrusive lobbying and carefully reasoned, dispassionate
pamphlet propaganda. When a more strident group of London Dissenters,
including Richard Price, suggested in November 1789 a public meeting of
metropolitan Dissenters to express their support for repeal, Jeffries quietly
thwarted the proposal by declaring his committee unauthorised to sanction
such an event (97-9). Apprehension lest the meeting be taken over by
radical elements, probably caused in part by the memory of the Wilkite
crowds, the Gordon Riots and Price's recent controversial statements commemorating the Glorious Revolution, must have influenced Jeffries'
decision. (fn. 19)
Although no easy method exists for establishing a relationship between
a member's reputed approach to reform tactics and his influence on the
repeal committee, there are indications in the minutes that point to
domination by the moderates. Judging by subcommittee and delegation
appointments, the influence of committee members associated with certain
types of earlier metropolitan reform activity was comparatively small.
Thomas Brand Hollis, a person highly active in the Society for Constitutional Information, rarely missed a meeting but received only three subcommittee assignments. James Adair, although personally in favour of only
moderate reform, had earlier been associated with the Wilkes agitation and
by the late 1780s was closely identified with the Portland-Fox connection;
he did not attend his first committee meeting until January 1790, and his
name appears infrequently in the minutes. In 1788, four of the five officers
of the Society for Constitutional Information were members of the repeal
committee, but not one was a leader in the campaign. This deliberate
emphasis on moderation made the repeal movement resemble county
movements like Wyvill's and humanitarian reforms like slave trade abolition more than radical metropolitan campaigns. (fn. 20)
The repeal and slave trade abolition campaigns shared much in common.
Both relied in the late eighteenth century on similar extraparliamentary
tactics to mobilise public opinion, on local committees to arouse support in
the provinces, and on a London committee to direct overall strategy. Yet
there were significant differences. Although a number of repeal committee
members supported abolition, the reverse was not always true. James
Martin, William Smith and Joshua Grigby, for instance, were members of
Jeffries' committee who also joined the Abolition Committee. Furthermore,
Martin, Smith, Richard Milnes, Samuel Thornton and Henry Thornton
were among those on Jeffries' committee who divided for repeal in 1787 and
1789 and later for abolition in 1791 and 1796. The broad-based abolitionist
ranks, however, included a number of Anglicans, evangelicals and Quakers,
who, for different reasons, opposed relief for Dissenters. William Wilberforce, the most famous abolitionist leader, does not appear in the 1787 and
1789 minority lists and argued against repeal in the 1790 parliamentary
debate. (fn. 21)
The rarity of eighteenth-century division lists adds to the significance
of the 1787 and 1789 minorities entered in the minutes (60, 90). The lists
can be analysed separately and in relation to the other extant divisions on
reform issues. Ninety-two names appear on the first list and 101 on the
second; altogether there is a combined total of 136 members of the Commons cited in the two lists. The 1789 list, unlike the earlier one, also cites
each member's constituency. (fn. 22)
Several interesting points are revealed in these lists, besides the political
composition of the minorities. For instance, of the seventeen M.P.s who
were members of the repeal committee, only ten appeared on both lists,
two (Scott and S. Smith) on only one and five (Lee, Sinclair, R. Thornton,
Whitmore and Wilkes) on neither list. Three of the four M.P.s for the City
of London supported repeal on both occasions (Sir Watkin Lewes, N.
Newnham and J. Sawbridge) and the other member once (Brook Watson),
despite the negative position adopted by the Court of Common Council. (fn. 23)
Regarding M.P.s in greater London and outlying areas, support for repeal
was mixed. The Quintuple Alliance, composed in the early 1780s of reformers from London, Westminster, Southwark, Middlesex and Surrey,
comprised an area with twenty-two M.P.s; only five of those (three being
M.P.s for the City of London) voted for repeal on both occasions, five once
and twelve not at all.
The committee's annual reports clearly illustrate the way in which
members viewed and interpreted each defeat. In the 1787 report (50-5), the
committee described their actions and stated with characteristic optimism
their belief that the friends of religious liberty during the parliamentary
debate 'had clearly the advantage in point of reason and argument'. The
expectation throughout is one of inevitable success: 'A claim which stands
upon such high grounds of natural right and political wisdom cannot fail
in the end to dispel every degree of apprehension and jealousy and to
triumph over all opposition'.
The second report (88-90) stressed the committee's attempt to improve
communications with and enlist the support of country Dissenters. In their
analysis of the division, the committee interpreted the small majority
against them (twenty votes, 124-104) as a sure indication of a promising
future, particularly since the pro-repeal speeches had 'increased the numbers of our friends and relaxed the efforts of our opponents'. Because of
'the ensuing general election', the names of the M.P.s who had divided in
favour of repeal in May 1789 were printed and circulated with the second
report. There was no acknowledgement that the small turnout against
repeal might have been caused by the time of year, May being late in the
session and a time when many members had left London after frequent
attendances during the Regency crisis a few months earlier.
The 1790 report (139-40) is interesting both for its detailed explanation
of why the committee suffered a third defeat and for the reasons it omits.
Pitt is singled out as the principal villain for having employed the parliamentary tactic of a Call of the House to ensure a large attendance. (fn. 24) The
report also attributed the overwhelming defeat to three causes: first, the
spread of 'church in danger' reports by the enemies of repeal; secondly,
the adverse reaction to the Dissenters 'testing' parliamentary candidates in
the approaching general election by asking if they had previously divided
for repeal (fn. 25) and, thirdly, the growing apprehension over events in France,
particularly the National Assembly's abolition of tithes and the confiscation
of church property. Considering such 'inauspicious circumstances' and the
steps taken 'to prejudice the minds of the members of the House of Commons', the unfavourable division, wrote the authors of the report, should
not have been surprising. They concluded, however, on their usual positive
note, referring to the friends they had won by openly discussing repeal, to
the fact that the debate 'had excited no fresh enmity to us' and to the
eventual success of the newly created standing committee.
Nowhere in the three reports was any reference made to the Crown's
influence in the defeat of the repeal motions. George III's adamant opposition, based largely on his interpretation of the coronation oath, was stated
explicitly in letters to William Pitt. In 1787 the king described repeal as
'destructive ... to any solidity in Government' and said that granting toleration to Dissenters 'has encouraged them now to want power'. (fn. 26) Following
the 1790 division, he again wrote Pitt, 'I shall hope Parliament will not be
again troubled with this most improper business'. (fn. 27)
The French National Assembly's attack on church property, combined
with the pro-French remarks made by Richard Price and the Rational
Dissenters, drove the final nails in the repeal campaign's coffin and partially
explains why a motion that failed by only twenty votes in May 1789 was
defeated by 189 less than a year later. Defenders of England's national
church were particularly alarmed by developments in France and, subsequently, turned out in large numbers to oppose repeal. In the repeal
debate on 2 March 1790, Charles James Fox admitted that 'innovations
were said to be dangerous at all times, but particularly so now by the situation of affairs in France'. (fn. 28) Edmund Burke was even more specific, calling
the destruction of the French church 'peculiarly shameful and scandalous'
and condemning Dissenting ministers for 'recommending the same sort of
robbery and plunder of the wealth of the church as had happened in
France, where some men were weak enough to imagine a happy revolution
had taken place'. (fn. 29) Would not the adoption of Dissenting principles, he
argued, lead to 'the plunder of the wealth and revenues ... of our church,
as it had done in the case of the church of France'? (fn. 30) The effect of Burke's
rhetoric was to establish in the minds of most M.P.s a sequential connection between the destruction of the French church, repeal of the test laws,
and the eventual collapse of England's national church.
Other causes of the committee's defeat not mentioned in the third report
included Burke's eloquent attack on the natural rights plank in the Dis
senters' argument for repeal and Pitt's convincing articulation of the intimate and interdependent relationship of church and state. One could also
conclude that a repeal motion lacking government support would have
had difficulty in passing the Commons, particularly after the beginning of
the French Revolution. Compounding the political difficulties was the
distress among conservative members of the Opposition caused by Fox's
leadership in the 1790 motion. Furthermore, Jeffries' committee failed to
dissociate repeal from the radical tradition and forward-looking ideology
of earlier metropolitan reform campaigns. The leaders of Dissent repeatedly
emphasised the backward-looking nature of the reform they sought. They
asked for the restoration of their rights of full citizenship but were
considered extremists for wanting to alter what many thought to be the
inviolable bonds uniting the civil and ecclesiastical branches of the constitution.
The 1827-8 Campaign
The fifteen years prior to the formation of the United Committee in 1827
were marked by several changes in the legal status of Dissenters and by
periodic calls for a renewal of the repeal movement. An important victory
occurred in 1811, when a major campaign was directed against Lord Sidmouth's Bill that would have sharply curtailed the registration of Dissenting ministers. In 1812 Lord Liverpool's government agreed to a bill (52
George III, c.155) that broadened the terms of religious toleration by
repealing the Five Mile Act, altering the Conventicle Act and facilitating
the registration of ministers; a year later the benefits of the Toleration Act
of 1689 were officially extended to Unitarians. In 1817 a resolution passed
at the annual meeting of the Dissenting Deputies indicated a revival of
interest in repealing the Test and Corporation Acts. That interest continued
into the 1820s and culminated in a decision reached by the committee of
Deputies on 9 April 1827 to invite various Dissenting organisations to cooperate with them in a joint repeal effort. (fn. 31) Invitations were sent to the
Protestant Society for the Protection of Religious Liberty, the Unitarian
Association, the General Body of Protestant Dissenting Ministers, the
Society of Friends, the Wesleyan Methodist Conference, the Presbytery of
the Scotch Church, and the Presbytery of Seceders; the first meeting of the
United Committee was held at the King's Head Tavern on 20 April 1827
(143).
The Catholic question, which was not settled until the year after repeal,
was a major political issue in the 1820s that directly affected the fate of the
repeal campaign. Unlike the 1780s, when Dissenters had dominated the
movement for civil equality, the United Committee encountered a quite
different situation in which Catholic relief was of paramount importance.
Many ardent defenders of the Protestant constitution could not support
repeal because of the stimulus that it would give to proponents of the more
dreaded matter, Catholic emancipation; success in either cause would in their
estimation fatally weaken the principle of religious exclusion and the union
between church and state. A number of Whigs favoured repeal, particularly
in 1827, but discovered that the path to political power with George Canning that year was only open to those willing to assign Catholic relief
higher priority. (fn. 32) Also, some supporters of emancipation were willing to
support repeal, but only after victory on the issue they considered more
important; their fear was that anti-Catholic Dissenters would openly
oppose emancipation if repeal came first. Restraining anti-Catholic sentiments, especially within evangelical Dissent, posed a delicate problem for
the United Committee, whose leaders recognised that emancipation would
no doubt enhance their own chance of success.
Further comparisons of the United Committee with its eighteenthcentury predecessor reveal similarities and contrasts. Meetings were again
held in the King's Head Tavern in the Poultry. Jeffries' committee, primarily because of the addition of country delegates, was larger in total
membership; the United Committee's average attendance was slightly
higher and, in comparison, the membership was established earlier in the
campaign and the turnover of members was smaller. (fn. 33) Although both
committees had members from each of the three traditional branches of
Dissent (Presbyterians, Independents and Baptists), the United Committee
seemed more denominationally conscious, with careful consideration being
given to balancing the various components of Dissent; this balance included Unitarians, who had not been formally represented in the 1780s.
Jeffries' committee had been enlarged by adding M.P.s and men active in
the commercial world; the United Committee attempted to expand by
drawing in more denominational groups. Several organisations, including
the Society of Friends, the Wesleyan Methodist Conference and the
Presbytery of the Scotch Church, declined invitations to join the United
Committee, and the Protestant Society did not send delegates until January
1828, after it had become clear that the repeal campaign would be fought
without reference to Catholic emancipation, an issue strongly opposed by
the Protestant Society. Another distinction was that the United Committee
was composed entirely of Dissenters. Furthermore, ministers, who had
been excluded in the 1780s (with the exception of country delegates), were
active members of the United Committee. Among the most prominent
were James Baldwin Brown, John Humphrys and Robert Winter, Independents; Robert Aspland, a Unitarian; and Francis Augustus Cox and
William Newman, Baptists.
Aspland, the pastor of the Gravel Pit Congregation in Hackney, was
particularly important on account of his influence in various branches of
Dissent. Although an avowed Unitarian and associated with the traditions
of rational Dissent, he was also a charter member of the Protestant Society
for the Protection of Religious Liberty, an organisation noted for its
evangelical persuasion. Aspland sat on a number of publication subcommittees, drafted statements and petitions, and in December 1827 was
appointed editor of the Test Act Reporter, which appeared monthly
throughout the repeal campaign. In this periodical, Aspland printed histories of the test laws, parliamentary debates concerning repeal, petitions
and resolutions from various organisations supporting repeal, and selected
proceedings of the United Committee. (fn. 34)
Although ministers were present and active, laymen again dominated
the United Committee in terms of membership and, considering William
Smith's significant role, in terms of leadership too. In numbers alone, laymen were in the majority because the Dissenting Deputies' executive
committee with twenty-one members formed the nucleus of the United
Committee and because many denominational organisations chose laymen
as their delegates. The Unitarian Association, for example, was initially
represented exclusively by laymen, such as John Bowring, subsequently an
M.P., John Christie, a merchant, and Edgar Taylor, a solicitor. As in the
1780s, there were laymen on the United Committee, who enjoyed success
in careers that had traditionally attracted Dissenters, including barristers,
solicitors, authors, merchants, manufacturers, bankers and stockbrokers.
Three members of the committee, William Smith, Henry Waymouth and
Thomas Wilson, also belonged to the first council that governed the newly
established University of London.
William Smith was the only individual who belonged to both repeal
committees. Chairman of the United Committee, he, like Edward Jeffries
before him, preferred a cautious approach to reform. Although a practitioner of extraparliamentary tactics, he wanted a campaign that stressed
parliamentary manoeuvre by men of social prominence and political influence more than widespread popular agitation. (fn. 35) The campaign was
fortunate in having such a leader, as no other Dissenter in the 1820s could
match Smith's prestige and political experience. He used these gifts to full
advantage in meetings with Lord John Russell, Robert Peel and the
Marquess of Lansdowne, in drafting resolutions, in speeches in the House
of Commons, and in his work in the publications subcommittee (e.g. 228,
245, 248). Since his arrival at Westminster in 1784, he had become a
veteran of many parliamentary battles for social and humanitarian reform,
and his reputation as holding moderate views on political reform enhanced
his effectiveness as the leading spokesman in the repeal campaign. Smith,
better than any other member of the committee, was able to gain the attention of Robert Peel, to unite temporarily evangelical and rational Dissenters
despite the Catholic issue, and to preserve the campaign's moderate tone.
William Smith was the only M.P. with formal membership of the United
Committee. Matthew Wood, alderman and M.P. for London, represented a
special case. Although not technically a member, he did serve on a subcommittee (172) and used his influence to support repeal in the Court of
Common Council and in parliament. Robert Waithman and William
Thompson, also London M.P.s and aldermen, used their influence similarly,
although they were not members of the committee.
The secretary of the committee in the 1820s can be identified, but some
doubt exists as to his identity during the previous campaign. On 11 May
1787, the committee resolved that the treasurer, James Bogle French, 'do
pay Mr. Cotton, secretary to this committee, £60 on account of his bill'
(57). This reference to the secretary, the only one by name in the first set of
repeal minutes, was probably to Thomas Cotton, who served as secretary
to the Dissenting Deputies from 1767 to 1788, when he was succeeded by
Bayes Cotton, the secretary until 1795. The same change probably took
place in the secretaryship of the committee in 1788, although the minutes
are silent on the subject. Four decades later, Robert Winter, an Independent
layman who resided at 16 Bedford Row, was similarly secretary to the
repeal committee and to the Dissenting Deputies. Not to be confused with
the Independent minister of the same name, Winter played an important
role in the deliberations of the United Committee (e.g. 220-1, 224, 250-3,
259-60). Winter's book of 'Out Letters' has survived (Guildhall Library
MS. 3085) in which he recorded not only letters but copies of sample
petitions, the names and addresses of most committee members and his
estimate of the number of Dissenting ministers in England and Wales
(1,499). In his minutes he also included Benjamin Hanbury's highly detailed
calculation of how many Dissenters could be found in England and Wales.
Hanbury's total for England alone was three million, 'or a fourth of the
whole population of England exclusive of Catholics and Jews' (226).
Information concerning the finances of both campaigns is somewhat
scanty. Recognising that their regular sources of income were insufficient,
the Dissenting Deputies were asked early in 1790 to solicit contributions
from their congregations, and Jeffries was named treasurer for this special
subscription; he was also asked to seek financial aid from friends who,
though not Dissenters themselves, supported repeal (116). The only specific
response to this solicitation recorded in the minutes was on 5 May 1790,
when John Yerbury presented a donation of £56 14s from the Salters' Hall
congregation (133). In the later set of minutes, Robert Winter listed £3,000
as the total cost of the 1827-8 campaign (274) and £1,053 15s 11d as the
cost of the celebration banquet held in June at Freemasons' Hall. According to one author, the Deputies contributed £2,000 to the expenses of the
campaign and the Protestant Society £1,000. (fn. 36)
Although both campaigns had an extraparliamentary aspect, the second
paid far more attention to inundating both houses of parliament with
petitions for repeal, a tactic which prompted in retaliation several petitions
against repeal. The committee circulated throughout Great Britain sample
petitions composed for Dissenters and Anglicans, both laymen and
ministers, to be submitted to parliament (207-9). Numerous petitions were
received in a short period of time. In 1827, communities deluged the
House of Commons with 1,114 petitions in favour of repeal. The following
year, the Commons received 1,362 pro-repeal petitions and only twentyeight against the measure. (fn. 37)
There was no diminution in the 1820s of the repeal committee's zeal for
circulating pamphlets and broadsides in support of the Dissenters' cause.
The first subcommittee appointed during the 1827-8 campaign was charged
with supervising publications and within one week had selected ten
periodicals in which to publish Edgar Taylor's seventeen-page pamphlet
entitled The Statement of the Case of the Protestant Dissenters under the
Corporation and Test Acts (151). Taylor's Case was similar, although the
argument was more fully developed, to the Case circulated as a broadside
by Jeffries' committee. Taylor traced the history of the test laws, describing
them as a 'transitory necessity' of 'almost accidental origin' that 'arose
from a singular concurrence of circumstances'. (fn. 38) His case for their repeal
was stated in familiar terms: history had proved the loyalty of Dissenters,
who in this time of 'national tranquility' were claiming their right to full
religious liberty; the indemnity acts could not benefit conscientious
Dissenters but only those willing to sacrifice principles; the state would
benefit from repeal; and the established church, which was not protected
from unscrupulous persons by the test laws, would after repeal no longer
be forced to profane the holy sacrament by using it for secular ends. (fn. 39)
Taylor's Case was also sent to newspapers (165) and to 'all the Protestant
Dissenting ministers in and about London' and 'in central places' (152)
throughout England and Wales for distribution. On 11 June 1827, the
committee resolved that 5,000 additional copies be printed for general
circulation, and three days later Winter 'reported that 10,000 copies of the
Statement of the Case had been sent to the editor of the Edinburgh Review
"to be stitched into the numbers of those works now publishing".' (173) In
addition to co-operating with Robert Aspland in editing the Test Act
Reporter, the publications subcommittee also distributed repeal petitions
among M.P.s, drafted letters and resolutions, circulated parliamentary
debates on repeal, and organised the celebration banquet once the bill had
passed both houses of parliament (e.g. 212, 218, 228, 266).
One striking contrast between the two campaigns concerns the position
taken by the Corporation of London. On 25 February 1790, the Court of
Common Council convened a special meeting in Guildhall to debate the
repeal motion soon to be argued before the Commons. Despite a lengthy
speech by Joshua Toulmin defending the propriety of repeal, the Common
Council passed three anti-repeal resolutions by a substantial majority.
Advanced by James Syms, these resolutions referred to the Court's duty
of protecting the Church of England, described the test laws as essential
bulwarks of the constitution, and expressed gratitude to those M.P.s who
had already twice divided against repeal. (fn. 40) Syms's resolutions echoed the
sentiments of 'an alarmist sermon' preached two weeks earlier by the
Lord Mayor's chaplain to the aldermen and sheriffs of the City. (fn. 41) Twentyseven years later, at another special meeting, the Court of Common Council
reversed its position, passing by a large majority resolutions in favour of
repeal, and petitioning both houses of parliament to repeal the test laws.
Samuel Favell, who was also a member of the United Committee, was the
principal spokesman for repeal. On 9 May 1827, his resolutions were
seconded by Walter Peacock and supported in speeches by Thomas Pewtress, who joined William Smith's committee the following year, and by
Apsley Pellat, who later served as chairman of the Dissenting Deputies.
On 24 January 1828, the Court again passed Favell's resolutions and sent
them as a petition to the Commons and to the Lords. (fn. 42)
One of the most controversial aspects of the repeal debate in both houses
of parliament concerned Sir Thomas Acland's proposal to substitute a
declaration by officeholders for the sacramental test. The declaration (245),
which some critics viewed as simply another religious test, sought to
protect the established church and was staunchly opposed when it first
came to the committee's attention early in March 1828 (230). Throughout
that month, the committee made various attempts to circumvent the
proposal, but eventually acquiesced and accepted a modified declaration, (fn. 43)
upon the advice of Lord John Russell and Robert Peel, as a necessary
compromise in order to placate Lord Eldon and make the repeal bill
acceptable to the House of Lords (240, 243). Hardly had the declaration
been reluctantly accepted by the committee, however, than the Corporation
of London intervened to pose an additional problem.
Grateful as they were for the Corporation's support for the repeal bill,
the committee was less than enthusiastic over a special request made by the
Corporation after the bill passed the Commons and reached the Lords. On
3 April 1828, the Court of Common Council resolved that the repeal bill
'be referred to the Committee for General Purposes, for them to consider
of a proper Clause or Clauses to be inserted in the said Bill, so far as
regards the Members of the Corporation, and to do therein as they may be
advised'. (fn. 44) For the next several weeks, Robert Winter met frequently with
the City Solicitor, Recorder, Common Serjeant, and Remembrancer to
discuss two clauses advanced by the City. The first clause (255) specified
where and when the Lord Mayor, aldermen and sheriffs would make the
proposed declaration; the second, and more controversial clause, stated
that any individual elected to corporate office who did not make the
declaration 'shall not, by reason of such neglect or refusal, be exempted or
discharged from any fine or penalty imposed or to be imposed by any
bylaw, custom or usage of any such corporation for not taking upon him
or them or not serving any such office' (255).
Lord Holland, the principal sponsor of the repeal bill in the upper house,
consented to advance the City's first clause but advised against the second.
Reassured by Winter that Dissenters would not attempt to evade any fines
implied by the second clause (259), City officials agreed to Holland's
recommendation. On 1 May 1828, however, Winter read a letter in which
Holland stated, 'I suspect there will be more difficulty about the City clause
than I foresaw' (267). Faced with technical objections to the clause by the
Solicitor General and with probable delays to the bill's passage, the committee acquiesced in Holland's recommendation (267) that the most
expeditious course would be to drop the City's proposals altogether. Dissatisfied with this decision, City officials asked London M.P.s to revive the
clause during some future discussion of the bill's amendments, but the
opportunity never came. (fn. 45) Two months after the repeal of the Corporation
and Test Acts, the Court of Common Council enjoined the Committee for
General Purposes to continue seeking ways to protect Court members who,
once elected to offices, jeopardised their positions by refusing to make the
declaration. The Committee's report in November recommended specific
procedures for making the declaration but did not offer any suggestions
about how to evade the requirement. (fn. 46)
Only one reference to Roman Catholics appeared in the 1786-90
minutes, compared to numerous references in 1828. When stating the
reasons for renewing the repeal application in 1790, Jeffries' committee
referred to 'the most free and liberal toleration' offered by 'our Catholic
neighbours', in contrast to the 'intolerance and persecution' characteristic
of England's established church (105). (fn. 47) The major issue regarding Catholics
for Smith's committee was whether or not to join with them in a joint
campaign against all civil disabilities imposed for religious reasons. Lord
John Russell, learning of such a proposal from a newspaper article, strongly
advised against a joint campaign; the committee concurred with Russell
and consistently rejected overtures from the British Catholic Association.
An embarrassing situation arose for Smith's committee in late January
1828, when a story appeared in the New Times and in the Courier reporting
that Dissenters were seeking the support of Catholics on the subject of
legislative relief from the test laws. Winter asked, without success, for the
editors of the two papers to print retractions of the erroneous story, and
the committee reconfirmed their belief in the political expediency of
separate campaigns (220-1). (fn. 48)
Unlike Jeffries' committee, whose members often sought legal advice
from outside their organisation, Smith's group relied primarily on the legal
expertise of Christopher Richmond of Middle Temple, who joined the
committee as a delegate from the Unitarian Association in June 1827.
Referred to in a letter by Lord Holland as 'counsel to the committee' (251),
Richmond drafted the repeal bill and its several revisions, added appropriate clauses, and gave legal opinions on indemnity acts and the implications
of the controversial declaration proposed by Acland (228, 239, 248, 252).
The complicated political situation in 1827-8 had a major effect on the
repeal application. At the moment the United Committee was beginning to
form, delicate negotiations were determining what type of ministry would
come to power in the wake of Lord Liverpool's unexpected illness and
resignation. By April 1827, it was clear that George Canning would form a
government with the aid of a Whig alliance. After several meetings,
including one on 22 May that was attended by a sizeable number of Whig
peers and M.P.s (167), the United Committee accepted Lord Holland's
advice and agreed on 28 May to postpone their application (168), thereby
choosing to defer to Canning's wishes on Catholic relief rather than
embarrass the Whigs by asking them to insist on repeal as the issue demanding earliest attention. This decision to postpone the application was
opposed by the Unitarian Association and the Protestant Society, and Lord
John Russell referred to the diversity of opinion within Dissenting ranks
when withdrawing his repeal motion in the Commons on 7 June. (fn. 49)
By the beginning of 1828, the political situation had changed significantly, and the United Committee was active again. Canning had died the
previous August, Viscount Goderich's brief ministry had ended in January,
and the Duke of Wellington had come into office at the head of a coalition
government with Robert Peel at the Home Office. According to Lord
Ellenborough, Lord Privy Seal, the government decided at a cabinet
meeting on 25 February to oppose Lord John Russell's repeal motion on
the grounds that the test laws were 'no practical inconvenience'. (fn. 50) Consequently, Peel, William Huskisson and Viscount Palmerston voiced their
objections in the Commons debate the following evening. Confronted,
however, with a majority division of 237-193 in favour of Russell's motion
early in the morning of 27 February, Peel's opposition began to wane. In
his lengthy correspondence on the subject of the test laws with Dr Charles
Lloyd, Bishop of Oxford and formerly his Oxford tutor, Peel revealed a
position that combined practical politics with his concern for the church's
security. On 20 March 1828, one month after the crucial division on
Russell's motion, Peel wrote that numerous factors influenced his decision
on how to vote on specific issues: 'One of those considerations and a most
material one is the prospect of being victorious or being beaten.' Later in
the same letter, he added, 'I do not think that it is therefore possible to
contend from the abstract position that the true test—or one of the essential
tests of an Established Church—is the superior privilege as to civil rights
of its members.' (fn. 51) In his adamant opposition to the repeal bill in the
House of Lords, Lord Eldon contended that nothing had essentially
changed since nearly forty years earlier, when parliament had overwhelmingly defeated the Dissenters' request. In his memoirs, Peel pointedly
acknowledged 'that something had occurred since the period referred to by
Lord Eldon, which it would not have been wise to exclude from the consideration, namely, that the majority of 187 which voted against the Bill in
the year 1790 had been converted in 1828 into a majority of 44 in its
favour'. This change was 'decisive evidence', Peel wrote, 'of a change in
public opinion'. (fn. 52)
Both repeal committees contributed significantly to the change in public
opinion noted by Peel. Among the first organisations to employ a wide
variety of extraparliamentary tactics, such as petitions, addresses, pamphlets, lobbying and regional associations, the committees succeeded in the
delicate area of prodding public opinion without antagonising it. This
achievement was due largely to Jeffries' and Smith's insistence on maintaining a moderate approach to reform and avoiding an unduly aggressive
position. Above all, the leaders of the campaign recognised the importance
of quietly but firmly communicating their point of view to members of
parliament. (fn. 53) Historical conditions, such as the increasing awareness in the
1820s that certain religious tests for civil offices might be removed without
dire consequences for the state, no doubt benefited Dissenters. By relying
on moderate tactics, however, the committees made a positive contribution
by choosing precisely the tactics best suited to the times. Moderation was
the key, in terms of effectively mobilising public opinion, assuring that
M.P.s would at least listen to their case, calming the fears of people who
dreaded the idea of change, and keeping unity within Dissenting ranks.
Above all, it made Dissenters appear basically safe in the eyes of the
political nation. This carefully managed approach remains the single most
important factor in analysing the success of the repeal campaign.
Editorial Note
The minutes of Edward Jeffries' committee (1786-90) are here printed in
extenso. Those parts of the United Committee minutes not printed in the
Test Act Reporter are also here printed in full. (Robert Aspland frequently
referred to these portions of committee proceedings and communications
as 'of too private and confidential a nature to be made public', e.g. TAR
450.) Those portions of the United Committee minutes that appeared in the
TAR are summarised and printed in smaller type. Spelling and capitalisation have normally been modernised and some adjustments to punctuation
have been made. Minor scribal errors have been silently corrected. The
index contains entries for people, places and subjects.
Acknowledgements
I wish to thank the American Philosophical Society and the Virginia
Military Institute for research grants that enabled me to prepare this
volume and the Protestant Dissenting Deputies for permission to publish
the minutes. I would also like to thank Donald Ginter for his encouragement, J. R. Dinwiddy and J. M. Collinge for commenting upon the
Introduction, and Rosemary Taylor, Katherine Swift and Clyde Binfield
for suggestions on biographical sources. The understanding and patience of
my wife, Helen, are especially remembered.
Lexington, Virginia September 1977
Thomas W. Davis