The Society for Constitutional Information

In our household we are hoping for a late election. My son turns 18 in the summer, so the timing will determine whether or not he can vote in the forthcoming general election. This approaching milestone makes my current work on citizenship education all the more pertinent. Alongside this, in my classes on early modern history at Newcastle University I have been exploring with my students the development of political institutions between 1500 and 1800. In discussing the constitutional changes that occurred during the Civil Wars, or the proposals put forward by reformers in the late eighteenth century, some students have commented that they do not feel they have a good understanding of the workings of our political system today and that school did little to prepare them for their role as adult citizens.

The members of the Society for Constitutional Information (SCI), which was established in 1780, were equally concerned about the lack of an understanding of the constitution among residents of Britain in the late eighteenth century. Of course, the circumstances then were very different. In 1780 it is estimated that only 3% of the population of the United Kingdom had the vote. Today the percentage is approximately 68%. The main activity of the SCI was to disseminate knowledge of the British constitution among the population as a means of gaining support for the campaign for parliamentary reform.

In their first Address to the Public, the Society set out the fundamental belief that underpinned their commitment to reform:

LAW, TO BIND ALL, MUST BE ASSENTED TO BY ALL (An Address to the public,

from the Society for Constitutional Information. London, 1780, p. 1).

Statue of John Cartwright in Cartwright Gardens, Bloomsbury, London. Image by Rachel Hammersley

This reflects an understanding of liberty that insists that people are free if they are subject only to laws that they (or their representatives) have made. The idea was outlined more fully in the Declaration of Rights written by one of the SCI's founding members Major John Cartwright:





Fourthly, That they who have no voice nor vote in the electing of Representatives, do

not enjoy liberty; but are absolutely enslaved to those who have votes, and to their

Representative: for to be enslaved, is to have Governors whom other men have set over

us, and to be subject to laws made by the Representatives of others, without having had

Representatives of our own to give consent in our behalf.

Fifthly, That a very great majority of the Commonalty of this Realm are denied the

privilege of voting for Representatives in Parliament; and consequently, they are

enslaved to a small number, who do now enjoy this privilege exclusively to

themselves (John Cartwright, A Declaration of the Rights of Englishmen. London, no

date, p. 2).

This reflects the concept of Neo-Roman liberty analysed by the eminent historian Quentin Skinner, which has its origins in the Roman law distinction between those who are free and those who are slaves. Judged according to this principle, the members of the SCI concluded that the vast majority of the population of the United Kingdom were not free. Indeed they went so far as to argue that a small number of individuals without 'virtue' or 'abilities' were effectively disenfranchising their electors (A Second Address to the Public from the Society for Constitutional Information. London, 1782, p. 9).

They went on to outline three reform proposals that would need to be enacted to remedy the situation. First, they called for a redistribution of parliamentary seats.

This issue was summarised in the Report of the Sub-Committee of Westminster produced in March 1780. That committee included a number of members of the SCI and its reports were printed by the SCI for distribution:

That it appears to this Sub Committee, that many towns and boroughs, formerly

intitled "for their repute and population," to send members to Parliament, have

since fallen into decay, yet continue to have a representation equal to the most

opulent counties and cities; while other towns and places, which have risen into

consideration, and become populous and wealthy, have no representatives in

Parliament (Westminster Committee. King's Arms Tavern, March 20, 1780. Report of

the Sub Committee, appointed to enquire into the state of the representation of this country.

1780, p. 2).

Nine years later, the SCI declared that their 'most immediate object' was to gather and then publish 'a compleat State of the representation of the people in Parliament' and to this end they invited people to report on the situation regarding voters and elections in their local constituencies (The National Archives: TS 11/961. SCI Minutes for Friday 29th May 1789). The results appear in one of the SCI volumes held at the National Archives.

Concern at the unequal distribution of parliamentary seats was not a new idea in the late eighteenth century. In the Agreement of the People that was presented by an alliance of soldiers and civilian radicals to the General Council of the Army at the Putney Debates in October 1647 it was asserted:

That the People of England being at this day very unequally distributed by

Counties, Cities, & Boroughs, for the election of their Deputies in Parliament, ought

to be more indifferently proportioned, according to the number of the Inhabitants:

the circumstances whereof, for number, place, and manner, are to be set down

before the end of this present Parliament. (An Agreement of the People, for a firme and

present Peace, upon grounds of Common-Right. London, 1647, p. 2).

Secondly, the SCI advocated universal manhood suffrage, which set them apart from some of the more conservative reform societies at the time. As Cartwright declared in the second article of his Declaration of Rights:

That every man of the Commonalty (excepting infants, insane persons, and

criminals) is of common right, and by the laws of God, a freeman, and entitled to the

full enjoyment of liberty. (Cartwright, A Declaration of the Rights of Englishmen, p. 1).

Universal manhood suffrage was also not a completely new idea in 1780. At the Putney Debates, Colonel Thomas Rainsborough voiced the stirring line (now recalled in a plaque in Putney Church): 'for really I thinke that the poorest hee that is in England hath a life to live as the greatest hee'. He went on:

and therfore truly, Sir, I thinke itt's cleare, that every man that is to live under a

Government ought first by his owne consent to putt himself under that

Government; and I doe thinke that the poorest man in England is nott att all bound

in a stricte sence to that Government that hee hath not had a voice to putt himself

under (The Clarke Papers, ed. C. H. Firth. London, 1992, p. 301).

Engraving of the quotation from Thomas Rainsborough in St Mary’s Church, Putney. Image from Wikimedia Commons.

In those debates the alternative view was expressed by Colonel Henry Ireton (Oliver Cromwell's son-in-law) who insisted that only those with landed property should be allowed to vote, since only they had a fixed interest in the country and could, therefore, be trusted to make decisions in the common good. The SCI turned Ireton's assumption on its head, insisting:

The poor man has an equal right, but more need, to have representatives in the

legislature than the rich one (An Address to the Public, p. 7).

The third demand made by the SCI was for more frequent - ideally annual - parliaments. Major Cartwright's Declaration asserted it is 'the right of the Commonalty of this Realm to elect a new House of Commons once in every year, according to ancient and sacred laws of the land' (Cartwright, A Declaration, p. 2). If elections were held less frequently, he argued, those people who had recently arrived in an area would be deprived of their right. Moreover, longer parliaments would be more susceptible to corruption and undue influence.

Once again the roots of this concern can be found in the seventeenth century. Between 1629 and 1640 Charles I ruled without calling parliament. In theory there was nothing wrong with this since it was up to the monarch to call Parliament when (s)he wanted (usually when they needed money). But Charles's behaviour prompted anger and when Parliament met in 1640 one of the first actions it took was to institute a Triennial Act which required Parliament to be called at least once every three years. Some at the time felt that even this did not go far enough and called for annual parliaments as a crucial mechanism to mitigate the corrupting effects of power. As John Streater explained:

A Free State, governed by Annual Representatives, is Naturally good, it cannot be bad;

for that no one can obtain in such a Government opportunity to do Hurt: and it

behoveth every one of them to do all the good they can, in regard that they must

Return to a private state and Condition, in which they shall participate and be

sharers of the good they have procured, or been parties in ordaining (J. S. [John

Streater], A Shield Against the Parthian Dart. London, 1659, pp. 16-17).

If we compare the SCI demands to how things are today, we see that one demand - universal manhood suffrage - has not only been achieved, but surpassed. Today it is not only adult men who have the vote, but women too. This is especially interesting given that this was seen as the most extreme demand in the eighteenth century and one that not all supporters of reform at that time were willing to endorse. A second demand - an equal distribution of parliamentary seats - is recognised as important and the distribution is continually updated. A local election leaflet that came through my front door this week explains:

Following a review by the Boundary Commissions, changes have been made in the

coming elections for electing your Ward Councillors and member of Parliament

(MP). The changes aim to rebalance the number of electors in each area and ensure

that they are represented effectively by the candidates you elect.

Yet the third demand - annual parliaments - has neither been put into practice, nor is widely advocated today. There are, perhaps, good reasons for this, in that annual elections would be costly and would risk encouraging even greater short-termism in politics than is currently the case. On the other hand, as the Streater quotation suggests, more frequent elections would ensure that MPs have to live under the laws they make and would strengthen the sense of their accountability to their constituents. It would also ensure that whatever is decided in the next few months, my son wouldn't have to wait another five years before being able to express his political voice in a General Election.

Political Legacies

For personal reasons the commemoration of the dead, and the legacies they leave to those who remain, have been on my mind recently. Though inheritance is usually assumed to refer to money, I am much more interested in the ideas, practices, and values that the dead bequeath to the living. Thomas Hollis is a particularly interesting case when it comes to legacies of both kinds.

Thomas Hollis by Giovanni Battista Ciprani, etching 1767. National Portrait Gallery NPG D46108. Reproduced under a Creative Commons Licence.

In my last blogpost I referred to the donation of approximately 3,000 books that Hollis sent to Harvard College in Massachusetts. Partly in recognition of this, the catalogue of the current Harvard University Library is called HOLLIS - a reference to the donations provided by the family and a convenient acronym for Harvard Online Library Information System. Hollis was not the first of his family (nor even the first with his name) to make donations to Harvard. His great grandfather - also called Thomas Hollis - founded several posts at Harvard which still bear his name, and was commemorated in a hall on campus and a street in the area.

Like his great grandfather Hollis had no children. Yet instead of passing on his inheritance via different family lines, as previous generations had done, Hollis chose to leave his own substantial fortune to his friend Thomas Brand, who subsequently styled himself Thomas Brand Hollis in recognition of the legacy.

Thomas Brand was born in Essex around 1719 (Colin Bonwick, 'Hollis, Thomas Brand, c.1719-1804, radical.' Oxford Dictionary of National Biography). Being from a dissenting family he could not attend an English University and so studied at Glasgow where he was taught by the great Francis Hutcheson and became friends with Hollis's future collaborator Richard Baron. Brand and Hollis are said to have met at the inns of court in London in the 1740s. They travelled around Europe together in 1748-9.

Hollis had always been keen to support Scottish institutions. In addition to the bequest in his will of books for Scottish University libraries, he also made donations to the Advocates Library in Edinburgh, including this copy of Henry Neville’s Plato Redivivus, or a dialogue concerning government (London, 1763). National Library of Scotland ([AD]7/1.8). It is reproduced here under a Creative Commons Licence with permission from the Library.

When Thomas Hollis died in 1774 Thomas Brand, whom Hollis described as 'my dear friend and fellow traveller', was named sole executor of his will and inherited his lands and the residue of his personal estate (The National Archives: PROB 11/994/68 'The Will of Thomas Hollis of Lincoln's Inn'). Hollis insisted on a private and modest funeral and, as was conventional, left small donations to the poor in the parishes near to his Dorset estate and money to various servants, family members, and friends, as well as to book binders, engravers, and printers with whom he had worked during his life. Hollis also continued his family's philanthropic traditions as well as those he had established during his lifetime. He pledged £300 to rebuild the almshouses that had been constructed by his great grandfather in Sheffield and £100 to the Society for Promoting Arts and Commerce in London. He also left money to be spent on books 'relating to Government or to civil or natural history or to ... Mathematics' for the university libraries at Edinburgh, Glasgow, Aberdeen, St Andrews and Dublin, as well as for the public library at Berne and the university library at Geneva, in addition to a larger donation for Harvard.

Canaletto (Giovanni Antonio Canal), A View of Walton Bridge, 1754, oil on canvas, 48.7 x 76.4 cm, DPG600. Dulwich Picture Gallery, London. With thanks to curator Lucy West for her assistance. This painting was commissioned by Thomas Hollis. It depicts Hollis himself (in the yellow coat) and his friend Thomas Brand.

As well as enacting these bequests, Thomas Brand also advanced Hollis's legacy in other ways. The two men shared a dissenting background and a commitment to political radicalism and reform. Brand Hollis was a member of several reform societies including the Revolution Society established in 1788 and the Society for Constitutional Information (SCI). He was a founder member of the SCI attending its first meeting in April 1780, often chairing sessions, and being elected President in December of that year (The National Archives: TS 11/1133).

In its purpose and activities the SCI echoed and extended Hollis's campaign to disseminate political texts and share political information. Hollis had sent copies of a wide range of works to university and public libraries in many countries. As I noted in my last blogpost, he paid particular attention to North America where his donations were explicitly designed to influence how the colonists interpreted the actions of the British government against them. In short, Hollis appears to have been seeking to rouse the Harvard students to revolutionary action by providing them with specific reading material on the nature of their rights as Englishmen and the threats posed to those rights - and therefore to their liberty - by the actions of the British government towards them. The SCI also disseminated political texts for free, this time in England. Its aim in doing so was to promote and eventually bring about political reform. The terms in which this aim was expressed were very similar to those used by Hollis in relation to the American colonists:

As every Englishman has an equal inheritance in this Liberty; and in those Laws

and that Constitution which have been provided for its defence; it is therefore

necessary that every Englishman should know what the Constitution IS; when it is

SAFE; and when ENDANGERED (An address to the public, from the Society for

Constitutional Information. London, 1780, p. 1).

There was also a similarity in the particular texts thought worthy of dissemination. At a meeting on 12th May 1780, at which Brand Hollis was present, the Society resolved to task one of its members, Capel Lofft, to:

compile a Tract or Tracts, consisting of Extracts from the

Mirror of Justices, Fleta, Bracton, Fortesquieu, Selden, Bacon,

Sir Thomas Smith, Coke, Sidney, Milton, Harrington, Nevile,

Molesworth, Bolingbroke, Price, Priestly, Blackstone, Somers,

Davenant, the Essay on the English Constitution, and other Authors

as may clearly define, or describe in few Words the English

Constitution (The National Archives: TS 11/1133).

With just two exceptions (Sir Thomas Smith and Charles Davenant), works by all of these authors had been sent by Hollis to Harvard.

As well as disseminating the texts free of charge, both Hollis and the SCI used newspapers and periodicals to advertise them and their relevance to contemporary affairs. In April 1766 Hollis inserted the following advert into the London Chronicle to alert the Corsican rebels who were drawing up a new constitution for the island - and more especially their British supporters - of the potential a particular English republican text offered them in their endeavour.

TO THE PEOPLE OF CORSICA

      FELICITY

"The Oceana of James Harrington, for practicable-

ness, equality and completeness, is the most perfect

model of a Commonwealth, that ever was delineated

by antient or modern pen (The London Chronicle, 10 April 1766).

John Somers, Baron Somers by Sir Godfrey Kneller, Bt. c.1705. National Portrait Gallery NPG 490. Reproduced under a Creative Commons Licence.

In the same vein, from Spring 1782, members of the SCI began inserting extracts from key texts into the General Advertiser. These included extracts selected by Brand Hollis from a work by John Somers, first Baron Somers (1651-1716), a notable Whig and one time Lord Chancellor. The extracts, which appeared in the General Advertiser on Monday 18 March 1782, concerned the limits of the ruler's powers and the rights of the people. Somers argued that a sovereign who invades or subverts the fundamental laws of society gives up his legal right to govern and absolves his subjects of obedience. Citing the popular phrase asserting the rights of the people salus populi, he claimed that all law and government is aimed at the public good and therefore: 'A just Governor, for the benefit of the people, is more careful of the public good and welfare, than of his own private advantage.' 'He who makes himself above all law, is no Member of a Commonwealth, but a mere tyrant whenever he pleases' and under such a magistrate the people would be justified in exercising a right of resistance. Though probably originally written in the context of the Glorious Revolution, these sentiments were meaningful to those engaged in the reform campaign and perhaps designed as a warning to George III.

There is one final more frivolous way in which Brand Hollis continued his friend's legacy. Hollis had had a curious habit of naming fields and farms on his Dorset estate at Corscombe and Halstock after thinkers, works, and places he respected. In July 1773 Hollis noted in a letter that he had named a small farm on his estate after George Buchanan 'this oldest son of liberty' (Caroline Robbins, 'Thomas Hollis in His Dorsetshire Retirement' in Absolute Liberty, ed. Barbara Taft. 1982, p. 240). Another farm of 247 acres was named after James Harrington and on that farm was a field he called Oceana after Harrington's most famous work. To the west of Harrington Farm was another called Milton Farm after John Milton, which included a field named after John Toland - who had edited both Milton's and Harrington's works. Also in the vicinity were farms named for other leading English republicans: Algernon Sidney, Edmund Ludlow, and Henry Neville.

Dorset History Centre, D1_MO_3 Plan of Harrington Farm from the Corscombe Estate Map. With thanks to the Dorset History Centre for assistance and permission.

We know that Brand Hollis was aware of Hollis's actions in this regard since a survey of the estate that Brand Hollis conducted in 1799, now held at Dorset History Centre, details the names of the various farms and fields.

Brand Hollis not only maintained and memorialised Hollis's nomenclature on his Dorset estate, he also engaged in the same practice himself - naming trees on his property at Hyde in Essex after George Washington and other heroes of the American Revolution (Bonwick, ODNB). To my mind, legacies of place names, book collections, and the values of kindness and generosity, are far more meaningful and enduring than any financial bequest - even from someone with as extensive a fortune as Thomas Hollis.