Lionel determined to test the views of the voters of London. He resigned and stood again in 1849 in the resulting bye-election. He beat his opponent with a crushing majority, taking more than two thirds of the vote. But the problem of the oath remained unchanged.
Lionel tries to take his seat
On 25 July 1850 a meeting of electors at the London Tavern resolved that Lionel should take up his seat in the House. Lionel duly turned up the next day. The Clerk of the Commons rose to invite Lionel to take the oath. Lionel demanded to swear on the Old Testament only. There were howls of protest from the Tory benches and Lionel was called upon to withdraw, which he did.
He reappeared four days later and got right through the oath until the final clause where he had to swear 'upon the true faith of a Christian' at which point he had to withdraw, after declaring 'I omit these words as not binding on my conscience'.