_Monday, 7th June 1880._
MEMBERS PRESENT:
Mr. Attorney General.
Mr. John Bright.
Mr. Secretary Childers.
Mr. Chaplin.
Sir Richard Cross.
Mr. Gibson.
Mr. Grantham.
Mr. Staveley Hill.
Sir John Holker.
Mr. Beresford Hope.
Mr. Hopwood.
Lord Henry Lennox.
Sir Henry Jackson.
Mr. Ma.s.sey.
Major Nolan.
Mr. Pemberton.
Mr. Serjeant Simon.
Mr. Solicitor General.
Mr. Trevelyan.
Mr. Walpole.
The Right Honorable SPENCER HORATIO WALPOLE, in the Chair.
Mr. CHARLES BRADLAUGH, a member of the House; further Examined.
199. CHAIRMAN: There was some reference, I think, made to you by Mr.
Whitbread, with regard to which you desire to make some observations?--There was a point urged by Mr. Whitbread upon the first Committee. I do not know whether I should be in order in referring to it.
I thought it had been sufficiently covered by what I had said, until I reflected upon it, and then I thought it had not. I wish to submit to this Committee that it ought not to consider that I claimed to affirm because I regarded the oath as not binding upon my conscience, under the spirit of the Evidence Further Amendment Act, 1869, for that Statute runs: "If any one shall object to take an oath, or be objected to as incompetent to take an oath;" and that it is quite possible (perhaps wrongly, and undoubtedly wrongly, as the Committee have so decided) that I might claim to affirm, objecting to take the oath, and that the Committee have not on the evidence here either the right or the duty to a.s.sume anything more as against me in dealing with it now. That is all I wish to put before the Committee.
APPENDIX.
Appendix No. 1.
PRECEDENTS RELATIVE TO PARLIAMENTARY OATHS.
PRECEDENT of a MEMBER disabled for having sat in the House without taking the Oath.
Sir JOHN LEEDES hath been in the House and not taken the Oath.
Sir John Leedes not to come into the House till further Order.
Sir E. c.o.kE: That by the law Sir J. Leedes is disabled to serve this Parliament, and therefore ought to be discharged, and a new Writ.
Mr. PAWLETT, accordant.
Sir J. STRANGWAYS: Can pretend no ignorance, for a Member of the House last Parliament.
Mr. CREW, for Sir J. Leedes: No question but he is incapable. 2. He is to be punished.
_Resolved_, Sir J. Leedes incapable of being a Member of this House, as if never returned.
Mr. HACKWYLL: To have him removed; a Writ for a new choice; and to punish him, by sending him to the Tower.
Sir G. MOORE: To have no question made, but where it is questioned.
Mr. SECRETARY: The fault great, especially because of last Parliament. To order, he shall be discharged now, and to serve no more this Parliament.
Sir J. Leedes, brought to the Bar, confesseth he was of the House last meeting in Parliament; and that he hath sit this Parliament in the House, and hath not taken his Oath.
Mr. T. FANSHAW: That he must be punished as one that hath come into the House, not being chosen.
Sir E. SANDES: To pay the Serjeant his fees, and no further punishment; because, but negligence, no presumption, and is willing to take the Oath.
Mr. CHIDLEY: To have an order to disable him for this Parliament.
A Warrant for a new Writ in his room.
PRECEDENT of a MEMBER Admitted to sit without taking the OATHS of ALLEGIANCE and SUPREMACY.
_Ordered_, That WILLIAM AYRES, Esquire, being legally elected and returned a Member of this House, his election being returned and remitted of Record, shall be admitted to sit in this House, without taking the Oaths of Supremacy and Allegiance.
_Ordered_, That an Ordinance be brought in by Mr. Lisle, to-morrow morning, for repealing that clause in the Act of * * That no person be admitted to sit as a Member of this House, before he hath taken the Oath of Allegiance and Supremacy.
_Ordered_, That all and every the Sheriffs of the respective counties in England and Wales do henceforth execute their several places and offices of Sheriffs of their several and respective counties, according to the duty of their said office, without taking the Oaths of Allegiance and Supremacy.
PRECEDENT of a MEMBER Discharged for declining to take the OATHS.
The House being informed, that Sir HENRY MOUNSON attended, according to the Order on Sat.u.r.day last;
_Resolved_, That he be called in, and tendered the Oaths and Declaration directed to be taken, made, repeated, and subscribed by the Members of the House.
He was called in accordingly; and came up to the table: And Mr. Speaker acquainted him, That the House had taken notice that he had been about the town a considerable time; but yet did not attend the service of the House: And that he had directions to tender him the Oaths and the Declarations.
Whereupon, Sir Henry Mounson said: That he was sorry that for some reasons he could not comply to qualify himself to sit in the House: But that those reasons would no way incline him to disturb the Government; and that he submitted himself to the House.
And then withdrew.