The True Story of My Parliamentary Struggle

by Charles Bradlaugh

44. Mr. Bradlaugh (through the Committee): Are you aware of any precedent for the dealing by the House with the election of any Member not disqualified by statute or common law, until after that Member had sat and been sworn?—My attention has not been directed to any precedent bearing upon that precise point, but I apprehend that the fact of whether the Member had been sworn or not would not interfere with any proceedings. For example, under an election petition, if a Member’s seat were contested, under the old system, the matter would have proceeded in the usual way, without reference to the question of whether the Member had taken the Oath or not.

45. But in such a case the Member would have been sworn, and would have sat until the question was decided?—Not necessarily; under the terms of the question I assume that he had not taken his seat.

46. Are there not very numerous cases in which with a petition against a Member for alleged statutory disqualification that Member has been sworn and has sat until the decision?—Unquestionably; there can be no doubt about it; it frequently happens.

47. Then I ask whether there is any precedent whatever for the House dealing with a Member’s election or his right to sit, except in cases of absolute statutory disqualification, until that Member has taken his seat and the oaths?—So far as I understand the question, I should say that whether the Member has been sworn, or not, the matter of his disqualification, or of his right to sit would be open to the decision of the House.

48. I am not arguing the point at the moment; I am only trying to get at the fact. If you have not looked for it, of course I cannot have it; but is there, so far as you know, any precedent of such a thing ever having happened?—I know of none; but I have not searched for any such precedent.

49. Mr. Attorney General: It would not appear, would it?—I hardly know how it would appear; unless one’s attention were specifically drawn to any case, there would be no means of discovering it.

50. Mr. Bradlaugh (through the Committee): I will ask whether that question was not raised in the case of Wilkes, and whether it was not in the consideration of that case fully discussed, and whether the House did not resolve that any such dealing with a member was subversive of the rights of the whole body of electors of this kingdom?—I do not understand how that case has any bearing upon the present question.

51. There are three cases: one of expulsion, two of election annulled, and then ultimate reversal of the whole of that and expungment by the House?—Yes, but that has no bearing upon the present case. Of course, I am familiar with the case of Wilkes, but not in connection with any matter arising out of the administration of oaths, which is the special matter referred to this Committee.

52. Have you had your attention called to the Journal of the House of Commons, Vol. I., page 460, in which Sir Francis Bacon, the King’s Attorney General, having sworn to his qualification, which was challenged, the House said, “Their oath, their own consciences to look into, not we to examine it?”—That case is not one of the precedents that we have collected.

Mr. Bradlaugh: They are entered extremely curiously, and one can only take the decision. It begins on page 459, “Eligibility of the Attorney General,” and it does not show there that it is Sir Francis Bacon: but I have learnt that by looking up the other records; and there being then a statutory declaration which lasted until a few years ago for all counsel, solicitors, and practising men of the law, it was objected that the King’s Attorney General could not sit; it appears that he had to swear to his qualification, and the question of his oath and of his disqualification, being Attorney General, were put, and the House said, “Their oath, their own consciences to look into, not we to examine it,” and they left him in the House, resolving that no future Attorney General should sit in it.

Chairman: That was the case which was raised as to whether the law officers of the Crown, who had for certain purposes seats in the House of Lords, had seats in the House of Commons.

Mr. Bradlaugh: Not quite that. There was an obsolete statute of the 46th Edward III., which was only repealed eight or nine years ago, but which does not seem to have been attended to, by which all practising barristers and solicitors were disqualified for sitting for counties.