The True Story of My Parliamentary Struggle

by Charles Bradlaugh

53. Mr. Beresford Hope: Wilkes’s precedent being expunged, is it still legible in the Journal, and could it be produced for historical information?—Certainly.

54. Major Nolan: With regard to the evidence about O’Connell, I think you stated that an Act was passed to enable O’Connell and his co-religionists to sit in Parliament?—Not to enable O’Connell to sit in Parliament, but to enable Roman Catholics to sit in Parliament.

55. O’Connell was not allowed to take advantage of that Act until he was re-elected?—No, because he had been elected prior to the passing of the Act, and the Act was clearly prospective.

56. Was the wording of that particular statute the reason why he was not allowed to take advantage of that Act?—Certainly; distinctly.

57. Would it be possible for the present or any future Parliament to pass an Act which would enable a man who had been elected previous to the passing of the Act to sit in the House?—It is not for me to say what Act of Parliament might be agreed to by Parliament, but that is quite a distinct case. In that case Mr. O’Connell had actually been elected when the Catholic Relief Act was passed, and there was a clause in the Act which made its operation prospective, and therefore distinctly, and, I believe, intentionally, excluding Mr. O’Connell from the benefits of the Act.

58. Then he was only prevented from taking advantage of that Act owing to the particular wording of that particular clause, and not owing to anything inherent in the House of Commons?—Yes; the decision was founded upon a literal construction of the words of the recent statute.

59. Mr. Whitbread: The case of Mr. O’Connell was this: that he declined to take the oath which was required of Members of Parliament elected at the time that he was elected, and that he requested to be allowed to take another form of oath; he was ordered to withdraw, and the House considered his case; is there anything that you have found in the Journals or in the Debates to indicate that if Mr. O’Connell had been willing to take the oath required of him by the House, the House would have objected to his so taking it?—Certainly not; they put it to him whether he would take the Oath of Supremacy, and upon the face of the Journal, it would seem that if he had taken that oath, he would have been admitted.

60. Mr. Bradlaugh (through the Committee): After John Archdale had claimed to affirm, did not the House absolutely order him to attend in his place for the purpose of being sworn, and tender the oaths to him?—Mr. Archdale was ordered to attend, and the House being informed that Mr. Archdale attended according to order, his letter to Mr. Speaker was read. That letter is printed at full length among the precedents. “And the several statutes qualifying persons to come into and sit and vote in this House were read, viz., of the 30 Car. II., 1 Will. and Mariæ, and 7 & 8 Will. and Mariæ. And then the said Mr. Archdale was called in, and he came into the middle of the House, almost to the table; and Mr. Speaker, by direction of the House, asked him whether he had taken the oaths, or would take the oaths, appointed to qualify himself to be a Member of this House; to which he answered, That in regard to a principle of his religion he had not taken the oaths, nor could take them; and then he withdrew, and a new writ was ordered.”

61. Mr. Serjeant Simon: With reference to what the Honorable Member for Bedford has put to you just now, Mr. O’Connell refused to take the Oath of Supremacy on the ground that it contained matter which he knew to be untrue, and other matter which he believed to be untrue?—Yes, he so stated.

62. Thereupon he withdrew; but is there any precedent among the Journals to show that a Member stating beforehand that what was contained in the oath was untrue, or a matter of unbelief to him, has been allowed to take the oath under such circumstances?—No, this is the only precedent, so far as I know, of that particular character. The others are cases of absolute refusal to take the oath, or a desire to make an affirmation instead of an oath, or to leave out certain words of the Oath.