119. How lately prior to your claim in the House of Commons?—Prior to my claim in the House of Commons, about 12 months.
120. You had made a claim on several occasions, I suppose, prior to the period which you have just mentioned?—Yes.
121. What steps, if any, were taken by the judge on such occasions to arrive at the conclusion that the oath would have no binding effect:—On the last occasion, by Mr. Justice Lindley, none. I presume he thought my claim to affirm well founded, and he simply bowed his head, and the clerk administered the affirmation after looking to him.
122. I suppose you made a claim to affirm?—When the clerk brought the Testament to the witness-box I said, “I desire to affirm,” and the clerk looked at Mr. Justice Lindley, who just bowed his head (he happened to be the presiding judge), and I did affirm.
123. Had you reason to think that Mr. Justice Lindley was acquainted with any previous applications by you to affirm?—I should think it possible, because the claim to affirm has been the subject of considerable litigation by myself in the courts.
124. Upon any occasion upon which the judge did make inquiry, what was the nature of the inquiry?—The present Lord Justice Brett, whom I remember distinctly challenging me upon it when he was Mr. Justice Brett, said: “Why do you claim, Mr. Bradlaugh?” and I perfectly remember my answer, but I am just thinking whether I am not entitled to say this: that happened seven years ago; I do not intend to imply that there is any change or anything since, but I think I am entitled to say to this Committee that it is hardly within the limits of their reference to inquire into something that happened in a law court between myself and a judge seven years ago.
125. I should not have asked the question, but you have stated in the House of Commons yourself, in order to support your claim to make affirmation, that you have frequently been permitted to affirm?—That is so.
126. And I think you gave the last nine or ten years?—Yes, and Mr. Justice Brett’s question came within that time. I hope you will not consider that I am putting the objection unfairly. What I want to put is this: that the conversation which took place on the occasion of my having affirmed (and I repeat that I have affirmed before different judges) being more or less informal, ought not to be the subject of inquiry by this Committee. The fact is of record. Those were all at Nisi Prius.
127. It was before a judge who would have to administer an oath?—Quite so.
128. If you state that you really entertain an objection to the question, I do not wish to press it myself personally?—I have no objection to answering, except that I have purposely tried to keep out of this discussion any question of my views; otherwise I am quite in the hands of the Committee, and if the Committee are disposed to press the question I will give the answer, having made my objection.