In Eighteen Hundred Eighty, Bradlaugh was elected with Mr. Labouchere, whose views as to theology and the Established Church were one with Bradlaugh's.
"Labby" took the oath quite as a matter of course, just as atheists everywhere kiss the book in courts, it being to them but an antique form of affirming that what they say will be truth. Had Bradlaugh followed Labouchere's example, the most important chapter of his life would not have been written. Bradlaugh asked that he be allowed to affirm his allegiance, instead of making oath. Here the House of Commons blundered, for if as a body it had given assent, that would have made the request of Bradlaugh quite incidental and trivial. Instead, the House made a mountain out of a molehill, by refusing the request and appointing a select committee of seventeen members to consider the matter. They called Bradlaugh before them and interrogated him at length as to his belief in a Supreme Being and a life after death. Then they voted, and the ballot stood eight to eight. The chairman, a large white barn-owl, gave the casting vote, declining to accept the affirmation. The matter was reported to the House, and the action duly confirmed. Bradlaugh then, on advice of Labouchere, notified the House that he was willing to accept the regulation oath, all in the interests of amity, it being of course understood that his religious views had not changed. Bradlaugh thought, of course, that this would end the matter, his view being that he had fully receded from his former position, and was conforming to the pleasure of his colleagues in accepting the regulation oath. To his surprise, however, when he approached the bar to take the oath, Gladstone arose and remonstrated against administering the oath to a man who had publicly disavowed his belief in a Supreme Being, and moved that the question be referred to a select committee.
Here was a new and unexpected issue. The ayes had it. A committee, consisting of the suggestive number of twenty-three, examined Bradlaugh at length and finally reported against allowing him to take the oath, but recommended that he be allowed to affirm at his own legal risk. The suggestion was promptly voted down, to the eternal discredit of Gladstone, who led the opposition, and was bent on keeping the "infidel" out of Parliament. During the conflict, the character, high endowments, and personal worth of Bradlaugh were never officially challenged—it was just his lack of religious belief. The matter was fast becoming a national issue, and Churchwomen without number were canvassing all England with petitions asking Parliament to remember that England was a Christian nation.
Bradlaugh was down and out, legally, but he presented himself again at the bar, showed his election credentials, and demanded that the oath be administered. He was arrested as an intruder on motion of Sir Stafford Northcote, but was immediately released, as it was seen he was going to meet violence with violence.
Gladstone here came in with a very sharp bit of practise. He introduced a resolution that "any member shall be allowed to affirm or to take oath, at his own legal peril."
Bradlaugh here fell an easy prey, and at once affirmed, and took his seat, when he was straightway arrested on a warrant for violation of the rules of the House, which ordained that no man should take official part in Parliament who had not taken the oath.
This transferred the case to the criminal courts, where the case was tried and Bradlaugh found guilty. This legally vacated his seat. The Church folks were jubilant, and Gladstone received many congratulations from men with collars buttoned behind, on having disposed of the infidel Bradlaugh.
But the matter was not yet settled. Northampton had another election, and Bradlaugh was again elected.
Again he presented himself at the bar of the House and asked to be sworn. The House, however, would not accept either his oath or his affirmation, and asked for time to consider. In the meantime, writs were issued to "show cause," demurrers filled the air, and the mandamus grew gross through lack of exercise.
Four months passed, and the House making no move, Bradlaugh endeavored to appear and address the members on his own behalf. He was ordered to leave. But he demanded "English fair play." He said: "I have been elected a member of the House of Commons, you do not contest my election, neither do you declare my seat vacant. I ask to be allowed either to take the oath or to affirm, whichever you choose, but so far you allow me to do neither. In justice to my constituents I am here to stay."