HC Deb 26 January 1886 vol 302 cc418-9
MR. RAIKES

asked Mr. Chancellor of the Exchequer, Whether, having regard to the judgment of the Court of Appeal in the case of the Attorney General v. Bradlaugh, by which it was declared that, "as long as the defendant remained in his present state of mind, he would be incapable of taking the oath within the meaning of the Act," and also to the statement made by him in his letter to Mr. Speaker, printed in the Votes of this House of the 13th January 1886, that he was "advised that, as a matter of law, a state of facts once established is presumed to exist until the contrary is proved," Her Majesty's Government are prepared to take immediate action in this House to prevent the honourable Member for Northampton from sitting and voting in this House until he has established his capability of taking the oath of allegiance, or until the judgment of the Court of Appeal is reversed by a higher tribunal?

MR. LABOUCHERE

asked Mr. Chancellor of the Exchequer, If he could state whether, when action was taken against the hon. Member for Northampton, the Government would also consider whether they should not also take action against the right hon. Gentleman the Member for Bristol (Sir Michael Hicks-Beach), who had rendered himself liable to a fine of £500 and the loss of his seat by speaking before he took the Oath?

THE CHANCELLOR OF THE EXCHEQUER

I am bound to say, in reply to the latter Question, that my opinion with regard to the action contemplated would be that it is extremely undesirable. In regard to the Question of my right hon. Friend, now that the hon. Member for Northampton (Mr. Bradlaugh) has, Sir, in consequence of your ruling, gone through the form of taking and subscribing the Oath, the validity of that form, in his case, now that it has been gone through, seems to me to be a question for the Courts of Law; and I understand that the hon. Member is now prosecuting in the House of Lords his appeal from the judgment of the Court of Appeal. Therefore, I am not prepared to take action in this House upon the subject.