Chapter

VII.

occasion, subjected to the decision of a court of justice.1 On the 11th February, 1884, however, he voted twice during the proceedings caused by the course that he had taken; and an action was brought against him by the Crown, to enforce the penalty consequent upon the vote of an unsworn Attorneygeneral v. Penalties member.2 The Court of Appeal decided, 28th January, Bradlaugh. taking the 1885, that the parliamentary "oath must be taken by a oath, see p. member, with the assent of the house, according to the

on not

168.

Right of a member to

160.

requirements of the standing orders, and after he has been
called upon by the Speaker to be sworn." The court also
decided that a member of Parliament who does not believe
in the existence of a Supreme Being, and upon whom an
oath has no binding effect as an oath, but only as a solemn
promise, is, owing to his want of religious belief, incapable
by law of making and subscribing the parliamentary oath ;
and that if he took his seat and voted as a member, although
he has gone through the form of making and subscribing.
the oath appointed by those statutes, he would be liable,
upon information at the suit of the attorney-general,
to the penalty imposed by the Parliamentary Oaths Act,
1866, s. 5.3

On the opening of the new Parliament, 13th January, take his 1886, the Speaker, directly after he had taken the oath, seat, see p. informed the house that he had received an appeal, in the form of letters addressed to him by several members, suggesting that the oath should not be administered to Mr. Bradlaugh until the house had expressed an opinion on the matter, in consequence of the decision by the Court of Appeal, that Mr. Bradlaugh was incapable of taking an oath. The Speaker then stated that no case had been cited showing that a Speaker had, in the administration of the parliamentary oath, taken upon himself original and independent authority. If the Speaker had intervened in the matter, it was in consequence of the action of the house,

A friendly suit was not tried to test the legality of this act, as, in the judgment of the court, the pleadings were collusive. Gurney v. Bradlaugh, 1882.

2 12th Feb. 1884, the Chiltern Hundreds granted to Mr. Bradlaugh (see p. 645).

3 Law Reports, 1885, part v. p. 667; 14 Q. B. D. 101,

Omission

to take the oaths.

VII.

based on something that had occurred during that Parlia- Chapter
ment. On this occasion, however, the Speaker reminded
the house that they had met as a new Parliament. He
knew nothing of the resolutions of the past; those reso-
lutions had lapsed, and were of no effect. It was the
right, the Speaker stated, the legal, statutable obligation, of
members when returned to this house, to come to the table
and take the oath prescribed by statute; and that if a
member came to the table, and offered to take the oath,
the Speaker knew of no right whatever to intervene between
the member and the performance of a legal and statutable
duty; and that it would be his duty neither to prohibit
Mr. Bradlaugh from coming, nor to permit a motion to
be made standing between him and his taking the oath.1

By the 30 Chas. II. stat. 2, 13 Will. III. c. 6, and 1 Geo. I. stat. 2, c. 13, severe penalties and disabilities were inflicted. Penalties. upon any member of either house who sat or voted without having taken the oaths. By the 29 & 30 Vict. c. 19, any peer voting by himself or his proxy, or sitting in the House of Peers without having taken the oath, is subject, for every such offence, to a penalty of 500l.; and any member of the House of Commons who votes as such, or sits during any debate after the Speaker has been chosen, without having taken the oath, is subject to the same penalty, and his seat is also vacated in the same manner as if he were dead. When members have neglected to take the oaths from haste, accident, or inadvertence, it has been usual to pass Acts of indemnity, to relieve them from the consequences of their neglect. In the Commons, however, it is neces- Exception sary to move a new writ immediately the omission is of Mr. discovered, as the member's seat is vacated.3

2

1 141 C. J. 5; 302 H. D. 3 s. 21. n 9th March, 1882, the Speaker tated that to object to any member taking the oath except on grounds public or notorious, or within the cognizance of the house, would be simply vexatious, 267 H. D. 3 s. 442.

2 45 Geo. III. c. 5 (Lord J. Thynne); 56 Geo. III. c. 48 (Earl

Gower); 1 Will. IV. c. 8 (Lord R.
Grosvenor); 5 Vict. c. 3 (Earl of
Scarborough); Lord Plunket, 1880.

360 C. J. 148; 67 ib. 286; 69 ib.
144; 71 ib. 42; 86 ib. 353. In Mr.
Bradlaugh's case (see p. 165), he was
allowed to accept the Chiltern Hun-
dreds (see p. 645).

in the case

Salomons, see p. 162.

Chapter

VII.

of the Chiltern Hundreds,

member

may not

entitled to

are sworn.

But although a member may not sit and vote until he has Members taken the oath, he may vacate his seat by the acceptance privileges Acceptance of the Chiltern Hundreds, and is entitled to all the other before they privileges of a member, being regarded, both by the house. see p. 642. and by the laws, as qualified to serve, until some other disqualification has been shown to exist. Thus, on the 13th April, 1715, it was resolved "that Sir Joseph Jekyll was Anunsworn capable of being chosen of a committee of secrecy, though he had not been sworn at the Clerk's table." On the 11th May, 1858, acting upon this precedent, the house added Baron Rothschild, who had then continued a member for eleven years without having taken the oaths, to the committee appointed to draw up reasons to be offered to the Lords for disagreeing to the Lords' amendments to the Oaths Bill,2 at a conference of which he was appointed one of the managers.3 On the 11th May, 1880, Mr. Bright, who had not yet made his affirmation, was appointed a member of the Parliamentary Oath Committee, upon which he served and voted, before he had made his affirmation.

present a

petition,

see p. 530.

It is usual for members who have not yet taken the oaths, to sit below the bar; and care must be taken that they do not, inadvertently, take a seat within the bar, by which they would render themselves liable to the penalties and disqualifications imposed by the statute.

of a return.

At the beginning of a Parliament, the Return Book, Certificate received from the clerk of the Crown (see p. 150), is sufficient evidence of the return of a member, and the oaths are at once administered. If a member be elected after a general election, the clerk of the Crown sends to the Clerk of the house a certificate of the return received in the Crown Office; 5 and the member must obtain a certificate

118 C. J. 59; Chandler's Debates;

7 Parl. Hist. 57; 2 Hatsell, 88, n.
113 C. J. 167; 150 H. D. 3 s.
336. 430.

3 113 C. J. 162.

When, 18th May, 1849, notice was taken that strangers were present, Baron Rothschild retained his seat below the bar, although he had

not taken the oath; and Mr. Brad-
laugh was present below the bar,
during many divisions, while for-
bidden to take the oath.

5 During the session of 1889, the
return of a member for Kennington,
on Friday, 15th March, was not de-
livered at the Crown Office until the
following Monday evening at nine

tion of oath and

VII.

see also p.

from the Public Bill Office of the receipt of that certificate Chapter
for production at the table, before the Clerk of the house
will administer the oath. The neglect of this rule in
1848 gave rise to doubts as to the validity of the oaths
taken by a member. Mr. Hawes was elected for Kinsale
on the 11th March; on the 15th, he was sworn at the table: Irregulari-
ties regard-
but his return was not received by the clerk of the Crown ing returns,
until the 18th; and it was questioned whether the oaths 639.
which he had taken before the receipt of the return, had
been duly taken. A committee was appointed to inquire
into the matter, who reported that the non-return of the
indenture to the Crown Office cannot affect the validity of
the election, nor the right of a person duly elected, to be
held a member of the house. The committee, at the same
time, recommended a strict adherence to the practice of
requiring the production of the usual certificate.

On the 10th May, 1858, Baron Rothschild having been
returned upon a new writ, and not having brought up the
certificate of his return, the certificate from the clerk of
the Crown was ordered to be read, before a motion was made
for adding Baron Rothschild to a committee.2

Subscrip- So soon as a member has been sworn, or has made his affirmation, he subscribes at the table the "test-roll," which affirmation. is a roll of parchment folded into the shape of a book,

New members

headed by the oath and affirmation which he has taken or
made; and the member is then introduced to the Speaker
by the Clerk of the house.

Members returned upon new writs issued after the general sworn after election, take the oath or make their affirmation in the general same manner; and, under the resolution of the 23rd February, 1688, "in compliance with an ancient order and

election.

VII.

Chapter custom, they are introduced to the table between two members, making their obeisances as they go up, that they may be the better known to the house: "1 but this practice is not observed in regard to members who, having been chosen at a general election, have established their claim to a seat by an election petition; 2 for they are supposed to Members have been returned at the beginning of the Parliament, petition. when no such introduction is customary.

Another difference of form is to be remarked, in reference to new members, and members seated on petition, when coming to be sworn. The former not being in the original Return Book, must bring with them, as already stated, a certificate of their return from the clerk of the Crown: but the latter having become members by the adjudication of an election judge, the clerk of the Crown amends the return by order of the house (see p. 658); and he does not certify to the house the return of such members.

seated on

the Crown.

In the event of the demise of the Crown, all the members Demise of of both houses again take the oath.3

speech.

To return to the ordinary business of the session. When King's the greater part of the members of both houses are sworn, the causes of summons are declared by the king in person, or by commission. This proceeding is the commencement of the session; and in every session but the first of a Parliament, as there is no election of a Speaker, nor any general swearing of members, the session is opened at once by the King's speech, without any preliminary proceedings in either house. Both houses usually meet at Reassembly two o'clock in the afternoon. In the Commons, prayers are said before the King's speech, but in the Lords usually not until their second meeting, later in the afternoon. The

of the

Commons at four o'clock, see p. 174.

1 10 C. J. 34. 18th Feb. 1874, Dr. Kenealy, a new member, came to the table to be sworn, without the introduction by two members. The Speaker acquainted him with the order of the house, and, refusing to hear any comments from him, directed him to withdraw; whereupon the house resolved that the

order be dispensed with, on this
occasion. 130 C. J. 52; 222 H. D.
3 s. 486.

22 Hatsell, 85, n.

36 Anne, c. 7; 37 Geo. III. c. 137; 92 C. J. 490, &c.; 156 ib. 5, &c.

When a prince of the blood is to be introduced, prayers are said before the sovereign's arrival.