The True Story of my Parliamentary Struggle

Whereupon the Lord Fanshaw said, that it was true, he had been about town a great while indeed; but had been in the country, if his health would have permitted him; but that he had been in a strict course of physick, and was in the same condition still of physick and diet; but, however, that since he was absent there was an Act of Parliament passed for taking the Oaths; and he was not qualified to sit in the House, in regard he was not satisfied to take the Oaths; and therefore he could not appear.

And then withdrew.

Resolved, That the Lord Fanshaw be discharged from being a Member of the House.

And there being a Petition in, touching the Election, the granting a new Writ was respited.

PRECEDENT of a Member Committed to the Tower for declining to take the Oaths

The House being acquainted, that Mr. Cholmly attended according to their order of Tuesday last;

He was called in, and came up to the table: And Mr Speaker, by the direction of the House, acquainted him to this effect, viz., That the House had taken notice of his being absent from their service a considerable time, and that now he was come he was to tender him, and accordingly did tender him, the Oaths of Allegiance and Supremacy appointed to be taken by the Members of the House, according to an Act of this present Parliament.

To which Mr. Cholmly replied, That as to his absence, both when he was in the country and since he came to town, he had been infirm and lame, and had been under the doctor’s hands, and could not as yet recover himself. And that he had endeavored to qualify himself to be a sitting Member of the House, by taking the Oaths, as the House expects, but that he could not as yet do it: And therefore humbly submitted himself to the House; and that he did it not out of any wilful humor.

Upon which he was commanded to withdraw.

And being withdrawn accordingly;

Resolved, That Francis Cholmly, Esquire, a Member of this House, for his contempt in refusing to take the Oaths, * *, be committed Prisoner to the Tower of London.

Ordered, That the Serjeant-at-Arms attending this House do take into his custody the said Mr. Cholmly, and convey him to the Tower: And that Mr. Speaker do issue his Warrant for that purpose.

PRECEDENT of a Member, being a Quaker, refusing to take the Oath

House called over,

And the name of John Archdale, Esquire, a burgess for the borough of Chipping Wicomb, in the county of Bucks, being called over a second time:

Mr. Speaker acquainted the House that Mr. Archdale had been with him this morning, and delivered him a letter sealed, which Mr. Speaker presented to the House.

And the same was opened and read, and is as followeth, viz.: —

“London, the 3rd of the 11th month, called January 1698-9.

“Sir.

“Upon the call of the House it will appear that I am duly chosen and returned to serve in Parliament for the borough of Chipping Wycomb, in the county of Bucks; and, therefore, I request of thee to acquaint the honorable House of Commons the reason I have not as yet appeared, which is, that the burgesses being voluntarily inclined to elect me, I did not oppose their inclinations, believing that my declarations of fidelity, etc., might, in this case, as in others, where the law requires an oath, be accepted, I am, therefore, ready to execute my trust if the House think fit to admit of me thereupon; which I do humbly submit to their wisdom and justice; and shall acquiesce with what they will be pleased to determine therein: This being all at present, I remain,

“Thy real and obliged friend,“John Archdale.”

Day appointed for considering the contents of the said letter.

Mr. Archdale ordered to attend.

The House being informed, that Mr. Archdale attended according to order;

His letter to Mr. Speaker was again read;

And the several statutes qualifying persons to come into and sit and vote in this House were read, viz., of the 3 °Car. II., 1 Will. and Mariæ, and 7 and 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.

A new Writ ordered.

PRECEDENT of a Member expelled for absconding, and not taking the Oaths

The House was called over according to order.

And the names of such as made default to appear were taken down.

Ordered, That the names of such as made default be now called over.

And they were called over accordingly.

And several of them appeared, and others were excused upon account of their being ill, some in the country, some in town; and others upon account of their being in the country upon extraordinary occasions; and some as being upon the road.

Upon calling over the names of * * Lewis Price, Esquire, * * they were not excused.

Several Members sent for.

Ordered, That Lewis Price, Esquire, be sent for, in custody of the Serjeant-at-Arms attending this House.

The Serjeant-at-Arms being called upon to give the House an account of what he had done in relation to Lewis Pryse, Esquire, who was, the 8th of August last, ordered to be sent for in custody, for not attending the Service of the House; he acquainted the House, That the messenger he sent to bring up Mr. Pryse, had been at his house at Gargathen, but that he was not there; nor could the messenger have any intelligence where he was.

Ordered, That Lewis Pryse, Esquire, do surrender himself into the custody of the Serjeant-at-Arms attending this House, by this day month at the farthest, upon pain of occurring the farther displeasure of this House, and of being proceeded against with the utmost severity.

The order of the 2nd of February last being read requiring Lewis Pryse, Esquire, to surrender himself into the custody of the Serjeant-at-Arms attending this House by that day month at farthest;

The Serjeant was called upon to know whether he had heard from the said Mr. Pryse, and he acquainted the House, That he had not heard from him.

Mr. Speaker acquainted the House, that he had received a letter from the said Mr. Pryse, and he delivered the same to the Clerk to be read; and the same was read accordingly, and is as follows, viz.:

“Sir,

“’Tis with pleasure that I embrace every opportunity of returning you my acknowledgments for the good offices you have done me, as often as the case of my unavoidable absence has come under debate in the House. The repeated experience I have had of your friendship in this point, encourages me to hope for the continuance of them, which I shall not offer to desire longer than the reasonableness of my case shall appear to deserve them.

“I beg leave once more to represent it to you; and through your assistance to the honorable House; whose displeasure as it is a very sensible affliction to me, I should be glad by any means in my power to remove. That as it is impracticable for me to attend by the time appointed, because of a very severe fit of the gout which I am now afflicted with, and thereby give satisfaction to the House in the method they have insisted on; I hope they will accept of such as is in my power, and give me a favorable hearing when I represent to them, that I was chose knight of the shire of Cardigan when I was at 100 miles distant from it, and had been absent thence for ten months before the time of my election; which I was so far from seeking, that I never asked a vote for it, and was chose even against my inclinations.

“I know not how far a man is obliged to stand to the choice a county makes of him. Sure I am that I have reason to complain of a force that has administered the occasion of my disobliging the honorable House, by an absence caused by infirmities, under which I labored at the time of my choice, and which have continued upon me ever since with the greatest severity, and with little or no intermission.

“In these circumstances I would fain hope that the honorable House will rather blame the country’s choice than him who has been unwillingly forced into a post, and lies under the misfortune (for I flatter myself ’twill not be thought a crime) of not being able to attend the business of it; and will therefore lay aside their displeasure, and remit the sentence ordered against me.

“And I am the rather encouraged to hope this, because Mr. Prynne, in his comment on the fourth book of Sir Edward Coke’s Institutes, shows, from various records, that incurable distempers have been constantly allowed by the House for a just excuse of non-attendance; and upon debates in such cases, no other punishment has been inflicted than excusing the service of the Member, and ordering a new writ for electing a person duly qualified, and capable of attending the business of the House. This being the course of Parliamentary proceedings in such cases as mine, which I have now truly represented to you, and can produce hundreds of witnesses to confirm, I hope that the unhappy incapacity I am under of attending the service of the House, will be thought to deserve no severer treatment than has been usual in the like cases; and that my ready submission to the honorable House’s pleasure in this point, will be a means to restore me to their favorable opinion, and engage you to promote the request of

“Your most obliged and obedient humble servant,“Le Pryse.

“Aberllefenny, 18th February, 1715.

“I know not how far the House in their last order about me, might be influenced by any report of the messenger who came down to my house; but to prevent misrepresentation I think it proper to assure you, that within three days after a very dangerous fit of the gout suffered me to come downstairs, I came from thence hither to my father-in-law’s, eighteen miles in my way to London. But the motion of even so small a journey brought another fit upon me immediately, with which I have been laid up here ever since, and not having been yet so much as able to return to my own house.”

Then the journal of the * day of May, 1689, in the case of Mr. Cholmondley was read.

(House interrupted – Conference.)

The House resumed the consideration of the matter relating to Mr. Pryse.

Resolved, That Lewis Pryse, Esquire, a Member of this House, having been sent for in custody of the Serjeant-at-Arms attending this House, the 8th day of August last, for not attending the service of this House, and having never qualified himself as a Member of this House, by taking the oaths at the table, be forthwith brought up in custody.

The Messenger gives the House an account of what he had done pursuant to the order of the House.

Resolved, That Lewis Pryse, Esquire, a Member of this House, having been sent for in custody of the Serjeant-at-Arms attending this House, the 8th day of August last, for not attending the service of this House, and having never qualified himself as a Member of this House by taking the Oaths at the table; and having been on the 2nd of February last summoned to surrender himself into custody of the Serjeant-at-Arms, upon pain of being proceeded against with the utmost severity, and he having absconded, and peremptorily refused to surrender himself into custody, be, for the same contempt, expelled this House.

PRECEDENT of a Member refusing to take the Oath of Supremacy

Daniel O’Connell, Esq., professing the Roman Catholic religion, returned Knight of the Shire for the County of Clare, being introduced in the usual manner, for the purpose of taking his seat, produced at the table a certificate of his having been sworn before two of the deputies appointed by the Lord Steward, whereupon the clerk tendered to him the Oaths of Allegiance, Supremacy, and Abjuration; upon which Mr. O’Connell stated, that he was ready to take the Oaths of Allegiance and Abjuration, but that he could not take the Oath of Supremacy, and claimed the privilege of being allowed to take the Oath set forth in the Act passed in the present Session of Parliament “for the Relief of his Majesty’s Roman Catholic Subjects;” whereupon the Clerk having stated the matter to Mr. Speaker, Mr. Speaker informed Mr. O’Connell that, according to his interpretation of the law, it was incumbent on Mr. O’Connell to take the Oaths of Allegiance, Supremacy, and Abjuration, and that the provisions of the new Act applied only to Members returned after the commencement of the said Act, except in so far as regarded the repeal of the Declaration against transubstantiation; and that Mr. O’Connell must withdraw unless he were prepared to take the Oaths of Allegiance, Supremacy, and Abjuration.

Whereupon Mr. O’Connell withdrew.

Motion, That Mr. O’Connell be called back and heard at the table. Debate arising.

A Member stated that he was requested by Mr. O’Connell to desire that he might be heard.

Debate adjourned.

Resolved, That Mr. O’Connell, the Member for Clare, be heard at the Bar, by himself, his counsel or agents, in respect of his claim to sit and vote in Parliament without taking the Oath of Supremacy.

Mr. O’Connell was called in, and heard accordingly: And being withdrawn;

Resolved, That it is the opinion of this House, that Mr. O’Connell having been returned a Member of this House before the commencement of the Act passed in this Session of Parliament “for the Relief of his Majesty’s Roman Catholic Subjects,” is not entitled to sit or vote in this House unless he first take the Oath of Supremacy.

Ordered, That Mr. O’Connell do attend the House this day, and that Mr. Speaker do then communicate to him the said resolution, and ask him whether he will take the Oath of Supremacy.

And the House being informed that Mr. O’Connell attended at the door, he was called to the Bar, and Mr. Speaker communicated to him the resolution of the House of yesterday, and the order thereupon, as followeth: —

Resolved, That it is the opinion of this House, that Mr. O’Connell having been returned a Member of this House before the commencement of the Act passed in this Session of Parliament, “for the Relief of his Majesty’s Roman Catholic Subjects,” is not entitled to sit or vote in this House unless he first take the Oath of Supremacy.

Ordered, That Mr. O’Connell do attend the House this day, and that Mr. Speaker do then communicate to him the said resolution, and ask him whether he will take the Oath of Supremacy.

And then Mr. Speaker, pursuant to the said order, asked Mr. O’Connell whether he would take the said Oath of Supremacy? Whereupon Mr. O’Connell requested to see the said Oath, which being shown to him accordingly, Mr. O’Connell stated that the said Oath contained one proposition which he knew to be false, and another proposition which he believed to be untrue; and that he therefore refused to take the said Oath of Supremacy.

And then Mr. O’Connell was directed to withdraw; and he withdrew accordingly.

Ordered, That Mr. Speaker do issue his warrant to the Clerk of the Crown in Ireland to make out (subject to the provisions of an Act passed in this Session of Parliament, intituled, “An Act to amend certain Acts of the Parliament of Ireland relative to the election of Members to serve in Parliament, and to regulate the qualification of persons to vote at the election of Knights of the Shire of Ireland”) a new writ for the electing of a Knight of the Shire to serve in this present Parliament for the County of Clare, in the room of Daniel O’Connell, Esq., who, having been returned a Member of this House before the commencement of an Act passed in this Session of Parliament “for the Relief of his Majesty’s Roman Catholic Subjects,” has refused to qualify himself to sit and vote as a Member of this House, by taking the Oath of Supremacy.

PRECEDENT of a Member being a Quaker, claiming to make an Affirmation

Several Members attended at the table to take the Oaths; and Joseph Pease, Esquire, returned for the Southern Division of the County of Durham, having stated that, being one of the people called Quakers, he claimed the privilege of making an Affirmation, instead of taking the Oaths; whereupon he was desired by Mr. Speaker to retire until the sense of the House could be taken upon his claim; and he retired accordingly.

Ordered, That a Select Committee be appointed to search the Journals of the House, and to report to the House such precedents, and such Acts or parts of Acts of Parliament as relate to the right of the people called Quakers to take their seats in Parliament, and to the privilege conferred upon them to make their solemn Affirmation in Courts of Justice, and other places where by law an Oath is allowed, authorised, or required to be taken.

Report: —

Resolved, That it appears to this House, that Joseph Pease is entitled to take his seat upon making his solemn Affirmation and Declaration to the effect of the Oaths directed to be taken at the table of this House.

*****

The Counsel and Agents in the case of the Coleraine Election, being returned to the bar, the Clerk appointed to attend the said Committee delivered into the House a reduced List; and the same was called over, and is as follows: —

*****

And the Members of the Committee being as usual, come to the Table to be sworn, and Joseph Pease, Esquire, a Quaker, being one of the said Members, Mr. Speaker submitted to the House whether Mr. Pease was capable of serving on the said Election Committee without having been sworn.

*****

And the House being unanimously of opinion, That Mr. Pease was capable of serving on the said Committee;

The rest of the Committee were sworn, and Mr. Pease made his solemn Affirmation, as follows:

*****PRECEDENT of a Member omitting the words in the Oath of Abjuration “On the true Faith of a Christian.”

The Baron Lionel Nathan de Rothschild, returned as one of the members for the City of London, came to the table to be sworn; and being asked by the Clerk what Oath he wished to take, the Protestant or the Roman Catholic Oath, he replied, “I desire to be sworn upon the Old Testament.”

Whereupon the Clerk having stated the matter to Mr. Speaker, Mr. Speaker directed Baron Rothschild to withdraw.

[Debate on Question relative to the matter adjourned.]

Ordered, That Baron Lionel Nathan de Rothschild, one of the Members for the City of London, having demanded to be sworn on the Old Testament, be called to the table, and that Mr. Speaker do ask him why he has demanded to be sworn in that form.

Whereupon Baron Lionel Nathan de Rothschild, having come to the Table, was asked by Mr. Speaker —

“Baron de Rothschild, you have demanded to be sworn on the Old Testament, and I am directed by the House to ask you why you have demanded to be sworn in that form?”

To which Baron Lionel Nathan de Rothschild replied:

“Because that is the form of swearing that I declare to be most binding on my conscience.”

And then Mr. Speaker directed him to withdraw.

Ordered, That Baron Lionel Nathan de Rothschild, one of the Members for the City of London, having presented himself at the table of the House, and having previously to taking the Oaths, requested to be sworn on the Old Testament (being the form which he has declared at the table to be most binding on his conscience), the Clerk be directed to swear him on the Old Testament accordingly.

The Baron Lionel Nathan de Rothschild, having come to the table, Mr. Speaker acquainted him that the House had made the following Order:

“That Baron Lionel Nathan de Rothschild, one of the Members for the City of London, having presented himself at the table of the House, and having previously to taking the Oaths, requested to be sworn on the Old Testament (being the form which he has declared at the table to be most binding on his conscience), the Clerk be directed to swear him on the Old Testament accordingly.”

Whereupon the Clerk handed to him the Old Testament, and tendered him the Oaths; and he accordingly took the Oaths of Allegiance and Supremacy, repeating the same after the Clerk; the Clerk then proceeded to administer the Oath of Abjuration, which the Baron de Rothschild repeated after the Clerk so far as the words “upon the true faith of a Christian,” but upon the Clerk reading those words, the Baron de Rothschild said, “I omit those words as not binding on my conscience;” he then concluded with the words “So help me, God” (the Clerk not having read those words to him), and kissed the said Testament: – Whereupon he was directed to withdraw.

Question for a new writ negatived.

Resolved, That the Baron Lionel Nathan de Rothschild is not entitled to vote in this House, or to sit in this House during any debate, until he shall take the Oath of Abjuration in the form appointed by law.

Resolved, That this House will, at the earliest opportunity in the next Session of Parliament, take into its serious consideration the form of the Oath of Abjuration, with a view to relieve her Majesty’s subjects professing the Jewish religion.

[The House refuses to hear Petitioners by Counsel in favour of a resolution admitting Baron Lionel de Rothschild.]

[See case of David Salomons, Esq., July, 1851, infra.]

Bill to provide for the relief of her Majesty’s subjects professing the Jewish Religion. Brought from the Lords, 13th July. Royal assent, 23rd July, 1858.

[Oaths Bill Passed: By the Lords with Amendments; Lords’ Amendments disagreed to; Lords insist, and assign reasons.]

Resolved, That this House does not consider it necessary to examine the reasons offered by the Lords for insisting upon the exclusion of Jews from Parliament, as by a Bill of the present Session, intituled, “An Act to provide for the relief of her Majesty’s subjects professing the Jewish Religion,” their Lordships have provided means for the admission of persons professing the Jewish Religion to seats in the Legislature.

Resolved, That this House doth not insist upon its disagreement with the Lords in their Amendments to the said Bill.

Baron Lionel Nathan de Rothschild, returned as one of the Members for the City of London, came to the table to be sworn; and stated that, being a person professing the Jewish religion, he entertained a conscientious objection to take the Oath which, by an Act passed in the present Session, has been substituted for the Oaths of Allegiance, Supremacy, and Abjuration, in the form therein required. Whereupon the Clerk reported the matter to Mr. Speaker, who desired Baron Lionel Nathan de Rothschild to withdraw, and he withdrew accordingly.

Resolved, That it appears to this House that Baron Lionel Nathan de Rothschild, a person professing the Jewish religion, being otherwise entitled to sit and vote in this House, is prevented from so sitting and voting by his conscientious objection to take the oath which, by an Act passed in the present Session of Parliament, has been substituted for the Oaths of Allegiance, Supremacy, and Abjuration, in the form therein required.

Resolved, That any person professing the Jewish religion may henceforth, in taking the oath prescribed in an Act of the present Session of Parliament to entitle him to sit and vote in this House, omit the words “and I make this declaration upon the true faith of a Christian.”

Baron Lionel Nathan de Rothschild having again come to the table, desired to be sworn on the Old Testament, as being binding on his conscience.

Whereupon the Clerk reported the matter to Mr. Speaker, who then desired the Clerk to swear him upon the Old Testament.

Baron Lionel Nathan de Rothschild was sworn accordingly, and subscribed the Oath at the table.

[See case of Baron Mayer Amschel de Rothschild, 15th Feb., 1859, infra.]

Parliament dissolved, 23rd April, 1859; met, 31st May, 1859.

Baron Lionel Nathan de Rothschild, Member for the City of London, came to the table to be sworn, and stated that being a person professing the Jewish religion, he had a conscientious objection to take the oath in the form required by the Act 22 Vict. c. 48. The Clerk having reported the circumstance to Mr. Speaker, Baron Lionel Nathan de Rothschild was directed to withdraw, and he withdrew accordingly.

Resolved, That it appears to this House that Baron Lionel Nathan de Rothschild, a person professing the Jewish religion, being otherwise entitled to sit and vote in this House, is prevented from so sitting and voting by his conscientious objection to take the oath, which by an Act passed in the 22nd year of her Majesty has been substituted for the Oaths of Allegiance, Supremacy, and Abjuration in the form therein required.