Charles Bradlaugh: a Record of His Life and Work, Volume 1 (of 2): With an Account of his Parliamentary Struggle, Politics and Teachings. Seventh EditionRobertson, J. M. (John Mackinnon)
History
Charles Bradlaugh: a Record of His Life and Work, Volume 1 (of 2): With an Account of his Parliamentary Struggle, Politics and Teachings. Seventh Edition
Robertson, J. M. (John Mackinnon)
Bradlaugh, Charles, 1833-1891
After a very long delay, in December 1869 the case came before Mr
Prentice to ascertain, as I have said, whether the bills were delivered
to Mr Bradlaugh in England or in France. Once more Mr Bradlaugh
presented himself as a witness, to prove their delivery to him in
England, and once more, despite the passing of the Evidence Amendment
Act in the previous August, his evidence was objected to. Mr Bradlaugh
appeared in person, and Mr Wood, who had been counsel for the defendant
at the hearing before Mr Justice Lush, again appeared for him. On
Mr Bradlaugh tendering himself as witness, Mr Wood--who, like his
predecessor Mr Keane, said that, acting under special instructions,
he took a course which gave him considerable pain--asked him: "Do you
believe in God?"
Mr Bradlaugh's objection to answer this question was followed by a long
discussion, at the end of which Mr Prentice held that he was bound to
answer. Again Mr Wood put the question: "Do you believe in God?"
Mr Bradlaugh: "I do not; that is, I do not believe in any being
independent of the universe, governing or ruling it."
Mr Prentice: "Do you believe in a future state of rewards and
punishments?"
Mr Bradlaugh: "After death, certainly not."
"Then," said Mr Prentice, "I must refuse your evidence."
A day or so later my father, undaunted, carried his case before Mr
Justice Brett at Judges' Chambers, and asked for an order to compel
Mr Prentice to take his evidence; but Mr Justice Brett held, although
with some doubt, that Mr Prentice was not authorised by the Act of
Parliament to administer the alternative declaration.[126] The Judge
added that Mr Bradlaugh ought to have liberty to apply to the Court
against the decision, and endorsed his judgment with the opinion that
it was "a fit case to go before the full court."
[Footnote 126: The Evidence Amendment Act 1869 (32 and 33 Vict. c.
68) enacted "that if any person called to give evidence in any court,
whether in a civil or criminal proceeding, shall object to take an
oath, or shall be objected to as incompetent to take an oath, such
person shall, if the presiding judge is satisfied that the taking of
the oath would have no binding effect upon his conscience, make the
promise and declaration the form of which is contained in the same
section." Mr Prentice, as arbitrator, did not consider himself a
"presiding judge" within the meaning of the Act, and was not therefore
qualified to satisfy himself as to the state of a witness's conscience.]
Public-domain text, read in full here on John Shaqi.
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