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
In 1870 another Bill, prepared by the Hon. G. Denman and Mr Locke King,
was passed through Parliament to further amend the law of evidence, but
it only met such difficulties as had arisen in the case of Bradlaugh
and De Rin, and did not touch the law as it related to jurymen,
affidavits, or Scotland. Mr Bradlaugh was continually urging members
of the House to get these points amended, but nothing further was done
until he himself carried his Oaths Act of 1888, by which the whole law
relating to oaths was radically altered.
Until the passing of this Act, jurors without religious belief were
liable to be committed to prison if they refused to be sworn, and
the law did not permit them to affirm. Affidavits on interlocutory
proceedings could only be made upon oath. In Scotland all Atheists
and disbelievers in eternal torment were, in addition, incompetent as
witnesses.
In any case, too much discretion was left to the Judge, who was
supposed to satisfy himself, according to the monstrous formula laid
down by the Act, that the oath would have "no binding effect" upon
the conscience of a heretical witness. A promise is binding upon the
conscience of an honest man in whatever form it may be made, and it
put Freethinkers in an entirely false position to be obliged to assent
to the statement that some particular form was not binding upon them.
Conscientious witnesses who wished to affirm hardly knew what to answer
when the Judge put the question to them, and he would not always be
satisfied with the mere statement that the oath gave no additionally
binding effect to the promise. And sometimes his assent to the formula
would be used to the discredit of a witness. I myself once heard Baron
Huddleston tell the jury that it was for them to consider what was the
value of the evidence of a witness whom an oath would not bind.
* * * * *
Amongst the multitude of papers hostile to Mr Bradlaugh's candidature
for Parliamentary honours in 1868 was one called the _Razor_. This
journal went so far in its condemnatory strictures that Mr Bradlaugh
felt--as his counsel, Mr Digby Seymour, put it--that he had no option
but to bring an action against the proprietor. The _Razor_ must have
been in a general way a tolerably obscure publication, for when I
went to look it up in the British Museum, no trace of it could be
discovered, although the officials there took considerable pains to
find it for me. But the article against Mr Bradlaugh had been recopied
from its columns and widely circulated in Northampton, where it was
calculated to produce serious mischief. Later on Northampton grew
accustomed to hearing my father accused of every possible crime, and,
knowing their absolute falsity, became hardened to such slanders;
still, at that time the acquaintance was comparatively young between
Northampton and the man whose statue it has this year placed in one of
its most public thoroughfares.
Public-domain text, read in full here on John Shaqi.
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