The venue of that struggle was shortly transferred to the law courts.
Bradlaugh had affirmed and taken his seat at his own legal risk.
During the five months in which Parliament sat between July, 1880,
and March, 1881, he was one of the most assiduous and energetic
members of the House. On March 7, the action of one Clarke _v._
Bradlaugh came on the Court of Queen's Bench before Mr. Justice
Matthew. On the 11th the judge delivered his judgment, which was
against the defendant. He said that the Parliamentary Oaths Act,
cited in his favour by Bradlaugh, only permitted affirmation to
persons holding religious beliefs. On judgment being delivered
against him, Bradlaugh applied for a stay of execution of costs, with
view to an appeal, which was granted, the judge consenting to stay
his verdict for the opinion of the Court of Appeal to be taken. The
appeal was heard on March 30 by Lord Justices Bramwell, Lush, and
Baggallay, but their decision was again adverse to the defendant.
The point taken was not, as Mr. Labouchere had argued before the
House, the actual grammatical meaning of the wording of the Act, but
{158} the intention of the framers of the Act. Their Lordships held
that it had only been intended to emancipate persons possessed of
positive religious beliefs rendering the taking of an oath repugnant
to their consciences. This rendered the second seat for Northampton
vacant. On April 1 Mr. Labouchere, in the course of moving for a new
writ for the borough of Northampton, said that a decision had now
been given against Bradlaugh by three judges, and, in all
probability, the House of Lords would decide against him. He was
authorised by Mr. Bradlaugh to say that he fully accepted the law as
laid down by the Court of Appeal, and that it was not fair that
Northampton should have one member only--the election might be got
over by the Easter holidays, and honourable and right honourable
gentlemen would have an opportunity of considering what course they
would take should Mr. Bradlaugh be re-elected. The writ was issued,
and Mr. Bradlaugh was, as Mr. Labouchere had predicted, re-elected on
April 9. Mr. Labouchere made a speech at Northampton, before the
election, in defence of his colleague, the interest of which was
wider than that of the Bradlaugh controversy on account of one
statement in it. He described his leave-taking of Mr. Gladstone, on
his departure from London, in these words: "And, men of Northampton,
that grand old man said to me, as he patted me on the shoulder,
'Henry my boy, bring him back, bring him back!'" I think Mr.
Labouchere's autobiographical Muse used a poetic license here. It is
certainly difficult to imagine Mr. Gladstone patting the member for
Northampton on the back, and calling him "Henry, my boy." The
success of this allusion to the Prime Minister, however, was
enormous, and the name stuck. Mr. Gladstone was the "Grand Old Man"
for the rest of his life.
Public-domain text, read in full here on John Shaqi.
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