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, G.o.d" (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 ent.i.tled 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 Pet.i.tioners 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 a.s.sent, 23rd July, 1858.

[Oaths Bill Pa.s.sed: By the Lords with Amendments; Lords' Amendments disagreed to; Lords insist, and a.s.sign 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, int.i.tuled, "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 pa.s.sed in the present Session, has been subst.i.tuted 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 ent.i.tled 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 pa.s.sed in the present Session of Parliament, has been subst.i.tuted 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 ent.i.tle 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 circ.u.mstance 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 ent.i.tled 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 pa.s.sed in the 22nd year of her Majesty has been subst.i.tuted 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 pa.s.sed in the twenty-second year of her Majesty to ent.i.tle him to sit and vote in this House, omit the words "and I make this declaration upon the true faith of a Christian."

Whereupon Baron Lionel Nathan de Rothschild, Alderman David Salomons, and Baron Mayer Amschel de Rothschild, being Members professing the Jewish religion, having come to the table, were sworn upon the Old Testament, and took the oath, omitting the words "and I make this declaration upon the true faith of a Christian," and subscribed the same.

PRECEDENT of a MEMBER omitting the words in the OATH OF ABJURATION, "on the true faith of a Christian."

DAVID SALOMONS, Esq., returned as one of the Members for the borough of Greenwich, came to the table to be sworn; and being tendered the New Testament by the Clerk, stated that he desired to be sworn on the Old Testament: Whereupon the Clerk reported the matter to Mr. Speaker, and Mr. Speaker asked him why he desired to be sworn on the Old Testament; he answered, because he considered it binding on his conscience; Mr. Speaker then desired the Clerk to swear him upon the Old Testament; the Clerk handed to him the Old Testament, and tendered him the oaths; and he took the Oaths of Allegiance and Supremacy, repeating the same after the Clerk. The Clerk then proceeded to administer the Oath of Abjuration, which Mr. Salomons read as far as the words "upon the true faith of a Christian," which he omitted, concluding with the words "So help me, G.o.d". And the Clerk having reported to Mr. Speaker that Mr. Salomons had omitted to repeat the words "upon the true faith of a Christian," Mr.

Speaker desired Mr. Salomons to withdraw. He thereupon retired from the table and sat down upon one of the lower benches, upon which Mr. Speaker informed him that, not having taken the Oath of Abjuration in the form prescribed by the Act of Parliament, and in the form in which the House had upon a former occasion expressed its opinion that it ought to be taken, he could not be allowed to remain in the House, but must withdraw.

And he withdrew accordingly.

Motion for new writ withdrawn.

The House resumed the further proceedings.

Mr. Alderman Salomons entered the House, and took his seat within the Bar: Whereupon Mr. Speaker said that he saw that a Member had taken his seat without having taken the Oaths required by law; and that he must therefore desire that the honorable Member do withdraw.

Mr. Alderman Salomons continued in the seat within the Bar.

_Ordered_ (after Debate), That Mr. Alderman Salomons do now withdraw.

Whereupon Mr. Speaker stated that the honorable Member for Greenwich had heard the decision of the House, and hoped that the honorable Member was prepared to obey it.