CHAPTER IX

TAKING THE OATH OF ALLEGIANCE

1

Let us linger awhile in the Upper Chamber to note what happens when,

on the second day of the opening of a new Parliament, the Commons

return to their own House, having at their head no longer a mere

“Speaker-Elect,” but a fully-fledged “Mr. Speaker,” who has been

completely evolved from the chrysalis state by the magic influence

of the Royal approbation. As the noise of the retreating feet of the

exultant Commons irreverently breaks for a minute or so the solemn

stillness of the House of Lords, the five Lords Commissioners rise

from their bench, and with slow, toilsome footsteps, as if the weight

of their ample scarlet robes trailing on the ground behind them

impede their progress, disappear behind the Throne. After a brief

interval the Lord Chancellor reappears, attired in his customary

robes—which, like the Speaker’s, consist of a full-bottomed wig and

a flowing black gown worn over levee dress—and takes his seat on the

Woolsack. The junior bishop among the Lords Spiritual present reads

the prayers, while the peers stand with bowed and reverent heads.

Then the process of swearing-in begins. The Lord Chancellor is the

first to come to the table; and, with a copy of the New Testament

in his right hand, and a large paste-board card containing the

words of the oath, in his left, he repeats, after the Clerk of the

Parliaments, the declaration that he will be faithful and bear true

allegiance to his Majesty; after which he kisses the book, and writes

his name on the Roll of Parliament. It is the first signature on the

virgin sheet. The roll is of a different kind in each House. In the

Upper Chamber it is really a roll. It consists of one long sheet of

paper, about 16 inches in width, which winds round a roller. The

peers simply write their ordinary signatures, such as “Birkenhead,”

“Morley,” “Rosebery,” “Salisbury,” or “Lansdowne.”

As the Lord Chancellor returns to the Woolsack, Garter King of

Arms (the head of The Heralds’ College), appears, in his gorgeous

tabard, emblazoned back and front with the Royal Arms and many quaint

devices, and delivers to the Clerk the Roll of the Lords. The Clerk

of the Crown in Chancery, wearing wig and gown, also enters and

presents a certificate of the return of the sixteen representative

Scottish peers, who are elected for every new Parliament by the

peerage of Scotland. Then the peers come to the table without any

order or precedence being observed, and each, having first handed

over his writ of summons, a small piece of limp parchment, to the

Clerk, takes the oath, and subscribes the Roll.

“Once a peer, a peer for life,” it is said, truly enough, and yet

every Lord of Parliament must receive, at the dissolution, a fresh

summons from the Crown, and must take a fresh oath of allegiance,

before he can resume his legislative duties in the new Parliament.

The writs are issued from the Crown Office at Westminster to “the

Lords spiritual and temporal” individually. The mediæval quaintness

of the summons—it has been in use for over six centuries—is shown in

its principal passage:

We strictly enjoining, command you upon the faith and allegiance by

which you are bound to Us, that the weightiness of the said affairs

and imminent perils considered (waiving all excuses), you be at the

said day and place personally present with Us, and with the said

Prelates, Great Men, and Peers, to treat and give your council upon

the affairs aforesaid. And this, as you regard Us and Our honour

and the safety and defence of the said United Kingdom and Church

and dispatch of the said affairs, in no wise do you omit.

The writ sent to the spiritual peers is the same, save that they are

commanded to attend upon their “faith and love” instead of their

“faith and allegiance,” as in the case of the peers temporal. The

Archbishops of Canterbury and York, and the Bishops of London, Durham

and Winchester, become Lords of Parliament immediately on their

consecration, but the other prelates of the Church Establishment

must await, in the order of seniority of consecration, writs of

summons to the House of Lords, according as vacancies arise by death

or resignation in the estate of the Lords spiritual. The number of

spiritual peers is limited to twenty-six, and as there are thirty-six

dioceses in the Established Church, ten of the prelates are therefore

not Lords of Parliament, but all of them—save the Bishop of Sodor

and Man—may hope, in time, to have seats in the House of Lords

by succession. It is an interesting fact that the making of an

affirmation instead of taking the oath—a not infrequent occurrence

in the Commons—is rarely to be seen in the Lords. The only time I

have witnessed it was when Viscount Morley of Blackburn (better known

in literature and politics as John Morley) came to the table on his

first introduction to the House of Lords in May 1908, and the Clerk

produced, in the usual course, the New Testament and the copy of

the oath. Lord Morley refused to be sworn, and insisted on making

affirmation instead. As there was no precedent for such a demand in

the House of Lords, no form of affirmation was available; but after a

hurried consultation between the Lord Chancellor and the Clerk, the

terms of the oath, with the appeal to the Almighty, “So help me, God”

omitted, were made to serve the purpose.

2

In the House of Commons the procedure of swearing-in members is

somewhat different. The Speaker is the first to take the oath. As

soon as he returns to the Chair, in the full garb of his office,

he stands on the dais, and repeats the words of the oath after the

Clerk. It is a very simple declaration, and is the same in both

Houses:

I, —— ——, swear by Almighty God that I will be faithful and

bear true allegiance to his Majesty King George, his heirs and

successors, according to law. So help me, God.

The Speaker then signs the Test Roll, which, differing in form from

the Roll of Parliament in the Upper House, is a large book strongly

bound in leather, with brass clasps, opening at the bottom instead of

at the sides, and with a sheet of blotting-paper between every two

leaves. A new Test Roll is provided for each new Parliament.

After the Speaker, Members are sworn in in batches. To expedite

matters, two tables are brought into the Chamber, and, being placed

in line with the Clerk’s Table, are each supplied with copies of

the New Testament and five large paste-boards, on which the oath

is printed in bold type. At each table one of the clerks-assistant

stands, and administers the oath to the Members, as they present

themselves in groups of five, two or three holding between them a

Testament, and each having in his left hand one of the oath-cards,

the words of which they repeat, and then kiss the book. The first to

take the oath and sign the roll after the Speaker are the Leader of

the House and the Leader of the Opposition. Members of “his Majesty’s

most honourable Privy Council,” and the Ministers, past and present,

next have precedence, and take the oath separately from the other

Members.

In the Lords, as we have seen, each peer, before taking the oath and

subscribing the Roll, gives the Clerk his writ of summons. But in the

Commons no proof of identity—no evidence that they are duly elected

M.P.’s—is required from the gentlemen that present themselves at

the Table to take the oath and subscribe the Test Roll. It is true

that the Clerk of the Crown in Chancery receives at his office at

Westminster from the returning officer of every constituency what is

called the return of the writ—that is, actually the writ of election,

with the name of the elected representative certified on the back—and

that the names of the Members, with the constituency each represents,

are inscribed in a book, called the “Return Book,” which is delivered

by the Clerk of the Crown to the Clerk of the House of Commons on the

day the new Parliament opens.

But though ordinarily all the approaches to the Chamber are guarded

by vigilant policemen and door-keepers, who know every Member of

the House, it is obviously impossible at the opening of a new

Parliament—when there is a large influx of new Members—for the

officials on duty to be able to discriminate between those who say

they are representatives and those who may be strangers. It would

not be difficult, therefore, for an impostor of nerve and audacity,

with some knowledge of the House and its ways, to enter the House

by personating some Member whom he knew could not be in attendance,

to vote in a division on the Speakership, should there be a contest

for the Chair, and even to take the oath and subscribe the Roll.

There is no case of personation on record, but it is possible in the

circumstances. The Return Book is a conspicuous object on the Table

during the swearing-in of Members. It is there for reference by the

Clerk, in the event of a question arising as to the identity of any

person who may present himself. However, as it contains merely the

name of each Member and his constituency, and not his portrait and

description, it is hardly an insuperable bar to personation, and

accordingly, in the case of new Members, the question of identity

has to be taken on trust by the Clerk. But there is no doubt that a

Member who for any reason did not want to take the oath could quite

easily evade the obligation.

3

In the case of a contested election for the Speakership, Members

would of course have to vote without having been sworn. What, it may

be asked, would happen in the event of a Member, after the election

of the Speaker, sitting and voting without having taken the oath and

signed the Roll? The penalties provided by an Act passed in 1866 are

a fine of £500 for each commission of the offence of voting, and

the immediate deprivation of the seat, which, _ipso facto_, becomes

vacant. The payment of the fines, when the offence has been committed

through mistake, ignorance, or inadvertence, can be remitted by an

Act of Indemnity, but it is contended that nothing can avoid the

instant vacating of the seat. I remember hearing it persistently

whispered that one Member elected at a certain General Election

had never taken the oath or signed the Roll. The matter, however,

was never brought to the notice of the House. A peer who takes his

seat and votes without having previously subscribed to the oath

is likewise liable for every such vote to a penalty of £500. Peers

have so inadvertently violated the law. Each explained that having

taken the oath and signed the Roll on his accession to the peerage

he thought he was not obliged to do so again when a new Parliament

assembled. This excuse was accepted in the case of four peers in

1906. Bills of Indemnity were then said to be no longer necessary.

The swearing-in of Members returned to the House of Commons at the

General Election of 1918—the first after the World War—had one new

feature. It was introduced owing to changes in the law of election

made by the Reform Act of 1918. It is provided by that Act that

a candidate must lodge £150 with the returning officer at his

nomination, which sum is not given back until the returning officer

is officially informed that the candidate, if elected, has taken the

oath and signed the Roll. Accordingly, to provide a means of ready

discovery as to whether a particular Member had or had not subscribed

to the oath, two clerks sat at the Table, with printed lists of the

names and constituencies, which they ticked off as the name and the

constituency of each Member was announced by the Clerk of the House

in the course of the introduction of the Member to the Speaker.

4

As Members take the oath, they proceed, in single file, to subscribe

the Test Roll, over which the Clerk stands sentinel. Each Member

writes his full name and that of his constituency. He is then

introduced by the Clerk to the Speaker, who shakes hands with him.

So the process of swearing-in goes on for two or three days. It is

slow and tedious work, and the House is not a lively place while it

is in progress. Occasionally a special incident relieves the tedium

of the proceedings. Some Members claim to make an affirmation instead

of being sworn, on the ground that he has no religious belief, or

that the taking of an oath is contrary to his religious belief. The

affirmation is in the same form as the oath, except that the words

“Solemnly, sincerely and truly declare and affirm” are substituted

for the word “swear,” and the words, “So help me, God” are omitted.

These have to sign their names on a different part of the Test Roll.

It is no unusual thing either to see a Member, wearing his hat, sworn

on a book provided by himself. He belongs to the Jewish persuasion,

which requires the oath to be taken with covered head on a copy of

the Pentateuch, or first five books of the Old Testament. Others

prefer to swear with uplifted hand instead of by kissing the New

Testament. The oath is administered in about a minute to each batch.

It is in signing the Test Roll that time is consumed. The Member who

has not his glasses adjusted, or who searches on the Table for the

pen that suits him best, with which to inscribe his name on the roll

of fame in bold and lasting caligraphy, may block a group anxious

to get to the lunch-rooms or smoking-rooms, and may prove the same

kind of nuisance to his fellows as the man who wants to change a

five-pound note at the railway booking-office, though there is a

long and impatient queue behind, and the train is on the point of

starting.

The pageant of Parliament, vol. 1 of 2 · 第 9 / 20 章