Note 121 — Chapter III

In the action of Richards v. Hough and Co., however, in May 1882, Mr Justice Grove expressly remarked that some judges did not think it necessary to enquire at all as to the belief of a witness claiming to affirm. In the prosecution of Bradlaugh, Foote, and Ramsay in 1883 for blasphemy, on the other hand, Lord Coleridge, a very considerate judge, expressly asked Mr Foote, before letting him affirm, whether the oath "would be binding on his conscience," though Mr Foote, declaring himself an atheist, rightly objected to such a query. His lordship after discussion agreed to modify the question, making it apply only to the words of invocation; and he put the question with still more modification to Mrs Besant, who, warned by what had been done to her partner, declared in so many words that any promise she made would be binding on her, whatever the form.