seamus dubhghaill

Promoting Irish Culture and History from Little Rock, Arkansas, USA

Tag Archives: Oath of Allegiance (United Kingdom)


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The Convening of the Second Dáil

The Second Dáil (Irish: An Dara Dáil) is Dáil Éireann as it convenes on August 16, 1921, following the dissolution of the First Dáil. The Second Dáil runs until June 8, 1922.

From 1919 to 1922, Dáil Éireann is the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consists of members elected at the 1921 Irish elections, but with only members of Sinn Féin taking their seats. On January 7, 1922, it ratifies the Anglo-Irish Treaty by 64 votes to 57 which ends the Irish War of Independence and leads to the establishment of the Irish Free State on December 6, 1922.

Since 1919, those elected for Sinn Féin at the 1918 Irish general election had abstained from the House of Commons and established Dáil Éireann as a parliament of a self-declared Irish Republic, with members calling themselves Teachtaí Dála or TDs. In December 1920, in the middle of the Irish War of Independence, the British Government passes the Government of Ireland Act 1920, which enacts partition by establishing two home rule parliaments in separate parts of Ireland. These provisions arise out of discussions held at the Irish Convention held in 1917, from which Sinn Féin abstains. In May 1921 the first elections to the House of Commons of Northern Ireland and the House of Commons of Southern Ireland are held, by means of the single transferable vote. On May 10, 1921, the Dáil passes a resolution that the elections scheduled to take place later in the month in both parts of the country will be “regarded as elections to Dáil Éireann.”

In the elections for Southern Ireland, all seats are uncontested, with Sinn Féin winning 124 of the 128 seats, and Independent Unionists winning the four seats representing the Dublin University. In the 1921 Northern Ireland general election, the Ulster Unionist Party (UUP) wins 40 of the 52 seats, with Sinn Féin and the Nationalist Party winning 6 seats each. Of the six seats won by Sinn Féin in Northern Ireland, five are held by people who had also won seats in Southern Ireland.

The Second Dáil responds favourably to the proposal from King George V on June 22, 1921, for a truce, which becomes effective from noon on July 11, 1921. This is upheld by nearly all of the combatants while the months-long process of arranging a treaty gets under way. The Truce allows the Dáil to meet openly without fear of arrest for the first time since September 1919, when it had been banned and driven underground.

During the Second Dáil the Irish Republic and the British Government of David Lloyd George agree to hold peace negotiations. As President of Dáil Éireann, Éamon de Valera is the highest official in the Republic at this time but is notionally only the head of government. In August 1921, to strengthen his status in the negotiations, the Dáil amends the Dáil Constitution to grant him the title President of the Republic, and he thereby becomes head of state.

On September 14, 1921, the Dáil ratifies the appointment of Arthur Griffith, Michael Collins, Robert Barton, Eamonn Duggan and George Gavan Duffy as envoys plenipotentiary for the peace conference in England. These envoys eventually sign the Anglo-Irish Treaty on December 6. The debate on the Treaty starts on December 14 and continues until January 7, 1922. On that date, the Dáil approves the treaty by 64 in favour to 57 against. As the leader of the anti-Treaty minority, de Valera resigns as President. He allows himself to be nominated again but is defeated on a vote of 60–58. He is succeeded as president by Arthur Griffith. The anti-Treaty deputies continue to attend the Dáil, with de Valera becoming the first Leader of the Opposition in the Dáil.

The ratification specified by the Treaty is by “a meeting summoned for the purpose of the members elected to sit in the House of Commons of Southern Ireland.” The Dáil vote does not fulfil this because four unionists are absent and one Northern Ireland member is present. The requisite approval comes at a separate meeting on January 14, 1922, attended by the unionists and boycotted by anti-Treaty TDs. The meeting also approves a Provisional Government led by Collins, which runs in parallel to Griffith’s Dáil government and with overlapping membership. The Government of Ireland Act 1920 requires the Commons to be summoned by the Lord Lieutenant and its members to take an oath of allegiance to the king, whereas the meeting on January 14 is summoned by Griffith and the members present do not take an oath.

Under the terms of the Treaty, a Constituent Assembly is to be elected to draft a Constitution for the Irish Free State to take effect by December 6, 1922. The assembly is also to serve as a “Provisional Parliament” to hold the Provisional Government responsible. This election is held on June 16, 1922, pursuant to both a resolution by the Second Dáil on May 20 and a proclamation by the Provisional Government on 27 May 27.

The Third Dáil is elected at the general election held on June 16, 1922. This election is required to be held under the Anglo-Irish Treaty signed on December 6, 1921.

(Pictured: Some members of the Second Dáil at the Grosvenor Hotel in London, seated (L to R) Éamon de Valera and Arthur Griffith, National Library of Ireland, NPA-RPH-10)


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Enactment of the Papist Act 1778

The Papists Act 1778, an Act of the Parliament of Great Britain, is enacted on August 14, 1778, and grants rights of leasing and inheritance to those who have taken the oath of allegiance, the first rolling back of the Penal Laws and the first Act for Roman Catholic relief. Later in 1778 it is also enacted by the Parliament of Ireland.

Before the Act, a number of “Penal laws” had been enacted in Britain and Ireland, which varied between the jurisdictions from time to time but effectively excluded those known to be Roman Catholics from public life.

By this Act, an oath is imposed, which besides a declaration of loyalty to the reigning sovereign, contains an abjuration of the Pretender, and of certain doctrines attributed to Roman Catholics, such as that excommunicated princes may lawfully be murdered, that no faith should be kept with heretics, and that the Pope has temporal as well as spiritual jurisdiction in Great Britain.

Those taking this oath are exempted from some of the provisions of the Popery Act 1698. Although it does not grant freedom of worship, it allows Catholics to join the army and purchase land if they take an oath of allegiance. The section as to taking and prosecuting priests is repealed, as well as the penalty of perpetual imprisonment for keeping a school. Roman Catholics are also enabled to inherit and purchase land, nor is an heir who conformed to the Established church any longer empowered to enter and enjoy the estate of his “papist” kinsman.

The passing of this act is the occasion of the Gordon Riots (1780) in which the violence of the mob is especially directed against William Murray, 1st Earl of Mansfield, who had objected to various prosecutions under the statutes now repealed.

This Act remains on the statute book until it is repealed by the Promissory Oaths Act 1871.

(Pictured: The royal coat of arms of Great Britain, 1714-1801, used by King George I, George II and George III)


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The Registration Act 1704 Comes into Force

parliament-of-ireland

The Registration Act 1704 (2 Ann c.7; long title An Act for registering the Popish Clergy), an Act of the Parliament of Ireland, comes into force on June 23, 1704, after receiving royal assent on March 4, 1704. It requires all Catholic priests in Ireland to register at their local magistrates‘ court, to pay two £50 bonds to ensure good behaviour, and to stay in the county where they registered.

The act is one of a series of Penal Laws passed after the Williamite War to protect the victorious Protestant Ascendancy from a church seen as loyal to the defeated Jacobites and to foreign powers. Its second section states that if an Irish Catholic priest is converted to the established Church of Ireland, he will receive a £20 stipend, levied on the residents of the area where he had last practised. Unregistered clergy are to depart Ireland before July 20, 1704, and any remaining after June 24, 1705, are to be deported. Any that returned are to be punished as under the Banishment Act of 1697 (as high treason). These are sought out by freelance “priest hunters.”

A 1704 act (4 Anne c.2) amends the Registration Act, Banishment Act and Popery Act to close a loophole whereby they had not applied to priests ordained after the original act first came into force. The 1704 act, originally set to expire after the 1708–1709 session of Parliament, is made permanent in that session. The Roman Catholic Relief Act 1782 provides that these acts’ provisions cannot apply to a priest who has registered and taken an oath of allegiance. Daniel O’Connell drafts a comprehensive Catholic emancipation bill in the 1820s which would have repealed all these acts; in the event the Roman Catholic Relief Act 1829 is more limited, and the acts are not formally repealed until the Statute Law Revision (Ireland) Act 1878 is passed on August 13, 1878.


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The Constitution of Ireland Comes Into Force

constitution-of-ireland-1937

The Constitution of Ireland, the second constitution of the Irish state since independence, comes into force on December 29, 1937, following a statewide plebiscite held on July 1, 1937, replacing the 1922 Constitution of the Irish Free State. It asserts the national sovereignty of the Irish people. The constitution falls broadly within the tradition of liberal democracy, being based on a system of representative democracy. It guarantees certain fundamental rights, along with a popularly elected non-executive president, a bicameral parliament based on the Westminster system, a separation of powers and judicial review. The Constitution may be amended solely by a national referendum.

The Constitution of Ireland replaces the Constitution of the Irish Free State which had been in effect since the independence, as a dominion, of the Irish state from the United Kingdom on December 6, 1922. There are two main motivations for replacing the constitution in 1937. Firstly, the Statute of Westminster 1931 grants parliamentary autonomy to the six British Dominions (now known as Commonwealth realms) within a British Commonwealth of Nations. This has the effect of making the dominions sovereign nations in their own right. The Irish Free State constitution of 1922 is, in the eyes of many, associated with the controversial Anglo-Irish Treaty. The anti-treaty faction, who oppose the treaty initially by force of arms, is so opposed to the institutions of the new Irish Free State that it initially takes an abstentionist line toward them, boycotting them altogether. However, the largest element of this faction becomes convinced that abstentionism cannot be maintained forever. This element, led by Éamon de Valera, forms the Fianna Fáil party in 1926, which enters into government following the 1932 Irish general election.

After 1932, under the provisions of the Statute of Westminster, some of the articles of the original Constitution which were required by the Anglo-Irish Treaty are dismantled by acts of the Oireachtas of the Irish Free State. Such amendments remove references to the Oath of Allegiance, appeals to the United Kingdom’s Judicial Committee of the Privy Council, the British Crown and the Governor-General of the Irish Free State. The sudden abdication of Edward VIII in December 1936 is quickly used to redefine the Royal connection. Nevertheless, the Fianna Fáil government still desires to replace the constitutional document they see as having been imposed by the British government in 1922.

The second motive for replacing the original constitution is primarily symbolic. De Valera wants to put an Irish stamp on the institutions of government and chooses to do this in particular through the use of Irish Gaelic nomenclature.

The text of the draft constitution, with minor amendments, is approved on June 14, 1937, by Dáil Éireann, then the sole house of parliament as the Seanad had been abolished the previous year.

The draft constitution is then put to a plebiscite on July 1, 1937, the same day as the 1937 Irish general election, when it is passed by a plurality of 56% of the voters, comprising 38.6% of the whole electorate. The constitution formally comes into force on December 29, 1937.

Among the groups who oppose the constitution are supporters of Fine Gael and the Labour Party, Unionists, and some independents and feminists. The Seal of the President of Ireland is also adopted in the same year. Ireland does not become a republic until 1948.

(Pictured: Headline from The New York Times, May 1, 1937)