Editing Oath of Allegiance (Ireland)

{{Short description|1921 provision in the Anglo-Irish Treaty}}
{{Use Hiberno-English|date=July 2022}}
{{Use dmy dates|date=January 2015}}
[[File:Deputy Thomas Johnson Signature in the 3rd Dáil Roll Book.jpg|thumb|upright=1.5|[[Thomas Johnson (Irish politician)|Thomas Johnson]]'s signed written version of the Oath of Allegiance from 1922]]
The Irish '''Oath of Allegiance''' ({{Langx|ga|Mionn Dílse}}<ref>[http://www.acts.ie/framed/1924.act.038.00.frameset.html No 38 of 1924] {{Webarchive|url=https://web.archive.org/web/20170414081958/http://www.acts.ie/framed/1924.act.038.00.frameset.html |date=14 April 2017 }}</ref>) was a controversial provision in the [[Anglo-Irish Treaty]] of 1921, which Irish [[Teachta Dála|TDs]] (members of the [[Lower House]] of the [[Oireachtas of the Irish Free State|Irish Parliament]]) and Senators were required to swear before taking their seats in [[Dáil Éireann]] (Chamber of Deputies) and [[Seanad Éireann (Irish Free State)|Seanad Éireann]] (Irish Senate) before the [[Constitution (Removal of Oath) Act 1933]] was passed on 3 May 1933.<ref name=RemovalAct1933>{{cite web|url=http://www.irishstatutebook.ie/eli/1933/act/6/enacted/en/print|title=CONSTITUTION (REMOVAL OF OATH) ACT 1933|date=3 May 1933|access-date=16 January 2007|archive-date=13 March 2016|archive-url=https://web.archive.org/web/20160313123248/http://www.irishstatutebook.ie/eli/1933/act/6/enacted/en/print|url-status=live}}</ref> The controversy surrounding the Oath was one of the principal issues that led to the [[Irish Civil War]] of 1922–23 between supporters and opponents of the [[Anglo-Irish Treaty|Treaty]].

==Text of the Oath==

The Oath was included in Article 17 of the [[Irish Free State]]'s [[Constitution of the Irish Free State|1922 Constitution]]. It read:

{{quote|I (name) do solemnly swear true faith and allegiance to the Constitution of the Irish Free State as by law established, and that I will be faithful to H.M. King George V, his heirs and successors by law in virtue of the common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of Nations.}}<ref>[https://www.irishstatutebook.ie/eli/1922/act/1/enacted/en/print Constitution of the Irish Free State (Saorstát Eireann) Act, 1922]</ref>

The words "allegiance to the Constitution of the Irish Free State" were taken from De Valera's preferred version, which read: "I (name) do solemnly swear true faith and allegiance to the constitution of the Irish Free State, to the Treaty of Association, and to recognise the King of Great Britain as Head of Associated States."<ref>Coogan, Tim Pat.  ''Michael Collins: The Man Who Made Ireland'', p. 267.  (Boulder: Roberts Rinehart Publishers, 1996).</ref>

The Oath had to be taken in front of the [[Governor-General of the Irish Free State]] or some other person authorised by him.

==Reaction==

The oath was largely the work of [[Michael Collins (Irish leader)|Michael Collins]], based in its open lines on a draft oath suggested by the [[President of Dáil Éireann|President of the Republic]], [[Éamon de Valera]], and also on the oath of the [[Irish Republican Brotherhood]]. In fact, Collins cleared the oath with the IRB ''before'' proposing it during the treaty negotiations.<ref>Coogan, ''Michael Collins'', p. 234</ref> By the standards of the oaths of allegiance to be found in other British Commonwealth [[Dominion]]s, it was quite mild, with no ''direct'' personal Oath to the monarch, only an indirect oath of fidelity by virtue of the King's role in the treaty settlement as "King in Ireland", a figurehead position. The public perception among those who were hostile to the treaty was that it was an offensive oath due to its inclusion of the British monarch.<ref>Coogan, ''Michael Collins'', pp. 234–276.</ref> In their view:

* The oath was an acceptance of a common citizenship between Ireland and Britain under King George and therefore was in total contravention to the oath to the Irish Republic which they had previously taken.<ref name=DEDebate1921>Dáil Éireann – Volume 3–19 December 1921 debate on treaty {{cite web|url=http://historical-debates.oireachtas.ie/D/DT/D.T.192112190002.html |title=Dáil Éireann - Volume 3 - 19 December, 1921 - DEBATE ON TREATY |access-date=4 March 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110721130127/http://historical-debates.oireachtas.ie/D/DT/D.T.192112190002.html |archive-date=21 July 2011 }}</ref>
* They rebutted the argument that it was simply an oath to the constitution by pointing out that the constitution itself made the King head of state and it was therefore the same as an oath of allegiance to him directly.<ref name=DEDebate1921 />
* They felt that the people had voted for a party which claimed it would fight for a full Republic and they could not accept something lesser without a fresh mandate from the people.<ref name=DEDebate1921 />

In contrast to this Pro-treaty campaigners declared that:

* The Oath of Allegiance was actually "true faith and allegiance to the Constitution of the Irish Free State" (a line drafted by de Valera in his own proposed oath). The reference to the King involved a promise of ''fidelity'', not an Oath of ''Allegiance''.
* The fidelity to the King was not to him as ''British'' monarch but "in virtue of the common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of nations", in other words, in his role as the ''symbol'' of the Treaty settlement, ''not'' as British ''King''.

The Collins 22 Society later said of the anti-treaty position, the idea that the oath "was a direct oath to the Crown [was] a fact demonstrably incorrect by an examination of its wording. But in 1922 Ireland and beyond, it was the perception, not the reality, which influenced public debate on the issue."<ref>{{cite web| url=http://www.generalmichaelcollins.com/life-times/saorstat-eireann/| title=The Irish Free State (1922-1937) Saorstát Éireann| publisher=Collins 22 Society| access-date=3 January 2015| archive-date=3 January 2015| archive-url=https://web.archive.org/web/20150103195808/http://www.generalmichaelcollins.com/life-times/saorstat-eireann/| url-status=live}}</ref>

As the Oath was effectively to the elected government in the Irish Free State, it was also described as the "Crown in Ireland". Opposition to this was based on the fact that it was not fully discussed and explained before the [[Anglo-Irish Treaty]] was signed in December 1921, and that many of the members of the second [[Dáil Éireann]], elected without opposition in May 1921, had already sworn an Oath to uphold an [[Irish Republic]].

==De Valera and abolition==

When de Valera founded [[Fianna Fáil]] as the Republican Party in 1926, he and his party, though agreeing to contest elections, refused to take the Oath. However, the assassination of the [[Vice-President of the Executive Council of the Irish Free State|Vice-President of the Executive Council]], [[Kevin O'Higgins]], led the [[Cumann na nGaedheal]] government under [[W. T. Cosgrave]] to introduce a law requiring all Dáil ''candidates'' to pledge that they would take the oath, otherwise they could not contest the election. In these circumstances, de Valera took the Oath, declaring that he was simply signing a piece of paper to be admitted to the Dáil. In May 1933, de Valera amended the [[Constitution of the Irish Free State|Free State's constitution]] [at the time, amendable by simple majority in the Dáil], firstly to allow him to introduce any constitutional amendments irrespective of whether they clashed with the Anglo-Irish Treaty, then amended the constitution to remove Article 17 of the constitution which required the taking of the Oath.<ref name=RemovalAct1933 /> [[Robert Rowlette]], who was elected in October 1933, was the first TD who did not have to take the Oath.<ref name=dib>{{cite web|url=https://www.dib.ie/biography/rowlette-robert-james-a7825|title=Rowlette, Robert James|work=[[Dictionary of Irish Biography]]|last=Long|first=Patrick|access-date=12 October 2022}}</ref>

==Historical oaths of allegiance==

An oath of allegiance to the English crown was required by the [[Acts of Supremacy#Irish Act of Supremacy, 1537|Irish Act of Supremacy]] since the time of King [[Henry VIII of England|Henry VIII]] (1537). This oath was extended under King [[William III of England|William and Mary]] to peers, members of the House of Commons, bishops, barristers and attorneys. Under [[Anne, Queen of Great Britain|Queen Anne]] holders of many civil and Military offices were required to take oaths of allegiance, supremacy, and abjuration, to attend an Anglican [[Church of Ireland]] eucharist service and to declare against the [[Roman Catholic]] beliefs in [[transubstantiation]].<ref>{{Cite web |url=http://www.libraryindex.com/encyclopedia/pages/cpxl7n6rwj/test-acts-office-england.html#ixzz1QrK7MTYY |title=Ireland -Test Acts – Office, England, Church, and Persons |access-date=1 July 2011 |archive-date=3 October 2011 |archive-url=https://web.archive.org/web/20111003150852/http://www.libraryindex.com/encyclopedia/pages/cpxl7n6rwj/test-acts-office-england.html#ixzz1QrK7MTYY |url-status=live }}</ref> These oaths were gradually changed over the years.{{clarify|date=September 2019}}

Under British rule, an oath of allegiance to the King was required for (prospective) [[barrister]]s in Ireland who were [[Call to the bar|called to the Bar]].{{citation needed|date=September 2019}} This excluded from the Bar a number of Nationalists who were not prepared to swear such an oath. For Catholics, the wording of this and other oaths required by the British administration proved difficult since they were denouncing the Pope.{{citation needed|date=September 2019}}

===Relief Act 1782===

Following the Relief Act 1782, which gave Catholic schools a legal footing, teachers were required to take an oath of allegiance to the British Crown.<ref name=1793-Act /> The oath was of a similar wording to that which was used by Catholics who served in the British military since 1774, previous oaths contained a profession of fidelity to the British Crown with a rejection of Papal authority.{{clarify|reason=Is this saying that the 'renounce the pope' clause was deleted?|date=September 2019}}

===Trinity College Dublin===

The [[Roman Catholic Relief Act 1793]] enacted by the [[Parliament of Ireland|Irish Parliament]]  (which followed the British [[Roman Catholic Relief Act 1791]]), allowed Catholics to take degrees at [[Trinity College Dublin]],<ref name=1793-Act>{{Cite web |url=http://members.pcug.org.au/~ppmay/acts/relief_act_1793.htm |title=AN ACT FOR THE FURTHER RELIEF OF HIS MAJESTY'S SUBJECTS OF THIS KINGDOM PROFESSING THE POPISH RELIGION |access-date=29 June 2011 |archive-date=6 April 2020 |archive-url=https://web.archive.org/web/20200406190505/http://members.pcug.org.au/%7Eppmay/acts/relief_act_1793.htm |url-status=live }}</ref> by taking an oath of allegiance to the King but not supremacy which would negate their Catholic faith. It also affected Non-conformists who refused to accept the authority of the Crown and Anglican church.

===Maynooth College===

On the foundation in 1795 of [[St Patrick's College, Maynooth#Oath of Allegiance|St Patrick's College, Maynooth]] trustees, students and staff were required to swear an oath of allegiance to the King of Great Britain,<ref>[http://www.newadvent.org/cathen/10087b.htm Maynooth College] {{Webarchive|url=https://web.archive.org/web/20110616062405/http://www.newadvent.org/cathen/10087b.htm |date=16 June 2011 }} New Advent.</ref> since the college was in receipt of funding from the British Government. As a result, a number of clerics chose to study for the priesthood elsewhere. The Oath was compulsory until 1862 although it was common for students to ignore the oath by non-attendance at the ceremony.{{citation needed|date=September 2019}}

===Confederate Oath of 1642===

The [[Confederate Oath of Association]] was an oath of loyalty to [[Charles I of England]], made at a time when the jurors were mostly engaged in a war with the royal "English Army for Ireland".

===City corporations===

There was an oath of allegiance required by members of the city corporations; this was an oath to the English monarch and accepted its supremacy.{{citation needed|date=September 2019}}

===United Kingdom House of Commons===

The Oath of Allegiance was a barrier to Catholics in Ireland sitting in the [[House of Commons of the United Kingdom]] following the [[Acts of Union 1800]]. In 1828, following his victory in the election in County Clare, [[Daniel O'Connell]] refused to take the Oath of Allegiance to the British Crown. Following the passage of the [[Roman Catholic Relief Act 1829]], O'Connell took his seat in 1830 and was the first Irish Catholic to do so since 1689.

{{as of|2025}}, this oath of allegiance remains required before elected members of the House of Commons may take their seats and is one of the reasons for the [[abstentionism|abstentionist]] policy of [[Sinn Féin]] and other Nationalists in [[Northern Ireland]].{{citation needed|date=September 2019}}

==See also==

*[[Oath of allegiance]]
*[[Pledge of Allegiance (United States)]]

==References==

{{reflist|colwidth=30em}}

==Further reading==

*Tim Pat Coogan, ''Michael Collins'' (Hutchinson, 1990)

{{Irish Free State}}

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[[Category:History of the British Empire]]
[[Category:History of the Commonwealth of Nations]]
[[Category:Ireland and the Commonwealth of Nations]]
[[Category:Monarchy in the Irish Free State]]
[[Category:Oaths of allegiance|Ireland]]
[[Category:1921 establishments in Ireland]]
[[Category:1933 disestablishments in Ireland]]