PRECEDENT of a Member refusing to take the Oath of Supremacy.
Daniel O’Connell, Esq., professing the Roman Catholic religion, returned Knight of the Shire for the County of Clare, being introduced in the usual manner, for the purpose of taking his seat, produced at the table a certificate of his having been sworn before two of the deputies appointed by the Lord Steward, whereupon the clerk tendered to him the Oaths of Allegiance, Supremacy, and Abjuration; upon which Mr. O’Connell stated, that he was ready to take the Oaths of Allegiance and Abjuration, but that he could not take the Oath of Supremacy, and claimed the privilege of being allowed to take the Oath set forth in the Act passed in the present Session of Parliament “for the Relief of his Majesty’s Roman Catholic Subjects;” whereupon the Clerk having stated the matter to Mr. Speaker, Mr. Speaker informed Mr. O’Connell that, according to his interpretation of the law, it was incumbent on Mr. O’Connell to take the Oaths of Allegiance, Supremacy, and Abjuration, and that the provisions of the new Act applied only to Members returned after the commencement of the said Act, except in so far as regarded the repeal of the Declaration against transubstantiation; and that Mr. O’Connell must withdraw unless he were prepared to take the Oaths of Allegiance, Supremacy, and Abjuration.
Whereupon Mr. O’Connell withdrew.
Motion, That Mr. O’Connell be called back and heard at the table. Debate arising.
A Member stated that he was requested by Mr. O’Connell to desire that he might be heard.
Debate adjourned.
Resolved, That Mr. O’Connell, the Member for Clare, be heard at the Bar, by himself, his counsel or agents, in respect of his claim to sit and vote in Parliament without taking the Oath of Supremacy.
Mr. O’Connell was called in, and heard accordingly: And being withdrawn;
Resolved, That it is the opinion of this House, that Mr. O’Connell having been returned a Member of this House before the commencement of the Act passed in this Session of Parliament “for the Relief of his Majesty’s Roman Catholic Subjects,” is not entitled to sit or vote in this House unless he first take the Oath of Supremacy.