James Godfrey MacManaway
Encyclopedia
James Godfrey MacManaway, MBE
(22 April 1898 – 3 November 1951) was a British Unionist
politician and Church of Ireland
cleric, notable for being disqualified as a Member of Parliament
, owing to his status as a priest.
, Belfast
, and Trinity College, Dublin
.
He served in the Royal Flying Corps
during the First World War, having enlisted at the age of 17. In 1925 MacManaway was ordained as a priest
of the Church of Ireland
by the Bishop of Armagh
. He married Catherine Anne Swetenham Trench, née Lecky, in 1926. He was Rector
of Christ Church, Derry
from 1930 to 1947. He served as Chaplain
to Forces during the Second World War. In 1945 he was awarded an MBE.
, as Unionist
member for the City of Londonderry
. He then set his sights on Westminster
, although, as a man of the cloth, there was some doubt as to his eligibility, owing to various historical statutes debarring clergymen of both the Established Church and the Roman Catholic Church
from sitting as MPs in the British House of Commons
.
MacManaway sought legal advice from the Attorney General for Northern Ireland
, Edmund Warnock. Warnock advised him that since the Church of Ireland had been disestablished in 1869, the statutory bars would not apply to MacManaway.
MacManaway was selected by the Unionist party to contest Belfast West
in the 1950 General Election
. As a precaution, he resigned from his offices in the Church of Ireland. He won the election, defeating the sitting Irish Labour Party
MP Jack Beattie
by 3,378 votes. Among the activists working on this campaign was a young Ian Paisley
.
, James Chuter Ede
instead referred the matter to the Judicial Committee of the Privy Council
.
Their judgement, in essence, identified a lacuna in the existing legislation, which would disqualify the Reverend MacManaway. While the Irish Church Act 1869 did disestablish the Church of Ireland, since there was no express provision in that Act permitting its clergymen to sit as MPs, the unfortunate MacManaway would still be subject to the strictures of the The House of Commons (Clergy Disqualification) Act 1801, which debarred any person 'ordained to the office of priest or deacon' from sitting or voting in the House of Commons.
Modern scholars have questioned the rationale of this decision, but, nonetheless, the House of Commons resolved on 19 October 1950 that MacManaway was disqualified from sitting. The House did, however, indemnify him from the £500-a-time fines that he had incurred for voting in parliamentary divisions while ineligible. MacManaway had voted on five occasions.
MacManaway bitterly protested at what he perceived as an unjust anachronism bringing his career to an abrupt end, but did not contest the ensuing by-election
, which was held for the Unionists by Thomas Teevan. His House of Commons career had lasted all of 238 days.
and died soon after, in November 1951, as the result of a fall. He was 53.
denominations, the Committee recommended no specific change to the law.
There the matter lay for almost 50 years, until David Cairns
was selected to fight the safe Labour
seat of Greenock and Inverclyde
. Cairns was a former Roman Catholic priest, and a re-run of the MacManaway imbroglio loomed. The Labour government introduced a bill removing almost all restrictions on clergy of whatever denomination from sitting in the House of Commons. The only exception would be Church of England
Bishops, because of their reserved status as members of the House of Lords
. The bill came into law as the House of Commons (Removal of Clergy Disqualification) Act 2001
in time for David Cairns to take his seat in the Commons.
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
(22 April 1898 – 3 November 1951) was a British Unionist
Ulster Unionist Party
The Ulster Unionist Party – sometimes referred to as the Official Unionist Party or, in a historic sense, simply the Unionist Party – is the more moderate of the two main unionist political parties in Northern Ireland...
politician and Church of Ireland
Church of Ireland
The Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
cleric, notable for being disqualified as a Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
, owing to his status as a priest.
Early life
James Godfrey MacManaway was born in 1898, the son of the Rt. Rev. James MacManaway, Church of Ireland Bishop of Clogher. He was educated at Campbell CollegeCampbell College
Campbell College is a Voluntary Grammar school in Belfast, Northern Ireland. The College educates boys from ages 11–18. It is one of the eight Northern Irish schools represented on the Headmasters' and Headmistresses' Conference and is a member of the Independent Schools Council.The school occupies...
, Belfast
Belfast
Belfast is the capital of and largest city in Northern Ireland. By population, it is the 14th biggest city in the United Kingdom and second biggest on the island of Ireland . It is the seat of the devolved government and legislative Northern Ireland Assembly...
, and Trinity College, Dublin
Trinity College, Dublin
Trinity College, Dublin , formally known as the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, was founded in 1592 by letters patent from Queen Elizabeth I as the "mother of a university", Extracts from Letters Patent of Elizabeth I, 1592: "...we...found and...
.
He served in the Royal Flying Corps
Royal Flying Corps
The Royal Flying Corps was the over-land air arm of the British military during most of the First World War. During the early part of the war, the RFC's responsibilities were centred on support of the British Army, via artillery co-operation and photographic reconnaissance...
during the First World War, having enlisted at the age of 17. In 1925 MacManaway was ordained as a priest
Priest
A priest is a person authorized to perform the sacred rites of a religion, especially as a mediatory agent between humans and deities. They also have the authority or power to administer religious rites; in particular, rites of sacrifice to, and propitiation of, a deity or deities...
of the Church of Ireland
Church of Ireland
The Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
by the Bishop of Armagh
Archbishop of Armagh (Church of Ireland)
The Anglican Archbishop of Armagh is the ecclesiastical head of the Church of Ireland, the metropolitan of the Province of Armagh and the diocesan bishop of the Diocese of Armagh....
. He married Catherine Anne Swetenham Trench, née Lecky, in 1926. He was Rector
Rector
The word rector has a number of different meanings; it is widely used to refer to an academic, religious or political administrator...
of Christ Church, Derry
Derry
Derry or Londonderry is the second-biggest city in Northern Ireland and the fourth-biggest city on the island of Ireland. The name Derry is an anglicisation of the Irish name Doire or Doire Cholmcille meaning "oak-wood of Colmcille"...
from 1930 to 1947. He served as Chaplain
Chaplain
Traditionally, a chaplain is a minister in a specialized setting such as a priest, pastor, rabbi, or imam or lay representative of a religion attached to a secular institution such as a hospital, prison, military unit, police department, university, or private chapel...
to Forces during the Second World War. In 1945 he was awarded an MBE.
Political career
In June 1947 MacManaway was elected to the Parliament of Northern IrelandParliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...
, as Unionist
Ulster Unionist Party
The Ulster Unionist Party – sometimes referred to as the Official Unionist Party or, in a historic sense, simply the Unionist Party – is the more moderate of the two main unionist political parties in Northern Ireland...
member for the City of Londonderry
City of Londonderry (Northern Ireland Parliament constituency)
The City of Londonderry parliamentary constituency was a single member constituency in the Parliament of Northern Ireland. It was created in 1929, as one of the five single member constituencies replacing the former five member Londonderry constituency....
. He then set his sights on Westminster
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, although, as a man of the cloth, there was some doubt as to his eligibility, owing to various historical statutes debarring clergymen of both the Established Church and the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
from sitting as MPs in the British House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
.
MacManaway sought legal advice from the Attorney General for Northern Ireland
Attorney General for Northern Ireland
The Attorney General for Northern Ireland is the chief legal adviser to the Northern Ireland Executive for both civil and criminal matters that fall within the devolved powers of the Northern Ireland Assembly....
, Edmund Warnock. Warnock advised him that since the Church of Ireland had been disestablished in 1869, the statutory bars would not apply to MacManaway.
MacManaway was selected by the Unionist party to contest Belfast West
Belfast West (UK Parliament constituency)
Belfast West is a parliamentary constituency in the House of Commons of the United Kingdom.-Boundaries:The seat was restored in 1922 when as part of the establishment of the devolved Stormont Parliament for Northern Ireland, the number of MPs in the Westminster Parliament was drastically cut...
in the 1950 General Election
United Kingdom general election, 1950
The 1950 United Kingdom general election was the first general election ever after a full term of a Labour government. Despite polling over one and a half million votes more than the Conservatives, the election, held on 23 February 1950 resulted in Labour receiving a slim majority of just five...
. As a precaution, he resigned from his offices in the Church of Ireland. He won the election, defeating the sitting Irish Labour Party
Labour Party (Ireland)
The Labour Party is a social-democratic political party in the Republic of Ireland. The Labour Party was founded in 1912 in Clonmel, County Tipperary, by James Connolly, James Larkin and William X. O'Brien as the political wing of the Irish Trade Union Congress. Unlike the other main Irish...
MP Jack Beattie
Jack Beattie
Jack Beattie was a politician from Northern Ireland.He was a teacher by profession. He joined the Northern Ireland Labour Party . In 1925, he became a Member of the Northern Ireland House of Commons for Belfast East. He represented Belfast Pottinger from 1929...
by 3,378 votes. Among the activists working on this campaign was a young Ian Paisley
Ian Paisley
Ian Richard Kyle Paisley, Baron Bannside, PC is a politician and church minister in Northern Ireland. As the leader of the Democratic Unionist Party , he and Sinn Féin's Martin McGuinness were elected First Minister and deputy First Minister respectively on 8 May 2007.In addition to co-founding...
.
Political career terminated
As the first priest to take his seat in the House of Commons for 150 years, MacManaway was put under scrutiny by a Select Committee of the House. They were unable to come to firm conclusions, and with some disquiet, recommended urgent legislation to clarify the law. The Home SecretaryHome Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, James Chuter Ede
James Chuter Ede
James Chuter Ede, Baron Chuter-Ede CH, PC, DL was a British teacher, trade unionist and Labour politician. He notably served as Home Secretary under Clement Attlee from 1945 to 1951.-Early life:...
instead referred the matter to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
.
Their judgement, in essence, identified a lacuna in the existing legislation, which would disqualify the Reverend MacManaway. While the Irish Church Act 1869 did disestablish the Church of Ireland, since there was no express provision in that Act permitting its clergymen to sit as MPs, the unfortunate MacManaway would still be subject to the strictures of the The House of Commons (Clergy Disqualification) Act 1801, which debarred any person 'ordained to the office of priest or deacon' from sitting or voting in the House of Commons.
Modern scholars have questioned the rationale of this decision, but, nonetheless, the House of Commons resolved on 19 October 1950 that MacManaway was disqualified from sitting. The House did, however, indemnify him from the £500-a-time fines that he had incurred for voting in parliamentary divisions while ineligible. MacManaway had voted on five occasions.
MacManaway bitterly protested at what he perceived as an unjust anachronism bringing his career to an abrupt end, but did not contest the ensuing by-election
Belfast West by-election, 1950
There was a by-election for Belfast West constituency on 29 November 1950.It occurred after the winner at the 1950 UK general election, James Godfrey MacManaway, was disqualified as he was a priest....
, which was held for the Unionists by Thomas Teevan. His House of Commons career had lasted all of 238 days.
Death
Shortly after his leaving the Commons, MacManaway's wife died in January 1951. He resigned his seat at StormontParliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...
and died soon after, in November 1951, as the result of a fall. He was 53.
Subsequent change in the Law
In the aftermath of the MacManaway case, in 1951 another Select Committee examined the possibility of a change in the law. However, while acknowledging the anomalous and anachronistic nature of the ancient legislation, and taking soundings from various ChristianChristian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
denominations, the Committee recommended no specific change to the law.
There the matter lay for almost 50 years, until David Cairns
David Cairns (politician)
John David Cairns was a Scottish Labour Party politician, who was a Member of Parliament from 2001 until his death. He represented the constituency of Inverclyde. He was the Minister of State at the Scotland Office until he resigned on 16 September 2008...
was selected to fight the safe Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
seat of Greenock and Inverclyde
Greenock and Inverclyde (UK Parliament constituency)
Greenock and Inverclyde was a burgh constituency represented in the House of Commons of the Parliament of the United Kingdom from 1997 until 2005, when was replaced by the Inverclyde constituency...
. Cairns was a former Roman Catholic priest, and a re-run of the MacManaway imbroglio loomed. The Labour government introduced a bill removing almost all restrictions on clergy of whatever denomination from sitting in the House of Commons. The only exception would be Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
Bishops, because of their reserved status as members of the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. The bill came into law as the House of Commons (Removal of Clergy Disqualification) Act 2001
House of Commons (Removal of Clergy Disqualification) Act 2001
The House of Commons Act 2001 is an Act of the Parliament of the United Kingdom. The purpose of the Act was to remove the disqualifications for clergy in standing for election as Members of Parliament and sitting in the House of Commons. The Act also allowed clergy to sit in other elected bodies...
in time for David Cairns to take his seat in the Commons.
Sources
- Who's Who of British MPs: Volume IV, 1945-1979 by Michael Stenton and Stephen Lees (Harvester, Brighton, 1979); ISBN 0-85527-335-6
External links
- £500 a Day, contemporary article in Time magazine dated 30 October 1950, outlining the case.
- House of Commons (Removal of Clergy Disqualification) Bill, UK Parliament research paper exploring the legal issues of the case.