seamus dubhghaill

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

Patrick Darcy Delivers His “Argument”

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dublin-castlePatrick Darcy, a prominent constitutional lawyer who wrote the constitution of Confederate Ireland, delivers his famous Argument during a conference on June 9, 1641.

During a conference held in the dining room of Dublin Castle, Darcy delivers his Argument. Published in 1643 and reprinted in 1764, it is the first forceful and detailed statement of the rule of law in Ireland, articulating an effective constitutional position for her as England‘s colonial country. He is quoted arguing to William Molyneux that “no parliament but an Irish one can properly legislate for Ireland,” which is the central summation of his work.

In 1961, the American constitutional expert C.H. McIlwain says in compliment of Darcy’s Argument that it “constitute the first definite statement of the central point of the American opposition more than a century later. Patrick Darcy deserves a place in American constitutional history.”

The format of the 142-page Argument comprises a series of legal questions on the powers of the Parliament of Ireland in 1640–41. It refers to and suggests the extent by which the parliament’s general self-governing powers are superior to all ad-hoc (and possible illegal, unlawful or illicit) decisions by judges and royal officials in the Kingdom of Ireland. The relevant text nearest to the subject of Irish self-government is at page 130:

“Whither the Subjects of this kingdome bee a free people, and to be governed onely by the Common-lawes of England, and statutes of force in this kingdome. The subjects of this his Majesties kingdome of Ireland, are a free people, and to be governed onely according to the Common-law of England, and Statutes made & established by Parliament in this kingdome of Ireland, and according to the lawfull customes used in the same.”

(Pictured: Dublin Castle)

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