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


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Patrick Darcy Delivers His “Argument”

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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The Battle of Kilrush

james-butler-earl-of-ormondeThe Battle of Kilrush, a battle at the start of the Irish Confederate Wars in Ireland, takes place on April 15, 1642, soon after the Irish Rebellion of 1641.

The battle is fought between a Royalist army under the James Butler, 12th Earl of Ormonde, and Richard Butler, 3rd Viscount Mountgarret, who leads Confederate Irish troops raised during the Irish Rebellion of 1641. Ormonde and Mountgarret are cousins, both being members of the Butler dynasty.

Ormonde’s troops leave Dublin on April 2 and march unopposed from Naas to Athy and on to Maryborough, now Portlaoise, arriving on April 8. There they resupply the royalist garrisons and send cavalry forces to support those at Carlow and Birr, before returning to Athy on April 13. Setting out at 6:00 AM on April 15, and having decided to avoid a battle on their return march to Dublin, the government troops are blocked by Mountgarret’s rebel militias at Kilrush, two miles south of Suncroft, between Kilcullen and Moone in southeastern County Kildare.

The land is remarkably flat, with the exception of two ridges that run nearly parallel northward from a castle, with a marsh lying between. The army of Ormonde, consisting of 2,500 foot soldiers and 500 horses, assembles on the high grounds of Ardscull, Fontstown, and Kilrush, while the rebel army under Mountgarret, consisting of 8,000 foot soldiers and 400 horses, proceeds in the same direction along the heights of Birtown, Ballyndrum, Glasshealy, and Narraghmore. Mountgarret, having the advantage in numbers, and anxious for battle, outmarches Ormonde’s forces, and posts himself on Bull Hill and Kilrush, completely intercepting Ormonde’s further progress to Dublin. A general engagement becomes unavoidable. The left wing of the Irish is broken by the first charge. The right wing, animated by their leaders, maintains the contest for some time, but eventually falls back to neighbouring Battlemount. Here they break, flee and are pursued with great slaughter across the grounds they had marched over the previous day. Ormonde’s army then marches on to Dublin, arriving on April 17.

Ormonde’s army suffers twenty fatalities and approximately forty wounded in the Battle of Kilrush. Mountgarret’s rebel army loses more than 700, among which are several colonels. The victory is considered of such consequence that Ormonde is presented with a jewel valued at £50 by the Irish Government.

(Pictured: Sir Peter Lely’s oil painting of James Butler, 12th Earl of Ormonde)