seamus dubhghaill

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


Leave a comment

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)

Advertisements


Leave a comment

Bank of Ireland Suspends Gold Payments

godley-bank-note-1834The Bank of Ireland suspends gold payments on February 26, 1797. In the late 18th century, cash is king, whether it be gold or silver. If one has no gold or silver, one has no goods, unless one is a member of the 10,000 or so landed aristocratic families who are allowed to run up debts.

At the end of the 18th century Britain is at war with France. The British government requires gold above all to conduct its war with Napoleon. There is not enough to go around. There is not enough gold in the vaults of the Bank of England to adequately fund the war, much less for sending any of it to Ireland. Therefore, in 1797 the Bank of Ireland is obliged to stop issuing gold that it does not have and rather rely on well established banknotes to keep money in circulation. A few weeks later the stance taken by the Bank is approved of by Irish legislators in the Irish Parliament.

The withdrawal of gold and the increased issuing of notes leads to the establishment of a number of private banks in Ireland who are allowed to issue their own notes. In 1799 there are eleven private banks. By 1803, this number has increased to forty-one. Many of these banks subsequently fail and destroy the lives of their customers. The partners who run these financial institutions are identified on the banknotes they issue. Therefore their clients can see the names, but not the addresses, of the men who have financially destroyed them when they fall into liquidation.


Leave a comment

Death of Maurice FitzThomas FitzGerald, 1st Earl of Desmond

fitzgerald-coat-of-armsMaurice FitzThomas FitzGerald, 1st Earl of Desmond, Irish nobleman in the Peerage of Ireland, Captain of Desmond Castle in Kinsale, so-called ruler of Munster, and for a short time Lord Justice of Ireland, dies at Dublin Castle on January 25, 1356.

FitzGerald is the second son of Thomas FitzMaurice FitzGerald, 2nd Baron Desmond by his wife Margaret. His father dies in 1296 when he is still a child. He succeeds his elder brother Thomas FitzGerald, 3rd Baron Desmond as 4th Baron Desmond in 1307, and also inherits great wealth and large estates.

By 1326 FitzGerald’s influence is such that there are rumours of a conspiracy to make him King of Ireland. Modern historians tend to dismiss the story, on the ground that the alleged conspirators were other magnates who were more interested in increasing their own power than aggrandising FitzGerald.

FitzGerald is created Earl of Desmond by Letters Patent dated at Gloucester, England, August 27, 1329, by which patent also the county palatine of Kerry is confirmed to him and his heirs male, to hold of the Crown by the service of one knight’s fee. This is part of a Crown policy of attempting to win the support of the magnates by conferring earldoms on them.

In January 1330 FitzGerald is summoned by Sir John Darcy, Lord Justice of Ireland, to fight armed Irish rebels, with a promise of the King’s pay. It is FitzGerald who introduces the practice of Coigne and Livery, the quartering of troops on the inhabitants of the district they are sent to protect.

Accepting the King’s proposal, in addition to dealing with Munster and Leinster, FitzGerald routs the O’Nolans and O’Murroughs and burns their lands in County Wicklow and forces them to give hostages. He recovers the castle of Ley from the O’Dempsies, and has a liberate of £100 sterling dated at Drogheda August 24, 1335, in return for the expense he has incurred in bringing his men-at-arms, hobelars, and foot-soldiers, from various parts of Munster to Drogheda, and there, with Lord Justice Darcy, disperses the King’s enemies.

In 1331 there are further rumours of an attempt to make him King. Although there seems to be no foundation for them, the Crown takes them seriously enough to imprison FitzGerald for several months. He is released when a number of fellow nobles stand surety for his good behaviour.

In 1339 FitzGerald is engaged against Irish rebels in County Kerry where it is said he slays 1,400 men, and takes Nicholas, Lord of Kerry, prisoner, keeping him confined until he dies as punishment for siding with the rebels against the Crown.

The same year FitzGerald is present in the parliament held in Dublin. He is summoned by Writ dated at Westminster July 10, 1344, with Maurice, Earl of Kildare, and others, to attend the King at Portsmouth “on the octaves of the nativity of the Virgin Mary,” with twenty men-at-arms and fifty hobelars, at his own expense, to assist in the war against Philip V of France.

FitzGerald, who has long been acting “with a certain disregard for the niceties of the law” now decides on open rebellion. In 1345 he presides at an assembly of Anglo-Irish magnates at Callan, County Kilkenny, ignores a summons to attend the Irish Parliament and attacks Nenagh. He is a formidable opponent, and for the next two years his defeat is the main preoccupation of the Crown. He surrenders on a promise that his life will be spared. He is imprisoned and his lands forfeited. He is allowed to go under guard to England to answer the charges against him.

By no means for the last time, the Crown evidently decides that it can not govern Ireland without the magnates’ support. In 1348 FitzGerald is released, and pardoned in 1349. His loyalty does not seem to have been in question during the last years of his life.

In July 1355 FitzGerald is appointed Lord Justice of Ireland for life, dying, however, the following January in Dublin Castle. He is interred in the Church of the Friars-Preachers in Tralee.


Leave a comment

Alan Brodrick Appointed Lord Chief Justice of the Court of Queen’s Bench

alan-brodrickAlan Brodrick, 1st Viscount Midleton, a leading Anglo-Irish lawyer and politician of the early eighteenth century, is appointed Lord Chief Justice of the Court of Queen’s Bench on December 24, 1709. He is a man of great gifts, but so hot-tempered and passionate that even Jonathan Swift is said to have been afraid of him.

Brodrick is the second son of Sir St. John Brodrick of Ballyannan, near Midleton in County Cork, by his wife Alice, daughter of Laurence Clayton of Mallow, County Cork. His father receives large land grants during The Protectorate, and thus the family has much to lose if the land issue in Ireland is settled to the satisfaction of dispossessed Roman Catholics. He is educated at Magdalen College, Oxford and the Middle Temple, being called to the English bar in 1678. He and his relatives flee Ireland during the Glorious Revolution. They are attainted under the rule of King James II in Ireland. In exile in England, Brodrick argues for a speedy reconquest.

In 1690 Brodrick returns to Dublin and is given the legal office of Third Serjeant. He also becomes Recorder of Cork. He is dismissed as Serjeant in 1692, apparently on the ground that there is no work for him to do. While complaining bitterly about his dismissal, he admits privately that his post has been a superfluous one.

As a prominent Whig supporter of the outcome of the Glorious Revolution he is not always in agreement with court policies in Ireland, which he considers too lenient on the Jacobites. The dismissal of the First Serjeant, John Osborne, at the same time as Brodrick is due to his even stronger opposition to Court policy. Despite this he often holds Irish government offices and aspires to manage the Irish Parliament for English ministers. He represents Cork City in the Irish Parliament, which meets in 1692 and holds this seat until 1710. He is a vocal opponent of court policies, until the new Whig Lord Deputy of Ireland, Lord Henry Capell, decides to appoint him Solicitor-General for Ireland in 1695. He promotes penal laws against Catholics, whilst also supporting greater powers for the Irish Parliament.

Brodrick is Speaker of the Irish House of Commons from September 21, 1703. After promoting resolutions critical of the Lord Lieutenant of Ireland he loses his post as Solicitor-General in 1704. From 1707 until 1709 he is Attorney-General for Ireland. He becomes Chief Justice of Ireland in 1710 and is replaced as Speaker on May 19, 1710, but again holds the office in the next Parliament (November 25, 1713 – August 1, 1714), where he also represents Cork County. He is appointed Lord Chancellor of Ireland in 1714 and is ennobled in the Peerage of Ireland in 1715, as the 1st Baron Brodrick. He is advanced to the rank of 1st Viscount Midleton in 1717.

Brodrick feuds with his successor as Speaker William Conolly, as they are rivals to be the leading figure in Irish politics. Despite intrigues in England, he loses out and resigns as Lord Chancellor in 1725. He leaves behind him a legacy of bitterness and ill-will for which he is not really responsible as the Irish peers choose to blame him for the loss of their powers under the Sixth of George I, rather than their own misjudgment in imprisoning the Barons of the Exchequer.


Leave a comment

Birth of Thomas Davis, Founder of Young Ireland Movement

Thomas Osborne Davis, Irish writer and the chief organiser and poet laureate of the Young Ireland movement, is born in Mallow, County Cork, on October 14, 1814.

Davis is the son of a Welsh father, a surgeon in the Royal Artillery, and an Irish mother. Through his mother he is descended from the Gaelic noble family of O’Sullivan Beare. His father dies one month after his birth and his mother moves to Warrington Place near Mount Street bridge in Dublin. In 1830, they move to 67 Lower Baggot Street. He attends school in Lower Mount Street before studying at Trinity College, Dublin. He graduates in Law and received an Arts degree in 1836, before being called to the Irish Bar in 1838.

Davis gives a voice to the 19th-century foundational culture of modern Irish nationalism. Formerly it is based on the republicans of the 1790s and on the Catholic emancipation movement of Daniel O’Connell in the 1820s-30s, which has little in common with each other except for independence from Britain. Davis aims to create a common and more inclusive base for the future. He establishes The Nation newspaper with Charles Gavan Duffy and John Blake Dillon.

He writes some stirring nationalistic ballads, originally contributed to The Nation and afterwards republished as Spirit of the Nation, as well as a memoir of Curran, the Irish lawyer and orator, prefixed to an edition of his speeches, and a history of King James II‘s parliament of 1689. He has formed many literary plans which are unfinished at the time of his early death.

Davis supports O’Connell’s Repeal Association from 1840, hoping to recreate the old Parliament of Ireland. They split during a debate on the proposed new Queen’s University of Ireland, when Davis is reduced to tears by O’Connell’s superior debating skill. Davis is in favour of a university that would inclusively educate all Irish students. O’Connell and the Catholic hierarchy prefer a separate system for Catholic students within Ireland that would remain under church control.

O’Connell generally refers to his inexperienced allies as “Young Ireland,” initially as a dismissive term, that from the 1870s becomes the accepted term for nationalists inspired by Davis. He also prefers a federal arrangement with Britain in the 1840s while Davis seeks a greater degree of autonomy. Both agree that a gradual and non-violent process is the best way forward. Despite their differences, O’Connell is distraught at Davis’s early death.

Davis is a Protestant, but preaches unity between Catholics and Protestants. To him, it is not blood that makes a person Irish, but the willingness to be part of the Irish nation. He is to the fore of Irish nationalist thinking and it has been noted by later nationalist notables, such as Patrick Pearse, that while Theobald Wolfe Tone laid out the basic premise that Ireland as a nation must be free, Davis is the one who built this idea up promoting the Irish identity.

He is the author of influential songs such as The West’s Awake, A Nation Once Again and In Bodenstown Churchyard. He also writes The Lament for Owen Roe O’Neill.

Thomas Davis dies from scarlet fever on September 16, 1845, at the age of thirty. He is buried in Mount Jerome Cemetery, Dublin.


Leave a comment

Benjamin Franklin Begins Visit to Ireland

Benjamin Franklin, one of the Founding Fathers of the United States and a signatory of the United States Declaration of Independence, commences a visit to Ireland on September 5, 1771 where he later reports he has “a good deal of Conversation with the Patriots; they are all on the American side of the Question.”

At the time Franklin is based in London attempting to negotiate on behalf of the American Colonies. Franklin details his views of Dublin and Ireland in a letter to Thomas Cushing, a lawyer and statesman from Boston, Massachusetts. Franklin has a keen interest in Irish affairs, writing in a letter two years prior to visiting the country that “all Ireland is strongly in favour of the American cause. They have reason to sympathise with us.”

As Franklin tours Ireland in 1771 and is astounded and moved by the level of poverty he sees there. Ireland is under the trade regulations and laws of England, which affect the Irish economy, and Franklin fears that America will suffer the same plight if Britain’s exploitation of the colonies continues. During his visit, Franklin also attends two sessions of Irish Parliament as an observer.

Franklin is struck by the contrast between the grandeur of Dublin city itself and the intense poverty of those beyond its core.

Franklin writes to a friend, “The people in that unhappy country, are in a most wretched situation. Ireland is itself a poor country, and Dublin a magnificent city; but the appearances of general extreme poverty among the lower people are amazing. They live in wretched hovels of mud and straw, are clothed in rags, and subsist chiefly on potatoes. Our New England farmers, of the poorest sort, in regard to the enjoyment of all the comforts of life, are princes when compared to them. Perhaps three-fourths of the Inhabitants are in this situation.”

In 1977, the United States Ambassador to Ireland Walter J.P. Curley presents a bust of Benjamin Franklin to the Bank of Ireland to commemorate the visit. Speaking at the unveiling of the bust, the Ambassador notes that  Franklin’s friendship for Ireland was no fleeting whim. He had said “You have ever been friendly to the rights of mankind and we acknowledge with pleasure and gratitude that your nation has produced patriots who have nobly distinguished themselves in the cause of humanity and America.”


Leave a comment

Birth of Charles Boyle, 4th Earl of Orrery

Charles Boyle, 4th Earl of Orrery, English nobleman, statesman and patron of the sciences, is born in Little Chelsea, London on July 28, 1674.

Boyle is the second son of Roger Boyle, 2nd Earl of Orrery, and his wife Lady Mary Sackville, daughter of Richard Sackville, 5th Earl of Dorset. He is educated at Christ Church, Oxford, and soon distinguishes himself by his learning and abilities. Like the first earl, he is an author, soldier and statesman. He translates Plutarch‘s life of Lysander, and publishes an edition of the epistles of Phalaris, which engages him in the famous controversy with Richard Bentley. He is a member of the Parliament of Ireland and sits for the Charleville constituency between 1695 and 1699. He is three times member for the town of Huntingdon and, upon the death of his brother, Lionel, 3rd earl, in 1703, he succeeds to the title.

Boyle enters the army, and in 1709 is raised to the rank of major-general and sworn one of Her Majesty’s Privy Council. He is appointed to the Order of the Thistle and appointed queen’s envoy to the states of Brabant and Flanders. Having discharged this trust with ability, he is created an English peer, as Baron Boyle of Marston, in Somerset. He inherits the estate in 1714.

Boyle becomes a Fellow of the Royal Society in 1706. In 1713, under the patronage of Boyle, clockmaker George Graham creates the first mechanical solar system model that can demonstrate proportional motion of the planets around the Sun. The device is named the orrery in the Earl’s honour.

Boyle receives several additional honours in the reign of George I but, having had the misfortune to fall under the suspicion of the government for playing a part in the Jacobite Atterbury Plot, he is committed to the Tower of London in 1722, where he remains six months, and is then admitted to bail. On a subsequent inquiry he is discharged.

Boyle writes a comedy, As you find it, printed in 1703 and later publishes together with the plays of the first earl. In 1728, he is listed as one of the subscribers to the Cyclopaedia of Ephraim Chambers.

Charles Boyle dies at his home in Westminster on August 28, 1731 and is buried in Westminster Abbey. He bequeaths his personal library and collection of scientific instruments to Christ Church Library. The instruments are now on display in the Museum of the History of Science, Oxford.

Boyle’s son John, the 5th Earl of Orrery, succeeds to the earldom of Cork on the failure of the elder branch of the Boyle family, as earl of Cork and Orrery.