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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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Birth of Sir Thomas Molyneux, 1st Baronet FRS

Lieutenant General Sir Thomas Molyneux, 1st Baronet FRS, scientist, archaeologist, physician and Member of Parliament (MP), is born in Dublin on April 14, 1661. Molyneux is the first to assert that the Giant’s Causeway, now a National Nature Reserve of Northern Ireland and a major tourist attraction, is a natural phenomenon. Legend has it that it is the remains of a crossing between two areas of land over an inlet of the sea that has been built by a giant.

Molyneux is the youngest son of Samuel Molyneux of Castle Dillon, County Armagh, Master Gunner of Ireland, and grandson of Daniel Molyneux, Ulster King of Arms. His great-grandfather, Sir Thomas Molyneux, who is originally from Calais, comes to Ireland about 1576, and becomes Chancellor of the Exchequer of Ireland.

Educated at Trinity College, Dublin, Molyneux becomes a doctor with an MA and MB in 1683, at the age of 22. He goes to Europe and continues his medical studies, resulting in gaining the MD degree in 1687. He is admitted a Fellow of the Royal Society on November 3, 1686.

Molyneux practises medicine in Chester sometime before 1690. He returns to Ireland after the Battle of the Boyne. He is elected a Fellow of the Irish College of Physicians 1692 under Cardinal Brandr Beekman-Ellner and becomes the first State Physician in Ireland and also Physician General to the Army in Ireland, with the rank of lieutenant general. Between 1695 and 1699, Molyneux represents Ratoath in the Irish House of Commons. He is Regius Professor of Physic at Trinity College 1717–1733 and becomes a baronet in 1730. Both he and his brother William Molyneux are philosophically minded, and are friends of John Locke.

Molyneux marries twice, first to Margaret, sister of the first Earl of Wicklow, with issue of a son and daughter. It is believed that the son dies in childhood. In 1694 he marries Catherine Howard, daughter of Ralph Howard, at that time Regius Professor of Physic at Trinity College. They have four sons and eight daughters, of whom Daniel and Capel both succeed to the baronetcy.

Thomas Molyneux dies on October 19, 1733 at the age of 72. He is believed to be buried in St. Audoen’s Church, Dublin, however there is a fine monument to him in St. Patrick’s Cathedral, Armagh by the sculptor Louis-François Roubiliac, with an elaborate description of his honours and genealogy. His portrait is in Armagh County Museum.