William Domville (or Domvile) (1609–1689) was a leading Irish politician,
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
and Constitutional writer of the
Restoration
Restoration is the act of restoring something to its original state and may refer to:
* Conservation and restoration of cultural heritage
** Audio restoration
** Film restoration
** Image restoration
** Textile restoration
* Restoration ecology
...
era. Due to the great trust which the
English Crown
This list of kings and reigning queens of the Kingdom of England begins with Alfred the Great, who initially ruled Wessex, one of the seven Anglo-Saxon kingdoms which later made up modern England. Alfred styled himself King of the Anglo-Sax ...
had in him, he served as
Attorney General for Ireland throughout the reign of
Charles II (1660-1685) and also served briefly in the following reign. It was during his term of office that the Attorney General emerged as the pre-eminent legal adviser to the Crown in Ireland.
While Domville was undoubtedly a loyal subject of the English Crown, in his unpublished treatise, ''"A Disquisition Touching that Great Question Whether an Act of Parliament made in England shall bind the People and Kingdom of Ireland"'' (1660), he argued for the right of the
Irish Parliament to act independently and free from interference by the English Parliament.
Although the work was not published in his lifetime, his son-in-law
William Molyneux drew on it for his own highly controversial treatise "The Case of Ireland's being bound by Acts of Parliament in England, Stated", and it is thought to have had considerable influence on later writers including
Jonathan Swift
Jonathan Swift (30 November 1667 – 19 October 1745) was an Anglo-Irish Satire, satirist, author, essayist, political pamphleteer (first for the Whig (British political party), Whigs, then for the Tories (British political party), Tories), poe ...
.
Background
He was born in
Dublin
Dublin (; , or ) is the capital and largest city of Republic of Ireland, Ireland. On a bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, bordered on the south by the Dublin Mountains, a part of th ...
to an ancient
Cheshire
Cheshire ( ) is a ceremonial and historic county in North West England, bordered by Wales to the west, Merseyside and Greater Manchester to the north, Derbyshire to the east, and Staffordshire and Shropshire to the south. Cheshire's county t ...
family. His father Gilbert (1583–1637), son of William Domville of Lyme and Mary Mere, had moved to Ireland where he became
Clerk of the Crown and Hanaper
The Clerk of the Crown and Hanaper was a civil servant within the Irish Chancery in the Dublin Castle administration. His duties corresponded to the offices of Clerk of the Crown and Clerk of the Hanaper in the English Chancery. Latterly, the o ...
, and, after an unsuccessful attempt to get a seat in 1613, sat in the
Irish House of Commons as member for
Donegal Borough in the
Irish Parliament of 1634. William's mother was Margaret Jones (died 1615), daughter of
Thomas Jones,
Archbishop of Dublin
The Archbishop of Dublin is an archepiscopal title which takes its name after Dublin, Ireland. Since the Reformation, there have been parallel apostolic successions to the title: one in the Catholic Church and the other in the Church of Irelan ...
, and his wife Margaret Purdon. William has three sisters, one of whom, Margaret, was the mother of
Anthony Dopping
Anthony Dopping (born Dublin, 28 March 1643 – 25 April 1697) was the Anglican Bishop of Meath, Ireland.
He was born in Dublin, the son of Anthony Dopping, Clerk of the Privy Council of Ireland, who originally came from Frampton in Gloucesters ...
,
Bishop of Meath
The Bishop of Meath is an episcopal title which takes its name after the ancient Kingdom of Meath. In the Roman Catholic Church it remains as a separate title, but in the Church of Ireland it has been united with another bishopric.
History
Unti ...
. He was educated at
St Albans School, Hertfordshire
St Albans School is a public school (English independent school) in the city of St Albans in Hertfordshire. Pre-sixth form admission is restricted to boys, but the sixth form has been co-educational since 1991. Founded in 948 by Wulsin, S ...
and
Merton College, Oxford
Merton College (in full: The House or College of Scholars of Merton in the University of Oxford) is one of the Colleges of Oxford University, constituent colleges of the University of Oxford in England. Its foundation can be traced back to the ...
.
He entered
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...
, and became a Bencher of the Inn in 1657. He was
called to the Bar
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
in 1640, and built up a highly successful practice at the English Bar.
Career
During the
English Civil War
The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of England's governance and issues of re ...
, Domville's loyalty to the Crown was never seriously questioned. His decision to practice law in England under the regime of
Oliver Cromwell
Oliver Cromwell (25 April 15993 September 1658) was an English politician and military officer who is widely regarded as one of the most important statesmen in English history. He came to prominence during the 1639 to 1651 Wars of the Three Ki ...
was not an unusual one even for a committed Royalist, and was not held against him later, since other Royalists had also made their peace with the new regime when the King's cause seemed to be lost. He lived then at
Friern Barnet in
Middlesex. At the
Restoration of Charles II
The Restoration of the Stuart monarchy in the kingdoms of England, Scotland and Ireland took place in 1660 when King Charles II returned from exile in continental Europe. The preceding period of the Protectorate and the civil wars came to be ...
he returned to Ireland, and was
knighted
A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the Christian denomination, church or the country, especially in a military capacity. Knighthood ...
and made Attorney General, apparently on the recommendation of
Daniel O'Neill, an Irish
Groom of the Chamber
Groom of the Chamber was a position in the Household of the monarch in early modern England. Other ''Ancien Régime'' royal establishments in Europe had comparable officers, often with similar titles. In France, the Duchy of Burgundy, and in Eng ...
to Charles II who had considerable influence in the first four years of the reign. He entered the
King's Inns
The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environment ...
in 1661. He received a substantial grant of lands at
Templeogue, on the outskirts of Dublin city, which remained in the family for centuries. The value of the lands was greatly enhanced by the fact that the
River Dodder flows through them, thus giving the Domvilles partial control of the supply of Dublin's drinking water, of which the Dodder was long the principal source. Strictly speaking, they had no right to control the supply of water; this power was vested solely in
Dublin Corporation
Dublin Corporation (), known by generations of Dubliners simply as ''The Corpo'', is the former name of the city government and its administrative organisation in Dublin since the 1100s. Significantly re-structured in 1660-1661, even more sign ...
. Domville also had a townhouse in Bride Street, and was granted the estate at
Loughlinstown
Loughlinstown () is a southern Dublin suburb, located in Dún Laoghaire–Rathdown, on the N11 national road.
Loughlinstown is the location of St. Columcille's Hospital, which serves both south Dublin and Wicklow. The European Foundation for ...
which had been forfeited by the Goodman family.
He was elected to Parliament as member for
Dublin County, and was the Crown's choice as Speaker. He faced opposition from the able and ambitious
Prime Serjeant
This is a list of lawyers who held the rank of serjeant-at-law at the Irish Bar.
Origins of the office of serjeant
The first recorded serjeant was Roger Owen, who was appointed between 1261 and 1266, although the title itself was not commonly ...
, Sir
Audley Mervyn
Sir Audley Mervyn of Trillick (1603?–1675) was a lawyer and politician in seventeenth-century Ireland. He was MP for County Tyrone and Speaker of the Irish House of Commons 1661-1666., page=109, url=https://books.google.com/books?id=0I9AAAAAcAAJ ...
, who, apparently by spreading the story that Domville was sympathetic to
Roman Catholics
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, gained the support of the majority of MPs (in fact Domville was a strong Protestant, although personally tolerant enough in matters of religion). The King, who was anxious to avoid a confrontation with Parliament so early in his reign, stated that the choice should be that of the members, and Mervyn was duly elected Speaker.
Domville's struggle for precedence with Audley Mervyn
The next few years saw a struggle between Domville and Mervyn for the role of principal legal adviser to the Crown. Domville emerged as the winner: both the King and the
Lord Lieutenant of Ireland
Lord Lieutenant of Ireland (), or more formally Lieutenant General and General Governor of Ireland, was the title of the chief governor of Ireland from the Williamite Wars of 1690 until the Partition of Ireland in 1922. This spanned the Kingdo ...
,
James Butler, 1st Duke of Ormonde
Lieutenant-General James FitzThomas Butler, 1st Duke of Ormond, KG, PC (19 October 1610 – 21 July 1688), was a statesman and soldier, known as Earl of Ormond from 1634 to 1642 and Marquess of Ormond from 1642 to 1661. Following the failur ...
trusted him, whereas Mervyn had a reputation for
corruption
Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...
and his loyalty to the Crown was suspect. From about 1663 onwards Ormonde simply ignored Mervyn, and took legal advice only from Domville. This marked the effective end of the Prime Serjeant's role as chief legal adviser to the Crown and the start of the supremacy of the Irish Attorney General.
Domville personally prosecuted
Florence Newton
Florence Newton (died 1661) was an alleged Irish witch, known as the "Witch of Youghal", who died during what St John Seymour as one of the most important examples of Irish witch trials.
Witch trial
Florence Newton was described as an old beggar w ...
for
witchcraft at the
Cork city assizes in 1661, and prosecuted some of those involved in the plot by
Thomas Blood to seize
Dublin Castle
Dublin Castle ( ga, Caisleán Bhaile Átha Cliath) is a former Motte-and-bailey castle and current Irish government complex and conference centre. It was chosen for its position at the highest point of central Dublin.
Until 1922 it was the se ...
in 1663.
Domville was heavily involved in advising on the drafting of the
Act of Settlement 1662, although he argued that his proper task was to "criticise" the Bill, rather than to draft it (the present practice is that the
Attorney General of Ireland both "criticises" i.e. advises on any legal difficulties with a Bill, and also oversees the drafting, which is done by his officials). Domville admitted to finding the task one of great difficulty, yet he is said to have shown an unequalled mastery of the legal principles applicable.
Last years
On at least two occasions he refused a place on the High Court bench. It is said that he would have been willing to be
Lord Chancellor of Ireland
The Lord High Chancellor of Ireland (commonly known as Lord Chancellor of Ireland) was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801, it was also the highest political office of ...
, but he was not offered the position. After the death of Charles II, Domville was retained in office briefly by
James II James II may refer to:
* James II of Avesnes (died c. 1205), knight of the Fourth Crusade
* James II of Majorca (died 1311), Lord of Montpellier
* James II of Aragon (1267–1327), King of Sicily
* James II, Count of La Marche (1370–1438), King C ...
before being replaced by
Richard Nagle at the end of 1686. He was a staunch Protestant, though tolerant by the
standards of the time, and it has been argued that he was seen as an obstacle to the aggressively pro-Catholic policy of the new regime; on the other hand, he may have been quite happy to retire, in view of his advanced age. He died in July 1689 and was buried in
St. Patrick's Cathedral.
Political views
He was the author of an unpublished treatise written about 1660, entitled: ''A Disquisition Touching That Great Question Whether an Act of Parliament Made in England shall bind the People and Kingdom of Ireland without their Allowance and Acceptance of such Act''. Despite his unquestionable loyalty to the Crown, the views he expressed there on the separate authority of the Irish Parliament might well have been called subversive by some, at a time when the Civil War was still a fairly recent memory, and new political ideas tended to be regarded with great suspicion.
The existence of Domville's treatise does not seem to have been widely known in his own lifetime, although he did present a copy of it to the Duke of Ormonde shortly after completing it. His son-in-law William Molyneux drew on it for his own highly controversial work ''The Case of Ireland's being bound by Acts of Parliament in England, Stated'' (1698). Both men argued that while the
King of England
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiw ...
was also
King of Ireland
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king.
*In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
, the
Parliament of Ireland
The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two chamb ...
was wholly independent of the
English Parliament. These views, although they were considered radical, perhaps even seditious, at the time, (Molyneux's work was burned publicly) became widely accepted in the eighteenth century, and are said to have influenced
Jonathan Swift
Jonathan Swift (30 November 1667 – 19 October 1745) was an Anglo-Irish Satire, satirist, author, essayist, political pamphleteer (first for the Whig (British political party), Whigs, then for the Tories (British political party), Tories), poe ...
.
Family
Domville in 1637 married Bridget Lake, daughter of Sir
Thomas Lake
Sir Thomas Lake PC (1567 – 17 September 1630) was Secretary of State to James I of England. He was a Member of Parliament between 1593 and 1626.
Thomas Lake was baptised in Southampton on 11 October 1567, the son of Almeric Lake, a minor cus ...
, Secretary of State to
James I James I may refer to:
People
*James I of Aragon (1208–1276)
*James I of Sicily or James II of Aragon (1267–1327)
*James I, Count of La Marche (1319–1362), Count of Ponthieu
*James I, Count of Urgell (1321–1347)
*James I of Cyprus (1334–13 ...
, and his wife Mary Ryder. Lady Lake, an eccentric and malicious woman whose false accusations had already landed her in the
Tower of London
The Tower of London, officially His Majesty's Royal Palace and Fortress of the Tower of London, is a historic castle on the north bank of the River Thames in central London. It lies within the London Borough of Tower Hamlets, which is separa ...
, made trouble between William and his wife by insisting that he was already married. As with most of her sensational claims, usually directed at family members, this had no basis in fact. William and Bridget had four sons and three daughters. Their sons included Sir William Domville junior, member of Parliament for
Antrim, and like his grandfather Clerk of the Crown and Hanaper, and
Sir Thomas Domvile, the first of the
Domvile baronets.
[Pine, L.G. ''The New Extinct Peerage'' London 1972] The best known of their children was their daughter Lucy, a famous beauty who married the natural philosopher
William Molyneux. Tragically Lucy went blind and died young leaving one surviving child, the astronomer
Samuel Molyneux
Samuel Molyneux FRS (16 July 1689 – 13 April 1728) was an amateur astronomer and politician who sat in the British House of Commons between 1715 and 1728 and in the Irish House of Commons from 1727 to 1728. His work with James Bradley attempt ...
.
References
{{DEFAULTSORT:Domville, William
1609 births
1689 deaths
Politicians from Dublin (city)
People from Cheshire
People educated at St Albans School, Hertfordshire
Burials at St Patrick's Cathedral, Dublin
Members of Lincoln's Inn
Irish MPs 1661–1666
Members of the Parliament of Ireland (pre-1801) for County Dublin constituencies
Lawyers from Dublin (city)
Domvile family