Patrick D'Arcy
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Patrick D'Arcy (1598–1668) was an Irish Catholic Confederate and lawyer who wrote the constitution of
Confederate Ireland Confederate Ireland, also referred to as the Irish Catholic Confederation, was a period of Irish Catholic Church, Catholic self-government between 1642 and 1652, during the Irish Confederate Wars, Eleven Years' War. Formed by Catholic aristoc ...
.


Background

Born in
County Galway County Galway ( ; ) is a Counties of Ireland, county in Republic of Ireland, Ireland. It is in the Northern and Western Region, taking up the south of the Provinces of Ireland, province of Connacht. The county population was 276,451 at the 20 ...
, Ireland, D'Arcy was the youngest son of James Riabhach D'Arcy by his second marriage, to Elizabeth Martyn. James Riabhach was formerly vice-president of Connacht, and
Mayor of Galway The office of Mayor of Galway is an honorific title used by the of Galway City Council. The council has jurisdiction throughout its administrative area of the city of Galway which is the largest city in the province of Connacht, in Ireland. Th ...
upon his death in June 1603. By his first marriage, he fathered Nicholas, Martin, James, Anthony and Anastasia. With Elizabeth, he sired Andrew and Patrick. Elizabeth Martyn was a granddaughter of William Óge Martyn, and an aunt of Richard Martyn, who would later become Patrick's brother-in-law and law partner. The 17th-century historian Dubhaltach MacFhirbhisigh states that one of D'Arcy's ancestors, Walter Riabhach Ó Dorchaidhe (fl. c. 1488), was "the first man of the Uí Dorchaidhe who came to Galway, according to the Galweigians themselves". Ó Dorchaidhe was said to be a member of a lowly family descended from the Partraige Cera of
Lough Carra Lough Carra () is a marl lake''Lough Carra''
descriptive document, '' ...
, in what is now
County Mayo County Mayo (; ) is a Counties of Ireland, county in Republic of Ireland, Ireland. In the West Region, Ireland, West of Ireland, in the Provinces of Ireland, province of Connacht, it is named after the village of Mayo, County Mayo, Mayo, now ge ...
. The only record of the Partraige in Gaelic sources is a brief note stating that the Uí Dorchaidhe was chieftain of the Partraige, while their king was the Ó Goirmiallaigh.


Early life and career

D'Arcy is believed to have been first educated in one of the schools operating in the town in the early 17th century, but he was not admitted into the
King's Inns The Honorable Society of King's Inns () 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 environments. The Benchers of King's Inns aw ...
in Dublin, so he had studied in London, being admitted as a student of the
Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court entitled to Call to the bar, call their members to the English Bar as barristers, the others being the Inner Temple (with whi ...
, London, on 21 July 1617. D'Arcy appears to have spent fully five years at the Temple, and began working about 1622. He was engaged by Richard Burke, 4th
Earl of Clanricarde Earl of Clanricarde ( ; ) is a title that has been created twice in the Peerage of Ireland, first in 1543 and again in 1800. The former creation became extinct in 1916 while the 1800 creation is extant and held by the Marquess of Sligo since 19 ...
, who was the most powerful landowner in
Connacht Connacht or Connaught ( ; or ), is the smallest of the four provinces of Ireland, situated in the west of Ireland. Until the ninth century it consisted of several independent major Gaelic kingdoms (Uí Fiachrach, Uí Briúin, Uí Maine, C ...
. D'Arcy's stepfather, Sir Henry Lynch, 1st Baronet, was Burke's business agent. D'Arcy is said to have become active on the Connacht circuit about 1627, having joined the King's Inn in June 1628. This coincided with the proclamation on 26 June permitting lawyers to practise at the bar by taking the
Oath of Allegiance An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to a monarch or a country. In modern republics, oaths are sworn to the country in general, or to the country's constitution. For ...
instead of the
Oath of Supremacy The Oath of Supremacy required any person taking public or church office in the Kingdom of England, or in its subordinate Kingdom of Ireland, to swear allegiance to the monarch as Supreme Governor of the Church. Failure to do so was to be trea ...
. As the latter had been inimical to Catholics such as D'Arcy, the proclamation now enabled them to practise freely. As Charles I was constantly short of money, he needed to find new sources of income. One was to allow the richer Irish Catholics to pay for legal equality, known as "The Graces". Another proposal was to sell land in Ireland to English subjects by checking and sometimes rejecting existing legal titles to land. This led to D'Arcy's involvement in politics, as he, Clanricarde, Richard Martyn and their generation tried to solve "a more complex political" problem. Writing in 1984, Liam O'Malley put it as follows:
How could the
Old English Old English ( or , or ), or Anglo-Saxon, is the earliest recorded form of the English language, spoken in England and southern and eastern Scotland in the Early Middle Ages. It developed from the languages brought to Great Britain by Anglo-S ...
Catholics create a political structure in which they could have sufficient influence to safeguard their interests in the face of a Dublin administration appointed by a Protestant, and often hostile, English government? ... They felt constantly threatened by an intolerant Protestant administration and a hostile Established Church. Their position was being gradually undermined by
confiscation Confiscation (from the Latin ''confiscatio'' "to consign to the ''fiscus'', i.e. transfer to the treasury") is a legal form of search and seizure, seizure by a government or other public authority. The word is also used, popularly, of Tampering w ...
of Irish lands and the steady build-up on the Protestant population of English and Scottish settlers ... Darcy had to cope with these difficulties in the course of his political career.
By using their influence both in Dublin and London, led by the Earl of Clanricarde, the landowners of Connacht did what they could to prevent confiscation. Lord Deputy
Thomas Wentworth, 1st Earl of Strafford Thomas Wentworth, 1st Earl of Strafford (13 April 1593 (New Style, N.S.)12 May 1641), was an English people, English statesman and a major figure in the period leading up to the English Civil War. He served in Parliament of England, Parliament ...
called for a parliament to meet at Dublin in July 1634; D'Arcy having already been returned as member of parliament for
Navan Navan ( ; , meaning "the Cave") is the county town and largest town of County Meath, Republic of Ireland, Ireland. It is at the confluence of the River Boyne and Leinster Blackwater, Blackwater, around 50 km northwest of Dublin. At the ...
, Richard Martyn for
Athenry Athenry (; ) is a town in County Galway, Ireland, which lies east of Galway city. Some of the attractions of the medieval town are its town wall, Athenry Castle, its priory and its 13th-century street-plan. The town is also well known by virt ...
. Others in attendance included Sir Henry Lynch and Dominick Browne, along with other Galwegians. However, Wentworth ensured that a Protestant-majority jury was returned, and from there cleared the ground for the confiscations to take place. By June 1635 preparations were in earnest, and inquisitions were to be held in Boyle, Mayo,
Sligo Sligo ( ; , meaning 'abounding in shells') is a coastal seaport and the county town of County Sligo, Ireland, within the western province of Connacht. With a population of 20,608 in 2022, it is the county's largest urban centre (constituting 2 ...
and
Portumna Portumna (- meaning 'the landing place of the oak') is a market town in the south-east of County Galway, Ireland, on the border with and linked by a Portumna bridge, bridge to County Tipperary. The town is located to the west of the point where ...
for juries to find the King's Title to the lands concerned and thus give a legal fiction to the proceedings. However, the jury of Galway found against the King, leading them to be imprisoned and D'Arcy to be fined 1,000 pounds. To combat this, D'Arcy, Martyn, and Sir Roger O'Shaughnessy travelled to London to present a petition on behalf of the Connacht landowners at court. As Wentworth considered the refusal of the Galway jury had put the entire plantation scheme in jeopardy, he did much to frustrate their efforts. Ultimately, all three returned to Ireland by May 1635, their mission a failure. Along with the Galway jury, they were tried, censured 400 livres each, and convicted. D'Arcy and Martyn refused to take the Oath of Supremacy and were instantly disbarred. D'Arcy's brother, Sheriff Martin D'Arcy, had been the head of the jury, and died in prison in June after ill-treatment. The jury submitted in December 1636. Yet Connacht plantation did not go ahead. Wentworth over-reached himself, and English political issues led to him being recalled in 1639. D'Arcy was again elected to the
Irish House of Commons The Irish House of Commons was the lower house of the Parliament of Ireland that existed from 1297 until the end of 1800. The upper house was the Irish House of Lords, House of Lords. The membership of the House of Commons was directly elected, ...
in 1641 and it was there that his reputation reached another level.


D'Arcy's ''Argument''

During a conference held in the dining room of Dublin Castle on 9 June 1641, D'Arcy delivered his famous ''Argument''. Published in 1643 and reprinted in 1764, it was 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 was followed by
William Molyneux William Molyneux Fellow of the Royal Society, FRS (; 17 April 1656 – 11 October 1698) was an Anglo-Irish writer on science, politics and natural philosopher, natural philosophy. He is noted as a close friend of fellow philosopher John Lock ...
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 said of ''Argument'' that it,
''"constitutes 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 The Parliament of Ireland () was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until the end of 1800. It was modelled on the Parliament of England and from 1537 comprised two chambers: the Irish Hou ...
in 1640–41. It refers to and suggests the extent to which the parliament's general self-governing powers are superior to all ad-hoc (and possible illegal, unlawful or illicit) arbitrary decisions by judges and royal officials in the
Kingdom of Ireland The Kingdom of Ireland (; , ) was a dependent territory of Kingdom of England, England and then of Kingdom of Great Britain, Great Britain from 1542 to the end of 1800. It was ruled by the monarchs of England and then List of British monarchs ...
. The relevant text nearest to the subject of Irish self-government is on page 130:
Whither .e. whetherthe 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 one∣ly 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.


D'Arcy and Confederate Ireland 1642–1649

The outbreak of the
Irish Rebellion of 1641 The Irish Rebellion of 1641 was an uprising in Kingdom of Ireland, Ireland, initiated on 23 October 1641 by Catholic gentry and military officers. Their demands included an end to anti-Catholic discrimination, greater Irish self-governance, and ...
put the
Old English Old English ( or , or ), or Anglo-Saxon, is the earliest recorded form of the English language, spoken in England and southern and eastern Scotland in the Early Middle Ages. It developed from the languages brought to Great Britain by Anglo-S ...
into alliance with the Gaelic Irish. Returning to
Galway Galway ( ; , ) is a City status in Ireland, city in (and the county town of) County Galway. It lies on the River Corrib between Lough Corrib and Galway Bay. It is the most populous settlement in the province of Connacht, the List of settleme ...
in February 1642, D'Arcy and Martyn seem to have tried at first to work out a common policy that would not lead them into outright rebellion. But events soon took a course of their own leaving D'Arcy and his friends no option but to lead the townspeople instead of letting chaos loose. Matters were not helped by the commander of Forthill, overlooking the town, constantly harassing the neighbourhood. D'Arcy and Martyn set up and led a Council of Eight which dealt with any and all emergency matters, including procuring arms and ammunition for defence. Dominick Kirwin led a force which captured a British naval vessel for just that purpose in March and thus placing Galway on the path to rebellion. D'Arcy attended a General Assembly of the Irish Catholic Confederation at
Kilkenny Kilkenny ( , meaning 'church of Cainnech of Aghaboe, Cainnech'). is a city in County Kilkenny, Republic of Ireland, Ireland. It is located in the South-East Region, Ireland, South-East Region and in the Provinces of Ireland, province of Leinst ...
in October 1642. He was instrumental in drawing up their constitution, described as "Orders to be observed as the model of their government".Orders made and established by the lords [...
at Kilkenny [...">..">Orders made and established by the lords [...
at Kilkenny [...24th October 1642 Along with his nephew, Geoffrey Browne, was one of the twelve members of the Supreme Council. Liam O'Malley says of them:
The confederate movement was essentially a conservative one, aimed at defending Catholic interests and anxious from the beginning to make a settlement which would protect their interests. Their aim from the beginning, therefore, was not to win a war but to secure a just peace. Most of them were loyal to the king, and the primary objective of the Supreme Council was to negotiate a settlement with Charles I. ... Sadly, however, the civil war, bigotry and fear made a just peace almost impossible.
With the arrival of Oliver Cromwell in 1649, the cause began to crumble, ending with the surrender of Galway in 1652.


Later life

Named as a person liable to death and confiscation, December 1653 saw D'Arcy jailed in the Marshalsea, Dublin. Attempts were made to try him for murders committed during the war, but he was eventually released. His lands were confiscated and he was no longer able to practise law as he was a Catholic. With the Restoration in 1660, however, he was able to resume work, though without his lands being restored. Shortly after The Restoration, an issue of precedence arose between two of the High Court judges, Sir Jerome Alexander and Sir
William Aston Sir William John Aston, Order of St Michael and St George, KCMG (19 September 1916 – 21 May 1997) was an Australian politician. Born in Sydney, he attended state schools before becoming an accountant and company director. He served in World W ...
. Aston's anonymous and acrimonious statement on the rights of the matter drew the challenge of a
duel A duel is an arranged engagement in combat between two people with matched weapons. During the 17th and 18th centuries (and earlier), duels were mostly single combats fought with swords (the rapier and later the small sword), but beginning in ...
from D'Arcy. Aston responded by refusing the challenge and apparently trying to prosecute D'Arcy. D'Arcy then swore he would horsewhip Aston should they ever meet in public. D'Arcy died in Dublin in 1668, and was buried in Kilconnell Abbey. His tomb bears the
epitaph An epitaph (; ) is a short text honoring a deceased person. Strictly speaking, it refers to text that is inscribed on a tombstone or plaque, but it may also be used in a figurative sense. Some epitaphs are specified by the person themselves be ...
''HIC MISERA PATRIA SOLA COLUMNA JACET'' (''"Here, wretched country, lies your sole support"'').


Personal life

In 1628, D'Arcy married Mary French, one of the four daughters and co-heiress of Sir Peter French. She was previously married to Peter Blake of Ardfry. Two of her sisters married D'Arcy's Lynch half-brothers, while a fourth, Magdalene, married D'Arcy's first cousin, Richard Martyn. He had a son, James, who went into exile in 1650. James D'Arcy eventually inherited property via his cousins at Kiltullagh,
Athenry Athenry (; ) is a town in County Galway, Ireland, which lies east of Galway city. Some of the attractions of the medieval town are its town wall, Athenry Castle, its priory and its 13th-century street-plan. The town is also well known by virt ...
. James's descendants included Count Patrick d'Arcy and John D'Arcy, founder of
Clifden Clifden () is a coastal town in County Galway, Ireland, in the region of Connemara, located on the Owenglin River where it flows into Clifden Bay. As the largest town in the region, it is often referred to as "the Capital of Connemara". Frequen ...
.


References


Notes


Sources

* ** ''A disclaimer orrigenda to Martin J. Blake's D'Arcy pedigree in No. i–ii', Relph Snyed Smith, volume 10, Journal of the G.A.H.S., no.iii-iv, 1917–1918. ** ''corrigendum to D'Arcy pedigree in No. i–ii'', Martin J. Blake, as above. * * * * * * * * * * {{DEFAULTSORT:Darcy, Patrick 1598 births 1668 deaths Irish writers Irish Roman Catholic Confederates Lawyers from County Galway People of the Irish Confederate Wars Members of the Parliament of Ireland (pre-1801) for County Meath constituencies Irish duellists 17th-century Irish lawyers Irish legal scholars Irish political writers Irish MPs 1639–1649