The Books That Define Ireland. Tom Garvin. Читать онлайн. Newlib. NEWLIB.NET

Автор: Tom Garvin
Издательство: Ingram
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Жанр произведения: Историческая литература
Год издания: 0
isbn: 9781908928672
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pp.10–11.

      3

      William Molyneux, The Case of Ireland’s being bound by Acts of Parliament in England, Stated (1698)

      Molyneux was a natural philosopher who engaged in scientific experimentation and contributed to philosophical debates. In 1683, at the age of twenty-five, he became a founding member of the Dublin Philosophical Society, established upon the empirical principles of the Royal Society. His studies of optics were highly regarded by Robert Boyle amongst others. By profession he was a lawyer and a surveyor but he had also inherited estates in Armagh, Limerick and Kildare. He held a number of posts on government commissions. Before the war between William of Orange and King James II he was the surveyor-general of fortifications and buildings and was responsible for the design of Dublin Castle. During the war he fled with his family to Chester in England and returned to Dublin after the Battle of the Boyne. Many other Protestant Irish with the means to do so did likewise.

      Molyneux’s aim in charting this constitutional history was to build a case for Irish parliamentary autonomy. He drew upon the Lockean principle of rule by consent as well as upon precedent. That Ireland should be bound by Acts of Parliament made in England, was against reason and the common rights of all mankind:

      All Men are by Nature in a State of Equality, in respect of Jurisdiction or Dominion. This I take to be a Principle in itself so evident, that it stands in need of little Proof. It is not to be conceived, that Creatures of the same Species and Rank, promiscuously born to all the same Advantages of Nature, and the Use of the same Faculties, should be subordinate and subject one to another; these to this or that of the same Kind. On this Equality in Nature is founded that Right which all Men claim of being free from all Subjection to positive Laws, until by their own Consent they give up their Freedom, by entering into civil Societies for the common Benefit of all the Members thereof. And on this Consent depends the Obligation of all human Laws; insomuch that without it, by the unanimous Opinion of all Jurists, no Sanctions are of any Force.

      Molyneux’s innovation was to extend the principle of rule by consent to nations, a term he used repeatedly in cases where Locke had referred only to individual men. He argued that the principle of consent was breached when laws made in the English Parliament were applied to Ireland. This went against the Common Laws of England that were in force in both England and Ireland. The Irish were not represented in the English parliament but had its laws applied to them.

      Even though Locke eventually came to be canonised as the great Whig theorist of the 1688 Glorious Revolution, only a handful of English acquaintances or correspondents are known to have mentioned the Two Treatises with Locke’s approval. Thanks to Molyneux he gained public identification as a major political authority in Ireland before he did so in England even though he was intellectually influential amongst the emerging Whigs during his own lifetime. By the mid-eighteenth century The Two Treatises loomed large in Whig histories of the Glorious Revolution; notably in the writings of David Hume. By the end of the eighteenth century Locke emerged as the most frequently cited authority in Irish pamphlet literature generated by the debate preceding the Act of Union. These took from Locke what Molyneux did, refutations of the notion that claims based on conquest conveyed power over the descendants of the conquered and assertions of the principle of rule by consent.

      Following the original 1698 edition The Case of Ireland was reprinted in 1706, 1719, 1720 and 1725. After a twenty-four year gap it was again republished in 1749. A further four editions were published between 1770 and 1782. The foreword to the 1770 edition explained that The Case of Ireland was first published at a time when William of Orange had rescued Irish