Contesting and upholding the rights of the Irish Parliament in 1698: the arguments of William Molyneux and Simon Clement

Abstract

SUMMARYThis paper explores the constitutional relationship between England and Ireland at the end of the seventeenth century with a focus on the contemporary debate around the prerogative of the Irish legislature. It examines and contrasts the arguments developed in the pamphlets of William Molyneux of Dublin (1656–98), representing the ruling Irish Protestant nation, and of English Whig Simon Clement (1654?–1730?), asserting the rights of the English empire. Molyneux's The Case of Ireland's being bound by Acts of Parliament in England, Stated (Dublin, 1698) and Clement's An answer to Mr. Molyneux his case of Ireland's being bound by Acts of Parliament in England, stated: and his dangerous notion of Ireland's being under no subordination to the parliamentary authority of England refuted by reasoning from his own arguments and authorities (London, 1698) are compared and analysed in the context of renewed tensions around the woollen trade. These pamphlets highlight the nature, and the perceived nature, of the constitutional relationship between the two polities in the aftermath of the ‘Glorious Revolution’ of 1688. The main discussion was whether Ireland was a colony of England or an independent kingdom, and how its nature affected the relationship between both legislatures. Molyneux argued that Ireland, although sharing a monarch with England, was an independent kingdom. To Molyneux, Ireland's independence, as a kingdom, signified the independence of its legislature and the unconstitutionality of the English Parliament's claim to legislate for Ireland. Clement refuted Molyneux's assertions point by point, contending that Ireland was part and parcel of an empire. In Clement's opinion, Ireland's subjection to England meant that the English Parliament had a legitimate right to legislate for Ireland.