Sir William Davys
   HOME

TheInfoList



OR:

Sir William Davys (before 1633 – 1687) was an Irish
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
and judge who held the offices of
Recorder of Dublin The Recorder of Dublin was a judicial office holder in pre-Independence Ireland. Functions and duties of the Recorder The Recorder was the chief magistrate for Dublin, and heard a wide range of civil and criminal cases. The office existed by th ...
, Prime Serjeant and
Lord Chief Justice of Ireland The Court of King's Bench (or Court of Queen's Bench during the reign of a Queen) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The Lord Chief Justice was the most senior judge ...
. He was suspected of Roman Catholic sympathies and was threatened with removal from the bench as a result, but he succeeded in retaining office until his death, due largely to his influential family connections.


Background

He was the eldest son of Sir
Paul Davys Sir Paul Davys ( 1600–1672) was an Irish politician and civil servant, who held office as Clerk to the Privy Council of Ireland and later as Secretary of State (Ireland). He had considerable influence in public affairs, and enjoyed the close ...
(died 1672), Clerk to the
Privy Council of Ireland His or Her Majesty's Privy Council in Ireland, commonly called the Privy Council of Ireland, Irish Privy Council, or in earlier centuries the Irish Council, was the institution within the Dublin Castle administration which exercised formal executi ...
and later Principal Secretary for Ireland, by his first wife Margaret Ussher (died 1633), daughter of Arthur Ussher and Judith Newcomen, and granddaughter of Sir William Ussher of
Donnybrook Donnybrook may refer to: Places Australia * Donnybrook, Queensland, Australia * Donnybrook, Western Australia * Donnybrook, Victoria, Australia ** Donnybrook railway station, Victoria, Australia Canada * Donnybrook, Ontario, a former village in ...
. Sir John Davys was his half-brother and, like their father, John held office as Principal Secretary for Ireland. The father has been described as a remarkable man who during his long career was able to work amicably with Viceroys as different in character as
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 ...
,
Henry Cromwell Henry Cromwell (20 January 1628 – 23 March 1674) was the fourth son of Oliver Cromwell and Elizabeth Bourchier, and an important figure in the Parliamentarian regime in Ireland. Biography Early life Henry Cromwell was born at Huntingdon on ...
, and
James Butler, 1st Duke of Ormonde Lieutenant general, Lieutenant-General James FitzThomas Butler, 1st Duke of Ormond, Knight of the Garter, KG, Privy Council of England, PC (19 October 1610 – 21 July 1688), was an Anglo-Irish statesman and soldier, known as Earl of Ormond fr ...
. It was his father's long friendship with Ormonde which gave William his own start in life, since Ormonde prided himself on being loyal to his friends. William entered
Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...
in 1649, was called to the
English bar Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, both defence and prosecutio ...
in 1657, and entered
King's Inn 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 awa ...
in 1661.


Early career

William obtained a reversion of his father's office as Clerk to the Privy Council in 1660. In 1661 he was made Recorder of Dublin; in the same year he was 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, ...
as member for Dublin City. On Ormonde's formal entry into Dublin as
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 K ...
in 1662, William organised the civic reception in his honour and was
knighted A knight is a person granted an honorary title of a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity. The concept of a knighthood ...
. Ormonde always showed William great kindness, obtaining for him sinecures such as Clerk of the
Tholsel Tholsel was a name traditionally used for a local municipal and administrative building used to collect tolls and taxes and to administer trade and other documents in Irish towns and cities. It was at one stage one of the most important secular ...
and Chief Justice (or Seneschal) of the Duke's own private Court, the
Palatine A palatine or palatinus (Latin; : ''palatini''; cf. derivative spellings below) is a high-level official attached to imperial or royal courts in Europe since Roman Empire, Roman times.
Court of Tipperary. His marriage to Martha Boyle, daughter of Michael Boyle,
Archbishop of Armagh The Archbishop of Armagh is an Episcopal polity, archiepiscopal title which takes its name from the Episcopal see, see city of Armagh in Northern Ireland. Since the Reformation in Ireland, Reformation, there have been parallel apostolic success ...
and his second wife Lady Mary O'Brien in 1664 also assisted his career, as his father-in-law became
Lord Chancellor of Ireland The Lord High Chancellor of Ireland, commonly known as the Lord Chancellor of Ireland, was the highest ranking judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 until the end of 1800, it was also the hi ...
the following year. His career suffered a check when Ormonde was replaced as Lord Lieutenant by
Arthur Capell, 1st Earl of Essex Arthur Capell, 1st Earl of Essex (13 July 1683), also spelt Capel, of Cassiobury House, Watford, Hertfordshire, was an English statesman. Early life He was the son of Arthur Capell, 1st Baron Capell of Hadham (executed in 1649) by his wif ...
. Whether for supporting the wrong political faction, or because of his alleged Catholic leanings, he was suspended from office in 1672. However he was quickly restored to favour, and on his father-in-law's urging, he was made Prime Serjeant in 1675. He was recommended for a seat on the Bench in 1673, and again in 1679, but by then his career had been damaged in the turmoil caused by the
Popish Plot The Popish Plot was a fictitious conspiracy invented by Titus Oates that between 1678 and 1681 gripped the kingdoms of England and Scotland in anti-Catholic hysteria. Oates alleged that there was an extensive Catholic conspiracy to assassinat ...
.


Popish Plot

On the outbreak of the Popish Plot in the autumn of 1678, William and his brother John were both accused of
Roman Catholic The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...
sympathies and summoned to London to give an account of themselves. What basis there was for the accusation is hard to say: the son-in-law of an
Anglican Anglicanism, also known as Episcopalianism in some countries, is a Western Christianity, Western Christian tradition which developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the ...
Archbishop in the 1670s was most unlikely to be a Roman Catholic, nor could any Irish Catholic at a time of extreme anti-Catholic hysteria have hoped to retain Government office. Although William later remarried the widow of one of the premier Catholic noblemen, the 3rd
Earl of Clancarty Earl of Clancarty is a title that has been created twice in the Peerage of Ireland. History The title was created for the first time in 1658 in favour of Donough MacCarty, 2nd Viscount Muskerry, of the MacCarthy of Muskerry dynasty. He had ...
, his wife Lady Elizabeth Fitzgerald was herself described as a "fierce
Protestant Protestantism is a branch of Christianity that emphasizes Justification (theology), justification of sinners Sola fide, through faith alone, the teaching that Salvation in Christianity, salvation comes by unmerited Grace in Christianity, divin ...
isolated in a Catholic family." In the event, with his father-in-law and Ormonde vouching for his Protestantism, he was cleared of any suspicion of being a Catholic sympathiser, and allowed to return to Ireland.


Lord Chief Justice

Sir John Povey, the Lord Chief Justice of Ireland, died in 1679, and his successor Sir Robert Booth died only a year later. Despite Ormonde's influence, Davys was passed over for this crucial office the first time, presumably due to continuing doubts about his true religious beliefs, but he was able to obtain the office on the second occasion. Having now reached the pinnacle of his career, Davys seriously damaged his standing by his second marriage to the widowed Lady Clancarty, Elizabeth FitzGerald, who was the daughter of
George FitzGerald, 16th Earl of Kildare George FitzGerald, 16th Earl of Kildare (23 January 1612 – 29 May 1660) was known as the "Fairy Earl", apparently for no other reason than that his portrait, which is extant, was painted on a small scale." Biography FitzGerald was the son of T ...
and Lady Joan Boyle. Whether it was made for love or for social advancement, the marriage offended both his father-in-law Archbishop Boyle (although Elizabeth was his cousin through her mother) and the FitzGeralds, who were engaged in a lawsuit with the Ormonde family, which came before Davys as Chief Justice. The FitzGeralds accused Davys of bias, due to his close friendship with the Duke of Ormonde, and threatened to have him removed from the Bench: Davys replied that he feared to do wrong, but did not fear the consequences of doing justice. Possibly Davys was attracted by the great wealth of his teenage stepson
Donough MacCarthy, 4th Earl of Clancarty Donough MacCarthy, 4th Earl of Clancarty (1668–1734) fought for James II of England, James II in the Williamite War in Ireland at the Siege of Derry. He was attainted in 1691 after the defeat. MacCarthy went into exile to the Netherlands, wh ...
, while Donough's uncle
Justin McCarthy, Viscount Mountcashel Justin McCarthy, 1st Viscount Mountcashel, PC (Ire) ( – 1694), was a Jacobite general in the Williamite War in Ireland and a personal friend of James II. He commanded Irish Army troops during the conflict, enjoying initial success wh ...
, was very close to the future James II. Unfortunately Justin quarrelled irrevocably with Lady Davys when, in an episode that caused a notable scandal, he virtually kidnapped the young earl and forced him into an underage marriage with Elizabeth Spencer, daughter of
Robert Spencer, 2nd Earl of Sunderland Robert Spencer, 2nd Earl of Sunderland, (5 September 164128 September 1702) was an English nobleman and politician of the Spencer family. An able and gifted statesman, his caustic temper and belief in absolute monarchy nevertheless made him n ...
. The marriage, which turned out badly, caused Davys' wife much grief in her last years, and suggests that the couple had little influence at Court. On the accession of James II, it was widely rumoured that Davys would be removed from office; he was ageing, and "much impaired by the
gout Gout ( ) is a form of inflammatory arthritis characterized by recurrent attacks of pain in a red, tender, hot, and Joint effusion, swollen joint, caused by the deposition of needle-like crystals of uric acid known as monosodium urate crysta ...
" and had quarrelled with many of his influential friends and relatives. In the event, James seems to have approved of Davys, perhaps because of his alleged Catholic sympathies, and he duly kissed the King's hand. Despite further rumours of his impending removal he remained in office until his death in 1687. He was buried at St. Audoen's Church, Dublin. His widow Elizabeth survived until 1698, much troubled in her last years by her son's turbulent career. He was imprisoned 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 citadel and castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamle ...
as a
traitor Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
, escaped to find his long-estranged wife Lady Elizabeth Spencer, and at last consummated their marriage, only to be arrested by her outraged family. The affair caused a furore, but fortunately, King
William III William III or William the Third may refer to: Kings * William III of Sicily () * William III of England and Ireland or William III of Orange or William II of Scotland (1650–1702) * William III of the Netherlands and Luxembourg (1817–1890) N ...
took the matter lightly, and granted Lady Davys' request that her son and daughter-in-law be allowed to go into exile in Germany.


Will

Davys's only child, a daughter by his first wife Martha Boyle, died young; having no surviving children, he wished to provide for his step-daughter, Lady Catherine MacCarthy (Catherine had at least two sisters, Margaret and Elizabeth, who both died unmarried). At the same time, he wished his house, St. Catherine's Park,
Leixlip Leixlip ( or ; , ) is a town in north-east County Kildare, Ireland. Its location on the confluence of the River Liffey and the Rye Water has marked it as a frontier town historically: on the border between the ancient kingdoms of Leinster and ...
, which he had bought and improved, to remain in the Davys family. His
will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...
contained the curious condition that whichever son of his brother John married Catherine should inherit. His nephew
Paul Paul may refer to: People * Paul (given name), a given name, including a list of people * Paul (surname), a list of people * Paul the Apostle, an apostle who wrote many of the books of the New Testament * Ray Hildebrand, half of the singing duo ...
married her, duly inherited St. Catherine's, and after Justin MacCarthy's death had the title Viscount Mount Cashell revived in his own favour.


Reputation

Elrington Ball believed that whatever Davys' good qualities, he owed his advancement to his father's high reputation as a public servant and to the friendship of Ormonde. On the other hand, his refusal to give in to threats from the FitzGerald family as regards the judgment he should give in their lawsuit against Ormonde suggests that he was a man of integrity, and, whatever his personal beliefs, he seems to have been genuinely in favour of religious tolerance.


Notes


References

* * * * * {{DEFAULTSORT:Davys, William 17th-century Irish politicians 1687 deaths Members of Lincoln's Inn Year of birth unknown Year of birth uncertain Lords chief justice of Ireland Recorders of Dublin Serjeants-at-law (Ireland) Justices of the Palatine Court of Tipperary Irish MPs 1661–1666 Members of the Parliament of Ireland (pre-1801) for County Dublin constituencies