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Great. Question for you. JStor mentions Michael Comyn KC as follows. Can you expand? Books Ireland 2008 page 18. General Macready who confirmed the capital court martial verdicts, usually with Cabinet approval. Prominent among the defence lawyers in the intimidating barracks atmosphere or in the higher courts were Eamon Duggan, George Gavan Duffy and Michael Comyn KC. Duggan and Gavan Duffy were signatories to the 1921 Anglo-Irish Treaty (the latter reluctantly) and both Duffy and Comyn later broke with the Free State Government because of the far more drastic military sentencing policy in place during the Civil War. Foxton’s excellent study demonstrates the central concepts of British liberty – the ‘rule of law’ and ‘questions in the House’ enabled Irish lawyers to play the system and disapproval of violence notwithstanding, save the lives of some of their country men.

Michael Comyn KC (1871–1952) was a prominent Irish barrister, nationalist, and politician who played a significant role in defending Irish republicans during the War of Independence and the subsequent Civil War. The mention in Books Ireland (2008, p. 181) appears in a review of David Foxton’s book Revolutionary Lawyers: Sinn Féin and Crown Courts in Ireland and Britain, 1916–1923, which examines how Irish lawyers navigated British legal systems to challenge court-martial verdicts and save lives amid the conflict.

In that context, Comyn is highlighted alongside Éamon Duggan and George Gavan Duffy as key defense counsel operating in tense military settings, often securing reprieves through appeals to British legal principles like the “rule of law.” The review notes that Duggan and Duffy signed the 1921 Anglo-Irish Treaty, while both Duffy and Comyn later distanced themselves from the Irish Free State government due to its harsh sentencing during the Civil War—policies that included summary executions without trial, which Comyn publicly condemned as unjust.

Early Life and Education

Born on June 6, 1871, in Clareville, Ballyvaughan, County Clare, Michael Comyn was the eldest son and second of seven children of James Comyn, a farmer and local leader in the Irish National Land League, and his wife (whose name is not widely detailed in sources). The family faced eviction in 1879 due to land disputes, relocating within County Clare. Comyn received his early education at local national schools, including one focused on preparing students for civil service exams.

At age 19, he passed a competitive exam to become an excise officer—one of only 50 selected from 2,500 applicants—and served in Dublin and England. While working, he pursued legal studies at University College Dublin and King’s Inns, earning the prestigious Victoria Prize in 1898, which supported his education. He was called to the Irish Bar that same year and quickly rose in prominence, being appointed King’s Counsel (KC) in 1914, marking him as a senior barrister.

Legal Career and Role in Irish Independence

Comyn’s legal career was deeply intertwined with Irish nationalism. He was in the United States during the 1916 Easter Rising but returned to Ireland afterward, becoming a leading defender of republican prisoners in British courts and military tribunals. His work often involved high-stakes appeals, including arguments before the House of Lords in London. Notably, no republican prisoner he defended during the War of Independence was executed, a testament to his skillful use of British legal precedents to challenge military jurisdiction.

One of his most famous cases was In re Clifford and O’Sullivan (1921), where he represented two men—among a group of 42 arrested near Mitchelstown, County Cork, and sentenced to death by a British military court for possessing arms. Comyn sought a writ of prohibition, arguing that the tribunal lacked proper judicial authority under martial law. The case advanced through the Irish Chancery Division and Court of Appeal before reaching the House of Lords, where it was ultimately dismissed on July 28, 1921, as the Lords ruled that prohibition did not apply to non-judicial bodies like military courts. Despite the loss, the case set important legal precedents on military powers and extraordinary remedies, and it’s believed the publicity and delays contributed to King George V’s intervention, leading to the commutation of the sentences and aiding the path to the Anglo-Irish Treaty. Comyn collaborated with figures like Sir John Simon KC in this effort.

Comyn also assisted suffragette Georgina Frost in her landmark legal battle for women’s rights and investigated suspicious deaths during the conflict, such as those of Cathal Brugha and Harry Boland. This aligns with the Books Ireland reference to lawyers “playing the system” to save lives, even as they disapproved of violence, by leveraging parliamentary questions and legal appeals.

Civil War and Break with the Free State

During the Irish Civil War (1922–1923), Comyn continued defending anti-Treaty republicans, including Erskine Childers, an English-born republican executed in November 1922 despite an ongoing habeas corpus appeal. Comyn denounced the execution as “a complete negation of justice,” reflecting his growing disillusionment with the Free State’s emergency powers, which included military tribunals far more severe than those under British rule. This stance led to his break with the government, as noted in the Books Ireland piece.

Political Career and Later Life

Post-Civil War, Comyn became a close legal advisor to Éamon de Valera, helping found the Fianna Fáil party in 1926 and establishing The Irish Press newspaper. He was elected to the Seanad Éireann (Irish Senate) in 1928 as a Fianna Fáil member, serving until 1936 and acting as vice-chairman from 1934 to 1936. Known for his debating prowess and dedication, he stepped down in 1936 to accept an appointment as a judge on the Eastern Circuit Court.

Comyn married Marcella Margaret Blake-Forster (1894–1961) in 1920; they met during his unsuccessful Sinn Féin election campaign in County Clare. The couple had family ties to other legal and nationalist figures, including Comyn’s nephew, Sir James Comyn, a noted English judge.

He passed away on October 6, 1952, in County Clare, at age 81.

Overall, Comyn’s legacy lies in his strategic use of law to protect nationalists during a volatile era, embodying the tensions between British imperial justice and Irish self-determination, as Foxton’s study illustrates.

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