AMONGST the various sources
of information open to the genealogist, it is generally
admitted that Wills occupy the most important place.
From a testamentary document, it is often possible to
obtain particulars of three or four generations of a
family, besides a general insight into the extent of
civilization and social position of our ancestors.
Not only can we see the autograph of the testator, but
often ascertain the armorial bearings of the family,
since it was customary in former days for testators not
only to sign, but also to seal, their wills.
By means of the armorial bearings on seals attached to
wills one often obtains important clues to family
descent — not to speak of the value of information about
lands and residences, places of burial, and other useful
matter mentioned in such documents.
The wills in Ireland may be said to consist of two
classes, Prerogative and Diocesan. Those proved in
the Prerogative Court are the most important,
containing, as they do, testamentary devises from all
parts of Ireland, and generally referring to the more
important members of the community. They commence
in 1536, and continue to 1858.
Before 1857, wills used to be proved in the
Consistorial Court, that is, the Court of the Bishop or
Ordinary, within whose diocese or jurisdiction the
testator dwelt; but if there were effects to the value
of £5 (called
bona notabilia), in two or more dioceses, the will
had to be proved in the Prerogative Court of the
Archbishop of Armagh, Primate of all Ireland, which was
the Supreme Court in matters of which the ecclesiastical
jurisdiction had cognisance.Pg. vi -
The right of appointing a Judge or Commissary of the
Prerogative Court in Ireland was originally vested in
the Crown. By Letters Patent of 20 James L, the
Archbishop of Armagh and his successors were appointed
the Judges of the Court, and later were empowered
(Letters Patent, 20 Charles I.) to appoint a Commissary
of the Prerogative Court, instead of being obliged, as
formerly, to act in person.
By the Act 7 & 8 George IV., c. 44, the office of Judge
of the Court of Faculties, which dealt with
Ecclesiastical causes, was consolidated with that of
Judge of the Prerogative Court.
The jurisdiction of the various Consistorial Courts in
Ireland was confined to dealing with the assets of
deceased persons who were domiciled in the Diocese, and
who had no personal estate in any other Diocese in the
Kingdom; and in the case of a person dying out of
Ireland, who left personal estate in only one Diocese,
the Consistorial Court of that Diocese had jurisdiction
over such estate.
Up to 1816 the Court of Prerogative used to be held in
the private residence of the judge, and sometimes in the
Chapter Room of S. Patrick's Cathedral, and the original
wills and records were not kept in any certain or secure
custody, no proper building having been provided for
these purposes.
Owing chiefly to the efforts of Dr. Radcliff,
who was appointed Judge of the Court in 1816, the Court
of Prerogative was established in Henrietta-street,
Dublin, and the original wills and other records were
then transferred there, where they remained until
removed to the Public Record Office, their present
depository.
By the Court of Probate Act, 1857 (20 & 21 Vict. c.
77), the jurisdiction of the antient Ecclesiastical
Courts, and of the few surviving courts of exempt
jurisdiction, was abolished, and transferred to the
Probate Court, constituted a separate Division of the
High Court by the Judicature Act, 1873; and further
amalgamated with the Queen's Bench Division, a
particular Judge being assigned to deal with
testamentary matters, under the Judicature Act, 1897.
Not till the year 1810, when the Irish Record
Commission
Pg. vii -
began its labours, did any index to these wills exist,
nor was it possible for the public to consult them
before that date without considerable difficulty.
Amongst the most useful works undertaken by that body
was the arrangement and classification of the Wills of
Ireland.
This work was in a large measure carried out by Sir
William Betham, Ulster King-of-Arms, who
superintended the alphabetical indexing of the
Prerogative Wills, and at the same time, with his own
hand, took genealogical notes from each will, forming
them into chart pedigrees. These latter invaluable
records are included among the collections of that
indefatigable genealogist, and are now deposited in the
Office of Arms, Dublin Castle. An idea of the magnitude
of the work may be gathered when it is stated that they
are contained in 34 folio volumes, and are accompanied
by an elaborate Index of Alliances.
Through the courtesy of the Deputy Keeper of the Public
Records of Ireland, Dr. J. J. Digges La Touche,
who procured the necessary permission of the Master of
the Rolls, the Indexes compiled under the supervision
and direction of Sir William Betham, Ulster
King-of-Arms, were placed at my service.
Although arranged on the slip system, similar to that
adopted in the British Museum Catalogue, the
lexicographical order was but loosely adhered to, and it
became necessary to largely recast the Index, while, to
ensure accuracy, constant reference had to be made to
the original wills in the Public Record Office.
Owing to the variations which occur in the form and the
spelling of many names, it has been thought advisable to
add cross-references where they seem desirable, in order
to afford aid to the less experienced searcher; though
no competent genealogist will fail to consult every
likely orthographical rendering of the name of which he
is in quest. For a similar reason,
cross-references have been given to the surnames of
bishops, whose wills are generally indexed under the
name of their See.
In cases where wills were proved in England, only
copies of the originals will be found in Ireland, and
this is denoted in the Index.
Pg. viii -
A separate Index to the Alliances and Aliases
mentioned in the wills (and given in large type in the
main Index) is added at the end, where will also be
found a Catalogue of some one hundred wills, called the
Hawkins Collection, reprinted from the Fourteenth Report
of the Deputy Keeper of the Public Records in Ireland.
As the number of wills proved in the Prerogative Court
increased considerably after the commencement of the
present century, it was thought better not to continue
the Index beyond the year 1810 (which is the year in
which a break in the series is recognised in the Public
Record Office), especially as the later wills are of
comparatively small utility for genealogical purposes.
The complete classification of the wills of Ireland in
public custody is as follows :—
I. Prerogative Wills, 1
536-1858, deposited in the Public Record Office.
II. Diocesan Wills,
1536-1858, deposited in the Public Record Office.*
III. A limited number of
unproved wills dealing with Real Property only, recorded
from the year 1708, at the
Registry of Deeds, Henrietta-street.
IV. Wills from the
Inquisitions (Henry VIII. to George I.);
an excerpt of which, with an Index Nominum, is
in the Public Record Office.
V. A few very early wills
in the Royal Irish Academy, and in Trinity College
Library.†
As wills belonging to
members of the same families as those mentioned in the
Index to the Prerogative Wills are likely to be found
among the Diocesan Wills, it has been thought advis-
-------------------------
* An Index to the Dublin Diocesan Wills and Grants is
printed in the Appendix to the XXVIth Report of the
Deputy Keeper of the P.R.O. of Ireland.
† The latter are in
course of publication by Mr. Henry F. Berry,
M.A., of the P.R.O., under the auspices of the Royal
Society of Antiquaries of Ireland, under the title of
"The Register of the Diocese of Dublin in the times of
Archbishops Tregury and Walton, 1467-1483," from a MS.
in Trinity College, Dublin.
Pg. ix. -
able to give a table showing in what dioceses the
various Irish counties are situated, which will be found
at the end of this volume.
For further information regarding the depositories of
Irish Wills and other particulars concerning them, I
would refer to the chapter on "Irish Genealogy" in an
excellent little handbook entitled "A Supplement to 'How
to write the History of a Family,'" by W. P. W.
Phillimore, 8vo, London, 1896.
While thanking the subscribers to this Index for their
public-spirited support, I feel I ought to apologize to
them for the delay in its publication, which, in a great
measure, was due to the necessity of obtaining a
sufficient number of subscribers before going to press.
In conclusion I must not forget to acknowledge the kind
help which I have received from the Deputy Keeper of the
Public Records and his courteous assistants; nor to
record my indebtedness to Mr. Edmund Fry,
Honorary Secretary to the British Record Society, for
valuable hints, and to Mr. Arthur Samuels, Q.C.,
LL.D., for information concerning the history of the
Ecclesiastical Courts of Ireland ; and last, and not
least, to the great
help afforded by my assistant, Mr. Frank S. Marsh,
of the Office of Arms, who, with remarkable perseverance
and accuracy, has prepared for press, and corrected the
proofs of, the greater portion of the Index. In a work
of the kind, perfection is scarcely to be expected, but
I feel that any reputation for accuracy which this work
may obtain is, in a great measure, due to his
painstaking assistance.
If I have by the publication of this Index in any way
assisted the researches of my brother genealogists, I
shall feel amply rewarded; and it is to be hoped that at
no distant date an Index to the Diocesan Wills of
Ireland may be published.
ARTHUR VICARS, Ulster.
OFFICE OF ARMS,
DUBLIN CASTLE,
November, 1897 |
