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→Prerogative Court of Armagh: clarification
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==== Prerogative Court of Armagh ==== | ==== Prerogative Court of Armagh ==== | ||
Commissioners were appointed in Ireland by Act of 28 | Commissioners were appointed in Ireland by an Act of 28 King Henry the VIII (1536), with power to issue probates, faculties, and dispensations. These had previously been under the direction of the Church of Rome, but after cessation with the Church of Rome, these could be granted by the Archbishop of Canterbury in England. Since the Prerogative Court of Armagh was subordinate to the Prerogative Court of Canterbury, testators with property elsewhere in the British Isles and in Ireland would likely have their will proved in the Prerogative Court of Canterbury or have a registered copy there. | ||
"In 1579 (25 May, 21 Eliz.), a commission was granted to Adam, Archbishop of Dublin, and Robert Garvey, M.A., empowering them 'to prove, approve and insinuate the testaments, codicils and last wills and to grant letters of administration, etc., of all and singular persons of the realm of Ireland . . . which have goods and chattels . . . in divers provinces, jurisdictions or dioceses . . . according to the course and order of the Prerogative Court of the Archbishop of Canterbury in the realm of England.' The Prerogative Court for Ireland was apparently created by Letters Patent of 1 Mar., 23 Eliz." and exercised authority from that date (1581) until the Probate Act of 1857 established the Principal and District probate registries. However, wills and administrations for the Prerogative Court of Armagh date from the appointment of the commissioners in 1536 to 1857. | "In 1579 (25 May, 21 Eliz.), a commission was granted to Adam, Archbishop of Dublin, and Robert Garvey, M.A., empowering them 'to prove, approve and insinuate the testaments, codicils and last wills and to grant letters of administration, etc., of all and singular persons of the realm of Ireland . . . which have goods and chattels . . . in divers provinces, jurisdictions or dioceses . . . according to the course and order of the Prerogative Court of the Archbishop of Canterbury in the realm of England.' The Prerogative Court for Ireland was apparently created by Letters Patent of 1 Mar., 23 Eliz." and exercised authority from that date (1581) until the Probate Act of 1857 established the Principal and District probate registries. However, wills and administrations for the Prerogative Court of Armagh date from the appointment of the commissioners in 1536 to 1857. | ||
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The minimum criteria to have a will proved or an estate administered in the Prerogative Court of Armagh was to possess property valued at more than £5 in more than one of the approximately twenty five ecclesiastical dioceses. Wills of the wealthy are often to be found in this court since they were likely to have property in more than one diocese. | The minimum criteria to have a will proved or an estate administered in the Prerogative Court of Armagh was to possess property valued at more than £5 in more than one of the approximately twenty five ecclesiastical dioceses. Wills of the wealthy are often to be found in this court since they were likely to have property in more than one diocese. | ||
The diocesan courts regulated property within the jurisdiction of the Bishop of each diocese. Fees paid to the Bishop covered the cost of executing the will or administration. The establishment of the Prerogative courts resolved potential disputes between the Bishops of individual dioceses.<br> | The diocesan courts regulated property within the jurisdiction of the Bishop of each diocese. Fees paid to the Bishop covered the cost of executing the will or administration. The establishment of the Prerogative courts resolved potential disputes between the Bishops of individual dioceses.<br> | ||
==== Indexes ==== | ==== Indexes ==== | ||