by Joseph Byrne
appropriate. Tithe assigned to an ecclesiastical figure other than the local clergyman is styled ‘appropriate’. Where all of the tithe, great and small, was so assigned it was termed ‘wholly appropriate’. See tithe, impropriate.
approver. 1: A steward or bailiff who supervised the letting of the king’s lands or royal manors to the monarch’s best advantage, collected the royal revenue and accounted for his transactions at the exchequer 2: An informer, particularly one who turns king’s evidence.
appurtenance. A building or right associated with or pertaining to a particular property, including outbuildings, mills, kilns, commonage, dovecotes or subterranean minerals.
apse. An arched recess at the end of a church.
a.r. Anno regni or regnal year. Literally, the year of reign of.
archdeacon. The chief deacon, next in rank to a bishop. In some Anglican dioceses it was the archdeacon’s duty to assist the bishop in diocesan affairs but in others the post was merely titular. Archdeacons originally wielded considerable power, sometimes even rivalling that of the bishop, but they were severely curbed by the Council of Trent. In England in the eighteenth century archdeacons exercised considerable authority over diocesan clergy but although there were 34 in Ireland they had no such jurisdiction. They were often simply accessories to the cathedral, some not even having a stall in the chapter. It was only in the nineteenth century that the archdeacon emerged as a fully functioning middle-manager in the Established church structure. The title is honorific in the Catholic church.
ard plough. Probably the earliest form of plough used in Ireland, the ard or light plough consisted of a wooden frame, curved at one end, with a pointed wooden or stone share projecting from the base of the curve. The addition in later times of a coulter, a vertical metal blade placed slightly forward of the share, improved the efficiency and speed of the plough by cutting through matted roots. Neither share nor coulter, however, were able to turn the sod and it was not until the mouldboard was fitted that the typical ridge and furrow ploughing pattern was achieved. (Mitchell, The Shell guide, pp. 143–4.)
Ard Rí. High-king. The question of high-kingship and its effective reality remains disputed. Mostly the phrase appears to denote overlords above the rank of king of a tuath. Two other attributions, Rí Erenn (king of Ireland) and Rí Temro (king of Tara) were also assigned to powerful overlords, notably in the case of the Uí Néill who appear to have fitted the bill as supreme rulers of Ireland.
argent. In heraldry, denotes the colour silver or silvery-white.
Arianism. A heretical fourth-century doctrine which argued that the Son, though divine, had emanated from the Father at a specific time and was therefore not co-eternal with him. The Father created the Son and so the Son was subordinate and of a different substance to Him. Thus, Christ was neither fully human nor possessed of a divinity identical with God. In the nineteenth century Irish Presbyterianism was riven by a controversy over Arianism, leading to the secession of some ministers to form the Remonstrant Synod in 1830. See General Assembly of the Presbyterian Church in Ireland, New Light, Presbyterian, Seceders, Synod of Ulster, Southern Association.
Armagh, Book of. The only surviving complete copy of the New Testament from the ninth century, the Book of Armagh was written by the scribe Ferdomnach (died c. 845) and his assistants for the Abbot Torbach. Comprising 215 vellum leaves, the manuscript also contains St Patrick’s Confession, the lives of Muirchiú and St Martin of Tours and the memoirs of Tirechán. It forms part of the collection of Trinity College, Dublin.
‘Armagh Expulsions’. An Orange attempt to cleanse Armagh of Catholics following the defeat of the Catholic ‘Defenders’ at Loughgall in 1795. Assassination and intimidation led to the flight of several thousand Catholics to Connacht and other parts, the disgruntled refugees spreading Defenderism wherever they settled. (Miller, ‘The Armagh troubles’, pp. 155–191.)
Armagh, Register of. A series of eight volumes (seven of which comprise original manuscript records) relating to the affairs of the archbishops of Armagh (1361–1543) which constitutes the largest single corpus of original material for the late medieval period. It contains letters, mandates, examinations of witnesses, acta, marital cases, letters patent, excommunications, clerical inhibitions, deprivations and appointments, probate matters and cases on appeal. Although the registers are named after individual prelates, they are not always completely co-extensive with their period of episcopal rule. (Armagh Register.)
armiger. (L., an armour bearer) A person entitled to bear heraldic arms. A squire.
Arminianism. A hotly-disputed liberal Calvinist doctrine espoused by the Dutch theologian Jacobus Arminius (1560–1609) which maintained that salvation was possible for all, a belief contrary to strict Calvinist teaching on predestination. To Arminius the idea that the elect were chosen before Adam’s fall seemed incompatible with the mercy of God and implied that human will had no role to play in salvation. John Wesley was influenced by Arminianism as was the Methodist church which grew out of the Wesleyan movement. See Calvinism.
arquebus (hagbush). A portable firearm that was supported on a rest.
arraign. To indict.
Arroasian. The form of Augustinian rule which St Malachy encountered at the abbey of Arrouaise in the diocese of Arras c. 1140. The Arroasians borrowed severe observances from the Cistercians including a strict rule of silence, abstinence from meat and fats and the wearing of a white habit with no linen. Between 1140 and 1148 Malachy promoted the spread of Arroasian observance particularly in the northern half of the country and wherever he encountered opposition appears to have established distinct communities alongside many episcopal seats. After his consecration as archbishop of Dublin, St Lawrence O’Toole adopted Arroasian observance at Christ Church Cathedral, one of the few cathedrals in Ireland to do so. Convents of Arroasian canonesses were also established in Ireland, the first being the senior house at St Mary’s Abbey, Clonard (c. 1144). By the fourteenth century the Arroasian observance had begun to wane and there are few recorded Arroasian houses after that time. See nuns. (Dunning, ‘The Arroasian’, pp. 297–315.)
articlemen. The term usually comprehends persons admitted to the articles of surrender of Limerick or Galway at the close of the Williamite War. Relatively generous terms were offered to the Jacobites because William was anxious to close the war in Ireland and transfer his troops to Europe. Under the articles, the estates of the garrisons and citizens of Limerick and Galway were guaranteed provided they submitted to the king and did not opt to leave for France. Almost one-half of the land remaining in Catholic hands by 1703 was held by articlemen. See Limerick, Treaty of (1691).
Articles of Religion (1615). A series of 104 articles or doctrinal statements prepared and agreed at the 1613–15 convocation of the Church of Ireland. Compiled by James Ussher, professor of divinity at Trinity College, they included the bulk of the 1571 convocation of Canterbury’s Thirty-Nine Articles but controversially omitted the thirty-sixth which refers to the ecclesiastical orders of deacon, priest, bishop and the procedures for episcopal consecrations, an omission which appears to reflect the puritan or Calvinist-leaning nature of the Irish church. The articles confirmed the church’s adherence to the doctrine of predestination. A rigid and severe Sabbatarianism was espoused. The pope was condemned as the anti-Christ, royal supremacy was upheld, Catholic ceremonies and traditions were declared contrary to the teaching of the bible and the Anabaptist doctrine of the community of property was denounced. Under Lord Deputy Wentworth the articles were suppressed by the 1634 convocation and replaced by the Thirty-Nine Articles in an attempt to make the Church of Ireland correspond more closely to the English church.
assart. Marginal, waste or wooded land that was cleared and drained and brought into cultivation. Also known as extent land.
assay. 1: A proof 2: The assay of metals is the examination of precious metals to test their fineness. Weights and measures are assayed to ensure that they weigh or measure what the
y claim to do.
assignment. The transfer of a right or entitlement, usually a lease or mortgage.
assistant-barrister. To raise the standard of justice dispensed by the justices of the peace the lord lieutenant was authorised from 1796 (36 Geo. III, c. 25) to appoint an assistant-barrister of six years standing in each county to assist the justices at the quarter-sessions. The assistant-barrister was also given the power to hear civil bills to the sum of £20 in cases of debt, £10 in cases of assumpsit and £5 in cases of trover, trespass and detinue. Later the monetary limits were increased and he was empowered to deal with cases of assault and the recovery of small tenements. From 1851 he became the chairman of quarter-sessions and could act in the absence of the justices. In 1877 the office was abolished and replaced by that of county court judge. See justice of the peace.
assize. 1: A court sitting, literally the jury summoned by writ to sit together to try a cause 2: In earlier times the term referred to the writs that operated in assize courts, the assizes of novel disseisin, mort d’ancestor and darrien presentment 3: The twice-yearly assize courts (county courts) trying civil and criminal cases replaced the eyre courts of the thirteenth and fourteenth centuries.
assize, commission of. A commission to conduct an assize was issued by the king’s bench to the judges of assize, empowering them to hear civil and criminal cases on circuit. Commissions of gaol delivery were normally given to judges of assize and from the sixteenth century they also heard civil actions of nisi prius, cases which had begun in the fixed courts and were brought to the point where the verdict of a local jury was necessary.
assize courts. Civil and criminal cases were heard before the assize courts. They were presided over by the judges of assize who were dispatched to the counties on twice-yearly circuits (spring and summer). They succeeded the itinerant justices in eyre but the disturbed nature of the country prevented the establishment of a regular circuit until the close of the seventeenth century. There were five circuits (six between 1796 and 1885) until their abolition in 1924 when they were replaced by the circuit courts in the Irish Free State (and by the crown courts in Northern Ireland from 1978). A winter assize was added from 1876 to deal solely with criminal cases. Dublin city and county did not form part of the assize circuit. A permanent commission, the ‘County of the City of Dublin’, sat at Green Street to hear criminal cases presided over by a judge of the king’s bench. A second commission dealt with cases arising in the county. Increasingly the assizes came to deal solely with criminal cases. From 1796 civil actions were heard by an assistant-barrister in each county and by the mid-nineteenth century civil jurisdiction was being exercised by the quarter-sessions. The spring and summer assizes were the occasion for the meeting of the grand jury which, in addition to determining the validity of indictments before the courts, also performed important local government functions. See civil bill.
Association for Discountenancing Vice and Promoting the Knowledge and Practice of the Christian Religion. A Protestant, proselytising educational society, the Association for Discountenancing Vice was founded by three members of the Established church in 1792 and funded initially by subscription. After it was incorporated in 1800 the association began to receive annual grants of public money which transformed it from a distributor of religious books and pamphlets into a provider of elementary education. Whenever a suitable school site was acquired the association advanced money to pay the cost of construction and contributed towards teachers’ salaries. Titles to such schools were vested in the local Anglican minister and church-wardens. Schools in receipt of aid were not allowed to accept grants from other public institutions, the teachers must be Anglicans, all literate pupils were required to read the scriptures and only the Church of England catechism was taught. Children of all faiths were welcomed and non-Anglicans were excused the catechism but all had to read scripture. In 1819 about 50% of the enrolment of 8,800 pupils was Catholic. By 1824, when the association was receiving public funds in excess of £9,000, it controlled 226 schools which provided a very basic education in the ‘three Rs’. By this time the association had embraced a more actively proselytising role and began to expose Catholic children to catechetical classes. This prompted a mass exodus from the schools. In 1825 the Commissioners of Irish Education Inquiry slated the association’s school system, noting that the education of non-Anglicans was entirely an accidental and secondary object of the association. After the introduction of the national system of education in 1831 the well of public funds dried up and the educational activities of the Association for Discountenancing Vice withered. In a new guise – and shorn of the reference to discountenancing vice – the Association for the Promotion of Christian Knowledge (APCK) developed as the publishing wing of the Church of Ireland. The records of the association are held by the Representative Church Body Library. (Akenson, Irish education, pp. 80–83; Idem, The Church of Ireland, pp. 139–42.)
assumpsit. (L., he has undertaken) 1: A promise to fulfil a bargain 2: A common law action to recover damages resulting from a breach of contract or promise. Assumpsit first emerged in cases where goods entrusted to the defendant had been damaged through his negligence. Later the emphasis shifted from negligence to failure to keep a promise. Every contract executory (to be executed in the future) incorporates an assumpsit because when a person agrees to pay a sum of money for goods or deliver a product for a certain sum he assumes or promises to pay or deliver. Failure to fulfil the promise means that the other party may have an action of the case on assumpsit.
attachment. The seizure by a creditor of the goods of his debtor wherever he can find them.
attachment, writ of. A writ to enforce the judgement of a court by which a defaulter is committed to prison for contempt by his non-compliance.
attaint. A legal term which signifies a writ of judgement against a jury in a court of record which has returned a false verdict contrary to the evidence or because of an erroneous statement of the law by the judge. Originally jurors producing a false verdict were liable to have their homes torn down, their meadows ploughed and their lands forfeited but this was later replaced by a monetary fine and a new trial ordered.
attainder. 1: From 1539 a formal declaration by parliament and without trial that a person was a traitor. Once a bill of attainder was introduced or passed in parliament the attainted person was effectively outside the law, deprived of all civil rights, disabled from seeking redress in the courts (although he could defend himself) and he forfeited his estate. By ‘corruption of blood’ the attainted lost his right to inherit or transmit property 2: Attainder was the legal outcome of judgement of death or outlawry in cases of treason or a felony, the results of which were similar to attainder by parliament. By law no person could be tried or attainted of high treason but by the evidence on oath of two witnesses to the same treasonable act. See outlawry.
attorney-general. Senior crown law officer who advised the privy council on legal questions and conducted state prosecutions. He explained and defended the royal interest in parliament, a role which required him to be in attendance regularly in the house.
attorney, letter of. A deed creating a substitute to act for one of the parties in a conveyance. In medieval times this was usually executed to grant or receive seisin of a property.
Augustinian Canons, Austin Canons. The Augustinian Canons (in full, the Canons Regular of Saint Augustine, abbreviated OSA) appeared in Ireland in the mid-twelfth century through the influence and promotion of the ecclesiastical reformer St Malachy and became the predominant religious order in Ireland. Its constitution was based on the Rule of St Augustine, a series of instructions written by the theologian St Augustine of Hippo (d. 430). Malachy introduced a version of Augustinian rule known as the Arroasian observance after an inspection of the Augustinian house at Arrouaise in Arras (c. 1140). After Malachy’s death in 1148 new Augustinian houses were founded, many of which were Arroasian, some for canonesses and some jointly owned by canons and canonesses.
Augustinian Friars, Austin Friars. The Augustinian Friars (in full, the Order of Hermits of St Augustine, abbreviated OESA), a mendicant order, appeared in Ireland, probably from England, c. 1282. By 1300 there were four houses in Ireland, rising to twenty-two by the time of the dissolution of the monasteries. Administratively, Ireland was considered one of the four ‘limits’ or sub-provinces of the English province and was itself subdivided into four regions (plagae) viz., Munster, Connacht, Leinster and Ulster with Meath. Connacht survived the suppression of the mid-sixteenth century and the order experienced a revival from 1613 which continued right through the seventeenth and eighteenth centuries. The closure of the Irish noviciates by the Congregation of Propaganda Fide in 1751 (and of the continental seminaries some decades later) reduced the numbers seeking to join the order and led to a decline which was not arrested until the following century.
Austin friars. See Augustinian Friars.
autograph. A manuscript in the hand of the author.
avowry. See advowry.
B
‘Back Lane parliament’. See Catholic Convention.
backside. A yard or plot behind a house.
badging. In the late seventeenth and eighteenth centuries some parishes (including a number in Dublin city and Ulster) introduced a system of badging licensed beggars to ensure that only deserving local beggars were permitted to operate within the parish boundaries and to curb the activities of able-bodied strolling vagrants who infested the streets and were a burden on the parish poor list. Badging was permitted under a 1772 poor relief act (11 & 12 Geo. III, c. 30) which empowered committees in every county and city of a county to badge beggars and construct workhouses (houses of industry) for the restraint and punishment of sturdy idlers. See industry, house of.
