Catalogue description A summary Discourse proving the Deacis of Desmond to be as well the ancient as the immediate right and inheritance of the Crown of England.

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Title: A summary Discourse proving the Deacis of Desmond to be as well the ancient as the immediate right and inheritance of the Crown of England.
Description:

It was granted by King John to Thomas FitzAnthony, who died thereof seized without issue male, having one daughter, Marjery, afterwards married to John FitzThomas of the Geraldines. The said grant was confirmed by Edward I., [when Prince Edward] to the said John FitzThomas, with the yearly reservation of 500 marks and other services to the Crown in 44 Henry III.

 

Then, after some descents cast, the house and right line of the said John FitzThomas, the King's patentee, was corrupted by the attainder of his succeefling heir, Thomas FitzJames, Earl of Desmond, arraigned and executed for high treason at Dredaghe in the reign of Edward IV. The said house and attainder of blood was never restored by any record appearing, but rather continued more by sufferance and the opportunity which the divisions of the Houses of Lancaster and York (together with the turbulence of this kingdom) afforded, than by any other providence or matter appearing.

 

Then the said house was again attainted, first by Parliament in Garratt late Earl of Desmond, and then in James FitzThomas, attainted by his own confession before Sir George Carew, knight, then Lord President of Mounster.

 

Objections to this title.

 

First, it will be alleged that the grant of Edward I. is insufficient, because Prince Edward was not enabled to make any such grant in the lifetime and reign of his father.

 

In answer thereof, it is apparent to the world, as also in Rolls of the Tower (if not here), that the 39th year of the reign of King Henry III., his said son, Prince Edward, was married to Eleanor, daughter to the King of Spain, at which time his father granted him the kingdom of Ireland, the Earldom of Chester, and government of Gwine (Guienne) in France; so as his said grant of the Deacis and Desmond to John FitzThomas," is good.

 

Secondly, it will be alleged that the heirs of Deacis have continued in quiet possession these four or five descents, and that they are descended of the ancient line of Morishe, the first Earl of Desmond, before any of the said attainders. For answer thereunto, the said Morishe the first Earl being then possessed of the Deacis made an estate tail of all his lands to the use of his heirs males," dated 16 Jan., 16 Edward III.

 

Then cometh James, second son to Garrett the Poet, and grandchild to the said Morice, the first Earl, to be Earl of Desmond by unjust disinheriting of his nephew Thomas, son to an elder brother, which was banished into Normundy, and there died without issue; which James had two sons, viz., Thomas, which was executed for treason at Dredagh, as aforesaid, and Garrett his second son.

 

The said James, contrary to the intent of the said state tail, passed the lordship and country of the Deacis to the said Garrate his second son, predecessor to Sir John FitzGarrate, the now possessor of the Deacis.

 

It followeth then that the said James being but tenant in tail, and having no interest but for life, could pass no such estate in fee; and so consequently the said estate of James to his second son Garrett of the Deacis is void to all purposes, as well to him as to Sir John FitzGarrett that now holdeth the Deacis under the said estate.

 

So then the demesne land and inheritance of the Deacis is duly fallen to the Crown by the several attainders before specified as being descended in the right line of the eldest house from John FitzThomas, the King's patentee, and from Morice the first Earl before mentioned.

 

And that there was a continued claim made by the Earls of Desmond successively to the lordship of the Deacis may as well appear by the overthrow given at Aghvane to Garrett late Earl of Desmond when he came to distrain for his rent, as by the several other proofs which he produced soon after [of] a continual claim in his predecessors, in his pleading of that title before the Council of England.

 

And lasty, if Sir John FitzGarrett could derive any good title to the demesne land of the Deacis, as he cannot, yet can he never avoid the King's ancient rent reserved upon John FitzThomas by Edward I.'s grant, the rather that the same was paid as by a rent-charge found upon the Treasurer's account thereof may appear.

Date: 1612
Held by: Lambeth Palace Library, not available at The National Archives
Former reference in its original department: MS 610, f. 87
Language: English

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