Vol. 6. "Book of Howth, Miscellaneous"
by George Carew, Earl of Totnes 1555-1629.
"Proofs extracted out of Records, showing by whom the country of the Decie hath been from time to time possessed, and also a pedigree how the same hath continued by descent or grant.
Grant to Thomas FitzAnthony of co. Waterford and Dungarvan Castle.
Mandate to the Justiciary to seize into the King's hand the land of Desmond, alienated by Thomas FitzAnthony to various persons, and to deliver the same to Richard DeBurgh, to whom the King had granted it.
The relam of Ireland was given by Henry III, in his 39th year A.D. 1255, to his son Prince Edward.
Prince Edward by his grant confirmed Decye, Desmond, etc. unto John FitzThomas, who had married Margery, daughter and heir of Thomas FitzAnthony.
(Patent for above 1255)
Power to the King's nephew, Henry, son of the King of Alain, to revoke all the lands alienated without licence by Prince Edward, to whom the King granted all the land of Ireland, contrary to the King's grant, which provided that the said land should not be separated from the Crown of England.
John FitzThomas died seized of the Decye, Desmond, etc.(Escaet. et Inquisit. 10 Edw. I., No. 21)
King Edward I regranted unto Thomas FitzMaurice, grandchild unto John FitzThomas, unto whom the said King (when he was Prince Edward) had granted Decye, and Desmond, etc.
Thomas FitzMaurice died seized of Dungarvan Castle.
"Maurice FitzThomas, son to Thomas FitzMaurice, being the first Earl of Desmond, in 1343, entailed all his lands, whereof Decye, Desmond, etc. was a part, which is to be found in the Remembrancer's Office in the Exchequer, in the Records of Trinity Term in annis 3 et 4 Phil. et Mariae, Rot. 6 ; et in temp. Reginae Elizab. ibidem existent. (1554)"
Pedigree of the FitzGeralds, Lords of Desmond and the Decye, beginning with Thomas FitzAnthony.
"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." -
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 said John FitzThomas.
Objections to this title.
"Secondly, it will be alleged that the heirs of Deacis have continued in quite possession these four or five descents (to c.1620), 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.(1343)
"Then cometh James, second son to Garrett (Gerald) 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 (not correct, appears that Carew wanted Decies to revert back to the Crown); which (uncle) James (the Upsurper, 7th Earl of Desmond) had 2 sons, viz., Thomas, which was executed for treason at Dredagh, and Garrett (Gerald) his 2nd son.
"The said James (the Upsurper, 7th Earl of Desmond) contrary to the intent of the said state tail, passed the lordship and country of the Deacis to the said Garrete his 2nd son, predecessor to Sir John FitzGarrate, the now possessor of the Deacis. (c.1615?)
"It followeth then that the said James being but tenant in tail, and havingNO INTEREST BUT FOR LIFEcould pass no such estate in fee ; and so consequently the said estate of James to his 2nd son Garrett (Gerald 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."
Indenture made on Saturday before the Purification, 9 Hen. V., between James le Bottiler, Earl of Ormond, and James FitzGerald, Earl of Desmond.
The former appoints the latter keeper, governor, and overseer of all the baronies and lordships of Inchecoyn (and) Ymakylle, and of the town of Youghall, with all the free tenants and farmers of the Earl of Ormond and the tenants resident within the said lordships, whom Desmond will defend against all Irish enemies,etc."