Corpus of Electronic Texts Edition
Letter Book of Florence Mac Carthy Reagh, Tanist of Carbery, Mac Carthy Mór (Author: Various)

Document 92

Reasons that Florence MacCarthy alleged to prove that the Earl of Clancar's lands ought to descend to Ellen his Wife, and to his heirs, circa June 1598.

Donell Mac Carthy Mor Earle of Clancar sonne to Donell Mac Cormac Leirie was by the old Lord Roche, called David Roche, taken prisoner, and Sir Henry Sidney, then Deputie, mistrusting the rebellious intentions of Gerald the last Earle of Desmond, sent the aforesaid Donell Mac Carthy Mor into England, to the intent that by Her Majesties good usage of him he might be made an instrument against the said Desmond. The Queene of her bountie both bestowed money upon him to defray his charges, and made him Earle of Clancar. And in the patent of his Earldom did grant unto him both the said title and all his lands, to him and to the heirs males lawfully begotten; whose son and heir [Teige] the Baron of Valentia being dead, he went again to England, as well to recover some of his lands that the English undertakers of Munster challenged, as to get his lands to be confirmed by Her Majestie unto his daughter, who at that time by his consent was to be married to Florence Mac Carthy, for the performance whereof bonds of £6000 did passe betwixt the said Earle and Florence. His Lands he obtained, but no grant to his daughter, because no surrender of his was extant or formalie made, yet neverthelesse Her Majestie agreed to pass him a grant of his lands, on the condition that his daughter would marry an Englishman, which the Earle adopted, and accordinglie made his Surrender; which condition and surrender in Law is Void, because his daughter was formerlie married to Florence aforesaid; as alsoe that the said surrender was never duly perfected. Moreover Donell Mac Cormac Leirie, Father to the said Earle, in his lifetime entayled all these lands to his onlie sonne the aforenamed Earle of Clancar and his heirs; and for want of such issue in him, to the heirs of James Earle of Desmond by Ellen his daughter, wife to the said Desmond, and sister to the aforenamed Earle of Clancar, and the remainder to the right heirs of the aforesaid Ellen for ever, which [right heir] is Ellen daughter to the Earle her brother, and wife to Florence aforesaid, considering that the said Earle of Clancar survived Sir James of Desmond her sonne, and Eleanore, wife to Edward Butler, her daughter, who both died witout issue. This Entayle made by Donell Mac Cormac Leirie was perfected, and diverse of the witnesses yet living that were at the perfecting thereof, in the first and second yeare of Phillip and Mary, and now readie to be produced.