Page:The Complete Peerage Ed 2 Vol 4.djvu/261

 DESMOND 243 Nicholas (fitz Morice), next br. and h., aged 19 or 20 at his brother's death. He was an idiot,('') and never possessed the Earldom nor had seizin of his inheritance.('') III. Before 3. Gerald or Garrett (fitz Morice), Earl of 1363. Desmond, next br. and h.^) He was given the custody of the lands of his br., Morice, 3 July i358,('') and had livery thereof, 20 July 1359, on condition of maintaining his br., Nicholas. Q He was sum. to a Council at Waterford, 18 Mar. 1358/9, by writ directed GeralJo filio Mauricii fitz Thomas nuper Comitis Dessemon(') Was appointed a commissioner to inquire concerning the oppressions (*) Order to the Justiciar of Ireland to examine Nicholas, s. of Morice late Earl of Desmond, and if he is found to be an idiot, to take his lands into the King's hand and deliver them to the custody of Ralph, Earl of Stafford, and if necessary inquire whether Nicholas has been an idiot from birth or for how long, as the King is informed that Nicholas is an idiot incapable of taking care of himself or his lands, and it pertains to the King to provide for the supervision of the lands of idiots, that they be not wasted nor alienated: 8 Oct. {C/ose Roll, 32 Edw. Ill, m. 12). C") There is no authority for the date, 1367, given for his death. It is due to some genealogist who thought that Gerald, the 3rd Earl, first appeared as such in 1367. Lodge, who states that Nicholas left male descendants (the MacRobertsof Bellamullin), makes John, younger br. of Nicholas, to have been his elder br., and 3rd Earl from 1358 to 1369. John indeed d. in 1369, according to Grace's obits, but Grace does not call him, nor was he ever. Earl of Desmond. C^) He was son of the 1st Earl by his 3rd wife, Aveline. See p. 240, note "g." C) The King, in order to allay the "magna commocio et guerrina perturbacio," which after the death of Morice, Earl of Desmond, had arisen among the Irish enemies and the English rebels in Munster, conceded to Gerald of Desmond, the said Earl's br., the custody of all the castles, lands, and serjeanties, in cos. Waterford, Cork, and Kerry, which the said Earl had held at his death, now in the King's hand by reason of the minority of the Earl's heir: also the custody of the lands in Ossory belonging to Nicholas of Desmond, br. of Gerald, in the King's hand by reason of the minority of Nicholas or because he is an idiot: to hold during the King's pleasure, paying yearly as much as shall be agreed: 3 July. {Patent Roll [I.], 32 Edw. Ill, no. 11). (') The King, considering the probity, sense, and virtues, inherent in Gerald, the younger of the brothers {fratre juniore) of Morice fitz Morice, late Earl of Des- mond, ordains that Gerald shall marry the eldest da. of James le Botiiler, Earl of Ormond, "absque donacione propter nupcias eidem Geraldo aliqualiter facienda." And in place thereof has granted to Gerald all the castles, landh, liberties royal or otherwise, tJc, late of the said Morice, which are in the King's hand by reason of the death of Morice, and the idiotcy of Nicholas, the elder of the brothers [fratris seniorls) of Morice, to hold as long as they are in the King's hand for the said cause, provided that Gerald find the said Nicholas his elder br. [fratrem suiim seniorem) in food, clothing, and other necessaries. Mandates to the said James, Earl of Ormond, Justiciar of Ireland, and to Ralph, Earl of Stafford, to deliver the premises to Gerald and the said da. of Earl James: 20 July. {Close Roll, 33 Edw. Ill, m. 22; Patent Roll, p. 2, m. 19). {') Close Roll [I.], 33 Edw. Ill, no. 22.