Page:The Complete Peerage Ed 1 Vol 1.djvu/223

 AUDLEY. 201 [I. lGS'f.] 22. James Tuchet, s. and h., restored to the name, - rTTT ,/.*. Q style, state, degree, dignity, title and honour of Earl ok Castle- II1. 1678. HAVES.&e. [ I.J, and also of Baron Audley of Hely [E.], to him and hi.s heirs for ever, by letters patent 3 June 1634. ( a ) After this restoration he was allowed in the House of Lords the precedency of the ancient Huron J) of Audley, but such allowance appears to have been made in error as the Crown ( alone) has not the power of restoring a forfeited Peerage, and " it is clear that in former instances it had been considered that the authority of the Legislature was necessary to restore a dignity lost by attainder." This authority was accordingly afterward) obtained, anil it was enacted by Act of Pari. (29 and 30 Car. II) 167S, that " the said James, Lord Audley, Baron Audley of Hely, Earl of Castlehaven, and the heirs of his bidy begotten, and immediately after them, Mervin Tuchet, 3rd son of the said Mervin, Lord Audley, and the heirs of his body begotten, and after them, then the daughters of the said Mervin, Lord Audley and their heirs, shall and may from henceforth have, hold, and enjoy, and shall be and are hereby restored unto the honour, dignity, state, authority, and title of Baron Audley of Hely, with all and every the privileges, rights, prece- dencies, and pre-eminences thereunto belonging, as fully, amply and honourably to all intents and purposes as the said Mervin, Lord Audley at any time, or George, Lord Audley, father of Mervin, at any time during his life, did or might hold and enjoy the same, any matter, cause, or thing whatsoever to the contrary notwith- standing, and as fully, amply, and honourably as if George Tuehet,( b ) 2nd sou of the said .Mervin, Lord Audley, now beyond the seas, were naturally dead without issue."— See " Courthope," p. 30, and " 4th Report on the dignity of a Peer," pp. 318, 331-334.( c ). He d. s.p. 11 Oct. 16S4. XIV. 1084. 23. Mervin (Tucitet), Earl of Castlehaven, &c [[.]. and Lord Audley [E.], br. and h. He d. 1686. XV. 1C86. Jajies (Tuchet), Earl of Castlehaven, &c. [I.], and Lord Audley [E.], s. and h. He d, 12 Aug. 1700. XVI. 1700. ?Jt. James (Tuchet), Earl of [I.], and Loud Audley [E.], s. and h. He d. November 1740. XVII. 1710. g& James (Tcchet), Earl of Castlehaven, &c. [L], and Lord Audley [E.], s. and h. He d. umn. 1769. XVIII. 17G9. 27. John Talbot (Tuchet), Earl of Castlehaven, &c. [L], and Lord Audley [E.1, br. and h. He (/. s.p. 22 April 1777, when hi.s Irish Peerage dignities (as well as any that might have been created dc novo by the patent of 3 June 1634) became c.etinet, the English Barony by writ (1312) devolving as below. XIX 1777. .?<?. George Thioknesse (afterwards Tiiicknesse-Tou- chet), Lord Audley, nephew ami h., being 1st surv. s. of Philip ThiokNESSH of Farthiughoe, co. Northampton, Capt. in the army and Lieut.-Gov. of Languard point, co. Sull'olk,( J ) by his first wife Elizabeth, ( e ) only sister of the last two (") There is no special clause of precedency in this patent, merely the general words " all the rights, privileges, preeminences, precedencies and immunities thereto belonging." (') This exception was doubtless because George was a Benedictine Monk. P The reversal of the attainder applies only to the issue of Mervin, the 12th Loid, Ming which the Barony would again become. forfeited. (*) This eccentric character m, secondly Miss Foot, by whom also he had issue, and «• 1792. In his will, pr. 24 Jan. 1793, he desires his right hand to be cut oil' and sent to Ids s., Lord Audley, to " remind him of his dutv to God, after having so " abandoned the duty he owed to a father, who once affectionately loved him." (°) She m. 10 May 1749, and </. (30 years before her husband) 30 March 1762.