Page:The Complete Peerage Ed 2 Vol 1.djvu/498

 44« COMPLETE PEERAGE barry Lord Deputy [I.], by Elizabeth, da. of John Lany, Alderman of Dublin. He d. 9, and was bur. 14 Feb. 1672/3, at St. Mary's Chapel, Christ Church, Dublin. II. 1673. 2. Richard (Barry), Baron Barry OF Santry [I.], s. and h. Matric. Oxford (Jesus Coll.) 5 Dec. 1651 ; admitted to Line. Inn, 17 Aug. 1660 ; barrister, 1666. He did not sit in James II's Irish Pari., May 1689, (*) by which he was provisionally attainted, but took his seat in Oct. 1692. He m. (lie. Vic. Gen. 11 Sep. 1660, he aged 23 and she aged 15) Elizabeth, da. of Henry Jenery, of the Court of King's Bench [I.]. She d. 6, and was bur. ij Feb. 1682, at Santry. He d. Oct. 1694, and was bur. at Santry. Will dat. 25 Oct., pr. 10 Nov. 1694, in Dublin. III. 1694. 3. Henry (Barry), Baron Barry OF Santry [I.], 4th, but 1st surv. s. and h., b. 1680. Ed. at Eton 1698. Gov. of Londonderry and Culmore fort. P.C. [I.] 30 Nov. 1714. C') He m., 9 Feb. 1702, Bridget, da. of Sir Thomas Domvile, Bart. [I. 1686], of Templeogue, co. Dublin, by his ist wife, Elizabeth, da. of Sir Lancelot Lake, of Canons, in Whitchurch, Midx. He d. at Santry, 27, and was bur. there 29 Jan. 1734/5. Will pr. 1736, Prerog. Court [I.]. His widow d. 21 Aug., and was bur. 8 Sep. 1750, at Santry. IV. 1734 4. Henry (Barry), Baron Barry OF Santry [I.], only to s. and h., b. 3 Sep. 17 10, at St. Mary's, Dublin. He was 1739 tried for the murder of Laughlin Murphy, a footman (whom in a fit of passion he had stabbed 9 Aug. 1738, but who did not die till 25 Sep. following), and being found guilty was attainted and condemned to death, 27 Apr. 1739, whereby his Peerage as well as his estates were forfeited, but as regards the former only for the period of his own life. (") On 17 June following he obtained pardon under (') For a list of peers present in, and absent from this Pari., see volume ill, Appendix D. ('') His signature (together with those of the 2nd Duke of Bolton, the ist Baron Midleton, and other notables) appears on a document, dated 17 Aug. 17 19, seriously recommending the castration of all unregistered priests and friars, with a view to making the common Irish protestants. V.G. C) J. H. Round points out that by the attainder for felony the Barony was for- feited y«r lift, though preserved for the heirs by the statute De Donls, as now interpreted (see Palmer's Peerage Law in England, 1909, p. 199)- The peculiarity of this case is that he survived his attainder. V.G. At the time Lord Santry 's peerage was supposed to have been forfeited absolutely, and the same view was entertained in the case of Mervin (Tuchet), Earl of Castlehaven [I.] (see under that title), though, in both cases, the peerages being in /a/7 would not have been forfeited by the heirs according to the now received opinion, and to the precedent afforded by the Stourton case (1557) and confirmed (1760) in that of Ferrers. In the former case Charles, Lord Stourton, was attainted for felony and hanged for murder, as also, in the latter case, was Earl Ferrers, but in neither was there any forfeiture by the heirs, and consequently no act of restoration. See Courthope in " Observations on Dignities, " p. Ixviii.