234 CLANRICARDE (Rich), Earl of Warwick, and before that of Richard Rogers, of Bryanston, Dorset, da. of Sir Thomas Cheke, of Pirgo, in Essex, by his 2nd wife, Essex, da. of Robert (Rich), ist Earl of Warwick.^) He was living Nov. 1702, but d. s.p.m.s.(^) IX. 1704.^ 9. John (Bourke), Earl of Clanricarde, &Pc. [I.], br. and h. male of the whole blood. He was b. 1642, and was Col. of a regt. of Infantry in the Army of James II. He was cr. by that King, 2 Apr. 1689 (some four months after his exclusion from the throne of England), by writ of summons,('=) BARON BOURKE OF BOPHIN, CO. Galway [I.J.f^) He fought on behalf of James II as a Col. of Foot, and being taken prisoner at the battle of Aughrim, 12 July i69i,(') was attainted. A bill for his restoration in 1698, was rejected. (') Having conformed to the Established Church in 1699, he was by Act (i Anne) 1702, acquitted of all treasons and attainders, and restored in blood and estate. (^) Soon after this he sue. his br. in the family honours. He m., {f) He is said by Lodge to have m., 2ndly, as her 3rd husband, Anne, as in the text, but she must have been considerably his senior, and have been a widow for about 25 years when he m. her, and there is no evidence to support the statement. O'Ferrall, usually a good authority, says that he m. Bridget, da. of Theobald, 8th Viscount Dillon, by Mary, da. of Sir Henry Talbot, of Templeogue, co. Dublin, but he gives him no other wife, though it is certain that he w., istly. Miss Bagnall. V.G. C") His s. was living 20 Feb. 1679/80, and then "of an age capable of being instructed, as well in the principles of religion as in other good learning." V.G. if) It is remarkable " that the only writs of Parliamentary summons creating hereditary peerages by express words are four, v/z., one in England, whereby in 1 449 Henry VI cr. Henry Bromflete Lord de Fesci ; and three others in Ireland, whereby James II in 1689 (after his deposition from the Kingdom of England) cr. Sir Alexander Fytton Baron Fytton of Gosworth, co. Limerick, Thomas Nugent Baron Nugent of Riverston^ co. Westmeath, and John Bourke Baron Bourke of Bophin, co, Galway." {Lynch, pp. 359-360). Except for these three last cases the creation of peerages by writ of summons is unknown in Ireland. See vol. i, Appendix A. V.G. (f) He was one of the seven Irish Peers cr. by that monarch after such exclusion, but at a time when he was in possession of all his Royal rights, as King of Ireland; all seven of such creations being duly inscribed on the Patent Rolls [I.], from which they have never been erased. See vol. i. Appendix F. (f) See a list of such Peers as were so taken, ante, vol. ii, p. X02, note "a." (*) The reason for this rejection was that the Irish House of Commons got wind of the fact that he had had to agree to pay a bribe of ^^7, 500 to the King's minion, the young Earl of Albemarle, who had already been loaded with enormous grants of land (see vol. i, p. 92, note "a"), and they naturally resented the "clandestine bargain." {Hist. MSS. Com., House of Lords MSS., vol. iv, N.S., p. 45). V.G. (s) According to his petition to the Commons, 7 May 1 702, "on the surrender of Galway he was assured by the Earl of Athlone that he would be allowed to enjoy his estate and benefit by the articles of capitulation. He therefore submitted to his Majesty's Government and obtained his enlargement, and on the aforesaid expectations returned home and took the oath of allegiance." Nevertheless he had been deprived
