Page:The Complete Peerage Ed 1 Vol 1.djvu/256

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234 BANBURY. in Trin. term 1694 by the unanimous judgment of Lord Chief Justice Holt and the three other Judges of the King's Bench, who adjudged "the replication [of the Attorney Gen. against the] peerage] bad, and the Resolution of the Lords invalid." Four years afterwards the Earl again petitioned for his writ, which on 18 Jan. 1698 was again referred to the Lords, who referred the King to their former resolution, taking the opportunity, however (somewhat to the detriment of the dignity of their house), to endeavour to browbeat the Judges for their official judgment. On 19 March 1712 the Earl again petitioned the Crown who referred it to the Privy Council, but the death of the Queen stopped further proceedings ; again, on the accession of George II, he presented a like petition to that King, but Sir Philip Yorke, the Attorney Gen. (to whom it had been referred), pointed out in his report thereon, Jan. 1727-8, the advisability of, in this ease, not referring the matter to the House of Lords (as was the usual course) considering the disagreement as to the law governing this claim between that House and the King's Bench. Accordingly no such reference wai made and nothing more was done in the matter till the lapse of some SO years. The Earl m. firstly, before July 1693, Elizabeth, da. of Edward Lister of Burwell, bo. Lincoln. She was living Sep. 1696. ( d ) He m. secondly, Mary, da. of Thomas Woods of St. Andrew's, Holborn, merchant/") by Mary Harwood his wile, He d. in France Aug. 1740. His widow d. at Bath and was there bur. 12 May 170^. Admou. 28 July 1762. [Charles Knoi.lys, styled Viscount Wallingford, s. and h. ap. by 1st wife, b. 15 Oct. 1694 and bap. 12 Nov. following at St. James' Westm. Hed. an infant and was bur. there 26 April 1695.] [William Knollys, .<ftjlfd Viscount Wallingford, 2nd but 1st surv. s. and h. ap. by 1st wife (twin with Charles). He m. Mary Catherine, da. of John Law the celebrated financier, but (/. s.p. and v. p. June 1740, and was bur. in the chapel in South Audley street, St. Geo. Hau. sip Will dat. 6 and pr. 14 June 1740. His widow was bur. with her husband. Will dat. 23 Dec. 1784, pr. 27 Oct. 1790 ] V. 1740. 5. Charles (Knoi.lys), Earl of Banbury, &c, 3rd but 1st surv. s. and h. by 2nd wife, b. 26 March and bap. 14 April 1703 at St. James' Westm. Matric. at Oxford (Ch. Ch.), 9 .May 1722, as "s. of the Earl of Banbury ; " B.A 1725 ; M.A 1728 ; Vicar of Burford, Oxon., 1 7.">0-/l. He m. Martha, da. of ( — ) HDOHE8 of Southampton. He d. 13 March 1771 and was bur. 19th at Burford. Admon. 6 April 1771 to his widow. Further admou. 4 Oct. 1771. His widow was bur. hy hhn at Burford 17 Sep. in the same year. VI. 1771. 0. William (Knollys), Eahl of Banbury, &c, s. and h. b. 21 Oct. 1726 and bap. 21 July 1727 at St. Michael's, Southampton. Lieut. Col. in the army. He d. uuin. 29 Aug. 1776 and was bur. 5 Sep. at Burford afsd. S ( d ) A certain Elizabeth Price claimed to be his first wife, alleging that she was m. to him at Verona, 7 April 1692. See " The true Countess of Banbury's Case* relating to her marriage, rightly stated in a letter to the Lord Banbury." London, printed 1696, small folio, pp. 34. In this " case " the lady states that Lord B. took her house in Pal Mall in May 1689, and then travelled with her abroad from Nov. 1689 till Easter 1692 when the marriage took place as above stated. A certificate thereof from the Archbishop of Verona to Dr. Oxeuden, Dean of the Arches, is given. The marriage with " Mrs. Lister " is therein said to have been first put forth as having taken place in 16S6, and secondly as having been on 16 May 1689 at the Nag's Head ale house in Covcnt Garden by (the notorious) Dr. Cluer, late Vicar of Croydon. ( c ) For a pedigree of this family of Woods see "Her. and Gen.," viii, 19L

  • A copy is in the private collection of the College of Arms, London, marked

" C. G. Y.," No, 203.