DIE Sabbati, 29 Januarii.
Domini tam Spirituales quam Temporales præsentes
Epus. St. Asaph.
Dux Leeds, Ds. Præses.
Dux Devon, Ds. Senescallus.
Ds. Willughby Er. 2.
Ds. Audley. 1.
Ds. Berkeley Ber.
Ds. Howard Esc.
vice lecta est Billa, intituled, "An Act to
enable the Trustees of William Knot Gentleman and
his Wife to sell a Lease of Houses in Breadstreet,
London, for Payment of Debts; and to settle another
Estate, of better Value, in Lieu thereof."
The Lord Ferrers reported from the Committee, the
Bill, intituled, "An Act to enable Thomas Kynnersley
Esquire, an Infant, to make a Jointure and Settlement
of his Estate," as fit to pass, without any Amendment.
To which the House agreed; and ORDERED, That
the said Bill be engrossed.
The Order being read, for considering the Petition of
the Person who claims the Title of Earl of Banbury:
The Petition to His Majesty, and His Majesty's Reference thereupon to this House, was read, as follows;
Knowles's Petition to the King, claiming the Title of Earl of Banbury.
"To the King's most Sacred Majesty.
"The humble Petition of Charles Knowles, Son and
Heir of Nicholas, Brother and Heir of Edw'd,
Son and Heir of William late Viscount Wallingford and Earl of Banbury;
"That His late most Excellent Majesty King Charles
the First, by His Letters Patents under His Great
Seal of England, bearing Date at Cambury, the
18th Day of August, in the Second Year of His
Reign, of His special Grace, certain Knowledge,
and meer Motion, did prefer and create William
then Viscount Wallingford to the State, Degree,
and Honour, of Earl of Banbury; and did give to
him the Name, Style, and Dignity thereof; and
with the said Name, Degree, and Dignity of Earl,
did really invest and nobilitate him; to hold the same
to him the said William, and the Heirs Males of his
Body issuing, for ever: That, by Force of these Letters Patents, the said William became seised, to him
and the Heirs Male of his Body, of the said Earldom;
and accordingly had enjoyed Place and Precedency in
the House of Peers as an Earl of this Kingdom:
That the said William died so seised, leaving Edward
and Nicholas his Issue: That Edward died under Age,
and without Issue; whereupon the same Title descended to Your Petitioner's said Father Nicholas, and
he became thereby rightfully entitled to the said Name,
Title, and Dignity, and was accordingly reputed,
deemed, and taken, as Earl of Banbury, and as
such sat in the House of Lords in the Convention
Parliament upon the Restoration of King Charles the
Second: That afterwards, some Dispute arising concerning the Precedency of the said Nicholas, and the
Influence of the late King James, then Duke of
Yorke, prevailing against him Your Petitioner's said
Father, he was forced to withdraw, and forbear the
Use of his Right of sitting in the House, as a Peer
of this Realm, during his Life, although he had
proved his Legitimacy and Heirship by Four Witnesses, sworn at the Bar of the House of Peers, and
examined at a Committee; who made a Report accordingly in Favour of his Right, as by the Proceedings in the House more fully appears: That, by his
Decease, the said Title and Dignity descended to and
upon Your Petitioner as his Son and Heir: That, Your
Petitioner having had the Misfortune of being accused
and imprisoned for the killing of Phillip Lawson,
Your Petitioner did, for his Trial, and in order to have
it, according to the Laws of this Realm, by his Peers,
petition the House of Lords thereupon; whereas
Your Petitioner ought in Duty, and according to the
legal Methods in Cases of this Nature used and approved, to have made his Application to Your most
Sacred Majesty, as the Fountain of all the Honour
within this Realm; and accordingly the said misadvised Petition was dismissed: And Your Petitioner
further humbly shews, that then Your Petitioner was
indicted, for the Offence abovementioned, by the Name
of Charles Knowles; and upon his Arraignment in the
King's Bench, Your Petitioner did plead his said Title,
and the Descent thereof to him in Manner aforesaid;
and that therefore his Name was Charles Earl of
Banbury: To which Your Majesty's Attorney replied
the Dismission of the said Petition by the House of
Peers; that thereupon Your Petitioner demurred; and,
after many long Arguments, Judgement was given, by
the Right Honourable the Lord Chief Justice Holt
and the rest of the Judges there, in Favour of Your
Petitioner's Name and Title: That Your Petitioner
stands likewise indicted, by the Name of Charles Earl
of Banbury, for the same Offence; and that the same remains undetermined, for the Reasons aforesaid: That,
by reason of the Premises, Your Petitioner did suffer
long Imprisonment and great Expences, and is still
under the same Accusation by the Name of a Peer,
and as such hath been taxed upon the Poll Act; and
during Your Petitioner's Troubles, Writs have issued
out of Your Majesty's Court of Exchequer for the
same Charge as a Peer, which he hath since satisfied.
"Now, forasmuch as Your Petitioner humbly
conceives himself well entitled to the said
Title and Dignity, and that Your Petitioner
may be the better enabled to shew and manifest his Zeal for Your Majesty's Service, as
by the Duty of his Allegiance he is obliged:
Your Petitioner humbly prays Your Majesty's
tender Consideration of the Premises; and
that You would be pleased to declare Your
Royal Pleasure in Favour of Your Petitioner's
said Right, by granting him a Writ of Summons to Parliament; or to recommend Your
Petitioner's Case to an Examination by the
Lords Spiritual and Temporal in Parliament
assembled, in order to Your Majesty's more
certain Information of the Truth of the Premises; or otherwise to do herein as to Your
Majesty's great Wisdom shall seem most meet.
"And Your Petitioner shall, as in Duty
bound, daily pray for Your Majesty, &c.
King's Refrence of it.
"We are graciously pleased to refer this Petition to
the House of Peers; to examine the Petitioner's Claim
and Title therein mentioned; and to certify Us,
how the same shall appear to them, with their Opinion thereupon.
"Given at Our Court, at Kensington, the 18th
Day of January, 1697, in the Ninth Year
of Our Reign.
"By His Majesty's Command.
After Debate thereupon;
Committee to prepare a Representation concerning former Proceedings on this Claim.
These Lords following were appointed, to draw a
Representation, to be presented to His Majesty,
of what Proceedings have been formerly in this
House, in relation to this Matter; and report
to this House.
Dux Leeds, Ds. Præses.
Ds. Howard Esc.
Their Lordships, or any Five of them; to meet
on Tuesday next, at Eleven of the Clock in the
Forenoon, in the Prince's Lodgings near the
House of Peers.
And it is ORDERED, That this Committee do meet
again on Thursday the Third Day of February next, at
Eleven of the Clock, in the same Place, to consider of
the Proceedings in the Court of King's Bench, since
the Judgement of this House 17° Januarii, 1692, in
relation to this Matter; and have Power to send for
Persons, Papers, and Records; and report to this House
their Opinion thereupon.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ prox.
futur. (videlicet,) tricesimum primum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.