Page:The Complete Peerage Ed 2 Vol 1.djvu/455

 BANBURY COMPLETE PEERAGE 405 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 Mar. 1712 the Earl again petitioned the Crown, who referred it to the Privy Council, but the death of the Queen stopped further proceed- ings ; again, on the accession of George II, he presented a like petition to that Kino;, but Sir Philip Yorke, the Attorney Gen. (to whom it had been referred), pointed out in his report thereon, Jan. 1727/8, the in- advisability in this case, of referring the matter to the House of Lords (as was the usual course) considering the disagreement as to the law govern- ing this claim between that House and the King's Bench. Accordingly no such reference was made and nothing more was done in the matter till the lapse of some 80 years. The Earl m., istly, 16 May 1689, at the Nag's Head Coffee-house, James Str., Covent Garden, (Dr. William Cleaver, the notorious Fleet Parson officiating) Elizabeth, (*) da. of Michael Lister, of Burwell, co Lincoln, by Ann, da. of Abraham Burrell, of Medloe, Hunts. She, who was bap. 7 June 1663, at South Carlton, CO. Lincoln, was bur. 31 Dec. 1699, at Egham, Surrey, as Countess of Banbury. He m., 2ndly, 30 Apr. 1702, at St. Bride's, London, Mary, da. of Thomas Woods, of St. Andrew's, Holborn, merchant, (*") by Mary Harwood, his wife. He d. at Dunkirk, 26, and was bur. 28 Aug. 1740, aged 78. His widow d. 'i May 1762, at Bath, and was bur. at St. James's there. Admon. 28 July 1762. [Charles Knollys, styled Viscount Wallingford, s. and h. ap. by 1st wife, b. 15 Oct., and bap. 12 Nov. 1694, at St. James's, Westm. He d. an infant, and was bur. there 23 Apr. 1695.] [William Knollys, styled Viscount Wallingford, 2nd, but ist surv. s. and h. ap. by ist wife (twin with Charles). Major in the Horse Guards. M.P. (Whig) for Banbury 1733-40. He m. his ist cousin, C) A certain Elizabeth Price, said to have been a lady at the Court of St. Germain, claimed to be his ist wife, alleging that she was m. to him at Verona, 7 Apr. 1692. See The true Countess of Banbury s Case* relating to her marriage, rightly stated in a letter to the Lord Biinhur London, printed 1696, small folio, pp. 34. In this " Case " the lady states that Lord B. took her a house in Pall Mail 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 Arch- bishop of Verona to Dr. Oxenden, Dean of the Arches, is given. G.E.C. The Court of Delegates, after three and a half years trial, pronounced, 13 Jan. 1696/7, against the marriage with ' Mrs. Price ' and in favour of that with ' Mrs. Lister, ' who ' was a gentlewoman of good reputation, and had children by his Lordship, ' whereas the other had none such, and ' had been a Player and mistress to several persons.' (See Luttrell's £)/«ry, 14 Jan. 1696/7.) V.G. (*) A copy is in the private collection of the College of Arms, London, marked "C.G.Y., " No. 203. (*>) For a pedigree of this family of Woods see Her. and Gen., vol. viii, p. 191.