House of Lords Journal Volume 15: 11 April 1694

DIE Mercurii, 11 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Wapping Parish Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for erecting a new Parish, to be called the Parish of St. John of Wapping, in the County of Midd'x."

ORDERED, That the Consideration of the said Bill shall be committed to the Lords following; (videlicet,)

Some of the Judges to assist.

Their Lordships, or any Five of them; to meet on Friday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Clippers, for better Discovery of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better Discovery of Clippers of the Coin of this Kingdom."

ORDERED, That the said Bill shall be read the Second Time on Friday next, at Eleven of the Clock; and the Judges to attend.

Paise versus Hindmarsh.

Whereas this Day was appointed for hearing of the Cause wherein Thomas Paise is Appellant, and John Hindmarsh and others are Respondents; the House being this Day moved, at the Request of the Appellant and Respondents, "That another Day may be appointed for hearing thereof:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Seventeenth Day of this Instant April, at Ten of the Clock in the Forenoon.

Account of Proceedings in the K. B. against Knowles, who claims the Title of E. of Banbury, for Murder of Lawson.

Then Their Majesties Attorney General delivered in an Account of the Proceedings in the Court of King's Bench, against the Person who claims the Title of Earl of Banbury.

Which was read, as followeth; (videlicet,)

"An Account of the Proceedings in the Court of King's Bench, against the Person who claims the Title of Earl of Banbury, delivered in by Their Majesties Attorney General, pursuant to an Order of the Right Honourable the Lords Spiritual and Temporal in Parliament assembled, of the 22th of March, 169 3/4.

A Bill of Indictment being found at Hicks' Hall, in December 1692, against Charles Knowles Esquire, for the Murder of Philip Lawson Gentleman, it was removed into the King's Bench; and the said Charles Knowles was in Hillary Terme following arraigned thereupon in the King's Bench, and put in a special Plea, in Writing, to this Effect: "That he ought not to be compelled to answer to that Indictment, because King Charles the First, by Letters Patents under the Great Seal (which he produced in Court), dated the Eighteenth of August, in the Second Year of His Reign, created William then Viscount Wallingford Earl of Banbury, and conferred upon him the Name, Style, Title, and Dignity of Earl of Banbury, to hold to the said William and the Heirs Males of his Body for ever: That Earl William thereby became seised of the said Honour of Earl of Banbury, to him and the Heirs Males of his Body, and died thereof so seised; and that the said Honour descended to Edward his Son and Heir Male of his Body, who became seised thereof, in Fee Taille, to him and the Heirs Males of the Body of the said William; and that he died seised, without any Issue Male of his Body; after whose Death, the said Title and Honour of Earl of Banbury descended to Nicholas Knowles, as Heir Male of the Body of the said William (that is to say) Brother and Heir of Edward, who was Son and Heir of the said William; by which, the said Nicholas was Earl of Banbury, and seised of the Title and Honour of Earl of Banbury in his Demesne, as of Fee Taille, to him and the Heirs Males of the Body of the said William then late Earl of Banbury issuing; and being thereof so seised, the said Nicholas died; after whose Death, the said Title and Honour of Earl of Banbury did descend to the Defendant Charles, as Heir Male of the Body of the said William late Earl of Banbury, (videlicet,) Son and Heir of Nicholas, Brother and Heir of Edward, who was Son and Heir of William; whereby the Defendant became, and yet is, seised of and in the State, Degree, and Honour of Earl of Banbury, in his Demesne, as of Fee Taille, to him and the Heirs Males of the Body of the said William issuing, and yet is Earl of Banbury; which he was ready to verify: And therefore he the said Defendant Charles, not being named in the Indictment by the Name of the Earl of Banbury, prayed Judgement of the Indictment, and whether he ought further to be compelled to answer to it." To this Plea, Their Majesties Attorney General, by Protestation, not acknowledging any Things in the said Plea to be true, replied, "That the Defendant ought to answer to that Indictment; for that he the said Charles Knowles, by the Name of Charles Earl of Banbury, the 13th of December, in the Fourth Year of Their Majesties Reign, exhibited a Petition, in Writing, to the Lords Spiritual and Temporal in Parliament assembled, thereby alledging and pretending that he then was, by Right of Inheritance, Earl of Banbury, and One of the Peers of this Realm, and then indicted for the Death of the said Lawson; and humbly prayed the Lords Spiritual and Temporal in Parliament assembled, that he the said Charles, of and for the Death of the said Lawson, might be tried by the Peers of this Realm; and that it was thereupon so proceeded, that, on the 17th of January following, it was, by the said Lords Spiritual and Temporal in Parliament assembled, according to the Law and Custom of Parliament, resolved, considered, and ordered, That the said Charles had not any Right to the said Title and Honour of Earl of Banbury, and that the said Petition should be dismissed, as by the Record thereof, amongst the Records of Parliament, more fully appeared; and prayed Judgement, that the said Indictment might be adjudged good, and that the Defendant might answer over to the Indictment."

"Some Time having been spent in Motions about the Pleadings, and in giving Rules for the Defendant to rejoin to the Attorney General's Replication, and about bailing the Defendant; and the Defendant having demurred to the Replication, wherein the Attorney General joined, and the Defendant not moving to make the Record a Concilium (as is usual for the Party to do that demurs); the Attorney General moved it in Michaelmas Terme last, and, by Rule of Court, it was made a Concilium, and appointed to be argued the then next Term, which was Hillary Terme last; in which Term, near the Beginning, it was argued by Counsel on both Sides; and, on the Defendant's Counsel's Motion, another Day was appointed for a further Argument the same Term, at which Day it was argued on the King's Behalf; and no Counsel then attending for the Defendant, the Court made a Rule, that the Defendant should answer over, unless Cause should be shewed to the contrary, the Saturday following; at which Time it was argued for the Defendant (there being then and at the last Argument only Two Judges in Court, One Judge dying in the Beginning of the Term, and another being absent by Reason of Sickness); upon which last Argument, the Court discharged the former Rule; and, upon the Defendant's Counsel's Motion, a further Concilium was made of it for the next Easter Terme.

"The Defendant is under Bail, Corpus pro Corpore."

Judges of the K. B. to attend about it.

Upon reading this Day an Account of the Proceedings in the Court of King's Bench, against the Person who claims the Title of Earl of Banbury:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That such of the Justices of Their Majesties Court of King's Bench as are now in Town, and not sick, do attend this House on Saturday next, at Eleven of the Clock in the Forenoon.

Poll Bill.

The House was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, "An Act for raising Money by a Poll, payable Quarterly, for One Year, for carrying on a vigorous War against France."

And, after some Time, the House was resumed.

And the Earl of Bridgewater reported, "That the Committee had passed the said Bill, without any Amendment."

Hodie 3^a vice lecta est Billa, intituled, "An Act for raising Money by a Poll, payable Quarterly, for One Year, for carrying on a vigorous War against France."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords agree to it.

A Message was sent to the House of Commons, by Sir Robert Legard and Mr. Holford:

To let them know, that the Lords have agreed to the said Bill, without any Amendment.

Warner versus North.

The House being this Day moved, "That Lee Warner Gentleman may withdraw his Appeal depending in this House, to which William North Gentleman (on Behalf of the Widows of Bromley Colledge, in Kent) is Respondent, consenting thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lee Warner (the Respondent having consented) hath hereby Leave to withdraw his Appeal, as desired.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, (videlicet,) duodecimum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.