BALVAI11D — BANBURY. II. 164 1. '2. David (Murray), Loud Balvaiiid [S.1 S. and h. On 28 Dec. 1058, by the death of his cousin James (Murray), Eahl of Anx*nui.k [S.J, he sue. him in the title of Viscount StOBMiVST [S.] ri&der the limitations in the intent of that title 16 Aug. 1621. See "STOKMONT," Viscount IS.], or. 1621. BALYANY, w BALVEN1E. in. " LORD MURRAY, BALVANY and GASK" [8.], so,; " Am- OLE," Marquess of [S.J, cr. 1676. U "LORD MURRAY, BALYEN1E and GASK " [Si], sec " Ath- OLE," Duke of [S.], a: 1703. LALVVEARIK. U " LORD KAITH, MONYMALL and BALWEARIE " [S.1 see " Melville," Earl of [S.j, er. 1690. BANBURY. Earls. l. Willi am Knollys of Rotlierliuld (hoys, A;c., Oxon, I 16°6 iU1 ^ °^ C uo ' ct; yi Caversham, &c, Berks, 2nd s. but h. male of Sir Francis Knollys, K. G., by Mary, sister of Henry, Loud Hunsdon da. of William Caiiy (by Mary, sister of Anne Boleyn, Queen of Hen. VIII), was b. about 1547, and sue. his father in the family estates abovenamed, HI July 1596. Ho was delegate to the States of Holland, 1599 ; Treasurer of the Household to Queen Elizabeth, 1601 ; and was er., by her successor, 13 Hay 1603, BARON KNOLLYS OF GREYS, co. Oxford ; Master of the Wards, 10 Oct. 1614 ; elected KG. 24 April 1615. On 7 Nov. 1616 ho was er. VISCOUNT WALLING- FOHD, co. Berks., and finally, on IS Aug. 1626, ho was c> EARL OF BANBURY, co. Oxford, with a clause ' ' that ho shall have precedency as if he had been created the first Earle after his Majesty*, accesse to the Crowue."( a ) This precedency was disputed (*) Precedency ok Peers in Pahl. by Royal Y arrant. The prerogative of the Crown as to the precedence of Peers of the same grade inter sc, has been frequently exercised, as in the case of " Somerset " (1397 ) by Rio. II ; of Dorset (i441), of Exeter, of Warwick, of Buckingham, of de Lisle, of Richmond Mid of Pembroke by Hen. VI ; of Dacre ok Gillesland by Ed. IV ; and of Pembroke (Marchioness) by Hen. VIII. This precedency, however, as regards place in Purl, was disputed iu the case of the patent of the Earldom of Banbury, in 1626, as being contrary to the Statute of Precedency of 31 Hen VIII, which regulates the order of certain great offices and which enacts " that all Dukes not afore mentioned, Marquesses, Earls, Vis- counts and Barons not having any of the offices afsd., shall sit and be placed after their aiicienty as it hath been accustomed." As to the meaning of the above phrase, Sir Harris Nicolas very seusibly remarks (in his " Observations on precedency in patents of Peerage") that " the purport of the clause appears to be that the former practise respecting the Precedency of Peers, excepting in the instances of those who held certain high offices, should remain as before the passing of the act." Anyhow very shortly after that act (1) Edward Conrtenay, a descendant, through the female line, of the old Earls of Devon, [temp. lieu. I), was cr. ( 1 553) Earl ok Devon "' to him and his heirs male" with a clause of precedency, viz. that he and his successors " were to enjoy in Par?., as well as in all other places whatsoever, such place and precedence as any of the ancestors of the said Earl, heretofore Earls of Devon, had ever had or enjoyed." (2) In 1557, Thomas, Lord Percy (who had been so cr. in tail male the previous day, being s. and h. of the attainted Sir Thomas Percy, uextbr. and, in his issue, h. to Henry, Earl of Northumberland) was cr. Raul of Northumberland also io tail male with a spec. rem. of each peerage in favour of hisyr. br. (such creation in no way amounting to a restitution), and with an especial clause granting the ancient place of the Earldom as it had been held by his ancestors, under which clause he sat in Pari, (as the second Earl of the realm) between the Earl of Armidel and the Karl of Westmoreland (Lords' Journals, vol. i, 533). (3) William Parr, the attainted Marquess of Northampton, being restored iu blood but not in honours was, on 13 Jan. 1559, again cr. by such title with the precedency of the former creation
