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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A63501 The true Countess of Banbury's case relating to her marriage rightly stated in a letter to the Lord Banbury. Price, Elizabeth, 17th cent. 1696 (1696) Wing T2667; ESTC R12414 29,409 37

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of the Church whereupon I did Celebrate this Marriage Juxta Ritum Ecclesiae and therefore I hold it to be valid Being interrogated If he came Voluntarily or by Request to be Examined He answered I came by the Order of the Court brought to me by the Messenger Being interrogated If any thing was given or promised or offered to him for giving his Testimony herein he answered No. Then proceeding to Examine him on the said First Article being interrogated if he doth know the Noble Lord Charles Knolls Earl of Banbury and Elizabeth Price Countess of Banbury did Contract between them a true pure and lawful Marriage and did afterwards Solemnize the same legally in the Face of the Church and how and when in what place and before what Witnesses specifying every thing distinctly He answered On the Seventh day of April 1692. which was the Second Feast or Tuesday of Easter being in the Morning in the Sacristy of the Nuns of the Order of St. Daniel of this City where I was Confessor in Ordinary to the said Nuns the most Reverend the Vicar-general of the Bishoprick coming thither to say Mass told Me That a Licence for Marriage of an English Gentleman and Lady was to come to me he having granted a Licence to that purpose and directed to me And on the same Day in the Afternoon a little before the Vespers there came to my Parochial House Father Gasparino at that time Rector of the College of St. Sebastian in this City accompanied by Father Francisco Donati Reader of Philosophy both of the Company of Jesus and he told me That two English Noble Persons were shortly to come thither namely a Gentleman and a Lady to be married together the most Reverend the Vicar-general having granted them a Licence directed to me and at the same time Father Gasparino presented the said Licence to me telling me That these two English Persons having given to each other their Word to Marry and made Espousal Promises and Contracts between them were coming to Celebrate this Marriage there I asked him if they were really Catholicks And he answered me That he had instructed them for the Contracting Matrimony Conform to the Rites of the truly Roman Catholick Church and for that purpose they were gone to make their Devotions in the Church of St. Sebastian And I believe he also told me they had deposed in the Bishop's Court That they were both free from any other Matrimonial Ingagements In the mean time the said Gentleman and Lady came in a hired Calash with two Horses and did alight at the Door of the Church-yard of my Church of St. Quirico and Julica upon the Street called Via Nova and I with Father Gasparino and Father Donati received them in the Church where Kneeling before the High Altar and making a short Prayer before the Sanctissimo or Sacrament I introduced them into my Parochial House into a Chamber up One pair of Stairs where my Study is and having caused a Crucifix to be placed upon a Table and two Cushions on the Ground I asked the said Gentleman and Lady before the Celebration of the Marriage If according to the Licence brought to me by the said Father Gasparito and by me then held in my Hand and shewed to them they were willing to Contract Matrimony between them according to the Rites of the Holy Church and they both answered me Yes and that they were come for that purpose Then I prayed Father Gasparino and Father Donati that they would be pleased to be present as Witnesses required for the Act of the Celebration of this Marriage and so in their presence I caused the said Gentleman and Lady to Kneel down before the Crucifix and having called them by their Names as in the Licence was set down Saying Lord Charles Earl of Banbury are you Contented to take the Lady Elizabeth Price now present to your lawful Wife according to the Rites of the Roman Catholick Church He answered me Yes Sir And then having asked the Lady saying Elizabeth Price Are you contented to take in like manner for your lawful Husband Charles Earl of Banbury now present according to the Rites of the Holy Roman Catholick Church and she also answered Yes and in this manner having received their mutual Consent they gave hands each to other and I said these words of the Ritual The Latin in English signifies I Joyn you in Matrimony in the Name of the Father Son and Holy Ghost Amen Ego Conjungo vos in Matrimonium in nomine Patris Filii Spiritus Sancti Amen And then I blessed the Ring which was on a Silver Plate which I caused to be set there for that purpose and I gave it into the Hand of the said Earl Charles Knolls that he should put it on the Finger of his Consort Elizabeth which he did Then I proceeded with the usual Prayers of the Roman Ritual which being ended I caused them to stand up and immediately noted down the Witnesses required hereunto that I might Register an Act thereof in the Book of Marriages of my Church and this being done the said Gentleman and Lady took their leaves But before they went away they discoursed apart with Father Decio Gasparino and then in going down the Stairs the said Father Gasparino gave me in the Name of the said Gentleman and Lady half a Pistole as a Gratuity without any Request or Demand and I accompanied them thorow the Church to the Gate of the Church-yard where I stopped with Father Gasparino and Father Donati and I sent my Servant to wait upon them to the Calash where the Gentleman delivered a Silver Cup to him to carry it to the Sacristan of the Jesuits in St. Sebastian where he accordingly carried it and it was received by the said Sacristan and the said Gentleman and Lady being seated in the Calash they went away immediately towards Mantua whither as Father Gasparino told me they were going Being interrogated of the Stature Shape and Age of the said Charles and Elizabeth he answered The Gentleman was of middle Stature as I think aged about Thirty Years with a Peruke and Sword his Face rather inclining to pale than fresh Colour The Lady was of an ordinary Stature fair dressed according to the modern Fashion of Ladies with a Girdle close to her Body her Age seemed to be of Twenty Four or Twenty Five Years both of a Noble and Courteous Aspect Being interrogated if the said Noble Persons Charles Knolls and Elizabeth Price were the same Persons and no other Persons he answered I know that Father Gasparino told me they were the same Persons as the Licence mentioned That is Charles Earl of Banbury and Elizabeth Price of the English Nation I took them for the same and called them so in the interrogating them and as such they answered me and contracted Matrimony so I conjecture that they were truly the same And it is very true that the Marriage was Celebrated by me
'em was Dr. Cluer late Vicar of Croydon a Person so famous that whoever knows his Name knows his Character Mary Bolwel Frances Conac Rich. Huet Tho. Vincent you might have found him often in Newgate He was the wicked Priest that was made use of in the famous Marriage of Mrs Wharton And in my Case is proved Guilty of Perjury Subornation and all the Scandalous Crimes that can be named But in particular and that is in the very Point in question of giving False and Antedated Certificates to several Persons that he had Married than which nothing is more Pernicious and Dangerous to Heirs and Wives and of which I am an Unfortunate Example And after all to Consummate the Solemnity of this Notable Business a single Journeyman for the Witness To conclude all I shall only add That when my Lord was a Prisoner upon the Death of Mr. Lawson and his Life and Fortune in Danger neither Litster her self or any of her Relations came near him And surely if she had look'd upon her self as his Wife she wou'd not undoubtedly have let slip that Opportunity of making her Claim And now I leave the Reader and the World to Judge which is the true Child POSTSCRIPT HAd I not tied my self up to Truths and Facts proved by Witnesses and Records beyond Contradiction I could have made this Narrative much Pleasanter to the Reader and my Vindication Stronge r and yet not have err'd from Truth These Letters following being a further Proof of the Care that was taken in the Examination of the Foreign Witnesses ought to have been inserted in Page 16. but being omitted there I think it is not amiss to place them here To the most Reverend Lord Henry Vralando Bishop of Mantua in Mantua Most Reverend Sir WHereas a certain Matrimonial Cause hath been committed to us by the Court of Canterbury of the Arches London for examining some Witnesses living in these Parts of Italy at the Request of the Noble Lady Elizabeth Countess of Banbury in the Diocess of London and Province of Canterbury against the Noble Lord Charles Earl of Banbury and Elizabeth Lister upon Articles in the said Court produced And whereas amongst other Witnesses Nominated ad probandum some Witnesses living in your City are named upon the Third Fourth Fifth Sixth and Seventh of the said Articles who cannot be had in this City Therefore in favour of Justice we pray and request your Reverence to cause to be cited before you the Witnesses hereafter named and a Notary or Secretary being assumed and Oath administred to them to speak the Truth cause them to be examined diligently and separately upon the annexed Articles and Interrogations and to cause all other Witnesses if any shall be produced to be examined and send their Depositions subscribed by them and the Notary to us closed sealed and revealed to no Person In the mean time being ready to do the like and greater Services we wish your Excellence all increase of Happiness In Verona the 2d of September 1694. Your Reverence's most Humble and Obedient Servant Petrus Episcopus Veronensis To the most Eminent and Reverend Lord Cardinal Nigeroni Bishop of Faenza at Faenza Most Eminent and most Reverend Sir WHereas a certain Matrimonial Cause hath been committed to us by the Court of Canterbury of the Arches in London for the examining some Witnesses living in these Parts of Italy at the instance of the Noble Lady Elizabeth Countess of Banbury in the Diocess of London Province of Canterbury against the Noble Lord Charles Earl of Banbury and Elizabeth Lister upon Articles in the said Court produced And whereas amongst other Witnesses Father Decio Gasparino of the Society of Jesus is named and given in upon the First Second and Third Articles to make Proof upon the same and the said Father being at present in your City so that he cannot be had before us here Therefore in Subsidium Juris we do reverently pray and request your Eminence to cause the said Father Gasparino to be summoned before you and having a ssumed a Notary or Secretary and administred Oath to him to speak the Truth to be diligently examined on the Articles and Interrogations annexed and also the other Witnesses if any shall be produced to be interrogated and his and their Depositions by him and the said Witnesses subscribed and brought into authentick Form to be sent to us closed and sealed up and not revealed to any one In the mean time giving all Duties of Humility to your Eminence we wish you with profound Respect all Happiness In Verona the 2d of September 1694. Your most Humble and Obedient Servant Petrus Episcopus Veronensis To the Right Reverend the Archbishop of Bologna Most Reverend Sir WHereas a certain Matrimonial Cause hath been committed to us by the Court of Canterbury of the Arches of London for the Examination of certain Witnesses living in these Parts of Italy at the instance of the Noble Lady Elizabeth Countess of Banbury of the Diocess of London in the Province of Canterbury against the Noble Lord Charles Earl of Banbury and Elizabeth Lister upon Articles produced in the said Court And whereas amongst other Witnesses the Reverend Father Francisco Donati of the Society of Jesus is nominated ad probandum upon the First second and Third Articles and the said Father being at present in your City so that he cannot be had before us Therefore in Juris Subsidium we do Pray and Request you That you would cause the said Father Donati to be Summoned before you or your Vicar and having assumed a Notary or Secretary and Oath being Administred to him to speak the Truth cause him to be diligently Examined upon the Articles and Interrogations annexed and also the other Witnesses to be interrogated if any shall be produced and his or their Depositions by the said Witness or Witnesses subscribed to be sent to us in Writing in authentick Form closed sealed and to none revealed In the mean time offering our Service to your Reverence we wish you all Happiness Verona the 2d of September 1694. Your Servant Petrus Episcopus Veronensis FINIS