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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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Gella Substitute Proctor of the Right Honourable Elizabeth Countess of Banbury alias Elizabeth Price together with his Original Proxy We have with all willingness received and with like Diligence ordered Proceedings to be made upon the Contents thereof according to the Form of the same in the best way We could And whereas by reason of an Indisposition We could not go out of Our Episcopal Palace to Examine Witnesses and make these Proceedings We deputed the said Episcopal Palace to be the proper Tribunal but took Care nevertheless that Notice should be given at the Doors of the Parish Church of St. Quiric and Julich and of the Episcopal Palace and of Our Cathedral Church of Verona to the Right Honourable Charles Knolls Earl of Banbury and Elizabeth Litster and their Proctors But no body appearing notwithstanding their Contumacy We thought fit to proceed though not without some Doubts because the Interrogatories of the Party which in the Letters Remissorial were said to be Annexed and Sealed came not to Vs nor Our Tribunal But nevertheless considering the straitness of the Time and importance of this Cause We Ex officio out of Respect to Justice supplying that Defect gave Interrogatories by the stile of Court and having assumed a Notary specially required We took the Depositions of the Witnesses upon their Oaths with all Care Faithfulness and Integrity All which being faithfully reduced into Writing and closed sealed and opened unto none We remit to your Worship with these Presents But whereas some necessary Witnesses named to prove some Articles contained in the Libel are at present in very distant Cities to wit the Reverend Father Decius Gasparinus of the Society of Jesus is in the City of Faccia and the Reverend Father Francis Donati of the same Society is at the City of Bononia in Italy and others are in the City of Mantua so that they could not appear before Vs We considering the Necessity thereof Have requested the Right Reverend the Bishops of Ordinaries of these parts to take the Depositions of the same Witnesses in Form The Articles and Interrogatories being sent to them for that purpose whose Rescripts We expecting did not think fit to send this Our Proceeding without them Nevertheless lest they should not Arrive before the time assigned in the Letters Remissorial We have sent these Presents together with the said Proceeding written in Ninety Nine Leaves and Subscribed by Vs reduced into Valid and Authentick Form closed and sealed The Libel Additional Article and Authentick Certificate to Vs with the Letters of the said Court formerly presented being inserted to the End That as soon as may be they may be faithfully Exhibited to your Worship But as soon as ever We shall receive the Rescripts of the said Right Reverend Bishops and Depositions of the Witnesses residing in those Parts of Italy We will take Care in like manner to Transmit them under Seal For We promoting Justice willingly Imploy Our Office in a Thing so agreeable to Law and whenever Occasion shall be shall use your Worship with all Good Will and Favour Given at Verona from Our Episcopal Palace Saturday the 18 th of September in the Year of our Lord 1694. and Second Year of the Pope Having given an Account by the preceeding Letter of the Care that was taken in the Examinations I shall in the next place make an Exact Abridgment of all the Foreign Depositions except that of the Arch-priests that married us But his Evidence I shall transcribe at large Word for Word as it was taken in order to instruct the Reader in the Method that was used in taking the Depositions of all the rest of the Witnesses that were examined by Virtue of the Commission directed to the Arch-bishop of Verona and the Arch-priests Deposition is in manner and form following On Saturday in the Morning the 11th Day of September 1694. Before the most Illustrious and most Reverend Father in Christ and Lord Peter Leon by the Grace of God and the Apostolick See Bishop of Verona and Count c. and in this present Cause Judge on the Commission c. in the Chamber of his Residence in the Palace John Baptist Picolati Arch-Priest appeared personally the Reverend John Baptist Picolati of Verona Son of Francisco Doctor of Laws Arch-priest of the Parish-Church of St Quirico and Julica of this City aged as he said and by Aspect appeared Fifty One Years a Witness produced and cited by the Messenger as by his Report c. and brought to be examined on the first second and additional Articles contained in their Libel who being admonished to speak the Truth as well upon the Interrogations as upon the Articles and all this present Cause without Hatred Fear Love Gain c. and being sworn as he did swear with his Hand on the Holy Evangelists in the Hands of his said Reverence to the needful Interrogations he said and deposed as follows speaking in the Italian Tongue And first to the Admonition given him about the Weight of an Oath the Penalty of Perjury and the Importance of this Cause he answered I do very well know the Obligation of an Oath and I shall say nothing but the Truth To the first of the general Interrogatories being interrogated his Name Surname Father Country and Employment he answered I have already declared my Name Surname Age Father Country and Degree of Arch-priest and Employment as Parish-Priest Being asked if he knoweth the Noble Lord Charles Knolls Earl of Banbury and the Noble Lady Elizabeth Price Countess of Banbury he answered I know them no otherways than only that once they came to my Parochial House of St. Quirico and Julica to be married by the Bishop's Licence and upon that Occasion I knew their Names first by Father Decio Gasparini Rector of the Jesuits in Company with Father Donati Reader of Philosophy who came before them to give me Notice and a little time after the said Lord and Lady came and then they gave me their Names that is the Gentleman said his Name was Charles Knolls Earl of Banbury and the Lady Elizabeth Price both of England Being interrogated If he be a Friend related by Consanguinity Affinity Debtor or Creditor of the Parties He answered No I did never see nor was acquainted with them afterwards only upon the Occasion abovementioned Being interrogated if he did know what this present Cause was about and what he thinketh of it he answered As I have heard and by the many Attestations that I have made in Writing about this Cause I suppose that it is about the Validity of this Marriage between the said Parties the English Lord and Lady and as to my Sentiment I do hold the Marriage to be valid and lawful I having duely interrogated both Parties If they were willing to enter into this Matrimony according to the Rites of the Holy Roman Catholick Church and they both answered Yes The Latin Words signifie in English According to the Rite