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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
between the Articulated Charles Knolls Earl and Elizabeth Price or Preis in the Face of the Church rite recte as the said Father Gasparino In English Lawfully and Rightly and Donati can assert who were present as Witnesses required and besides the two Fathers there were present the Reverend Nicholas Picolati my Cousin and Joseph Tonnato my Servant and there were no others there for I caused the Door to be shut Being interrogated to the Second Article if the said Parties contracting did obtain a Licence from the most Illustrious and most Reverend the Bishop or any other Judge c. to contract the said Marriage and if they did declare upon Oath that they were free Persons he answered I do very well know that they did obtain a Licence for that Father Decio Gasparino delivered me the Order to marry them granted the Day before being the Sixth of April 1692. and directed to me as if I had been their proper Parish-Priest and as to the said Charles Knolls Earl of Banbury and Elizabeth Price having sworn that they were free I know that the most Reverend the Vicar of the Bishop on the Day following when I went to acquaint him with the Celebration of the said Marriage told me That he had caused them to be examined and that they did swear that they were free and he granted them the Licence or Order In English as Travellers and in manner as is usual to Travellers as vagi more vagorum Being interrogated if he did make any Note of the said Marriage celebrated as above is said in writing in any Book he answered Yes That the Marriage being done I registered the Memorandum thereof in the Book of Marriages of my Parish-Church all written with my own Hand as now it is But I do remember that I had registered in my Book the Note of the said Marriage Note How very careful they were in making true Entries in their Books only in the Name of Charles Earl of Banbury according to the Episcopal Order or Licence And in the same manner I gave out an Order or Certificate which Father Gasparino required of me and by reason I had not written the Surname of Knolls Father Gasparino in the Name of the said Earl applied himself to the Vicar praying that his Surname Knolls in regard the same was known to the Vicar might be added Whereupon the said Vicar sent me the Attestation back again with his Order with his own Hand That I should add in the Register the Surname of Knolls Earl of Banbury Son of Nicholas Knolls Earl of Banbury and make him another Attestation with his Surname in the manner aforesaid which I did and delivered it to Father Gasparino who desired it of me Being interrogated if he this Witness made many Attestations in Writing at any other times of the Celebration of the Marriage for any other Person and how c. when and in what place he answered I know that several Attestations were desired of me of this Marriage and I made them all in manner above-written that is to say Twice I was desired by Father Gasparino once by him in Person which I delivered to him at the same time corrected as above and another time he desired me by Letters he being at Faenza and I answered him it was superfluous for that I had made several others that is to say one I made by Order of this Bishop to send to Venice which he commanded me to make another I made at the Request of Mr. Francis Gella Merchant in this City who told me he had Orders to send it to London and another for the most Reverend the Vicar-general for that they were all desired by several Hands He further saith being interrogated The Place where I made them is my House the exact Time I do not remember Being interrogated if he this Witness doth know that he made an Attestation of the said Marriage in Writing in the Month of September in the Year 1693. he answered this I do not exactly remember the Month but that will be seen by the Attestation there being the Day Month and Year in it Then he said Now I remember that the Attestation I made by Order of the Bishop was in the Month of September in the Year 1693. Being interrogated where the Book of Matrimony of his said Parish Church is out of which it appeareth that the Note of the Marriage set down in the said Attestation was taken He answered I have the Book of Marriage constantly by me in my Study and this Day upon this Occasion of my Examination I caused my Servant to bring it with me for what Occasion there might be of it and I have it here now Being desired to produce the Book before the Bishop he did immediately produce a certain Book in Folio covered with Parchment Intituled MDCL MATRIMONIA in which in the Folio In English Marriages of the Seventh Day of April 1692. were found written these Words taken thence by me Notary by Order of the said Bishop viz. The Seventh Day of April Die Septimo Aprilis 1692. Omnibus publicationibus All Publications being omitted by Licence of the most Reverend Victor Gera Vicar-general as appeareth by an Order made the Sixth Day of the said Month in the Year 1692. a Marriage was actually contracted according to the Rites of the Holy Roman Church Each Party upon Interrogations made having first given their Consent celebrated by me John Baptist Picolati Arch-priest of the Parish-Church of St. Quirico and Julica between the Noble Lord Charles Knolls Earl of Banbury Son of Nicholas Knolls Deceased Earl of Banbury English-man of Oxford and the Noble Lady Elizabeth Preis of England both Travellers having lived at Verona three Days and in the Words following subscribes his Deposition with his own Hand viz. I John Baptist Picolati Doctor of both Laws Arch-priest do affirm That I have deposed for truth as above upon Oath Peter Bishop of Verona the Judge by whom the Witnesses were to be Examined and Subscribed with his own Hand All this was done before the Lord Bishop and Judge aforesaid by me Under-written Notary the Day Month and Year as above So it is Petrus Episcopus Veronensis Judex Remissorialis The next Witness is 2 The Reverend Victor Gera Vicar-general of the Diocess The most Reverend Victor Gera Doctor of both Laws and Divinity Arch-Dean of the Cathedral Church of Verona and Vicar-general of the Bishoprick in Spirituals and Temporals who actually Swears upon the Holy Evangelists in the Hand of the most Reverend Lord Bishop in these words following That he knew Charles Earl of Banbury and Mrs. Elizabeth Price and gives the Reason of his Knowledge and that two Years and a half before his Examination they came to him in Company with one Father Gasparino Rector of the College of Jesuits for a Licence to Celebrate a Marriage between them in Verona That he told them that they being Strangers