THE TRUE Countess of Banbury's CASE, Relating to Her MARRIAGE, RIGHTLY STATED. IN A LETTER TO THE Lord BANBURY.  
LONDON, Printed in the Year MDCXCVI   

ERRATA.  
PAge 1. between the Words elsewhere and with all the Virulence, Read tho'.  
Page 27. these Lines.  
The very next ensuing Paragraph will explain the meaning, and give you the reason of his writing this Letter following. Should have come in after the Letter in p. 28.   

THE Countess of Banbury's CASE.  
MY LORD,  
THE Esteem, Duty, and Affection I have ever had for your Lordship since our Marriage, and the first Assurances of Love and Friendship between us, has hitherto restrained me from doing myself right in any public Vindication of my Honour, and the Justice of my Cause to the World: Because in so doing, I must necessarily have exposed your Lordship to such a Degree, that you yourself must have joined in Opinion with your Fellow-Peers, even against yourself; that is to say, That in denying you the Honour and Privilege of Sitting with them in Parliament. The Refusal was both Righteous and Reasonable; and such was the Tenderness I had for your Lordship's Honour and good Name, that I should have kept myself still within these Bounds, if the causeless and the calumnious Bitterness of your Proceed against me had not made this Defence necessary. As to the Falseness and Injustice of your Pretensions, it was sufficiently laid open in the Respective Courts of Chancery, King's Bench, and elsewhere, with all the Virulence of personal Reflections upon me that ill Nature, ill Manners could put together, and ill Instructed Lawyers invent: Yet had not you publicly owned Mrs. Litster by Cohabitation, Quartering of Arms, Christening of Children, by Great and Noble Persons, and by their Countenance given the World a strong Presumption of Marriage with her; and consequently of disclaiming your Marriage with me, though most notoriously Solemnised and Licenced upon your Lordship's taking your Oath and the Holy Sacrament, That you were a single Man, and free from all Contracts of Marriage with any other Person whatsoever. And lastly, had not your Lordship with all Industry, protracted and kept off the Judgement and Sentence ready to be pronounced in Doctor's Commons, by appealing to a Court of Delegates; because the Dean of the Arches would not admit (contrary to all Law, Reason, and Practice) your Mistress (to say no more) for a Witness in her own Cause, to swear herself a Countess, and her Bastard-childrens Legitimates; by which means, the Sentence was deferred for at least Six Months longer. I say, my Lord, had it not been this, together with the Insupportable Expenses you daily and almost hourly put upon me, the Indignities and Affronts you perpetually expose me to; I should, perhaps, have suffered patiently under the heavy Load of all the chargeable Miseries that your faithless Inhumanity hath undeservedly cast upon me. But being now fully convinced, by the Obstinacy and Iniquity of your Proceed, that there is no Hope left me of recovering your causelessly lost Affections, your Lordship must forgive me, if at last I repair to the regular Ways of maintaining that which your Lordship cannot take from me; that is, the Honour you conferred upon me by our Intermarriage. We are all mortal, My Lord, and both of us may die before a Sentence of Law pass; and therefore for fear of the worst, I have here drawn up a true and impartial Narrative of all the Proceed between your Lordship and myself, relating to our Marriage, from the Day you and your Family came first to my House; appealing to your own Conscience upon the Truth of every Syllable I deliver, with the Manner and Proofs of it, submitting myself upon the whole matter to the Judgement of God and the World. If any thing bear hard upon your Lordship, your Wife's Honour my Lord, is at Stake; and this Defence is in some sort a Duty to your Lordship in the Right of your Wife.  
Your Lordship well knows, that about August 1689. you took my House in the Pall-mall, and brought your Sister the Lady Katherine, with all your Family thither; and at that time you were taken for a single Man by your own Servants and Relations. You wanted nothing then but a Wife; and to supply that Want, you were pleased to make Applications to me. Upon this Address, I was so far prevailed upon, as to break off a Match, in a manner agreed upon by the Consent of all my Friends, with a Gentleman not inferior in Fortune to your Lordship; and moreover, to oblige myself in the most solemn Vows and Promises of Marriage to your Lordship, and in order to Consummation of the Marriage, your Lordship persuaded me to go into France to have it celebrated there. Pursuant to that Agreement, in December 1689. your Lordship carried me and my Sister Brownsworth privately to Dover, 
Mrs. Hanah Brownsworth.  and prevailed with her to go over with me to Calis, sending your Plate, Clothes, and some of your Servants to attend me till you could come yourself; assuring me upon parting, That you would dispatch your Business in England, and come over with all the speed you could: But your Affairs so fell out, that your Lordship did not come to Paris till May following, where you may remember you found me in a Monastery, and received and treated me with all the Respect and Endearments of a most affectionate Husband; and though we were not formally married, suffered me yet to take your Title upon me, and wrote Letters to me yourself as Countess of Banbury. All this is fully proved in Court; I shall not trouble your Lordship, or the Reader, with the History of our-Travels and the manner of our living in France, but pass over that and all other Actions between us; till by your Lordship's Order, I came into Italy, and met with your Lordship there. How your Lordship treated me at Mantua, Verona, and other places in Italy, will appear by your own Letters and Proofs herein truly recited; whereby it is proved, That about Easter 1692. I was carried by your Lordship from Mantua to Verona, and there solemnly married to you: And for further Satisfaction, I shall desire the Reader's leave in the first place, to inform him how careful they were in taking the Foreign Depositions and Proofs of my Marriage with your Lordship; and for that purpose, I shall insert a true Copy of the Archbishop of Verona's Letter, who is likewise a temporal Prince, to Doctor Oxenden, Dean and Judge in the Cause between us, Word for Word, as it is registered in the Arches; and it is as follows.  
We PETER LEON, by the Grace of God, and the Holy Apostolic See, Bishop of Verona, and Count, etc. To our Beloved in Christ, the Right Worshipful George Oxenden, Dr. of Laws, Official Principal of the Arches Court of Canterbury, lawfully Constituted, or his Surrogator, Health, etc.  
YOur Letters Remissorial of the Second day of April last passed, directed to Us by your Worship, and actually presented by Mr. Francis 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 Proceed 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 Proceed, 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 Us 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 Us: 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 Us, reduced into Valid and Authentic Form closed and sealed. The Libel, Additional Article, and Authentic Certificate to Us, 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 Employ 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 preceding Letter, of the Care that was taken in the Examinations; I shall, in the next place, make an Exact Abridgement of all the Foreign Depositions, except that of the Archpriests 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 Archbishop of Verona; and the Archpriests 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 Apostolic See, Bishop of Verona, and Count, etc. and in this present Cause Judge on the Commission, etc. in the Chamber of his Residence in the Palace, 
John Baptist Picolati, Archpriest.  appeared personally the Reverend John Baptist Picolati of Verona, Son of Francisco, Doctor of Laws, Archpriest 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, etc. 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, etc. 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 Archpriest, 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 duly interrogated both Parties, If they were willing to enter into this Matrimony according to the Rites of the Holy Roman Catholic Church? and they both answered, Yes; 
The Latin Words signify in English, According to the Rite 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 Bishopric 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 Catholics? And he answered me, That he had instructed them for the Contracting Matrimony Conform to the Rites of the truly Roman Catholic 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 Engagements. 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 Churchyard 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 shown 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 Catholic 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 Catholic 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 Join 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 Pistol as a Gratuity, without any Request or Demand, and I accompanied them thorough the Church to the Gate of the Churchyard, 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, 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, etc. 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, etc. 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, Entitled, 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, Archpriest 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, Englishman 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, Archpriest, 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 Diocese.  The most Reverend Victor Gera, Doctor of both Laws and Divinity, Archdean of the Cathedral Church of Verona, and Vicar-general of the Bishopric 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, he could not do it; but caused the Cancellier or Secretary to be sent for, upon whose coming, the Vicar Swears further, That he caused their Qualities to be first set down in the Acts of their Court upon Oath, and what they had said by Word of Mouth touching their being Free and Single, the Promises of Marriages that had passed between them, to be affirmed again in Writing; and having administered Oath to them upon the Holy Evangelists, on which they both laid their Hands upon the Truth of the Matters by them related: Then Swears, That he delivered them to Father Gasparino, to the End he might hear their Sacramental Confession, and give them the Communion. And that he gave them a Licence, directed to the Reverend John Baptist Picolati, Parish Priest of the Church of St. Quirico and Julica, and in the Licence, ordered him to assist at their Marriage, and to keep an exact Note thereof in the Books of their Church, because it was an Extraordinary Matter; and concludes his Evidence in these words, The Licence for Marrying was granted by me, as Vicar of the Bishop; and they did depose upon their Oaths, that they were free and clear from all Engagements of Marriage with any others, and upon that ground the Licence was granted by me. This is the Substance of his Examination.  
The next Witness is Antony Rotaro, 
3 Antony Rotaro Cancellier.  Cancellier or Secretary to the Bishop, and mentioned by the last Witness, who being Examined by the Bishop himself, deposes in these words, That one Evening late, in April 92. he was sent for by the most Reverend Victor Gera. When he came to his Chambers, which he has as Vicar in the Episcopal Palace, he found there a Gentleman and a Lady, Foreigners, not known to him, and they said, they were come on purpose to get a Licence to Marry; and then, the most Reverend the Vicar, gave him Order to take their Depositions as to their State and Condition being free or single; That thereupon they went with him into the Office of the Bishop, where being placed and separately interrogated, they answered him, That they were by Country English, and that they had made Promises and Contracts to take each other for Husband and Wife, and came from Mantua to Verona to celebrate the Marriage; and that they were clear and free from any Engagements of Marriage with any other Persons, and upon the same, they took their Oaths upon the Holy Evangelists, as may be exactly seen by the Acts of Court in the Registry where the Originals are kept; and after they were Sworn and Examined, the Licence was granted and directed to the Archpriest Picolati; and the Order and Decree was made by him, and Subscribed by the Vicar, and then the Earl and Lady were delivered to Father Gasparino to separate them, and Administer the Holy Sacrament to them: And they called themselves at that time Earl of Banbury and Elizabeth Price, and the Marriage was actually celebrated in all the Forms, Orders, and Ceremonies required and commanded by the Church.  
The next Witness is Tonato, the Arch-priest's Servant; 
4 Joseph Tonato, the Arch-priest's Servant.  and he deposes, (being asked the Question, whether he knew the Earl and Lady) and answers, Not otherwise than by having seen them once in the House of my Master the Archpriest when they came to be Married, and then heard the Gentleman called by the Name of the Earl of Banbury; but doth not remember the Lady's Name. Being interrogated whether they were Married, answers thus; I say, they were well Married; for I saw the Marriage celebrated in manner as all other Christians are Married, and as the Holy Church doth Order and Command. Confirms the Testimony of the Archpriest in every particular, and swears, That they were received at the Church Door by the Archpriest, and the Father's Gasparino and Donati, and that they all Kneeled before the Tabernacle of the Holy Sacrament, and made short Prayers, and then came into the Parochial House of his Master, who ordered him to prepare a Table and place a Crucifix thereon, and lay Cushions for the Gentleman and Lady to kneel upon. And then his Master asked them, if they were willing to take each other for Husband and Wife, calling them distinctly by their Names, one after the other; and they separately answered, Yes. Then they gave each other their Hands; and the Archpriest blessed the Ring, and then gave it to the Gentleman, who put it on the Lady's Finger, and then he said the Words of the Ritual, and registered the Marriage, and the married Couple gave him Thanks; and as I waited on them to the Calash, the Earl said, Come hither Youngman, and taking a Silver Cup out of the Seat of the Calash, delivered it to me; saying, Give this to the Jesuits, to keep in Memory of this Marriage, which he did accordingly, and says, than they departed and drove towards Mantua.  
Nicolas Picolati, 
5 Nicolas Picolati, Cousin to the Archpriest.  Cousin to the Archpriest, deposes, That he did not know the Earl and Lady otherwise, than as he saw them married by his Cousin the Archpriest, the Seventh of April, 1692. about the Hour of Vespers; and says, that the Marriage was valid, because it was celebrated according to the Rites of the Church: And being interrogated, whether Charles Earl of Banbury, and Elizabeth Price, did rightly and lawfully contract Matrimony, and how, in what place, at what time, and before what Witnesses; he answered, Yes: That Charles Earl of Banbury, and Elizabeth Price, did contract Matrimony, and it was done in this manner. In the Morning of the second Holiday of Easter, in 1692. which was on the Seventh of April, his Cousin the Archpriest Picolati going to the Church of the Nuns of St. Daniel, for the Solemnity which is made that Day, there to celebrate Mass, as Confessor in Ordinary of the said Monastery, he found there the most Reverend the Vicar-General of the Bishopric, who told the Archpriest that he was to celebrate a Marriage between a Gentleman and a Lady, Foreigners; for that he caused the Licence or Order to be directed to him, who coming Home to Dinner, told me this; and accordingly, about the Hour of Vespers or something sooner, there came to the said Parochial House the Reverend Father Decio Gasparino, with Father Francisco Donati, of the Company of Jesus, and gave Notice to the said Archpriest, that Two Foreigners, a Gentleman and Lady, of the English Nation, would be there immediately, in order to be married: And the said Fathers gave him the Episcopal Order or Licence. The Archpriest having read the same, and observed the Contents thereof, said, he was ready to celebrate the Marriage. In the mean time, a Calash stopped at the Court-Door, near the Churchyard of the Church of St. Quirico and Julica, on the via nova, with a Man and Woman: And that he, by order of the Archpriest, went to receive them; and then the Archpriest, himself, and the Two Fathers, the Jesuits, came to meet them; and after some Salutations, they came into the Church, where they kneeled down, taking the Pardon at the High Altar before the Blessed Sacrament, and then were Conducted to the said Parochial House into a Chamber one pair of Stairs, where a Crucifix was placed on a Table, and the Archpriest in the presence of the said two Fathers, the Jesuits, who were asked to be Witnesses, according to the Solemnity required in the like manner. And also in the presence of me, and of Joseph Tonato, Servant of the House, being both there, asked the said English Gentleman and Lady, if they were come to Contract Matrimony between them, according to the will of the Holy Church? They answered severally, Yes. For tho' they could not speak Italian well; yet they understood it, and made themselves to be understood, so they gave their Mutual Consent; and then Kneeling upon two Cushions before the Crucifix, the Archpriest having first taken their Names and Surnames, asked the Gentleman, Saying, Charles Earl of Banbury, are you Contented to take for your lawful Wife Elizabeth Price, now present? and he answered, Yes. And the Lady being likewise asked thus, Elizabeth Price, Are you contented to take for your lawful Husband Charles Earl of Banbury, now also present? She also answered, Yes; So they gave each other their Hand, and the Archpriest said these words of the Roman Ritual, 
In English, I Join 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. Then the Ring being blessed, which was on a small Silver Plate held by the Servant of the House, he gave it into the Hands of the Bridegroom, who put it on the Finger of the Bride, which, I think, was the Ringfinger of the Right Hand, as is usual, and the Archpriest proceeded with the other Prayers according to the Ritual of the Holy Church: And in this manner the Marriage was celebrated recte & rite, 
In English, Rightfully and Lawfully.  and the Archpriest Registered the said Marriage, as is usual, and set down for Witnesses thereunto, the two Fathers Donati and Gasparino, Joseph Tonato and myself; Which being done, we came all down thorough the Church, where having again Kneeled before the Sacrament, we accompanied the Gentleman and Lady, his Bride, out of the Church, who immediately taking leave, went to their Calash that stayed for them, and before they drove away, the Earl Charles took out of the Calash a Silver Cup, and gave it to Joseph Tonato, with Orders to deliver it to the Jesuits as a Gift in Memory of this Marriage, as he said, and then drove towards Mantua; and I did not see them afterwards. And then being asked what he knew of their taking their Oaths of being free, and single; answered, That of his own Knowledge he did not know that they took their Oaths; but said, he verily believed they did, because they would not have Married them in that Country unless they had taken their Oaths; And says further, That he heard them acknowledge that they had made Oath that they were free and single: 
It is to be observed, That the Bishops in those Countries cannot Cite any Persons out of their own Dioceses.  And by this the Reader may see how cautiously these Witnesses swear, and accordingly judge of the Truth of their Evidence.  
The two Father's beforenamed, that were present and Witnesses to the Marriage, living out of the Diocese of the Archbishop of Verona, to whom the Commission was directed: The Archbishop first writes to the Archbishop of Bollogne, where Father Donati lived, 
Father Donati.  to cause him to be Examined there, which the Archbishop did accordingly, and ordered the Vicar-general to take the Examination of Father Donati; Who being Sworn and Examined deposes, That he was by, and a Witness to the Marriage celebrated by the Archpriest Picolati, between the Earl of Banbury and Mrs. Price, Swears it was a Valid and Lawful Marriage according to the Rites of the Church, and confirms all that the other Witnesses say as to the Marriage in Manner, Form and Substance in every particular Circumstance.  
The last Witness to the Marriage is Father Gasparino, 
Father Gasparino.  who being at Faenza, the Archbishop of Verona wrote to Cardinal Nigeroni Bishop of that Place, to cause him to be carefully Examined; and he deposes, That the Earl and Lady came to him and desired him to assist them in a Marriage which they were minded to Contract, and did actually Contract; And being interrogated, whether he knew what he was to be Examined about? answered, Yes, I do; It is to Prove a Marriage between the Earl of Banbury and Mrs. Elizabeth Price which he denies; and then uses these words, That the Earl of Banbury doth falsely deny that he Married the Lady Elizabeth Countess of Banbury, than Elizabeth Price, being single and free from all Marriage Promises or Contracts with any other, as she affirmed upon Oath before the Vicar-general and the Cancellier of the Bishop of Verona, and says, That the  Noble Lord Charles Knolls, being likewise free from all Marriages or Matrimonial Contracts with any other, as he affirmed also upon Oath, before the said Vicar and Cancellier of Verona; and being in this Freedom lawfully and notoriously, solemnly contracted between them a true, pure, and lawful Marriage in the Face of the Church, before the Reverend John Baptist Picolati, Archpriest of St. Quirico and Julica, in the City of Verona: And before the Marriage, the said Charles Knolls owning himself to be Earl of Banbury, obtained a Licence from the Vicar, and declared before the said Licence was granted, upon Oath, That he was free from all matrimonial Contracts with any other; and presently after the solemnising the Marriage, they went away in a Calash together, towards Mantua. This Witness was examined at Faenza, by the Vicar-general, Judge, substituted for that purpose by the most Eminent and most Reverend Lord Cardinal Nigeroni Bishop of the City.  
And now having given an Account of what was done abroad, before my Marriage, I shall in as few Words as possible, inform the Reader what was done immediately after I was married, when we returned to Mantua; and for that purpose, I shall only produce Two Witnesses, Vincent Pavesio, a Nobleman, 
Vincent.  and Pompeio Salvio, a Merchant, both of Mantua; who living there, the Archbishop of Verona, in manner as in the Cases before mentioned, writes to the Bishop of Mantua, to cause them to be examined; who thereupon, orders his Vicar-general to do it: And Vincent Pavesio being examined, deposes, That he very well knew the Earl and Lady was their Friend, and lent and disbursed Money for them in their Journey to Paris; and says, They lay five Days in his Brother's House, a Nobleman of Mantua; were reputed Husband and Wife by all the Gentry and Nobility; and as such, demeaned themselves openly and publicly: And they went from his Brother's House to Pompeio's, and there lived in the same manner. And he says, That in April, 1692. the Earl invited him and his Brother, and Wife, to a Dinner, which he prepared in memory of the Birthday of the Lady Elizabeth, desiring us to bring some other Gentry along with us; which we did, and there they were openly and publicly saluted, as Husband and Wife, and taken as such by all the Gentry, for that otherways they would not have come to the Feast: And deposes, That he traveled with them towards Paris, and saw and read their Pass from the King of France, as Husband and Wife; and after parting, there came Letters from the Earl, directed to the said Lady Elizabeth, which I saw, with this exact Superscription, A Madama Madam La Countesse de Banbury; and says, That the Duke of Mantua honoured them with costly Presents when they left Mantua, and upon the Earl's Request, gave him, the deponent, Leave to travel with them into France, and saw several Letters directed to her as Countess of Banbury, 
Pompeio, the Merchant.  from the Earl and other Persons. The last Foreign Witness is Mr. Pompeio, the Merchant, at whose House they lived in Mantua: And he swears, That he knew the Earl and Lady; That they came from the House of Signior Antonio Pavesio, Treasurer to the Duke's Household, and there continued for three Months; so that he had Converse with them, and served them with what they had occasion for, and took them for Husband and Wife; and they treated each other as such, were so held and reputed by their Serene Highnesses: For that our most Serene Duchess did always admit my Lady to be her Companion, and to play with her in her Court. I could have produced several more Witnesses, if it had been needful, besides authentic Attestations and Certificates.  
Amongst many others that are Registered in Doctor's Commons, I shall conclude my Foreign Concern with the Two following Attestations, which surely make a complete and full Proof of my Marriage.  
WE Peter Leon, by the Grace of God, and the Apostolic See, Bishop of Verona, and Count, etc. To all to whom this present Process shall come, do certify for undoubted Truth, and attest, That all the Premises in this present Process contained, were written and subscribed with the proper Hand of the Underwritten Notary, by us specially deputed in this present Cause; and that the Acts and Examinations of the Witnesses were had, and taken before us in our Presence. In Faith and Testimony whereof, we have thought fit to put hereunto this our Attestation; and we have subscribed the same with our own Hand, and ordered the great Seal of our Bishopric to be hereunto put. Given in Verona, from our Episcopal Palace, on Friday the Seventeenth Day of September, 1694. Sec. Jud.  
Petrus Episcopus Veronensis.  
I Bernard Roveti, Son of Francis, of Ponte Petro, in Verona; Public Notary by the Venetian Authority, and Clerk of the Bishop's Court, in this present Cause; specially deputed by the most Illustrious and Reverend Father in Christ, and Lord Petro Leone, Bishop of Verona, and Count, etc. Do attest, That I as Notary thereunto required, was present at all, and singular the Premises; and did faithfully write with my own Hand, in valid and authentic Form, this present Process, consisting of Ninety Nine Leaves. In Witness, etc.  
Having given an Account of what was done abroad, I shall now proceed to give the Reader a short and punctual Relation of what passed in my own Cause afterwards. My Lord parted with me at Nona, in Italy, and ordered me for France when he parted from me; assuring me, That he would go and settle his Affairs in England, with all the Care and Speed he could, and come to me at Paris as soon as his Affairs would permit.  
And accordingly I went to Paris, where I stayed until September; in which time, having spent that small Provision my Lord left me, and himself neither coming nor sending me any Supply, my Equipage and Character having drawn me also to a more than ordinary Expense, I was driven to great straits to support myself: And being informed, That Mrs. Bowtel, who then lived in a Monastery there, under the Care and Government of Father Sherburne, Precedent of the English Benedictines, had received a considerable Sum of Money, I was forced to apply myself to her, for Money to discharge the Debts I had contracted, and to carry me into England; and by the Approbation of Father Sherburne, I did borrow a Hundred Pound of her, and prevailed with her to come with me for England, and for our better Conveniency in travelling, she did procure a Pass, both for me and herself, in the Names of Ridley, which was her Mother's Maiden Name, designing to conceal myself as well in England as in my Travel, till I understood my Lord's Resolutions touching the Disposition he intended to make of himself and me; and with that Pass we traveled, and came to London to my Sister Brownsworth's House, and immediately dispatched a Servant to my Lord. Upon this Message, he came to me without any Delay, and entertained me with the greatest Tenderness imaginable: But having at that time a purpose to sell his Estate, he desired me to conceal my being in Town, and not to appear, at present, under the Character of his Wife, but to pass still by the Name of Ridley; to which, in Obedience, I submitted, and this Disguise was the Source of all the miseries that have since befallen me: For had I but published my Marriage instead of this Complaince, Mrs. Litster had never been heard of under any other Character, but that of a Mistress.  
Unfortunate Mr. Lawson, in all Probability still living, and your Lordship clear and free from Crimes, That out of the Respect I still retain for your Lordship, I will not mention at this time. The vast Expenses in Law had been saved, and your Lordship undoubtedly much Richer without your Mistress, and the Sums you borrowed of her, upon your Plate and Jewels, long after your pretended Marriage with her: And when you lived publicly with me, and owned me for your Wife, as by your Letter to your Steward Palmer, proved in the Cause, and confessed by your Lordship, most evidently appears: And when the Reader shall have perused your Lordship's own Letters, and considered the further Proofs, I hope he will be of the same Opinion. For I am resolved to keep my Word, and allege nothing in this Paper, but what is proved by undeniable Testimony, or by your own Letters and Confession; and therefore, I am now to acquaint the Reader, That from the time of my Return to England, his Lordship lived with me in the most affectionate manner imaginable, until he went to visit his Sister the Lady Katherine, at Thistleworth. And in order to satisfy all Mankind, and confirm them in the Truth of what I writ, it seems necessary for me to give the Reader an Account of my Lord's Behaviour to me when he was first taken, after the Death of Mr. Lawson, and was in the Hands of the Constable, and in the several Prisons of Newgate, and King's- Bench, and likewise when I was sick and ill, at which time he now pretends Mrs. Litster was his Wife; and for this purpose, I will only produce such of his own Letters as have been judicially proved and owned to be his own Hands, in Doctor's Commons, and remain there Registered. Although I have, and can produce Hundreds more, and make up a complete Journal for all the Days he did not see me, after I came into England, to the time of the Breach between us.  
I shall begin with the Letter he wrote to me, the Moment after he was taken upon the Unfortunate Accident of the Death of Mr. Lawson.  
I Have happened of an unlucky Accident, have fought and unhappily killed Mr. Lawson, but am not a bit wounded nor hurt; But as I went to make my Escape, they raised Men and took me with a Constable; but don't be frighted, for no Harm can come to me, only a little trouble and hindrance of your Company for the present; I hope to see you this Evening, though I must first get Bail. Adieu. Be not frighted, and all is well.  
My Love,  
MY Lord Chief Justice refused me Bail, and ordered my Commitment. I am at Captain Richardson's House at Newgate-street, where I believe I shall be civilly treated; but all Confinements are Painful, especially when banished what they Love. I hope soon to come to Trial. The Coroner that Sits upon the Body may do me great Kindness as he gives in his Verdict; I believe he will Sat on the Body to Morrow: I fear it will be Expensive. The Wound is so odd, that it is not hard to believe he hurt himself in his Fall; if so 'tis found, I shall be acquitted. Adieu. I'll Dream of, what I cannot see, Yours. 'Twill be too late to Night, but to Morrow Night, if you think fit.  
Pray, my Love, don't you concern yourself at what happens, for nothing, I hope, can touch my Life, that's pretty safe; and I done't at all question but all will go well. 'Tis too late now to do any thing with the Constables, and therefore I would not have you appear in it. I have this Day followed my Business with more than ordinary Care, and doubt not a good Proceeding, which you shall have a constant Account of as any Business happens. Sir Erasmus Norrich came and prevented me from finishing of it, or I had sent the Messenger three Hours sooner. Adieu, my Love, be Merry and I am so,  
Yours.  
I Sent my Servant to acquaint you, we was deferred till Monday, and do apprehend that we may have some Trick shown us then to hinder my being Bailed. 
Note, He makes his Concern Mine.  If there be not some Advice or Care taken to make Mr. A— S. my Friend, to whom the Attorney-General has left my Business; he is a Man to be dealt with by Money, and may be Five or Ten Guinea's disposed by a good Hand, and privately, may prevent his being mischievous; Perhaps I— N. will undertake it. But this must be done speedily: I shall add no more till I see you. Adieu.  
My Love,  
I Have received both your Letters last Night and this Morning, and I find that Company goes and comes so fast, that it would be troublesome to you to let me see you. Pray be not dissatisfied, for I hope all will go well, my only present Care is to Expedite my Trial this Sessions. They say, it would be necessary to have my Solicitor attend the Coroner's Inquest, with my Servants that see me go out of the House, whether friendly or not. A— B. kindly sent Mr. James to recommend a Solicitor. I would have your Sister inform of her what He is, and if acquainted with these Affairs. Your Brother came kindly to me, and I think it would not be amiss that the Coroner was friendly discoursed; for it will be Considerable, as he gives in his Verdict; for if he should be possessed that he might possibly wound himself, it will be found Ignoramus, or otherwise it may be but Man's Slaughter; tho' there is already an unlucky Report raised of what he said at his House, and that he came to justify himself: But this will be hard to be Proved. If the Solicitor be found proper for me, the sooner I see him the better.  
My Love,  
FInding you pretty well satisfied, and pleased to see my Friends so Industrious to Serve me, makes me as Cheerful as I can be in your Absence. I have been forced to delay the Messenger till now, by reason of Company. Hoping to see you this Evening. I won't enlarge more than that no Misfortune can alter my Love, which ye will be now better Convinced of. Adieu.  
Yours.  
I Find, my Love, that Mr. Lawson's Relations, or some one underhand, will put me to all the Trouble they can. They are now finding a new Indictment by Charles Knowls, Esq because they find they could not try me here; which, I fear, will hinder me of Bail; I have sent for Council which shall be instructed to insist upon my Peerage: The issue, I hope, can be no Damage to me, but only present Trouble and Expense: Therefore don't be frighted.  
I Rest though Infortunate Yours.  
My Love,  
I Have partly answered the Contents of Yours, and did desire that the Money might be brought as soon as conveniently by one you think proper, not to give you the trouble; hoping soon to be with you, if my Lord Chief Justice will accept of Bail, which I hope I need not fear; therefore will not detain your Messenger. Adieu.  
I Can now, my Love, give you Hopes of paying you a Visit in your new Lodgings. This Night my Lord— and my Lord— will be my Bail; I shall not trouble you with more at present till I see you. I doubt I shall want immediate Moneys for paying my Fees. If ye can, send by some one. Adieu.  
Yours.  
My Love,  
THe Attorney-General and Lord Chief Justice have been spoke to, that I may be Tried at the King's- Bench Bar; They say they won't oppose it; but till the King has been spoke to, they cannot resolve it; but they tell me he never refused. I have wrote to my Lord M. of C— to desire him to speak for me. I have ordered some Wine for you; but will omit the rest till I see my Love. Adieu.  
I Have nothing more, my Love, to say to Mr. Darnhill, but that 'tis suspected the Court and Judges will maintain the Reply of the Attorney-General, which may put me by the Proof of the new Witnesses I have found out, or if they take time to Consider whether he will admit to Bail, or if they can refuse it. I am Sorry to hear my Dear did not Sleep well; I hope your Dreams portend no ill to yourself, and I am prepared for the worst of Ills while you are safe. Adieu.  
THat which is my momentary Thought or Business of my Life, I am not easy to forget; but being an abandoned Prisoner, I had no body to send to my Love, but wait your Company with impatience. Just as yours came I was fallen asleep, but awaked soon with Satisfaction expecting you. Adieu.  
AFter my Love was gone, I reflected that you went away dissatisfied, which gave me great uneasiness. I have been employed all this Morning in dispersing Letters amongst the Lords, or I had wrote to you sooner: and this is all the Paper I have left; therefore hope you will Pardon it. My Head Aches with the illness of the Wether and pains taking: If I make no long Epistle, I know you will forgive me, and let me see you as soon as you dare venture out. Adieu.  
I Have not been less impatient than you seem to have been, for ever since Candle-light I have expected at every Knock of the Door it was you, and ran thither, as if I had been turned Porter. Lady Katherine I have not heard of since: But pretty Ladies, you know, have short Memories; Therefore it is pardonable in them to forget, I shall the less forgive what has prevented me of your Company. The Night proved very ill, and tho' it may have deprived me of your Conversation, yet will I please myself to think it may have prevented your taking Cold. Was I not Vain enough to think you did not want an Invitation, I would have rob my Landlord's Book of all its Cupids to have sent you to me. In the interim, Rest as in Obedience to my Love and your Will. Adieu.  
I'M very sorry, to hear my Love past her Night so indifferently, but think you did very well to be let Blood, and hope you will find great Relief from it. I made also, a very uneasy Night, 'tis but reasonable I should sympathise with my Dear. Our Major was very ill in the Night, and I was alarmed to give him some Hungary-Water. I hope this will find my Love much better; yet I would advise you, by all means, to take Care you don't get cold after your Bleeding. This Day has seemed longer than any yet, since I knew my Dear's Illness. Pray make much of yourself, that you may be well against I make you a Visit. My love will forgive my so often giving her the trouble of sending, my Footman bringing me word that you was very ill this Morning, and could not write, makes me very uneasy till I know how you are. Pray let me beg you, if you find yourself continue ill, that you will send for Doctor Ratcliff, or some able Physician, and done't delay it till it be too late, for fear of Expenses; for the latter may be of worse Consequence than the first. I hope you have Somebody to divert you, for the Wether is sufficient to make those Melancholy that are well. Adieu, my Life, make much of yourself and me. I have given my Man Coach-hire to make haste.  
For Mrs. Brownsworth.  
Madam,  
I Do not write to your Sister for disturbing her with answering it, but rather choose to be informed of her Health by you. We must endeavour to flatter her with the Name of _____ to Morrow, for coming to me, and then dissuade her till next Day; and then put her off till it be proper for her: For should she venture out too early, and get new Cold, a Relapse might be worse than the former. With my Love presented to her, this is all from Madam,  
Your Humble Servant.  
I Am glad to hear my Love's something better; but of all means, I would not have her think of coming abroad as yet, for that would fright me out of my Wits. My Life, I hope, will rest well to Night; and then, I doubt not to hear she's much better. I'm sure, if she loves me, she will be careful not to take Cold, nor let any thing disquiet her. I wish my Love good Rest, and that will make me happy.  
I Shall not say much to dissuade my Love from coming, since she is so resolved; but I fear coming abroad too early may be prejudicial to her: 'Tis an ugly, stormy, windy Day; besides, I dreamt an odd Dream. To Morrow is Childermas-Day, and I should not approve of your coming till Thursday; but if ye will wear the Breaches, pray lap yourself warm, and let the Chair bring you to the Steps of the House, and take you up within your own House; for it is very Cold, and you must needs be very sensible of the Air. Adieu.  
Yours.  
I Am concerned to hear you have past your Night so ill, but I, in some measure, have sympathized; and, had I possessed you within my wont Arms, I soon would have rocked you to more quiet Slumbers. I have sent you Two Prayer-Books, that you may be sure of being in the Right. I shall expect you early. Adieu.  
I Had wrote to my Love Yesterday in the Afternoon, but that I was afraid she would take the trouble to answer it; which I feared might disturb her too much, nothing at present being so beneficial for her Recovery as Rest, and keeping herself quiet: I therefore writ to your Sister, which my Man found at her own House, and she forbidden him coming to you for fear he should disturb you; but I was very angry with him. I hope to hear of my Love's Amendment daily, though by no means I would have her think of coming abroad as yet, for a Relapse might be far more dangerous than at first, and detain me a longer time from seeing you, which would be a far greater concern to me: Therefore pray my Dear be ruled, and done't be too venturesom at first. Adieu, Mea Cara fiole.  
I Am in hopes my Love found a Confirmation of her better Health at her Uprising, and am satisfied she need not many Invitations to come to see me; I shall attend that Satisfaction with Impatience. The Company I expected we had; but the real Mirth fell short, my Love being not a Partaker: I shall not enlarge much to Night, being late; But that I will Dream of my Love, and Fancy the rest. Adieu.  
Sunday Morning.  
IT has been such excessive bad Wether since I saw my Love, that I have sat in fear lest you should adventure to make me a Visit, nor durst I send to forbid, lest you might have suspected I had some Design in it; Yet, I confess, I should not have taken it ill, if my Love had favoured me with a Line or two, to have assured me of her Health, and that she got well home, being she was alone, made me the more Impatient to hear from you. I won't tell you it disturbed my Night's sleep, or that I feared your Company might be better diverted than in dull Thoughts of me. However, I hope this will find my Love in perfect Health, to which a good Fire renders much Comfort at present. I have ordered them to bring you a Bottle of sweet Wine to drink my Health, and I will do you reason in the same; who, tho' Confined in Person, my good Wishes pursue you ever. Adieu.  
I Hope my Love is well, yet have I been much disturbed by ill Dreams of you; I guess it might proceed from some Cold I have taken, which perhaps made my Rest the more unquiet: Your Company Early may help to dissipate my Melancholy Thought. Adieu.  
I Am glad to hear my Life finds herself better since her Sitting up, I think you did very well in not Venturing out this Cold Wether; be it any way for the Safety of your Health, I take it kindly your Obedience; but I meant only your Italian Breeches would do well to defend you from the Cold. Your Brother is here, and we are going to divert at Back-gammon. I joy in my Dears better Health. Business is in a pretty forwardness, and I hope will do well: I han't time to enlarge, but wish my Love a good Night's Rest, and pray for the Continuance of your Health.  
Who am ever Yours.  
My Love,  
I Fear the Wether will be Catching in; If it Rain it will spoil our Diversion abroad; But if my Love has a Mind to go to the Park, I would have her with Mrs. Darnhill. However I have Business after Dinner at the Temple, and I will call at the Sergeants to know how you dispose yourselves. Adieu.  
The very next ensuing Paragraph will explain the meaning, and give you the reason of his writing this Letter.  
My Love,  
MY hopes are again vanished, I have discoursed the Marshal and Mr. Framdon both, and find it will not be permitted me to stir out, and therefore do desire to see you, and we will agree what to do in our Affairs.  
For my Lord not being admitted to Bail was removed from Newgate to the King's- Bench Prison, and there like to continue for a longer time than expected; during which time, finding it inconvenient for me to go and come to him every Day from my Sister's House in St. James'- street, the Marshal keeping him a Close Prisoner, he took a Lodging for me at one Mrs. Fletcher's House in Southwark, not far from the Marshal's House, and such was his Care and Tenderness of me, 
Mr. Fletcher. Mrs. Fletcher. Margaret Vassal. Christopher Blower.  that he hired a Coach by the Week to bring me to him, and never suffered me a Day from him, nay scarce an Hour; Entertained my Brother with all the Friendship and Kindness of a Brother; Owned my Marriage, and often assured him, that as soon as he was out of his Troubles, would do it publicly, and his Servants attended me and paid me the respect due to his Wife, upon all Occasions, gave me Title of their Lady, and your Honour, declared to Mrs. Fletcher, where I Lodged, that I was his Lady and Wife tho' called Ridley. In all this time, I never heard the least Syllable of Mrs. Litster; nor did she ever so much as appear either by herself or Relations to my knowledge: Nor did my Lord so much as acquaint me, that he knew any such Person: and so Matters continued whilst my Lord was in the King's- Bench. And by this time, I hope, I have given the Reader an undeniable Proof of my Lord's Conjugal Affection to me during all the time of his Troubles.  
Upon the Third of May 1693. He was by Habeas Corpus brought to Westminster, in order to be Bailed, and was that Day set at Liberty; and as the Keepers were carrying him up, he came to Mr. Fletcher's House, where I lay, and gave me Notice of his going to be Discharged from Prison, with Orders to remove my Lodgings and go to my Sisters; where, he told me, he would come to me as soon as his Business was done in Court. And that Day, as soon as he parted with his Bail, he came to me at my Sister's; and from that time was daily and hourly with me, carried me Abroad with him, seldom Dined or Supped from me, and in this appearance of Kindness and Friendship lived with me till June. And then went upon some occasion to his House at Thistleworth, where his Sister the Lady Katherine then lived, where he made a stay of about Four or Five Days. Upon his coming back he seemed very much altered, and after some Discourse about the Sale of his Estate, he told me, It would be of Service to him for me to subscribe a Paper purporting a Disclaimer of my Marriage. This Paper was in Form, and ready prepared: I was surprised at it upon the View of the Contents, in so much that I utterly rejected it; and told him, That no Consideration should make me disown my Marriage, but as to the Sale of his Estate, that should be no hindrance: For I was ready to join with him in any Act, to make good any Contract of that Quality or Nature. But this did not seem to satisfy; and from that time, he began to withdraw himself by little and little from my Conversation, which gave me Jealousy that he had some ill Designs against me: And shortly after, hearing that he had carried Mrs. Litster to Thistleworth, and kept her there, I immediately sent for him, and when he came, told him, That I would no longer conceal my Marriage, but publish it to the World. He used several Arguments to dissuade me, but not prevailing left me dissatisfied, and in some Disorder; and the next Day wrote me the Letter following.  
THE News of your continued Health would be very acceptable to me, for though I may have many false, yet common Reports I hope will have no Influence over you, to encourage you to a Breach of Promise; after which, you may be certain, there never shall be any Correspondence betwixt us, nor will I give you one Penny more for separate Maintenance, than what the Law will allow. You have your Choice, whether you had rather disobey your Friends, or me; but if you comply with me in my Desires of Secrecy, you may have hopes of possessing as much of my Love as ever, and continue me Your Affectionate.  
This Letter needs some Explanation. The Secret meant in the Letter, was a Promise I made to him, to conceal my Name and Marriage when I came first into England, and continue the Name of Ridley, till he should think fit to let me appear publicly as his Wife: But however, by the Words Separate Maintenance, it imports a plain Confession, under his own Hand, that I was and am his lawful Wife.  
But however, he persisting afterwards to keep Company with Mrs. Litster, and I being informed that she pretended to be his Wife, in July, 1693. I libelled against him in the Spiritual Court, and caused him to be served to answer, which he seemed very unwilling to do, and by his Advocate, Dr. Pinfold, proposed to give me Two Thousand Pound to disclaim my Marriage, deliver up all my Papers, Writings, and Certificates relating to it, and sign the same Paper, or to the same Effect he had tendered to me before when he came from Thistleworth. This being refused by me, with this Declaration, That I would starve first; he was so concerned how to answer my Libel, that he offered to give me One Thousand Pound, and Two Hundred Pound per Annum only to desist, and prosecute him no further in that Court: And this likewise, at first I rejected; but afterwards, 
Proved by Mr. Miller. Mrs. Brownsworth. Mr. Hancock.  by the over Persuasion of himself and my Friends, I was prevailed with to accept, and he gave me a Judgement to secure me the Payment of the Thousand Pound within Eight Months, and promised punctual Payment of the Two Hundred Pound per Annum; and thereupon, I gave my Proctor's order to desist in my Suit, in the Ecclesiastical Court: But my Lord, soon after, beginning to wrangle with me about the Judgement, and not performing his Agreement, and keeping Company with Mrs. Litster, 
And the Libels and Answers upon Record.  I took up my Suit in the Commons, and pressed him for an Answer to my Libel; wherein he made so much Difficulty, that I was forced with some Charge, to procure the Judge himself, of the Court, to examine him upon the Articles in my Libel; who thereupon, ask him whether he took out the Licence at Verona, in the Libel set forth, he answered in these Words, That he did procure and obtain the Licence to marry me, but did not remember that he touched the Holy Gospel. Being asked what he did with it, and whether he married me or not, he demurred and desired to answer that Matter by Council: And well knowing what undeniable Proof there was of my Marriage, he betook himself to a new Invention, when he saw nothing else would do for the Ruin of us both; and upon the Third of August, 1693. makes Litster, by Collusion, Libel against him for Conjugal Rights (notwithstanding he kept her in his own House at Thistleworth, at that very time) and in that Libel, she expressly suggests and declares, That she was married to him in 1686. by Dr. Cluer, a Reverend Divine of the Church of England, in the presence of divers Credible Witnesses, accordind to the Rites of the Church: And my Lord, in his Answer to this Libel, confesses that he was Married to her. But it seems they overshot themselves, and considering, as is proved in the Cause, by her own Relations, that they were not so much as acquainted at that time; Mrs. Litster desires Leave of the Court to Reform her Libel, as they call it; and in November following, brings in a new Libel, and therein lays her Marriage to be upon the Sixteenth of May 1689. by the same Reverend Divine, and in the presence of divers Credible Witnesses. And here it is not improper to observe, that she herself differs but Three Years with herself as to the time of her own Pretended Marriage; But this is but a small Mistake amongst others in this Cause. But however this last Libel being too general, and the Place where she was married not being mentioned, nor any of the divers Credible Witnesses named; I put in an Allegation by my Proctors, Requiring her to set forth the Place, and who these divers Credible Witnesses were; with their Names, Qualities, and Places of their Abode. To which she answers, That the Marriage was at the Nagshead Alehouse by Doctor Cluer, in the presence of Charles Sherrard, Mr. Morton's Journeyman. So that at last the divers Credible Witnesses are dwindled into that Scandalous Doctor and one single Servant; and upon this infamous Testimony, his Lordship endeavours to establish his Marriage with Litster, and overthrow mine, contrary to his own Oath, all the Proceed of Law Proofs, Notorious Facts, and other Circumstances in Concurrence. And now, I hope, the Reader will allow me to have kept my word with him; I promised him a simple Narrative of Facts relating to the Proof of my Marriage, which I have exactly kept myself to, not in the least touching or reflecting upon any Matters tho' never so absurd and improbable, relating to Lyster's unaccountable Pretensions, any further than in the few observable Remarks following; which, I hope, the Reader will think no Transgression, but a Necessary part of my Vindication.  
I have already consulted in this Narrative, all the Niceties of Law, Honour, Justice and Conscience that occur in my own Case; but yet, lest the repetition of so many necessary Forms and Recitals should have made it seem heavy and tedious; It will not be amiss to pass some short Remarks in the Nature of a Summary upon the whole. And the Point will be shortly this; Was there ever any thing more Scandalous or Incredible than the Pretence and Menage of Litster's Pretended Marriage on the one hand; or ever any thing more Solemn or Notorious, or backed with a stronger Pregnancy of Proof and Presumptions, than Mine with the Earl of Banbury is on the other.  
Now, I should not concern myself in the Story of Litster's Marriage, if I were not in some sort upon a Disproof as well as a Defence, and drawn into it by Litster herself; but since it doubles the Credit of my Vindication to prove the one True and the other False; I hope the Reader will not think the Digression impertinent. To begin then with the Circumstances of Litster's Pretended Marriage: When was she Married? She charges it in 86. But upon second Thoughts (and my Lord at that time having no Acquaintance with her, as is Proved by her own Relations in the Cause.) She obtained Leave of the Judge of the Ecclesiastical Court, where the Cause depended, to reform her own Libel, and then lays it to be upon the Sixteenth of May 89. and differs with herself but Three Years in the Time of her own notable Wedding; But from that time, till about April 93. none of her Friends ever heard of this Marriage; and than it was high time, she being big with Child. And yet my Lord all this while, until he Married me, was at his own dispose and liberty, of full Age, had neither Father or Mother, or any Relation to awe and control him; and Mrs. Litster, likewise being in the same Condition Freedom; it will be hard to fancy a Reason why they should conceal it. In the next place, I must mind the Reader, that in August 89. which was scarce Three Months after this supposed Marriage; 
Mrs. Brownsworth.  my Lord, with his Sister the Lady Katherine, and all his Servants, came to my House in the Pall Mall; Lay there constantly, not a Night absent, and I lived in Part of the House with them till December, and then he persuaded me to go into France; but he continued in the House, disposed of my Goods and Writings at his own Will and Pleasure, till May following; and then came to me at Paris. And in all this time, no News of Litster either in Town or Country.  
Consider again, 
Proved by Timothy Hill. John Blake. Mr. Vaughan. Margaret Vassal.  the Place where they were Married. It was at the Nagshead Alehouse in Covent-Garden.  
And now to Crown the Work; The holy Man that Coupled 'em was Dr. Cluer, late Vicar of Croyden; a Person so famous, that whoever knows his Name, knows his Character; 
Marry 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 herself, or any of her Relations came near him: And surely, if she had looked upon herself as his Wife, she would 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 myself 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 Strong; r and yet not have erred from Truth.  
These Letters following being a further Proof of the Care that was taken in the Examination of the Foreign Witnesses; aught 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 Diocese 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 administered 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 Diocese 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 administered 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 authentic 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 Diocese 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 Administered 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 authentic 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.