Before this, in 1765, the Duke of Kingston's affection for her seeming to wane, Elizabeth, who was getting fat as well as old, started for Carlsbad to drink the waters. "She has no more wanted the Carlsbad waters than you did," wrote Lord Chesterfield. "Is it to show the Duke of Kingston he can not live without her? A dangerous experiment, which may possibly convince him that he can. There is a trick, no doubt, in it, but what, I neither know nor care." "Is the fair, or, at least, the fat Miss Chudleigh with you still? It must be confessed she knows the arts of courts to be so received at Dresden and so connived at in Leicester Fields." At last the bonds of a marriage in which he was never allowed even to speak with his wife became intolerable to Captain Hervey; and some negotiations were entered into between them, whereby it was agreed that she should institute a suit in the Consistory Court of the Bishop of London for the jactitation of the marriage, and that he should not produce evidence to establish it. The case came on in the Michaelmas term, 1768, and was in form, proceedings to restrain the Hon. Augustus John Hervey from asserting that Elizabeth Chudleigh was his wife, "to the great danger of his soul's health, no small prejudice to the said Hon. Elizabeth Chudleigh, and pernicious example of others." There was a counter-suit of Captain Hervey against her, in which he asserted that in 1743 or 1744, being then a minor of the age of seventeen or eighteen, he had contracted himself in marriage to Elizabeth Chudleigh, and she to him; and that they had been married in the house of Mr. Merrill, on August 9, 1744, at eleven o'clock at night, by the Rev. Thomas Amis, since deceased, and in the presence of Mrs. Hanmer and Mr. Mountenay, both also deceased. As will be seen, the counter-libel was incorrectly drawn. The marriage had not taken place in the house, but in the church; Mr. Hervey was aged twenty, not seventeen or eighteen; and Anne Craddock, the sole surviving witness of the ceremony, was not mentioned. The register of the marriage was not produced,[6] and no serious attempt was made to establish it. Accordingly, on February 10, 1769, sentence was given, declaring the marriage form gone through in 1744 to have been null and void, and to restrain Mr. Hervey from asserting his claim to be husband to Miss Elizabeth Chudleigh, and condemning him in costs to the sum of one hundred pounds. As the Attorney-General said at her subsequent trial, "a grosser artifice, I believe, than this suit was never fabricated." On March 8, 1769, the Duke of Kingston married Elizabeth Chudleigh by special licence from the Archbishop, the minister who performed it being the Rev. Samuel Harper, of the British Museum, and the Church, St. Margaret's, Westminster. The Prince and Princess of Wales wore favours on the occasion.