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A63198 The trial of the Lord Audley, Earl of Castlehaven, for inhumanely causing his own wife to be ravished, and for buggery Castlehaven, Mervyn Touchet, Earl of, 1592?-1631, defendant.; England and Wales. Court of Common Pleas. 1679 (1679) Wing T2227; ESTC R18229 8,611 16

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consider what a dangerous preparative it was to this Kingdom that a mans Wife and his Son gaping after his Succession the Devil and wicked servants complotting together might bereave the greatest Peer of his Life Wherefore he desires them to see into what a Misery the Nobles Gentry and Commons did involve themselves by this example if he were condemned and so humbly submitted himself to God and the censure of his Peers and was removed to a place appointed till the Peers considered of it The Peers Names who were of the Grand Jury 1. Weston Lord Treasurer 2. Montague Lord Privy Seal 3. Earl Marshal 4. Lord Chamberlain 5. Earl of Kent 6. Earl of Worcester 7. Earl of Bedford 8. Earl of Essex 9. Earl of Dorset 10. Earl of Salisbury 11. Earl of Leicester 12. Earl of Warwick 13. Earl of Holland 14. Earl of Carlisle 15. Earl of Berkshire 16. Earl of Danby 17. Viscount Wimbleton 18. Viscount Conway 19. Viscount Dorchester 20. Viscount Wentworth 21. Lord Clifford 22. Lord Piercy 23. Lord Strange 24. Lord North. 25. Lord Peters 26. Lord Edw. Howard 27. Lord Goring The Peers being upon their Honours removed themselves to another Room and debated the Matter near three hours all the Lords except one found him guilty and that was my Lord North who conceived him guilty of neither But there was a great Contestation for the Buggery fifteen found him guilty twelve not but the Major part carried it The Kings Serjeant at Law desired Judgment Thereupon Sentence was pronounced against him by the Lord Steward who adjudged him to be carried back to the Tower and from thence to go to the place of his Execution to be hanged till he died The Earl hearing his Judgment sate down upon his Knees and protested upon his Salvation and Damnation that he was Innocent and then desired the Lords to intercede for him to his Majesty that his Majesty would be pleased to give him some respite to settle and reconcile himself to his God though he desired no Pardon of his Majesty of his Life which the Lords promised him and so the Court dissolved The Lord Steward gave him a Grave and Godly Admonition desiring him to reconcile himself to God and to be penitent for his Offences That he was beholding to his God that he was not strucken suddenly in the very Acts of Sin but he had this leasure to repent with many other comfortable Speeches Notwithstanding this Judgment there was a Warrant from his Majesty upon the Lords Intercession for his beheading The Manner of the Earl of Castlehaven his coming to the Scaffold Carriage and Speech there Mervin Lord Audley Earl of Castlehaven being at his Arraignment the 25 of April 1631. recieved the Sentence of Death It was not long after before the Warrant for his Execution was signed and that to be upon Saturday the 14 of May following notice whereof was given him and his Coffin carried into the Tower about a week before that he might the better prepare himself for Death The Dean of Pauls Doctor Winerfe failed not daily to visit him and to see how he stood and to settle him in his Religion upon the 1st of May he published in writing under his Hand the Articles of his Faith and the Day for him to suffer in being come there repaired unto him of Noblemen Gentry and others a world of people to behold the same He came attired in a plain black Grogram Suit a falling Band a Hat without a Band coming along notwithstanding the mighty Guard which attended him such was the Concourse and Press of people both men and women to see him that his person was scarce free but even both along in the throng insomuch that his man was fain to settle anew and amend his Gown on his Back when he came to mount the Scaffold which being ascended the Dean of Pauls and Doctor Wickham together with his servants he saluted the Noble Personages and whole Assembly shewing to them all a very Noble Manly and Chearful Countenance such as seemed no ways daunted with the fear of Death After a short while shewing himself to the people he addressed himself to Prayer the Deans accompanying him in that Exercise but somewhat apart which being not long he stood upon his Legs and leaned upon the two Deans conferring with them then after he turned to the Lords and spake to this effect I acknowledge with thankfulness the great Goodness of Almihgty God that it hath pleased his Divine Majesty to bestow on me many Endowments as Honour Riches and the like which I have mispent having been a vicious Liver and justly deserved Death forasmuch and in that the least sin at Gods hands justly deserveth Death and no less but for the two heinous Crimes with which I am branded condemned and here to suffer for I do here deny them upon my death freely forgiving those that have accused me and have been the occasion of my Death even as freely as I my self do desire forgiveness at Gods hands which I hope to obtain through his infinite Goodness and Mercy and somewhat the rather by your Christian Prayers which I expect and humbly beg of your Lordships and this whole Assembly Now forasmuch as there hath been speech and rumour of my unsetledness in my Religion I have for explanation thereof not only made Confession of my Faith to those two Worthy Doctors but for better satisfaction to the World in that Point exprest the same in writing under my Hand signed which as it is here set down I desire may be publickly read The Confession of his Faith was read by a young Gentleman with a loud Voice as followeth In the Name of God Amen I Mervin Earl of Castlehaven being in my full strength and perfect Memory Thanks be given to my Maker having been branded and openly accused for Change Alteration and Doubtfulness of my Faith and Religion I thought it fit like a Christian man to give satisfaction upon what Grounds I stand for my Belief and I express it under my Hand for the satisfaction of all charitable people and Christian men First I do believe in the Blessed and Glorious Trinity three Persons one Eternal and ever-living God God the Father God my Redeemer God my Sanctifier I do believe upon the Merit Death and Passion of our Blessed Saviour Christ Jesus and upon his Mediation for the Remission of my Sins I do believe and use with most humble Reverence the Lords Prayer the Creed of the Apostles and the Ten Commandments as they are set down and allowed by the Church of England I do believe the Canonical Scriptures that they are written by the inspiration of the Holy Spirit I do believe the Book of Common Prayer allowed of in the Holy Scripture and in the Church of England to be an excellent Form for the Service of God and to the use of the same and for the rest of my Belief I do refer it to the true orthodox Faith of
the Church of England And for the Articles received at this present time in the Church of England and confirmed by the Authority of Parliament I do not differ in any Points renouncing all the superstitious Errors taught or believed in the Church of Rome or any other Church In which Faith I will continue God willing to my Lives end in testimony whereof I have here subscribed my Hand the first Day of May 1631. Then he proceeded I acknowledge the great Justice and Mercy of the Kings Majesty His Justice in bringing me to the Bar and His Mercy in affording me such a Noble and Gracious Trial here and I give His Majesty humble and hearty Thanks for signing my Death to be in this manner contrary to the Sentence pronounced against me at my Arraignment But there is a greater Favour than this for which I am to render Thanks unto His Sacred Majesty and that is the long time I have had to repent in whereof praysed by Almighty God I can speak with comfort I have made good use and am now fully prepared for Death and much the better by the good help and instruction of these two worthy men to whom I acknowledge my self bounden and do here before you all give them hearty Thanks for their great pains taken in coming to me praying for me and preaching and reading to me And I desire your Lordships to present my humble acknowledgment to His Majesty and for His Goodness in sending them to me and my Thanks for the same I do also from my heart desire and beseech Almighty God to bless the Kings Majesty the Queen and the Young Prince together with all such other Issue as he shall hereafter in Mercy bestow on them and the whole State and my Trust and Desire is there may be ever one of there Line to sway the Scepter of these Kingdoms to the Worlds end And I beseech and do heartily pray for the Welfare and happy Prosperity of the King and Queen of Bohemia with all their Princely Issue I do again desire your Lordships to make Tender of my humble acknowledgement of his Mercy and Goodness And now lastly That you will not bend your Eyes so much upon me as your Hands and Hearts to Heaven in Prayers for me and so I take my last Farewel of your Lordships and the World Then he went again to his private Prayers which being done he prepared himself for Death striving to shew the like Courage and Magnanimity which he had formerly done unto the last but sight of the Headsman whom yet he freely forgave and took him by the hand bidding him do his Office manfully together with the apprehension of his near approaching End made him somewhat to change colour and shew some signs of trembling Passion for his Hands shook a little in undoing his Band-strings which his man perceiving stept to him and helpt him as also off with his Doublet Then taking leave again of the Lords the Doctors and his man saying a very short Prayer by himself he pulled down his Handkercher over his Face and laid his Head upon the Block which was watched for by the Executioner who instantly at one Blow smote it off And thus died that Great Lord of Castle-Haven FINIS If a Man force a Whore yet he dieth by the Law No Man being never so ill but would have his Wife better The Ladies were in a Room behind the Chancerie the Lords that went to them were four Bedford Essex Warwick Leicester