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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A75604 The arraignment and conviction of Mervin Lord Audley, Earle of Castlehaven, (who was by 26. peers of the realm found guilty for committing rapine and sodomy) at Westminster, on Monday, April 25. 1631. By vertue of a commission of oyer and terminer, directed to Sir Thomas Coventry, Lord Keeper of the Great Seale of England, Lord high Steward for that day, accompanied with the judges. As also the beheading of the said Earle shortly after on Tower Hill. Castlehaven, Mervyn Touchet, Earl of, 1592?-1631. 1643 (1643) Wing A3743; Thomason E84_2; ESTC R20942 7,427 16

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examination THat Henry Skipwith was the speciall favourite of the Lord and that he usually lay with him and that Skipwith sayd the Lord made him lye with his owne Lady Awdley and that he saw Skipwith in his sight doe it my Lord being present and that he lay with Blaudma in his sight and foure more and afterwards he himselfe in their sights Henry Skipwiths examination HE spent five hundred pounds per annum of the Lords purse He lay for the most part in bed with the Earle hee gave him his house in Salisbury and a Mannour of a hundred and threeseore pound per annum and that hee usually lay with the young Lady and there was love before and afterwards And that my Lord said hee would rather have a boy of his getting then of any other and that shee was but thirteene yeares old when he lay with her and that hee could not enter her body without art and that my Lord gave her things to open her That Blawdma lived halfe a yeere in my Lords house and was a common whore Fitz Patricks examination THe Lord made him lye with him at Fountaine and Salisbury and once in the bed semen consumpsit but did not penetrate his body and that hee heard he did-so with others That Skipwith lay with the young Lady often and that the Lord would have a boy by him that Blawdma lived halfe a yeare in the Lords house and was a common whore Friers examination THat Henry Skipwith and the Lady lay together and that he would faine have a boy by him The young Lady Audleyes examination THat she was married to her husband by a Romish Priest in the morning and at night by a Prebend of Kelkenny that shee was first tempted to lye with Skipwith by the Earle of Castlehaven and that she had no meanes but that which Skipwith gave her but she would not lye with Pawlet he solicited also to lye with Greene that hee saw Skipwith and shee lye together divers times and nine of the servants in the house had likewise seene it When he solicited her she said her husband loved her not and that he would turne her out of doores if she did not and if she would not he would tell her husband she did That he used a wyld to enter her body first that he usually lay with her and it was with the Earles priviry Broadwayes examination HE lay at the beds feet and in the night he called for Tobacco and as he brought it caught him and bid him come to bed to him and his wife and held one of his wives legs and both her hands and at last he lay with her notwithstanding her resistance That he used his body like a woman sed nunquam penetravit quamvis inter femine semen suum consumpsit He hath seene Skipwith and the young Lady lye together in bed and when he got upon her the Lord hath stood by and encouraged him to get her with childe and made him kisse his Lady and lye with her telling him he should not live long and it might be his making and he said to Skipwith the like The Countesses examination AT Fountaine the Lord brought Broadway to bed and hee held her hands and one of her feet whilst Broadway lay with her and that she caught a knife and would have killed her selfe but that they tooke it from her The Earles examination HEE desired to bee pardoned in those things of which hee must accuse himselfe and that condemnation should not come out of his owne mouth Master Attorney generall said you have seene the cleernes of the cause proved and I know your wisedomes to be such as you well know in so darke a businesse a clearer cannot be for let a man be never so wicked he will not call witnesses to see it Lord high Steward asked whether may a wife be witnesse against her husband Judges answer In civill causes she cannot in criminall shee may especially where she is the party grieved Lord high Steward asked whether buggery was within the Statute without penetration Judges answer It may the use of the body to spend seed doth it Lord high Steward asked whether one can ravish a woman of ill fame or no. Judges answer a whore may be ravished and it is felony to doe it Lord high Steward asked whether there be a necessity of accusation for ravishing in convenient time Judges answer in an indictment there is not in an appease there is Lord high Steward asked whether men of no worth shall be sufficient proofe against a Baron Judges answer any man in felony Then the Lords went away to consider and after their returne the Lord Steward asked one by one first of the indictment of rape to which they all answered Guilty then to the other and fifteene found him guilty and the rest not Lord Audley spake for himselfe that his wife had beene naught and had a childe which hee concealed to save her honour and that his son now became 21. yeares of age and hee old that the one would have lands the other a younger husband and therefore they plotted his death Then the Lieutenant was called to bring out the prisoner who when he was come to the Barre the Lord high Steward spake to him in this manner Mervin Lord Audley you have beene indicted and have pleaded not guilty and put your selfe on God and your Peers who have found you guilty of both and therefore my heart grieveth that my tongue must utter but justice is the way to cut off wickednesse O thinke upon your offences which a Christian ought scarce to name and which the depraved nature of man which carries us to all vice yet hates this unnaturall sin and you have not onely offended against the nature but the rage of a man jealousie and though you dye not for it yet you have abused your daughter and having honour and fortune to leave behinde you would have had the spurious seed of a varlet to inherit both But my Lord it grieves me to see you stand against a truth apparant and concluded upon how God might have taken you away in your sinnes and therefore I hope he hath reserved you as a subject of mercy when you were blinded in your sins he sends you to see this day of shame to turne you to him and seeing hee doth in a manner draw you spend the rest of your time in teares and repentance and this dayes worke is a correction for many crimes corruption The Lord high Stewards sentence of death pronounced against the Lord Castle haven FOrasmuch as thou Mervin Lord Audley hast been indicted of divers fellonies for which thou desiredst to be tryed by God and thy Peeres which tryall thou hast had and they have found thee guilty of them thy sentence therefore is that thou returne to the place from whence thou camest and from thence to the place of execution there to bee hanged by the necke till thou be dead And the Lord have mercy upon thee FINIS