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A63146 The tryal and condemnation of Mervin, Lord Audley Earl of Castle-Haven At Westminster, April the 5th 1631. For abetting a rape upon his Countess, committing sodomy with his servants, and commanding and countenancing the debauching his daughter. With the learned speeches of the Lord High-Steward, the arguments of the King's-Councel upon that occasion, and the Lord Audley's speech at the place of execution. Castlehaven, Mervyn Touchet, Earl of, 1592?-1631. 1699 (1699) Wing T2144; ESTC R219718 15,249 39

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but in Criminal Causes she may But my Lord what do you say to what these Fellows your Servants have Sworn against you Lord Audley They are persons of mean and base extraction and suborn'd by my Wife and Son to take away my Life and Witnesses according to Law should be honest Men and of untainted Reputation which these are not Fitz-Patritk is a Recusant and therefore cannot be a Witness besides I have often beat him for his Knavery and turn'd him away and now he is hired by my Son to Swear against me To which the Judges answered it did not appear he was Convicted of Recusancy that all are held Legal Evidences for the King till they are Convicted of Crimes that may disable them and as to their Reputation no Men of unstain'd Credit could be Witnesses of such monstrous Inhumanities besides what the Witnesses have Sworn has put their own Lives into the same danger with his Lordship's Lord Audley My Lord I desire to know whether the Statute intends that all kind of pollution Man with Man is Buggery or not seeing the Witnesses say there was no penetration Lord High-Steward My Lords the Judges you hear the Lord Audley's Query pray give him your Opinions Lord Chief-Justice It is Buggery by the Law for the Law of this Land makes no distinction of Buggery if there be Emissio Seminis Lord High-Steward Are persons of mean Extraction and of no Estates sufficient Evidences against a Baron Lord Chief-Justice Against any Man Lord High-Steward Is a Man that is Particeps Criminis a party in the Crime a Legal Witness against the Accused Lord Chief-Justice Yes my Lord for otherwise Facts of this nature would seldom or never be discovered and till he is Attainted he is Bonus legalis Homo a Competent Evidence Then the Lords withdrew to consider of the Evidence and being return'd the Lord High-Steward asked them one by one whether my Lord Audley was Guilty of the Rape or not Guilty and they Seriatim laying their Hands upon their Hearts all answer'd Guilty Then his Lordship ask'd them whether he was Guilty of Sodomy or not Guilty and fifteen of the six and twenty answer'd Guilty Then the Lieutenant of the Tower was Commanded to bring forth his Prisoner and he being brought to the Bar the Lord High-Steward spoke to him as followeth Lord High-Steward Mervyn Lord Audley you have been Indicted of two Heinous Crimes Rape and Sodomy you have pleaded not Guilty and put your self upon God and your Peers who have found you Guilty of both and now my Heart grieves for what my Tongue must utter but Justice is the way to cut off all Wickedness O think upon the Turpitude of your Offences with an unfeigned Sorrow and a Sincere Repentance and as your Crimes have been Abominable so let your Mortification for them be as remarkable 'T is not a slight and formal Contrition can obliterate your Offences for you have not only Sin'd against the Law of God and Nature but against the Rage of Man Jealousie and though you are not Condemn'd for that enormity you caus'd your Daughter to be abused and having Honour and Fortune to leave behind you would have the spurious Issue of a Varlet to Inherit both My Lord I am sorry to see you so unconcerned and that you discover no signs of Sorrow or Repentance for the Crimes you have Committed How are you obliged to bless God that his Judgments did not seize and hurry you away with the load of these Sins upon your Conscience and in the very Act of your Filthiness but has I hope reserv'd you as a Subject of his Mercy and when you were blinded in your Sins has brought you to this day of Shame that the sight of them might turn you to him by Shame Sorrow and Repentance These my Lord are Arguments that invite you to lay hold of his Mercy and secure a happy Eternity and therefore I advise you to improve this opportunity and for the few Moments you have to Live indeavour to wash away your Crimes in Tears of true Repentance for the many Crimes you have Committed That the Sentence I am going to Pronounce may prevent your dreadful Doom from God Almighty The SENTENCE For as much as Thou Mervyn Lord Audley hast been Indicted of divers Fellonies and by thy Peers hast been found Guilty of them thy SENTENCE therefore is That Thou return to the place from whence Thou camest and from thence to the place of Execution and there be Hang'd by the Neck till thy Body be Dead And the Lord have Mercy on Thee The Lord Audley hearing his Sentence fell upon his Knees denied the Fact and desired the Lords to intercede with His Majesty to grant him a little time to reconcile himself to God which their Lordships promised they would and then the Court was dissolved At the Intercession of the Lords he had time given him by the King till Saturday the Fourteenth of May and the SENTENCE was changed into that of Beheading His Coffin was sent to him about a Week before his Death and he was daily visited by Dr. Wickham Dean of S. Paul's to prepare himself for his Dissolution The Day of his Execution being come he ascended a Scaffold on Tower-Hill in a plain Black Grogram Suit a falling Band and a Black Hat without a Band Accompanied by Dr. Winnerf and Dr. Wickham and several Noblemen and Gentlemen Then he address'd himself to Prayers and having done he stood upon his Legs and leaning upon the two Deans after a short and private Conference with them he turned to the Lords and spoke as follows I Thankfully acknowledge the great goodness of Almighty God whose Divine Majesty has bestow'd upon me Honour Riches and other Endowments which I have mispent in a Vicious Life and have justly deserv'd Death as the Reward of my Sins against God but for the two Heinous Crimes for which I am now to Suffer I deny them upon my Death and freely forgive all that have been any way accessary to it even as heartily as I desire Forgiveness at the Hands of God which I hope to obtain through his Infinite Goodness and Mercy and the assistance of your Prayers which I humbly beg of your Lordships and this whole Assembly It has been Reported to my Disadvantage that I have been unsetled in my Religion and therefore I have made a Confession of it to these two worthy Doctors and have Publish'd it in Print under my Hand a Week since and do now again Renounce all the Errors and Superstitions Taught by the Church of Rome or any other Church and declare my self a Member of the Church of England and stedfastly Believe all the Articles of that Church as they are confirmed by Authority of Parliament Having thus acquainted you with the Articles of my Faith I must next acknowledge the great Justice and Mercy of the King's Majesty His Justice in bringing me to a Tryal and his Mercy in appointing me to be Tryed by such Noble Peers and in assigning me this kind of Death rather than that pronounc'd in my Sentence but above all for giving me so long a time to repent in and sending these two worthy Divines to assist me for I hope nay can speak it to my Comfort that I have made such good use of these Favours that I am fully prepar'd to Die and before you all give my hearty Thanks to these two good Men for the great pains they have taken in coming to me praying for me and Preaching and Reading to me and I desire your Lordships will give my humble Thanks to the King for sending them to me and for all the rest of his Favours for which I pray God to Bless His Majesty the Queen the young Prince the King and Queen of Bohemia and all the Royal Family And now my Lords and all you who are Spectators I humbly request you that you would remove your Eyes from me and your Thoughts from what I am to suffer and lift up your Eyes your Hands and your Hearts to Heaven in Prayer for me and so I take my last Farewell of your Lordships and all the World After this his Lordship betook himself to his private Prayers and then undrest and prepar'd himself to receive the Fatal Stroke Then taking leave again of the Lords and Doctors he prayed a while by himself pull'd his Hankerchief over his Face laid his Neck upon the Block and having given the Sign the Executioner at one Blow divided his Head from his Body FINIS