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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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Counsellers to be Covered the Lords were call'd by their Names as followeth Earl of Po●●land Lord Treasurer Earl of Dorset and Middlesex Lord Chambl Earl of Manchester Lord privy Seal Earl of Arundel Lord Marshal Earl of Pembroke Earl of Kent Earl of Essex Earl of Warwick Earl of Carlisle Earl of Bedford Earl of Worcester Earl of Derby Earl of Leicester Earl of Salisbury Earl of Holland Lord Viscount Conway Lord Visc Wimbleton Lord Visc Wentworth Lord Visc Dorchester Lord Howard Lord Peircy Lord Strange Lord Clifford Lord North. Lord Peeters Lord Goring Judges Assisting at this Tryal Sir Nicholas Hyde Lord Chief Justice of England Sir Thomas Littleton Lord Chief Justice of the Common Pleas Sir Humphrey Davenport Lord Chief Baron Mr. Justice Jones Mr. Justice Whitlock Mr. Justice Crook Mr. Baron Denham The King 's Learned Counsel Mr. Sergeant Crew Mr. Attorney General Mr. Sollicitor General Sir John Finch Sir Thomas Fanshaw Clerk of the Crown Mr. Keeling with other Officers and Attendants The Lords having answer'd to their Names the Lieutenant of the Tower was requir'd to bring forth his Prisoner who was then in the Treasury Chamber and from thence was Guarded into the Court by the Warders of the Tower and being put into a place inclos'd for that purpose cover'd with Blew Bays and the Lieutenant of the Tower into another place adjoyning to it the Prisoner having made his Complement to the Lord High-Steward and the rest of the Noble Lords that were to Try him the Lord High-Steward spake to him in these words My Lord The King's Majesty being inform'd by common Fame and the Verdict of divers Gentlemen of Quality in the Country where you ●ive That you stand Impeach'd of several Great and Heinous Crimes that the Truth of the Charge may be known he has this day brought you to your Tryal therein imitating the Almighty in the XVIIIth of Genesis who came down to see if the Sins of the People were as Notorious as the Cry that was about them and truly the Kings of the Earth can have no better Example than what has been given them by the Great and all Wise King of Heaven and therefore our Sovereign who is God's Vicegerent upon Earth has now brought you to Justice and desires that all proceedings should be carried on with as much equality as the Rules of Equity and Justice themselves have prescribed And because my Lords the Crimes that will now be brought before you are of such a Horrid Nature that may justly raise in some of your Lordships a Detestation and in others Pity and Compassion I advise you to lay aside both these Considerations and let your Reasons and Consciences sway your Judgments and your Heads direct your Hearts My Lord Audley I question not but you are really satisfied as well as I am my self that the Noble Peers here Assembled have as much Justice in their Hearts as Noble Blood in their Veins and since such as they are to Try you if you are Conscious of your own Innocency speak without Fear for if you are falsely Accused those that do it shall not escape an Exemplary Punishment but if you know your self Guilty I advise you to give Honour to God and the King by Confessing your Faults for neither vain Confidence nor Subtlety can obscure or prevail against the Truth and if that touches your Heart your own Conscience will be a thousand Witnesses against you and God also who is greater than them all Persist not therefore in an Obstinate denial of the Truth for if you do God will put it into 'th Hearts of these Noble Lords to find it out and to do what is Just in relation to the Punishment of the Crime Consider of it and the Lord Direct you Lord Audley My Lord I have been six Months a Prisoner under a close Confinement without the Advice of Friends or Counsel and long Imprisonment has reduced me into a very weak Condition When I was in my best state of Health my Voice was very low and therefore I desire your Lordships will be pleas'd to allow me the liberty of Counsel to speak for me Lord High-Steward Your long Imprisonment has been a singular favour to you You have had more time than ever any Peer had that was brought to this Bar. However you shall ask nothing which the Law can give you but it shall be freely granted to you and therefore I will propound your Request to the Judges and leave them to give you satisfaction in it My Lords the Judges Will the Law allow us to give my Lord Audley the liberty of Counsel to speak for him I shall be glad to have your Opinions in it Lord Chief Justice Hyde In Criminal Causes Counsel cannot be allowed in matters of Fact in matters of Law it may Lord Chief Baron The Law is express in this Case and Counsel ought not to be granted Lord High-Steward Read the Indictment Clerk of the Crown Mervin Lord Audley Thou art here Indicted c. for that thou and Gyles Broadway Gen. both of Fountain Gifford in the County of Wilts not having the Fear of God before your Eyes but being moved and seduced by the Instigation of the Devil Did on the twentieth day of June in the Sixth Year of the Reign of our Sovereign Lord Charles by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at Fountain Gyfford aforesaid in the County aforesaid did by Force and Arms c. In and upon Ann Lady Audley then being in the Peace of God and our Sovereign Lord the King Make an Assault And the aforesaid Gyles Broadway the aforesaid Ann Lady Audley by Force and Arms against the Will of the said Ann then and there did violently and Feloniously Ravish and the said Ann then and there against her Will did Carnally know against the Peace of our Sovereign Lord the King his Crown and Dignity and against the Statute in that Case made and provided what sayest thou Mervyn Lord Audley art thou Guilty of the Rape of which thou standest Indicted or not Guilty Lord Audley Not Guilty Clerk of the Crown How will you be Tryed Lord Audley By God and my Peers Then the Clerk of the Crown Read another Indictment against the Lord Audley to this effect viz. That he Mervin Lord Audley not having God before his Eyes nor respecting the Order of Nature but moved and seduced by the Instigation of the Devil the first of June in the Sixth Year of our Sovereign Lord Charles c. at Fountain Gifford in the said County of Wilts in the Mansion House of the said Lord Audley Did there by Force of Arms upon one Florentius Fitz Patrick Wickedly Devilishly Feloniously and contrary to Nature exercise Venery and the said Florentius Fitz Patrick then and there did Carnally know and that Detestable and Abominable Sodomitical Sin called Buggery not to be named among Christians Then and there with the said Florentius Fitz
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 LONDON Printed in the Year 1699. THE PREFACE 'T IS no less deplorable than wonderful that in this Nation where the purest Religion is profess'd and where Vice and Immorality are punish'd by severe Laws Wickedness should ascend to such a height as equals if not exceeds all the Barbarous Regions of the Earth Time was when gross enormities in this Island like Batts and Owls were obscur'd by Night and Darkness and those that committed them were asham'd to own their Crimes or suffer their Examples to infect the open Air. They were contented to go to Hell alone without Usurping the Office of Belzebub or loading their Souls with the Guilt of Tempting their incautious Brethren but now the most Scandalous Inhuman Unnatural and Beastly Offences stalk abroad at Noon day and he thinks himself a Puny in Wickedness and scarce worth the Damning that can't boast of numbers of Souls that he has lead to Destruction Ravishing Women was a Crime rarely heard of among our Ancestors and though no Age has been so happy but it has produced some Monsters in Morality as well as Nature yet now this Sin is grown so common that scarce a Sessions passes wherein there is not one or more Convicted of Rape and that in the most Scandalous manner too upon the Bodies of meer Children Nay the Debauches of this Age have found out another way of Ravishing Women and that is of their Honours and Reputations for where the Villains have impudently assaulted the Chastity of Vertuous Women and have encountred nothing but Scorns or the Bastinado from a Foot-Man there they 'll be sure to fix a Scandal and boast of the Favours they ne'er received Nay a Fellow that has neither Sence in his Head Money in Pocket nor a Tatter to his Back but what a Louse wou'd break its Neck from shall dignifie himself Gallant to persons of the Best Quality that ne'er could reach above the Rank of a Dung-hill-raker Another Abomination that shocks our Natures and puts our Modesty to the Blush to see it so commonly perpetrated is the Devillish and Unnatural Sin of Buggery A Crime that sinks a Man below the Basest Epithet is so Foul it admits of no Aggravation and cannot be express'd in its Horror but by the Doleful Shrikes and Groans of the Damned A Sin that caus'd God Almighty Pluere Gehennam de Coelo to Rain down Hell-Fire upon Sodom and Gomorrah and turn a Fruitful and Pleasant Country into utter Barrenness and Desolation This Sin being now Translated from the Sadomitical Original or from the Turkish and Italian Copies into English not only in the Infamous Example of that Monster Ri by and other Notorious Sodomites but he●ring also that there is at this time several taken up at Windsor and others of the same Gang now Committed to Newgate who were ingag'd in a more than Beast-like Confederacy among themselves for exercising this Unnatural Offence I thought I could not more oblige the Publick than having this Tryal lying by me in an Old Manuscript which was never yet Printed to Publish it at this Juncture that by Reading the Sin so Tragically Delineated in its Horrid Shape and ugly Visage by the Grave and Learned Sages of the Law and in the Death of a Noble Peer other Men might be terrify'd and scar'd from those Sins that are attended with nothing but Infamy and Death in this World and Eternal Damnation in the next And Now seeing I have some Paper left give me leave to tell the Miscreants of our unhappy Days that the preceding Sins of Sodom which spaun'd the Unnatural Sin of Buggery were the same that now Reign among our English Debauche's and as they would avoid the Effects so they ought to be careful in removing the Cause or without the help of Prophecy 't is easie to foretel their R●ine Pride Luxury and Irreligion were the Infernal Parents of Sodomy and that of their Destruction And he must have neither Eyes nor Ears that knows not how egregiously the same Vices Reign amongst us also Pride is in its Achme and nothing so much admir'd as Ease and Softness Courtship Address and Entertainment And that Delicata Insania Effeminate Madness had banish'd all manly Vertues Instead of those Noble Characters of Vertue Wisdom and Courage the great things in Vogue and the only obtaining Bonne Graces are that the Fop Eats and Drinks nicely manages his Whore his Snuff-Box his Wigg his Comb and Glass discreetly mouths his Oaths finely and handles his Knife and Fork to Admiration But the great Qualification they Boast of and which wholly imploys our Modern Wits is in Belching out Blasphemy against the God that made them and throwing bitter Scoffs and Prophane Jests upon Religion and having no other way to demonstrate their Courage they shew it in this That they dare venture to be Damn'd to be accounted Contemptibly Witty But if they are not already so far sunk into Beast as they have lost the benefit of Thinking I wou'd faign stop their Career by a few Modest Questions viz. Whether they can the better indure Eternal Torment because they don't believe them Or whether they can extinguish the Flames of Hell by going Merily and Laughing thither You all know that Ri by 's other Heinous Crimes was Accompanied with horrid Blasphemy See your Faces in his Glass at the Bar on the Pillory and the Brink of Hell and if that will neither shame nor fright you let me beg the favour of you to leave the Kingdom for that will be the best Office you ever did or can do for England and the Obligation shall be gratefully acknowledg'd by Gentlemen If it ben't a Shame to Stile you so Your Humble Servant The Prefacer THE TRYAL AND Condemnation OF MERVIN TOUCHET Lord Audley Earl of Castle-Haven c. ON Monday the 25th of April in the Year of our Lord 1631. About the Hour of Ten in the Morning the Lord-Keeper Coventry being by special Commission Constituted Lord High-Steward of England with twenty six of the Nobility came into Westminster-Hall Attended by an Herald and six Sergeants at Arms And the Lord High-Steward being sat in a Chair of State and the Peers on each side of a Table cover'd with Green Velvet Proclamation was made for Silence Then Sir Thomas Fanshaw Clerk of the Crown Read the Commission and the Usher of the Black Rod kneeling before the Lord High-Steward presented his Lordship with a White Rod After which a second Proclamation was made Commanding all persons to keep to Silence and the Lord High-Steward having desir'd the Peers of the Realm and the Privy