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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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The true portraiture of the Earle of Castlehaven The Lords that were his Peeres sate on each side of a great Table covered with greene whose names are as followeth 1. The Lord Weston Lord Treasurer 2. Earle of Manchester Lord Privy Seale 3. Earle of Arundel and Surrey Marshall 4. Earle of Pembroke and Montgomery Lord Chamberleyn 5. Earle of Kent 6. Earle of Worcester 7. Earle of Bedford 8. Earle of Essex 9. Earle of Dorset 10. Earle of Leicester 11. Earle of Salisbury 12. Earle of Warwicke 13. Earle of Carlisle 14. Earle of Holland 15. Earle of Danby 16 Viscount Wimbleton 17. Viscount Conaway 18. Viscount Wentworth 19. Viscount Dorchester 20. Lord Piercy 21. L Strange 22. Lord Clifford 23. Lord Peter 24. Lord North. 25. L Howard 26. Lord Goring THE ARRAIGNMENT AND CONVICTION OF MERVIN Lord AVDLEY 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 Iudges As also the beheading of the said Earle shortly after on Tower Hill LONDON Printed for Tho Thomas 1642. THE ARRAIGNMENT OF The Earle of Castlehaven THomas Lord Coventry Lord Keeper of the Great Seale of England was for this day Lord high Steward of England who brought the Commission into the Court and after an Oyez gave it to the Serjeant at Armes who gave it to Sir Thomas Fanshaw to reade who reads it and then the usher of the blacke Rod kneeled downe to my Lord and presented him with a white rod. He had seven great Maces carried before him when hee came into the Court hee sate in a chaire of State there attended him a Harald at Armes The Judges sate before the Lords on each side of the table whose names were 1. Sir Nicholas Kide Lord chiefe Justice of England 2. Sir Thomas Richardson Lord chiefe Justice of the Common Pleas. 3. Sir Humphrey Davenport Lord chiefe Baron 4. Baron Denham 5. Judge Iones 6. Judge Hutton 7. Judge Whitlocke 8. Judge Crooke the Kings learned Counsell 9. Serjeant Crew Master Attorney generall Master Solicitor Sir Iohn Finch Sir Thomas Fanshaw Clarke of the Crowne After the Commission was read and the st●ffe received by the Lord high Steward he commanded an Oyez to be made and after gave licence to all the Peeres of the Realme to put on their hats and then all the Lords were called by their names and answered particularly to them Then was the Lieutenant called to bring forth his prisoner who sate by the Common Pleas and hee brought him to the barre with divers of the Guard attending upon him where he had a place in manner of a pew lined with geat velvet and the Lieutenant another adjoyning to it and when he had done his obeysance to the Lord Steward and the rest of the Lords who also returned it to the Lord high Steward spoke to him to this effect My Lord Awdley the King hath understood both by report and the verdict of divers Gentlemen of quality that you stand impeach●d of divers great and haynous crimes and to try if they be true he brings you here this day to triall doing like the Almighty King in the 18. of Genesis that sent downe to see whether their sinnes were so grievous as the cry of them and Kings on earth can have no better paterne to follow then the Kings of heaven the Soveraigne Gods Vicegerent on earth hath commanded that you should be tried this day and the desire of his Majesty is your try all should be as equall as equity it selfe And because the crimes that come this day before you may in some breed detestation and the person in others compassion first lay these two aside and let your reason sway your judgement and your head your heart And therefore these Peeres who are your Peeres and who have as noble justice in their hearts as noble blood in their veynes are this day to try you therefore if you be innocent speake without feare and bee sure those that accuse you shall not escape free But if you be faulty I advise you to give honour to God and the King and confesse your fault for it is no vaine confidence nor subtilty that can hide the truth therefore if truth touch you at the heart and your conscience is a thousand witnesses and God is greater then both stand not against it and if you doe not God will put into the hearts of those noble persons to finde it out and doe that is just The Lord Awdley said I have beene a close prisoner these six months without friends and without Counsell and am but of a weak speech at the best and therefore I desire to have the liberty of having a Counsell to speake for me My Lord high Steward said For your imprisonment to you it hath beene a speciall favour for you have had time enough more then ever any man had that hath beene committed for such offences and more favour then ever any man that came to this bar and you demand nothing that the law can allow you but you shall have it but for your demand I must move it to the Judges and they shall satisfie you in it or in any other thing you require Then he propounded it to the Judges who answered that in criminall causes counsell is not to be allowed but for matter of law hee may Sir Thomas Fanshaw read the Indictment and asked him whether he was guilty or not Lord Audley answered not guilty Sir Thomas Fanshaw said how wilt thou be tried L. Audley answered by God and my Peers The Lord high Steward said the prisoner is indicted of rape and sodomy by two indictments and htah pleaded not guilty and it is my duty to charge you to stand to the triall of it and you are to judge of it as they are to be proved by evidence and you are to ballance it This cause may cary in it in some pity in others detestation both of which ought to be put into the ballance for a graine on either side may sway the scale but reason must rule your affections and your heads your hearts you are to give an attentive eare and then weigh equally that the scale may leane the right way and the Judges will assist you in point of law which if you doubt one may propound it to me and I to them or of the prisoner this your Lordships are to doe without corporall oath The law conceiveth you of such that you will do that for justice which others doe for their oath and therefore admits of no challenge God direct you to it Master Attorny said my Lord high Steward and it please your Grace there are two Indictments against Martin Lord Audley the first for Rape the second for Sodomy the prisoner is honourable the crimes