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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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THE TRIAL OF THE LORD AUDLEY EARL OF CASTLEHAVEN For inhumanely Causing his Own WIFE to be RAVISHED AND FOR BUGGERY LONDON Printed in the Year 1679. THE TRIAL OF THE Lord Audley Earl of Castlehaven Judges SIR Tho. Coventry Lord Keeper Lord High Steward for that day Judges Assistant Hide Lord Chief Justice Richardson Lord Chief Justice of the Common Pleas. Davenport Lord Chief Baron Judge Jones Judge Harvey Judge Whitlock Judge Crooke Baron Denham Kings Council 1. Finch Recorder 2. Sr. Randal Crew 3. Mr. Attorney 4. Mr. Solicitor Queens Attorney The Names of the Jury follow THE Lords being all met and called the Jury appeared full and the Lord High Stewards Patent was read which was dated the 17th of April Anno Dom. 1631. The Lord High Steward made a short Speech praising and extolling the Kings Justice and Care of the State that his Majesty hearing of these abominable Crimes by report could hardly believe them not only reported but now by his Majesties Special Command and Direction Tryed and found by a Jury of able Men and sufficient Men at Salisbury then who opened the full business and explained the meaning of the Law for such heinous Crimes First for the Secondly for the Sodomy when and in what Kings Reign these Offences were made Death by the Common Law The Prisoner being brought to the Bar by the Lieutenant of the Tower the Lord Steward spoke to him bewailing of his Case for falling so far from God and expressed his sorrow for him not only as for a Subject but as a Peer and withall gave him this Caveat that in and out of all the Confession and Deposition concerning this business the Earl never fell into these foul Crimes until he first fell from God and changed his Religion and that by Fountayle and by perswasion of his Neighbour Roman Catholicks and that he leaving God God left him and that the Dignity of the Person did aggravate the Crime The Prisoner desires to speak The Lord Steward told him he should have time and leasure enough to speak for himself In the mean time if he had any thing to deliver shortly he should be heard desiring him to speak boldly without fear that he should have an honourable Tryal by those Peers he saw present who were without exception But withal he desired him for his own weale and the sooner to obtain mercy from the King to confess freely without circumstances that his own Conscience was more than a thousand Witnesses Then was the Indictment Read First For Sodomitry with Florence Fitzh-Patrich alias Fumy at Sarum the First of June 1630. Secondly For a Rape committed against his own Wife in compelling her and forcing her to yield against her will to the lust of one Giles Bradway at Sarum the 20th of June 1630. He the said Earl holding his Wife by one Arm and one Leg until the Fellow had satisfied himself the Earl holding a Knife in one hand which done the Lady endeavoured to kill her self with a Knife but they took the Knife from her and brake it Thirdly That the same Night he committed Buggery with Florence Fitzh-Patrich alias Fume being the 20th of June at Sarum To all three Indictments he pleads not guilty and desires leave to speak which was granted so he were short The Earl alledges he is no Scholar that he hath been kept these Six Weeks close Prisoner in the Tower where he could have no occasion to seek out any thing that might clear him and entreats the Lord Steward that he might have liberty to have Counsel The Lord Steward replyed that in all that time he had more notice of the Proceedings against him than any Prisoner before had to his Knowledg being often before the Council Table and face to face before his Accusers yet to satisfie the Earl the Lord Steward asked the Opinion of the Judges who all in one voice answered that it could not be granted but in points of Law if any such occurred he should have present Determination Then the Lord Steward said that his Tryal must be secundum veritatem facti little de jure If his Lordship or the Lords doubted any thing let them shew it to the Lord Steward and he would shew it to the Judges and so have present Answer That now he was to be judged by the Peers who were without any exception and because of their absolute Integrity no Oath was to be taken from them So the Earl pleads not guilty and submits himself to God his Peers and the right of his Cause Then begun the Kings Attorney to speak and open the whole business with the Circumstances and Depositions pressing them all against the Prisoner but so fairly and so judiciously that none could do better nor contrive so foul a business in fairer Terms First Mr. Attorney clears himself of any former spleen against the Person but against the Crimes that he should say nothing but what he could prove clearly which indeed he did perform that these ten years past during the time of his service to our late Majesty and our now present Sovereign he had never opened his mouth against any Peer in this Land wherein he commended greatly the King in his Government and the Peers in their Duty to their Sovereign then he shewed that these Detestable Crimes were now prosecuted by a Legal Course of Law that his Majesty and People might be clear of them that the Lord Audley for so they still called him was Legally indicted in his own Countrey Mr. Attorny goes on causes the Depositious to be read First he insists upon the Rape If a man saith he doth force a maried woman and that she yeild thereafter yet he dieth by the Law except she concieve yea though she cried not nor complained in time for this is no exception against the King but against the woman Mr. Attorny persists and shews there was no necessity of revealing it because the woman was in their Power The Earl tried his Wifes Chastity the first night of her Mariage with him and takes pleasure to make all men as bad as himself he tempts her first night after her mariage to lie with his Favorite Anthil whom the Earl said he loved above all men he saies also to her that her Body was his Body she must therefore use it at his pleasure and used Scripture for it To Anthil the Son of an Inkeeper being his Favourite he gave his Eldest Daughter in Mariage with 8000l of Portion this argues strong affection and that which all mankind abhors that is to have their Wifes prostitute to others the Earl took great delight in Next to Anthil scceeds Skipwith in the Earls affections whom from a Foot-Boy and a Page he advanced to be his Favourite and so stiled him usually and made him sit at his Table and makes him his Bed-Fellow sed quorsum hoc I leave that to your Lordships to judge to him he was not so favourable as to Anthil in