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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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consider what a dangerous preparative it was to this Kingdom that a mans Wife and his Son gaping after his Succession the Devil and wicked servants complotting together might bereave the greatest Peer of his Life Wherefore he desires them to see into what a Misery the Nobles Gentry and Commons did involve themselves by this example if he were condemned and so humbly submitted himself to God and the censure of his Peers and was removed to a place appointed till the Peers considered of it The Peers Names who were of the Grand Jury 1. Weston Lord Treasurer 2. Montague Lord Privy Seal 3. Earl Marshal 4. Lord Chamberlain 5. Earl of Kent 6. Earl of Worcester 7. Earl of Bedford 8. Earl of Essex 9. Earl of Dorset 10. Earl of Salisbury 11. Earl of Leicester 12. Earl of Warwick 13. Earl of Holland 14. Earl of Carlisle 15. Earl of Berkshire 16. Earl of Danby 17. Viscount Wimbleton 18. Viscount Conway 19. Viscount Dorchester 20. Viscount Wentworth 21. Lord Clifford 22. Lord Piercy 23. Lord Strange 24. Lord North. 25. Lord Peters 26. Lord Edw. Howard 27. Lord Goring The Peers being upon their Honours removed themselves to another Room and debated the Matter near three hours all the Lords except one found him guilty and that was my Lord North who conceived him guilty of neither But there was a great Contestation for the Buggery fifteen found him guilty twelve not but the Major part carried it The Kings Serjeant at Law desired Judgment Thereupon Sentence was pronounced against him by the Lord Steward who adjudged him to be carried back to the Tower and from thence to go to the place of his Execution to be hanged till he died The Earl hearing his Judgment sate down upon his Knees and protested upon his Salvation and Damnation that he was Innocent and then desired the Lords to intercede for him to his Majesty that his Majesty would be pleased to give him some respite to settle and reconcile himself to his God though he desired no Pardon of his Majesty of his Life which the Lords promised him and so the Court dissolved The Lord Steward gave him a Grave and Godly Admonition desiring him to reconcile himself to God and to be penitent for his Offences That he was beholding to his God that he was not strucken suddenly in the very Acts of Sin but he had this leasure to repent with many other comfortable Speeches Notwithstanding this Judgment there was a Warrant from his Majesty upon the Lords Intercession for his beheading The Manner of the Earl of Castlehaven his coming to the Scaffold Carriage and Speech there Mervin Lord Audley Earl of Castlehaven being at his Arraignment the 25 of April 1631. recieved the Sentence of Death It was not long after before the Warrant for his Execution was signed and that to be upon Saturday the 14 of May following notice whereof was given him and his Coffin carried into the Tower about a week before that he might the better prepare himself for Death The Dean of Pauls Doctor Winerfe failed not daily to visit him and to see how he stood and to settle him in his Religion upon the 1st of May he published in writing under his Hand the Articles of his Faith and the Day for him to suffer in being come there repaired unto him of Noblemen Gentry and others a world of people to behold the same He came attired in a plain black Grogram Suit a falling Band a Hat without a Band coming along notwithstanding the mighty Guard which attended him such was the Concourse and Press of people both men and women to see him that his person was scarce free but even both along in the throng insomuch that his man was fain to settle anew and amend his Gown on his Back when he came to mount the Scaffold which being ascended the Dean of Pauls and Doctor Wickham together with his servants he saluted the Noble Personages and whole Assembly shewing to them all a very Noble Manly and Chearful Countenance such as seemed no ways daunted with the fear of Death After a short while shewing himself to the people he addressed himself to Prayer the Deans accompanying him in that Exercise but somewhat apart which being not long he stood upon his Legs and leaned upon the two Deans conferring with them then after he turned to the Lords and spake to this effect I acknowledge with thankfulness the great Goodness of Almihgty God that it hath pleased his Divine Majesty to bestow on me many Endowments as Honour Riches and the like which I have mispent having been a vicious Liver and justly deserved Death forasmuch and in that the least sin at Gods hands justly deserveth Death and no less but for the two heinous Crimes with which I am branded condemned and here to suffer for I do here deny them upon my death freely forgiving those that have accused me and have been the occasion of my Death even as freely as I my self do desire forgiveness at Gods hands which I hope to obtain through his infinite Goodness and Mercy and somewhat the rather by your Christian Prayers which I expect and humbly beg of your Lordships and this whole Assembly Now forasmuch as there hath been speech and rumour of my unsetledness in my Religion I have for explanation thereof not only made Confession of my Faith to those two Worthy Doctors but for better satisfaction to the World in that Point exprest the same in writing under my Hand signed which as it is here set down I desire may be publickly read The Confession of his Faith was read by a young Gentleman with a loud Voice as followeth In the Name of God Amen I Mervin Earl of Castlehaven being in my full strength and perfect Memory Thanks be given to my Maker having been branded and openly accused for Change Alteration and Doubtfulness of my Faith and Religion I thought it fit like a Christian man to give satisfaction upon what Grounds I stand for my Belief and I express it under my Hand for the satisfaction of all charitable people and Christian men First I do believe in the Blessed and Glorious Trinity three Persons one Eternal and ever-living God God the Father God my Redeemer God my Sanctifier I do believe upon the Merit Death and Passion of our Blessed Saviour Christ Jesus and upon his Mediation for the Remission of my Sins I do believe and use with most humble Reverence the Lords Prayer the Creed of the Apostles and the Ten Commandments as they are set down and allowed by the Church of England I do believe the Canonical Scriptures that they are written by the inspiration of the Holy Spirit I do believe the Book of Common Prayer allowed of in the Holy Scripture and in the Church of England to be an excellent Form for the Service of God and to the use of the same and for the rest of my Belief I do refer it to the true orthodox Faith of
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