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lord_n	edward_n	sir_n	son_n	17,437	5	5.7894	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

Patrick Devilishly Feloniously and contrary to Nature did commit and perpetrate to the great Displeasure of Almighty God and Disgrace of all Mankind and contrary to the Peace of our said Sovereign Lord the King his Crown and Dignity and against the Statute in this Case made and provided c. The like Indictment for the same Offence Committed with the same Person on the Tenth of June the same Year at New Sarum in the Mansion House of the Lord Audley was also prefer'd but not Read against him All which Bills were found against the Prisoner in a Court held by special Commission granted for that purpose at New Sarum before Edward Georges Sir Thomas Richardson Lord Chief Justice of the King's-Bench Sir Nicholas Hyde Lord Chief Justice of the Common-Pleas Sir John Denham one of the Barons of the Exchequer Sir Edward Hungerford Sir Walter Vaughan Sir Lawrence Hyde Sir Thomas Fanshaw to them or any three or more of them to inquire into the matters of Fact as is before alledged To all which Indictments the Lord Audley having Pleaded Not Guilty and put himself upon his Tryal the Lord High-Steward deliver'd himself to the Lords as followeth My Lords The Prisoner is Indicted for Rape and Sodomy by two Indictments he has Pleaded Not Guilty and 't is my Duty to Charge your Lordships with the Tryal of it and yours to Judge of it The Matters of Fact are to be prov'd by Evidence and your Lordships are to balance it I have already observed to you that probably this Cause may move some of you into Pity and others into Detestation but neither of these ought to be thrown into balance since a Grain on either side may sway the Scales Therefore let Reason rule your Affections and your Heads govern your Hearts hear diligently weigh matters equally and then the Scale will lean on the right side The Judges will assist your Lordships in point of Law and therefore if any doubt ariseth among you you 'll propound it to me and I to them In these proceedings your Lordships are not upon your Corporal Oaths for the Law presumes you of such Honour and Integrity that you will act as Justly without an Oath as others under that Obligation and for the same Reason the Law admits of no Challenges God direct you to do it His Lordship having concluded the King's Attorney General opened the Indictment in the following Words May it please your Grace my Lord High Steward here are two Indictments against Mervyn Lord Audley the first is for Rape and the second is for Sodomy the Prisoner is Honourable the Crimes of which he stands Indicted are foul and Dishonourable and if they should be prov'd true I dare be bold to say That never Poet invented nor Historian related any thing so Odious Inhuman and abominable Suetonius has with Horror display'd the Vices of some Heathen Emperors that having ingross'd an absolute power were fearless of punishment and shameless in committing abominable Enormites yet no Author has produc'd a Man that ever equal'd or came near the Crimes that this Lord is accus'd of This is a Crime to the Honour of our Nation be it spoken that is scarcely heard of in an Age and whenever it happens calls aloud for timely punishment that the Infection spread no farther nor provoke Divine Vengeance to pour down the Vials of his wrath upon the whole Kingdom I can speak it with great satisfaction That in all King James's Reign and from his Majesties first Accession to the Crown till now I never heard the like occasion to speak against a Peer of the Realm and as God knows I do it now with abundance of Regret so I hope I shall never have the like occasion to do it any more His Majesty who is your Pattern of Vertue not only as a King but in his personal Capacity and of whom it is hard to say whether he excels most in Justice or Mercy tho' I am inclin'd to believe 't is in his Mercy would have my Lord Audley the Prisoner at the Bar heard with as much favour as a Crime of that Horrid Nature will allow When the Notice of this Crime came first to His Majesty's knowledge he was amazed and gave strick command that the Truth might appear and his Throne and People might be cleard from the Guilt of such abominable impieties therefore the Prisoner was Indicted according to Law in his own Country and by Gentlemen of known Worth and Integrity Billa Vera being found against him he is brought to this Bar to be Tryed by these Honourable Lords his Peers of whose Wisdom and Justice there can be no question and therefore we may expect the Event accordingly First I shall begin with the Rape Now Rape is defin'd to be an Unlawful Carnal Knowledge and Abuse of a Woman by Force against her Will. This was Felony by the Common Law and tho' the Statute of Westminster 1. Cap. 13. lessen'd it into a Misdemeanor yet it was soon after 13. Ed. 1. C. 34. made a Capital Offence without Clergy agreeable to the Law of the Almighty Legislator Deut. 22. and Gen. 34. and was accounted by our Fore-Fathers so Detestable and Abominable a Crime Bracton l. 3. p. 147 that those who were guilty of it were punish'd with the Loss of their Eyes and their Privy Members that they might at once be deprived of the wicked Inlets and Instruments of their Base and Unlawful Lusts but I shall not Tyre your Lordships patience with Citing Authorities nor inlarging upon the Hainousness of an Offence that admits of no aggravation and therefore shall only mention three or four Rules in Law relating to the present Case the Truth of which I submit to the Opinions of my Lords the Judges First When any Offence is Felony either by the Statute or Common Law all Accessaries before and after are incidently included so that if any be aiding assisting or abettiag any to do the Act tho' the Offence be personal and done by one only as is in this Case not only he that doth the Act is Principal but also they that are present Abetting and Aiding the Misdoer are Principals also Secondly If the party on whom the Crimes was Committed be notoriously Unchast and a known Whore yet there may be a Ravishment Thirdly In an Indictment of Rape there is no Limitation of time for the prosecution for Nullum tempus occurrit Regi no time occurs against or prevents the King 's Suit but in case of an Appeal of Rape if the Woman do not prosecute in Convenient time it will bar her Fourthly If a Man take away a Maid and Ravish her by Force and afterward she gives her consent and Marries him that did the Act yet it is a Rape As for the Crimen Sodomiticum in the second Indictment I shall not Paraphrase upon it since it is of so abominable and Vile a Nature that as the Indictment truly expresses it Crimen inter Christianos non

me and if I would not he would tell my Husband I did lie with them He used Oyl to enter my Body first for I was then but Twelve Years of Age and usually lay with me by the Earls Privity and command The next Evidence that appear'd was Sworn was Broadway to whom the Solicitor General said Broadway give a true account of what you know of my Lord Audley's unnatural doings Broadway I lay at his Lordships Beds Feet and in the Night he call'd for some Tobacco which when I brought to him he caught hold of me and bid me come to Bed which I at first deny'd but at last consented and went into the Bed on the Lords side but he turned me upon my Lady and bid me lie with her my Lord Audley held both her hands and one of her Legs and at last I lay with her notwithstanding her resistance The Lord Audley also us'd my Body as a Woman but never Pierc'd it only spent his Seed betwixt my Thighs I have seen Skipwith lie with the young Lady in Bed and when he got upon her the Lord Audley stood by and incourag'd him to get her with Child He also made Skipwith lie with his own Lady telling him he could not live long and it might be the making of him and the like he said to me Lord High Steward Pray Mr. Attorney let Skipwith be call'd that we may hear what he can say Skipwith For the most part I lay in Bed with the Earl He gave me his House in Salisbury and a Mannor of Two Hundred and Sixty Pounds a Year I lay with the young Lady very commonly there being Love between us before and after My Lord said he had rather have a Boy of my getting than of any other She was but twelve Years of Age when first I day with her and I could not enter her Body but by Art and my Lord gave me things to open her Body Sir John Finch Pray let Fitz-Patrick be call'd Is your Name Fitz-Patrick Fitz-Patrick Yes Sir Sir John Finch Well be sure you speak the truth and give these Lords the ●rue and whole Account of what you know concerning the Charge against my Lord Audley Fitz-Patrick Henry Skipwith was the great Favourite of my Lord Audley he usually lay in bed with him and the Lord would make him lye with his own Lady and with the young Lady his Daughter and these things I saw several times it being done in my Lords sight also My Lord made me lye with him at Fount-hill and Salisbury and once spent his Seed but did not penetrate my Body and I understood he had often done the like with others He kept a Woman in his House call'd Blandina who was a Common Whore to his Lordship and his Servants His House was a Common Brothel-House and the Earl himself took delight not only in being an Actor but a Spectator while other Men did it Blandina was once abused by himself and Servants for the space of seven Hours together until she got the French Pox. Lord High-Steward You Gentlemen of the King's Counsel have you any more Witnesses to produce if you have pray be expeditious Mr. Sergeant Crew My Lord we have several more and desire that Frere may be Examined Lord High-Steward Where is he call him Frere Here my Lord. Lord High-Steward Pray speak what you know about my Lord Audley but be sure it be the Truth Frere I only know that Skipwith and the young Lady Audley lay several times together while my Lord was present and that he said he would feign have her have a Boy by him Attorney General May it please your Grace my Lord High-Steward we have several Witnesses more to produce but their Testimonies being the same your Lordships have already heard and what I humbly conceive is sufficient to prove the Charge in the Indictment against the Prisoner at the Bar I shall give your Lordships no further trouble but shall leave it to the clearness of the proofs which your Lordships have heard for I know your Wisdoms to be such that you know in so dark a business a clearer proof can't be made for Men though ne're so wicked do not use to call Witnesses to see it I shall say no more but commit the whole to your Lordships Considerations Lord High-Steward My Lord Audley when I came first thither I could not have believed there would have been such manifest proofs as you find has been produc'd of horrible Crimes against a person of your Honour I shall give you all the liberty you can desire in making your Defence and therefore desire to know what you have to say for your self in reference to what has been Sworn against you Lord Audley I humbly thank your Grace for the favour you are pleased to grant me though being no Scholar nor learned in the Law I have nothing to depend upon in my Defence but my own Innocence and your Lordships good Construction of my weakness My Lords I must acknowledge that Skipwith was but poor when he came to me that he lay with me several times when I was streightned for Room in my House and being a good Servant I gave him good Rewards Antil I thought deserved my Favour also and therefore had my Consent to Marry my Daughter and I gave him a good Fortune with her Lord High-Steward I advise you my Lord not to deny what is plainly proved against you lest you give the Lords cause to suspect the Truth of the rest Lord Audley My Wife has been a Whore and has had a Child which I conceal'd to save her Honour She and my Son and one Mr. William Wroughton have plotted against my Life and all that 's alledg'd against me is only their inventions and gives a dangerous Example in the Kingdom for no Peer or any other person can be secure of his Life that has as I have a Wife who desires a younger Husband and a Son that is gaping after my Estate and has the Devil and wicked Servants to assist their Maliee in indeavouring to take away my Life wrongfully This my Lords is my Condition and I hope your Lordships will take care that you don't involve the Peers the Gentry and Commons under a dangerous President in my Condemnation for if a Wife of such a Character may be allowed to be a Witness against her Husband no Man is safe when his Wife dislikes him and would have a younger Husband Lord High-Steward If your Lordfhip had proved a Conspiracy to take away your Life you had urged what had been material but for want of proof it signifies nothing However I will propound your Objections to the Judges My Lords the Judges Can a Rape be Committed against a Whore And can a Wife be a Legal Witness against her Husband Lord Chief-Justice If the Woman on whom the Crime is Committed be a Whore yet it may be a Ravishment And in Civil Causes a Wife can't be a Witness against her Husband

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