Selected quad for the lemma: son_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
son_n	daughter_n	earl_n	elder_a	17,304	5	10.3576	5	false

Text snippets containing the quad

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

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

bestowing his Wife upon him and was the Pander and the Baud when as most men strive to leave their succession to legitimate Children and not to Spurious Births So I will leave this point of Rape with this truth that to force a woman is a great sin but for an Husband to consent that his Wife shall be forced is very much but for an Husband to behold it to be a spectator yea to force her it goes beyond the Bounds of humanity Now as to that sin which should not be named amongst Christians and a strange sin in this Land brought hither by strangers I will scarce name it the Law of England saies that Knowledg is a Burden and I think it is in this particular Crimen est bestiale contra naturam It is Crimen Sodomiticum sine penetratione cum faemina It is Masculus cum Masculo and therefore Penetration is not lawful to make it Sodomy Cubitus immunditus supplies the Penetration Voluntas solum requiretur non Copulatio so that the Law of England makes distinction of degrees of this filthy sin non est species Luxuriae sed Bestialitatis quia non sequitur Conceptio Many more passages were cited by Mr. Attorny both out of Scripture and Law c. So he concluded that every Breach of this filthy sin was within the compass of Felony Then he fell upon Henry Skipwith born in Ireland who being come from a Footman to be the Earls Bedfellow and Favourite got from the Earl 500l per Annum whereas he gave not his Son one hundred he gave him also his House at Salisbury and gave him many Leases and all his goods by Gift and Deed besides all these he did prostitute unto him his Lady and his Eldest Sons Wife Then did Mr. Attorny largely declare all my Lord Audlyes Business how Skipwith and She did love one another in Ireland before her Mariage but never enjoyed her till after her Mariage and by reason of her young years what Oyls and grease the Earl used to make her fit for Skipwith which his heart abhorred to relate He did aggravate the more against the Earl because Skipwith being in such exorbitant and excessive favour with the Earl whatsoever his Wife had must come by Skipwith whatsoever the young Lady had must come by Skipwith yet all these favours bestowed uppon Skipwith were nothing in regard of that which is beyond all expression that the Earl should be to him the impulsive instrument to betray the Chastity of an Innocent Lady of 12 years his own Daughter-in-Law whose Children if any had been should have been Peers of this Realm and which is worse if worse can be the Earl to be the Spectator and Enconrager of all these filthy Crimes This was confest by Skipwith and the young Lady and as for the Earl's Filthiness with his Maid Blandina that was also touched how the Earl's House was a common Brothel-house the Earl himself delighting to be not only an Actor but a continual Spectator of Filthiness and also Blandina was abused by himself and his Servants for the space of seven hours together until she had the French Pox and so Mr. Attorney ended his Speech recommending the Business to the Peers Then were all the Witnesses examined Fumy alias Florence Fitz-Patrick Giles Bradway Skipwith Scot Flore Walter Tite his Steward their former Depositions were read to them all which now again upon Oath they did acknowledge to be true Both the Ladies Depositions were also read and some of the Lords were sent to them to take their Oaths whether they were true or not which they constantly stood to upon Oath Thus did Mr. Attorney clearly prove what he had alledged against the Earl not one Circumstance at all which he alledged against the Earl which was not proved by two of the Witnesses at the least Then spake the Kings Sollicitor resuming all that was said and proved by Mr. Attorney alledging more Law to prove the same but in substance said no more than what was said before Then did the Prisoner speak for himself First he excepts against the Witnesses as base and unworthy persons suborned by his Wife and his Son to take away his Life whereas by Law Witnesses ought to be honest persons and undefamed which they are not and alledges Law for it for Fitch-Patrick he said he was a Recusant and therefore could be no Witness which was repelled because he was never convicted for the same and therefore the Judges could take no notice of his Recusancy The Earl said further That for his Knavery he had oftentimes beaten him and turned him away and that he was now hired by his Son to bear witness against him It was repelled again by the Lord Steward because it could not be It was answered again by the Judges that in Law for the King all Witnesses are held to be sufficient and that no honest and undefamed men could be witnesses of such bad and monstruus Actions and besides it concerned the Deponents Lives as well as the Prisoners The Lord Steward further adds that the Earl had fair dealing beyond the practice in that the Witnesses were brought face to face to him which were all brought there except the two Ladies Secondly That supposing it were true which they deposed which he hoped would not so prove he urged to be cleared whether the Statute did intend that all kind of pollution man with man were Buggery or not seeing by their Confession there was no Penetration To this the Judges Advice being asked they answered it was Buggery by the Law and that the Law of this Land made no distinction of Buggery if there be Emissio Seminis Thirdly He excepted against the Deposition of the Witnesses for the Rape alledging that the Actor being the Witness deposed that he had spent after he had strugled with the Countess that he did not penetrate at all To this it was answered by the Judges after asking that the Countess her own Deposition did clear that Matter who declared upon Oath that the Fellow had carnal dealing with her being held by the Arm and Leg by her Husband and never thereafter knew him Fourthly He said that the Wife could not be a Witness against her Husband the Judges being asked their Opinions therein by the Lord Steward answered that in Civil Matters between Party and Party a Wife could not be a Witness but for Criminal matters and for the King the Wife may be a Witness Fifthly He urged that his Wife was incontinent yea before he married her and therefore a Whore can be no Witness the Judges Opinions being asked in this Case they answered that a common Whore may be ravished and so repelled his Answer Sixthly He alledged that his Wife his Son and one Mr. William Wroghton had plotted together against his Life and so all was but their Suggestions this he could not prove and was rejected and repelled again by the Lord Steward Lastly He beseeched the Lords to