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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

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nominandum it is a Crime not to be named among Christians and by the Law of God as well as the Antient Laws of England it was punish'd with Death Levit. 20. Fleta l. 6. Cap. 35. Sodomitae in terra vivi confodiantur Sodomites are to be buried alive in the Earth or rather as some understand the Phrase be set deep and alive into a Pit dig'd for that purpose with their heads above ground till they are famish'd to Death and this agrees with the Mirror Cap. 4. The Statute of 25. Hen. 8. Cap. 6. made it Felony without Clergy which tho' Repeal'd by 1. Mar yet it was revived by the 5. El. Cap. 17. and is still in Force As to this Indictment there is no other Question but whether it be Crimen Sodomiticum penetratione whether he penetrated the Body or not to which I answer the Fifth of Elizabeth sets it down in general Terms and ubi Lex non distinguit ibi non distinguendum and I know you will be cautious how you give the least Mittigation to such abominable Sins for when once a Man indulges his Lust and Prevaricates with his Religion as my Lord Audley has done by being a Protestant in the Morning and a Papist in the Af●ernoon no wonder if he commits the most abominable Impieties for when Men forsake their God 't is no wonder he leaves them to themselves But here I find things that exceed all imagination and is what the Poet truly Calls imprincipiti vitium or meditated mischiefs for his ill inclinations were bent to force his Wife to be naught against her own Inclinations which the wickedest Man I ever heard of before would have Vertuous and Honest how bad soever he is himself but on the contrary the Prisoner at the Bar tells his Wife if she loves him she must love Antill his Servant also and to incline the Lady to lie with him he fetcheth an argument from Scripture and tells her that her Body is his and that she is bound to obey his Commands and if she Sinned in obeying him it was no fault of hers but his own and he would answer for it He allowed this Antill his vitious favorite to spend Five Hundred Pounds a Year but would not allow his Eldest Son One Hundred If his Lady or Daughter wanted necessaries they must lie with Skipwith another of his Servants before they could have Money to buy what they wanted telling his Daughter he had rather she should have a Child by Skipwith than any other person but these things my Lord I had rather should come out of the Mouths of the Witnesses than from mine therefore pray Cryer call Walter Tyte. Cryer Vous avez Walter Tyte who being sworn the Attorny General said Attorny General Walter Tyte Inform my Lord High Steward and the rest of these Noble Lords the Conditions and Circumstances of Antill and Skipwith before they came into my Lord Audley's Service and how my Lord Audley Preferr'd and Enrich'd them afterwards Walter Tyte. Antill my Lord was a Footman to Sir Henry Smith and had not as I verily believe one Farthing when he came to my Lord besides the Cloaths on his back he liv'd with my Lord as his Footman and Page several years then he had Leave given him to keep Horses in my Lord's Grounds by which it was discours'd that in a short time he got Two Thousand Pounds He never sat at Table with my Lord till he had Married my Lords Daughter with whom he gave him to the Value of Seven Thousand Pounds Henry Skipwith was sent by my Lord from Ireland to be my Ladies Page his Father and Mother was very poor people yet he spent Five Hundred Pounds a Year of my Lord's Mony He gave him at one time a Thousand Pounds and has since made over to him leveral parcels of Land to the value of Two Hundred Pounds a Year Attorny General Pray what Religion did my Lord profess Walter Tyte. At first every Body knows he was a Protestant but after the buying of Founthill House he turned to the Romish Religion at the Instance of some Popish Gentlemen who were Neighbours Then the Lady Audley appearing as an Evidence she was Sworn and the Attorney General said to her Attorny General Will your Ladyship be pleas'd to inform these Peers with the Real truth concerning my Lords Vile and unheard of Actions to your Ladyship Countess My Noble Lords I should be glad if a way might be found out that I might deliver my Testimony in a Written Affidavit and not by word of Mouth in this publick Audience Lord High Steward I will propound it to the Judges and if the Law will allow it you shall be at your own Election My Lords the Judges you have heard what the Countess desires of us will you give your Opinions and satisfie her Ladyship about it Lord Chief Justice Hyde By the Law the Testimony relating to matter of fact that is what relates to the Charge in the Indictment must be made Viva Voce and not otherwise and the reason is because persons may take a greater liberty of inserting in an Affidavit what is not really true which the Awe of the Court or asking apt Questions may probably prevent or discover the falsehood Lord High Steward Your Ladyship I hope is satisfied with the Judges Opinion and the Reasons on which its grounded Countess Why then my Lords the first or second Night after we were Married Antill came to our Bed and the Lord Audly talk'd lasciviously to me and told me my Body was his and if I lay with any Man with his consent 't was not my fault but his He made Skipwith come naked into our Chamber and Bed and took delight in calling up his Servants to shew their Nudities and forc'd me to look upon them and to commend those that had the longest Broadway a Servant of my Lord's by his Lordships command lay with me and I making resistance my Lord Audley held my hands and one of my Feet and I would have kill'd my self with a Knife afterwards but he took it from me before that Act of Broadway's I had never done it He delighted to see the Act done and made Antill come into the Bed to us and lie with me in such a marmer as he might see it and though I cry'd out he never regarded the complaint I made but incouraged the Ravisher Attorny General Pray Young Lady Audley will you give my Lord High Steward and these Lords an account of your Fathers barbarous usage of you I was Married to my Husband by a Romish Priest in the Morning and at Night by a Prebend of Killkenny I was first compell'd to lie with Skipwith by the Earls perswasions and Threatnings saying I should have nothing but what Skipwith gave me He saw Skipwith and I lie together several times and so did many Servants of the House besides He tempted me to lie with others also telling me my Husband did not love
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