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
        
      
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         99831167
         35630
         
           
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             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.
          
           [8], 31, [1] p.
           
             [s.n.],
             London :
             printed in the year, 1699.
          
           
             Gathered in 4's.
             Reproduction of the original in the Bodleian Library.
          
        
      
    
     
       
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           Castlehaven, Mervyn Touchet, -- Earl of, 1592?-1631 -- Early works to 1800.
           Trials (Sodomy) -- England -- Early works to 1800.
           Trials (Rape) -- England -- Early works to 1800.
        
      
    
     
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           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
           .
        
         
           LONDON
           ,
           Printed
           in
           the
           Year
           ,
           1699.
           
        
      
       
         
         
           
           THE
           PREFACE
           .
        
         
           
           'T
           IS
           no
           less
           deplorable
           than
           wonderful
           ▪
           that
           in
           this
           Nation
           where
           the
           purest
           Religion
           is
           profess'd
           ,
           and
           where
           Vice
           and
           Immorality
           are
           punish'd
           by
           severe
           Laws
           ,
           Wickedness
           should
           ascend
           to
           such
           a
           height
           ,
           as
           equals
           ▪
           if
           not
           exceeds
           ,
           all
           the
           Barbarous
           Regions
           of
           the
           Earth
           .
           Time
           was
           ,
           when
           gross
           enormities
           in
           this
           Island
           ,
           like
           Batts
           and
           Owls
           were
           obscur'd
           by
           Night
           and
           Darkness
           ,
           and
           those
           that
           committed
           them
           were
           asham'd
           to
           own
           their
           Crimes
           ,
           or
           suffer
           their
           Examples
           to
           infect
           the
           open
           Air.
           They
           were
           contented
           to
           go
           to
           Hell
           alone
           ,
           without
           Usurping
           the
           Office
           of
           Belzebub
           ,
           or
           loading
           their
           Souls
           with
           the
           Guilt
           of
           Tempting
           their
           incautious
           Brethren
           ;
           but
           now
           the
           most
           
             Scandalous
             ,
             Inhuman
             ,
             Unnatural
             ,
             and
             Beastly
             Offences
             ,
          
           stalk
           abroad
           at
           Noon
           day
           ,
           and
           he
           thinks
           himself
           a
           Puny
           in
           Wickedness
           ,
           and
           
           
             scarce
             worth
             the
             Damning
          
           ,
           that
           can't
           boast
           of
           numbers
           of
           Souls
           that
           he
           has
           lead
           to
           Destruction
           .
        
         
           
             Ravishing
             Women
          
           ,
           was
           a
           Crime
           rarely
           heard
           of
           among
           our
           Ancestors
           ,
           and
           though
           no
           Age
           has
           been
           so
           happy
           ▪
           but
           it
           has
           produced
           some
           Monsters
           in
           Morality
           ,
           as
           well
           as
           Nature
           ;
           yet
           now
           this
           Sin
           is
           grown
           so
           common
           ,
           that
           scarce
           a
           Sessions
           passes
           ,
           wherein
           there
           is
           not
           one
           or
           more
           Convicted
           of
           Rape
           ,
           and
           that
           in
           the
           most
           Scandalous
           manner
           too
           ,
           upon
           the
           Bodies
           of
           meer
           Children
           .
        
         
           Nay
           ,
           the
           Debauches
           of
           this
           Age
           have
           found
           out
           another
           way
           of
           
             Ravishing
             Women
          
           ,
           and
           that
           is
           ,
           of
           their
           Honours
           and
           Reputations
           ;
           for
           where
           the
           Villains
           have
           impudently
           assaulted
           the
           Chastity
           of
           Vertuous
           Women
           ,
           and
           have
           encountred
           nothing
           but
           Scorns
           ,
           or
           the
           Bastinado
           from
           a
           Foot-Man
           ;
           there
           they
           'll
           be
           sure
           to
           fix
           a
           Scandal
           ,
           and
           boast
           of
           the
           Favours
           they
           ne'er
           received
           .
           Nay
           ,
           a
           Fellow
           that
           has
           neither
           Sence
           in
           his
           Head
           ,
           Money
           in
           Pocket
           ,
           nor
           a
           Tatter
           to
           his
           Back
           ,
           but
           what
           a
           Louse
           wou'd
           break
           its
           Neck
           from
           ,
           shall
           dignifie
           himself
           Gallant
           to
           persons
           of
           the
           
             Best
             Quality
          
           ,
           that
           ne'er
           could
           reach
           above
           the
           Rank
           of
           a
           
             Dung-hill-raker
             ▪
          
        
         
         
           Another
           Abomination
           that
           shocks
           our
           Natures
           ,
           and
           puts
           our
           Modesty
           to
           the
           Blush
           ,
           to
           see
           it
           so
           commonly
           perpetrated
           ,
           is
           the
           
             Devillish
             and
             Unnatural
             Sin
             of
             Buggery
             .
          
           A
           Crime
           that
           sinks
           a
           Man
           below
           the
           Basest
           Epithet
           ,
           is
           so
           Foul
           it
           admits
           of
           no
           Aggravation
           ,
           and
           cannot
           be
           express'd
           in
           its
           Horror
           ,
           but
           by
           the
           
             Doleful
             Shrikes
             and
             Groans
             of
             the
             Damned
             .
          
           A
           Sin
           that
           caus'd
           God
           Almighty
           
             Pluere
             Gehennam
             de
             Coelo
          
           ,
           to
           Rain
           down
           Hell-Fire
           upon
           Sodom
           and
           Gomorrah
           ,
           and
           turn
           a
           Fruitful
           and
           Pleasant
           Country
           ,
           into
           utter
           Barrenness
           and
           Desolation
           .
        
         
           This
           Sin
           being
           now
           Translated
           from
           the
           Sadomitical
           Original
           ,
           or
           from
           the
           Turkish
           and
           Italian
           Copies
           into
           English
           ;
           not
           only
           in
           the
           Infamous
           Example
           of
           that
           Monster
           
             Ri
             —
             by
          
           ,
           and
           other
           Notorious
           Sodomites
           ;
           but
           he●ring
           also
           that
           there
           is
           at
           this
           time
           several
           taken
           up
           at
           Windsor
           ,
           and
           others
           of
           the
           same
           Gang
           now
           Committed
           to
           Newgate
           ,
           who
           were
           ingag'd
           in
           a
           more
           than
           Beast-like
           Confederacy
           among
           themselves
           ,
           for
           exercising
           this
           Unnatural
           Offence
           :
           I
           thought
           I
           could
           not
           more
           oblige
           the
           Publick
           ,
           than
           (
           having
           this
           Tryal
           lying
           by
           me
           in
           an
           Old
           Manuscript
           which
           was
           never
           yet
           Printed
           ,
           )
           to
           Publish
           it
           at
           this
           Juncture
           ,
           that
           by
           Reading
           the
           Sin
           ,
           so
           Tragically
           Delineated
           
           in
           its
           Horrid
           Shape
           ,
           and
           ugly
           Visage
           ,
           by
           the
           Grave
           and
           Learned
           Sages
           of
           the
           Law
           ,
           and
           in
           the
           Death
           of
           a
           Noble
           Peer
           ,
           other
           Men
           might
           be
           terrify'd
           ,
           and
           scar'd
           from
           those
           Sins
           that
           are
           attended
           with
           nothing
           but
           Infamy
           and
           Death
           in
           this
           World
           ,
           and
           Eternal
           Damnation
           in
           the
           next
           .
           And
           ,
        
         
           Now
           ,
           seeing
           I
           have
           some
           Paper
           left
           ,
           give
           me
           leave
           to
           tell
           the
           Miscreants
           of
           our
           unhappy
           Days
           ,
           that
           the
           preceding
           Sins
           of
           Sodom
           ,
           which
           spaun'd
           the
           Unnatural
           Sin
           of
           
             Buggery
             ,
             were
             the
             same
             that
             now
             Reign
             among
             our
          
           English
           Debauche's
           ,
           and
           as
           they
           would
           avoid
           the
           Effects
           ,
           so
           they
           ought
           to
           be
           careful
           in
           removing
           the
           Cause
           ,
           or
           without
           the
           help
           of
           Prophecy
           ,
           't
           is
           easie
           to
           foretel
           their
           R●ine
           .
        
         
           
             Pride
             ,
             Luxury
          
           ,
           and
           Irreligion
           ,
           were
           the
           Infernal
           Parents
           of
           Sodomy
           ,
           and
           that
           of
           their
           Destruction
           :
           And
           he
           must
           have
           neither
           Eyes
           ,
           nor
           Ears
           ,
           that
           knows
           not
           how
           egregiously
           the
           same
           Vices
           Reign
           amongst
           us
           also
           .
           Pride
           is
           in
           its
           Achme
           ,
           and
           nothing
           so
           much
           admir'd
           as
           Ease
           and
           
             Softness
             ,
             Courtship
             ,
             Address
          
           ,
           and
           Entertainment
           ,
           And
           that
           
             Delicata
             Insania
          
           ,
           Effeminate
           Madness
           ,
           had
           banish'd
           all
           manly
           Vertues
           .
           Instead
           of
           those
           Noble
           Characters
           
           of
           Vertue
           ,
           Wisdom
           ,
           and
           Courage
           ,
           the
           great
           things
           in
           Vogue
           ,
           and
           the
           only
           obtaining
           
             Bonne
             Graces
          
           ,
           are
           ,
           that
           the
           Fop
           Eats
           and
           Drinks
           nicely
           ,
           manages
           his
           Whore
           ,
           his
           Snuff-Box
           ,
           his
           Wigg
           ,
           his
           Comb
           and
           Glass
           discreetly
           ,
           mouths
           his
           Oaths
           finely
           ,
           and
           handles
           his
           Knife
           and
           Fork
           to
           Admiration
           !
        
         
           But
           the
           great
           Qualification
           they
           Boast
           of
           ,
           and
           which
           wholly
           imploys
           our
           Modern
           Wits
           ,
           is
           in
           
             Belching
             out
             Blasphemy
             against
             the
             God
             that
             made
             them
             ,
             and
             throwing
             bitter
             Scoffs
             and
             Prophane
             Jests
             upon
             Religion
          
           ;
           and
           having
           no
           other
           way
           to
           demonstrate
           their
           Courage
           ,
           they
           shew
           it
           in
           this
           :
           
             That
             they
             dare
             venture
             to
             be
             Damn'd
             to
             be
             accounted
             Contemptibly
             Witty.
          
           But
           if
           they
           are
           not
           already
           so
           far
           sunk
           into
           Beast
           ,
           as
           they
           have
           lost
           the
           benefit
           of
           Thinking
           ,
           I
           wou'd
           faign
           stop
           their
           Career
           by
           a
           few
           Modest
           Questions
           ,
           
             viz.
             Whether
             they
             can
             the
             better
             indure
             Eternal
             Torment
             ,
             because
             they
             don't
             believe
             them
             ?
          
           Or
           ,
           
             whether
             they
             can
             extinguish
             the
             Flames
             of
             Hell
             ,
             by
             going
             Merily
             and
             Laughing
             thither
             ?
          
           You
           all
           know
           that
           Ri
           —
           by
           's
           other
           Heinous
           Crimes
           was
           Accompanied
           with
           horrid
           Blasphemy
           .
           See
           your
           Faces
           in
           his
           Glass
           at
           the
           Bar
           ,
           on
           the
           Pillory
           ,
           and
           the
           Brink
           of
           Hell
           ,
           and
           if
           that
           will
           neither
           shame
           nor
           
           fright
           you
           ;
           let
           me
           beg
           the
           favour
           of
           you
           to
           leave
           the
           Kingdom
           ,
           for
           that
           will
           be
           the
           best
           Office
           you
           ever
           did
           ,
           or
           can
           do
           for
           England
           ,
           and
           the
           Obligation
           shall
           be
           gratefully
           acknowledg'd
           by
        
         
           
             Gentlemen
             ,
             (
             If
             it
             ben't
             a
             Shame
             to
             Stile
             you
             so
             ;
             )
             Your
             Humble
             Servant
             ,
          
           
             The
             Prefacer
             .
          
        
      
    
     
       
         
         
           THE
           TRYAL
           AND
           Condemnation
           OF
           
             MERVIN
             TOUCHET
          
           ,
           Lord
           Audley
           ,
           Earl
           of
           Castle-Haven
           ,
           &c.
           
        
         
           ON
           Monday
           the
           25th
           of
           April
           ,
           in
           the
           Year
           of
           our
           Lord
           1631.
           
           About
           the
           Hour
           of
           Ten
           in
           the
           Morning
           ,
           the
           Lord-Keeper
           Coventry
           ,
           being
           by
           special
           Commission
           Constituted
           Lord
           High-Steward
           
           of
           England
           ,
           with
           twenty
           six
           of
           the
           Nobility
           came
           into
           Westminster-Hall
           ,
           Attended
           by
           an
           Herald
           ,
           and
           six
           Sergeants
           at
           Arms
           ;
           And
           the
           Lord
           High-Steward
           being
           sat
           in
           a
           Chair
           of
           State
           ,
           and
           the
           Peers
           on
           each
           side
           of
           a
           Table
           cover'd
           with
           Green
           Velvet
           ,
           Proclamation
           was
           made
           for
           Silence
           .
        
         
           Then
           Sir
           
             Thomas
             Fanshaw
          
           Clerk
           of
           the
           Crown
           ,
           Read
           the
           Commission
           ,
           and
           the
           Usher
           of
           the
           Black
           Rod
           kneeling
           before
           the
           Lord
           High-Steward
           presented
           his
           Lordship
           with
           a
           White
           Rod
           ;
           After
           which
           a
           second
           Proclamation
           was
           made
           ,
           Commanding
           all
           persons
           to
           keep
           to
           Silence
           ,
           and
           the
           Lord
           High-Steward
           having
           desir'd
           the
           Peers
           of
           the
           Realm
           and
           the
           Privy
           Counsellers
           to
           be
           Covered
           ,
           the
           Lords
           were
           call'd
           by
           their
           Names
           ,
           as
           followeth
           ,
        
         
           
             Earl
             of
             Po●●land
             Lord
             Treasurer
             .
          
           
             Earl
             of
             Dorset
             and
             Middlesex
             Lord
             Chambl
             .
          
           
             Earl
             of
             Manchester
             Lord
             privy
             Seal
             .
          
           
             Earl
             of
             Arundel
             Lord
             Marshal
             .
          
           
             Earl
             of
             Pembroke
             .
          
           
             Earl
             of
             Kent
             .
          
           
             Earl
             of
             Essex
             .
          
           
             Earl
             of
             Warwick
             .
          
           
             Earl
             of
             Carlisle
             .
          
           
             Earl
             of
             Bedford
             .
          
           
             Earl
             of
             Worcester
             .
          
           
             Earl
             of
             Derby
             .
          
           
             Earl
             of
             Leicester
             .
          
           
             Earl
             of
             Salisbury
             .
          
           
             Earl
             of
             Holland
             .
          
           
             Lord
             Viscount
             Conway
             .
          
           
             Lord
             Visc
             .
             Wimbleton
             .
          
           
             Lord
             Visc
             .
             Wentworth
             .
          
           
             Lord
             Visc
             .
             Dorchester
             .
          
           
             Lord
             Howard
             .
          
           
             Lord
             Peircy
             .
          
           
             Lord
             Strange
             .
          
           
             Lord
             Clifford
             .
          
           
             Lord
             North.
             
          
           
             Lord
             Peeters
             .
          
           
             Lord
             Goring
             .
          
        
         
         
           
             Judges
             Assisting
             at
             this
             Tryal
             .
          
           Sir
           
             Nicholas
             Hyde
          
           ,
           Lord
           Chief
           Justice
           of
           England
           ,
           Sir
           
             Thomas
             Littleton
          
           ,
           Lord
           Chief
           Justice
           of
           the
           Common
           Pleas
           ,
           Sir
           
             Humphrey
             Davenport
          
           ,
           Lord
           Chief
           Baron
           ,
           Mr.
           Justice
           Jones
           ,
           Mr.
           Justice
           Whitlock
           ,
           Mr.
           Justice
           Crook
           ,
           Mr.
           
             Baron
             Denham
          
           .
        
         
           
             The
             King
             's
             Learned
             Counsel
             .
          
           Mr.
           Sergeant
           Crew
           ,
           Mr.
           Attorney
           General
           ,
           Mr.
           Sollicitor
           General
           ,
           Sir
           
             John
             Finch
          
           ,
           Sir
           
             Thomas
             Fanshaw
          
           Clerk
           of
           the
           Crown
           ,
           Mr.
           Keeling
           ,
           with
           other
           Officers
           and
           Attendants
           .
        
         
           The
           Lords
           having
           answer'd
           to
           their
           Names
           ,
           the
           Lieutenant
           of
           the
           Tower
           was
           requir'd
           to
           bring
           forth
           his
           Prisoner
           ,
           who
           was
           then
           in
           the
           Treasury
           Chamber
           ,
           and
           from
           thence
           was
           Guarded
           into
           the
           Court
           by
           the
           Warders
           of
           the
           Tower
           ,
           and
           being
           put
           into
           a
           place
           inclos'd
           for
           that
           purpose
           ,
           cover'd
           with
           Blew
           Bays
           ,
           and
           the
           Lieutenant
           of
           the
           Tower
           into
           another
           place
           adjoyning
           to
           it
           ;
           the
           Prisoner
           having
           made
           his
           Complement
           to
           the
           Lord
           High-Steward
           ,
           and
           the
           rest
           of
           the
           Noble
           Lords
           that
           were
           to
           Try
           him
           ,
           the
           Lord
           High-Steward
           spake
           to
           him
           in
           these
           words
           .
        
         
           My
           Lord
           ,
        
         
           The
           King's
           Majesty
           being
           inform'd
           by
           common
           Fame
           ,
           and
           the
           Verdict
           of
           divers
           Gentlemen
           of
           Quality
           in
           the
           Country
           where
           you
           ●ive
           ▪
           
           That
           you
           stand
           Impeach'd
           of
           several
           Great
           and
           Heinous
           Crimes
           ,
           that
           the
           Truth
           of
           the
           Charge
           may
           be
           known
           ,
           he
           has
           this
           day
           brought
           you
           to
           your
           Tryal
           ,
           therein
           imitating
           the
           Almighty
           in
           the
           XVIIIth
           of
           
             Genesis
             ,
             who
             came
             down
             to
             see
             if
             the
             Sins
             of
             the
             People
             were
             as
             Notorious
             as
             the
             Cry
             that
             was
             about
             them
          
           ;
           and
           truly
           the
           Kings
           of
           the
           Earth
           ,
           can
           have
           no
           better
           Example
           than
           what
           has
           been
           given
           them
           by
           
             the
             Great
             and
             all
             Wise
             King
             of
             Heaven
          
           ;
           and
           therefore
           our
           Sovereign
           who
           is
           
             God's
             Vicegerent
             upon
             Earth
          
           ,
           has
           now
           brought
           you
           to
           Justice
           ,
           and
           desires
           that
           all
           proceedings
           should
           be
           carried
           on
           with
           as
           much
           equality
           as
           the
           Rules
           of
           Equity
           and
           Justice
           themselves
           have
           prescribed
           .
           And
           because
           (
           my
           Lords
           )
           the
           Crimes
           that
           will
           now
           be
           brought
           before
           you
           ,
           are
           of
           such
           a
           Horrid
           Nature
           ,
           that
           may
           justly
           raise
           in
           some
           of
           your
           Lordships
           a
           Detestation
           ,
           and
           in
           others
           Pity
           and
           Compassion
           .
           I
           advise
           you
           to
           lay
           aside
           both
           these
           Considerations
           ,
           and
           let
           your
           Reasons
           and
           Consciences
           sway
           your
           Judgments
           ,
           and
           your
           Heads
           direct
           your
           Hearts
           .
           My
           Lord
           Audley
           ,
           I
           question
           not
           but
           you
           are
           really
           satisfied
           (
           as
           well
           as
           I
           am
           my self
           )
           that
           the
           Noble
           Peers
           here
           Assembled
           ,
           have
           as
           much
           Justice
           in
           their
           Hearts
           as
           Noble
           Blood
           in
           their
           Veins
           ,
           and
           since
           such
           as
           they
           are
           to
           Try
           you
           ,
           if
           you
           are
           Conscious
           of
           your
           own
           Innocency
           ,
           speak
           without
           Fear
           ;
           for
           if
           you
           are
           falsely
           Accused
           ,
           those
           that
           do
           it
           shall
           not
           escape
           an
           Exemplary
           Punishment
           ;
           but
           if
           you
           know
           your self
           Guilty
           ,
           I
           advise
           you
           
             to
             give
             Honour
             to
             God
             and
             the
             King
             ,
             by
             Confessing
             your
             Faults
             ,
          
           for
           neither
           vain
           Confidence
           nor
           Subtlety
           can
           obscure
           or
           prevail
           against
           the
           
           Truth
           ;
           and
           if
           that
           touches
           your
           Heart
           ,
           
             your
             own
             Conscience
             will
             be
             a
             thousand
             Witnesses
             against
             you
             ,
             and
             God
             also
             who
             is
             greater
             than
             them
             all
             .
          
           Persist
           not
           therefore
           in
           an
           Obstinate
           denial
           of
           the
           Truth
           ,
           for
           if
           you
           do
           ,
           God
           will
           put
           it
           into
           'th
           Hearts
           of
           these
           Noble
           Lords
           to
           find
           it
           out
           ,
           and
           to
           do
           what
           is
           Just
           in
           relation
           to
           the
           Punishment
           of
           the
           Crime
           .
           
             Consider
             of
             it
             ,
             and
             the
             Lord
             Direct
             you
             .
          
        
         
           
             Lord
             Audley
             .
          
           
             My
             Lord
             ,
             I
             have
             been
             six
             Months
             a
             Prisoner
             ,
             under
             a
             close
             Confinement
             ,
             without
             the
             Advice
             of
             Friends
             or
             Counsel
             ,
             and
             long
             Imprisonment
             has
             reduced
             me
             into
             a
             very
             weak
             Condition
             .
             When
             I
             was
             in
             my
             best
             state
             of
             Health
             my
             Voice
             was
             very
             low
             ,
             and
             therefore
             I
             desire
             your
             Lordships
             will
             be
             pleas'd
             to
             allow
             me
             the
             liberty
             of
             Counsel
             to
             speak
             for
             me
             .
          
        
         
           
             Lord
             High-Steward
             .
          
           
             Your
             long
             Imprisonment
             has
             been
             a
             singular
             favour
             to
             you
             .
             You
             have
             had
             more
             time
             than
             ever
             any
             Peer
             had
             that
             was
             brought
             to
             this
             Bar.
             However
             ,
             you
             shall
             ask
             nothing
             which
             the
             Law
             can
             give
             you
             ,
             but
             it
             shall
             be
             freely
             granted
             to
             you
             ,
             and
             therefore
             I
             will
             propound
             your
             Request
             to
             the
             Judges
             ,
             and
             leave
             them
             to
             give
             you
             satisfaction
             in
             it
             .
          
        
         
           
             My
             Lords
             the
             Judges
             .
          
           
             Will
             the
             Law
             allow
             us
             to
             give
             my
             Lord
             Audley
             the
             liberty
             of
             Counsel
             to
             speak
             for
             him
             ?
             I
             shall
             be
             glad
             to
             have
             your
             Opinions
             in
             it
             .
          
        
         
           
             Lord
             Chief
             Justice
             Hyde
             .
          
           
             In
             Criminal
             Causes
             Counsel
             cannot
             be
             allowed
             in
             matters
             of
             Fact
             ▪
             in
             matters
             of
             Law
             it
             may
             .
          
        
         
           
           
             Lord
             Chief
             Baron
             .
          
           
             The
             Law
             is
             express
             in
             this
             Case
             ,
             and
             Counsel
             ought
             not
             to
             be
             granted
             .
          
        
         
           
             Lord
             High-Steward
             .
          
           
             Read
             the
             Indictment
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             .
          
           
             Mervin
             Lord
             Audley
             ,
             Thou
             art
             here
             Indicted
             ,
             &c.
             for
             that
             thou
             and
             
               Gyles
               Broadway
            
             ,
             Gen.
             both
             of
             
               Fountain
               Gifford
            
             ,
             in
             the
             County
             of
             
               Wilts
               ,
               not
               having
               the
               Fear
               of
               God
               before
               your
               Eyes
               ,
               but
               being
               moved
               and
               seduced
               by
               the
               Instigation
               of
               the
               Devil
               ,
            
             Did
             on
             the
             twentieth
             day
             of
             June
             in
             the
             Sixth
             Year
             of
             the
             Reign
             of
             our
             Sovereign
             Lord
             Charles
             ,
             by
             the
             Grace
             of
             God
             ,
             of
             
               England
               ,
               Scotland
               ,
               France
            
             ,
             and
             Ireland
             ,
             King
             ,
             Defender
             of
             the
             Faith
             ,
             &c.
             at
             
               Fountain
               Gyfford
            
             aforesaid
             ,
             in
             the
             County
             aforesaid
             ,
             did
             ,
             by
             Force
             and
             Arms
             ,
             &c.
             
             
               In
               and
               upon
            
             Ann
             Lady
             Audley
             ,
             then
             being
             in
             the
             Peace
             of
             God
             and
             our
             Sovereign
             Lord
             the
             King
             ,
             
               Make
               an
               Assault
               ;
               And
               the
               aforesaid
            
             Gyles
             Broadway
             ,
             
               the
               aforesaid
            
             Ann
             Lady
             Audley
             ,
             
               by
               Force
               and
               Arms
               against
               the
               Will
               of
               the
               said
            
             Ann
             ,
             
               then
               and
               there
               did
               violently
               ,
               and
               Feloniously
               Ravish
               ,
               and
               the
               said
            
             Ann
             
               then
               and
               there
               against
               her
               Will
               did
               Carnally
               know
            
             against
             the
             Peace
             of
             our
             Sovereign
             Lord
             the
             King
             ,
             his
             Crown
             and
             Dignity
             ,
             and
             against
             the
             Statute
             in
             that
             Case
             made
             and
             provided
             ;
             what
             sayest
             thou
             Mervyn
             Lord
             Audley
             ,
             art
             thou
             Guilty
             of
             the
             Rape
             of
             which
             thou
             standest
             Indicted
             ,
             or
             not
             Guilty
             ?
          
        
         
           
             Lord
             Audley
             .
          
           
             Not
             Guilty
             .
          
        
         
           
             Clerk
             of
             the
             Crown
             .
          
           
             How
             will
             you
             be
             Tryed
             ?
          
        
         
           
             Lord
             Audley
             .
          
           
             By
             God
             and
             my
             Peers
             .
          
           
           
             Then
             the
             Clerk
             of
             the
             Crown
             Read
             another
             Indictment
             against
             the
             Lord
             Audley
             to
             this
             effect
             ,
             viz.
             That
             he
             Mervin
             Lord
             
               Audley
               ,
               not
               having
               God
               before
               his
               Eyes
               ,
               nor
               respecting
               the
               Order
               of
               Nature
               ,
               but
               moved
               and
               seduced
               by
               the
               Instigation
               of
               the
               Devil
               ,
            
             the
             first
             of
             June
             in
             the
             Sixth
             Year
             of
             our
             Sovereign
             Lord
             Charles
             ,
             &c.
             at
             
               Fountain
               Gifford
            
             ,
             in
             the
             said
             County
             of
             Wilts
             ,
             in
             the
             Mansion
             House
             of
             the
             said
             Lord
             Audley
             ,
             Did
             there
             by
             Force
             of
             Arms
             upon
             one
             
               Florentius
               Fitz
               Patrick
               ,
               Wickedly
               ,
               Devilishly
               ,
               Feloniously
               ,
               and
               contrary
               to
               Nature
               ,
               exercise
               Venery
               ,
               and
               the
               said
            
             Florentius
             Fitz
             Patrick
             ,
             
               then
               and
               there
               did
               Carnally
               know
               ,
               and
               that
               Detestable
               ,
               and
               Abominable
               ,
               Sodomitical
               Sin
               called
            
             Buggery
             ,
             (
             not
             to
             be
             named
             among
             Christians
             ,
             )
             
               Then
               and
               there
               with
               the
               said
            
             Florentius
             Fitz
             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
               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
             ,
             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
           .