portrait of the Earl of Castlehaven 
The true portraiture of the Earl of Castlehaven.   

The Lords that were his Peers sat on each side of a great Table covered with green, whose names are as followeth.  
1. The Lord Weston, Lord Treasurer.  
2. Earl of Manchester, Lord Privy Seal.  
3. Earl of Arundel and Surrey, Martial.  
4. Earl of Pembroke and Montgomery, Lord Chamberleyn.  
5. Earl of Kent.  
6. Earl of Worcester.  
7. Earl of Bedford.  
8. Earl of Essex.  
9 Earl of Dorset.  
10. Earl of Leicester.  
11. Earl of Salisbury.  
12. Earl of Warwick.  
13. Earl of Carlisle.  
14. Earl of Holland.  
15. Earl of Danby.  
16 Viscount Wimbleton.  
17. Viscount Conaway.  
18. Viscount Wentworth.  
19 Viscount Dorchester.  
20. Lord Piercy.  
21. L: Strange.  
22. Lord Clifford.  
23. Lord Peter.  
24. Lord North.  
25. L: Howard.  
26. Lord Goring.    

THE ARRAIGNMENT AND CONVICTION OF MERVIN Lord AUDLEY, Earl of Castlehaven, (who was by 26. Peers of the Realm found guilty for committing Rapine and Sodomy) at Westminster, on Monday, April 25. 1631.  
By virtue of a Commission of Oyer and Terminer, directed to Sir Thomas Coventry, Lord Keeper of the Great Seal of England, Lord high Steward for that day, accompanied with the judges.  
As also the beheading of the said Earl shortly after on Tower Hill.  
LONDON, Printed for Tho: Thomas. 1642.   

THE ARRAIGNMENT OF The Earl of Castlehaven.  
THomas Lord Coventry, Lord Keeper of the Great Seal of England, was for this day Lord high Steward of England, who brought the Commission into the Court, and after an Oyez gave it to the Sergeant at Arms, who gave it to Sir Thomas Fanshaw to read, who reads it, and then the usher of the black Rod kneeled down to my Lord, and presented him with a white rod. He had seven great Maces carried before him when he came into the Court: he sat in a chair of State; there attended him a Harald at Arms.  
The Judges sat before the Lords on each side of the table, whose names were, 

1. Sir Nicholas Kide, Lord chief Justice of England.  
2. Sir Thomas Richardson, Lord chief Justice of the Common Pleas.  
3. Sir Humphrey Davenport, Lord chief Baron.  
4. Baron Denham.  
5. Judge jones.  
6. Judge Hutton.  
7. Judge Whitlocke.  
8. Judge Crook, the King's learned Counsel.  
9 Sergeant Crew.  
Master Attorney general.  
Master Solicitor.  
Sir john Finch.  
Sir Thomas Fanshaw, Clarke of the Crown.    
After the Commission was read, and the stuff received by the Lord high Steward, he commanded an Oyez to be made, and after gave licence to all the Peers of the Realm to put on their hats, and then all the Lords were called by their names, and answered particularly to them.  
Then was the Lieutenant called to bring forth his prisoner, who sat by the Common Pleas, and he brought him to the bar, with divers of the Guard attending upon him, where he had a place in manner of a pew lined with geat velvet, and the Lieutenant another adjoining to it: and when he had done his obeisance to the Lord Steward, and the rest of the Lords, who also returned it to the Lord high Steward, spoke to him to this effect.  
My Lord Awdley, the King hath understood both by report, and the verdict of divers Gentlemen of quality, that you stand impeached of divers great and heinous crimes; and to try if they be true, he brings you here this day to trial, doing like the Almighty King in the 18. of Genesis, that sent down to see whether their sins were so grievous as the cry of them, and Kings on earth can have no better pattern to follow, than the Kings of heaven: the Sovereign, God's Vicegerent on earth, hath commanded that you should be tried this day: and the desire of his Majesty is your try all should be as equal as equity itself. And because the crimes that come this day before you, may in some breed detestation, and the person in others compassion: first lay these two aside, and let your reason sway your judgement, and your head your heart. And therefore these Peers, who are your Peers, and who have as noble justice in their hearts, as noble blood in their veins, are this day to try you; therefore if you be innocent, speak without fear, and be sure those that accuse you shall not escape free. But if you be faulty, I advise you to give honour to God and the King, and confess your fault, for it is no vain confidence nor subtlety that can hid the truth; therefore if truth touch you at the heart, and your conscience is a thousand witnesses, and God is greater than both, stand not against it; and if you do not, God will put into the hearts of those noble persons to find it out, and do that is just.  
The Lord Awdley said, I have been a close prisoner these six months, without friends, and without Counsel, and am but of a weak speech at the best, and therefore I desire to have the liberty of having a Counsel to speak for me.  
My Lord high Steward said, For your imprisonment, to you it hath been a special favour, for you have had time enough, more than ever any man had that hath been committed for such offences, and more favour than ever any man that came to this bar, and you demand nothing that the law can allow you but you shall have it, but for your demand I must move it to the Judges and they shall satisfy you in it, or in any other thing you require.  
Then he propounded it to the Judges, who answered that in criminal causes counsel is not to be allowed, but for matter of law he may: Sir Thomas Fanshaw read the Indictment and asked him whether he was guilty or not, Lord Audley answered, not guilty; Sir Thomas Fanshaw said, how wilt thou be tried? L. Audley answered, by God and my Peers: The Lord high Steward said, the prisoner is indicted of rape and sodomy, by two indictments, and htah pleaded not guilty, and it is my duty to charge you to stand to the trial of it, and you are to judge of it, as they are to be proved by evidence, and you are to balance it.  
This cause may carry in it, in some pity, in others detestation, both of which ought to be put into the balance, for a grain on either side may sway the scale, but reason must rule your affections, and your heads, your hearts: you are to give an attentive ear, and then weigh equally, that the scale may lean the right way, and the Judges will assist you in point of law, which if you doubt, one may propound it to me, and I to them, or of the prisoner, this your Lordships are to do without corporal oath: The law conceiveth you of such, that you will do that for justice, which others do for their oath, and therefore admits of no challenge, God direct you to it. Master Attorney said, my Lord high Steward, and it please your Grace, there are two Indictments against Martin Lord Audley, the first for Rape, the second for Sodomy, the prisoner is honourable, the crimes dishonourable of which he is indicted (if it falls out to be true) which is to be left to trial; I dare he bold to say, never Poet invented, nor Historiographer writ of any so foul, though Suetonius hath curiously set out the vides of some of the Emperors, which had absolute power, and that might make them fearless of any manner of punishment, and besides were heathens and knew not God, yet none of them came near this Lord's crime; this is a crime of that rarity in our nation, that we seldom know of the like, and the other that we scarce hear of it, but they are of that pestilential nature that if they be not punished they will draw from heaven heavy judgements upon this Kingdom: I can speak with comfort that all my time, both in his Majesty's royal Father's life, and since he came to his Crown, I never had occasion to speak in this place against any Peer of the Realm before now, and God knows I do it now with sorrow, and I hope I shall not have occasion to do so much again; but his Majesty who is the pattern of virtue, not only as King, but in his person also, in whom it is hard to judge whether he excel most in Justice or Mercy, but I rather think in Mercy, for he would have my Lord Audley the prisoner at Bar heard with as much favour as such a crime as this can be; when he first heard it, he gave strict account that the trial should be searched, that his throne and people should be cleared from so grievous sins, and therefore he was indicted in his own Country, according to the law, by Gentlemen of worth. The Bill is found, and now he is brought to this Bar to be tried by his honourable Peers, such as of whose wisdom and sincerity there can be no question, but to have an honourable hearing. And first, I shall begin with the indictment of Rape, Bracton tells us of King Athelstons law, before the conquest; if the party were of no chaste life but a whore, yet there may be a ravishment, but it is a good plea to say she was his concubine; In an indictment of Rape there is no time of prosecution necessary, for: nullum tempus occurrit regi, but in case of an appeal of Rape, if the woman did not prosecure in convenient time, it will bar her for the crimen sodomiticum, our law had no knowledge of it till 15. H. 8. by which statute it was made felony, and in this there is no more question, but only whether it be crimen sodomiticum fine penetratione, and the law the 5. of Elizabeth, sets down in general words, and there the law doth not distinguish, neither must we: I know you will be curious how you give the least mitigation of so abominable a sin, which brought such plagues after it, as we may see in Gen. 18. Judges 14. Rom. 1. But my Lords, it seemed to me strange at the first, how a noble man of his quality should lust to such abominable sins, but when I found he had given himself over to lust, and find that nemo repente sit pessimus, and that if men once habit themselves in ill, it is no marvel if they fall into any sin, and that he was constant in noreligion, but in the morning would be a Papist, in the afternoon a Protestant; I shall be bold to give your Grace a reason why he became so ill, he believed not God, then what may not a man run into? but I find things beyond imagination, for I find his intentions bend to have his wife naught, which the wickedest man that ever I heard of before would have virtuous, and godly, how bad soever himself be, and him lewd to his own wife, if she love him she must love Henry Skipwith, whom he loves above all, and not in any honest love, but in a dishonest; he gives his reason by Scripture, she was now subject to him, and therefore if she did ill at his command it was not her fault but his, and he would answer it; he lets this Skipwith who he calls his favourite, spend of his purse 500 l'. per annum, and if his wife or daughter would have any thing, though necessary, they must lie with Skipwith and have it from him, and not otherwise; also telling Skipwith and his daughter, that he had rather have a child by him then by any body else. But this thing I had rather should come out of the mouths of the witnesses then from me.  

The several Examinations and Depositions before the Lords.  

Walter Bigges Examination.  
ANtill was a Page to Sir Henry Smith, and had no means when he came to my Lord Audley: he entertained him for a Page eight years, and then let him keep horses in his ground, by which I think he enriched himself 2000 l '. but he never sat at the table with him till he had married his daughter, than gave him to the value of 7000 l '. Henry Skipwith, was sent from Ireland by my Lord, to be a Page to my Lady, his Father and Mother were very mean folks, there he spent out of my Lords means 500 l '. per annum, and he gave him at one time 1000 l '. and hath made divers deeds of lands to him: My Lord was at first a Protestant, after the buying of Fountain turned his religion.   

Lord Audley his Examination.  
HE saith Henry Skipwith had no means when he came to him, and that he had given him 1000 l '. and that Skipwith did lie with him when he was straightened in room; and that he gave a farm of 100 l '. to Antil that married his daughter, and at other times to the value of 7000 l '. and that there was one Blawdma in his house 14. days, and bestowed an ill disease there, and therefore he sent her away.  
Lord high Steward said, I advise you not to deny those things which are cloerly proved, for then the Lords will give less credit to the rest you say.   

The Countess' examination.  
THe first or second night after we were married, Antil came to his bed side whilst we were in bed, and the Lord spoke lasciviously to her, and told her, her body was his, and that if she loved him, she must love Antil, and if she lay with any man with his consent, it was not her fault, but his.  
He would make Skipwith come naked into her chamber, and bed, and delighted in calling up his servants, making them show their privities, and her look on, and commended those that had the largest.  
Broadway lay with her whilst she made resistance, and my Lord held her hands, and one of her feet, and she would have killed herself afterwards with a knife, but that he took it from her: and before that act of Broadway she had never done it. He delighted to see the act done, and made Antil come into the bed to them, and lie with her whilst he might see it; and that she cried out.   

Fitz Patrick's examination.  
THat Henry Skipwith was the special favourite of the Lord, and that he usually lay with him; and that Skipwith said, the Lord made him lie with his own Lady Awdley, and that he saw Skipwith in his sight do it, my Lord being present; and that he lay with Blaudma in his sight, and four more, and afterwards he himself in their sights.   

Henry Skipwiths examination.  
HE spent five hundred pounds per annum of the Lords purse. He lay for the most part in bed with the Earl: he gave him his house in Salisbury, and a Manor of a hundred and threeseore pound per annum; and that he usually lay with the young Lady, and there was love before and afterwards. And that my Lord said he would rather have a boy of his getting, then of any other; and that she was but thirteen years old when he lay with her, and that he could not enter her body without art; and that my Lord gave her things to open her. That Blawdma lived half a year in my Lord's house, and was a common whore.   

Fitz Patrick's examination.  
THe Lord made him lie with him at Fountain, and Salisbury, and once in the bed, & semen consumpsit but did not penetrate his body; and that he heard he did-so with others. That Skipwith lay with the young Lady often, and that the Lord would have a boy by him; that Blawdma lived half a year in the Lord's house, and was a common whore.   

Friar's examination.  
THat Henry Skipwith and the Lady lay together, and that he would feign have a boy by him.   

The young Lady Audleyes examination.  
THat she was married to her husband by a Romish Priest in the morning, and at night by a Prebend of Kelkenny: that she was first tempted to lie with Skipwith by the Earl of Castlehaven, and that she had no means but that which Skipwith gave her; but she would not lie with Pawlet: he solicited also to lie with Greene: that he saw Skipwith and she lie together divers times, and nine of the servants in the house had likewise seen it.  
When he solicited her she said her husband loved her not, and that he would turn her out of doors if she did not, and if she would not he would tell her husband she did. That he used a wild to enter her body first: that he usually lay with her, and it was with the Earl's priviry.   

Broadwayes examination.  
HE lay at the bed's feet, and in the night he called for Tobacco, and as he brought it, caught him, and bid him come to bed to him and his wife, and held one of his wives legs, and both her hands, and at last he lay with her, notwithstanding her resistance.  
That he used his body like a woman, sed nunquam penetravit, quamvis inter femine, semen suum consumpsit.  
He hath seen Skipwith and the young Lady lie together in bed, and when he got upon her, the Lord hath stood by and encouraged him to get her with child, and made him kiss his Lady, and lie with her, telling him he should not live long, and it might be his making; and he said to Skipwith the like.   

The Countess' examination.  
AT Fountain the Lord brought Broadway to bed, and he held her hands and one of her feet, whilst Broadway lay with her: and that she caught a knife, and would have killed herself, but that they took it from her.   

The Earl's examination.  
HE desired to be pardoned in those things of which he must accuse himself, and that condemnation should not come out of his own mouth.  
Master Attorney general said, you have seen the cleernes of the cause proved, and I know your wisdoms to be such as you well know in so dark a business a clearer cannot be; for let a man be never so wicked, he will not call witnesses to see it.  
Lord high Steward asked, whether may a wife be witness against her husband.  
Judge's answer: In civil causes she cannot, in criminal she may, especially where she is the party grieved.  
Lord high Steward asked whether buggery was within the Statute, without penetration.  
Judge's answer: It may, the use of the body to spend seed doth it.  
Lord high Steward asked whether one can ravish a woman of ill fame, or no.  
Judge's answer: a whore may be ravished, and it is felony to do it. Lord high Steward asked whether there be a necessity of accusation for ravishing, in convenient time.  
Judge's answer: in an indictment there is not, in an appease there is.  
Lord high Steward asked, whether men of no worth shall be sufficient proof against a Baron.  
Judge's answer: any man in felony.  
Then the Lords went away to consider, and after their return the Lord Steward asked one by one, first of the indictment of rape, to which they all answered, Guilty; then to the other, and fifteen found him guilty, and the rest not.  
Lord Audley spoke for himself, that his wife had been naught, and had a child, which he concealed to save her honour, and that his son now became 21. years of age, and he old, that the one would have lands, the other a younger husband, and therefore they plotted his death.  
Then the Lieutenant was called to bring out the prisoner, who when he was come to the Bar, the Lord high Steward spoke to him in this manner.  
Mervin Lord Audley, you have been indicted, and have pleaded not guilty, and put yourself on God and your Peers, who have found you guilty of both, and therefore my heart grieveth that my tongue must utter, but justice is the way to cut off wickedness. O think upon your offences, which a Christian ought scarce to name, and which the depraved nature of man, which carries us to all vice, yet hates this unnatural sin; and you have not only offended against the nature, but the rage of a man, jealousy; and though you die not for it, yet you have abused your daughter, and having honour and fortune to leave behind, you would have had the spurious seed of a varlet to inherit both.  
But my Lord it grieves me to see you stand against a truth apparent and concluded upon, how God might have taken you away in your sins, and therefore I hope he hath reserved you as a subject of mercy, when you were blinded in your sins he sends you to see this day of shame, to turn you to him; and seeing he doth in a manner draw you, spend the rest of your time in tears and repentance, and this day's work is a correction for many crimes corruption.    

The Lord high Steward's sentence of death pronounced against the Lord Castle haven.  
FOrasmuch as thou Mervin Lord Audley hast been indicted of divers felonies, for which thou desiredst to be tried by God and thy Peers, which trial thou hast had, and they have found thee 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, there to be hanged by the neck till thou be dead.  
And the Lord have mercy upon thee.   
FINIS.