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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63146	The tryal and condemnation of Mervin, Lord Audley Earl of Castle-Haven At Westminster, April the 5th 1631. For abetting a rape upon his Countess, committing sodomy with his servants, and commanding and countenancing the debauching his daughter. With the learned speeches of the Lord High-Steward, the arguments of the King's-Councel upon that occasion, and the Lord Audley's speech at the place of execution.	Castlehaven, Mervyn Touchet, Earl of, 1592?-1631.	1699 (1699)	Wing T2144; ESTC R219718	15,249	39

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