with him (the deponent); that Henry Skipwith, another fervant, had lain with the Lady Audley, by his Lord's command, and in his prefence; but the Lady, in her examination, fays, fhe cried out, and that Skipwith did not lie with her. The Lady Audley alfo depofed, That >the firft or second night after the was married, her Lord called Ampthill (who had been his page, and to whom he had married his daughter) to his bedfide, and faid, now her body was his, and if he loved him, the muft love Ampthill, that he made Skipwith come naked into his chamber, and delighted to call in his men-ferevants to fee them, Skipwith alfo depofed, That his Lord made him he with the young Lady Audley, his fon's wife, who was then but twelve years of age; that he could not enter her at first, and the Lord Audley used many indecent practices to overcome her, by which means he at laft accomplished his defign. 4 A rape a woman is not limited to any time to make her complaint, if the process be by indictment; but in an appeal fhe is. The Lord Audley, in his defence, faid, That his wife's teftimony ought not to be regarded, fince fhe had confeffed her lying with Broadway. To which it was anfwered, he could not urge that fact in his defence, fince he had forced her to fuffer it. Then he faid, that his wife and his fervants were not competent witneffes, and that they were put upon practising against him by his fon, who fought his life; adding, that his wife had been falfe to his bed, and had a child in his abfence; and then made protefta tions of his innocence. But woe to that man (he faid) whose wife and fervants fhould be admitted witneffes against him, and whofe fon confpired his death ! his fon was now come of age, and wanted his lands, and his wife a young husband, now he was grown old, and had therefore plotted his deftruction. The Lords Triers having been with drawn fome time, returned, and were unanimous in their opinion, that the prisoner was Guilty of the Rape; but as to the Sy, eleven of his peers were of opinion, that he was Not Guilty, and fixteen declared him Guilty. The young Lady alfo depofed, That the Lord Audley faw Skipwith lie with her feveral times; and, that nine fervants of the family alfo had feen it; that he had no other maintenance than what he had from Skipwith; and that, among other arguments, the prifoner used to make her lie with Skipwith, he told her her husband did Ynot love her, and threatened to turn her out of doors, if he would not; adding, that he would tell her husband the did, if fhe did not; and confirmed the circumftance ofed with. their indecent practices. Fitz-Patrick alfo depofed, That his Lordhip, kept a whore in the houfe, and, that he made four or five of his fervants lie with ther in his prefence; and his Lordship Jay with her in their fight. The Judges opinion being demanded on fome parts of the evidence, refolved, That it was fy within the ftatute, and it ought to be adjudged a rape; for that in a Judgment was afterwards paffed upon the prifoner, that he fhould be hanged; however, he obtained the favour of being beheaded; when he profeffed himself perfectly innocent of the crimes he was charg Trial of L. FITZ-PATRICK and T. BROADWAY, two fervants of the before mentioned Lord Audley, T On Monday the 27th of June, 163′, the Marthal of the King's-Bench brought Fitz-Patrick and Broadway to the bar, where where was a jury of fufficient and able men impannelled to try them. The Countess of Castlehaven herfelf was in court to give evidence against Broadway; and fhe came in upon the inftant; when the Lord Chief Juftice demanded of her, whether the evidence fhe had formerly given at her Lord's arraignment was true, and the full matter of charge fhe had then to deliver against the prifoner ? whereunto The answered, it was. My Lord faid, "Madam, you have fworn that Broadway, prifoner at the bar, hath laid with you, by force, which may be, and yet no act committed." She faid, that in-her former oath taken, when the teftified he lay with her by force, her meaning was, that he had known her carnally.. Fitz-Patrick being asked concerning his guiltinefs or innocence, demanded to know who were his accufers? The Lord Chief Juftice answered; you have accused your felf fufficiently Fitz-Partrick replied, that he thought neither the laws of the kingdom required, nos was he bound to be the deftruction of himself; what evidence he had formerly given was for the King against the Earl, and no farther. The Lord Chief Juftice replied, it was true the lash did not oblige any man to be his own accufer; yet where his teftimoney ferved to take away any one's life, and made himself guilty of the fame crime, therein it fhould ferve to cut him off also. Then the jury demanded of the tourt fatisfaction concerning the words.. of the ftatute, which run, "To charge him alone to be, and accounted a felon in law, that committed a by with man or beat." (for which fact the late Earl was only guilty, and had fuffered). The Lord as every accessary to a felon is a felon in law; fo he being a voluntary prostitute when he was not only of understanding and years to know the heineoufnefs of the fin, but also of ftrength to have withstood his Lord, he therefore was fo far forth guilty." Then she was told to look on the prifoner, unto which motion, and commandment fhe made a short reply, that although fhe could not look on him but with a kind of indig-Chief Juftice replied, "That, for as much nation, and with fhame, in regard of that which had been offered unto her, and fae fuffered by him, yet fhe had fo much charity in her, and fuch refpect for God and his truth, that she had delivered nothing from malice, and therefore hoped that her oath and evidence thereon fhould be credited; and fo defired to be believed and difimiffed; which being granted, fhe departed with as much privacy as might be into her coach.. Whereupon the jury found the bill,, and fentence of death was paffed on them both accordingly; after which they were com mitted to Newgate, and behaved religiously till the day of their execution. The Trial of THOMAS, EARL of STAFFORD, on an Impeachment of the House of Commons, for HIGH TREASON, November 11, 1640... HE Parliament, which began the the doors might immediately be locked up, for he had matters of importance, he told them, to communicate to the Houfe; which being agreed to, he made a moft virulent fpeech against the Earl of Strafford; declaring, he was the greatest enemy to their liberties, and the greatest promoter of tyranny and arbitrary power, that any age had produced; and being feconded by fome gentlemen of the fame party, it was refolved to impeach the Earl forthwith of high treafon And Mr. Pym was ordered to go himself to the Lords, and impeach him at their bar; and to require he might be fequeftered from the Houfe, and committed to fafe cuftody; which Mr. Pym with great alacrity executed, as foon as he received his orders; and the Earl of Stafford being then in the Houfe of Peers, fome Lords cry'd out with unufual clamour, that the Earl fhould withdraw; infomuch that it was with difficulty he obtained leave to be heard firft in his place. In his fpeech on this occafion, he declared his innocence; and defired he might not be reftrained of his liberty upon a general charge, before any one article was exhibited against him: However, they refolved, after a very short debate, that he would be committed to the Black-Rod: Then the Commons made an order, that none of their Houfe fhould vifit the Earl, in which they were imitated by the Peers: The Lords alfo, at the defire of the Commons, appointed a committee, to take the depofitions of the witneffes against the Earl of Stafford, in the prefence of another committee of the Lower-Houfe; and it was agreed, that fuch Peers as were witneffes, fhould be upon their oaths; that privycouncellors might give evidence againft him; and, that the examinations fhould be kept private, till the Commons thought fit to make use of them; and on the 25th of November, Mr. Pym carried up nine arG VOL. I. ticles against the Earl of the following tenor, (viz.) 1. That he the faid Thomas Earl of Stafford, hath traiterously endeavoured to fubvert the fundamental laws and government of the realms of England and Ireland, and instead thereof to introduce an arbitrary and tyrannical government against law, which he hath declared by traiterous words, councils and actions, and by giving his Majefty advice by force of arms to compel his loyal fubjects thereto. 2. That he had affumed regal power, to the undoing of many. 3. That he had converted great part of his Majefty's treasure and revenues to his own ufe. 4. That he hath traiterously abused the power and authority of his government to the encreafing, countenancing, and encouraging of Papifts, that by their help he might accomplish his malicious and tyran-nical defigns. 5. That he hath maliciously endeavour-ed to ftir up enmity and hoftility between his Majefty's fubjects of England, and those of Scotland. 6. That, being Lieutenant-General of his Majefty's armies, he had betrayed his Majefty's fubjects to death, and his army to a fhameful defeat at Newborne by the Scots, and fuffered New. Caftle to fall into their hands, to the end England might be engaged in an irreconcileable quarrel with the Scots. 7. That he endeavoured to incenfe his Majefty against Parliaments, thereby to create divifions between him and his people, and destroy these kingdoms; for which they impeached him of High Treafon. 8. That he committed these acts while he was Lord Deputy of Ireland, Lieutenant-General of the armies of England and Ireland, Lord President, and Lieutenant- General of the North. 9. The Commons, faving to themselves the the liberty of exhibiting any other accufa- | Ireland, and the corporation of Dublin, the tion, prayed, that the Earl might be brought to justice, &c. Thefe general articles feem to be fent up with no other view, than that they might have a pretence for his being committed to the Tower, while they fhould hammer out more particular articles, and fifh for witneffes to fupport their charge; for on the 30th of January 1640, they fent up twentyeight fpecial articles against him, in which the former feem to be comprehended. Earl declared Ireland was a conquered kingdom; that the king might do what he' pleafed with them; their charters were worth nothing, and bound the King no farther than he pleased. 4. That Richard Earl of Cork having commenced a fuit for the recovery of his poffeffions, of which he was difpoffeffed by an order of Council, the Earl threatened to imprison him, if he did not furcease his fuit; and faid he would have neither the law nor lawyers dispute his orders; adding, That he would make the Earl of Cork and all Ireland know, that as long as he had the government, an act of state should be as binding to that kingdom as an act of parliament. 1. They charge, That the Earl, being Prefident of the North, did on the 21ft of March, 8 Car. procure a commiffion, with inftructions, directed to himself and others, empowering them to determine all mifdemeanours and offences in the North; and particularly, they were appointed to pro- 5. And that he did accordingly exercise ceed according to the courfe of the Star- his power on the goods, inheritances, liberChamber against divers offences; and to ties, and lives of the fubjects there, to the proceed according to the course of the fubverfion of the laws of that kingdom; Court of Chancery concerning lands, and particularly, that he did, in time of full grant injunctions to the Common Law peace, caufe the Lord Mountnorris to be Courts: And that he exercised thofe pow-condemned to death by a council of war; ers over the perfons and eftates of feveral, and caufed fentence of death to be prodeprived them of their eftates and poffef-nounced against another perfon (whose name fions, and fined and imprifoned them, to was unknown) at Dublin, and he was exetheir utter ruin; and particularly Sir Co-cuted in pursuance of it. nyers Darcy and Sir John Bourchier: That he procured directions, that no prohibition fhould be granted; and that none fhould be discharged on a Habeas Corpus, till they had performed their decrees; and that in the 13th of the King, he caused the commiffion to be renewed, with additional inftructions. 2. That, foon after his procuring the firft commiffion, he declared at the affizes at York, that since fome of the juftices of peace were all for law, they fhould find the King's little finger heavier than the loins of the law, in order to terrify the faid juftices, that they fhould not execute the Jaws. 3. That, in a speech to the nobility of 6. That, on a paper petition, he caufed the faid Lord Mountnorris to be diffeized of his manor of Tymore. 7. That he caufed the cafe of tenures on defective titles to be drawn up; procuring the refolutions of the judges thereupon; by colour of which he caufed the Lord Thomas Dillon and divers others, to be difpoffeffed of their freeholds, to the ruin of many hundred families. 8. That on the petition of Sir John Gifford, he made an order against Adam Vifcount Loftus, Lord Chancellor of Ireland, and, under pretence of disobedience to the faid order, caufed him to be imprisoned, and to furrender the Oreat Seal: That he imprisoned the Earl of Kildare, in order to make means, he constituted divers others monopolies. wife wrought; whereby he gained the fole fale of that native commodity. make him fubmit his title to the manor of Caftle-Leigh to his pleasure, and kept him in prifon a year, refufing to enlarge him, 13. That he commanded the Irish, by though directed to do it by his Majefty's proclamation, to work their flax and yarn letters: That he caused an order of coun- into thread, in a manner they were unskilcil to be entered against Dame Mary Hib-led in, and feized the flax that was otherbots, although a major part of the council was for the Lady; and forced her to relinquifh her eftate, which was foon after conveyed to Sir Robert Meredith, to the use of the Earl of Stafford; and that he imprisoned feveral others, on pretence of difobedience to his orders, for pretended debts, titles to lands, &c. in an arbitrary extrajudicial course, upon paper petitions. 14. That he impofed an unlawful oath on the owners and masters of ships, by proclamation, requiring them to give an account of their lading, their owners, from whence they came, and whither bound. 15. That, contriving to bring the realm of Ireland under his tyranny, he impofed great fums on the town of Baltimore, and divers other places, which he levied by troops of foldiers: That particularly he impowered Robert Savile, ferjeant at arms, and feveral captains, to quarter foldiers on 9. That he granted a commiffion to feveral bishops, their respective chancellors and officers, to commit the meaner fort of people to prison, who fhould not obey their decrees. 10. That he farmed the customs of Ire-fuch of the inhabitants as would not be conland, and, to advance his gain, caufed the native commodities to be over-rated; and the customs, which formerly were but a twentieth part of the value of the goods, were now a fourth, a fifth, and fome of them a third part of the value. 11. That he extorted great fums from the fubject, for licences to export divers forts of goods. 12. That he iffued a proclamation against the importation of tobacco, and then caufed great quantities to be imported for his own ufe; and would not permit the merchants to vend their tobacco, unless they would let him have it at his own price: That he issued another proclamation, commanding all tobacco to be feized that was not fealed by his agents; and thofe on whom unfealed tobacco was found, were fined, whipped, imprisoned, or pilloried; by which means he gained an hundred thousand pounds; and though he raised the customs in other articles, he leffened them in this, from fix-pence to three-pence a pound, for his own profit; and that, by the like undue formable to his orders: That he difpoffeffed Richard Butler, and above an hundred families, of their estates by a military force, imprifoning the proprietors, till he compelled them to relinquish their respective interests, levying war against his Majesty, and his liege people of that kingdom. 16. That, to continue his oppreffions on the fubjects of Ireland, he prevailed on his Majefty, not to fuffer any complaints to be received in England; and iffued a proclamation, prohibiting all, who had any eftates or offices in Ireland, to depart the kingdom without license; and imprisoned several that came over to England to complain against him. 17. That he affirmed, his Majesty was fo well pleased with his army in Ireland, and the confequences it produced, that he would make it a pattern for all his three kingdoms. 18. That, in order to make the Papists of England and Ireland to depend on him, he restored feveral religious houses to their pretended owners; particularly two in Dub lin |