in your sins, and therefore hope he hath reserved you as a subject of his mercy and as be sends you to see this day of shame, that you may return unto him, so thereby in a manner he lovingly draws you to him: therefore spend the remainder of your time in tears and repentance; and this day's work, I hope, will be a correction from many crimes and corruptions.

Whereupon, at last, the Earl descended to a low Petition to the lords, and very humbly besought them to intercede with his majesty, that he might not suddenly cut him off, but give him time of repentance. And then he desired their lordships pardous, in that he had been so great a stain to honour and nobility.

Then a Proclamation being made by a serjeant, declaring, That the lord High-Steward's pleasure was, that all such as had attended this day's service might depart; the lieutenant of the Tower carried the earl away, and the court broke up.

THE EXECUTION.

In pursuance of the Sentence, a warrant was issued for his Execution upon Saturday the 14th of May following; notice whereof was given him, and his coffin carried into the Tower about a week before, that he might the better prepare himself for death: The dean of Paul's, doctor Winerfe, failed not daily to visit him, and to see how he stood, and to settle him in his religion.

Being brought to the scaffold, attended by the dean of Paul's and Dr. Wickham, together with his servants, he saluted the noble personages, and whole assembly, shewing to them all a very noble, manly and chearful countenance, such as seemed no ways daunted with the fear of death. After a short while shewing himself to the people, he addressed himself to prayer, the deans accompanying him in that exercise, but somewhat apart; which being not long, he stood upon his legs, and leaned upon the two deans, conferring with them. Then he turned to the Lords, and spake to this effect:

doctors, but for better satisfaction to the world in that point, express the same in writing under my hand signed; which as it is here set down, I desire may be publicly read."

The Confession of his Faith then was read by a young gentleman, with a loud voice, wherein he professes he dies in the faith of the church of England.

After which he proceeded: "I acknowledge the great justice and mercy of the king's majesty; his justice in bringing me to the bar; and his mercy in affording me such a noble and gracious Trial there and I give his majesty humble and hearty thanks for assigning my death to be in this manner, contrary to the Sentence pronounced against me at my arraignment, But there is a greater favour than this, for which I am to render thanks unto his sa cred majesty, and that is, the long time I have had to repent in; whereof (praised be Almighty God) I can speak with comfort, I have made good use, and am now fully prepared for death, and much the better, by the good help and instruction of these two worthy men, to whom I acknowledge myself bounden, and do here, before you all, give them hearty thanks for their great pains taken in coming to me, praying for me, and preaching and reading to me.-And I desire your lordships to present my humble acknowledgment to his majesty, for his goodness in sending them to me, and my thanks for the same.--I do also from my heart desire and beseech Almighty God to bless the king's majesty, the queen, and the young prince, together with all such other issue as he shall hereafter in mercy bestow on them, and the whole state; and my trust and desire is, there may be ever one of their line to sway the scepter of these kingdoms to the world's end. And I beseech, and do heartily pray for the welfare and happy prosperity of the king and queen of Bohemia, with all their princely issue. I do again desire your lordships to make tender of my humble acknowledgement of his mercy and goodness.--And now lastly, That will not bend your eyes so much upon me, as your hands and hearts to heaven in prayers for me; and so I take my last farewell of your lordships and the world.'

you

"I acknowledge with thankfulness the great goodness of Almighty God, that it hath pleased his divine majesty to bestow on me many endowments, as honour, riches, and the like, which I have mis-spent; having been a vicious Then he went again to his private prayers; liver, and justly deserved death, for as much, which being done, he prepared himself for and in that the least sin at God's hands justly death, striving to shew the like courage and deserveth death, and no less; but for the two magnanimity which he had formerly done, unto heinous crimes with which I am branded, con- the last but sight of the headsman (whom yet demned, and here to suffer for, I do here deny he freely forgave, and took him by the hand, them upon my death, freely forgiving those that bidding him do his office manfully) together have accused me, and have been the occasion with the apprehension of his near approaching of my death, even as freely as I myself do de-end, made him somewhat to change colour, sire forgiveness at God's hands, which I hope to obtain through his infinite goodness and mercy; and somewhat the rather, by your Christian prayers, which I expect, and humbly beg of your lordships and this whole assembly. Now for as much as there hath been speech and rumour of my unsettledness in my Religion, I have, for explanation thereof, not only made Confession of my Faith to these two worthy

VOL. III.

and shew some signs of trembling passion; for his hands shook a little in undoing his bandstrings; which bis man perceiving, stept to him and helpt him, as also off with his doublet. Then taking leave again of the lords, the doctors, and his man, saying a very short prayer by himself, he pulled down his handkerchief over his face, and laid his head upon the block; which was taken off at one blow.

2

138. The Trial of LAWRENCE FITZ-PATRICK and GILES BROADWAY, two Servants of the before-mentioned Lord AUDLEY, Earl of Castlehaven, at the King's-Bench, for a-Rape and Sodomy : 7 CHARLES I. A. D. 1631. [2 Rushw. Coll. 102.]

The countess of Castlehaven herself was in court, to give Evidence against Brodway; and she came in upon the instant, when the Lord Chief Justice (sir Nicholas Hyde) demanded of her, Whether the Evidence she had formerly given at her lord's Arraignment was true, and the full matter of Charge she had then to deliver against the Prisoner? Whereupon she answered, It was.-My lord said: Madam, you have sworn that Brodway, prisoner at the bar, hath lain with you by force, which may be, and yet no act committed: Did he enter your body?gery with man or beast.' (Of which fact the She said, That in her former oath taken, when she testified he lay with her by force, her meaning was, that he had known her carnally, and that he did enter her body*.

whole board) that whatsoever he delivered should no ways prejudice himself, he thereby got him to declare the earl guilty of the sin of Buggery; wherein himself being a party, was the only cause he came now to suffer death: for which his lordship's skill and policy in sifting him, together with a dispensation of his promise and oath, he freely forgave him; saying farther, the said lord had done him no wrong, because he therein was but an instrument to send him out of this world into a better. Then he demanded of the company, if the earl denied the sin at his death; and wished my lord had not (if he did) for it was too true; his lordship had both buggered him, and he his lordship. That it was true (for some private discontentment) he bore a little malice to the earl and Skipwith, for which he asked God forgiveness. That for Brodway, if he had done any thing to the countess, he did it not out of his own ill corrupt nature, but was provoked and persuad

lady was produced face to face, which she was;
who by her oath, viva voce, satisfied the audi-
tors, both concerning the truth of the fact and
his own impudence.-Fitz-Patrick, who was
arraigned for the Buggery, confessed his Exa-
mination to be true; but like one very igno-
rant, or rather senseless, would have them true
against the lord Audley, and not against him-
self, which was impossible: he pretended he
was promised security from danger, if he would
testify against the lord Audley; and so sought
to raise a suspicion, as if he had been wrought
upon, to be a witness to bring the lord Audley
to his end. They were both found guilty, to
the full satisfaction of all that were present;
and we for our parts thought it to stand with
the honour of common justice, that seeing their
testimony had been taken to bring a peer of
the realm to his death, for an offence as much
theirs as his, that they should as well suffer for
it as he did, lest any jealousy should arise about
the truth of the fact, and the justness of the pro-ed to it by the earl.
ceedings. But upon receipt of your lordship's
Message, we have stopped the Execution till
his majesty's further pleasure be known; to
which we shall humbly submit ourselves, and
rest at your lordship's command, N. Hyde, W.
Jones, J. Whitlock, G. Croke."

The king by this means being truly informed how things stood, signified his pleasure, that they should be executed, but to have a week's tune for repentance.

On Wednesday, the 6th of July 1631, they were brought to Tyburn; where, when the executioner had tied the halter about Fitz-Patrick's neck, he said:

"He cleared the young lord, as never being any occasion or means of his father's death, in hiring, or persuading him to give evidence, as he had done. He confessed he had lived an ill life, in that he had delighted in drinking, whor ing, and all manner of uncleanness; but now, as he was heartily sorry, so he doubted not of mercy of Almighty God, to pardon and forgive him all his sins, through and for the merits and mediation-sake of Christ Jesus, the blessed Virgin, and the Saints in Heaven.

"That he had fallen or run into these sins, (and especially that which he came to die for) by reason he had neglected, and not so duly, as he should have done, repaired to his ghostly father, to make confession, and take instructions from him. That after he did make confession and his sins known to the priest, he was not only sorry for them, but also resolved never to come into my lord's house again; but it was through frailty, and because he was not furnished of another place."

So turning again to Brodway, and persuading him to embrace the Romish faith, wherein, as he perceived, his labour was in vain, so the sheriff and other persons of quality willed him to forbear, and shut up bis discourse, unless he had any thing more to say to the purpose. Whereupon praying for the king, queen and state, he betook himself to private prayer, and therein for the most part continued to his death.

"Forasmuch as I am here, and, as it were, upon the instant to suffer death, I desire all loving subjects and members of the church of Roine to pray for me." Then he proceeded to pray to our Saviour, his Mother, and the Saints; in which he was interrupted by some gentlemen, who told him, that the beginning of bis prayer was good, for that he offered it to Christ Jesus, in whom only salvation is to be found; as for the Virgin Mary, and the Saints, they could do him no good. But notwithstanding he persisted, saying, "O yes, the blessed Virgin never forsook or failed any that trusted in, or called upon her; and therefore he would depend upon her and the rest of the Saints; and so proceeded to an exhortation to Mr. Brodway, to cleave to the same opinion, and die in the Romish faith; for which Brodway came, (and as it was thought by to have him do, he said, if he had it, he would the company, a true penitent) and after fetchgive the whole world." Unto which motion ing a deep sigh at the sight of the tree, he lifted Brodway gave no answer, or seemed not to re- up his eyes and hands towards Heaven, making gard it." Then he proceeded to shew how he and saying to himself two short prayers; so athad been examined by my Lord Chief Justice tending Fitz-Patrick's discourse, he sat in pritouching the corruptness of my lord of Castle-vate meditation, often making it manifest he haven's life, wherein he said he confessed nothing to prejudice the said earl.

"That being within three days after sent for before the lords of the councile my lord Dorset bad entrapped and ensnared him to his destruction; for saying upon his honour, and speaking it in the plural number (as the mouth of the

was in prayer most of the time, and also rejoicing at the assembly's well wishing of him, for which he returned smiles and thanks. His time being come to stand up and have the halter put about his neck, and so declare himself, he willingly suffered the one, and proceeded to the other. First asking Fitz-Patrick if he had

my wife wholly delighting in lust, which I am neither able nor willing to satisfy, thou mayest do well to lie with her: and so pleasing her, after my death marry her, and thereby raise thy fortune. Fitz-Patrick knows my lord had solicited me again and again, hearing him use this and he lying at the bed's feet." Which to clear, he charged Fitz-Patrick to speak his knowledge; who replied, "Twas true." Then he was asked by one of the lords, "Whether when my lord solicited him, my lady desired to have him know her carnally?" To whom he said, "No, he would not wrong her, though she hated him infinitely. But," said he, “ I know well, if I were minded, and able to proffer, she would not say nay: for Mr. Skipwith and Amptil lay with her commonly."

done, he pulled a sheet of paper out of his pocket; which being writ broadways, he could not spread it to read, therefore desired to have his bands untied; which was done, and he read it distinctly, to the assembly; the effect whereof was, to declare himself guilty, in the sight of Almighty God, of death and damna-language when we have been in bed together, tion; for that he had broke all the commandments, in thought, word, and deed, and sinned in pride of life, lust of the eye, conceit of his own beauty, matchless strength, and other natural gifts, in desire of revenge, not pitying the poor, unlawful riches, not repairing to sermons, not observing the Sabbath, &c. For all which, and other his sins whatsoever, tre both desired of, and trusted in God for pardon, and that through and for the only merits of our Saviour Christ Jesus, his bitter death and passion. He expressed a strong assurance, which He added, "That Skipwith confessed to him his very soul had, of forgiveness, in that, through he had often known her, and gotten a child upon the assistance of the Holy Ghost, he had laid her, which she, like a wicked woman, had made such hold on Christ as he had done. This paper- away: which was the only and sole occasion writing contained the confession and prayer; he the said Skipwith now hated her, and therealso (as I remember) something of his slender fore had turned to the young lady Audley; all guiltiness and desert of death, but not so much. which he presumed Skipwith would confess Then delivering his to the sheriff, he opened upon his oath. That the countess was the a little book, intitled, Learn to die,' and de- wickedest woman 6 in the world, and had sired the company to join with him; so reading more to answer for than any woman that lived, over three short prayers, the last whereof was as he thought." At which words, that Lord composed only of confession, and for pardon, which asked him the former question, said, which prayer he pronounced with great com- Grow not into a passion, Mr. Brodway, and fort, at every Anien clapping himself on the speak nothing for malice. He answered, breast; he closed it up, and gave it to his "God forbid I should, I am in charity with ali ghostly father, a minister and kinsman of his, living people, and do as freely forgive my lady who came along with him on horseback close Castlehaven, as I do desire God to forgive me : by the cart. Then he pulled out a little paper, but what I speak, is true, as I shall presently which contained a prayer of his own making; answer before him that redeemed me, and and when he had read it, and every one joined the Holy Ghost who sanctified me: To whom with him in the Amen, he commended it also to be all honour and glory, now and for evermore. the sheriff; and then throwing away his posy Amen." of flowers, he roused himself and said to this effect:

Then he proceeded farther, and said, "That my lord would have had him done it long before: for one night coming to him to his bedside, he caught him, and bid him come to bed to him and his wife: that thereupon he made to him as if he would; but being got from him, departed the chamber, never intending to do so foul a deed; and that for the reasons aforesaid he hated her of all women living. Howbeit, that one time, satisfying my lord's desire, he came to bed to them, where (being gratifyed) nature provoked him to a kind of desire, and he emitted, but did not enter her body, as he hoped for salvation; that he never knew any woman carnally whilst be lived in my lord's house.

"Gentlemen, though true it is, what I formerly have delivered touching my guiltiness and desert of death, my meaning was, and is, only in respect of my sins towards God, and no further for breach of the laws of the kingdom, than only lying once with the lady Castlehaven, through persuasion of the earl, who was then in bed with her and using some small force for the purpose, I did emit, but not penetrate her body. I came not to my lord with a desire or intent any ways to serve him, but was rather inclined for the sea: only Mr. Skipwith had drawn me thither for society-sake: and not hearing from my friends concerning my intended voyage, and being more kindly respected by the "That it was not his intentions to bring to earl than I looked for, I staid from week to light either my lord's or my lady's shame; but week, and from month to month, contrary to that when he was upon his oath he could not my intention. Then my lord, making me his but speak the truth, his nature being never bed-fellow, did one day, when Skipwith was prone to lying; or if it were in his youth, the with him in the garden, (but walking some-good correction of his parents had weaned him what apart) break out in speeches to me to this purpose: Brodway, thou art young, lusty, and well favoured, and therefore canst not but prevail with any woman thou attemptest: wherefore for that I am old, and cannot live long,

from it, saying, that his mother had often told him the old Proverb, A lyar is worse than a thief;' and he thought he had more stripes for that than all faults else whatsoever that he had, as he hoped, spoke nothing of moment