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A House in Gross DisorderSex, Law, and the 2nd Earl of Castlehaven$

Cynthia Herrup

Print publication date: 2001

Print ISBN-13: 9780195139259

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780195139259.001.0001

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(p.165) Appendix C Genealogy of Manuscripts and Pamphlets1

(p.165) Appendix C Genealogy of Manuscripts and Pamphlets1

A House in Gross Disorder
Oxford University Press

Redaction 1 (the earliest versions)2

NRO Isham Lamport Ms 3339

Discrete; seventeenth century. Listed in HMC 3rd Report in the collection of Sir Charles Isham of Lamport Hall. Trial only; probably the earliest text extant.

NRO Finch-Hatton Ms 2564

Discrete; seventeenth century. Listed in HMC 1st Report as part of the Hatton Mss. Trial only.

Bod Rawlinson Ms D859/144–55v

Miscellany of material from Elizabeth I to the 1670s, collected by Hannibal Baskerville, Buckinghamshire antiquary. Apparently eyewitness account of the execution.

NLW Chirk Castle Ms 1328F

Discrete, but badly damaged. Probably from the collection of the Myddleton family.

BL Harl Ms 6865/230–38

Miscellany of seventeenth- and eighteenth-century papers collected by H. Wanley from the library of Thomas Baker. Execution, letter to son, confession of faith.

Yale Library Osborn b126

Disbound; early seventeenth century. Execution, confession of faith, epitaph, and response.

Harvard Law School Ms 5043

Discrete; early seventeenth century. Probably belonged to H. R. Ashford, Stourbridge, Wilts. Execution, letter to son, confession of faith.

BL Stowe Ms 396/164–177

One of two texts in “Reports of State Trials 1521–1668”; bookplate of Arthur Capel, Earl of Essex, 1701. Execution. For the other, see below.

(p.166) Bod Rawlinson Ms D911/398–403v

Fragment; miscellany of historical and legal notes, sixteenth to eighteenth centuries.

Variation 1a

FSL Ms Vb.50/pp. 519–47

Miscellany; early seventeenth century. Warwick version of execution, confession of faith, epitaph “found in the Earl's chamber.”3

BL Sloane Ms 1709/63–83

Miscellany listed as part of the library of Sir Robert Cotton or his son. Notes rather than a narrative; Bohemia execution; confessions of Broadway and Fitzpatrick.4 BL Add Ms 45,124 is another copy.

BL Egerton Ms 2026/15–19v

“Political tracts, trials, etc chiefly early 17thc.” Trial only.

BL Harl Ms 738/322–26

“A book in folio containing diverse law treatises promiscuously bound together.” Bought 1707 from Bishop Edward Stillingfleet. Warwick execution, confession of faith, epitaph.

BL Lansdowne Ms 491/226–229v

Miscellany of parliamentary tracts seventeenth to early eighteenth centuries from the collection of a “Mr. Urmreville”; frontispiece of the Shelburne coat of arms. Warwick execution, letter to son, confession of faith, epitaph with added preface.

Redaction 2

Trinity College Ms 731

Miscellany; late seventeenth century. Given to the College in 1674 by Sir Jerome Alexander, Judge of Common Pleas. Execution, epitaph, and answer.

Wiltshire RO Ms 413/401

Discrete; seventeenth century. Epitaph and answer (copies of two versions).

Variation 2a

BL Harl Ms 2194/78–90

“Lord Stewards of England and trials before them.” William the Conqueror to 1631. Book plate of John, Duke of Newcastle. Execution, letters to son and sisters, confession of faith.

Bod Rawlinson Ms D719/329–49

Miscellany of historical tracts, 1590–1631. Execution, letters to son and sisters, confession of faith, confessions of Broadway and Fitzpatrick.

Bod Rawlinson Ms A346/124–42

Miscellany of materials, 1614–1714. Execution, letters, confession of faith, epitaph, and “Upon Lord Audley's Conviction.”

(p.167) Inner Temple Petyt Ms 538/8, pp. 351–92

Theatrum Criminalium “copied from the public records and other sources” by William Petyt, Keeper of the Records of the Tower, 1689–1707. Acquired from him, 1707. Trial only.

Bod Rawlinson Ms A135/579–601

Miscellany concerning the Popish Plot, once the property of R. Bridgman. Trial only.

Yale Osborn Ms b125

Discrete; early seventeenth century. Belonged to Andre de Copet. Perhaps the text noted in HMC Beaufort as part of the collection of Sir Henry Spelman. Execution, confession of faith, epitaph “Upon the Lord Audley's Conviction,” confessions of Broadway and Fitzpatrick.

Bod Carte Ms 107/173–92v

“Office of the Earl Marshall etc. …” Acquired 1753 as part of the miscellany relating to the life of the Duke of Ormonde. Execution, letters to son and sisters, confession of faith.

Bod Rawlinson Ms D924/100–18v

“Historical Collections Elizabeth-George II.” Independent pagination suggesting earlier binding. Execution, letters to son, confession of faith.

Variation 2b

Each of the texts below contains a version of the execution, letters of son and sisters, confession of faith, confessions of Broadway and Fitzpatrick, plus the petition of Castlehaven's sisters to Charles I, and a “mental description” of the Earl. All save the last are claimed to have been “set forth collected and composed” in 1631.

Folger Lib Ms V. b.328

Discrete. Likely source for all others in 2b.

PRO SP 16/207

Discrete. Identified in CSPD as “apparently prepared for the press.”

Bod Tanner Ms 71/70–90v

Miscellany, mostly of correspondence, 1629–33. From the collections of Dr. Ward, Master of Sidney Sussex.

NLS Advocates Ms 2744

Discrete. Identified as a “contemporary document.” Neilson Collection.

NLS Advocates Ms 23.7.12/52–85v

Miscellany. Acquired 1723 from the library of Sir Robert Sibbald.

BL Lansdowne Ms 213/182–202

Miscellany of tracts, sixteenth century to 1660.

University of Kansas Kenneth Spencer Research Library Ms D 153(4)/94–115

Star Chamber collection. 1583–1633 bound together in the seventeenth century. (p.168) Apparently the text noted in HMC 3rd Report as part of the collection of the 2nd Duke of Westminster.

Natl Lib Ireland Ms. 16,999/14–40

Dated 1633 [sic].

Independent Texts

BL Stowe Ms 396/156–63

One of two texts in “Reports of State Trials 1521–1668”; bookplate of Arthur Capel, Earl of Essex, 1701. Trial only.

Bod Clarendon Ms 5/18–21

Clarendon State Papers. Notes rather than a narrative. Trial only.

Univ of Chicago Regenstein Library Ms249

“Trials before the Lord High Steward” to 1685. Labeled “collection Jos Smith”, ca. 1800; perhaps the text noted in HMC, 5th Report as “Mr. Smith's account of the Lord Castlehaven”, at that time part of the mss of the Catholic Chapter of London. Trial only.

BL Add Ms 22,591/81–93

Miscellany of sixteenth- and early-seventeenth-century pieces. Acquired 1857 from Rev. Philip Bliss. Execution, letters to son and sisters, confession of faith, epitaph, and response.

Bod Ashm Ms 824/21–5

Miscellany of speeches and trials, 1550s–1670s. Bequeathed by William Henry Black, one of the assistant keepers of the public records and described in the catalogue as “a report of the trial of that horrid wretch. …” Trial only, likely eyewitness.

BL Hargrave Ms 226/310v–313

Miscellany, 1600–1631. Notes rather than narrative. Trial only; likely eyewitness.

HEH Ellesmere Ms 7976/1–16

Miscellany of tracts; early seventeenth century. Notes rather than narrative (probably taken for Castlehaven's brother-in-law, John, Earl of Bridgewater). Confession of faith; likely eyewitness.

BL Hargrave Ms46/172–75

Law french reports 15 James–14 Charles. Notes only. Another copy at BL Hargrave 22

Lincolnshire Record Office, Worsley Ms 47/77–83

Miscellany of the Worsley family. Extensive fragment of the trial; likely eyewitness.

Untracked: Ms noted in HMC 9th Report as then part of the Mss of the Earl of Leicester, some of which originated in the library of Sir Edward Coke.



BL Add Ms 45,224/38–40b

BL Harleian Ms 791/51–2 Unique burial information

NRO Isham Lamport Ms 3337

Trials of Broadway and Fitzpatrick

BL Harleian Ms 1330/61v–62


BL Harleian Ms 6846/274–5 Jurors; Castlehaven's questions

BL Harleian Ms 2067/18–18v Erroneous jury list; confession of faith

NRO Isham Lamport Ms 3484 Confession of faith


The Arraignment and Conviction of Mervin, Lord Audley, Earl of Castlehaven … 1643.5 Allegedly printed in London for one Thomas Thomas.6 From a version of Redaction 1.

The Trial of the Lord Audley …, 1679.7 Source unknown, but someone with legal knowledge.

The Trial and Condemnation of Mervin Lord Audley Earl of Castlehaven …, 1699.8 Claimed authority from “this trial lying by me [the prefacer] in an old manuscript which was never yet printed.” Apparently drawn from a mix of Redaction la and already printed materials.

The Case of Sodomy …, 1708. Allegedly “printed from an original manuscript,” perhaps BL Add Ms 22,591/81–93 or a version of Redaction 2.


LʼEstrange: the core of information, but not the wording, comes from Redaction 1.

Sanderson: fits Redaction 2b, particularly BL Lansdowne Ms 213 almost exactly, adding only Fitzpatrick's claim that he had been entrapped.

Rushworth: apparently a mix of personally acquired information, a Redaction 2 text, and the 1679 pamphlet.


(1.) The taxonomy here is based upon the work of my former research assistant, Scott Lucas. Without his carefulness and diligence, it would have been impossible. I am extremely grateful for his efforts. Dates and provenances below generally rely upon information provided by the relevant repositories and John Baker's Index to English Legal Manuscripts. I would also like to thank Clive Holmes for alerting me to the presence of Worsley MS 47.

(2.) Within redaction versions, I have clustered together texts that have the closest relationship.

(3.) This version of the execution speech includes a request from Castlehaven that the Earl of Warwick convey a message of gratitude and good wishes to the King.

(4.) This version of the execution includes a specific wish for the success and happiness for Charles's beleaguered daughter and son-in-law, the King and Queen of Bohemia.

(5.) Wing #A3743. The revised Wing lists eight known copies of the tract, housed at BL, Bod, the Clark Library, the now dispersed Fairfax Collection, FSL, HEH, Yale, and Worcester College, Oxford.

(6.) Despite the London imprint, this was most likely Thomas Thomas, the Bristol bookseller who is noted on the title page of a handful of extant works (but no other reprised legal cases) linked to issues of moral and political reform.

(7.) Wing #T2227. Wing lists six extant copies: John Rylands Library, HEH, Library of Congress, Harvard, FSL, and Yale. My former student Colleen Seguin discovered another copy in Downside Abbey Tracts 211: Acc 28329, a collection of pamphlets relating to the Popish Plot.

(8.) Wing #T2144. Wing lists 3 extant copies: BL, Bod, Haigh Hall.