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Sodomy In Seventeenth-Century England

Decent Essays

In seventeenth-century England, the crime of sodomy was considered to be a heinous sin. In a time when religion governed law, homosexuality was not tolerated. The case against Lord Audley, Earl of Castlehaven, represents the treatment of those convicted in engaging in sexual behavior with men. Not only was sodomy frowned upon because it went against God’s laws, but it was also considered a crime against honor. Lord Audley’s trial shows that a crime of deviance is worse than a crime against another human being in seventeenth-century England.
“The Tryal and Condemnation of Mervin, Lord Audley Earl of Castle-Haven At Westminster, April the 5th 1631” and “The Arraignment and Conviction of Mervin Lord Audley, Earle of Castlehaven” detail the proceedings …show more content…

The beliefs about sodomy did not center on homosexual desire, but focused on sin and lust. Sodomy was believed to be acted upon when other sins were also done. In Caroline Bingham’s article “Seventeenth-Century Attitudes Towards Deviant Sex”, she analyzes the case against Lord Audley to illustrate the intolerance towards those that act against societal standards. “Lord Castlehaven died for having transgressed against the accepted morality of the society in which he lived” , Bingham claims. The trial against Lord Audley was more than a trial against his sodomy and rape, but it was a trial that was centered around his religious errors. The Lord High-Steward states “if men once habit themselves in ill, it is no marvell if they fall into any sinne, and that he was constant in no religion, but in the morning would be a Papist, in the afternoon a Protestant” . The matter of his religion should not be relevant to the crime he committed, however in the seventeenth-century it was. Furthermore, his inconsistency with religion is enough of a statement of his character to condemn him for the charges against him. When asking questions during the trial, the religion that the Earl belongs to is questioned. It is then revealed that he was Protestant but later joined the Roman Catholic Church. The relevance of this question does not pertain to the …show more content…

“The charge of prevaricating with his religion obviously weighed heavily against Castlehaven” as it received the blame for his sinful ways. The Lord High-Steward stated that if there were false accusations made, “God will put it into'th Hearts of these Noble Lords to find it out” but their hearts had been tainted with the fear of sodomy. Homosexuality was not recognized but was attributed to deviant behavior. This deviance was feared so much that those who committed it would be sentenced to death. It is referred to as something “so abominable and vile a nature” and “a Crime not to be named among Christians” . In Cynthia Herrup’s article “The Patriarch at Home: The Trial of the 2nd Earl of Castlehaven for Rape and Sodomy”, she updates Bingham’s analysis of the trial and brings it into the modern world. She writes that “he was convicted of these crimes in defiance of the power delineations of early modern society” Herrup supports Bingham’s theory that she “understood the trial to be primarily about the fear of sodomy” rather than the crimes themselves. The fact that he encouraged the raping of his wife and daughter are surpassed as the crime of sodomy comes to light. Whether the crime was punishable by death because it was a crime against God’s commands or because of society’s fear is questioned in the trial. However, the evidence points to the latter. He allowed his wife to

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