In 1630, Castlehaven was publicly accused of allowing another man to rape his wife and committing sodomy with two of his servants. Castlehaven's son, James, claimed that it was the extent of Castlehaven's "uxoriousness" toward his male
favourites which led to his initial lodging of a complaint. At a
trial by his peers, it was stated that one such favourite, Henry Skipwith, had arrived at
Fonthill Gifford in 1621 and that within a few years he was so close to Castlehaven that he sat at the family's table and was to be addressed as "Mister Skipwith" by the servants. Several years later, Giles Broadway arrived at the house and received similar treatment. It was not long before Castlehaven was providing Skipwith with an annual pension, and he was accused of attempting to have Skipwith inseminate both Anne and her daughter Elizabeth, to produce an heir from Skipwith instead of his son. Charges were brought against Castlehaven on the complaint of his eldest son and heir, who feared disinheritance, and were heard by the
Privy Council under the direction of
Thomas Coventry,
Lord High Steward. Lady Castlehaven gave evidence of a household which she said was infested with debauchery, and the Attorney-General acting for the prosecution explained to the court that Castlehaven had become ill because "he
believed not God", an impiety which made Castlehaven unsafe. However, he insisted he was not guilty and that his wife and son had conspired together in an attempt to commit
judicial murder. All witnesses against Castlehaven would gain materially by his death (as the defendant put it: "It is my estate, my Lords, that does accuse me this day, and nothing else")
Attainder was decreed. Under the terms of the attainder, Castlehaven forfeited his English barony of Audley, created for
heirs general, but retained his Irish earldom and barony since it was an entailed honour protected by the statute
De Donis. ==Confession of Faith and Execution==