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Anne Stanley (May 1580 – c. 8 October 1647) was an English noblewoman. She was the eldest daughter of the Earl of Derby and, through her two marriages, became Baroness Chandos and later Countess of Castlehaven. She was a distant relative of
Elizabeth I of England Elizabeth I (7 September 153324 March 1603) was List of English monarchs, Queen of England and List of Irish monarchs, Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is ...
and for some time was seen as a possible heiress to the English throne. In 1630, her second husband, the
Earl of Castlehaven Earl of Castlehaven was a title in the Peerage of Ireland, created on 6 September 1616. It was held in conjunction with the Barony of Audley (created 1312 in the Peerage of England), the Barony of Audley of Orier (created with the earldom in t ...
, was arrested and charged with being an accomplice to her
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
by a servant. He was also accused of
sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...
, found guilty and sentenced to death. Anne Stanley's testimony against her husband was crucial in ensuring his conviction and set the precedent that a wife could give evidence against her husband. After the trial, she lived a very secluded life; her reputation had been severely damaged by the scandal.


Possible heiress to the throne

Anne Stanley was the daughter of Ferdinando Stanley, 5th Earl of Derby (1559–1594), and
Alice Spencer Alice Spencer, Countess of Derby (4 May 1559 – 23 January 1637) was an English noblewoman from the Spencer family and noted patron of the arts. Poet Edmund Spenser represented her as "Amaryllis" in his eclogue ''Colin Clouts Come Home Againe'' ...
(1556–1637). The Earls of Derby were among the most influential and prominent noble families in England. Ferdinando Stanley was a great-grandson of Mary Tudor, the younger sister of King
Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...
. Henry VIII had stipulated in his
will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...
that in the line of succession Mary's descendants would follow immediately after his own children. In doing so, he excluded the kings of
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
, descendants of his elder sister
Margaret Margaret is a female first name, derived via French () and Latin () from grc, μαργαρίτης () meaning "pearl". The Greek is borrowed from Persian. Margaret has been an English name since the 11th century, and remained popular througho ...
. By 1580, it was obvious that Queen
Elizabeth I Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen". El ...
would have no children, and this focused attention on the Earl of Derby as a possible future king. After his death in 1594, opinion in the matter of the succession began to favour King
James VI of Scotland James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until hi ...
who, in 1603, indeed succeeded Elizabeth I. However, some believed that this
succession Succession is the act or process of following in order or sequence. Governance and politics *Order of succession, in politics, the ascension to power by one ruler, official, or monarch after the death, resignation, or removal from office of ...
was contrary to the will of Henry VIII, and therefore illegal. Anne Stanley herself never made a claim to the throne.


Childhood, family and first marriage

Anne Stanley was the eldest of three daughters. When Ferdinando Stanley died, they inherited his considerable fortune. The title Earl of Derby went to his younger brother
William William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of Engl ...
. For Anne and her sisters Frances and Elizabeth prestigious husbands were sought. Frances married John Egerton, who became the 1st Earl of Bridgewater; Elizabeth married Henry Hastings, 5th Earl of Huntingdon. There were plans for Anne to marry a son of the Tsar of Muscovy. This marriage did not come about, and in 1607 she married the very wealthy Gray Brydges, Baron Chandos of Sudeley, who was known as the King of the Cotswolds. She lived with him in great style in
Sudeley Castle Sudeley Castle is a Grade I listed castle in the parish of Sudeley, in the Cotswolds, near to the medieval market town of Winchcombe, Gloucestershire, England. The castle has 10 notable gardens covering some 15 acres within a 1,200-acre estate ...
. They had at least five children. The Dowager Countess of Derby and her three daughters had access to an extensive network of highly influential people, including the royal court. The Dowager Countess and her daughter Elizabeth, Countess of Huntingdon, were politically active and promoted the interests of their family through that network. All four Stanley women were interested in drama and poetry, and supported theatre groups, writers and poets, including
Edmund Spenser Edmund Spenser (; 1552/1553 – 13 January 1599) was an English poet best known for ''The Faerie Queene'', an epic poem and fantastical allegory celebrating the Tudor dynasty and Elizabeth I. He is recognized as one of the premier craftsmen of ...
,
John Donne John Donne ( ; 22 January 1572 – 31 March 1631) was an English poet, scholar, soldier and secretary born into a recusant family, who later became a clergy, cleric in the Church of England. Under royal patronage, he was made Dean of St Paul's ...
and
John Milton John Milton (9 December 1608 – 8 November 1674) was an English poet and intellectual. His 1667 epic poem '' Paradise Lost'', written in blank verse and including over ten chapters, was written in a time of immense religious flux and political ...
.


Marriage to Earl of Castlehaven

In 1621 Anne Stanley's husband Baron Chandos died. Three years later she married the widower Mervyn Touchet, Earl of Castlehaven (ca. 1593–1631). This marriage was controversial. The title Earl of Castlehaven had only been granted to the Touchet family in 1616. Furthermore, it was a title in the
Irish peerage The Peerage of Ireland consists of those titles of nobility created by the English monarchs in their capacity as Lord or King of Ireland, or later by monarchs of the United Kingdom of Great Britain and Ireland. It is one of the five divisio ...
and therefore seen by the old English aristocracy as somewhat inferior. Lord Castlehaven was also more than ten years younger than his new wife, had previously shown to harbour
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
sympathies and generally not behaved in the manner expected of a nobleman. It was felt that Anne Stanley, who was connected to the most important and oldest noble families of England, had married beneath her. However, Lord Castlehaven was rich and Anne Stanley was described by her mother as a spendthrift. The Earl and Countess of Castlehaven lived mainly in
Fonthill Gifford Fonthill Gifford is a village and civil parish in Wiltshire, England, to the north of the Nadder valley, west of Salisbury. History The name of the village and parish derives from the Giffard family, landowners, beginning with Berenger Giff ...
, the country seat of the Touchets in southern England. Some time after their marriage Anne Stanley's eldest daughter Elizabeth Brydges married
James James is a common English language surname and given name: *James (name), the typically masculine first name James * James (surname), various people with the last name James James or James City may also refer to: People * King James (disambiguat ...
, the eldest son of Lord Castlehaven (1612–1684) who used the
courtesy title A courtesy title is a title that does not have legal significance but rather is used through custom or courtesy, particularly, in the context of nobility, the titles used by children of members of the nobility (cf. substantive title). In some co ...
Lord Audley. Elizabeth was probably twelve years old at the time. It was not unusual for a stepbrother and stepsister to marry, as a way to ensure that wealth remained within the family. The marriage was not a success and Lord Audley left Fonthill Gifford while his wife Elizabeth continued to live there.


Accusations

In 1630 Lord Audley, Lord Castlehaven's son, appealed to the
Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
stating that his father was planning to disown him. Audley claimed that his father had encouraged his (Audley's) wife Elizabeth to have sex with Henry Skipwith, a favorite servant of Castlehaven's. Should Elizabeth become pregnant by Skipwith, Castlehaven planned to make this child his heir, thus depriving his own son of his inheritance. Audley also stated that his stepmother Anne Stanley behaved in a lewd manner and had taken servants as her lovers. The Privy Council started an investigation in November 1630 and interviewed family members and servants at Fonthill Gifford. Elizabeth Audley admitted to having been coerced by her father-in-law into having a sexual relationship with Skipwith. According to Elizabeth Audley, her mother Anne Stanley had been raped by one of the servants at the instigation of Lord Castlehaven. When questioned about this, Anne Stanley testified that soon after their marriage, Castlehaven had declared that as a husband he had absolute control over his wife's body, and that she was obliged to do whatever he demanded. He had ordered her several times to sleep with one of his servants, but she had always refused. Eventually, Castlehaven had ordered the page Giles Broadway to rape her in his presence; he had assisted in the rape by restraining his wife. Anne Stanley stated that she had made a suicide attempt after the rape, but she had never discussed the incident with anyone. The inhabitants of Fonthill Gifford told the Privy Council's investigators that Lord Castlehaven had sexual relations with both male and female staff, including the footman Lawrence Fitzpatrick, and that he was a voyeur. He showered his sexual partners with gifts and had his eldest daughter marry one of his favorites, who had joined the household as a page. Anne Stanley's account of the rape and her subsequent suicide attempt was confirmed, also by the alleged rapist Giles Broadway. The investigators recorded only the testimony of male servants; women were considered unreliable witnesses, especially if they were of lower class. Lord Castlehaven was formally charged with the
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
of his wife and
sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...
with the servant Lawrence Fitzpatrick on 6 April 1631. He was imprisoned in the
Tower A tower is a tall Nonbuilding structure, structure, taller than it is wide, often by a significant factor. Towers are distinguished from guyed mast, masts by their lack of guy-wires and are therefore, along with tall buildings, self-supporting ...
and his properties were
confiscated Confiscation (from the Latin ''confiscatio'' "to consign to the ''fiscus'', i.e. transfer to the treasury") is a legal form of seizure by a government or other public authority. The word is also used, popularly, of spoliation under legal forms, o ...
by the Crown. Giles Broadway was charged with the rape of Anne Stanley, and Lawrence Fitzpatrick was charged with sodomy. Anne Stanley was ordered by the Privy Council to temporarily take up residence with the
Bishop of Winchester The Bishop of Winchester is the diocesan bishop of the Diocese of Winchester in the Church of England. The bishop's seat (''cathedra'') is at Winchester Cathedral in Hampshire. The Bishop of Winchester has always held ''ex officio'' (except dur ...
. Her younger children from her first marriage were placed in the care of their grandmother, the Dowager Countess of Derby. The Dowager Countess was not prepared to take in her granddaughter Elizabeth, Lady Audley, whom she feared would be a bad influence on her younger siblings. Lord Castlehaven denied all charges and claimed his wife and son were conspiring against him. He called his wife a whore, to whose statements no value should be attached, and accused her of having given birth to an illegitimate child during their marriage. The servants who had made incriminating statements against him had done so out of spite and jealousy, he said.


Trial

In the 17th century, rape and sodomy were seen as serious, morally reprehensible crimes; they were capital offences but prosecution and convictions were rare. It was certainly unusual for a peer to be prosecuted for either rape or sodomy. Prosecution for rape occurred mainly if another offense had also been committed, or if the rape was considered to be a flagrant violation of social order. Rape within marriage was not recognized by law; the charge of rape made against Lord Castlehaven related to his
complicity Complicity is the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages ( abets) other perpetrators of that crime, and who shared with them an intent to act to complete the crime.''Criminal Law ...
in the rape of Anne Stanley by Giles Broadway. In the case of people of high rank, the charge of sodomy was usually added to charges such as
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
or
corruption Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...
, and served mainly to raise doubts about the moral character of the accused. The trial of Lord Castlehaven was remarkable in that the judges explicitly ruled that a woman could testify against her husband in criminal proceedings, especially if she was a victim. This had previously not been clear under English law and set an important
precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
. In response to a question by Lord Castlehaven whether it could legally be called rape if the victim was a woman of loose morals, the judges responded that the reputation of the woman did not matter. They also ruled that it was irrelevant that Anne Stanley herself had never spoken out about the rape by Broadway. The trial of Lord Castlehaven began on 25 April 1631 and lasted just one day. The
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
consisted of 27 men from the
nobility Nobility is a social class found in many societies that have an aristocracy (class), aristocracy. It is normally ranked immediately below Royal family, royalty. Nobility has often been an Estates of the realm, estate of the realm with many e ...
. Of these, at least ten had close ties to the Stanley family. There is little doubt that Anne Stanley's influential mother and sisters made efforts to influence the case in their favour. Anne Stanley and her daughter Elizabeth Audley did not appear in court; it was unthinkable that a noblewoman would speak publicly about sexual matters. Their statements were read out. The
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
s emphasized the fact that Lord Castlehaven's behaviour was immoral and unworthy of a nobleman. On 26 April the jury unanimously found Lord Castlehaven guilty of rape, and a majority also found him guilty of sodomy. He was sentenced to death. The Touchet family urged King
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
to pardon Lord Castlehaven, arguing that Anne Stanley was a promiscuous woman and an unreliable witness. The King, however, refused, and Castlehaven was
beheaded Decapitation or beheading is the total separation of the head from the body. Such an injury is invariably fatal to humans and most other animals, since it deprives the brain of oxygenated blood, while all other organs are deprived of the i ...
on 14 May 1631 on
Tower Hill Tower Hill is the area surrounding the Tower of London in the London Borough of Tower Hamlets. It is infamous for the public execution of high status prisoners from the late 14th to the mid 18th century. The execution site on the higher grou ...
. He maintained his innocence to the last. The trial of Giles Broadway and Lawrence Fitzpatrick took place in June 1631. Both withdrew the confessions they had made during the trial of Lord Castlehaven, possibly because they had been falsely promised
immunity Immunity may refer to: Medicine * Immunity (medical), resistance of an organism to infection or disease * ''Immunity'' (journal), a scientific journal published by Cell Press Biology * Immune system Engineering * Radiofrequence immunity desc ...
, and claimed they were innocent. Anne Stanley was present in court to declare under oath that her recorded statement was true. Broadway was found guilty of rape, and Fitzpatrick found guilty of sodomy. They were
hanged Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging in ...
on 6 July 1631. On the scaffold, Broadway declared Anne Stanley to be the most wicked woman who ever lived; he claimed she had sexual relations with servants and had killed her own child.


Later life

After the execution of her husband, Anne Stanley withdrew from public life. She always maintained that she was blameless. However, already during the trial
pamphlet A pamphlet is an unbound book (that is, without a hard cover or binding). Pamphlets may consist of a single sheet of paper that is printed on both sides and folded in half, in thirds, or in fourths, called a ''leaflet'' or it may consist of a ...
s had been published that questioned her innocence or even identified her as the evil mastermind behind the events in
Fonthill Gifford Fonthill Gifford is a village and civil parish in Wiltshire, England, to the north of the Nadder valley, west of Salisbury. History The name of the village and parish derives from the Giffard family, landowners, beginning with Berenger Giff ...
. Lord Castlehaven's sister, the poet and Protestant prophetess Eleanor Davies Touchet, wrote a number of these leaflets. The fact that both Lord Castlehaven and Giles Broadway had portrayed her as immoral and evil minutes before they were executed further damaged her reputation. In the years after the trial, Anne Stanley lived with her mother, the Dowager Countess of Derby, who managed to obtain a formal pardon from the King for Anne Stanley's "sexual immorality and debauchery". It was common at that time to grant pardons when people had transgressed against their will. The possessions of the Earl of Castlehaven were confiscated by the Crown after his death. Anne Stanley was financially dependent on the income she still received from the estate of her first husband, and on the support from her mother and brothers-in-law. After the death of her mother in 1637, she moved to Heydons House in Harefield, where she died in 1647.


Legacy

It is widely assumed that the masque
Comus In Greek mythology, Comus (; grc, Κῶμος, ''Kōmos'') is the god of festivity, revels and nocturnal dalliances. He is a son and a cup-bearer of the god Dionysus. He was represented as a winged youth or a child-like satyr and represents ana ...
by
John Milton John Milton (9 December 1608 – 8 November 1674) was an English poet and intellectual. His 1667 epic poem '' Paradise Lost'', written in blank verse and including over ten chapters, was written in a time of immense religious flux and political ...
refers to the Castlehaven scandal. This work describes the triumph of chastity over debauchery; it was written by Milton in 1634 for the
Earl of Bridgewater Earl of Bridgewater was a title that has been created twice in the Peerage of England, once for the Daubeny family (1538) and once for the Egerton family (1617). From 1720 to 1803, the Earls of Bridgewater also held the title of Duke of Bridgewa ...
, who was married to Anne Stanley's sister Frances. The trial of Lord Castlehaven remained notorious well into the 18th century. In the 17th century it was often presented in an anti-Catholic or anti-monarchist context. In the 18th century it was cited as an example of immoral behavior by the
aristocracy Aristocracy (, ) is a form of government that places strength in the hands of a small, privileged ruling class, the aristocracy (class), aristocrats. The term derives from the el, αριστοκρατία (), meaning 'rule of the best'. At t ...
. After about 1750 the case was largely forgotten, though it remained known by legal historians. In the 21st century, the Castlehaven affair was rediscovered by LGTB- and
gender studies Gender studies is an interdisciplinary academic field devoted to analysing gender identity and gendered representation. Gender studies originated in the field of women's studies, concerning women, feminism, gender, and politics. The field ...
scholars. It is seen by them as an important landmark in the development of the relationship between the state and sexuality, and a step in the recognition of the position of women under the law.


Children

Anne Stanley and her first husband Gray Brydges, 5th Baron Chandos of Sudeley, had the following children * Elizabeth Brydges, deceased March 1678/79 * Robert Brydges, deceased on 20 June 1611 * Anne Brydges, believed to have been born in 1612 and married to gentleman described as Mr. Torteson. Few facts about her life but many older genealogies show her. * George Brydges, 6th Baron Chandos of Sudeley, 9 August 1620 – February 1654/55 * William Brydges, 7th Baron Chandos of Sudeley, circa 1620 - August 1676.


References

{{DEFAULTSORT:Castlehaven, Countess of, Stanley, Lady Anne 1580 births 1647 deaths Heirs to the English throne Daughters of British earls Anne 16th-century English women Chandos Irish countesses 16th-century English nobility 17th-century English women 17th-century English nobility