[2] Sometime before 1608[1] (records of the marriage are lacking), Lord Audley married Elizabeth Barnham, a sister-in-law of the philosopher and scientist Francis Bacon, and with her, he had six children.

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.

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")[5] and "News writers throughout England and as far away as Massachusetts Bay speculated about the outcome.

[10]That signed Confession of Faith was then read aloud on the scaffold by a young gentleman:[11] In the name of God Amen I Mervyn Earle of Castlehaven, being in my full strength and memorie (thanks bee given unto my maker) having been branded and openlie accused for change, alteration and doubtfulness of my faith and religion, if thoughtfull like a Christian man to give satisfacction upon what grounds I stand for my belieifes and to express it under my hand for the satisfaccion of all charitable people & Christian men.

I doe rely wholie upon the merit death and passion of oue blessed Saviour Christ Jesus and upon his mediation for the remission of my Sinnes.

I doe believe and use wth most humble reverence Our Lordes praire, the Creed of the Apostles, and the ten Comandemts as they are sett downe & allowed by the Church of England.

Castelhaven[12]After that, Castlehaven acknowledged the King’s mercy; said a short private prayer; laid his head on the block and was beheaded with a single stroke.

[15] The historian Cynthia B. Herrup,[16] writes that Anne "always insisted upon her innocence, and in theory, her husband’s condemnation should have vindicated her" but that "her life after 1631 was a very partial exoneration" and "The most popular verse circulating after the trial portrayed Castlehaven as a cuckold rather than the Countess as a victim."

In The Complete Peerage, Cokayne adds that the death of Castlehaven was certainly brought about by his wife's manipulations and that her undoubted adultery with one Ampthill and with Henry Skipwith renders her motives suspicious.