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A94942 A true and perfect narrative of the several proceedings in the case concerning the Lord Craven, before the Commissioners for Sequestrations and Compositions sitting at Haberdashers-Hall, the Council of State, the Parliament and upon the indictment of perjury, preferred and found against Major Richard Faulconer, the single and material witness against the Lord Craven, concerning the petition to the King of Scots, vvhich as the said Faulconer pretended, was promoted at Breda by the Lord Craven, and wherein, as the said Faulconer deposed, the Parliament of England was stiled by the name of barbarous and inhumane rebels. Shortly after which oath the Lord Cravens estate was voted by Parliament to be confiscate. Falconer, Richard, Major.; Craven, William Craven, Earl of, 1606-1697.; England and Wales. Parliament. 1653 (1653) Wing T2536; Thomason E1071_1; ESTC R208200 44,802 51

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managing of all and every the estates of Delinquents and Popish Recusants that the fifteenth day of April in the said year of our Lord one thousand six hundred and fifty were or then after should be under Sequestration did upon the Holy Evangelists corruptly wilfully falsly and maliciously of his own proper Act consent and Agreement swear and upon his Corporal Oath before the Commissioners aforesaid on the said tenth day of February in the said year one thousand six hundred and fifty then having power to Administer the said Oath then and there depose concerning the said Lord Craven in these English words following that is to say That about a fortnight before the conclusion of the Treaty at Breda the Lord Craven the Queen of Bohemia and her two Daughters came to Breda to the Scots King Charles and went not thence till the King went to Honsleidike a house of the Prince of Oranges That during that time this Informant saw the Lord Craven divers times in presence with the said King and every day with the said King at the Court there he being there with the Queen of Bohemia and her two Daughters to take their leave as they said of the King of Scots before he went to Scotland That several Officers about thirty in number made a Petition to the said King to entertain them to fight for him against the Common-wealth of England by the name of Barbarous and Inhumane Rebels either in England or Scotland for the recovering of his just Rights and re-instating him in his Throne and deputed this Informant and Colonel Drury to present the said Petition who indeed drew the same That when this Informant and some other Officers came to the Court at Breda intending to present the said Petition immediately to the Kings hand but finding the Lord Craven very neer to him likewise the Marquess of Newcastle who presented his brother Sir Charles Cavendish to kiss the said Kings hand the evening before the said Kings departure who this Informant saw kiss the Kings hand accordingly the Lord Wilmot the Earl of Cleveland the Queen of Bohemia the Lord Gerrard c. and a great bustle of business This Informant with Colonel Drury applied themselves to the Lord Craven intreating him to present the Petition to the Queen of Bohemia to present it to the King of Scots the said Lord Craven taking the Petition and reading the same Chearfully said to Colonel Drury and this Informant There is the Queen of Bohemia deliver it to her and I will speak for you Upon which they applied themselves to the said Queen and she presented the Petition After which the King of Scots the Lord Craven the Marquess of Newcastle the Queen of Bohemia with some other Lords went into a withdrawing room where this Informant and company could not enter But the Lord Craven came forth of the withdrawing Chamber and told this Informant and company That they should receive an answer from the Queen of Bohemia to their Petition and that he had spoken to the Queen of Bohemia in their behalf who afterwards came and told this Informant and company that she had delivered their Petition and that the King had taken order for it The next morning at three of the Clock the King departed but this Informant and company had their Quarters satisfied by the Princess of Orange according to the said Kings order upon their Petition and thereby to inable them to follow the said King in the prosecution of those Wars against the Parliament of England which was the effect of their aforesaid Petition That this Informant saw the Lord Craven very often and familiar with the said King and enter with the said King into the withdrawing Chamber and staid there the last night the said King was at Breda very late Which said Oath was the said tenth day of February in the year of our Lord one thousand six hundred and fifty at the Parish and Ward aforesaid reduced in writing and taken before the said Commissioners then having sufficient and lawfull power to Administer the said Oath and to take the testimony and depositions of witnesses upon their Oaths in such cases Whereas in truth neither did the several Officers or any Officer make a Petition to the said King to entertain him or them to fight for him against the Commonwealth of England Nor did several Officers or any Officer make a Petition to the said King to entertain him or them to fight for him against the Commonwealth of England by the name of Barbarous and Inhumane Rebels either in England or Scotland Nor did several Officers or any Officer make a Petition to the said King to entertain him or them to fight for him against the Commonwealth of England by the name of Barbarous and Inhumane Rebels either in England or Scotland for the recovering of his just rights or reinstateing him in his Throne Nor deputed he the said Richard Faulconer and Colonel Drury to present the said Petition in the said Oath mentioned Nor did the said Richard Faulconer with the said Colonel Drury apply themselves to the said Lord Craven intreating him to present the said Petition to the said Queen of Bohemia to present it to the said King of Scots Nor did the said Richard Faulconer with the said Colonel Drury intreat him the said Lord Craven to present the said Petition to the said Queen of Bohemia to present it to the said King of Scots Nor did the said Lord Craven take the said Petition or read the same Nor said unto the said Richard Faulconer and Colonel Drury there is the Queen of Bohemia deliver it to her and I will speak for you Nor did the said Lord Craven tell the said Rich. Faulconer and company in the said deposition mentioned that they should receive an answer to their said Petiton or that he had spoken to the Queen of Bohemia in their behalf As the said Richard Faulconer in and by the said deposition hath deposed And so the Jurors aforesaid upon their Oath aforesaid do say That the said Richard Faulconer in manner and form aforesaid Corruptly Wilfully Falsely and Maliciously of his own proper Act Consent and Agreement did commit wilfull false and corrupt perjury To the great dishonor of Almighty God and to the great damage loss and infamy of the said William Lord Craven and in contempt of the Laws of this Commonwealth To the evil Example of all others in the like case offending And against the publique peace c. Sadler This Indictment upon the Testimony then produced upon Oath was accordingly found by the Grand Jury The same day that this Indictment was found Colonel Drury Colonel Drury arbitrarily committed by Captain Bishop who had given evidence to the Grand Jury repaired to White-Hall to Captain Bishop having been formerly examined by him concerning the Lord Craven and told him that as he was that morning going down Holborn-Hill he was served with a Subpaena to appear that day at Guild-Hall
Record being accordingly removed a Capias in order to an Out-lawry was taken out against the said Faulconer who for several Sessions before had refused to appear At last the said Faulconer was taken upon the said Capias and carried to Newgate where he lay for some time and would not appear nor plead to the Indictment Whereupon the prosecutors for the Commonwealth were inforced to move the Court for a Habeas Corpus to bring him to the Bar that he might be enjoyned to plead and accordingly the Court required him to plead Whereupon he pleaded Not guilty to the Indictment Hillary Term. 1652. In Hillary Term following a day was appointed for Trial upon the Indictment at Guild-Hall London before the Lord chief Justice Rolls where the said Captain Bishop and Faulconer appeared with their Counsel and Witnesses And Mr. Rushworth also appeared in behalf of the Commonwealth with Counsel and Witnesses and had given in the Record to have the Jury called but it so fell out that a person of integrity then in Court who had gotten certain knowledge when and where the said Oath was taken gave Mr. Rushworth notice that the Oath given to Faulconer was administred unto him at White-Hall in Middlesex and not at Haberdashers-Hall in London and therefore the place being mislaid in the Indictment a London Jury could not find a fact done in Middlesex Whereupon Mr. Rushworth immediately withdrew the Record for that time and gave a stop to the Triall No time was mispent to recover this mistake For within two dayes a new Indictment was drawn and preferred to the Grand Jury in Middlesex Sir Henry Blunt being Foreman where the Indictment was found and was as followeth Hillary Term 1652. Before this time that is to say upon Tuesday next after the morrow Middlesex of the Purification of the Virgin Mary this same Term before the Keepers of the Liberty of England by authority of Parliament in the Upper-Bench at Westminster by the Oaths of twelve honest and lawful men it is presented That Richard Faulconer late of Westbury in the County of Southampton Gent. Not having the fear of God before his eyes but moved and seduced by the instigation of the Devil and minding and endevouring to bring the Right Honorable William Lord Craven Baron of Hampsteed Marshall in the County of Berks in danger of the loss of his life and of the Sequestration confiscation and forfeiture of all his Goods and Chattels Lands and Tenements within this Commonwealth of England the tenth day of February In the year of our Lord God one thousand six hundred and fifty at White-Hall in the Parish of Martins in the Fields in the County of Middlesex before Samuel Moyer Esquire James Russel Esquire Edward Winslow Esquire Josias Barners Esquire and Arthur Squib Esquire then being Commissioners for compounding with Delinquents and for managing of all and every the estates of Delinquents and Popish Recusants that the fifteenth day of April in the said year of our Lord God one thousand six hundred and fifty were or then after should be under Sequestration did upon the Holy Evangelists corruptly wilfully falsly and maliciously of his own proper Act consent and Agreement swear and upon his Corporal Oath before the Commissioners aforesaid on the said tenth day of February in the said year one thousand six hundred and fifty then having sufficient and lawfull power to Administer the said Oath and to take the testimony and depositions of witnesses upon their Oaths in such cases then and there deposed That several Officers about thirty in number made a Petition to the Scots King Charles to entertain them to sight for him against the Common-wealth of England by the name of Barbarous and Inhumane Rebels either in England or Scotland for the recovering of his just Rights and re-instating him in his Throne And did also then and there corruptly willfully falsly and maliciously before the said Commissioners swear that the said Officers deputed him the said Richard Faulconer and Colonel Drury to present the said Petition who as the said Richard Faulconer then and there corruptly willfully falsly and maliciously before the said Commissioners did swear indeed drew the same And did also then and there corruptly willfully falsly and maliciously before the said Commissioners swear that he the said Richard Faulconer with Colonel Drury applyed themselves to the Lord Craven meaning the aforesaid William Lord Craven intreating him to present the said Petition to the Queen of Bohemia to present it to the King of Scots And did also then and there corruptly wilfully falsly and maliciously before the said Commissioners swear that the said Lord Craven taking the said Petition and reading the same cheerfully said unto Colonel Drury and him the said Richard Faulconer There Is the Queen of Bohemia deliver it to her and I will speak for you And that the said Queen of Bohemia did present the said Petition and did also then and there corruptly wilfully falsely and maliciously before the the said Commissioners swear that the said Lord Craven after told him the said Richard Faulconer and company that they should receive an answer from the Queen of Bohemia to their Petition and that he meaning the said William Lord Craven had spoken to the Queen of Bohemia in their behalf Whereas in truth neither did several Officers or any Officer make a Petition to the said King to entertain him or them to fight for him against the Common-wealth of England Nor did several Officers or any Officer make a Petition to the said King to entertain him or them to fight for him against the Commonwealth of England by the name of Barbarous and Inhumane Rebels either in England or Scotland Nor did several Officers or any Officer make a Petition to the said King to entertain him or them to fight for him against the Commonwealth of England by the name of Barbarous and Inhumane Rebels either in England or Scotland for the recovering of his just rights or reinstating him in his Throne And whereas in truth the said Richard Faulconer and Colonel Drury were not deputed by the said Officers to present the said Petition in the said Oath mentioned and whereas in truth he the said Richard Faulconer with Colonel Drury did not apply themselves to the said Lord Craven intreating him to present the said Petition to the Queen of Bohemia to present it to the said King of Scots Nor did he the said Richard Faulconer with the said Colonel Drury intreat him the said Lord Craven to present the said Petition to the said Queen of Bohemia to present it to the said King of Scots And whereas in truth the said Lord Craven did not take the said Petition nor read the same Nor say unto the said Colonel Drury and him the said Richard Faulconer there is the Queen of Bohemia deliver it to her and I will speak for you And whereas in truth the said Lord Craven did not tell him the said Richard Faulconer and
company in the said deposition mentioned that they should receive an answer from the said Queen of Bohemia to the said Petition nor that he the said Lord Craven had spoken to the Queen of Bohemia in their behalf As the said Richard Faucloner in and by the said deposition hath deposed And so the Jurors aforesaid upon their Oaths aforesaid do say That the said Richard Faulconer in manner and form aforesaid Corruptly Wilfully Falsly and Maliciously of his own proper Act Consent and Agreement did commit wilfull false and corrupt perjury To the great dishonor of Almighty God and to the great dammage loss and infamy of the said William Lord Craven and in contempt of the Laws of this Commonwealth To the evil Example of all others in the like case offending And against the publique peace c. The reason wherefore this Indictment did not recite the Oath in haec verbae as in the former Indictment but assigned the Perjury in the material parts of the Oath was by reason it came lately to knowledge that the original Oath could not be found and therefore the Oath was to be proved by the Entries in the book of Parliament and at Haberdashers-Hall and by the Testimony of the Persons who administred the Oath The next day after the Indictment was found the Prosecutors for the Lord Craven moved the Court for a Habeas Corpus to bring Faulconer to the Bar to plead to the Indictment who being brought into Court desired time to plead till the next Term. Whereupon the Court made this order That the said Faulconer having now in Court appeared unto the Indictment should have time to plead unto the same untill the beginning of the next Term so that the issue thereupon may be tried at the Bar in open Court the same Term. Term Pasch 1652. Faulconer having all this vacation neglected to appear or plead to the Indictment the Prosecutors for the Lord Craven were enforced again to move for another Habeas Corpus to bring Faulconer to the Bar to appear or plead to the Indictment who appearing desired longer time to attend his Counsel which the Court granted accordingly and the ordinary Rules of Court were given unto him for the peremptory dayes of pleading or Judgement to be entred against him and the very last day when the last Rule was out and not before he pleaded Not guilty And the Court ordered That the issue upon the Indictment of Perjury against the Defendant be tryed at the Bar upon Friday in the morrow of the Ascension of our Lord and that the Sheriffe of Middlesex do attend Andrew Broughton Esq with the Book of Freeholders forthwith so that an indifferent Jury may be returned between the said Keepers and the said Defendant to try the issue aforesaid by consent of the parties on both sides Mr. Broughton accordingly appointed the Sheriffe to attend him the next day in the afternoon with the Book of Freeholders who accordingly named the Jury and notice was given by the Sheriffe requiring them to appear at the day of Tryal The Trial of Richard Faulconer Friday May 20. 1653. THe Jury appearing according to Summons and Faulconer being brought in Custody the Court proceeded to Triall and ordered the Indictment to be read which being afterwards opened by Mr. Boynton the Evidence was managed by Mr. Maynard Mr. Hales Mr. Twisden Mr. Wilde Mr. Philips Mr. Baldwin and Mr. Drury who were of Counsel for the Commonwealth against the said Faulconer Before the Counsel for the Commonwealth proceeded to produce any Witnesses they offered unto the Court and the Jury something in general concerning the Indictment That the Indictment was for the crime of Perjury willfully and corruptly committed That Faulconer makes an Oath that there was a Petition delivered in which there was a very sharp reflexion as he swears upon the Parliament by the name of Barbarous and Inhumane Rebels he swears he was deputed to deliver it being drawn by himself and Drury subscribed by 30 Officers that in order to the delivery thereof they did require the assistance of the Lord Craven that he promised to speak for them and brought them an answer but they hoped to prove unto the Jury that this Oath which Faulconer did take was very false that it was by design a design for money that the consequence of it was very notorious the ruine of that Gentleman of his Estate Fame and Fortune That Witnesses will be produced to prove what in truth the Petition was there was a Petition delivered but not a Petition to this effect at all and Faulconer knew the contrary we shall produce what it was and that under his own hand whereby it will appear that there was no such matter in it as he hath deposed the Witnesses themselves will best speak the Particulars For the opening of some things concerning this Oath of Faulconer it is to be observed he took this Oath before the Commissioners of Haberdashers-Hall at White-Hal and was there reduced into Writing and a Transcript was made of the Original which Transcript was sent to the Council of State and they ordered the same to be reported to the Parliament and being reported there is entred in the Journal Book and there remains a Record in Parliament The first thing therefore insisted upon by the Counsel for the Commonwealth was the proving of a true Copy of Faulconers Proofs of Faulconers deposition by a Copy thereof temaining at Haberdashers-Hall deposition in respect the Original was lost or rather imbezeled by Faulconer to prove the same A Copy thereof was produced in Court which agreed verbatim with that deposition of his which was filed upon Record at Haberdashers-Hall the Proper Court where it ought to remain and though that upon the File was but a Copy yet it was filed as evidence of that Deposition he was sworn unto by them but this was Faulconers deposition transmitted to the Council of State opposed by the Counsel for Faulconer as not sufficient proof and thereupon a Copy of an order of the Council of State of March 6. 1650. was produced unto the Court whereby it did appear that the Depositions against the Lord Craven had been transmitted to the Council of State by the Commissioners at Haberdashers-Hall Mr. Atorney General produced as a witness and it appeared further by the said Order that Mr. Attorney General was appointed by the Council of State to report these Depositions to the Parliament so transmitted to that Council by the Commissioners at Haberdashers-Hall and the Attorney General being sworn in Court did declare that he reported no other Depositions to the Parliament then what he received from the Council Faulconers deposition reported to the Parliament by Mr. Atorney General of State and that the Depositions produced to him in Court whereof the said Faulconers was one was endorsed with the hand-writing of the Lord Bradshaw then Lord President of the Council of State and that the Votes of confiscation
1651. The question being propounded that leave be given to take the Vote touching the Lord Craven into consideration again it passed in the negative The Votes Summons four months after confiscation Resolved by the Parliament that a Summons do issue forth for William Lord Craven requiring him to appear parsonally at such time as the Parliament shall appoint to answer such matters as shall be objected against him on the behalf of the Commonwealth of England Resolved that the place of his appearance be at the Parliament of the Commonwealth of England Resolved that the day of his appearance be on the 3. of Septemb. 1651. A draught of the Summons to be signed by Mr. Speaker was this day read and agreed unto in these words By Authority of the Parliament of the Commonwealth of England These are to command and require William Lord Craven to make his personal appearance before the Parliament of the Commonwealth of England upon the third day of September 1651. there to make answer to all such matters as shall be objected against him on the behalf of the Commonwealth of England whereof he is not to fail at his peril dated at Westminster this third day of July 1651. Ordered by the Parliament that the Sergeant at Arms attending the Parliament do proclaim this Summons in Westminster-Hall Ordered that this Summons be likewise printed and that the Sergeant at Arms do cause the same to be set up at the Old Exchange London and other places Convenient for the publication thereof Hen. Scobel Cler. Parliam The said Vote of Summons being past 4 months after confiscation wherof the Lord Craven had no notice yet having got information of some former proceedings in the Parliament against him and his estate when he was far remote in Germany did thereupon send a Petition by the forraign Post under the Cover of the Dutch Packet directed to the Parliament which was delivered the latter end of August 1651. by the Dutch Agent then Resident at London to Mr. Speaker and by Mr. Speaker faithfully presented to the Parliament before the third of September 1651. but the Parliament thought not fit to permit the same to be Read by reason there was none present who could testifie they did see the Lord Craven subscribe the same and give directions for the delivery thereof which Petition remains in the hands of Mr. Scobel Clerk of the Parliament and was as followeth To the Parliament of the Commonwealth of England The Humble Petition of William Lord Craven Humbly sheweth THat the Petitioner notwithstanding his Care and Endeavour to The first Petition presented by the Lord Craven not permitted to be read avoid giving any Cause of offence to the Parliament hath nevertheless been so unfortunate as to meet with those who by false and Calumnious Informations have practised to beget an ill opinion in this honourable Assembly of the Petitioner and thereby as much in them lieth to work his absolute ruine with the falsity of their suggestions The Petitioner doubteth not to make manifestly appear by divers Witnesses and circumstances conducing to the clearing of the truth but in regard the present conjuncture of affairs here doth not permit him to come in Person he doth most humbly beseech the Parliament to be so favorable unto him as to give way he may by his friends and Counsel be permitted to answer and set forth the truth and circumstances not doubting but by this means he shall be able to clear his innocency and give satisfaction to this Honourable House And your Petitioner shall pray c. William Craven The Lord Craven hastens from Germany into Holland and sends Octob. 1651. A second Petition miscarried à duplicate of his former Petition by the hands of Mr. Peter Wilkin a Gentleman formerly of the Earl of Essex and Lord Fairfax's Life-guard a person of very much merit and faithfulness to the Parliament who immediatly after he had his dispatch fel sick beyond Sea and dyed there the Lord Craven being much troubled at his disaster frames a new Petition and sends the same over into England in October 1651. Subscribed with his own hand which Sir Gilb. Pickering Mr. James Chaloner Colonel Martin Petition with the Duplicates thereof so subscribed as aforesaid remained in the hands of several Members of Parliament each of whom were desired to take the first opportunity that was offered to any of them to present the same Who from Octob. 1651. untill 22 of June 1652. though they often endevoured it and were daily attended therefore by Mr. Rushworth for above seven months together could not prevail to get the Petition read in Parliament And then the House falling into a debate of an additional Act for sale of Delinquents estates And the Lord Cravens name being propounded to be inserted therein gave a seasonable opportunity to have the Lord Cravens Petition read which was in these words To the Supream Authority the Parliament of the Common-wealth of England The humble Petition of William Lord Craven Humbly sheweth THat upon the Information of Major Richard Faulconer who A second Petition of the Lord Cravens acknowledgeth That himself and another drew the Petition to the King of Scots against the Commonwealth of England and that the Petitioner promoted the delivery thereof and upon the information of Captain Thomas Kitchingman and one Hugh Reyly that the Petitioner was at Breda with the said King and upon a Vote of 24 of August 1649. whereby it was declared that those who had been under pay of the Parliament of England in the service of Ireland and revolted and betrayed their trust and all others who did adhere to the Son of the Late King or any of his Forces in Ireland should be adjudged Traitors and their Estates to be confiscate and their persons to be preceeded against as Traitors Thereupon the 6 of March 1650. it was voted in Parliament that your Petitioner is an Offender within the Declaration aforesaid and that his Estate be confiscate and that the Commissioners for compounding be required to seize and Sequester the same which they have done accordingly and have ever since received the Rents and Profits of all his Lands and have sold his Cattle and Goods The Petitioner saith he is not guilty of the matter charged upon him and humbly desireth it may be taken into consideration 1. That he went with Consent of Parliament beyond the Seas before the War broke forth in England and hath been there ever since attending his Charge 2. That he went not to the King of Scots into Holland but that the King came to Breda whilst he was there upon his imployment where his Residence by Command then was 3. That the material information is upon a single Testimony of one who confesseth himself the principal contriver of that Treason whereof he accuseth the Petitioner to be an abettor and besides is mainly disproved and contradicted in divers parts of his Testimony and proves not any word
or deed of the Petitioner not against the Parliament 4. That the Petitioner during all the Time of these late wars and differences in England did never engage or in the least manner appear against the Parliament of England 5. That the Persons that accuse him were utter strangers to him and the promotion of their Petition no way concerned him He humbly therefore offers to your Honours consideration how unlikely it should be that your Petitioner should hazard himself and his Estate in England which was known to be considerable in so unnecessary and unprofitable a business and so much contrary to all his former Deportments Wherefore the Petitioner humbly begs the favour of this Honourable Assembly that his Case may be considered and that this Honourable Assembly would be pleased to put his business into such a way as that he may be heard by his Counsel not doubting but thereby this honourable Assembly shall Receive so good an account of your Petitioners candid Deportment as may fully satisfie your Honours And your Petitioner shall ever pray At the same time a Member of the house delivered a Petition in Mr. James Chaloner the name of Sir William Craven and Sir Edmund Sawyer giving notice of some new Information to disprove Faulconers testimony which Petition the said Member moved that it might be Read and delivered it to the Clerk accordingly to be Read immediately after the reading of the Lord Cravens Petition but the Parliament thought not fit to permit the reading thereof which Petition remains with Mr. Scobel Clerk of the Parliament and was in these words viz. To the Supreme Authority of this Nation the Parliament of the Common-wealth of England The humble Petition of Sir William Craven and Sir Edmund Sawyer Knights on the behalf of William Lord Craven Humbly sheweth THat they having been a long time trusted in the affairs of the said A second Petition presented on behalf of the Lord Craven not permitted to be Read William Lord Craven have for these many Moneths attended upon the Parliament to get a Petition of the said William Lord Cravens presented in which his Humble Desire is that he may be heard That of late it hath come to their knowledge that the information given in by Faulconer the single Witness and against the Lord Craven in the material parts of his Accusation is altogether untrue and that it will be so made appear by several Witnesses then upon the place with the said Faulconer and now in Town and particularly by Col. Drury whom the said Faulconer mentioned in his accusation to be deputed with him to deliver the said Petition who as your Petitioners are informed can produce the first original draught of the said Petition of the said Faulconers own hand writing whereby it will appear as your Petitiners are likewise informed that there was not the least mention of the Parliament or Commonweath of England nor any such expressions as are mentioned in the said Faulconers information which your Petitioners thought themselves bound in conscience to acquaint the Parliament with that their Justice might the more clearly appear in a through examination of this business in such way as they in their wisdom shall think fitting And your Petitioners shall pray c. Afterwards the question being put upon Reading the aforesaid Petition of the Lord Craven whether he should be put into the Bill of sale to have his Estate sold it was carried only by two voices that his Estate should be sold there being 33. for the sale thereof and 31. against it The Votes which passed that day are as followeth Tuesday June 22. 1652. The house this day resumed the debate upon the Amendments of the The house devided the third time about the Lord Cravens estate additional Act for sale of Estates forfeited to the Commonwealth for Treason The question being propounded That William Lord Craven be put into this Bill for his Lands to be sold and the question being put that this question be now put it passed with the affirmative And the main question being put that William Lord Craven be put into this Bill for his Lands to be sold it was Resolved by the Parliament that William Lord Craven be put into the Bill for his Lands to be sold Hen. Scobel Cler. Parliam The Parliament not thinking fit upon the said Petition of Sir William Cravens and Sir Edmund Sawyers to permit the business concerning the Lord Craven to be put into a way of Examination and the Bill for sale being likely to pass within few dayes there was a necessity put upon the Prosecutors on the behalf of the Lord Craven to resort to the good Laws of England for remedy And thereupon and not before an Indictment was drawn in order to the conviction of the said Faulconer of Perjury which Indictment was the 12. day of July 1652. delivered to the Grand Jury at Guild-Hall London The Copy of which Indictment was as An Indictment of Perjury against Faulconer followeth Be it remembred that at the generall Quarter-Sessions of the Lond. ss publike peace holden for the City of London at the Guildhall of the same City on Munday the twelfth day of July In the year of our Lord one thousand six hundred fifty and two before John Kendrick Mayor of the City of London Thomas Atkin Thomas Andrews and Thomas Foot Aldermen of the same City and others their fellow Justices Assigned to keep the publike peace in the City aforesaid And also to hear and determine divers Felonies Trespasses and other misdemeanors committed within the same City by the Oaths of Robert Dawks John Harvy William Pitcher Pelham Moore George Boddington Thomas Peirson Joseph Ruthorn Samuel Coleman Richard Payn John Drafgate Robert Trollaffe Richard Bartholmew John Robinson Robert Alkington and Thomas Wilmer good and lawfull men of the City of London then and there sworn and charged to Inquire for the Keepers of the Liberty of England by the Authority of Parliament and the body of the City aforesaid it is presented that the Bill following is true The Jurors for the Keepers of the Liberty of England by Authority Lond. ss of Parliament upon their Oath do present That Richard Faulconer of Westbury in the County of Southampton Gent. Not having the fear of God before his eyes but moved and seduced by the instigation of the Devil and minding and endeavouring to bring the Right Honorable William Lord Craven Baron of Hampsteed Marshall in the County of Berks in danger of the loss of his life and of the Sequestration confiscation forfeiture of all his Lands Goods and Chattels within this Commonwealth of England the tenth day of February In the year of our Lord God one thousand six hundred and fifty at the Parish of Mary Stainings in the Ward of Cripplegate London before Samuel Moyer Esq James Russel Esq Edward Winslow Esq Josias Barners Esq and Arthur Squib Esq then being Commissioners for compounding with Delinquents and for
permit the said Petition so presented as aforesaid to be read the said Faulconer is since indicted of Perjury and the Grand Jury have accordingly found the same That a Warrant was obtained to apprehend the said Faulconer thereby intending to have brought him to his speedy Trial all Perjuries being excepted out of the Act of Oblivion but one of the material Witnesses after he gave evidence to the Grand Jury was the same day commited at White-Hall to the custody of one Midldton a Messenger of the Council of State and by him kept in strict custody till the Sessions was ended which was the only obstruction why in a Legal course the Law was not prosecuted at that time against the said Faulconer Your Petitioners take the boldness humbly further to inform the Parliament that it appears by search in the books kept at New Prison and Newgate That the said Richard Faulconer was committed first to New Prison and then to Newgate in April Sessions 1651. upon suspition of Felony where he should have been tried for the fact but that as your Petitioners are informed and hope to prove there was a stop made to the said proceedings meerly upon an Affidavit That he was in the Parliaments service besides it is well known that the said Faulconer was altogether a Stranger to the Lord Craven and hath since his coming over lately confessed to Testimony of good Credit that the Lord Cravens deportment at Breda was altogether inoffensive as to the Commonwealth of England and that he understood nothing of the said business more then that a consideration was desired to be had of the present wants and great necessities of the Petitioners All which your Petitioners humbly submit to the consideration of the Parliament beseeching you to omit the Lord Craven out of the Bill of Sale till this business be fully examined in Parliament or by a Committee or such other way as you in your wisdom shall think fit and until that other Examinations taken by some deputed by the Council of State which as is reported tend to clear the Lord Craven be reported to the Parliament as well as those Examinations have been which seem to make against the Lord Craven And your Petitioners shall pray c. After the reading of the said Petition there was very great debate about the same but none of the desires in the Petition were thought fit to be granted and thereupon it was put to the question Whether the Lord Craven should stand in this Bill to have his Land sold and it was carried in the affirmative by three voices there being 23 in the affirmative and 20 in the negative the Votes which passed that day were in these words following viz. Tuesday the third of August 1652. A Bill for sale of several Lands and Estates forfeited to the Commonwealth for Treason appointed to be sold for the use of the Navie was this day read the third time The humble Petition of Sir William Craven and Sir Edmund Sawyer Knights who have been Commissioners long intrusted by the Lord Craven in the management of his Estate was this day read An intercepted Letter directed A Monsieur Monsieur Carleton a Ezglisse de Chapelle Bruzelle was this day read The question being put that William Lord Craven do stand in the Bill it passed in the affirmative Resolved by the Parliament that William Lord Craven do stand in the Bill Hen. Scobel Cler. Parliam After the passing of these Votes several Members of the House were acquainted that a great part of the Lord Cravens Estate was entailed and especially Comb-Abby a Mannor of the Lord Cravens worth 2500 li. per annum entailed by John Lord Craven upon Sir William Craven and the heirs male of his Body the very next in remainder at this day after the now Lord Craven which entail was had in consideration at the marriage of Sir William Craven with Elizabeth daughter to Ferdinando Lord Fairfax the Lord Craven then engaging not to destroy the same Thus much being intimated to several Members of the House it was answered by some of them that special notice was taken of the entayling of this Estate and that a Clause was added to this Act which was not in the former Bill for sale which would resolve the question A Copy of which Clause being procured and agreeing with that which was afterwards in the printed Act was in these words And be it further Enacted by this present Parliament and by Authority thereof That all Reversions and Remainders expectant upon any Estate tail upon any convetance made by the said Traitor or Traitors or anyother person or persons by or under whom they or any of them Claim of any the Manors Lands Tenements or Hereditaments of any the Traitor or Traitors in this Ast or in the aforesaid Act for Sale of several Lands and Estates forfeited to the Commonweath for Treason named not actually vested in the possession of such Tenant in Tail by the death of such Traitor or Traitors before the Five and twentieth day of March One thousand six hundred fifty two which by Fine and Recovery might be Docqued by any of the said Traitor or Traitors are and shall be to all Intents and Purposes Forfeited for their said Treasons And as well the said Traitors and their Heirs and Assigns and all other persons and their heirs in Reversion or Remainder upon any such Estate shall be for ever barred as if such Traitor or Traitors had actually levied a Fine and suffered a Recovery for doing thereof Any Allowance Law Statute or Vsage to the contrary in any wise notwithstanding Wednesday August the 4. 1652. The House again resuming the debate of the ingrossed Act for Sale A Proviso was tendered by Mr. Strickland on the behalf of Sir William Craven who was privy to the agreement of the said marriage of Sir William Craven viz. Provided that this Act nor any thing therein contained shall extend A Proviso tendered on the behalf of Sir William Craven rejected to make void any remainder use or reversion setled upon Sir William Craven Knight out of the Estate of William Lord Craven or John Lord Craven his brother whose Estate is since descended to William Lord Craven at or before this marriage with Elizabeth daughter of Ferdinando Lord Fairfax deceased any thing in this Act contained to the contrary thereof in any wise notwithstanding But this Proviso after the reading thereof and some debate thereupon was rejected And the Bill for Sale of the Lord Cravens Estate immediatly thereupon passed as a Law The Lord Craven shortly after having notice that the Bill was The Lord Craven resolvs of a further address to the Parliament past for Sale of his Estate and that the Surveyors were sent down into the Country to Survey the same in order to a present Sale and being desirous to preserve the same though confiscated yet from being cantanized into several hands was desirous again humbly to Petition the Parliament and