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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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Informations before mentioned viz. Faulconers Reylyes and Kitchingmans all which were destinctly read by the Clerk and after some debate these Votes following did pass against the Lord Craven unheard and not having any other Charge against him Die Jovis 6 Martii 1650. REsolved by the Parliament that the Lord Craven is an offender The Votes of Confiscation against the Commonwealth of England within the Declaration of the 24. Aug. 1649. Entituled a Declaration of the Commons assembled in Parliament declaring all Persons who have served the Parliament of England in Ireland and have betrayed their trust or have or shall adhere to or aid and assist Charles Stewart Son to the late King to be Traytors and Rebels Resolved by the Parliament that the Estate of the Lord Craven be Confiscated accordingly Resolved that the Commissioners for Compounding be impowred and required to Seize and Sequester all the Estate Real and Personal of the said Lord Craven and to receive the Rents Issues and Profits thereof to the use of the Commonwealth Resolved that the Commissioners for Compounding be impowred and required to seize and Sequester into their Possession the real and personal Estate of all such Persons as shall appear to them to be offenders within the Declaration of the 24th August 1649. aforesaid and to receive and take the Rents Issues and Profits thereof to the use of the Commonwealth Hen. Scobel Cler. Parliam Which Declaratory Vote of the House of Commons of the 24 of August 1649. followeth in these words viz. Die Veneris 24 August 1649. Master Robinson reports from the Council of State a Letter from Mr. Luke Robinsons Report Sir Charles Coot from London-Derry of the 15 of August 1649. and another of the 14 instant with Articles of Agreement between General Owen Oneal and Col. Richard Coot in the behalf of Sir Charles Coot Lord President of Conaught Dat. 22 May 1649. which were all this day read REsolved upon the question by the Commons assembled in Parliament That this House doth declare that all persons whether English or Scots who have been under the pay of the Parliament of England in the service of Ireland and have revolted and betrayed their Trust there and all other persons who have or shall adhere to or assist Charles Stewart Son of the late King or any the forces in Ireland against the Parliament of England are and be adjudged to be Traitors and Rebels to the Commonwealth of England and all their Estates shall be confiscated and their persons proceeded against as Traytors and Rebels and that all such Officers as have so betrayed their Trust be proceeded against by a Court-Marshall there Ordered by the Commons assembled in Parliament that this Declaration be forthwith Printed and Published and that it be referred to the Council of State to communicate the same to the Lord Lieutenant of Ireland and such others there as they shall think fit that the same may be put in execution Hen. Scobel Cler. Parliam Sir William Craven and Master Rushworth repaired again to the A second demand of the charge against the Lord Craven Commissioners at Haberdashers-Hall and demanded a Copy of the Informations against the Lord Craven to the end that he might be heard before he was condemned for that they understood the Commissioners had seized and secured his Estate and did purpose to Sequester the same Master Moyer returned this answer That it was not usual with them to condemn any man unheard that they had a full purpose to have given A further Answer of the Commissioners at Haberdashers-Hall liberty to the Lord Craven to make his Defence to the Informations given against him but now their hands were tyed up for the Parliament had Voted his Estate to be confiscate and they were required to Sequester all the Estate real and personal of the Lord Cravens to the use of the Common-wealth Hereupon Master Rushworth forthwith repaired to the Parliament to inform himself of the proceedings against the Lord Craven there Took a Copy of Master Atturny-Generals Report the Informations aforesaid and the Votes of Confiscation thereupon and immediatly a Petition was drawn on the behalf of the Lord Craven in the name of Sir William Craven and James Pickering Esq Commissioners intrusted by the Lord Craven for the management of his Estate which from the 12 of March 1650. to the 12 of June 1651. they endeavoured by their friends to get delivered in Parliament but could not obtain it until the said 12 of June that the House took into consideration the first Bill of sale of Delinquents Estates When the Lord Cravens name being propounded to be inserted into the Bill it gave a handsome opportunity to that Member of the House who had so long attended to deliver Mr. James Chaloner the said Petition to get the same delivered which Petition then presented and read 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 Knight and James Pickering Esq Commissioners deputed by the Lord Craven for the managing of his Estate in his absence Humbly sheweth That your Petitioners are informed that by a late Vote of this Honourable House the Lord Craven is declared an Offender within the The first Petition presented on the behalf of the Lord Craven declaration of the 24th of August 1649. Whereby his Estate is made liable to confiscation and the Commissioners for Compounding are impowred and required to seize and Sequester all the estate real and personal of the said Lord Craven That the Lord Craven being beyond the Seas in Germany at the time of the passing of these Votes knoweth nothing of the Votes against him here in England and your Petitioners being desirous to discharge their Trust in giving his Lordship timely notice of the said proceedings against him Do humbly pray on the behalf of the said Lord Craven that your Petitioners may be permitted to send an Express unto his Lordship to acquaint him with the said Votes And that this Honorable House would be pleased in the mean time as to the confiscation of his estate to suspend their former Order And Your Petitioners shall pray c. Upon the reading of this Petition the House thought not fit to make any order to suspend the Votes of Confiscation or to give leave to send an Express The Parliament afterwards falling again upon the debate of the The house devided about the Lord Craven first Bill of Sale for Delinquents estates it was then propounded that the House would give leave to speak against the former Votes of confiscation of the Lotd Cravens estate upon which the House was devided 24 were for resuming the debate and 25 were against it So it was carried by one Vote onely not to resume the consideration of the said Votes of confiscation The Votes which passed that day in Parliament were as followeth viz. Thursday 3. July
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
London and that he was examined there concerning the Information given by Faulconer against the Lord Craven and that after he was sworn before the Lord Mayor He gave the same evidence to the Grand Jury which he had formerly given to Captain Bishop upon his examination Whereupon the said Captain Bishop took the Writ under seal out of his hand with which he was served to appear and said to Drury How durst you be examined against the Commonwealth and not acquaint me first therewith and said further Mr. Mayor meaning the Lord Mayor had better have done something else then to have suffered that Indictment to be found and immediatly calls for a Messenger and Commits the said Drury to the custody of one Midleton a Messenger to the Council of State who forthwith carried Drury away Prisoner into the Strand to the house of the said Midleton where the said Drury was kept by him in strict custody from Monday that the Indictment was found and the Sessions begun till Saturday that the Sessions was past by which Restraint of Drury who had Faulconers own hand-writing to produce against himself and being otherwise the most material witness against Faulconer there could be no further prosecution upon that Indictment that Sessions and before the next Sessions the Bill for sale of the Lord Cravens Estate did pass After the preferring and finding of this Indictment several business of publike concernment did interrupt the Parliaments present passing of the Bill for sale So that the Parliament had several debates upon the said Act and the 20 day of July the said Bill being committed to a Committee to fill up the full number of 30 persons and to present their names unto the House Mr. Rushworth attended with a Petition in the names of Sir William Craven and Sir Edmund Sawyer and caused the same to be presented unto that Committee then sitting in the Speakers Chamber in the Parliament House therein taking notice that the Indictment of Perjury was found which Petition was as followeth To the Honourable the Committee of Parliament appointed to consider of the names of several persons to present to the Parliament whose Estates may be forthwith sold 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 Humbly sheweth THat your Petitioners in their Petition presented to the Parliament A third Petition on behalf of the Lord Craven about a Moneth since and remaining in the Clerks hand did most humbly beseech them that they would be pleased to permit such Testimony to be produced not onely by witness but by writing under the hand of Richard Faulconer the Single and Material Witness against the Lord Craven as to the Petition mentioned in Faulconers Deposition which they hoped would make it clearly appear unto the Parliament that the information given by the said Faulconer upon which the Vote which then passed for the Confiscation of the Lord Cravens Estate is chiefly grounded is altogether false and untrue in all the Material parts of his Examination That the Parliament not thinking fit to permit the said Petition 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 accordingly obtained to apprehend the said Faulconer thereby intending to have brought him to his speedy Trial all Perjuries being excepted by the Act of Oblivion but one of the chief Witnesses against the said Faulconer who gave Evidence to the Grand Jury being since restrained of his Liberty was the only obstruction why in a Legal course the Law was not prosecuted against the said Faulconer this last Sessions at Newgate Your Petitioners humbly beseech you that you would be pleased to present to the Parliament the consideration of the whole matter that this business may be further and speedily examined in Parliament or otherwise as they in their wisdom shall think fitting and that in the mean time the Lord Craven may be omitted out of the present Bill of sale And your Petitioners shall pray c. This Petition was delivered to Aldermam Allen then Chairman to the Committee sitting in the Speakers Chamber upon the Bill for sale and word was sent up with the said Petition that there were some attending at the door to avow the same and accordingly the Petition was read at the Committee but they thought not fit to take any notice of the information therein given nor to report the same to the Parliament that their pleasure might be known thereupon The Parliament again had in debate the said Act upon a Report thereof made by the Lord Grey of Grooby and past many of the Amendments whereupon it was much pressed by several Members that a Petition in the name of Sir William Craven and Sir Edmund Sawyer on the behalf of the Lord Craven might be read before the Act did pass the House at that time thought not fit to hear the same but declared that before the Bill was put to the question the Petition should be read and shortly after ordered the Bill to be ingrossed and to be brought into the House on Tuesday August the third Tuesday August 3. 1652. Accordingly on that day the Speaker tendred the ingrossed Act to the House to be put to the question to pass as a Law And the Member of the House in whose hands the Petition remained as he Sir Gilbert Pickering went into the House was desired by the Petitioners to present the Petition and to procure them to be called in to avow the same for that they would make good every particular in the said Petition and more if need required then what was thetein contained which said Member went into the House and accordingly presented the same which was read by the Clerk and is remaining still in his custody and was in these words To the Supream Authority of this Nation the Parliament of the Common-wealth of England The humble Petition of Sir William Craven and Sir Edmund Sawyer Knights who have been Commissioners long intrusted by the Lord Craven for the managing of his Estate Humbly sheweth THat your Petitioners in their Petition presented to the Parliament A fourth Petition on behalf of the Lord Craven above a Moneth since and remaining in the Clerks hands did most humbly beseech them that they would be pleased to permit such Testimony to be produced not only by Witness but by writing under the hand of Richard Faulconer the single and material Witness against the Lord Craven as to the Petition mentioned in Faulconers deposition which they hoped would make it clearly appear unto the Parliament that the Information given by the said Faulconer upon which the Vote which then passed for confiscation of the Lord Cravens Estate is chiefly grounded is altogether false and untrue in all the material parts of his examination That the Parliament not thinking fit to
thereupon retired out of Holland to Brussels in Flanders and from thence did write a Letter to Mr. Speaker all of his own hand writing and therein inclosed a Petition subscribed also with his own hand submitting to such summe of money as the Parliament should please to impose upon him and also sent Duplicates of that Petition to his friends to be presented to the Parliament in case the Speakers Letter and Petition to the Parliament should miscarry and withall did signifie to his friends his readiness to come over in person and though innocent of the charge against him Yet was resolved to submit unto and satisfie such summe of money as the Parliament should impose upon him hoping they would rather choose that way then utterly to ruine him in his Estate and fortunes by permitting his Houses to be pulled down his Woods to be felled and his Lands to be sold to strangers Hoping also that it would be considered he was a person innocent as to blood plunder or violence in the late unnaturall Wars in England Scotland or Ireland having gone beyond Seas by leave of Parliament and resided there ever since untill now being neer twelve years together attending his charge there under the Prince of Orange Which Letter and Petition from the Lord Craven delivered by Mr. Speaker to the Clerk to be read were as followeth To the Honorable William LenthallEsq Speaker of the Parliament of the Commonwealth of England SIR ALthough I am altogether a stranger to your Honour yet as my misfortune A Letter from the Lord Craven to Mr. Speaker is at present I do not know how to avoyd giving you the trouble of addressing this inclosed supplication to you for the Parliament of the Commonwealth of England the which I shall humbly beseech you out of your accustomed civility to all persons that have recourse to you in this kinde to present it with that advantage that it may be permitted to be Read and taken into consideration of that Honourable House having been far other in my comportment then what by misfortune I have been calumniated to have been so that I hope their grace and favour will be afforded according to this my reasonable request the which no person shall acknowledge with more respect towards them nor your favour herein with greater value of your generosity and goodness then what he shall do that desires to have cause to be Your most affectionate and obliged Servant William Craven Septemb. 3. 1652. To the Supreme Authority of this Nation the Parliament of the Commonwealth of England The humble Petition of William Lord Craven Sheweth THat whereas it hath been your Petitioners sore affliction to fall into A third Petition from the Lord Craven to the Parliament the displeasure of this honourable Parliament and to remain under your most heavy sentence yet considering that the severity thereof was such reaching both Life and Estate as might justly deterr him from adventuring in person into England and considering that it hath not been the manner of this honourable House of Parliament to execute their judgements to the ruine of families where there hath been any hopes of rendring them serviceable to the Commonwealth In these respects he is encouraged in most humble manner to intreate your wonted Clemency in the remission of your heavy Sentence against his Life and Person and that paying a reasonable summe of money he may be restored to his Estate whereby both he and those who have just Title in Law to it after his death being preserved from Ruine will be obliged to be your Honours in all Respective Demeanor and observances And your Petitioner shall pray c. William Craven But the house was devided whether to permit the Petition to be read Yet afterwards resolved to read the same Whereupon the Petition was read And his Excellency the Lord Generall much pressed the house that notwithstanding their resolution to sell the Lord Cravens Estate yet that they would rather impose a summe of money upon the Lord Craven for that he judged it to be more Honorable then to expose his Estate to Sale and intimated a considerable summe indeed Besides the 30000. li. which had been already received out of his Rents and personal Estate and by the dammage done to his Woods Sir William Craven and Sir Edmund Sawyer did attend at the door at that time expecting to be called in to give assurance to the Parliament that the summe of money which they should think fit to impose upon the Lord Craven should be speedily raised As the House was in debate of this business the Danish Ambassador was admitted to have Audience to take his leave which being done and the Ambassador gone it was moved to resume the debate again But the contrary was pressed by others and the Speaker was required to propound the Question whether the House should any further resume the debate of that business The House was thereupon devided And it was carried in the Negative The House devided again about the Lord Craven by four Voices there being thirty four against taking any further consideration of his Petition and thirty for resuming the debate thereof The Votes which passed that day were as followeth Friday 29. Octob. 1652. A Petition of the Lord Craven being presented REsolved by the Parliament that his Petition be now Read And the Petition was now Read accordingly and was Entituled The Humble Petition of William Lord Craven The Question being put That the House do proceed further in the debate upon the Petition of the Lord Craven it passed in the Negative Hen. Scobel Cler. Parliam After this Vote there was no further application made to the Parliament on the behalf of the Lord Craven For that Surveyors were gone to the several Counties to Survey his estate and some Surveys were actually returned and dayes appointed for Sale And the Members of the House stept in with the first to buy the flower of his Estate to the value of five or six thousand pound per annum as appears by the Contracts made at Drury-House in their own names and in the names of others intrusted for the use of Members That stately House of the Lord Cravens at Causam neer Reading in excellent repair was bought by some persons who for greedy lucre and gain utterly defaced the same pulled down the Wainscot Stayr-Cases Lead Iron and all the the materials about the house which cost building 20000. li. they giving the Commonwealth little above 1500. li. in moneys the price of debenters therein also inccluded It being now Term time when the house was the last time devided about the Lord Craven and there being no hopes to have his case further heard it was thought necessary and convenient however to expedite the Triall upon the Indictment of perjury against Faulconer Whereupon course was taken to remove the Indictment by a Certiorari into the upper Bench to the end the said Faulconer might be Out-Lawed for Perjury The
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 LONDON Printed by R. White 1653. To the Reader AT the Trial of Richard Faulconer upon an Indictment Term. Trin. xx Maii. 1653. of Perjury at the Upper Bench Bar in Westminster-Hall in the case of the Lord Craven It was there publikely pleaded on his behalf That there was nothing objected against the credit of Faulconer so long as there was any other stone to turn though there were endeavors in Parliament before the Lord Cravens Estate came to be sold to prevent the Sale thereof And therefore when all Refuges failed if they can undermine the credit of this man then they hope to undermine the Act of Parliament And that after many transactions and settlements grounded upon this mans Information now must he be blasted by an Artificial Indictment a great while after These passages thus let fall by those who it seems had not perfect knowledge of the proceedings in Parliament in the Lord Cravens Case might with some of the Auditory at so great a Tryal pass as certain truths It is therefore thought necessary to publish a Narrative to clear those mistakes And yet it must be acknowledged that no exception was taken either to the Person of Faulconer or to the matter contained in his deposition against the Lord Craven before the Votes of confiscation of the Lord Cravens Estate did pass For that it was impossible for the Lord Craven being neer 800. miles distant in Germany when those Votes did pass to be here upon an hours warning to make his exception to Faulconers Deposition The Parliament passing the Votes of confiscation the same day Faulconers Deposition was reported and read in Parliament Neither the Lord Craven nor any on his behalf being then heard or summoned to be heard nor could any on his behalf procure a Copy of the Depositions before the Votes of confiscation It is therefore held requisite more particularly to make known the several transactions in this husiness and what application hath been made from time to time unto the Parliament by and on the behalf of the Lord Craven after the confiscation and before the Bill for Sale of the Lord Cravens Estate did pass that the falsity of this mans Oath might be examined in Parliament or such other way as the Parliament should please to direct and appoint which the Parliament after many applications to that purpose not thinking fit to give way unto an Indictment of Perjury was preferred in London against the said Faulconer the Parliament sitting and the Indictment found by the Grand-Jury and the Parliament made acquainted therewith before the Bill for Sale of the Lord Cravens Estate did pass and at the Sessions when the said Indictment was found Faulconer might have been also tried had not the principal witness against Faulconer been committed by Captain Bishop after he was served with a Subpaena to give Testimony against Faulconer and kept in Prison from the first day of the Sessions till the Sessions was over and then set at liberty and before the next Sessions the Bill for Sale of the Lord Cravens Estate did pass And forasmuch as the said Captain Bishop the Prosecutor of the Lord Craven and a Contractor for a good part of his Estate appeared more then a witness at the Tryal of Faulconer and hath since that Verdict endevoured to obstruct Judgement upon the same against so notorious and infamous a person It is further thought necessary to publish the proceedings at the Tryal of the said Faulconer that the World as well as the Jury may Judge of the credit of this mans Testimony against the Lord Craven upon which so heavy a Judgement as that of Confiscation was grounded And with what indifferency the said proceedings at the Tryal are related it is submitted to the Judgement of the Gentlemen of the several Inns of Courts and Practisers of the Law then present in Court and to all others who heard and took Notes at the said Tryal Anth. Craven A NARRATIVE Of the Proceedings in the Lord Cravens Case MAjor Richard Faulconer being imployed as a Spie into Holland at his return gave Information to Captain George Bishop then Secretary to the Committee of the Council of State for Examinations against William Lord Craven which Information being prepared and reduced into writing by Captain Bishop The Commissioners at Haberdashers-Hall were sent for to White-Hall to administer an Oath there unto the said Faulconer who came accordingly And upon the tenth of February 1650. the said Faulconer was sworn before the said Commissioners to the Information following viz. Febr. 10. 1650. The Information of Major Richard Faulconer of Westbury in Hampshire taken before Samuel Moyer James Russel Edward Winslow Josias Barners and Arthur Squib Esquires Commissioners for Sequestrations and Compositions upon Oath Who saith THat about a fortnight before the conclusion of the Treaty at Faulconers Information against the Lord Craven 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 the 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 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 these 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 Richard Faulconer Jur. 10. Feb. 1650. Coram nobis Samuel Moyer James Russel Edward Winslow Josias Barners Arthur Squib Colonel Hugh Reyly was likewise sworn before the said Commissioners at the same time whose Information was in these words viz. Febr. 10. 1650. The Information of Colonel Hugh Reyly taken before Samuel Moyer James Russel Edward Winslow Josias Barners and Arthur Squib Esquires Commissioners for compounding c. Who saith THat during the late Treaty at Breda this Informant did oftentimes Colonel Hugh Reyly his Information against the Lord Craven see the Lord Craven with the now King of Scots in his Bed-chamber and also walked abroad with him there being no man more conversant with the King then he That the said Lord Craven during the said Treaty did twice go to Rotterdam and Dunhagh and back again being imployed as was commonly reported at Court there by the said King That the said Lord Craven had a charge from the King to look to one Mrs. Barlow who as is reported and he believes to be true had a child by the King of Scots born at Rotterdam which he did and after the King was gone for Scotland the said Lord Craven took the child from her for which she went to Law with him and recovered the child back again as is reported Hugh Reyly Jur. 10. Feb. 1650. Samuel Moyer James Russel Josias Barners Edward Winslow Arthur Squib Captain Thomas Kitchingman was ten dayes after sworn before the said Commissioners whose Information was as followeth viz. Feb. 20. 1650. The Information of Captain Thomas Kitchingman taken upon Oath before the Commissioners for compositions c. Who saith THat the said Captain Thomas Kitchingman in April and May Captain Kitchingmans Information against the Lord Craven 1650. Saw the Lord Craven several times with the King of Scots at Breda and waiting upon the said King several times at his Table at Breda This Informant also saw the Earl of Oxford at the same time with the King of Scots at Breda waiting upon the said King at his Table and saw the Lord Craven and the Earl of Oxford many times go into the withdrawing rooms after the said King This Informant also saw the Lord Craven and the Earl of Oxford in the Bowling-ally in Breda Castle with the said King Thomas Kitchingman Jur. coram Commissionar Febr. 20. 1650. Sir William Craven having notice that the Lord Cravens estate was in danger of Sequestration and considering that himself and his children by Elizabeth daughter to Fardinando Lord Fairfax upon whom a great part of the said estate was setled were like to be concerned therein desired Mr. Rushworth to go with him to the Commissioners at Haberdashers-Hall and to desire a Copy of the Charge against the Lord Craven and accordingly a Copy of the depositions taken against the Lord Craven was demanded by Sir William Craven and Mr. Rushworth To whom Mr. Moyer in the name of the rest of the Commissioners answered That they had not fully considered of the Informations against the Lord Craven But said that very speedily a Copy of the Charge should be delivered and power should be given to the Lord Craven to examine and cross examine witnesses whereupon at that time they departed being confident that they should never be deprived by those Commissioners of that common justice of being heard before condemnation March 4. 1650. The Commissioners at Haberdashers-Hall having taken into The Commissioners scruple to Sequester the Lord Craven consideration the said Informations of Faulconers Reylys and Kitchingmans were not satisfied in their judgements that they could Sequester the Lord Craven thereupon Wherefore they presented their doubt in that case to the Council of State which doubt or quere of theirs as it is recorded and recited in an order of the Council of State was as followeth Tuesday 4. Martij 1650. At the Council of State at White-Hall Upon perusall of the depositions touching the Lord Craven presented to this Council from the Commissioners for Sequestrations c. sitting at Haberdashers-hall And of their certificate wherein they mention that they have given orders for the seizing and securing the said Lords estate but offer it as a doubt whether the Parliament hath made it matter of Sequestration for any person living beyond the Seas to hold correspondency with or repair to the person of the now King of Scots when he was beyond the Seas And desire it may be offered to the Parliament for a Rule which may inable them to proceed to Sequestration in that and other cases of like nature It is ordered by the Council that Mr. Atturny Generall do report this matter to the Parliament and in respect the retarding of Sequestrations where persons may be esteemed justly sequestrable tends much to the prejudice and disadvantage of the State to desire that the Parliament will be pleased to give some directions therein for the expediting of Justice in this and the like cases Ex. Gualter Frost Secr. March 6. 1650. Mr. Prideaux Atturney Generall makes his report to the Parliament Mr. Atturny Generals Report according to the directions of the said order which report of his is entered in the journal book agreeing verbatim with the order of the Council of State of the 4. March and he also made a report of the three
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
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
of the Lord Cravens Estate did pass upon the report of the said Depositions which he presented to the Parliament from the Council of State Mr. Fermin Chief Clark to Mr. Scobel Clark of the Parliament Faulconers deposition entred in the Journal of Parliament did depose in Court that the very same Depositions shewed in Court to Mr. Attorney General endorsed with the Lord Bradshaws hand-writing were entered in the Journal Book as read in Parliament that day when Mr. Attorney General did make his report unto the Parliament which he knew the better to be true for that he received the same from the hands of Mr. Scobel or Mr. Darnel the Clark assistant in Parliament the same day they were read in Parliament to be entred in the Journal Book and Votes of confiscation entred with Faulconers deposition that he did enter the same accordingly with the Votes of confiscation which passed upon the reading of those Depositions and afterwards he and Mr. Darnel did examine the said Depositions whereof the said Faulconers was one after the same were so entred into the Journal Book The Journal Book of Parliament produced in Court to prove Faulconers deposition And for the further satisfaction of the Court he produced the Journal of Parliament wherein the said Depositions and particularly that of Faulconers were entred which were read in Court out of the Journal whereby it did appear that the Depositions of the said Faulconer Kitchingman and Reyly were entred into the said Journal and did agree verbatim with the Copy of Faulconers and their Depositions remaining at Haberdashers-Hall and with the Copy reported by Mr. Attorney General from the Council of State to the Parliament Mr. Winslow one of the Commissioners at Haberdashers-Hall Mr. Winslow produced to prove Faulconers deposition being one before whom the said Faulconer was sworn did testifie upon Oath in Court that the deposition of Faulconer produced unto him and whereupon there was an endorsement of the Lord Bradshaws hand-writing Was as he did believe a true Copy of that deposition to which the said Faulconer was sworn at White-Hall for that he findeth his own hand subscribed thereunto as examined by him to be a true Copy and said it was usual with the Commissioners at Haberdashers-Hall when they take Examinations concerning any person of quality to appoint one of themselves to go from the Table to examine the Copy by the Original But whether when he subscribed his name unto the Copy produced unto him he did examine the same by the original deposition before it was sent for away by the Council of State or afterwards or by the transcript remaining upon the File as a Record at Haberdashers-Hall he could not positively remember But conceives that the Copy to which his hand is subscribed as examined by him to be a true Copy was taken when they had the Original in Custody but cannot certainly say it Mr. Barners Another of the Commissioners at Haberdashers-Hall Mr. Barners produced to prove Faulconers deposition before whom also the said Oath was taken did testifie upon Oath that to the best of his remembrance the particulars mentioned in Faulconers deposition then read in Court were the same to which the said Faulconer was sworn unto by himself and the rest of the Commissioners though he could not remember every Syllable and Letter Mr. Winslow and Mr. Barners were again produced to declare The clause of Barbarous and Inhumane Rebells c. proved by Mr. Winslow and Mr. Barners what they did remember concerning this clause in the deposition of the said Faulconer viz. That several officers about thirty in number made a Petition to the King of Scots to entertain them to fight for him against the Commonwealth of England by the name of Barbarous and Inhumane Rebells either in England or Scotland c. and thereupon Mr. Winslow did declare unto the Court that he did well remember that clause in Faulconers deposition when he was sworn thereunto but whether the number of Officers were thirty or no he could not tell but a certain number of Officers were named Mr. Barners did declare the like but whether the word Inhumane Mr. Barners was in he could not positively say But was certain that Barbarous Rebells was contained in that clause and that when Faulconer was sworn unto the same it was first read unto him and amended in several places and then he swore it to be true And Mr. Barners said that he did remember his deposition the better for that himself and the rest of the Commissioners had severall debates upon it at Haberdashers-Hall whether they should thereupon Seize Sequester or secure the Lord Cravens estate Having thus traced this Oath of Faulconers which was taken at White-Hall and brought to Haberdashers-Hall afterwards brought from Haberdashers-Hall back again to White-Hall and from White-Hall to the Parliament and there entred in the Journal book as the grounds upon which the Vores of confiscation did pass and having withall proved that particular clause of Barbarous and Inhumane Rebells c. the Counsel for the Commonwealth concluded as to that point and left it to the Jury to Judge and to Faulconer to produce the Original which he hath got into his custody if he can find any variance in it from the deposition recited in the Indictment And to prove that Faulconer had got the Original Oath into his custody Mr. Knight a witness was produced who did testifie upon Oath that being in the company of Faulconer he did shew him a writing written with Captain Bishops own hand so far as he could judge one mans hand to be like another and that Faulconers name was subscribed thereunto and that Faulconer told him the said Knight that that writing was the Original Deposition he was sworn unto against the Lord Craven and which he kept on purpose to keep Mr. Bishop in aw Faulconer being then in necessity and want and that the said Faulconer further said unto him the said Knight that he had received 20. li. for the business of the Lord Cravens and was to have more but said he deserved 2000. li. for what he had done In the next place the Counsel for the Commonwealth did apply themselves to prove the falsity of the Oath viz. That there was no such thing in the Petition mentioned by Faulconer in his Deposition As that thirty officers did Petition to be entertained to fight for the King of Scots against the Commonwealth of England by the name of Barbarous and Inhumane Rebells c. and being to prove a Negative they applied their proof to a certain time and place which Faulconer in his own Deposition did prove for them for he swears that the Petition was delivered the Evening before the King of Scots went from Breda and that the said King went away the next morning at three a clock He swears further that he and Drury drew the Petition and were deputed to deliver the same accordingly they
by Mr. Bishop to the same effect which he had now done in Court being asked by the Court if the words Barbarous and Inhumane Rebells were in that first Petition the said Drury answered Faulconers endeavour to have Barbarous and Inhumane Rebells inserted in the Petition that Faulconer moved to have Barbarous and Inhumane Rebells inserted into that Petition so drawn by himself but was answered by the Petitioners that they were Souldiers of fortune it was uncivil language and so they would not give way unto it being demanded by the Court who was deputed to deliver the last Petition he said Captain Brisco was one in regard he had many wounds at Canon-Froom that the King might commiserate his case the more and that he the said Drury was also deputed with Brisco to deliver the same because he was known to the Queen of Bohemia and some other persons of quality and Faulconer was not at all deputed Being asked if the Lord Craven was present at the delivery of the first Petition He answered no the Petition was delivered three weeks before But the Lord Craven was present when the last Petition was delivered to mind the King of his promise the said Drury further informed the Court that afterwards Faulconer being discontented that he got no moneys said as he was going into the Town This is a horrid thing that we should Faulconer swears he will into England and do mischief be in this case to follow a thing they call a King God dam me I will go into England and do all the mischief I can Proofs as to the Credit of Faulconer IN the next place the Counsel for the Commonwealth did apply Mr. Woolridge's Testimony against Faulconer themselves to offer proof as to the credit of Faulconer Mr. Woolridge of Clements Inn Attorney at the Common Law being sworn did testifie to this purpose That being in his chamber at Clements Inn about this time 12 Moneth Faulconer came to him asked how some of his Countreymen neer Petersfield did that he asked Faulconer where he had been of so long a time Who answered he had been in the Low-Countries had seen some Lords sit in Counsel for the King that he had been sworn against the Lord Craven which would bring a great deal of advantage to the State that he had moneys for the doing of it and said that he had received already 80. li. it was that summe here mentioned said Mr. Woolridge to the best of his remembrance but Faulconer said he did expect Faulconers confession that he had received 80. li. for what he had done in the Lord Cravens busines a greater reward that the said Faulconer hath been as wicked a man as any in England that he spent his Estate and left the Countrey did wicked acts while he was there that being at Petersfield he drunk an health to the Devil in the middle of the Street of which information being given we sent to the Justice of the Peace in the Town and had him bound over to the Sessions for doing of it but said he did not see him drink the Health to the Devil Mr. Jackson of Petersfield being produced testified about Faulconer drinks a health to the Devil upon his knees five years ago Faulconer was Ranting and Drinking of Healths that he did drink a health to the Devil and said this I have spent my Brothers Estate and my own I will never want money for whilst there is any in the Nation I will get it one way or other and I will do something of Infamy to be talked of that the name of Faulconer shall never dye being asked in what manner he did drink the health he answered in the street down upon his knees that he was present and thousands can witness it that he was had before a Justice of Peace for it James Greham being sworn did testifie that in May 1647. after Faulconers attempt to Bugger a man Faulconers Oaths the Siege at Excester it was his fortune to fall into the company of Faulconer and as he was with him in the Cellar he was swearing Dam him Blood and Wounds takes a two twenty-shilling piece of Gold puts it into his hand and said God dam him Blood and Wounds he would bugger his soul to Hell and these words he used frequently to Man Woman and Childe bugger bugger bugger and correct him for it he would say Dam him blood and wounds he would do it being asked by the Court if Faulconer did any thing upon him he answered no He was able to deal with as good Man as he Mr. Hughes hath often heard Faulconer swear dam him and sink Faulconer a Dammee blade Faulconer said Christ was a Bastard him and such wicked expressions Mr. Bradley did testifie that he heard Faulconer say our Saviour Christ was a Bastard and a Carpenters son and carried a basket of Tools after his Father Mr. Dyer being produced did declare that Faulconer confessed Faulconer procures one to personate another man to him that he had Ten pound of a man by procuring one to personate Captain Bishop it was thus as Faulconer told him that a Citizen as he remembred Faulconer said did desire Faulconer to get Captain Bishop to do a business for him which Citizen did promise him twenty pound ten in hand and ten afterwards whereupon Faulconer said he got one to personate Captain Bishop and to go along with him to the Citizen which man so personating Captain Bishop promised the Citizen upon the account of Major Faulconers good services for the publick to afford him his best assistance in the effecting of what was desired in his Petition which Story Faulconer himself told And Faulconer further said Faulconers intent to murder Captain Bishop that Captain Bishop had used him ill in keeping him so low in money that he had it one time in his thoughts as Captain Bishop came from the Committee-Chamber through the Guard-Chamber down the Stairs to have cut his throat being asked by the Court what moneys Faulconer had of Captain Bishop he answered he paid to Faulconer with his own hands by Captain Bishops directions Fifty pound paid to Faulconer by Captain Bishops direction Faulconer counterfeits another mans hand to get money of Captain Bishop twenty pound at one time and about thirty pound more at other times in several Portions that Faulconer confessed to him he had twenty pound afterwards being demanded what it was for he gave that money he said I will not speak to that I cannot speak to that Capt. Ballard being produced did testifie that about three or four years ago he came to Faulconers Lodging and saw him write a Letter in his chamber and that he writ it as if it had come from Colonel Burgess from Jersey and set Burgess his name to it and Faulconer would have had him the said Ballard to carry this Letter to one Captain Bishop that belonged to the Council of State and to say