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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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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
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
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