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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
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