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A49165 The Lord Craven's case The Lord Craven, by leave of Parliament granted in May, 1641. went beyond sea, to attend his charge in Holland, and returned not into any of these three nations till April 1659. ... 1660 (1660) Wing L3045C; ESTC R213939 3,636 4

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THE Lord Craven's CASE THE Lord Craven by leave of Parliament granted in May 1641. went beyond Sea to attend his Charge in Holland and returned not into any of these three Nations till April 1659. Upon the sixth of March 1650. in the Lord Cravens absence the Parliament that then sat without Hearing Charge or Summons and upon the Testimony of Richard Faulconer extrajudicially taken who falsely swore that the Lord Craven promoted a Petition to the King of Scots at Breda did Confiscate his Estate declaring the Lord Craven to to be an Offendor Within an Irish Resolve of Parliament of the 24th of Aug. 1649. grounded upon Letters from Ireland Ordered to be sent into Ireland there to be put in Execution and which concerned only such English and Scotch as had been imployed by the Parliament in Ireland and had revolted and betrayed their Trust there Or such who had or should adhere to them there Shortly after the said Votes of Confiscation the Lord Cravens friends in England applyed themselves to that Parliament Acquainting them that the Lord Craven was beyond the Seas and knew nothing of the proceedings against him here and therefore desired leave to send an Express unto the Lord Craven to give him notice thereof And in the mean time to suspend the Execution of their Vote of Confiscation Which Petition was read in Parliament but leave was not granted Afterwards viz. July 3 1651. being about four moneths after Confiscation That Parliament was pleased to pass some Votes in Nature of a Summons requiring the Lord Craven personally to appear before the Parliament the third of September following to answer such things as should be objected against him And Ordered the Summons to be printed and published Of which the Lord Craven was to take Notice at his Peril though leave as aforesaid was denied to send to him the Lord Craven being then in High Germany distant from London near 500. Miles Neither was the said Summons directed according to the Law of the Land to be served upon his person Nor was there any Charge then or at any time after during the sitting of that Parliament drawn up against the Lord Craven to which he might give Answer in case he had personally appeared That before the Bill of Sale did pass the L. Craven had several Petitions which he sent from beyond Seas subscribed with his own hand presented to and read in Parliament As also several Petitions in the name of his friends on his behalf were likewise presenetd to and read in Parliament before the said Bill of Sale did pass Thereby informing the Parliament that they could make it appear that the Information given by the said Faulconer was altogether false That they could prove it by sufficient Witnesses then in and about London ready to be produced in Parliament and by the Original Draught of the Petition mentioned to be presented at Breda of Faulconers own hand writing further informing the Parliament that there were Examinations taken at Whitehall which tended to clear the Lord Craven but those only were transmitted to the Parliament which seemed to make against the L. Craven The Petitioners praying also that those Examinations might likewise be transmitted to and be read in Parliament as well as those have been which seem to make against the Lord Craven And that the Lord Craven might be heard in his Defence before the Bill of Sale did passe But all this could not prevaile to have the Lord Cravens Case heard before his Estate was exposed to Sale which Original Examinations so concealed and timely made knowne unto the Parliament as aforesaid are since brought to light and ready to be produced in Parliament Nevertheless before the said Bill did pass no answer being given to the said Petitions the Lord Cravens friends did sitting the Parliament Indict the said Richard Faulconer of Perjury committed by him in that very information of his against the Lord Craven and the Grand Jury found the indictment whereupon the Lords Cravens friends did again petition the Parliament before the said Bill of Sale did pass And did thereby acquaint them that the said Faulconer was Indicted of Perjury and that the Grand Jury had found the Indictment And beseeched them that yet they would be pleased to heare the Lord Cravens Case before the said Bill of Sale did pass As by the Petition read in Parliament and remaining upon record there may appear But could not prevaile to be heard That the said Bill of Sale afterwards being passed the Lord Cravens friends did vigorously prosecute the Indictment against the said Faulconer to cleare the Lord Cravens Innocency though it could not save his Estate and the said Faulconer was accordingly brought to his Tryal And after five houres hearing of evidence in the Upper Bench in the presence of as great an Auditory as hath been known in Westminster Hall the said Faulconer was convicted of wilfull Perjury for that very Deposition of his against the Lord Craven At which tryal the said Original draught of the Petition of Faulconers own hand-writing was then produced and read in Court in the presence of Faulconer and several of the Witnesses who subscribed the same were also examined in Court clearing the Lord Cravens Innocency of the matter charged against him by Faulconer and also it was proved in the presence of Faulconer at the same time by several Witnesses of what a wicked life and conversation he was viz. 1. That he drank a health to the Devil on his Knees 2. That he said the Virgin Mary was a Whore and our Saviour Christ a Bastard 3. That he had been in Alisbury Goale and Newgate for Robbery and Fellony and several other horrid things were then proved against him here forborne to be mentioned And afterwards the said Faulconer upon his Death-bed with great Terror and Horror of conscience confessed publickly to several people then present with him in his sickness the VVilfulnesse of his Perjury in that information of his against the Lord Craven and manifested his sorrow for the same and declared how he was prompted thereunto and also acknowledged that Penury and Want was a great cause to draw him to commit so horrid a Perjury The truth of which Confession upon his death-bed hath been already attested at the Barre of a late Parliament which sat Anno 1656. where the Original Confession under Faulconers own hand was then produced and still remaines upon Record in Parliament That after such time as the Lord Cravens Estate was exposed to Sale several Members of that Parliament which were his Judges and condemned him unheard were the first that stept in to buy the Lord Cravens Estate and had amongst them to the value of 5000. li. per annum and upwards there being then in Parliament when the said Bill of Sale did pass but fourty three Members twenty whereof were against the sale of the Lord Cravens Estate as appears by the Journal of Parliament upon the Division of the House
whether the Lord Cravens Name should passe in that Bill Notwithstanding all these discouragements the Lord Craven though he had lost his Estate was resolved to pursue the recovery thereof with Hue and Cry by his constant appeals for Justice to all subsequent Powers and Authorities and therefore no sooner was that Parliament which confiscated his Estate interrupted by the Army but he appealed by Petition to the Convention which afterwards was stiled by the Name of a Parliament After that to the Parliament which met Anno 1654. And after that to the Parliament in 1656. and also to the Parliament Anno 1658 59. All which Authorities did admit of the Lords Cravens Petition of Appeal and put the same in a way of Examination But by reason of their untimely dissolutions he could get no relief upon the respective Addresses which he made unto those Parliaments And lastly After that Parliament which confiscated the Lord Cravens Estate unheard was restored to sit again after five years interruption the Lord Craven in the close pursuit of his Appeal and to clear his innocency did also present his humble Petition unto them which was read in that Parliament desiring that he might be now heard at the Bar of their House But they were not pleased to grant that liberty to the Lord Craven only appointed a Committee to consider of a comfortable Subsistance out of what remained unsold of his Estate which was very inconsiderable in possession being little above 200 li. a year But that Parliament shortly after the making of that Order was the second time interrupted by the Army and the Lord Craven was not relieved in the least upon his Petition Nor hath he ever since his Estate was first confiscated in March 1650. had any Allowance out of the same for his subsistence Observe upon the whole MATTER 1 That there is not any Crime objected against the Lord Craven for which by any Law his Estate ought to be confiscated the pretended Crime against him being only made by a Bare Vote not reduced into a Law nor grounded upon any Charge Impeachment Indictment or Hearing 2 That the Lord Craven is not within that Vote it relating meerly to Actings in Ireland and the Lord Craven never having been in Ireland for acting any thing related to it 3. That there is no other proof of his supposed Crime concerning the promoting of a Petition at Breda but the Oath of one single VVitnesse extrajudicially taken for which Oath that VVitness was found guily of Perjury 4. The putting of his Name into a Bill of Sale without a Charge or Offence by Order in Parliament was unparliamentary and without President 5. That the Vote for Summons of the Lord Craven was about foure Moneths after Confiscation he had no personal Notice of it and Leave was denyed to be given to send him notice Neither was there any Charge against him to answer if he had come 6. The Lord Craven often petitioned to be heard long before the Bill of Sale did pass but was not admitted to be heard 7. That a great part of the Lord Cravens Estate hath been bought upon very easie termes by those that were his Judges and by others very neerly related to them Who by their Beneficial Bargains Sales of Woods and pulling down of Houses and selling the Materials and other profits made have for the most part reinbursed themselves their purchase-Money For all which Reasons the Lord Craven sues for a Repeal of the Votes and Acts made against him and Reparation for his losses as this Parliament in their Wisdome shall think fit Dated April the 25. 1660.