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
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
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
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.
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
agreed with the Testimony which Drury then gave to the Jury By way of Digression observe That Druries and Briscoes Observe Informations which Captain Bishop had taken above twelve moneths since and which tended to clear the Lord Craven he concealed till this hour that he produced the same in Court and never transmitted those two mens Examinations to the Parliament Though before the Bill of Sale did pass he did transmit Bardseys and Kitchingmans Re-examination taken by himself and which he apprehended made against the Lord Craven Captain Bishop further said That whereas it was objected that Faulconer had money he answered that it is great reason he should have monies for there was a real effect of the safety of the Commonwealth by his services that notwithstanding any thing hath been sworn against Faulconer he believes what he swore was truth Captain Bishop speaking again of Faulconers Deposition that the words or to that effect should have been added the Court asked him whether Faulconer gave any directions to express these words in his Examination to which Captain Bishop made answer that the Deposition he made was the substance of things and he put it in words and that or to that effect if they were not in should have been in The Court again asked him if Faulconer did direct him to put in these words or to that effect he replyed again he did deliver the whole as the effect of it Captain Bishop being further asked by the Court if he were present when the Commissioners gave the Oath and took what Faulconer said in way of information he answered That he prepared it before the Commissioners were sent for and then they had only the administring the Oath and said again I prepared the information which he made oath of hereupon Mr. Winslow desired leave to inform the Court that when he and the rest of the Commissioners came to White-hall to administer this Oath being sent for to that end the information was Ready prepared by Captain Bishop and having no Register with them they made use of Captain Bishop being well skilled in the use of his Pen to write over the Deposition for though he had prepared the Deposition the Commissioners did see occasion to alter much of it and it was writ over again and then Read to Faulconer and attested by him and subscribed unto by the hands of all the Commissioners then present and the Oath which we gave him was this Whether the Deposition thus drawn and that which he was examined unto was the Truth the whole Truth and nothing but the Truth Mr. Barners attested the like then Captain Bishop sat down After this Lieutenant Colonel Joyce was produced who likewise Leiutenant Colonel Joyce his Testimony spake of very great designs and of matters of State and what discoveries were made by Faulconer which being not pertinent to the Perjury shall be here omitted But as a Witness he said That Horsnel was formerly an agent for the Prince That Faulconer was a Hampshire-man a Gentleman well bred that he was an Enemy to himself in spending his Estate that he was always faithful to the Parliament that he believes Faulconer hath cuft some of the Witnesses produced against him for their Malignancy and that nothing could be expected to come from them to the credit of Faulconer That Faulconer was sent over by him as a Spie into Holland upon an account of faithfulness Lieutenant Colonel Bardsey was produced in the next place on Leiutenant Colonel Bardsey his Testimoney the behalf of Faulconer who testifyed that he put his hand to the Petition at Breda that the Lord Craven was desired to deliver it to the King of Scots that the Lord Craven said he was no Courtier but a Servant to the States of Holland that it was fitter for the Princess Royal to deliver it then himself and so returned the Petition again that the Queen of Bohemia told the Petitioners the King would do for them what he was able but about 4 a clock in the morning he went away and they had no other answer that the Contents of it was to put the King in minde of his promise that some money might be delivered to the Petitioners for discharge of their quarters at Breda being asked by the Court if there were any expressions in it as Barbarous and Inhumane Rebells he answered no being asked if to that Petition which Faulconer drew he would have had Barbarous and Inhumane Rebells added he answered yea Faulconer did move to have those words in but was refused that he the said Bardsey read over that Petition and set his hand to it and was at the penning of it and Faulconer wrote it Captain Kitchingman being produced did testifie that a Petition Captain Kitchingman his Testimony was drawn at Breda and signed by him Faulconer and others to be presented to the King of Scots that it was in pursuance of gaining moneys to discharge their Quarters and to enable them to serve the King but knows not by whom it was delivered that Secretary Long was to issue out moneys unto them but they never had any and in order to the gaining of that money there was another Petition drawn but by whom delivered he knew not only he saw a Paper in the Queen of Bohemia's hand which was told him was the Petition and after a quarter of an hours discourse with the King Shee delivered it to the King but they never received any money upon that neither That he did not read the last Petition at all nor heard it read that it was the first Petition which he signed Colonel Dove was produced in Court on the behalf of Faulconer Colonel Dove his Information who said he knew nothing of his Birth he only knew his Father and Mother that they lived in good Fashion and Credit but how this Faulconer hath been brought up and where he hath inhabited for these ten or twelve years he knew not and that this was as much as he could say Michel an Ale-house-keeper was then produced who said he Michel an Ale-house-keeper his Testimony knew nothing of Faulconer but that he was a very honest man Faulconer having lain in his house a year and three quarters that he knows nothing to the contrary but that he was a good Scholler an honest man and brought up at the University Captain Mowbrey being produced as a Witness did testifie that Captain Mowbrey his Testimony Anno 1649. in Amsterdam he met accidentally with Captain Brisco who said to him and others Gentlemen I see you are in a sad condition I will set you in a way to get money here are Dutch Men taking up Men to go to Plantations and you shall have twelve Stivers a piece a day but I will warrant you I will force them to leave you behinde and accordingly they received twelve Stivers a day and Brisco would have had them on Ship-board but one Church an English Man bid them take
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
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
company in the said deposition mentioned that they should receive an answer from the said Queen of Bohemia to the said Petition nor that he the said Lord Craven had spoken to the Queen of Bohemia in their behalf As the said Richard Faucloner in and by the said deposition hath deposed And so the Jurors aforesaid upon their Oaths aforesaid do say That the said Richard Faulconer in manner and form aforesaid Corruptly Wilfully Falsly and Maliciously of his own proper Act Consent and Agreement did commit wilfull false and corrupt perjury To the great dishonor of Almighty God and to the great dammage loss and infamy of the said William Lord Craven and in contempt of the Laws of this Commonwealth To the evil Example of all others in the like case offending And against the publique peace c. The reason wherefore this Indictment did not recite the Oath in haec verbae as in the former Indictment but assigned the Perjury in the material parts of the Oath was by reason it came lately to knowledge that the original Oath could not be found and therefore the Oath was to be proved by the Entries in the book of Parliament and at Haberdashers-Hall and by the Testimony of the Persons who administred the Oath The next day after the Indictment was found the Prosecutors for the Lord Craven moved the Court for a Habeas Corpus to bring Faulconer to the Bar to plead to the Indictment who being brought into Court desired time to plead till the next Term. Whereupon the Court made this order That the said Faulconer having now in Court appeared unto the Indictment should have time to plead unto the same untill the beginning of the next Term so that the issue thereupon may be tried at the Bar in open Court the same Term. Term Pasch 1652. Faulconer having all this vacation neglected to appear or plead to the Indictment the Prosecutors for the Lord Craven were enforced again to move for another Habeas Corpus to bring Faulconer to the Bar to appear or plead to the Indictment who appearing desired longer time to attend his Counsel which the Court granted accordingly and the ordinary Rules of Court were given unto him for the peremptory dayes of pleading or Judgement to be entred against him and the very last day when the last Rule was out and not before he pleaded Not guilty And the Court ordered That the issue upon the Indictment of Perjury against the Defendant be tryed at the Bar upon Friday in the morrow of the Ascension of our Lord and that the Sheriffe of Middlesex do attend Andrew Broughton Esq with the Book of Freeholders forthwith so that an indifferent Jury may be returned between the said Keepers and the said Defendant to try the issue aforesaid by consent of the parties on both sides Mr. Broughton accordingly appointed the Sheriffe to attend him the next day in the afternoon with the Book of Freeholders who accordingly named the Jury and notice was given by the Sheriffe requiring them to appear at the day of Tryal The Trial of Richard Faulconer Friday May 20. 1653. THe Jury appearing according to Summons and Faulconer being brought in Custody the Court proceeded to Triall and ordered the Indictment to be read which being afterwards opened by Mr. Boynton the Evidence was managed by Mr. Maynard Mr. Hales Mr. Twisden Mr. Wilde Mr. Philips Mr. Baldwin and Mr. Drury who were of Counsel for the Commonwealth against the said Faulconer Before the Counsel for the Commonwealth proceeded to produce any Witnesses they offered unto the Court and the Jury something in general concerning the Indictment That the Indictment was for the crime of Perjury willfully and corruptly committed That Faulconer makes an Oath that there was a Petition delivered in which there was a very sharp reflexion as he swears upon the Parliament by the name of Barbarous and Inhumane Rebels he swears he was deputed to deliver it being drawn by himself and Drury subscribed by 30 Officers that in order to the delivery thereof they did require the assistance of the Lord Craven that he promised to speak for them and brought them an answer but they hoped to prove unto the Jury that this Oath which Faulconer did take was very false that it was by design a design for money that the consequence of it was very notorious the ruine of that Gentleman of his Estate Fame and Fortune That Witnesses will be produced to prove what in truth the Petition was there was a Petition delivered but not a Petition to this effect at all and Faulconer knew the contrary we shall produce what it was and that under his own hand whereby it will appear that there was no such matter in it as he hath deposed the Witnesses themselves will best speak the Particulars For the opening of some things concerning this Oath of Faulconer it is to be observed he took this Oath before the Commissioners of Haberdashers-Hall at White-Hal and was there reduced into Writing and a Transcript was made of the Original which Transcript was sent to the Council of State and they ordered the same to be reported to the Parliament and being reported there is entred in the Journal Book and there remains a Record in Parliament The first thing therefore insisted upon by the Counsel for the Commonwealth was the proving of a true Copy of Faulconers Proofs of Faulconers deposition by a Copy thereof temaining at Haberdashers-Hall deposition in respect the Original was lost or rather imbezeled by Faulconer to prove the same A Copy thereof was produced in Court which agreed verbatim with that deposition of his which was filed upon Record at Haberdashers-Hall the Proper Court where it ought to remain and though that upon the File was but a Copy yet it was filed as evidence of that Deposition he was sworn unto by them but this was Faulconers deposition transmitted to the Council of State opposed by the Counsel for Faulconer as not sufficient proof and thereupon a Copy of an order of the Council of State of March 6. 1650. was produced unto the Court whereby it did appear that the Depositions against the Lord Craven had been transmitted to the Council of State by the Commissioners at Haberdashers-Hall Mr. Atorney General produced as a witness and it appeared further by the said Order that Mr. Attorney General was appointed by the Council of State to report these Depositions to the Parliament so transmitted to that Council by the Commissioners at Haberdashers-Hall and the Attorney General being sworn in Court did declare that he reported no other Depositions to the Parliament then what he received from the Council Faulconers deposition reported to the Parliament by Mr. Atorney General of State and that the Depositions produced to him in Court whereof the said Faulconers was one was endorsed with the hand-writing of the Lord Bradshaw then Lord President of the Council of State and that the Votes of confiscation