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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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that the words Barbarous and Inhumane Rebells should be put in but is was rejected by them that were there as a thing uncivil so their own witness concurs with Drury As for the Deposition on Record at Haberdashers-Hall which being filed there it is proof of it self which no man may aver against when it is recorded We have shewed it there traced it here brought a Copy of it endorsed with the Lord Bradshaws hand shall it be believed that a man shall be confiscated and loose his Estate and not so much as an Oath taken against him It is apparent there was an Oath and it is hoped you will believe that which the Parliament hath Recorded and expresly proved by the Gentlemen of Haberdashers-Hall here present which you will believe before any Imaginations can be made on the otherside They have endeavoured to say something touching the conversation of this man to uphold his credit But Gentlemen of the Jury You are to consider of the man what damnable blasphemy hath come out of his mouth you have heard it If a man will go so high as to kneel down to drink a health to the Devil I hope there is no excuse for that his good services must not plead for him to comply with God-dammees that will not justifie him he was not sent to do any such thing But we have not rested there Have we not proved him a personator of other men a Decoy and things that a man should be ashamed to name the two and twenty shillings peece he took out and what base vilde words he spake not fit to be repeated That will not be palliated by any service whatsoever And for that which Mr. Bishop hath said nothing shall be said against him but what appears to you that Mr Bishop hath gone beyond a witness for when he hath done his Testimony acteth and manageth the business and in that is not equal to others that do not For his expression that Faulconer is one of them by which the Commonwealth of England sits safe at this hour It is God we sit safe by and not by him I blame him not for his service but when we are upon a question of truth I say truth and righteousness is beyond all the service in the world They say my Lord Craven furthered the Petition and promised to second it Gentlemen you must distinguish that which my Lord Craven knew that which he knew not There is not one witnes from beginning to ending that ever can speak one word that my Lord Craven knew what the first Petition was In that Petition was the expression of venturing their lives which was three weeks before the latter which was singly to desire they might have money for their quarters The first Petition had some expressions relating to their former service and some expressions of their readiness for the future but that Petition my Lord Craven never saw but was delivered to one Long three weeks before and Drury did put it down in his Deposition when he was examined by Mr. Bishop which agrees with that which was read in Court But the particular time when the latter Petition or Memorial was delivered with which the Lord Craven is charged was the evening before the King went from Breda They say that here is no corruption proved and a man cannot be guilty without corruption but certainly he that swears a thing that is false it must of necessity be corrupt Faulconer swears that thirty Officers did subscribe the Petition Doth he bring any one to confirm his Testimony or the least colour of evidence to what he hath sworn It was further pressed by the Counsel for the Commonwealth that the Jury would distinguish these two things between the Petition framed and dictated by Drury and writ by Faulconer and that other Petition delivered the night before the King went from Breda the first is produced and proved to be Faulconers own hand that Petition was three weeks before which begs for maintenance and proffers service the Copy of which was brought forth before any Evidence was given by them for Drury upon his Examination before the Council of State made the same known and which agrees verbatim with that read in Court so the dictating of that Petition was by Drury the writing by Faulconer the delivery was to Secretary Long and that was the thing whereof they did expect an Account but that was not the Petition to which the Testimony of Faulconer at all goes that Petition of which this Oath is spoken and to which it is applyed is the Petition which was drawn the Evening before the Scots King went from Breda that is the Petition talked of in the Deposition that is the Petition upon which we pitch and therefore if in that Petition there be none of these words that which he hath sworn unto is false for in that Petition we say there was no such words as Barbarous and Inhumane Rebells nor such words of proffer of service or malignity but a meer desire of supply and they have not offered the least proof to the contrary And Secondly that it was not promoted by the Lord Craven for the Petition was delivered by them to the Scots King before such time as the Lord Craven came into the room so that my Lord Craven was no Promoter of the Petition and had he been a Promoter of it there was no such thing in it as might give offence no not the least mention of the Parliament or any thing that might offend and whereas they object that this Oath was not corrupt the very words of his expression are very considerable for he doth remarkably fix the words in his Deposition To sight against the Commonwealth of England by the name of Barbarous and Inhumane Rebells why would he fix such an Emphasis upon it as that was it could not be a bare mistake nor the words to this effect as Mr. Bishop would have had in could never have served the turn for to say that he would fight against the Barbarous and Inhamane Rebells or to that effect there is no such effect in the one Petition nor in the other Then a second thing is that this Faulconer being as he deposeth the contriver of the Petition it could not be a meer oversight and mistake in him And then when he could not have his desire beyond Seas to get moneys he said He would come here and do what mischief he could The Counsel urged further Gentlemen of the Jury what is become of the original Deposition it concerns not us to know no more then the Original of Depositions taken in the Countrey it lies upon them that are for the Oath to make it out It cannot be presumed that the Parliament would confiscate a Noble Mans Estate and order it to be sold would they enter it into the Journal Book and make it a Record should it come and be transmitted from Haberdashers-Hall the proper Judicatory for that business to the Council of State and from the Council of State to the Parliament and then not to be a true oath or false Copy that is not to be born that a false Copy should sell a Gentlemans Estate and that a false Copy should be recorded to stand to all Eternity After the Reply was made every Judge in Court spoke what they in their Judgement thought fit for the better direction of the Jury whereupon the Jury withdrew and the next day brought in their Verdict that they found the said Faulconer guilty of the Perjury mentioned in the Indictment The Order following was thereupon made viz. By the Court. The Defendant was this day brought into Court under the Custody Middlesex The keepers c. against Faulconer of the Marshall of this Court upon an Indictment for Perjury whereunto he had formerly pleaded Not guilty And the Jury thereupon being impannelled and sworn found him guilty of the Perjury in the Indictment mentioned And thereupon the said Faulconer is committed to the Custody of the said Marshall there to remain untill c. FINIS
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