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 [Page] 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.
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 [Page 2] 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 reinstating 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. and a great bustle of of business; This Informant, with Colonel Drury, applied themselves to the Lord Craven, intreating him to present the Petition to the Queen of Bohemia, to present it to the King of Scots; the said Lord Craven taking the Petition, and reading the same Chearfully, said to Colonel Drury and this Informant, There is the Queen of Bohemia, deliver it to her, and I will speak for you; Upon which they applied themselves to the said Queen, and she presented the Petition; After which the King of Scots, the Lord Craven, the Marquess of Newcastle, the Queen of Bohemia, with some other Lords went into a withdrawing room, where this Informant and company could not enter; But the Lord Craven came forth of the withdrawing Chamber, and told this Informant and company, That they should receive an answer from the Queen of Bohemia to their Petition, and that he had spoken to the Queen of Bohemia in their behalf, who afterwards came and told this Informant and company that she had delivered their Petition, and that the King had taken order for it. The next morning at three of the Clock the King departed, but this Informant and company had their Quarters satisfied by the Princess of Orange, according to the said Kings order upon their Petition, and thereby to inable them to follow the said King in the prosecution of these Wars against the Parliament of England, which was the effect of their aforesaid Petition: That this Informant saw the Lord Craven very often and familiar with the said King, and enter with the said King into the withdrawing Chamber, and staid there, the last night the said King was at Breda, very late.
Colonel Hugh Reyly was likewise sworn before the said Commissioners at the same time, whose Information was in these words, viz.
Febr. 10. 1650. The Information of Colonel Hugh Reyly, taken before Samuel Moyer, James Russel, Edward Winslow, Josias Barners, and Arthur Squib, Esquires, Commissioners for compounding, &c.
Who saith,
THat during the late Treaty at Breda, this Informant did oftentimes Colonel Hugh Reyly his Information against the Lord Craven. see the Lord Craven with the now King of Scots in his Bed-chamber, and also walked abroad with him, there being no man more conversant with the King then he. That the said Lord Craven during the said Treaty, did twice go to Rotterdam and Dunhagh, and back again, being imployed, as was commonly reported at Court there, by the said King. That the said Lord Craven had a charge from the King to look to one Mrs. Barlow, who (as is reported and he believes to be true) had a child by the King of Scots, born at Rotterdam; which he did: and after the King was gone for Scotland, the said Lord Craven took the child from her, for which she went to Law with him, and recovered the child back again, as is reported.
Captain Thomas Kitchingman was ten dayes after sworn before the said Commissioners, whose Information was as followeth, viz.
Feb. 20. 1650. The Information of Captain Thomas Kitchingman, taken upon Oath before the Commissioners for compositions, &c.
Who saith,
THat the said Captain Thomas Kitchingman in April and May, Captain Kitchingmans Information against the Lord Craven. 1650. Saw the Lord Craven several times with the King of Scots at Breda, and waiting upon the said King several times at his Table at Breda; This Informant also saw the Earl of Oxford at the [Page 4] same time with the King of Scots at Breda, waiting upon the said King at his Table, and saw the Lord Craven, and the Earl of Oxford many times go into the withdrawing rooms after the said King; This Informant also saw the Lord Craven, and the Earl of Oxford in the Bowling-ally in Breda Castle with the said King.
Sir William Craven having notice that the Lord Cravens estate was in danger of Sequestration; and considering that himself and his children, by Elizabeth, daughter to Fardinando, Lord Fairfax, upon whom a great part of the said estate was setled, were like to be concerned therein; desired Mr. Rushworth to go with him to the Commissioners at Haberdashers-Hall, and to desire a Copy of the Charge against the Lord Craven, and accordingly a Copy of the depositions taken against the Lord Craven was demanded by Sir William Craven, and Mr. Rushworth; To whom Mr. Moyer in the name of the rest of the Commissioners, answered; That they had not fully considered of the Informations against the Lord Craven; But said that very speedily a Copy of the Charge should be delivered, and power should be given to the Lord Craven to examine and cross examine witnesses; whereupon at that time they departed, being confident that they should never be deprived by those Commissioners of that common justice of being heard before condemnation.
March 4. 1650.
The Commissioners at Haberdashers-Hall, having taken into The Commissioners scruple to Sequester the Lord Craven. consideration the said Informations of Faulconers, Reylys, and Kitchingmans, were not satisfied in their judgements that they could Sequester the Lord Craven thereupon; Wherefore they presented their doubt in that case to the Council of State, which doubt or quere of theirs, as it is recorded, and recited in an order of the Council of State, was as followeth.
Tuesday 4. Martij. 1650. At the Council of State at White-Hall.
Upon perusall of the depositions touching the Lord Craven, presented to this Council from the Commissioners for Sequestrations, &c. sitting at Haberdashers-hall; And of their certificate, wherein they mention that they have given orders for the seizing and securing [Page 5] the said Lords estate, but offer it as a doubt, whether the Parliament hath made it matter of Sequestration for any person living beyond the Seas, to hold correspondency with, or repair to the person of the now King of Scots, when he was beyond the Seas; And desire it may be offered to the Parliament for a Rule, which may inable them to proceed to Sequestration in that and other cases of like nature: It is ordered by the Council, that Mr. Atturny Generall do report this matter to the Parliament; and in respect the retarding of Sequestrations, where persons may be esteemed justly sequestrable, tends much to the prejudice and disadvantage of the State, to desire that the Parliament will be pleased to give some directions therein for the expediting of Justice in this and the like cases.
March 6. 1650.
Mr. Prideaux, Atturney Generall, makes his report to the Parliament Mr. Atturny Generals Report. according to the directions of the said order, which report of his is entered in the journal book, agreeing verbatim with the order of the Council of State of the 4. March, and he also made a report of the three 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 24 th August 1649. aforesaid; and to [Page 6] receive and take the Rents, Issues and Profits thereof, to the use of the Commonwealth.
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.
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 [Page 7] 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,
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 24 th 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 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.
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 [Page 9] 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.
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.
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 [Page 10] 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 Commonwealth of England.
The humble Petition of William Lord Craven.
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 [Page 11] and contradicted in divers parts of his Testimony, and proves not any word or deed of the Petitioner, not against the Parliament.
4. That the Petitioner during all the Time of these late wars and differences in England, did never engage, or in the least manner appear against the Parliament of England.
5. That the Persons that accuse him were utter strangers to him, and the promotion of their Petition no way concerned him. He humbly therefore offers to your Honours consideration, how unlikely it should be that your Petitioner should hazard himself and his Estate in England, which was known to be considerable, in so unnecessary and unprofitable a business, and so much contrary to all his former Deportments.
Wherefore the Petitioner humbly begs the favour of this Honourable Assembly, that his Case may be considered, and that this Honourable Assembly would be pleased to put his business into such a way, as that he may be heard by his Counsel, not doubting but thereby this honourable Assembly shall Receive so good an account of your Petitioners candid Deportment, as may fully satisfie your Honours.
And your Petitioner shall ever pray.
At the same time a Member of the house delivered a Petition in Mr. James Chaloner. the name of Sir William Craven, and Sir Edmund Sawyer, giving notice of some new Information to disprove Faulconers testimony, which Petition the said Member moved, that it might be Read, and delivered it to the Clerk accordingly to be Read, immediately after the reading of the Lord Cravens Petition, but the Parliament thought not fit to permit the reading thereof, which Petition remains with Mr. Scobel Clerk of the Parliament, and was in these words, viz.
To the Supreme Authority of this Nation, the Parliament of the Common-wealth of England.
The humble Petition of Sir William Craven, and Sir Edmund Sawyer Knights, on the behalf of William Lord Craven,
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, [Page 12] 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.
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 [Page 13] 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 managing of all and every the estates of Delinquents and Popish Recusants; that the fifteenth day of April, in the said year of our Lord one thousand six hundred and fifty, were, or then after should be under Sequestration, did upon the Holy Evangelists, corruptly, wilfully, falsly and maliciously, of his own proper Act, consent and Agreement, swear, and upon his Corporal Oath before the Commissioners aforesaid on the said tenth day of February, in the said year one thousand six hundred and fifty, then having power to Administer the said Oath, then and there depose concerning the said Lord Craven, in these English words following; [Page 14] that is to say; That about a fortnight before the conclusion of the Treaty at 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 reinstating him in his Throne, and deputed this Informant and Colonel Drury to present the said Petition, who indeed drew the same. That when this 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. and a great bustle of business; This Informant, with Colonel Drury, applied themselves to the Lord Craven, intreating him to present the Petition to the Queen of Bohemia, to present it to the King of Scots; the said Lord Craven taking the Petition, and reading the same Chearfully, said to Colonel Drury and this Informant, There is the Queen of Bohemia, deliver it to her, and I will speak for you; Upon which they applied themselves to the said Queen, and she presented the Petition; After which the King of Scots, the Lord Craven, the Marquess of Newcastle, the Queen of Bohemia, with some other Lords went into a withdrawing room, where this Informant and company could not enter; But the Lord Craven came forth of the withdrawing Chamber, and told this Informant and company, That they should receive an answer from the Queen of Bohemia to their Petition, and that he had spoken to the Queen of Bohemia in their behalf, who afterwards came and told this Informant and company that she had delivered their Petition, and that the King had taken order for it. The next morning at three of the Clock the King departed, but this Informant and company had their Quarters satisfied by the Princess of Orange, according to the said Kings order upon their Petition, and thereby to inable them to follow the said King in the prosecution of those Wars against the Parliament of England, which was the effect of their aforesaid Petition: That this Informant saw the Lord Craven very often and familiar with [Page 15] the said King, and enter with the said King into the withdrawing Chamber, and staid there, the last night the said King was at Breda, very late; Which said Oath was the said tenth day of February in the year of our Lord one thousand six hundred and fifty, at the Parish and Ward aforesaid, reduced in writing, and taken before the said Commissioners, then having sufficient and lawfull power to Administer the said Oath, and to take the testimony and depositions of witnesses upon their Oaths in such cases; Whereas in truth neither did the several Officers, or any Officer make a Petition to the said King to entertain him or them to fight for him against the Commonwealth of England. Nor did several Officers or any Officer make a Petition to the said King to entertain him or them to fight for him against the Commonwealth of England, by the name of Barbarous and Inhumane Rebels, either in England or Scotland. Nor did several Officers or any Officer make a Petition to the said King to entertain him or them to fight for him against the Commonwealth of England, by the name of Barbarous and Inhumane Rebels, either in England or Scotland for the recovering of his just rights, or reinstateing him in his Throne. Nor deputed he the said Richard Faulconer, and Colonel Drury to present the said Petition, in the said Oath mentioned; Nor did the said Richard Faulconer, with the said Colonel Drury, apply themselves to the said Lord Craven, intreating him to present the said Petition to the said Queen of Bohemia, to present it to the said King of Scots. Nor did the said Richard Faulconer, with the said Colonel Drury, intreat him the said Lord Craven, to present the said Petition to the said Queen of Bohemia, to present it to the said King of Scots. Nor did the said Lord Craven take the said Petition, or read the same; Nor said unto the said Richard Faulconer and Colonel Drury, there is the Queen of Bohemia, deliver it to her, and I will speak for you. Nor did the said Lord Craven tell the said Rich. Faulconer and company, in the said deposition mentioned, that they should receive an answer to their said Petiton, or that he had spoken to the Queen of Bohemia in their behalf, As the said Richard Faulconer in and by the said deposition hath deposed. And so the Jurors aforesaid, upon their Oath aforesaid, do say, That the said Richard Faulconer, in manner and form aforesaid, Corruptly, Wilfully, Falsely 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 damage, 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.
This Indictment upon the Testimony then produced upon Oath, was accordingly found by the Grand Jury.
The same day that this Indictment was found, Colonel Drury, Colonel Drury arbitrarily committed by Captain Bishop. who had given evidence to the Grand Jury, repaired to White-Hall to Captain Bishop, (having been formerly examined by him concerning the Lord Craven) and told him, that as he was that morning going down Holborn-Hill, he was served with a Subpaena to appear that day at Guild-Hall 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.
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 [Page 18] 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.
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 [Page 19] 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.
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 [Page 21] 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 Ʋsage 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 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 [Page 22] 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.
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
To the Supreme Authority of this Nation, the Parliament of the Commonwealth of England.
The humble Petition of William Lord Craven.
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 [Page 23] 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.
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.
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 Record being accordingly removed, a Capias in order to an Out-lawry was taken out against the said Faulconer, who for several Sessions before had refused to appear: At last the said Faulconer was taken upon the said Capias, and carried to Newgate, where he lay for some time, and would not appear nor plead to the Indictment; Whereupon the prosecutors for the Commonwealth were inforced to move the Court for a Habeas Corpus, to bring him to the Bar, that he might be enjoyned to plead, and accordingly the Court required him to plead; Whereupon he pleaded Not guilty to the Indictment.
Hillary Term. 1652.
In Hillary Term following a day was appointed for Trial upon the Indictment, at Guild-Hall London, before the Lord chief Justice Rolls, where the said Captain Bishop, and Faulconer appeared with their Counsel and Witnesses; And Mr. Rushworth also appeared in behalf of the Commonwealth with Counsel and Witnesses, and had given in the Record to have the Jury called, but it so fell out, that a person of integrity then in Court, who had gotten [Page 25] certain knowledge when and where the said Oath was taken; gave Mr. Rushworth notice, that the Oath given to Faulconer, was administred unto him at White-Hall in Middlesex, and not at Haberdashers-Hall in London, and therefore the place being mislaid in the Indictment, a London Jury could not find a fact done in Middlesex: Whereupon Mr. Rushworth immediately withdrew the Record for that time, and gave a stop to the Triall.
No time was mispent to recover this mistake: For within two dayes a new Indictment was drawn, and preferred to the Grand Jury in Middlesex, (Sir Henry Blunt being Foreman) where the Indictment was found: and was as followeth.
Hillary Term 1652.
Before this time, that is to say, upon Tuesday next after the morrow Middlesex. of the Purification of the Virgin Mary, this same Term, before the Keepers of the Liberty of England by authority of Parliament, in the Upper-Bench at Westminster, by the Oaths of twelve honest and lawful men, it is presented, That Richard Faulconer late of Westbury in the County of Southampton Gent. Not having the fear of God before his eyes, but moved and seduced by the instigation of the Devil, and minding and endevouring to bring the Right Honorable William Lord Craven, Baron of Hampsteed, Marshall in the County of Berks, in danger of the loss of his life, and of the Sequestration, confiscation, and forfeiture of all his Goods, and Chattels, Lands and Tenements within this Commonwealth of England, the tenth day of February, In the year of our Lord God one thousand six hundred and fifty, at White-Hall, in the Parish of Martins in the Fields, in the County of Middlesex, before Samuel Moyer Esquire, James Russel Esquire, Edward Winslow Esquire, Josias Barners Esquire, and Arthur Squib Esquire, then being Commissioners for compounding with Delinquents, and for managing of all and every the estates of Delinquents and Popish Recusants; that the fifteenth day of April, in the said year of our Lord God one thousand six hundred and fifty, were, or then after should be under Sequestration, did upon the Holy Evangelists, corruptly, wilfully, falsly and maliciously, of his own proper Act, consent and Agreement, swear, and upon his Corporal Oath before the Commissioners aforesaid, on the said tenth day of February, in the said year one thousand six hundred and fifty, then having sufficient and lawfull power to Administer the said Oath, and to take the testimony and depositions of witnesses upon their Oaths in such cases, then and there deposed; That several Officers, [Page 26] about thirty in number, made a Petition to the Scots King Charles, to entertain them to sight for him against the Common-wealth of England, by the name of Barbarous and Inhumane Rebels, either in England or Scotland, for the recovering of his just Rights, and reinstating him in his Throne. And did also then and there, corruptly, willfully, falsly, and maliciously, before the said Commissioners, swear, that the said Officers deputed him, the said Richard Faulconer, and Colonel Drury, to present the said Petition, who (as the said Richard Faulconer, then and there, corruptly, willfully, falsly, and maliciously, before the said Commissioners did swear, indeed drew the same; And did also, then and there, corruptly, willfully, falsly and maliciously before the said Commissioners, swear, that he the said Richard Faulconer, with Colonel Drury, applyed themselves to the Lord Craven, (meaning the aforesaid William Lord Craven) intreating him to present the said Petition to the Queen of Bohemia, to present it to the King of Scots: And did also then and there, corruptly, wilfully, falsly and maliciously before the said Commissioners, swear, that the said Lord Craven, taking the said Petition, and reading the same cheerfully, said unto Colonel Drury, and him the said Richard Faulconer, There Is the Queen of Bohemia, deliver it to her, and I will speak for you: And that the said Queen of Bohemia did present the said Petition; and did also then and there, corruptly, wilfully, falsely and maliciously, before the the said Commissioners, swear, that the said Lord Craven, after told him the said Richard Faulconer, and company, that they should receive an answer from the Queen of Bohemia to their Petition, and that he (meaning the said William Lord Craven) had spoken to the Queen of Bohemia in their behalf: Whereas in truth, neither did several Officers, or any Officer make a Petition to the said King to entertain him or them to fight for him against the Commonwealth of England. Nor did several Officers or any Officer make a Petition to the said King to entertain him or them to fight for him against the Commonwealth of England, by the name of Barbarous and Inhumane Rebels, either in England or Scotland. Nor did several Officers or any Officer make a Petition to the said King to entertain him or them to fight for him against the Commonwealth of England, by the name of Barbarous and Inhumane Rebels, either in England or Scotland, for the recovering of his just rights, or reinstating him in his Throne. And whereas in truth, the said Richard Faulconer, and Colonel Drury were not deputed by the said Officers to present the said Petition, in the said Oath mentioned; and whereas in truth, he the said Richard Faulconer, with Colonel Drury, did not apply themselves to the said Lord Craven, intreating him to present the said Petition to the Queen of Bohemia, to present it to the said King of Scots. Nor [Page 27] did he the said Richard Faulconer, with the said Colonel Drury, intreat him the said Lord Craven, to present the said Petition to the said Queen of Bohemia, to present it to the said King of Scots. And whereas in truth, the said Lord Craven did not take the said Petition, nor read the same; Nor say unto the said Colonel Drury, and him the said Richard Faulconer, there is the Queen of Bohemia, deliver it to her, and I will speak for you: And whereas in truth the said Lord Craven did not tell him the said Richard Faulconer, and 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 [Page 28] 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 handwriting of the Lord Bradshaw, then Lord President of the Council of State; and that the Votes of confiscation 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 [Page 31] 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 [Page 32] 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 applied their evidence.
Proofs, as to the falsity of Faulconers Oath.
MAster Horsnell being produced, did testifie; That the night before the King of Scots went from Breda, Colonel Drury, Mr. Horsness Testimony against Faulconer, as to the Petition. Captain Brisco, and divers others were with a little short Petition to remember the King of a former Petition which they had delivered, that some course might be taken that their arrears which they owed in the Town might be paid, that their Landlords where they lodged might not suffer, for they were not able themselves to pay them; that he went along with them to the great window just over the moat, and there he the said Horsnel did set his hand unto the same, and that he was in the Chamber when Drury and Brisco came in to deliver the Petition, in which there was not a word that concerned any thing, but onely the relief of their present necessities; being asked by the Court, if there were not a mention of Barbarous and Inhumane Rebells; he answered, not any thing of that nature was in it; He further said, that this Petition had reference to a former Petition he was not acquainted withall, nor was his hand set to the former Petition.
Captain Brisco being produced, did testifie, that there were Captain Briscoes Testimony against Faulconer, as to the Petition. divers Gentlemen in great distress met together in Colonel Druries Chamber at the time of the Treaty of the Scots King with the Commissioners at Breda, and among other things it was agreed to draw a Petition to the King, which was drawn in Colonel Druries Chamber, expressing their necessities, That the people of the Town might be Relieved, and that the Petitioners might not be left to perish; That going to deliver it, they met with Secretary Long by the way, who told them that it was to no purpose, For that there was no moneys come in: afterwards the Petitioners had notice the King was to depart from Breda, Whereupon they met together again, and went into the further end of the Gallery to draw a short Petition, to put the King in mind of his promise to Secretary Long, concerning the People of the Town of Breda, that they might be satisfied, and the Petitioners relieved, which Paper he the said Brisco delivered to the Scots King, who threw it on a Table; And doing so, they stood all amazed, being likely to be left in distress, and unexpectedly came in the Lord Craven, whereupon he the said Brisco, having long served in the country, and knowing him to be a lover of Souldiers, he spoke unto him, and said, Sir, we are a company of poor distressed Gentlemen, likely to be left here in misery (he said, Well) and the next morning the King went away, without giving any relief unto the Petitioners; [Page 34] the Court demanded of Brisco whether there were no such matter in it as Barbarous and Inhumane Rebells; He answered, that he Read it, and was sure there was no such thing in it, the whole scope of it being to relieve their necessities, which was the occasion of that Petition; being demanded again by the Court, if Barbarous and Inhumane Rebells were not in the Petition; he answered, no, not any such words at all, nor so much as any mention of the Parliament.
Colonel Drury was in the next place produced, who testified, Colonel Druries Testimony against Faulconer, as to the Petition. That being at Breda, Lieutenant Colonel Bardsey, Major Faulconer, Major Hall, Captain Kitchingman, and divers others came to his Lodging, and told him that they were in a condition of starving, and desired him that he would assist them to draw a Petition to the King of Scots, to relieve their necessities, or else they must perish; that the said Drury being in their condition, consented unto it, and in his chamber, in his sons paper Book the Petition was drawn, Major Faulconer writ it with his own hand, which saith Drury, I have here to shew, and so presented the Original under Faulconers hand unto the Court, in which Petition (said Drury) we desired some relief from his Majesty, shewing how we had served the former King, and in what necessities we were in; That they were advised to deliver it to Secretary Long, For that they were told that the King had not a Pistoll to relieve himself, and it would be a vain thing said Long to deliver it; that they followed Secretary Long, and solicited him daily for three weeks together, and still he put them off; And the day before the King went from Breda, they drew a short Petition to mind the King of his promise to Secretary Long, and to desire that the Inhabitants of Breda that had relieved them, might not be undone, that Brisco was deputed with him to deliver it, and he accordingly delivered it to the King, that the King laid it down upon the Table; In steps the Lord Craven, then Captain Brisco, having trailed a Pike under the Lord Craven, went to him, and told him there were many Gentlemen ready to starve, and desired him to speak a favorable word to the Queen of Bohemia; to which the Lord Craven answered, Well, as Brisco then told him: the next morning the King of Scots went away, and so nothing at all was done for the Petitioners; That Original Petition which Drury produced unto the Court, of Faulconers own hand writing, and in the presence of Faulconer, was publikely Read in Court, and was as followeth, viz.
THe great sense we have alwayes had of your Majesties present condition, The first Petition, written with Faulconers own hand, and produced in Court. hath been the prime cause of our long silence; But now our necessities are grown so great and insupportable, that we are inforced either to Petition or perish: Most humbly desiring your Majesty, to take into your Princely consideration, Their extremities who have been ever ready to prostrate their lives in your Majesties Royall Father his service: Nor no less willing and ready to prosecute the same in what your Majesty shall command: Most humbly petitioning your Royall Order, that some course may be taken for our present susistance, that our future endevors may not be buried in that unavoydable calamity, which our loyalty hath reduced us unto.
And we shall cordially pray for your Majesty.
The Court demanding of Colonel Drury, if the said Petition was Faulconers own hand writing, he said yea, and looking back upon Faulconer, said, he cannot deny it,: I did dictate it unto him, and Faulconer did write it in my Chamber: and that is the very Original that was so drawn, and being fair written, was afterwards delivered to Secretary Long: the other that was delivered, was a memorial, to put the King in mind of his promise when money came in; and Drury further said, that when he was examined by Mr. Bishop, he did give in his Examination, the contents of the first and latter Petition, and said, he did express himself at that time of his Examination by Mr. Bishop, to the same effect which he had now done in Court: being asked by the Court, if the words Barbarous and Inhumane Rebells were in that first Petition, the said Drury answered, Faulconers endeavour to have Barbarous and Inhumane Rebells inserted in the Petition. that Faulconer moved to have Barbarous and Inhumane Rebells inserted into that Petition so drawn by himself, but was answered by the Petitioners, that they were Souldiers of fortune, it was uncivil language, and so they would not give way unto it; being demanded by the Court who was deputed to deliver the last Petition, he said, Captain Brisco was one, in regard he had many wounds at Canon-Froom, that the King might commiserate his case the more, and that he the said Drury was also deputed with Brisco to deliver the same, because he was known to the Queen of Bohemia, and some other persons of quality, and Faulconer was not at all deputed: Being asked if the Lord Craven was present at the delivery of the first Petition: He answered no, the Petition was delivered three weeks before: But the Lord Craven was present [Page 36] when the last Petition was delivered, to mind the King of his promise; the said Drury further informed the Court, that afterwards Faulconer being discontented that he got no moneys, said, as he was going into the Town, This is a horrid thing, that we should Faulconer swears he will into England and do mischief. be in this case, to follow a thing they call a King, (God dam me) I will go into England, and do all the mischief I can.
Proofs as to the Credit of Faulconer.
IN the next place the Counsel for the Commonwealth did apply Mr. Woolridge's Testimony against Faulconer. themselves to offer proof as to the credit of Faulconer; Mr. Woolridge of Clements Inn, Attorney at the Common Law, being sworn, did testifie to this purpose; That being in his chamber at Clements Inn, about this time 12 Moneth, Faulconer came to him, asked how some of his Countreymen neer Petersfield did? that he asked Faulconer where he had been of so long a time? Who answered, he had been in the Low-Countries, had seen some Lords sit in Counsel for the King, that he had been sworn against the Lord Craven, which would bring a great deal of advantage to the State, that he had moneys for the doing of it, and said that he had received already 80. li. (it was that summe here mentioned (said Mr. Woolridge) to the best of his remembrance) but Faulconer said, he did expect Faulconers confession, that he had received 80. li. for what he had done in the Lord Cravens busines. a greater reward; that the said Faulconer hath been as wicked a man as any in England; that he spent his Estate and left the Countrey, did wicked acts while he was there; that being at Petersfield, he drunk an health to the Devil in the middle of the Street, of which information being given, we sent to the Justice of the Peace in the Town, and had him bound over to the Sessions for doing of it, but said, he did not see him drink the Health to the Devil.
Mr. Jackson of Petersfield being produced, testified, about Faulconer drinks a health to the Devil upon his knees. five years ago Faulconer was Ranting and Drinking of Healths, that he did drink a health to the Devil, and said this, I have spent my Brothers Estate, and my own, I will never want money, for whilst there is any in the Nation, I will get it one way or other, and I will do something of Infamy to be talked of, that the name of Faulconer shall never dye: being asked in what manner he did drink the health, he answered, in the street, down upon his knees, that he was present, and thousands can witness it, that he was had before a Justice of Peace for it.
James Greham being sworn, did testifie, that in May 1647. after Faulconers attempt to Bugger a man. Faulconers Oaths. the Siege at Excester, it was his fortune to fall into the company of Faulconer, and as he was with him in the Cellar, he was swearing Dam him, Blood and Wounds, takes a two & twenty-shilling piece of Gold, puts it into his hand, and said, God dam him, Blood and Wounds, he [Page 37] would bugger his soul to Hell, and these words he used frequently to Man, Woman and Childe, bugger, bugger, bugger; and correct him for it, he would say, Dam him, blood and wounds, he would do it; being asked by the Court, if Faulconer did any thing upon him, he answered, no; He was able to deal with as good Man as he.
Mr. Hughes hath often heard Faulconer swear, dam him and sink Faulconer a Dammee blade. Faulconer said Christ was a Bastard. him, and such wicked expressions.
Mr. Bradley did testifie, that he heard Faulconer say our Saviour Christ was a Bastard, and a Carpenters son, and carried a basket of Tools after his Father.
Mr. Dyer being produced, did declare that Faulconer confessed Faulconer procures one to personate another man. to him, that he had Ten pound of a man, by procuring one to personate Captain Bishop; it was thus, (as Faulconer told him) that a Citizen, as he remembred Faulconer said, did desire Faulconer to get Captain Bishop to do a business for him, which Citizen did promise him twenty pound, ten in hand, and ten afterwards; whereupon Faulconer said he got one to personate Captain Bishop, and to go along with him to the Citizen; which man so personating Captain Bishop, promised the Citizen upon the account of Major Faulconers good services for the publick, to afford him his best assistance in the effecting of what was desired in his Petition, which Story Faulconer himself told; And Faulconer further said, Faulconers intent to murder Captain Bishop. that Captain Bishop had used him ill, in keeping him so low in money, that he had it one time in his thoughts, as Captain Bishop came from the Committee-Chamber, through the Guard-Chamber, down the Stairs, to have cut his throat; being asked by the Court, what moneys Faulconer had of Captain Bishop, he answered, he paid to Faulconer with his own hands, by Captain Bishops directions, Fifty pound paid to Faulconer by Captain Bishops direction. Faulconer counterfeits another mans hand, to get money of Captain Bishop. twenty pound at one time, and about thirty pound more at other times, in several Portions; that Faulconer confessed to him he had twenty pound afterwards; being demanded what it was for he gave that money, he said, I will not speak to that, I cannot speak to that.
Capt. Ballard being produced, did testifie, that about three or four years ago, he came to Faulconers Lodging, and saw him write a Letter in his chamber, and that he writ it as if it had come from Colonel Burgess from Jersey, and set Burgess his name to it, and Faulconer would have had him the said Ballard to carry this Letter to one Captain Bishop that belonged to the Council of State; and to say he had the Letter from one of Bristol, and get some money of Bishop for that Intelligence mentioned in the Letter, of which the said Ballard was to have half, but he the said Ballard refused to go with the same, knowing it to be unjust.
Mr. Powel a Justice of Peace of the County of Middlesex did Faulconer committed to Newgate for suspition of Felony. testifie to the Court, that this Faulconer was brought before him upon suspition of Felony, and committed, which Mittimus he produced in Court; that afterwards the Lord Chief Justice Rolls did [Page 38] send for him out of New Prison to Newgate; that Faulconer hath A reputed high-way man. Faulconer committed to Ailesbury Gaol, for suspition of Felony, Robbery and murder. a common name for a Robber upon the high way.
Mr. Goodman, Gaoler of Ailesbury did testifie unto the Court, that the said Faulconer the 20th of March 1648. was committed to Ailesbury Gaol by Sir Thomas Sanders, Mr. Bulstrode and two other Justices of the Peace, upon suspition of Felony, Robbery and Murthers, and tendered a Certificate thereof in Writing unto the Court.
The Defence made on the behalf of Faulconer.
1. THe evidence being given on the behalf of the Commonwealth, Mr. Windham, Mr. Latch, Mr. Lechmore, and Mr. Haggat, of Counsel for Faulconer, did offer something to the consideration of the Court before they did produce their witnesses viz. That although it concerns every man that perjury should be punished; Matter offered by Faulconers Counsel before they descended to Proof. For every mans Life, Liberty, Fortune and Estate depends upon an Oath, and in these times it is somewhat dangerous if they should be forsworn; So on the otherside, if Faulconer be not forsworn, it is but just he should be acquit: That the Counsel for the Commonwealth have endeavoured to prove that there was a Petition, but that there was no such words in the Petition as are suggested, and have endeavoured to impeach the credit of Faulconer: That they have produced a Copy of Faulconers Oath, which ought not to be admitted, because it is but a Transcript of a Transcript, a Copy of a Copy, brought from Haberdashers-Hall to the Council of State, and from the Council of State to the Parliament, and there the Copy is entred in the Journal Book: And the witnesses that have been produced, do not swear positively to the Oath as it is in writing, and one particle may turn the whole sense of an Oath: And though these words Barbarous and Inhumane Rebells were in it, Yet how it is applied, and how the sense of it fals, it cannot be judged, but by the Original writing it self, and it concerns the Counsel for the Keepers to produce it: How it should come into Faulconers hands, there is no account given, but by one Knight, Who saith Faulconer shewed him a thing, which Faulconer said was his [Original] deposition against the Lord Craven, but the credit of Knights Testimony is left to the Jury: It is sworn that that Copy produced in Court was examined, but Mr Winslow doth not positively say it was examined by the Original, when in their custody.
That as to the witnesses produced against the credit of Faulconer, they did hope to counterpoise his life to be, as of a man that might be credited: That in the Petition delivered at Breda, there is something [Page 39] of those words, though there be not Barbarous and Inhumane Rebells, which was but a nominal thing; yet the prostrating of themselves to prosecute the cause, is desired may be observed, though the actual words be not there, yet the sense doth bear it; that the case is somewhat hard with Faulconer, who was imployed at the Court at Breda as an Emissary, as a Spye: And at his return in giving an account of his observations at Breda, let something fall concerning the Lord Craven, without any design in him, and that what Faulconer delivered in his deposition was with qualifications, as he did believe to his best remembrance, and the like.
Hereupon Captain Bishop was produced on the behalf of Faulconer, Captain Bishops dicourse, not applicable to the perjury in question. as a witness, whose discourse was long, and consisted of three parts.
1. It took notice how the Council of State sent for him from his habitation at Bristoll, to be imployed in matters of great trust, and afterwards what trust was reposed in him and Mr. Scot, in order to the safety of the Nation.
2. By way of Argument on behalf of Faulconer, he did declare what services Faulconer had done for the Commonwealth, and that Faulconer was one by whom this Commonwealth sate safe at this hour, and by whom he enjoyed his life: And what an ill requitall this was to be thus proceeded against.
The third part of his discourse was, to declare what particular designs the State formerly had in hand, and what designs the enemy had against the State: and what service he did to countermine the enemy in their designs: The last of the three being not (as was conceived) so advisedly spoken in publike, and which would be more unfit to be in print: Shall therefore here be past over in silence, as also what Captain Bishop said at large concerning the two first particulars, In respect they are no proofs pertinently to be applied, as to the perjury in question.
A brief account only shall be therefore given what Captain Bishop properly spoke as a witness.
As a witness, Captain Bishop said, he had never seen Faulconer The substance of Captain Bishops Testimony. in drink or misbehave himself, but ever observed him as a sober man, that he did draw Faulconers information [which Faulconer did deliver as the substance] and that he must say, that the words [or to that effect] should have been put in, and that it was his fault they were not in, and he could not tell but that they were in; That the Commissioners at Haberdashers-Hall were desired to come to White-Hall to Administer an Oath to the said Faulconer privately, least danger should befall the witnesses if they were discovered.
That Horsnel was formerly an Agent for the Prince, and was to receive orders from Tom Cook in the Tower, and was ordered to be tried by the high Court of Justice: That Colonel Drury was [Page 40] a Papist in Arms, and being brought before him to be examined, still had the Lord Craven in his mouth, before he was asked a question.
The like of Brisco. He said, that before Drury and Brisco came from beyond Seas, his Agent gave him notice of their coming, And thereupon he laid wait for them, and caught them; that Drury said, when he was examined, that he had not a penny of money, that he did not commit him to Prison, but took his Paroll, and in commiseration gave him two shillings six pence for his Supper; He said further, that Drury did contradict himself in what he had formerly informed the Council of State, and to that end produced in Court the Copy of Druries Information, which being read in Court, agreed with the Testimony which Drury then gave to the Jury.
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, [Page 41] 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 [Page 42] 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 heed what they did; for he served some English men so before, clap them under decks, and received so many six Dollers a piece for them, and so left them; That he hath known Faulconer five years, and he hath behaved himself civilly for ought he ever saw.
Mr. Corey did testifie something to this purpose, in reference to Briscoes sending men to Plantations; who said further, he had no Mr. Corey his Testimony. more to say against Brisco, but that he was a man would drink, and sometimes swear as well as other men that are accustomed to it, that he knows nothing to the contrary, but that he came to Breda to wait for imployment: in the mean time whilst he was there, he did as other men did, strive to seek for Relief.
After the Court had with much patience heard Captain Bishop and the rest of the Witnesses on the behalf of Faulconer, The Counsel for Faulconer summ'd up the Evidence, and left it to the Jury, with some further observations, viz.
That though the words Barbarous and Inhumane Rebells were not Observations made by the Counsel on the behalf of Faulconer, after the evidence given. in the Petition, yet there were words of tender of Service, as the King should command, and to prosecute his cause, which was the substance of the thing informed by Faulconer; That Captain Bishop, and Lieuteuant Colonel Joyce, who have testified of Faulconers services, were witnesses to be preferred before any witnesses produced against Faulconer; That the endeavour is not onely to convict this man, but by conviction and disabling of his credit, to undermine that which hath been acted by the Parliament upon his Testimony, and other concurrent Testimonies, not only in passing Votes, but in passing an Act of Parliament to sell an Estate.
That there was nothing objected against the credit of this witness, so long as there was any other stone to turn, though there were other endevors used in Parliament to prevent the Sale of the Lord Cravens Estate, so that when all other Refuges failed, then they make use of this Indictment of Perjury, and so hope to undermine the Act of Parliament; Though Faulconer might have some extravigance, yet you see what his part was to Act, to dissemble that he was not what he was, and it may be when he was amongst the God-dammees, and such kind of men, it was his part to seem to be what most conduced to his end, [Like themselves,] For a man as he was imployed must twine himself into all shapes, and though not drink a health, yet sometimes hold a candle to the Devil; That they acknowledge the charge in part, and would lay it in words, not in substance, and therefore not strictly in the Letter true.
That it was proved that the first Petition was to serve the King, as they formerly had served his Father, and they served his Father against the Parliament: so their offer must needs be, to be entertained to serve the King against the Parliament.
That it is a sad case that this man for so many services performed by him for the Commonwealth, and setlements grounded upon his information, must be blasted here by an artificial Indictment a great while after.
And if he shall after all this be convicted of perjury, it will be a discouragement for all men to undertake the like imployment for the future.
And lastly, The Counsel for Faulconer did offer; That if there be a mistake in what he hath sworn, yet it appears not to be maliciously or corruptly done, and that therefore the Jury ought to find for Faulconer.
The Reply by the Counsel on the behalf of the Commonwealth against Faulconer, was to this purpose following.
GEntlemen of the Jury, You have heard the defence that Faulconer The Reply against Faulconer. hath made; We have charged him, that he did take the Oath that was set down in the Indictment; They say, First, We have not proved it; Secondly, That he did not take it, but did take it in effect; And thirdly, If he did, it was not maliciously, nor corruptly; But not one of them hath said it is not false, no not one of their own Counsel; The evidence that hath been given for the most part, hath been to magnifie the service of this man that is now in question before you: We shall admit his services to be true, but this we shall be bold to say, that a man that is imployed beyond Sea, and gives good return of his service in some kind, That that will not give him License to make a false Accusation in another kind; and it is no Argument to say, that because this man was a Spie beyond the Sea, and did good service as a Spie, that therefore he did not give a false Information: In this he must not take a liberty to ruine any man by a false Oath: His service must not excuse him, if what he hath said be false.
And for what Mr. Bishop said concerning his Oath; for Mr. Bishop tells you, it is his fault if the words [Or to that effect] were not put down; if it were not, whose fault was it? It was mended by those whose Judgements and Consciences induced them to it: The Information he took was done by the Judgement of the Committee, and not by the direction of him that was a Minister, a Scribe to write, and not a Judge to dictate and correct: You have here two men of unquestionable truth and honesty every way (meaning Mr. Winslow, and Mr. Barners) that say positively he did swear it, and God forbid that we shall live to that day, that any man should be ruined upon a Deposition taken by the Judgement of a Clerk, to such or such effect; If we should come to such a peece of Justice, that a Deposition to such and such effect, and that taken by a Clerk, should come to cast a man, it is beyond an Oath of &c. For it is the Judges that must say what is the effect of an Oath, and not the Clerk that writes it: If a Clerk shall take an Oath, and he shall come and say, it is to this effect, never shall any man be free from him that by Perjury will ruine another man: It is proved unto you, it was read over to Faulconer, expresly mended in his sight, and sworn by him, and let the effect go with the &c. that went before it.
They objected to our witnesses, that Brisco had sold his Companions for twelve Stivers a day; that information had no other foundation then the saying of a Dutchman, that said so, or of an Englishman in a Dutch bottom; And what was testified, was what was said, and not what was known or sworn; they objected that Brisco would swear as well as another; that takes not off his Testimony; But what do they say concerning their own witness Bardsey, whom they have produced? He hath sworn in terminis, in effect with Drury, which you will not forget: He swore, that when the first Petition was drawing, it was moved by Faulconer 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 [Page 46] 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 [Page 47] 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.