DERBY, AND OF CHARLOTTE DAUGHTER OF ́ CLAUDE DUKE DE LA TREMOUILLE, WHOSE HUSBAND JAMES WAS BEHEADED AT BOL'TON, Xv. OCTOB. MDCLII. [50 in the book] FOR STRENUOUSLY ADHERING TO CHARLES " THE SECOND, WHO REFUSED A BILL PASSED ( UNANIMOUSLY BY BOTH HOUSES OF PARLIAMENT FOR RESTORING TO HIS FAMILY < THE ESTATE LOST BY HIS LOYALTY TO HIM. MDCCXXXII.'" [So in the book]. Tindal's Rapin, fol. ed. 1743, vol. 2, p. 586, note (e). 191. The Trial of Major RICHARD FAULCONER, at the Upper Bench Bar in Westminster-hall, upon an Indictment for Perjury: 5 CHARLES II. A. D. 1653. THIS Trial, in the former Editions, appears (it seems) had not perfect knowledge of the to have been extracted from a Tract, entitled, | proceedings in Parliament, in the Lord Craven's Case, might with some of the auditory, at so A true and perfect NARRATIVE great a Trial, pass as certain truths: it is thereOf the several Proceedings in the Case confore thought necessary to publish a Narrative, cerning the LORD CRAVEN, before the Commissioners for Sequestrations and Composi-acknowledged that no exception was taken to clear those mistakes; and yet it must be tions sitting at Haberdashers-hall, the Council of State, the Parliament: And upon the Indictment of Perjury, preferred and found against Major RICHARD FAUICONER, the single and material Witness against the Lord Craven, concerning the Petition to the King of Scots, which as the said Faulconer pretended, was promoted at Breda by the Lord Craven, and wherein, as the said Faulconer, to make his exception to Faulconer's Depodeposed, the Parliament of England was stiled by the name of "Barbarous and Inhuman Rebels." Shortly after which Oath, the Lord Craven's Estate was voted by Parliament to be confiscate. London: Printed by R. White. 1653. The whole of this Narrative, together with the Preface to it, is here given. To the READER. At the Trial of Richard Faulconer, upon an Indictment of Ferjury at the Upper Bench bar in Westminster-Hall, in the Case of the Lord Craven, it was there publicly 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 endeavours in Parliament before the Lord Craven's 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 man's Information, now must he be blasted by an arti ficial Indictinent a great while after." These passages thus let fall by those who 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 Craven's Estate did pass; for that it was impossible for the Lord Craven, being Votes did pass, to be here upon an hour's warn near 800 miles distant in Germany when those sition: the Parliament passing the Votes of Confiscation the same day Faulconer's 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 transhath been made from time to time unto the actions in this business, and what application Parliament, by, and on the behalf of the Lord Craven, after the confiscation, and before the Bill for Sale of the Lord Craven's Estate did pass, that the falsity of this man's Oath might be examined in Parliament, or such other way as the Parliament should please to direct and appoint; which the Parliament, after many applications to that purpose, not thinking fit to give way unto; an indictment of Perjory 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 Craven's 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 Subpoena 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: | present the said Petition, who indeed drew the and before the next sessions the Bill for Sale of the Lord Craven's Estate did pass. ANTH. CRAVEN. A NARRATIVE of the Proceedings in the LORD CRAVEN'S Case. same. That when the informant and some other officers came to the court at Breda, intending to present the said Petition immediately to the king's hand, but finding the lord Craven very near to him, likewise the marquis of Newcastle, who presented his brother sir Aad. forasmuch as the said captain Bishop (the prosecutor of the Lord Craven, and a contractor for a good part of his Estate) appeared more than a witness at the Trial of Faulconer, and hath since that Verdict endea-Charles Cavendish to kiss the said king's hand voured to obstruct Judgment upon the same, the evening before the said king's departure, against so notorious and infamous a person: it who this informant saw kiss the king's hand is further thought necessary to publish the pro- accordingly; the lord Wilmot, the earl of ceedings at the Trial of the said Faulconer, Cleveland, the queen of Bohemia, the lord that the world (as well as the Jury) may judge | Gerrard, &c. and a great bustle of business; of the credit of this man's testimony against the this informant, with colonel Drury, applied Lord Craven, upon which so heavy a Judgment themselves to the lord Craven, intreating him as that of Confiscation was grounded: and to present the Petition to the queen of Bohewith what indifferency the said proceedings at mia, to present it to the king of Scots; the the Trial are related, it is submitted to the said lord Craven taking the Petition, and Judgment of the gentlemen of the several Inns reading the same chearfully, said to colonel of Courts, and practisers of the law then present Drury and this informant, "There is the in Court, and to all others who heard and took queen of Bobemia, deliver it to her, and I will Notes at the said Trial. 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 marquis 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 king's order upon their Petition, and thereby to enable them to follow the said king in the prosecution of these wars against the of their aforesaid Petition: that this informant parliament of England, which was the effect saw the lord Craven very often and familiar with the said king, and enter with the said king into the withdrawing chamber, and stayed there, the last night the said king was at Breda, very late. Major Richard Faulconer being employed as a spy 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 10th of February 1651, the said Faulconer was sworn before the said, commissioners to the Information following, viz. 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 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 Orange's. 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 30 in number, made a Petition to the said King, to entertain them to fight for him against the commonwealth of England, by the name of "Barbarous and Inhuman 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 RICHARD FAULCONER. Jur. 10 Feb. 1651. Coram nobis, Samuel Colonel Hugh Reyly was likewise sworn before the said Commissioners at the same time, whose Information was in these words: 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 see the Lord Craven with the now king of Scots in his bed-chainber, and also walked abroad with | March 4, 1651. The commissioners at him, there being no man more conversant with Haberdashers-Hall, having taken into cousithe king than he. That the said Lord Craven deration the said Informations of Faulconer's, during the said treaty, did twice go to Rotter-Reyly's, and Kitchingman's, were not satisfied in dam and Dunhagh, and back again, being their judgments that they could sequester the lord employed, as was commonly reported at court Craven thereupon; wherefore they presented there, by the said king. That the said Lord their doubt in that case to the Council of State, Craven had a charge from the king to look to which Doubt or Quere of theirs, as it is one Mrs. Barlow, who (as is reported and he corded, and recited in an Order of the Counal believes to be true) had a child by the King of of State, was as followeth : 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. HUGH REYLY. Jur. 10 Feb 1651. Samuel Moyer, James Feb. 20. Captain Thomas Kitchingman was ten days after sworn before the said Commissioners, whose Information was as followeth, viz. 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, 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 in formant also saw the earl of Oxford at the 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. THOMAS KITCHINGMAN, Jur. coram Commissionar. Feb. 20, 1651. "Tuesday, 4 Martij, 1651. At the Council of State at White-Hall. Upon perusal of the Depositions touching the lord Craven, pre sented to this Council from the Commissioners for Sequestrations, &c. sitting at Haberdasherball; and of their Certificate, wherein they seizing and securing the said lord's estate, but mention that they have given orders for the offer it as a doubt, whether the parliament had made it matter of Sequestration for any pers living beyond the seas, to hold correspondency with, or repair to the person of the now k of Scots, when he was beyond the seas; and desire it may be offered to the parliament for a rule, which may enable them to proceed to sequestration in that and other cases of like nature: It is ordered by the Council, that Mr. Attorney General do report this matter to the parliament; and in respect the retarding teemed justly sequesterable, tends much to the of sequestrations, where persons may be e 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. Ex GUALTER FROST, Secr." March 6, 1651. Mr. Prideaux, Attorney General, makes his report to the Parliament 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 4th March, and be also made a report of the three Informations be fore mentioned (viz.) Faulconer's, Reyly's, and Kitchingman's, all which were distinctly 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. Sir William Craven having notice that the lord Craven's 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 settled, were like to be concerned therein; desired Mr. Rushworth to go with him to the Commissioners at Haberdashers-lIail, 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 Wil liam 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 confi-seize and sequester all the estate real and perdent that they should never be deprived by those commissioners of that common justice of being heard before condemnation. "Resolved by the Parliament, 1. That the lord Craven is an offender against the com monwealth of England, within the Declaration of the 24 Aug. 1649, entitled A Declaration of the Commons assembled in Parliament, declaring all persons who have served the par liament of England in Ireland. and have betrayed their trust, or have or shall adhere to, or aid and assist Charles Stuart, son to the late king, to be traitors and rebels.' 2. That the estate of the lord Craven be confiscated accordingly. 3. That the commissioners for compounding be impowered and required to sonal of the said lord Craven, and to receive the rents, issues and profits thereof to the use of the commonwealth. 4. That the Commis sioners for compounding be impowered and required to seize and sequester into their pos session, the real and personal estate of all such persons as shall appear to them to be offenders within the Declaration of the 24th August 1649, aforesaid; and to receive and take the rents, issues and profits thereof, to the use of the Commonwealth. HEN. SCOBEL, Cler. Parl." Which Declaratory Vote of the house of commons, of the 24th of August, 1649, followeth in these words, viz. "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 Stuart, 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 traitors and rebels; and that all such officers as have so betrayed their trust, be proceeded against by a court-martial there." Sir William Craven and master Rushworth repaired again to the 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. a handsome opportunity to that member of the house, who had so long attended to deliver 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 Commonwealth of England. The humble Petition of sir William Craven, kut., and James Pickering, esq. commissioners deputed by the lord Craven, for the managing of his Estate in his absence, "Humbly sheweth, That your petitioners are informed that by a late Vote of this honoura ble house, the lord Craven is declared an of fender within the Declaration of the 24th of August 1619. Whereby his Estate is made liable to confiscation, and the commissioners for compounding are impowered 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 honourable 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 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 lord Craven's estate, upon which the house was divided; 24 were for resuming the debate, and 25 were against it; so it was carried by one Vote only not to resume the consideration of the said Votes of Confiscation. The Votes which passed that day in parliament were as followeth (viz.) Master Moyer returned this answer : "That it was not usual with them to condemn any man unbeard, that they had a full purpose to have given liberty to the lord Craven to make his Defence to the Informations given against him, but now their hands were tied up, for the Parliament had voted his Estate to be confiscated; and they were required to sequester all the Estate real and personal of the lord Craven's, to the use of the commonwealth.” Hereupon master Rushworth forthwith repaired to the Parliament, to inform himself of the proceedings against the lord Craven there: took a copy of master Attorney General's Report, the Informations aforesaid, and the votes of Confiscation thereupon; and immediately a Petition was drawn on the behalf of the lord Craven, in the name of sir William Craven, and James Pickering, esq. commissioners in- "Resolved by the parliament, that a Sumtrusted by the lord Craven for the manage-mons do issue forth for William lord Craven, rement of his Estate, which from the 12th of March to the 12th of June 1651, they endeavoured by their friends to get delivered in parliament, but could not obtain it, until the said 12th of June, that the house took into consideration the first Bill of Sale of Delinquents Estates. When the lord Craven's name being propounded to be inserted into the bill, it gave Thursday July 3, 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. quiring him to appear personally 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: That the place of his appearance be at the Parliament of the Commonwealth of England : That the day of his appearance be on the 3rd of Sept. 1651." The lord Craven hastens from Germany into Holland, and sends a 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 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 parliainent 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 Eng-immediately after he had his dispatch, fell sick land, upon the 3rd day of Sept. 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 3rd day of July 1651. Ordered by the parliament that the sergeant at arms attending the parliament do proclaim this Summons in Westminsterhall.-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. II. SCOBEL, Cl. Parl." beyond sea, and died 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 Petition, with the duplicates thereof so subscribed, as aforesaid, remained in the hands of several members of parliament, each of whom were desired to take the first opportunity that was offered to any of them, to present the sa.ne; Who from Octob. 1651, until 22d of June, 1652, though they often endeavoured it, and were daily attended therefore by Mr. Rushworth for above 7 months to4gether, 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 delin quent's estates, and the lord Craven's name being propounded to be inserted therein, gave a seasonable opportunity to have the lord Craven's Petition read; which was in these words: To the Supreme Authority, the Parliament of The said Vote of Summons being past months after confiscation, whereof the lord Craven had no notice, yet hav og got information of some former proceedings, in the parliament, against him and his estate, when he was far remote in Germany, did thereupon send a Petition by the foreign post, under the cover of the Dutch packet, directed to the parlia ment, 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 3rd of Sept. 1651, but the parliament thought not fit to permit the same to be read; by reason there was none present who could testify 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 : the Commonwealth of England; The humble Petition of William Lord Craven ; "Humbly sheweth; That upon the Information of major R. Faulconer, who acknowledg eth, 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 24th of those who had been under pay of the parliaAugust 1049, whereby it was declared, that ment 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 fiscate, and their persons to be proceeded against as traitors.-Thereupon the 6th of March 1651, 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. "Humbly sheweth; That the Petitioner, notwithstanding his care and endeavour to avoid giving any cause of offence to the parlia-adjudged traitors, and their estates to be conment, 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 ruin, 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 favourable unto him, as to give way he may by his friends and counsel be permitted to answer and set forth the truth and circumstances, not doubting but by this means he shall be able to clear his innocency, and give satisfaction to this honourable house. And your Petitioner shall pray, &c. WILLIAM CRAVEN." "The Petitioner saith, he is not guilty of the matter charged upon him, and humbly desir eth it may be taken into consideration. 1. That he went with consent of parliament be yond 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 upot |