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