THE Lord Craven's CASE, BRIEFLY STATED.  
LONDON, Printed by Tho. Newcomb, 1654.   

THE LORD CRAVENS Case briefly Stated.  

falconers Examination.  
Whosaith,  
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 Commonwealth of England, by the name of Barbarous and inhuman Rebels, either in England or Scotland, for the recovering of his just Rights, and re-instating him in his Throne, and deputed this Informant and colonel Drury to present the said Petition, who indeed drew the same. That when the Informant & some other Officers came to the Court at Breda, intending to present the said Petition immediately to the Kings hand, but finding the L. Craven very near to him, likewise the marquis of Mewcastle, 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, entreating him to present the Petition to the Queen of Bohemia, to present it to the K. of Scots: the said Lord Craven taking the petition, and reading the same cheerfully, 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 marquis of New castle, 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 afterward 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 enable 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 Informans 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.  
Richard Falconer.   

Colonel Hugh Reyleys Examination,  
Who saith,  
THat during the late Treaty at Breda, this Informant did oftentimes see the Load Craven with the now King of Scots in his Bedchamber, 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 Roterdam and Dunhagh, and back again, being employed, 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 Roterdam; 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 Reyley,   

Capt Kitchingmans Examination.  
Who saith,  
THat the said Captain Thomas Kitchingman in April and May 1650. saw the Lord Craven sever all 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 same time with the King of Scots at Breda, waiting upon the said King at his Table, and saw the L. Craven and the Earl of Oxford many times go into the withdrawing rooms after the said King. This Informant also saw the Lo. Craven and the E. of Oxford in the Bowling-alley in Breda Castle with the said King.  
Tho. Kitchingman.   
That the 6. of March 1650. the said three Informations were red in parliament, and thereupon the same day the Lord Cravens estate was voted to be confiscated, without hearing of him; the Lord Craven being then beyond the Seas by leave of parliament, where he had resided attending his Charge there ever since 1641.  
Neither was there at the passing of the Votes of Confiscation any Charge or Impeachment depending ●●ainst the Lord Craven either in parliament or elsewhere to which he might answer if called.  

Die Jovis 6 Martii 1650.  
REsolved by the Parliament, that the Lord Craven is an offender against the Commonwealth 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 Parliament 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 Traytors and Rebels.  
Resolved by the Parliament that the Estate of the Lord Craven be Confiscated accordingly.   
That five moneths after the said Votes of Confiscation, a Summons issued for the Lord Cravens coming over, which was published by Proclamation at Westminster-Hall and the Old Exchange, but no Summons ordered to his person,( though then residing in a State in amity with England) and if a failer( after personal summons) by the Law of England, itis but a seizure quo usque, no Confiscation or Forfeiture.  
That the Lord Craven and others on his behalf, long before the Bill did pass for sale of his estate, did by several Petitions to the parliament( remaining in the hands of Mr. Scobel Clerk of the parliament, ready to be produced.) humbly pray that he might be heard in his own defence the parliament being informed by the said petitions, that the Information given by Falconer against the Lord Craven was false, and that they were ready to prove it, praying the parliament to put the same into a way of examination, but could not obtain it.  
Whereupon the said Falconer was indicted( sitting the parliament) for Perjury in that Information of his against the Lord Craven, and the parliament made acquainted therewith, and that the Grand-Jury had found the Indictment; praying the parliament( again) by petition, that this business might be examined by the parliament, but it could not be obtained. Whereupon the said Falconer being shortly after brought to his Trial at the Upper-Bench Bar, for the perjury aforesaid,( in the presence of as great an appearance as hath been seen at any Trial in the Courts at Westminster) was after five hours trial found guilty of corrupt, wilful, false and malicious perjury in the Information aforesaid, as by the Verdict upon Record appears.  
And though it is not usual to say any thing to confirm the Verdict of a Jury, especially of such a Jury as this was, chosen by the Court, men of repute and estate in the County; yet considering the Notoriousness of the Perjury, and how infamous the person is upon whose single testimony an Estate of 12000 l. per annum hath been confiscated and sold. These particulars following are offered for further satisfaction.  
1. Colonel Drury, who( as the said Falconer mentioneth in his Information, was deputed with him to deliver the Petition at Breda) testified upon his oath in Court, that there was no such Petition drawn or presented by him and Falconer, as is mentioned in Falconers Information to be subscribed by about 30 Officers, and which was delivered by them to the Lord Craven to be presented to the King of Scots, wherein the parliament of England was called by the name of Barbarous and inhuman Rebels, or wherein there was the least mention made of the parliament. And for a confirmation of the truth of his testimony he produced in Court the very Original petition of Falconers own hand-writing: which being then red in Court in the presence of Falconer, he offered not in the least manner to except against it, nor indeed could he, when Falconer was produced against Falconer. The Petition was in these words following,  

May it please your Majesty,  
THe great sense we have always had of your Majesties present condition, bath been the prime cause of our long silence; but now our necessities are grown so great and insupportable, that we are enforced 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 royal Father's service: Nor no less willing and ready to prosecute the same in what your Majesty shall command: Most humbly petitioning your royal Order, that some course may be taken for our present subsistence, that our future endeavours may not be butted in that unavoidable calamity, which our loyalty hath reduced us unto.  
And we shall cordially pray for your Majesty.   
There were three other Witnesses produced, who likewise subscribed the Petition at Breda, all of them confirming the Testimony of Drury; and withall informing the Court that they were then in a starving condition, and that which they petitioned for was merely to discharge heir scores which they had run into at their Landlords at Breda, which the Burgomaster of the said Town afterwards discharged for them.  
As to the infamy of the said Falconer, 

1. It was proved at the Trial by testimony of good credit, that the said Falconer said, 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 Falconer shall never die.  
2. It was proved in Court by testimony of some of the Inhabitants of Petersfield, That he drank a health to the Devil upon his knees, in the market-place there.  
3. It was proved likewise in Court, that he frequently said, our Saviour Christ was a bastard, and the Virgin Mary a whore.  
4. Proved also that he gave a man 20 s. in gold, and would have had him to consent to permit him to Bugger him, saying, Dam him, sink him, He would Bugger his soul to hell.  
5. That he was in Alisbury-Jaile for suspicion of Felony, before he was employed as a Spy into Holland, and his partner committed there with him was hanged, proved in Court by the Jailor of Alisbury; And after he came over, he was committed to Newgate likewise for suspicion of Felonny, and divers Charges against him proved in Court by Mr. Powel one of the Iustices of peace, who took his Examination upon his Commitment.  
6. It was likewise proved in Court, his personating of other men, and his counterfeiting of hands to get money.  
7. It was confessed by his own Witnesses at the said Trial, that Falconer was purposely employed into Holland as a Spy, and proved by other witnesses that he had a reward; and proved also by Mr. Woolridge of Clements-Inne, what he said to him of the great reward he did expect for his information against the Lord Craven.    
As for the other two witnesses, Kitchingman and Riley, they depose nothing as to the said Petition pretended to be delivered at Breda: They only informing that the Lord Craven was at Breda, and frequently in the presence of the King of Scots there, which certainly can be no crime to confiscate any mans estate; The King of Scots coming out of England to Breda in Holland, where the Lord Craven was by command of his Generals under whom he had a Charge, and where also he had resided by leave from the parliament ever since the beginning of the war in England. Besides, there is not the least proof by these witnesses, that the Lord Craven said one word, or did one dead against the parliament of the Commonwealth of England.  
Whereas in the Votes of Confiscation it is expressed, That the Lord Craven is voted an offend or within the Declaration of the 24. of August 1649. whereupon his estate was confiscated,  
First, it is to be observed, that there was no Act nor Ordinance which( as the case stood with the Lord Craven) could bring him within the reach of Confiscation, and thereupon resort was had to the said declaratory Vote.  
Secondly, That this Declaration was made merely in reference to Ireland, appears by the Letters dated the 15. of August 1649. red that day in the House from Sir charles coat, when that declaratory Vote and several other Votes in reference to Ireland passed: In one of whose Letters then red in parliament, Sir charles coat had this passage, That the parliaments interest in those parts was in danger to be wholly lost, and the Forces under his command likely to be ruined and destroyed by a numerous party of English and Scots under the conduct of the Lord as Ards, &c.  
Upon the reading of which Letters the said Vote did pass, which in this Case is made use of as a Declaratory Law to confiscate the Lord Cravens Estate, but is only entred in the Journal of parliament as a Resolve upon the question, without ever being reduced into a Law, or publication made thereof, to the end all the subjects of this State might take notice of their concernment therein, as a Law whereupon depended the forfeiture of life and estate. The Vote, as entred in the Journal, follows.  

Die Veneris, 24 August, 1649.  
Mr Robinson Reports from the Council of State a Letter from Sir charles coat, from London-Derry, of the 15 of August, 1649. and another of the 14 instant, with Articles of Agreement between general own Oneal, and Colonel Richard coat, in the behalf of Sir charles coat, Lord President of Conaught, Dat. 22 May, 1649. which were all this Day red.  
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 & 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 Traytors 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 proseded against by a Court-Martial there.   
And that it may the more clearly appear whether this Vote was intended only as to Ireland, this ensuing Order made at the same time is offered to consideration, viz.  

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.   
How far forth then this Declaratory Vote could concern the Lord Craven, who never served the parliament of England in Ireland, nor ever betrayed his trust there, but all these troublesome times resided by leave of parliament beyond seas where his Charge was, is submitted to judgement.  
It is humbly prayed on the behalf of the Lord Craven, That his Petition remonstrating his unparalleled sufferings may be red in parliament, and put into a speedy way of examination; that the honour and justice of this parliament may be thereby manifested, the Petitioner relieved, and the People of this Nation rejoice to see a Foundation settled upon principles of Justice, by which only Nations can prosper and subsist, and the people be made happy in their Governors.  
FINIS.