House of Commons Journal Volume 7: 23 January 1658

Saturday, the 23d January, 1657.

Ld. Comr Fynes' Speech.

ORDERED, That Mr. Speaker do report the Speech made by the Lord Commissioner Fynes, on Monday Morning next.

Clerk of the House.

The humble Representation of Henry Scobell, Clerk of the Parliament, was this Day read.

Ordered, That the Representation of Henry Scobell, Clerk of the Parliament, and the Act of Parliament thereunto annexed, be referred to the Committee to whom it was referred to consider of the Oath to be taken by the Clerk of the Parliament, and by the Clerk Assistant; and that the said Committee do sit this Afternoon, at Two of the Clock, in the Speaker's Chamber.

Ordered, That the Serjeant do go with the Mace into Westminster Hall, to acquaint all the Members of this House of the Long Robe, That the House enjoins them to attend the Service of this House.

Ordered, That Mr. Smythe, the Clerk of this House, be called in.

Ministers Maintenance.

Resolved, That Mr. Edmond Harvey, Mr. Gewen, Major Audley, Mr. Thurbarne, Major-General Packer, Mr. Barington, Mr. Lisborne, Colonel Castle, Mr. Whitegreave, Mr. Moody, Major-General Haynes, Sir Tho. Styles, Mr. Bankes, Mr. Duncombe, Major-General Bridge, Mr. Stone, Mr. Maidstone, Mr. Humphry Walcott, Mr. Tymbes, Colonel Carew Mildmay, Major Burton, Colonel Welden, be added to the Committee for Maintenance of Ministers.

Ld. Craven's Estate.

According to former Order, the Counsel of the Lord Craven attended the House; and were called in.

And the humble Petition of Wm. Lord Craven was this Day read.

An Order of the House of Peers, of the Tenth of May 1641, licensing the Lord Craven to depart the Kingdom, and to repair to his Charge in Holland, notwithstanding any former Order of this House to the contrary, was this Day read.

Ld. Craven's Estate.

Several Votes of this House, of the Twenty-fourth of August 1649, concerning Revolters from the Service of the Parliament, were this Day read.

Mr. Attorney-General's Report touching the Lord Craven, made the Sixth of May 1650; the Deposition of Mr. Tho. Kitchinman; the Information of Colonel Hugh Reyley; and the Information of Major Richard Fawconer; and also the Resolution of the Parliament thereupon; for confiscating the Estate of the said Lord Craven; were all this Day read.

The Proceedings in Parliament, of the Twelfth of June 1651, where, the Question being put, That the Lord Craven be put into the Bill of Sale then in Debate upon the Division of the House; it passed with the Negative, were also read.

The humble Petition of Sir William Craven Knight, and James Pickering Esquire, Commissioners deputed by the Lord Craven for managing his Estate in his Absence, formerly read the Twelfth of June 1651, was this Day again read.

The Proceedings in Parliament of Third July 1651, where the Question being propounded, That Leave be given to take the Vote touching the Lord Craven into Consideration again; upon a Division of the House, it passed with the Negative; and the Summons to be given to the Lord Craven, personally to appear before the Parliament of the Commonwealth of England at Westminster, upon the Third of September 1651; and other Proceedings of this House, of that Day, concerning the said Lord Craven, were also read.

The humble Petition of William Lord Craven, formerly read the Two-and-twentieth of June 1652, was this Day read again.

The Proceedings in Parliament of Two-and-twentieth June 1652, where, the Question being propounded, That Wm. Lord Craven be put into the Bill of Sale, then in Debate for his Lands to be sold; and the Question being put, That that Question should be then put; the House was divided: And it passed with the Affirmative. And the main Question being put; It was resolved, That Wm. Lord Craven be put into the said Bill, for his Lands to be sold, were also this Day read.

The humble Petition of Sir William Craven and Sir Edmond Sawyer Knights, who had been long intrusted by the Lord Craven in the Management of his Estate; which was formerly read in this House on the Third Day of August 1652; was now again read.

The Proceedings also of the Third of August 1652, whereby it was resolved, That William Lord Craven do stand in the Bill of Sale, were also read.

The Exemplification, dated the Twenty-eighth of November 1654, of the Verdict given in the Upper Bench at Westminster, in Easter Term 1653, Rotulo Fourth, whereby Major Richard Fawconer, upon a Trial, was convicted of Perjury, upon his Deposition against the Lord Craven, formerly read in Parliament, was this Day also read.

Upon the Desire of the Lord Craven's Counsel to have the Confession made by Richard Fawconer on his Deathbed, the Day before his Death, and written by him, and put under his own Hand and Seal, read; and that the Minister unto whom the said Confession was made, might be heard to attest the same;

The Counsel were commanded to withdraw.

And the Question being put; It was

Resolved, That the Confession made by Richard Fawconer, on his Death-bed, the Day before his Death, and written by him, and put under his own Hand and Seal, shall be read; and that the Minister, unto whom the said Confession was made, be called in, and heard what he can say, to attest and prove the same.

And the Lord Craven's Counsel and Solicitor were again called in: And one Mr. James Langley, Minister of George's Parish in Southwarke, was called; and came in with them.

A certain Paper, signed Richard Fawconer, under Seal, was produced by the Lord Craven's Counsel, and shewed to Mr. Langley: Who, being required to declare his Knowledge concerning the same, said;

That he knows the Paper: That the Name Richard Fawconer thereto subscribed, and the Seal thereon, were the proper Hand-writing and the Seal of the said Richard Fawconer; and also that the said Writing, purporting the said Fawconer's Confession, was all the said Fawconer's own Hand-writing: That he verily believes, Fawconer, at the Time of the Writing thereof, was of good, sound, and perfect Memory: That he came to Fawconer, being sent for to come to him by an Officer of the Upper-Bench Prison, he living near the Place, and being Minister of George's Parish in Southwarke: That he remembered Fawconer, and knew him formerly, he being his Cotemporary in Hart's Hall in Oxford: That Fawconer, of his own Accord, made these Confessions: And that one Mr. White, another Prisoner, was also present; and another, whom he had forgot: That he was with him the Third Day of April 1655; That Fawconer spoke of the Matter specified in the Paper, both before and after the Paper was written: That he desired Fawconer to put the same into Writing, because it was Matter of Concernment, and might fall from his Memory: That he never saw a Man shed more Tears, or undergo more Racks of Conscience, or lay himself more open in Prayer, than Fawconer, upon these Confessions: That none on the Behalf of the Lord Craven prompted Fawconer to it, to his Knowledge.

Whereupon the Lord Craven's Counsel, being heard upon this Evidence, withdrew.

The humble Petition of several Purchasers of Lands, late the Lord Craven's, was this Day read.

Ordered, That his Highness' Counsel at Law, and his Highness' Advocate, and the Counsel of the Purchasers of the Lord Craven's Estate, do attend, to be heard on this Day Sevennight.

Ordered, That Mr. Serjeant Earle, Dr. Walker, Dr. Turnor, Mr. Greene, Mr. Churchill, Mr. Tracie Pauncefoote, be appointed to attend this House on this Day Sevennight, as Counsel for the Commonwealth, and the Purchasers of the Lord Craven's Estate, against the said Lord Craven: And that the Purchasers may at that time bring any other Counsel to attend, and be heard, for them, if they shall think fit: And that Mr. Isaack Morgan be the Solicitor in this Cause, and do attend and instruct the Counsel to be ready on that Day.

Ordered, That the Lord Craven's Counsel, who attended this Day, and his Solicitor, may also attend again on this Day Sevennight, if they shall see Cause.

The House adjourned till Monday Morning, at Eight of the Clock.