House of Commons Journal Volume 5: 17 December 1646

Die Jovis, 17 Decembris, 1646.

Prayers.

Treasurers at Christ Church, &c.

ORDERED, &c. That Colonel Manwaringe be injoined and hereby required, to send a Guard to Christ Church, or to such Place where the Treasurers there shall make Payments, to safeguard the Treasurers and Treasure there, that they may with Safety attend the Service of paying the Monies to the distressed People, according to Orders and Lists passed both Houses.

Ordered, &c. That the Committee at Goldsmiths Hall do forthwith pay Two thousand Pounds, out of the Monies charged upon that Committee, by former Orders and Ordinances of both Houses; for the Pay of divers distressed poor People, according to Lists presented and passed both Houses to the Treasurers at Christ Church.

Ordered, &c. That the Commissioners of Excise do forthwith pay Two thousand Pounds to the Treasurers at Christ Church, out of the Ten thousand Pounds charged upon the Receipts of the Excise; for the Pay of divers distressed poor People, according to Lists presented and passed both Houses.

Durham Petition.

Ordered, &c. That the Petition of the Bishoprick of Durham be read on Saturday Morning next.

Privilege Reflections on a Member.

The House being informed, That Mr. Wm. Drake was at the Door.

He was called in: And, being asked, What he knew concerning the Words said to be spoken by Sir John Evelyn, concerning the Bringing-up of the Army to the City, to quell the Mechanicks; Mr. Wm. Drake faith, That he was in Company with some Neighbours of his, Citizens, with whom there was a Member of this House: They were discoursing together; and he, sitting next the Member, told him, That he heard a slying Report in the Town, that a Motion should be made by a Member of the House of Commons, concerning the Bringing-up of the Army to the City: "I pray you was there any such thing, or not?" The Member answered, That there was no such thing moved in the House; only a Gentleman in the House spake in Passion to his Friend, that sat by him, some Words to that Purpose: That no Member was named: That he heard not, who the Member was; nor told Mr. Rycrofte who it was.

Being asked, Who were then in Company with him: he faith, Mr. Thomas Browne, Mr. Valentine Fighe, Mr. Lawrence Brindley, Mr. Crawley, and Colonel Barton, were present; but he thinks they minded not the Discourse: The Member's Name, with whom he discoursed, was Mr. Gott.

Being asked, Of whom he first heard this flying Report; he answered, He conceives, that it is the Liberty of the Subject not to accuse Himself, nor his Friends, unless a formal Charge be brought in against him; and he be brought in as a Witness.

The House commanded him to withdraw.

Being called in again; he was asked, To what End the Army was to be brought-up: He faith, He cannot expressly tell; but he heard it was upon some Discontent taken by the House upon the Citizens Coming-down, upon the illegal Commitment of Three of their Members: and that it was to awe the City, or to that Effect.

Being asked, If it were not "to quell the mechanick Citizens;" he faith, He cannot tell the express Words; but that it was something to that Purpose.

Mr. Drake withdrew.

Resolved, &c. That Mr. Wm. Drake be enjoined by Mr. Speaker to tell, Who it was that told him, That a Motion was made to bring-up the Army.

Mr. Drake was called in again: And Mr. Speaker enjoined him to tell, Who it was that told him of the Motion to bring-up the Army. He said, He could do nothing, nor durst do any thing, that should intrench upon his Conscience, or against the Covenant: And he is verily persuaded in his Conscience, that he ought not to accuse Himself, or his Friends, unless he be brought in as a Witness: And he desired the House would not enjoin him to answer that he conceives against his Conscience and the Covenant.

Being asked again, Whether he will answer to that Question, or not; he answered, He beseecheth the House to excuse him; he dare not do it.

Resolved, &c. That Mr. Drake shall be asked the Time and Place when these Words were spoken, that are said to be spoken by a Member of this House; and told him by a Member of this House.

Resolved, &c. That Mr. Speaker shall acquaint Mr. Drake with the Danger of not informing the House of the Author of this Rumour; and that, if he do not produce the Author, by the Law of the Land he is to be taken to be the Author; and the Inconveniencies, to which the Author will be liable, will fall upon him: And that Mr. Drake's Information be read to him.

Mr. Drake was again called in: And Mr. Speaker, according to Order, asked him, What was the Place, and When was the Time, that the Words informed to be spoken by a Member of this House, were told him by a Member of this House. He faith, The Place was the Dog Tavern; the Time, on Monday was Sevennight, in the Afternoon about Five or Six of the Clock.

His Information, as it was taken, was read to him: And he agreed to it; and withdrew.

Mr. Drake was called in again: And Mr. Speaker acquainted him, That the House had dealt tenderly with him in this Business; and asked him, if he had considered of what was said to him; in what Danger he brought himself; and how it was against his own Principle of not accusing Himself, not to name the Author: And further acquainted him, that he is called here to testify the Truth: And asked him, If he would yet answer to the Question, Who it was that first told him those Words. He faith, That he hath advised with his Friend concerning the Business, and the Privileges of this House; and that his Friend had now given him Leave to name him; and that it was one Mr. Dr. Awdlyn, a Doctor of Physick, who is now without at the Door, that told him of it.

Privilege-Reflections on a Member.

Being asked, What it was that Dr. Awdlyn had told him concerning this Business; he faith, he cannot give the House a particular Account, What the Words were: He hath a bad Memory: But it was concerning the Bringing-up of the Army, upon a Discontent at the Comingdown of the Citizens; but Dr. Awdlyn hath hinted something to him; that it was something about quelling the mechanick Citizens: And this was told him, coming along, in the Street, between Temple Bar and the Strand, on Monday in the Afternoon at Two of the Clock; and that he never heard of it before.

Dr. Awdlyn, being at the Door, was called in: And being asked, What Discourse he had with Mr. Drake, concerning the Bringing-up of the Army; he faith, That this Discourse was by way of Inquiry; he having heard some Words spoken by one Mr. Thompson, a Cambridgeshire Gentleman, and a Justice of Peace (as he hears) in Major Leigh's Shop, on Monday Sevennight, in the Morning, concerning the Coming-up of the Army, upon a Discontent taken at the Coming-down of the Citizens.

Being asked, Whether Mr. Thompson mentioned any thing concerning Sir John Evelyn, or not; he faith, Mr. Thompson did intimate something concerning Sir John Evelyn: And faith further, that he knows not Mr. Thompson; and that he is a Stranger to him.

Being asked, What Reply was made to Mr. Thompson; and, Whether Major Leigh made any Reply to him, or not; he faith, He knows not what Major Leigh said; it is now fallen from his Memory: He thought it would have died; and that he should have heard no more of it: Further desired, That himself might set down what he said in Writing.

Resolved, &c. That the further Examination of the Information, concerning the Words reported to be spoken by Sir John Evelyn, be Committed.

Mr. Reynolds, Lieutenant-General Cromwell, Sir Wm. Lewes, Sir Philip Stapleton, Sir Dudley North, Mr. Holles, Mr. Nath. Bacon, Mr. Francis Bacon, Sir Arthur Haselrigg, Mr. Swinsen, Mr. John Corbett, Mr. Tate, Mr. Weaver, Colonel Harley, Mr. Ellis, Mr. Boys, Mr. Knightley, Mr. Whittacre, Mr. Salwaye, Sir John Holland, Mr. Clive, Mr. Gourdon, Mr. Lisle, Mr. Jesson, Mr. Wm. Pierrepont, Mr. Leman, Sir Walter Erle, Sir Anthony Irby, Mr. Nicoll, Mr. Grimston, Mr. Robert Goodwyn, Colonel Davyes, Mr. John Nelthorpe, Mr. John Browne, Colonel Venn, Mr. Alderman Pennington, Mr. Edward Stephens;

This Committee, or any Five of them, are to examine the whole Business of the Words reported to be spoken by Sir John Evelyn, a Member of this House: And have Power to send for Parties, Papers, and Witnesses: And are to meet upon it To-morrow at Two of the Clock in the Afternoon, in the Star Chamber.

Treaty with Scotland.

Upon the Report of the Names of fit Persons to be Hostages for the Kingdom of England, According to Articles agreed between the Committees of both Houses of the Parliament of England, and the Commissioners of the Kingdom of Scotland;

It is Resolved, &c. That this House doth approve of Sir Wm. Selby, of Berwick, in the County of Northumberland, Knight, to be one of the said Hostages.

Resolved, &c. That this House doth approve of Raph de la Vale, of Seaton de la Vale, in the County of Northumberland, Esquire, to be one of the said Hostages.

Resolved, &c. That this House doth approve of Sir George Vane of Rogerley, in the County Palatine of Durham, Knight, to be one of the said Hostages.

Resolved, &c. That this House doth approve of Sir Edward Loftus, de Midlam, Vic. Ely, in the County of York, to be one of the said Hostages.

Resolved, &c. That this House doth approve of Sir Thomas Trollop Baronet, in the County of Lincolne, to be one of the said Hostages.

Resolved, &c. That this House doth approve of Henry Mildmay, of Graces, Esquire, to be one of the said Hostages.

Resolved, &c. That Sir George Vane be excused: And that this House doth nominate and approve of Sir Wm. Brownlowe to be one of the said Hostages.

The Lords Concurrence to be desired herein.

Scotch Affairs.

Ordered, upon the Question, That, To-morrow Morning, the first Business, the House do proceed in the Consideration of the Remainder of the Paper reported from the Commissioners of Scotland, by Sir Henry Vane junior, on Saturday last, notwithstanding any former Order.

Leave of Absence.

Ordered, That Colonel Ireton have Leave to go out of Town with the Generals.