Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Saturday, 18 October, 1656.
ORDERED, That Gerard Gore and Hester Gore be inserted into a Bill for Naturalization.
Privilege- Charge against a Member.
Colonel Shapcott reports from the Committee to whom the Articles exhibited against Thomas Burton Esquire, a Member of the House, was referred, That after the Committee had read the Order of the House, with the Articles and Certificates, Anthony Hilary, the Informer, was demanded to answer unto these following Questions; viz.
1. What he knew of his own Knowlege, concerning the Articles.
2. What Witnesses he had to prove the Charge, and whether he would undertake to bear the Witnesses Charges, if sent for.
3. What the Place of his Habitation was; and what Children and Estate he had; and of what Profession he was; and what was the Occasion that brought him up to London at this time.
4. Whether, in the first Insurrection in the North and West, he did not inform Mr. Secretary and MajorGeneral Lilborne of an Intention of some Persons in the North, to rise up in Arms; and whether he was not employed by Major-General Lilborne, for the finding of them out.
To the Questions, he made this particular Answer:
To the 1. That he could inform nothing of his own Knowlege.
To the 2. That he had Nine Witnesses; and named them; Eight whereof live in Apleby, and one in Kendall in Westmorland: But said, he could not be at the Charge to bring them unto London.
To the 3. That his Habitation was at Mollick in Yorkshire: That he had a Wife and Two Children; and rented a Farm worth Eighteen Pounds by the Year: That he was of no Profession; and that the Occasion of his coming to London at this Time, was to make out a Discovery at Worcester-House.
To the 4. Confessed the Whole.
Major-General Lilborne gave this Account unto the Committee: That the Informer Thomas Hillary, in the last Insurrection, abused Mr. Secretary and himself, by his false Information against several Persons, who, upon his great Undertakings, was employed by himself to make a Discovery: And to that Purpose had Authority, and the Assistance of Soldiers: But all that was done by the said Hilary was, the turning of a Countryman out of his Possession, and keeping of it himself, or was kept for his Use; whereupon he was committed to the Marshal: And it was the Opinion of the said Major-General Lilborne, that he was a very loose Fellow.
The Question being put, That Thomas Burton Esquire is guilty of any the Matters laid to his Charge, by the Accusation of Anthony Hillary;
It passed in the Negative.
A Person committed.
Resolved, That Anthony Hilary do stand committed, during the Pleasure of the House.
Resolved, That the said Anthony Hilary do stand committed to Newgate, during the Pleasure of the House.
Resolved, That the Serjeant at Arms, attending this House, do take the said Anthony Hilary into his Custody; and deliver him over to the Keeper of Newgate.
And accordingly several Warrants were issued under Mr. Speaker's Hand, to the Effect following; viz.
BY virtue of an Order and Resolution of the Parliament, made this present Day, These are to will and require you to receive into your Custody, from the Hands of Edward Birkehead Esquire, Serjeant at Arms attending the Parliament, the Body of Anthony Hilary; and him to keep in safe Custody, in your Prison of Newgate, during the Pleasure of the Parliament; and until you shall receive other Warrant from the Parliament for his Discharge. Hereof you are not to fail, as you will answer the contrary, at your Peril: And this shall be your Warrant in that Behalf. Given under my Hand, this 18th Day of October 1656.
To the Keeper of the Prison of Newgate.
BY virtue of an Order and Resolution of the Parliament bearing Date this Day, These are to will and require you to take into your Custody the Body of Anthony Hilary; and him to convey and deliver into the Custody of the Keeper of Newgate, to be by him safely kept in his said Prison, during the Pleasure of the Parliament. Hereof you are not to fail: And for so doing this shall be your Warrant. Given under my Hand, this 18th of October 1656.
To Edward Birkhead Esquire, Serjeant at Arms, attending the Parliament.
The House, according to former Order, resumed the Debate upon the Question, whether the Bill for Registers shall have any Retrospect to any thing already done.
Ordered, That a Committee be appointed to consider of the present Debate touching Incumbrances; and to offer their Opinion therein to the House; and in the mean time this Debate be adjourned: Viz. to Mr. AttorneyGeneral, Mr. Solicitor-General, Lord Chief Justice Glyn, Mr. Robinson, Mr. Bampfield, Colonel Rous, MajorGeneral Boteler, Sir Gilbert Pickering, Master of the Rolls, Mr. Baron Parker, Mr. Attorney of the Duchy, Mr. Cary, Mr. Yong, Major-General Berrey, General Disbrow, Major-General Whaley, Colonel Sidenham, Mr. James Ashe, Mr. Reynell, Lord Lambert, Mr. Secretary Thurloe, Lord Commissioner Fiennes, Lord Strickland, Colonel Salmon, Colonel Clerk, Colonel Morgan, Mr. Fowell, Sir Sam. Sleigh, Mr. Wakering, Mr. Crooke, Colonel Cock, Major Audley, Major Burton, Mr. Owen, Colonel Markham, Lord Commissioner Whitelock, Colonel Purefoy, Lord Commissioner Lisle, Captain Mason, Colonel John Jones, Mr. Butler, Mr. Hopkins: And all that come, to have Voices: And are to meet on Monday next, at Two of the Clock in the Afternoon, in the Painted Chamber.