House of Commons Journal Volume 7: 16 October 1656

Pages 439-440

Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.

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Page 439
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Thursday, the 16th of October, 1656.

Privilege- Charge against a Member.

MR. Speaker acquaints the House, That he had received a Paper of Articles against Thomas Burton Esquire, one of the Justices of Peace for the County of Westmerland, a Member of the House, from one Anthony Hillary, who was at the Door, and, by Order of the House, was called in;

And being come to the Bar, Mr. Speaker asking his Name; He answered, Anthony Hilary: And the Paper being shewed to him, he did acknowlege the Paper to have been exhibited by him; but his Name subscribed to it was not his Writing: He did justify the Matter in the Paper, according to Witnesses; and thereupon withdrew.

And the said Anthony Hillary being again called to the Bar; Mr. Speaker demanded, Of what Place he was: He answered, Of Marrick in Yorkshire: And, at the Bar, subscribed the Paper with his own Hand: And, after he was withdrawn, the said Paper was read.

Mr. Burton, thereupon, in his Place, gave an Answer to the Paper, denying the Substance and Circumstances of the Accusation contained in the Articles: And withdrew.

The Certificates of divers Justices of the Peace, Ministers, Gentlemen, and other Persons well-affected to the present Government, within the County of Westmerland, on the Behalf of Thomas Burton Esquire, one of the Justices of the Peace, and Members of Parliament for the said County: And a Certificate of the Mayor of Appleby, on the Behalf of the said Mr. Burton; were this Day read.

Ordered, That the said Paper of Articles, together with the said Certificates, be referred to a Committee; to examine the Matter, and report it to the House: Colonel Shapcott, Lord Commissioner Whitelock, Colonel Grosvenor, Major-General Boteler, Sir Theophilus Jones, Sir Gilbert Pickering, Major-General Howard, Mr. Lister, Mr. Briscoe, Major-General Packer, Mr. Bond, Mr. Downing, Colonel Jones, Mr. Wm. Fenwick, Lord Strickland, Mr. Robert Fenwick, Major-General Kelsey, Mr. Bamfeild, Mr. Bedford, Major-General Goffe, Mr. Gorges, Mr. Burton, Mr. Saunders, Colonel Rous, Mr. Solicitor, Colonel Bridges, Mr. Sam. Disbrow: And are to meet To-morrow in the Afternoon, at Two of the Clock, in the Exchequer-Chamber: With Power to send for Persons and Witnesses.

Leave of Absence.

Ordered, That Major Wagstaff have Leave to go into the Country for Fourteen Days.

Ordered, That Colonel Cox, of St. Albans, have Leave to go into the Country for Fourteen Days.

Peyton's Estate.

A Bill for enabling Mr. Robert Peyton and Algernon Peyton to sell Part of their Lands for Payment of their Debts, was this Day read the Second time; and, upon the Question, committed unto Mr. Secretary Thurloe, Colonel Jones, Colonel Philip Jones, Mr. Carey, Mr. Attorney of the Duchy, Major-General Packer, Mr. Downing, Major Burton, Mr. Aldworth, Mr. Hoskins, Mr. Bamfeild, Mr. Upton, Lord Commissioner Whitelock;

This Committee are to meet at Two of the Clock this Afternoon in the Duchy Chamber.

Court of Wards.

An Act for the Taking away of the Court of Wards and Liveries was this Day read the First time; and ordered to be read the Second time, on Monday Morning next, at Ten of the Clock.

Unnecessary Suits.

An Act for restraining unnecessary Suits upon Bonds or Bills, was this Day read the First time; and, upon the Question, it was ordered to be read the Second time on Tuesday Morning next.

Small Debts.

An Act for Recovery of small Debts, and relieving Persons in Cases of small Trespasses, within their respective Counties, was this Day read the First time; and, upon the Question, ordered to be read the Second time, on Wednesday Morning next.

Deane Forest.

Ordered, That it be referred to the Committee for Forests, to consider of Satisfaction to be given to the Inhabitants of the Forest of Deane, touching their Rights and Grievances.


Ordered, That it be referred to a Committee, to revise the Statutes touching wandering, idle, loose, and dissolute Persons, Beggars, Rogues, and Vagabonds: And to reduce them into one Law, with such Alterations and Additions as shall be necessary: Viz. to Mr. Bampfield, Mr. Shapcott, Mr. Fowell, Lord Whitelock.

Immoderate Living.

Ordered, That it be referred to the same Committee, to consider of, and provide, a Bill for Redress of the Evils by such Persons as live at very high Rates, and have no visible Estate, Profession, or Calling, suitable thereunto.

Ordered, That Mr. Recorder of London be added to this Committee.

Alehouses, &c.

Ordered, That the Committee for Alehouses have Power to offer to the House something for ascertaining and disposing, to the Use of the Poor, the Penalties and Forfeitures concerning Alehouses, and other the Offences referred to that Committee.


Ordered, That it be referred to the same Committee, to prepare a Bill to enable and require the Raising of a Stock for setting the Poor on Work.

War with Spaine.

Ordered, That the Declaration of the Grounds of the War with Spaine, be reported the first Business Tomorrow Morning.

A Narrative of the late Success which it pleased God to give some Part of the Fleet of this Commonwealth, upon the Spanish Coast, against the King of Spaine's West India Fleet, in its Return to Cadiz, was this Day read; and, upon the Question, passed: And ordered that his Highness the Lord Protector's Consent be desired thereunto.

Ordered, That the same Committee who attended his Highness with the former Narrative, do attend his Highness this Afternoon, at Two of the Clock, for his Consent, accordingly.