House of Commons Journal Volume 8: 13 January 1662

Lunæ, 13 die Januarii, 13° Car. Regis.

Norwich Stuffs.

ORDERED, That the Committee to whom the Bill for regulating the Making of Stuffs in Norwich and Norfolke was committed, be revived; and do meet in the Exchequer Chamber, To-morrow in the Afternoon, at Two of the Clock.

Privilege- Persons discharged.

A Petition of William Deabne, on the Behalf of himself, and William Barrington, Samuell Roper, Richard Knight, Arthur Butterworth, Richard Loveland, and John Bowman, in Custody of the Serjeant at Arms attending this House, for Breach of Privilege, was this Day read.

And William Deabne, being brought to the Bar of this House; and being on his Knees; and having acknowledged his Fault, and Breach of Privilege; and humbly begged Pardon of this House, and of the Members that were affronted and abused;

Ordered, That the same William Deabne, at the Request of the Members that were abused, who were pleased to remit the Offence, and high Breach of Privilege committed against them by the said William Deabne, Wm. Barrington, Samuell Roper, Richard Knight, Arthur Butterworth, Richard Loveland, and John Bowman, that were with him committed to the Serjeant at Arms; that the said Deabne, and the other Persons aforesaid, be discharged of their Commitment, paying their Fees.

Confirming Acts.

A Bill for confirming several Acts therein mentioned, made by the last Convention, was this Day read the First time.

Resolved, That this Bill be read the Second time To-morrow Morning.

Nottingham Inhabitants.

Ordered, That the Bill for settling the Differences between the Inhabitants of Nottingham, and others, be read To-morrow Morning, the First time.

Gaming.

A Bill to restrain excessive Gaming, was this Day read the First time.

Resolved, That this Bill be read again, the Second time.

Powell's Estate.

The further Hearing and Debate of the Cause, upon the ingrossed Bill, sent from the Lords, to make void certain Fines unduly procured to be levied by Sir Edward Powell Knight and Baronet, and Dame Mary his Wife, being, by Order of the Sixteenth of December last, adjourned to this Day;

The House, accordingly, resumed the further Hearing and Debate thereof.

And the Parties concerned, with their Counsel, being called in to the Bar of this House;

The Counsel for Mr. Levingston and his Wife, and those who claim as Purchasers under Mr. Levingston, were first, at large, heard; and, as at the last Hearing, so they did now again, insist upon the great Authority, Solemnity, and Sacredness of Fines; and that no Agreement, or Evidence of Fraud or Force, ought to be admitted against the Record of a Fine: And cited several Cases, and offered several Exceptions, both as to the Matter and Form of the Bill: And, upon the whole Matter, did demur to the Jurisdiction of this House, as to this Cause.

To which the Counsel for Sir Robert Crooke and his Lady, and the other Coheirs of Sir Peter Vanlore, having replied, and given Answer, to the several Cases cited, and Matters objected; and offering several Cases and Precedents, where this House had admitted and passed Bills, to make void Fines in Cases of like Nature, upon Matter of Fraud and Force;

The House, being satisfied, That they had full Power and Jurisdiction of the Cause, directed the Counsel for the said Coheirs to proceed to the Proof of the Matter of Fact, in relation to the Fraud and Force in obtaining the said Fines.

Which they did accordingly: And several Witnesses being called in, and examined at the Bar of the House, in the Presence of the Parties, and their Counsel, on both Sides; and also cross-examined;

And Mr. Levingston, and the Purchasers, being called upon to produce such Witnesses as they had; and to make what Defence they could against the Evidence: And pretending, they did not except the Matter of Fact, as to the Fraud and Force, to come into Examination this Day: And that Mr. Levingston alledging, his Witnesses were not present, although they were summoned to attend; and craving a further Day;

But, it appearing to the House, that Mr. Levingston had taken a Warrant from Mr. Speaker, about Six Weeks since, to summon his Witnesses; but had not, by his own Confession, given them any Notice till within this Week; and heard not from them when they would attend: And the House having allotted this Day particularly for this Cause, and denied any other Business, though of publick Concernment, to interpose; but, to avoid That, had sat on Saturday in the Afternoon, upon the Business of the Publick;

The Parties, with their Counsel, being withdrawn;

The Question was put, Whether this House should allow another Day for the Hearing of this Cause depending upon the Bill, sent from the Lords, to make void the Fines unduly levied by Sir Edward Powell and his Lady;

The House was divided.

And the Yeas went forth.

So it passed in the Negative.

And the Parties, with their Counsel, being again called in; and Mr. Speaker, by Direction of the House, offering to Mr. Levingston, and their Purchasers, and their Counsel, to hear their Witnesses, or what further they had to say;

But they waving to make any further Defence, alledging they were not prepared;

And being withdrawn;

It was Resolved, upon the Question, That the ingrossed Bill, sent from the Lords, to make void certain Fines unduly obtained to be levied by Sir Edward Powell, and his Lady, be read the Third time on This-day-sevennight.

And then the House adjourned till To-morrow Morning at Eight of the Clock.