House of Lords Journal Volume 15: 4 February 1693

DIE Sabbati, 4 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Memorandum, These Lords Spiritual were present at Prayers, but withdrew before the Debate.

PRAYERS.

Judges Leave to withdraw.

Leave was given to the Lord Chief Justice Holt, to be absent from this House, there being much Business to be dispatched at Guild Hall, London; and the other Judges had Leave to go to their Courts in Westminster Hall.

L. Sydney excused.

Thomas Bromfeild and Thomas Edwards attested, upon Oath, "That the Lord Sidney was not able to attend the House, being very sick."

Whereupon he was excused.

E. Lincoln excused.

Robert Clynton and William Osgodby attested, upon Oath, "That the Earl of Lincolne was not able to attend the House, being very ill, and not able to stir."

Whereupon he was excused.

E. Sussex excused.

Charles Price and John Edwards attested, upon Oath, "That the Earl of Sussex, after he went hence on Tuesday last, fell ill of the Gout, and hath kept his Bed ever since."

Whereupon he was excused.

House called.

Then, the House being called over, and all the Peers present that were here Yesterday:

Debate upon the Evidence against L. Mohun.

The House went into a Debate of the whole Evidence given in the Hall against Charles Lord Mohun; and the Questions asked by several Peers in the Hall of the Judges, and their Answers.

Method of Voting.

The Method of Voting used in the Lord Viscount Stafford's Trial was read, out of the Journal; and agreed, to use the same now.

The High Steward ordered to stand, and put off his Hat to each Lord as he asked their Vote.

And if the Prisoner should be acquitted, the High Steward was ordered to leave out the Words ["paying his Fees"].

Then the House adjourned, to robe, and resumed again.

And being called over, and all the Peers present;

House adjourned to Westm. Hall.

The House was adjourned into the Court below in Westminster Hall; and the Peers went thither in the same Method as before, except the Judges, who had Leave to be absent, and ordered to stay below.

Being come into the Hall, the House was resumed.

And, after Proclamation for Silence, the Lord High Steward said, "The House had heard all the Evidence; and now the Question was,

"Whether Charles Lord Mohun is Guilty of the Murder whereof he stands indicted, or Not Guilty?"

Peers give their Judgement.

To which the Peers severally gave their Judgement, beginning at the Youngest Baron; whereof the Lord High Steward took an Account, and then declared,

"That, by the Judgement of the Peers, Charles Lord Mohun is found, Not Guilty."

L. Mohun Not Guilty.

Then, the Lord Mohun being brought to the Bar, the Lord High Steward let his Lordship know, "That the Peers had considered of the whole Matter; and that he was indicted for the Death of William Mountford; and that he having put himself upon his Peers for his Trial, declared, That the Peers, by their Judgement, had found him Not Guilty of the Murder whereof he stood indicted."

And thereupon the Lord Steward declared, "That Charles Lord Mohun is discharged."

Then the Lord High Steward, by breaking his Staff, declared the dissolving his Commission to be Lord High Steward for this Trial.

Adjourned to the House.

Then the Lord President (now Speaker) adjourned the House unto the House of Peers above; and the Peers returned in the same Order as they went down at first.

And, being come to the House, the House was resumed.

And the following Order was made:

Lords acquitted from their Fines, for absenting themselves.

"ORDERED, by the Lords in Parliament assembled, That Thomas Earl of Fauconberge, Francis Lord Viscount Newport, John Lord Lovelace, and Thomas Lord Leigh shall be, and they are hereby, discharged and acquitted from their Fines of One Hundred Pounds apiece, to be paid to the Clerk of the Parliaments for the Poor of the (fn. 1) Parish of Westminster, for their Absence in this House at the Calling thereof, on Tuesday the One and Thirtieth Day of January last, in the Afternoon."

E. Pembroke's Bill, to set aside Alterations in a Fine, &c.

Whereas Monday next is appointed for hearing Counsel for and against the Bill, intituled, "An Act to set aside several Amendments and Alterations made in the Records and Writs of a Fine, and Two Recoveries, in the Grand Sessions held for the County of Glamorgan:"

L. Jeffries to be heard against it.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Counsel shall be heard, for and against the said Bill, on Friday the Seventeenth Day of this Instant February, at Ten of the Clock in the Forenoon.

Adjourn.

Dominus Senescallus Angl. ut Orator Procerum pro hac Vice, declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) sextum diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.