House of Lords Journal Volume 15: 14 January 1693

Journal of the House of Lords: Volume 15, 1691-1696. Originally published by His Majesty's Stationery Office, London, 1767-1830.

'House of Lords Journal Volume 15: 14 January 1693', in Journal of the House of Lords: Volume 15, 1691-1696, (London, 1767-1830) pp. 182-185. British History Online https://www.british-history.ac.uk/lords-jrnl/vol15/pp182-185 [accessed 25 April 2024]

DIE Sabbati, 14 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:



Arch. Cant. Epus. London. Epus. Durham. Epus. Winton. Epus. Landaffe. Epus. Cov. & Litch. Epus. Exon. Epus. St. David's. Epus. Sarum. Epus. Bangor. Epus. Oxon. Epus. Ely. Epus. Hereford. Epus. Norwich. Epus. Peterborough. Epus. Bath & Wells. Epus. Lincolne.	Dux Cumberland. Ds. Præses. Ds. Custos Privati Sigilli. Dux Norfolke. Dux Somersett. Dux South'ton. Dux Northumb'land. March. Halifax. Ds. Mag. Camerarius. Ds. Senescallus. Ds. Camerarius. Comes Oxon. Comes Shrewsbury. Comes Kent. Comes Huntingdon. Comes Bridgewater. Comes North'ton. Comes Clare. Comes Bolingbroke. Comes Manchester. Comes Mulgrave. Comes Rivers. Comes Stamford. Comes Carnarvon. Comes Chesterfeild. Comes Thanet. Comes Sunderland. Comes Scarsdale. Comes Bathe. Comes Craven. Comes Sussex. Comes Feversham. Comes Maclesfeld. Comes Nottingham. Comes Rochester. Comes Abingdon. Comes Fauconberge. Comes Monmouth. Comes Montagu. Comes Marleborough. Comes Scarborough. Comes Warrington. Viscount Newport. Viscount Weymouth. Viscount Longueville.	Ds. Willoughby Er. Ds. Delawarr. Ds. Berkeley Ber. Ds. Wharton. Ds. Willoughby Par. Ds. Howard Eff. Ds. Hunsdon. Ds. Sidney. Ds. Gray W. Ds. Lovelace. Ds. Maynard. Ds. Leigh. Ds. Vaugban. Ds. Culpeper. Ds. Clifford L. Ds. Lexington. Ds. Berkeley Str. Ds. Granville. Ds. Cornwallis. Ds. Crewe. Ds. Arundell Trer. Ds. Keveton. Ds. Ossulston. Ds. Godolphin. Ds. Cholmondeley. Ds. Ashburnham. Ds. Leinster.

PRAYERS.

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to Their Majesties an Aid of Four Shillings in the Pound, for One Year, for carrying on a vigorous War against France."

Price's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Roger Price Esquire to sell some Part of his Estate, for Payment of Portions to the Daughters of John Price Esquire, deceased."

ORDERED, That the Consideration of this Bill be committed to the Lords following:



March. Halifax. Comes Huntingdon. Comes Bridgewater. Comes Manchester. Comes Rivers. Comes Bathe. Comes Craven. Comes Maclesfeld. Comes Rochester. Comes Abingdon. Comes Scarborough. Comes Warrington. Viscount Newport. Viscount Longueville.	Epus. London. Epus. St. David's. Epus. Sarum. Epus. Bangor. Epus. Oxford. Epus. Hereford. Epus. Peterborough. Epus. Chichester. Epus. Lincolne.	Ds. Delawarr. Ds. Hunsdon. Ds. Lovelace. Ds. Culpeper. Ds. Crewe. Ds. Leinster.

Their Lordships, or any Three of them; to meet on Monday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Malicious Informations in the K. B. to prevent and for more easy Reversal of Outlawries Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prevent malicious Informations in the Court of King's Bench, and for the more easy Reversal of Outlawries in the same Court."

ORDERED, That the Consideration of this Bill be committed to the Lords following:



M. Halifax. Comes Huntingdon. Comes Bridgewater. Comes Manchester. Comes Rivers. Comes Bathe. Comes Craven. Comes Maclesfeld. Comes Rochester. Comes Abingdon. Comes Scarborough. Comes Warrington. Viscount Newport. Viscount Longueville.	Epus. London. Epus. Durham. Epus. St. David's. Epus. Sarum. Epus. Bangor. Epus. Oxon. Epus. Hereford. Epus. Peterborough. Epus. Chichester. Epus. Lincolne.	Ds. Delawarr. Ds. Willoughby Par. Ds. Hunsdon. Ds. Gray War. Ds. Lovelace. Ds. Leigh. Ds. Culpeper. Ds. Cornwallis. Ds. Crewe. Ds. Godolphin. Ds. Leinster.


Mr. Justice Dolbin,	to assist.
Mr. Justice Gregory,

Their Lordships, or any Five of them; to meet on Wednesday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Report concerning the Trial of L. Mohun:

The Lord Marquis of Halifax reported from the Lords Committees for Privileges, in the Case upon the Petition of the Lord Mohun referred to them, "That they do not find any Precedent for a Peer's Trial at the Bar, but in Westminster Hall; and are of Opinion, That the Coroner's Inquest taken against him be sent for; and that, as to his desiring to be bailed, their Lordships think he ought to be committed to The Tower of London, and that as short a Time as may be thought convenient may be appointed for his Trial: That, the Lord Mohun having surrendered himself, an Order be made to discharge his Bail."

Coroner to attend, with the Inquest.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Coroner of Middl'x do forthwith attend this House, with the Inquest taken before him, concerning the Death of Mr. Mountford.

Message from H. C. to return Sir G. Parker's Bill.

A Message was brought from the House of Commons, by Mr. Campian and others:

Who returned the Bill, intituled, "An Act to enable Sir George Parker, of Ratton, in the County of Sussex, Baronet, to make a Settlement upon his Marriage, notwithstanding his Minority;" which they have agreed to, without any Amendment.

Message from thence, with a Bill.

A Message was brought from the House of Commons, by Mr. Waller and others:

Who brought up a Bill, intituled, "An Act for preventing Frauds by clandestine Mortgages;" to which they desire the Concurrence of this House.

Messages from thence, to return Wake's and Mollineux's Bills.

A Message was brought from the House of Commons, by Mr. Greenville and others:

To return the Bill, intituled, "An Act for the rectifying a Mistake in a certain Act of this present Parliament, passed in the Year One Thousand Six Hundred Ninety and One, intituled, "An Act to vest certain Lands of William Molyneux Gentleman in Trustees, for raising the Sum of Two Thousand Pounds, for paying the Portions to his Younger Brother and Sisters, pursuant to a Decree in the Court of Chancery;" to which they have agreed, with some Amendments, and desire their Lordships Concurrence thereunto.

A Message was brought from the House of Commons, by Mr. Christy and others:

To return the Bill, intituled, "An Act to enable William Wake Gentleman, and William Wake Doctor in Divinity, to make Leases for Lives or Years, within the Manor of Shapwick, in the County of Dorsett;" to which they have agreed, without any Amendment.

Claim to the Title of E. of Banbury.

Counsel being called in, and after some Time withdrawn, the Order following was made:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Officer who hath the Custody of the Inquisitions taken after the Death of Will'm Earl of Banbury, in the Counties of Berks and Oxon, do forthwith attend this House, with the said Inquisitions."

Attorney General not attending;

The Attorney General being appointed to attend this Day, and not being present when the Case of the Person claiming the Title of Earl of Banbury was to be argued at the Bar of this House; the following Order was made:

Address for him to attend as an Assistant.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That an Address shall be made to His Majesty, that the Attorney General for the Time being may attend this House as an Assistant; and that it be referred to the Lords Committees for Privileges to draw the same; and that the Committee meet on Tuesday next, at Four of the Clock in the Afternoon."

Claim to the Title of E. of Banbury.

After hearing this Day the Heralds at Arms, as to the Petition of the Person that claims the Title of Earl of Banbury; as also the Attorney General on Their Majesties Behalf, against the said Claim; and Counsel for the Person claiming:

It was Resolved, upon the Question, That the Debate thereupon shall be adjourned until Tuesday Morning next, the First Business.

Coroner called in.

Then the Coroner sent for this Day was called in; and, at the Bar, he said, "He had the Inquisition taken in the Lord Mohun's Case;" and delivered it.

Which was read, at the Table, as follows; (videlicet,)

Inquisition taken on the Death of Mr. Montford:

Midd'x, ss.

"Inquisitio indentat. capt. Duodecimo Die Decembris, Anno Regni Domini Will'i & Dominæ Mariæ, Dei Gratia, Angl. Scotiæ, Franc. & Hib'niæ Regis & Reginæ, Fidei Defensorum, &c. Quarto, apud Paroch. S'cti Clementis Dacor. in Com. Middl'x, coram me Joh'e Cowper Ar. Un. Coron. dictorum Domini Regis & Dominæ Reginæ, Com. præd. super Visum Corporis cujusdem Will'i Mountford Gen. adtunc & ibidem mort. jacen. super Sacramentum Will'i Parkinson, Will'mi Kidder, Jacobi Swan, Caroli Pratten, Ed'r'i Smyth, Joh'is Roffey, Joh'is Keate, Joh'is Tipping, Petri Gumley, Jacobi Fuller, Caroli Pleydell, Rob'ti Henshawe, Thomæ Jole, Ric'i Browne, Eliæ Wye, Will'i Ball, Thomæ Mathew, Ed'r'i Seagar, Joh'is Smyth, Will'i Robinson, Will'i Fennell, Joh'is Gardner, Samuel. Rand, & Mathei Wife, proborum & legalium Hominum Paroch. præd. & Quatuor aliarum Villarum adinde prope adjacen. infra Com. præd. qui jurat. & onerat. existen. ad inquirend. pro dictis Domino Rege & Domina Regina, quando, quomodo, & qualiter, præd. Will'us Mountford ad Mortem suam devenit, dic. super Sacramentum suum, quod quidam Ric'us Hill, nuper de præd. Paroch. S'cti Clement. Dacor. in præd. Com. Midd'x, Gen. & Præhonorabilis Carolus Dominus Mohun, nuper de Paroch. & Com. præd. Deum præ Oculis suis non habentes, sed Instigatione Diabolica moti & seducti, Nono Die Decembris, Anno Regni dict. Domini Regis & Dominæ Reginæ nunc Quarto supradict. Vi & Armis, &c. apud Paroch. præd. in Com. præd. in & super præd. Will'm Mountford, in Pace Dei & dictorum Domini Regis & Dominæ Reginæ nunc adtunc & ibidem existen. felonice, voluntarie, & ex Malitiis suis præcogitat. Insult. fecer. Et quod præd. Ric'us Hill, cum quodam Gladio voc. A Rapier de Ferro & Chalib. confect. Valor. Quinque Solid. quem ipse idem Ric'us Hill in Manu Dextra adtunc & ibidem habuit & tenuit extract. præfat. Will'um Mountford in & super Dextram Partem Corporis ipsius. Will'mi, prope Dextram Mamillam suam, adtunc & ibidem, felonice, voluntarie, ac ex Malitia sua præcogitata, percussit & pupugit, dans eidem Will'mo adtunc & ibidem, cum Gladio extract. præd. in & super præd. Dextram Partem Corporis ipsius Will'i, prope præd. Dextram Mamillam suam, Unum Vulnus mortale, Profunditat. Viginti Pollicum, & Latitudinis Unius Pollicis, de quo quidem Vulnere mortali præd. Will'us a præd. Nono Die Decembris, usque [ (fn. 1) Decimum Diem] ejusdem Mensis Decembris, apud Paroch. præd. in Comitat. præd. languebat & languidus vixit; quo quidem Decimo Die Decembris, Anno supradict. præd. Will'us apud Paroch. præd. in Com. præd. de Vulnere mortali præd. obiit; & quod præd. Carolus Dominus Mohun adtunc & ibidem, felonice, voluntarie, ac ex Malitia præcogitata, fuit præsens, auxilians, confortans, manutenens, & abettans, præd. Ric. Hill, ad præfat. Will'm, Modo & Forma præd. felonice, voluntarie, ac ex Malitia sua præcogitat. intersiciend. & murdrand. Et sic Jur. præd. super Sacramentum suum præd. dic. quod præd. Ric'us & Carolus Dominus Mohun præfat. Will'm Modo & Forma præd. felonice, voluntarie, ac ex Malitiis suis præcogitat. interfecer. & murdraver. contra Pacem dictor. Domini Regis & Dominæ Reginæ nunc, Coron. & Dignitat. suam. Quæ Bona seu Catalla, Terras five Tenementa, præd. Ric'us & Carolus Dominus Mohun, Tempore Feloniæ & Murdr. præd. seu unquam postea hucusque habuerunt, sive adhuc habent, Jur. præd. penitus ignorant. Et Jur. præd. ulterius super Sacramentum suum præd. dic. quod præd. Ric'us Hill, tam cito quam ipse Feloniam & Murdrum præd. fecisset & perpetrasset, pro Felonia & Murdro illo felonice Fugam suam fecit. In cujus Rei Testimonium, tam ego præfat. Coron. quam Jur. præd. huic Inquisitioni Manus & Sigilla nostra apposuimus, Die & Anno supradict, &c.

"Johannes Cowper, Ar. Coron."

L. Mohun committed to The Tower.

Upon reading the Inquest taken by the Coroner of Midd'x, concerning the Death and Murder of William Mountford, wherein the Right Honourable Charles Lord Mohun is found to be aiding and assisting:

It is therefore ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Charles Lord Mohun shall be, and is hereby, committed Prisoner to Their Majesties Tower of London, there to be kept in safe Custody until he shall be delivered by due Course of Law; and this shall be a sufficient Warrant on that Behalf.

To the Right Honourable the Lord Lucas, Chief Governor of Their Majesties Tower of London.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Thomas Duppa, Gentleman Usher of the Black Rod, in whose Custody Charles Lord Mohun now is, shall convey the said Charles Lord Mohun to Their Majesties Tower of London.

To Sir Thomas Duppa, Gentleman Usher of the Black Rod attending this House.

Trial appointed:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Charles Lord Mohun shall be tried, in Westm. Hall, on Tuesday the One and Thirtieth Day of this Instant January.

Address for Ld. High Steward:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty, to let him know, "That this House hath appointed the Trial of Charles Lord Mohun to be in Westminster Hall, on Tuesday the One and Thirtieth Day of this Instant January; and humbly to desire His Majesty to appoint a Lord High Steward for that Purpose, to continue during the said Trial."

Ld. Mohun's Bail discharged.

Charles Lord Mohun having rendered himself to this House, and being committed to The Tower of London:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bail taken by the Justices of Peace, for the said Charles Lord Mohun's Appearance at the Sessions concerning the Death of William Mountford, shall be discharged, as if he had appeared in Person.

To the Justices holding the Sessions for the County of Midd'x.

Land Tax Bill.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for granting to Their Majesties an Aid of Four Shillings in the Pound, for One Year, for carrying on a vigorous War against France," shall be committed to a Committee of the whole House, on Monday next, at Nine of the Clock in the Forenoon; and that all the Lords be summoned then to attend.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro (fn. 1) de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, (videlicet,) 16^um diem instantis Januarii, hora nona Aurora, Dominis sic decernentibus.