Journal of the House of Lords: Volume 15, 1691-1696. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 1 Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Memorandum, These Bishops were present in the House at Prayers; but withdrew before the Debate.
The House was adjourned during Pleasure, to robe.
The House was resumed.
Lords present at the Trial, if absent on the Call of the House, to pay 100 l. or be commited to The Tower.
ORDERED, by the Lords in Parliament assembled, That if any Peer or Peers shall be absent at the Calling of the House this Day, who were present Yesterday at the Trial of the Lord Mohun, he or they shall pay to the Clerk of the Parliaments the Sum of One Hundred Pounds, to be disposed of to the Poor of the Parish of St. Martin's in the Feilds, as it was before divided; and if he or they shall not pay the One Hundred Pounds on or before this Day Sevennight, he or they shall be committed to The Tower of London, during the Pleasure of this House.
Lords called over.
Then the Peers present Yesterday were called over.
The House resumed the Debate, "Whether the Judges shall be left in Westminster Hall, when the House returns thither?
Judges not to return, when the House goes into Westm. Hall.
ORDERED, That the Judges shall not return when the House shall go into Westminster Hall.
Then the Judges were directed to withdraw into the Courts below.
Which they did.
Fines of the Lords absent last Night.
ORDERED, by the Lords in Parliament assembled, That the Debate of the Lords fined Yesterday, for being absent last Night when the House was called, shall be adjourned until the Trial of the Lord Mohun be over.
Debate of L. Mohun's Case:
Then the House went into Debate of the Lord Mohun's Case, as it was heard upon the whole Evidence Yesterday in Westminster Hall.
And, after a long Time spent therein, the following Question was agreed to be asked the Judges in Westm. Hall; (videlicet,)
Question to the Judges upon it.
"In a Case where a Man shall murder another, Whether those who are in his Company at the Time of the Murder are so necessarily involved in the said Crime, that they may not be separated from the Crime of the said Person, so as in some Cases to be found guilty only of Manslaughter?"
L. Mohun remanded.
ORDERED, by the Lords in Parliament assembled, That Charles Lord Mohun shall be, and he is hereby, remanded Prisoner to Their Majesties Tower of London.
To the Right Honourable Robert Lord Lucas, Chief Governor of Their Majesties Tower of London.
To be brought on Friday:
ORDERED, by the Lords in Parliament assembled, That the Lord Lucas, Chief Governor of Their Majesties Tower of London, do bring Charles Lord Mohun, now Prisoner there, to the Bar of this House in Westminster Hall, on Friday next, at Ten of the Clock in the Forenoon.
Counsel and Witnesses to attend:
ORDERED, by the Lords in Parliament assembled, That their Majesties Counsel, Witnesses, and all other Persons concerned in the Lord Mohun's Trial, shall attend this House in Westminster Hall, on Friday next, at Ten of the Clock in the Forenoon.
Lords to attend on Friday.
ORDERED, by the Lords in Parliament assembled, That all the Peers who were present Yesterday at the Lord Mohun's Trial, and this Day in the House of Peers, do attend this House on Friday next, at Ten of the Clock in the Forenoon, upon the same Penalties as they were to attend this Day.
Dominus Senescallus Angl. ut Orator Procerum pro hac Vice, declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) tertium diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.