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 Veneris, 3 Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Memorandum, That the Bishop of Winton and the Bishop of St. Asaph, who were present at Prayers, with drew before the Debate.
Judges Leave to go to the Courts:
The House gave the Judges Leave to go to the Courts below, there being many Causes depending in Westm'r Hall; and ORDERED, That they be ready to attend this House, when required.
Questions to them concerning Lord Mohun;
Then the House went into Debate of several Questions to be asked the Judges in Westminster Hall, in relation to the Lord Mohun's Case now before them.
And, after a long Time spent therein,
Several Questions were offered, by several Peers, to be asked the Judges in Westm'r Hall;
any Peer to ask the Judges what Question he pleases.
And it was agreed by the House, "That any Peer might ask, and oblige the Judges to answer, whatever Questions they pleased; the Questions to be asked as from themselves, having first proposed them to the High Steward."
Then, the House being called over, and the Earl of Sussex and Lord Sidney absent; it is ORDERED, That the Consideration thereof shall be adjourned until after the Trial.
Then the House was adjourned during Pleasure, to robe.
And after some little Time, the House was resumed.
House adjourned to Westm. Hall.
Then the House was adjourned unto Westminster Hall; and the Peers went in the same Order as before, except the Judges.
The Peers being come into the Hall, the Lord High Steward resumed the House.
Proclamation was made for Silence, and to bring the Prisoner to the Bar.
L. Mohun at the Bar:
Who being come, with his Counsel;
The Lord High Steward asked the Question to the Judges, as ordered by the House the First Instant; and the Lord Mohun's Counsel and the Judges were heard to it.
Judges, and Prisoners Counsel heard, to Questions asked by Peers.
Then also several other Questions were proposed by some Peers; and asked the Judges by the Lord High Steward, as above directed. And the Prisoner's Counsel and the Judges were also heard to them.
Adjourn to the House.
The House was adjourned to the House of Peers above, and there resumed.
ORDERED, That the Lights be got ready in Westminster Hall.
Then, after some Debate, it was agreed and ordered as followeth:
Counsel on both Sides to be heard to Questions asked by Peers, if needful.
"That, when this House shall come into Westm. Hall, the Lord High Steward is to declare, That every Peer may ask what Question he please, for his own Information; and that the Counsel for the Prisoner may be heard to it, and Their Majesties Counsel also, if they think fit: And if either Side shall not speak to the Question, it is to be understood that they think it not needful; and that the House will then hear the Judges on the several Questions to which they are to answer."
Peers to take their Places regularly.
ORDERED, That every Peer shall first take his Place in Westminster Hall according to his Precedence; and that when they are to return, they rise from their Seats One by One, as they are to walk back.
Adjourn to Westm. Hall.
Then the House was adjourned into Westminster Hall; and the Peers and others went in the same Manner as before, except the Judges.
The Peers being come into Westminster Hall, the House was resumed.
And the Lord Steward declared in the Court as above directed.
Questions asked by Peers.
Then some of the Peers proposed their Questions; which were asked by the Lord High Steward; and the Prisoners Counsel heard to them first, and then the Judges heard severally to them; the King's Counsel not offering to be heard, nor speak to any of them.
The House was adjourned to the House of Peers above; and the Lords returned in the same Manner as before, except the Judges.
The House being resumed, the following Orders were made:
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 Governour of Their Majesties Tower of London."
To be brought again Tomorrow:
"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, To-morrow at Eleven of the Clock in the Forenoon."
"ORDERED, by the Lords in Parliament assembled, That Their Majesties Counsel shall attend this House in Westminster Hall To-morrow, at Ten of the Clock in the Forenoon."
Witnesses on both Sides discharged.
"It is Resolved on the Question, That the Witnesses on His Majesty's Behalf against Charles Lord Mohun, as also his Witnesses, shall be, and are hereby, discharged from any further Attendance in this Case."
Lords to attend Tomorrow.
"ORDERED, by the Lords in Parliament assembled, That all the Peers who were this Day present do attend this House To-morrow, at Ten of the Clock in the Forenoon, under the same Penalties to be inflicted (if absent) as before."
Dominus Senescallus Angl. ut Orator Procerum pro hac Vice, declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, (videlicet,) quartum diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.