Journal of the House of Lords: Volume 14, 1685-1691. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 13 die Octobris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Upon reading the Petition of John Bernard, Attorney at Law, now in the Custody of the Gentleman Usher of the Black Rod attending this House, humbly acknowledging his great Offence, and his deep Sorrow, in his having issued out a Writ against Edward Reddish, One of Their Majesties Grooms of the Ewry in Ordinary (whereupon he was imprisoned), contrary to the Privilege of Parliament; who being brought to the Bar, and reprimanded for the same, and begged Pardon for his Offence:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Bernard be, and is hereby, discharged from his present Restraint, paying his Fees; and this shall be a sufficient Warrant on that Behalf.
To Sir Tho. Duppa, Gentleman Usher of the Black Rod, his Deputy and Deputies, and every of them.
Protections entered last Session made void.
Upon reading the Order of this House, made the 28th of March last, concerning Protections, and inspecting the several Protections, and the Number of them, entered in the Parliament Office at Westm.
It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Protections given by any Peer or Peers, or Members of this House, and entered in the Parliament Office at Westm. of the last Session of this Parliament, be, and are hereby, declared to be discontinued, null, and void to all Intents and Purposes whatsoever: And, to the End that all Persons concerned may take Notice hereof, it is further ORDERED, That this Order be printed and published, and set upon the Doors of this House.
House to be called.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be called on Monday the Twentieth Instant, at Ten of the Clock in the Forenoon; and it is hereby referred to the Lords Committees for Privileges, to consider what Punishments have been inslicted upon Lords that have not attended this House.
E. of Torrington committed by the Privy Council during Time of Privilege.
The Order made on Friday last, to resume the Debate concerning the Earl of Torrington upon his Petition, was read.
Then the Earl of Pembrooke, First Commissioner of the Admiralty, produced a Copy of the Earl of Torrington's Commission from the Admiralty, and the Form of a Warrant drawn by Their Majesties Counsel for Commitment of the said Earl to John Cheeke Gentleman, Marshal of the High Court of Admiralty, by which he must be committed, if tried by that Court.
After Consideration of which Commission, and Form of Commitment wherein his Charge was mentioned, and after Debate thereupon, the Judges were asked this Question,
"Whether the Earl of Torrington was to be tried by the Act of the 13° Car. IIdi, Cap. 9°, intituled, An Act for the establishing Articles and Order for the regulating and better Government of His Majesty's Navies, Ships of War, and Forces by Sea?"
Judges Opinions about him.
The Lord Chief Justice Holt said, "That when it was put to them formerly, they were of Opinion, he was triable by this Act; and he is now of the same Opinion, he being not High Admiral, but an Admiral subordinate to the Admiralty."
And the Lord Chief Justice Pollexfen and the Lord Chief Baron Atkins were of the same Opinion.
Then, after Debate,
E. of Torrington to be tried by the Articles of War.
Upon Consideration of the Petition of Arthur Earl of Torrington: It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the said Earl of Torrington, having accepted a Commission from the Lords Commissioners of the Admiralty, hath no Privilege, as a Peer of this Realm, to be exempted from being tried according to the Act 13° Car. IIdi, intituled, "An Act for establishing Articles and Order for the regulating and better Government of His Majesty's Navies, Ships of War, and Forces by Sea, for any Offences committed in the said Act."
Sir J. Caldwel, Gent. of the Privy Chamber, released from an Arrest.
Upon reading the Petition of Sir James Caldwell Baronet; shewing, "That he was, on the 25th of September, 1690, sworn One of the Gentlemen of His Majesty's Privy Chamber in Ordinary, as appeared by a Certificate under the Hand and Seal of the Lord Chamberlain of His Majesty's Household; and that he was, on the 2d Day of October last, at the Suit of Susanna his Wife, arrested, and is still detained in Custody in The King's Bench, in the Time of his Waiting and Duty on His Majesty, without Leave from the Lord Chamberlain; and praying to be discharged, he being committed in Time of Privilege of Parliament, contrary to the Privilege of Parliament:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir James Caldwell Baronet, be, and is hereby, discharged from his Imprisonment in The King's Bench, which he now lies under; and this shall be a sufficient Warrant on that Behalf.
To the Keeper of The King's Bench Prison, his Deputy and Deputies, and every of them, and to all Attornies, Mayors, Sheriffs, Bailiffs, Serjeants, and other Officers whom it may concern.
E. of Torrington's Commitment.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Debate concerning the Earl of Torrington's being committed for Misdemeanor in Time of Privilege of Parliament be, and is hereby, adjourned to To-morrow, at Ten of the Clock in the Forenoon.
Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 14um diem instantis Octobris, hora decima Aurora, Dominis sic decernentibus.