DIE Lunæ, 13 die Octobris.
Domini tam Spirituales quam Temporales præsentes
Epus. St. Asaph.
L. Great Chamberlain.
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
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
"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
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
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
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
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.