House of Lords Journal Volume 17
25 March 1704

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1767-1830

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'House of Lords Journal Volume 17: 25 March 1704', Journal of the House of Lords: volume 17: 1701-1705 (1767-1830), pp. 524-526. URL: http://www.british-history.ac.uk/report.aspx?compid=14768 Date accessed: 21 August 2014.


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DIE Sabbati, 25 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
(fn. *) Arch. Ebor.
Epus. London.
Epus. Duresme, & Crew.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Epus. Cicestr.
Epus. Oxon.
Epus. Bangor.
Epus. Bath & Well.
Ds. Custos Magni Sigilli.
Ds. Godolphin, Thesaurarius.
Comes Pembroke, Præses.
Dux Buckingham, C. P. S.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Northumberland.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Comes Jersey, Camerarius.
Comes Kent.
Comes Derby.
Comes Bridgewater.
Comes Leicester.
Comes Denbigh.
Comes Manchester.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Carnarvon.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Torrington.
Comes Scarbrough.
Comes Warrington.
Comes Bradford.
Viscount Say & Seale.
Viscount Townshend.
Ds. Bergevenny.
Ds. Ferrers.
Ds. Wharton.
Ds. North & Grey.
Ds. Chandos.
Ds. Grey W.
Ds. Poulet.
Ds. Mohun.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Osborne.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Cholmondeley.
Ds. Lempster.
Ds. Weston.
Ds. Sommers.
Ds. Bernard.
Ds. Halifax.
Ds. Granville.
Ds. Gernsey.
Ds. Gower.
Ds. Conway.
Ds. Hervey.

PRAYERS.

Gazette concerning Admiral Greydon, Resolutions about.

After hearing Mr. Warr and Mr. Delafay, in relation to a Paragraph in The Gazette, of the Third of May One Thousand Seven Hundred and Three, dated, Plimouth, April 26th:

The Paragraph being read in The Gazette, relating to Vice Admiral Greydon's Squadron; the House came to the following Resolutions; (videlicet,)

"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the last Paragraph, which is dated from Plimouth, April the 26th, in The Gazette of the Third of May last, is a Reflection upon the Instructions given by his Royal Highness the Prince, and a Justification of Vice Admiral Greydon's scandalous Miscarriage."

That it doth not appear to this House, That the said Paragraph was put into The Gazette by Order of the Cabinet Council.

Scotch Conspiracy:

Then the Order being read, for taking into further Consideration the Papers and Matters relating to the Scotch Conspiracy:

Ferguson's Papers:

And Mr. Robert Ferguson's First Narrative, dated December 24th, 1703; and also his Second Narrative, dated the 27th Dec. 1703, being read:

The House thereupon declared as followeth; videlicet,

"It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Robert Ferguson's Two Papers now read, dated the 24th and 27th December, and by him delivered to the Cabinet Council, are false, scandalous, and seditious, contrived to stifle the Conspiracy, tending to create an ill Opinion in Her Majesty of Her good Subjects, and to promote the Interest of the pretended Prince of Wales."

Then the House taking Notice of Mr. Ferguson's said Papers or Narratives, writ by his own Hand, and he not as yet censured for them:

After long Debate thereupon; the following Question was stated; (videlicet,)

Resolutions, That the not taking him up, and prosecuting him for them, is of dangerous Consequence:

"That the not passing a Censure on the Author of the said Papers, nor ordering him to be taken into Custody, nor prosecuted for the same, before they were laid before this House, is a great Encouragement to Her Majesty's Enemies, and of dangerous Consequence to the Government, and the Protestant Succession as established by Law."

Then the previous Question was put, "Whether this Question shall be now put?"

It was Resolved in the Affirmative.

Protests against it:

"Dissentientibus,
Conway.
Buckingham, C. P. S.
Marlborough.
Bedford.
Lempster.
Winchilsea.
North & Grey.
Scarsdale.
Denbigh.
Stawell.
Abingdon.
Nottingham.
Dartmouth.
Rochester.
J. Bridgewater.
Jersey.
H. London.
Crewe.
Gower.
Granville.
Carnarvon.
Ric. Peterbor.
Bradford.
Geo.
Bath. & Well.
Guilford.
Gernsey."

Then the main Question was put, "That the not passing a Censure on the Author of the said Papers, nor ordering him to be taken into Custody, nor prosecuted for the same, before they were laid before this House, is a great Encouragement to Her Majesty's Enemies, and of dangerous Consequence to the Government, and the Protestant Succession as established by Law?"

It was Resolved in the Affirmative.

"Dissentientibus,
Bedford.
Godolphin.
Conway.
Marlborough.
Buckingham, C. P. S.
Thanet.
Scarsdale.
Winchilsea.
Nottingham.
Carnarvon.
J. Bridgewater.
Abingdon.
Stawell.
H. London.
North & Grey.
Lempster.
Ric. Peterdor.
Granville.
Rochester.
Jo. Ebor.
Denbigh.
Jersey.
Geo.
Bath. & Well.
Crewe.
Guilford.
Gower.
Dartmouth.
Gernsey."

Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the not passing a Censure upon Mr. Robert Ferguson's Two Papers, dated the 24th and 27th December, 1703, which were by him delivered to the Cabinet Council, nor ordering him to be taken into Custody, nor prosecuted for the same, before they were laid before this House, is a great Encouragement to Her Majesty's Enemies, and of dangerous Consequence to the Government, and the Protestant Succession as established by Law.

Ferguson ordered to be prosecuted:

The House having this Day read Mr. Robert Ferguson's Two Narratives, or Papers, dated the 24th and 27th December, and delivered by him to the Cabinet Council, which are declared by this House to be false, scandalous, and seditious, contrived to stifle the Scotch Conspiracy, tending to create an ill Opinion in Her Majesty of Her good Subjects, and to promote the Interest of the pretended Prince of Wales:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Edward Northey, Her Majesty's Attorney General, do forthwith prosecute the said Robert Ferguson for the same, with the utmost Severity, according to Law.

Committed to Newgate.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Robert Ferguson shall be, and he is hereby, committed to the Prison of Newgate, for treasonable and seditious Practices, 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 Keeper of the Prison of Newgate, his Deputy and Deputies, and every of them.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, in whose Custody Mr. Robert Ferguson now is, do forthwith carry the said Robert Ferguson to the Prison of Newgate, 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 Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them.

Sir T. Stewart discharged.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir Thomas Stewart, now in the Custody of the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, shall be, and he is hereby, discharged; and this shall be a sufficient Warrant on that Behalf.

To the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Salt Duties, Bill.

The House was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better securing and regulating the Duties upon Salt."

After some Time, the House was resumed.

And the Earl of Warrington reported, "That the Committee had gone through the said Bill; and think it fit to pass, without any Amendment."

Hodie 3a vice lecta est Billa, intituled, "An Act for the better securing and regulating the Duties upon Salt."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

ORDERED, That the Commons have Notice, that the Lords have agreed to the said Bill, without any Amendment.

Scotch Conspiracy.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the farther Consideration of the Papers and Matters relating to the Scotch Conspiracy shall be adjourned till Monday next, at Twelve a Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum septimum diem instantis Martii, hora duodecima Auroræ, Dominis sic decernentibus.

Footnotes

* Origin. Epus.