Journal of the House of Commons: Volume 11, 1693-1697. Originally published by His Majesty's Stationery Office, London, 1803.
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Martis, 12 die Martii;
7° Gulielmi Tertii.
SIR Thomas Littleton reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act to enable Eliz. Howland, the Widow of John Howland Esquire, deceased, to settle Lands upon the Marriage of his sole Daughter and Heir; and for settling Lands upon the said Widow Howland, for her Life, in lieu of Dower; and for indemnifying Sir Josias Child, and the Widow Howland, Grandfather, and Mother, of the said Heir, in disposing of the personal Estate belonging to her, upon her Preserment in Marriage, she being under the Age of One-and-twenty Years; was committed; That they had examined and considered the same; and had had the Consent of all Parties thereunto; and particularly in relation to the Account mentioned in the Bill; and that thereupon the Committee had agreed to the Bill; and directed him to report the same to the House, without any Amendments: And he delivered the same in at the Clerk's Table.
Sir John Bolles reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act to enable William Wanley, an Infant, under the Age of Oneand-Twenty Years, to new-build several Messuages or Tenements in Ax-yard, King-street, Westminster; and to enable his Guardian to make one or more Lease or Leases for effecting the same; was committed; That they had examined and considered the same; and had made an Amendment to the Bill; which they had directed him to report to the House: And he read the same in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was twice read, and agreed unto by the House; and is as followeth; viz.
Pr. 2. L. 32, leave out "Barbara," and insert "John;" and, after "Hutton," insert "Esquire."
Mr. Tredenham reported from the Committee, to whom the ingrossed Bill, from the Lords, intituled, An Act to enable Jane Rogers, the Widow and Relict of Bryan Rogers, late of Falmouth, Merchant, deceased, and Administratrix of his Goods and Chattels, with his Will annexed, and other Trustees therein named, to sell Lands, for the Payment of the Debts and Legacies of the said Brian Rogers, in performance of his Will, was committed, That they had examined and considered the same; and had directed him to report the same to the House, without any Amendments: And he delivered the same in at the Clerk's Table.
An ingrossed Bill, from the Lords, intituled, An Act to vest certain Lands of Sir William Chaitor Baronet, in Yorkshire and Durham, in Trustees, to be sold, for Payment of Debts charged thereon, and to secure Portions for younger Children, was read a Second time.
Resolved, That the Bill be committed to Sir Ralph Carr, Mr. White, Mr. Lowther, Mr. Hedger, Sir Jos. Tredenhaw, Sir William Cook, Mr. Cocks, Sir John Bland, Mr. Carter, Sir Tho. Haslerigg, Mr. Bowyer, Mr. Waller, Sir Robert Eden, Mr. Stockdale, Mr. Christie, Mr. Arnold, Mr. England, Mr. Roberts, Mr. Fenwick, Mr. Kenyon, Mr. Gee, Mr. Lutterell, Mr. Thornhaugh, Sir John Wynn, Mr. Bern. Granvill, Mr. Blowfield, Sir John Moreton, Mr. Bedding field, Mr. Tempest, Mr. Lloyd, Mr. Fawkes, Mr. Clarke, Sir Tho. Roberts, Colonel Perry, Mr. Bertie; and all the Members that serve for the Counties of York and Durham: And they are to meet this Afternoon at Four a Clock, in the Speaker's Chamber.
Sir Richard Onslow presented to the House, according to Order, a Bill for the Encouragement and Increase of Seamen: And it was received; and read the First time.
Resolved, That the Bill be read a Second time upon Thursday Morning next.
Boats carrying Coals.
A Bill for the better Admeasurement of Keels, and Keel-Boats, in the Port of Newcastle upon Tyne, and Members thereof; and for the Encouragement of Navigation, by the Exportation of Coals from the same; was read the First time.
Resolved, That the Bill be read a Second time.
Ordered, That the Bill for the better regulating of the Plantation-Trade; and preventing the Shipping of Tobacco in Bulk; be read the Second time To-morrow Morning.
Clipping the Coin; Prevention.
Mr. Scobell reported from the Committee appointed to receive Proposals how to prevent clipping of the Coin of this Kingdom for the future; and the Exportation of Silver; and to report the same to the House; That the Committee had received several Proposals accordingly; and had agreed upon several Resolutions; which they had directed him to report to the House: And he read the same in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same were read; and are as follow; viz.
1. Resolved, That it is the Opinion of this Committee, That the best way to prevent clipping the Silver Coin of this Kingdom for the future is, to new-coin the same into milled Money.
2. Resolved, That it is the Opinion of this Committee, That Ten hundred thousand Pounds is a sufficient Sum to make good the Deficiency of the present clipped Coin of this Kingdom.
3. Resolved, That it is the Opinion of this Committee, That the Crown and Halfcrown, hereafter to be coined, shall be of the present Weight and Fineness.
4. Resolved, That it is the Opinion of this Committee, That the Crown Piece shall go at Five Shillings Sixpence; and the Halfcrown shall go at Two Shillings Ninepence.
5. Resolved, That it is the Opinion of this Committee, That the present milled Crown Piece go for 5s. 6d.; and the Halfcrown for Two Shillings Nine-pence.
6. Resolved, That it is the Opinion of this Committee, That all Money, to be coined under the Denomination of the Halfcrown, shall have a Remedy of Sixpence in the Ounce.
7. Resolved, That it is the Opinion of this Committee, That for as much of the present Coin, as any Person brings into the Mint, he shall have Weight for Weight, and the Overplus by a Bill or Ticket, at per Cent. on a Fund, to be appropriated for that Purpose.
8. Resolved, That it is the Opinion of this Committee, That the present Laws against clipping be enforced by some Additions.
9. Resolved, That it is the Opinion of this Committee, That all Persons whose Professions require such-like Tools or Engines, as may be made use of for coining or clipping be obliged to register their Names, and Places of Abode; and that it be penal on such as neglect to do the same.
10. Resolved, That it is the Opinion of this Committee, That it be penal on all such Persons on whom Clippings are found.
11. Resolved, That it is the Opinion of this Committee, That it be penal on all such Persons as give more for any Silver Coin than it ought to go for by Law.
12. Resolved, That it is the Opinion of this Committee, That no Presses, such as are used for coining, be in any other Place than his Majesty's Mint.
13. Resolved, That it is the Opinion of this Committee, That it be penal on all such Persons as shall import any clipped or counterfeit Money.
14. Resolved, That it is the Opinion of this Committee, That it be penal on any Person to export English Bullion; and the Proof to lie upon the Exporter.
Resolved, That it is the Opinion of this Committee, That it be penal on any Person to counterfeit any foreign Mark upon Bullion.
Resolved, That this House will, upon Saturday Morning next, take the said Report into Consideration.
Leave of Absence.
Ordered, That Mr. Morgan have Leave to go into the Country, upon extraordinary Occasions.
Ordered, That Sir Jacob Ashley have Leave to go into the Country upon extraordinary Occasions.
Ordered, That Sir Wm. Strickland have Leave to go into the Country, upon extraordinary Occasions.
Ordered, That Mr. Bence have Leave to go into the Country for Ten Days, upon extraordinary Occasions.
Ordered, That Mr. Bushy Mansell have Leave to go into the Country, upon extraordinary Occasions.
Commissioners of Accounts.
A Bill for taking and stating the publick Accounts for the Year 1695, was read the First time.
Resolved, That the Bill be read a Second time.
Proclamation for Apprehending Mr. Standish.
Resolved, That an humble Address be presented to his Majesty, by such Members of this House as are of his Majesty's most Honourable Privy Council, That he will please to issue out his Royal Proclamation for taking and apprehending of Mr. Standish, of Standish in the County of Lancaster.
Ways and Means.
Sir Thomas Littleton, reported, from the Committee of the whole House, to whom it was referred to consider of Ways and Means for raising the Supply to be granted to his Majesty, for carrying on the War against France with Vigour, the Resolutions of the said Committee; which they had directed him to report; and which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; viz.
1. Resolved, That it is the Opinion of this Committee, That towards the Supply, to be granted to his Majesty, for carrying on the War against France with Vigour, a Duty be laid upon Glass.
2. Resolved, That it is the Opinion of this Committee, That a Duty of Twelve-pence a Dozen be laid upon all Glass Quart Bottles.
3. Resolved, That it is the Opinion of this Committee, That a Duty of Six-pence a Dozen be laid upon all Glass Pint Bottles.
4. Resolved, That it is the Opinion of this Committee, That the like Duty, in proportion, to what is laid upon (fn. 1) [Quart] and Pint Bottles, be laid upon all other green Glass Bottles, of a greater or lesser Size.
5. Resolved, That it is the Opinion of this Committee, That the like Duty, in proportion, be laid upon all Flask Glass Bottles.
6. Resolved, That it is the Opinion of this Committee, That a Duty of 20l. per Cent. ad valorem, be laid upon all Flint Glass.
7. Resolved, That it is the Opinion of this Committee, That a Duty of 15l. per Cent. ad valorem, be laid upon all other Glass, not otherwise charged, except Windowglass.
8. Resolved, That it is the Opinion of this Committee, That a Duty of 20l. per Cent. ad valorem, be laid upon all Plate-glass, or Glass-plates.
9. Resolved, That it is the Opinion of this Committee, That a Duty of 10l. per Cent. ad valorem, be laid upon all Window-glass.
10. Resolved, That it is the Opinion of this Committee, That the like respective Duties be laid upon all Glass imported, over and above all Duties payable for the same, as Glass made in England is charged with.
11. Resolved, That it is the Opinion of this Committee, That the like Duties be laid upon all Stone and Earthen Bottles imported and made in England, as upon Glass Bottles.
12. Resolved, That it is the Opinion of this Committee, That a Duty be laid upon all Coal water-borne, in Ships, or other Vessels, in order to be shipped.
13. Resolved, That it is the Opinion of this Committee, That a Duty be laid upon all Culm water-borne, in Ships, or other Vessels, in order to be shipped.
14. Resolved, That it is the Opinion of this Committee, That the said Duty upon Coals be 5s. per Chaldron, reckoning Six-and-thirty Bushels to the Chaldron, Winchester Measure.
15. Resolved, That it is the Opinion of this Committee, That the Duty upon Culm be 1s. per Chaldron, according to the same Measure.
16. Resolved, That it is the Opinion of this Committee, That a Duty of 5s. per Ton be laid upon all Coal imported from Scotland, over and above the Duties now payable upon the same.
17. Resolved, That it is the Opinion of this Committee, That the said respective Duties upon Coal and Culm be paid at the Port, or Place of Importation, except as to what shall be exported for Ireland.
18. Resolved, That it is the Opinion of this Committee, That the said Duty upon Coal and Culm exported for Ireland shall be paid at the Port, or Place, where the same shall be shipped.
19. Resolved, That it is the Opinion of this Committee, That towards the Supply, to be granted to his Majesty, for the Service of the Year 1695, for carrying on the War against France with Vigour, the Remainder of the Term of Ninety-nine Years, after the Lives determined, vested in the Crown by an Act made in the 4th and 5th Years of the Reign of King William and Queen Mary, intituled, An Act for granting to their Majesties certain Rates and Duties of Excise upon Beer, Ale, and other Liquors, for securing certain Recompences and Advantages, in the said Act mentioned, to such Persons as shall voluntarily advance the Sum of Ten hundred thousand Pounds, towards carrying on the War again France, be disposed of.
20. Resolved, That it is the Opinion of this Committee, That an Estate, not exceeding Ninety-Six Years, charged with the Lives in being, be granted upon the Fund provided by an Act, made in the 5th and 6th Years of the Reign of King William and Queen Mary, intituled, An Act for granting to their Majesties several Rates and Duties upon Tonage of Ships and Vessels, and upon Beer, Ale, and other Liquors, for securing certain Recompences and Advantages, in the said Act mentioned, to such Persons as shall voluntarily advance the Sum of Fifteen hundred thousand Pounds, towards carrying on the War against France with Vigour; and be disposed of.
21. Resolved, That it is the Opinion of this Committee, That the Remainder of the said Term of Ninety-nine Years be disposed of to the Persons who have Lives thereupon; at Four Years and an Half's Purchase.
22. Resolved, That it is the Opinion of this Committee, That, in Default of the said Persons purchasing the Remainder of the said Term, by a certain Time, the same be disposed to any other Person, at Five Years Purchase.
23. Resolved, That it is the Opinion of this Committee, That, as to the Estate not exceeding Ninety-six Years, to be granted, such Part thereof as is charged with One Life, be disposed of to the Persons who have Lives thereupon, at Four Years and an Half's Purchase.
24. Resolved, That it is the Opinion of this Committee, That, in Default of the said Persons purchasing the said Estate, after One Life, by a certain Time, the same be disposed to any other Persons, at Five Years Purchase.
25. Resolved, That it is the Opinion of this Committee, That the Duties upon Burials, Births, Marriages, Coals, and Glass, be granted to his Majesty for the Term of Five Years.
The First 16 of the said Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.
The Seventeenth Resolution being read a Second time;
An Amendment was proposed to be made, by leaving out "except as to what shall be exported for Ireland:"
And the same was, upon the Question put thereupon, agreed unto by the House.
Resolved, That the House doth agree with the Committee in the said Resolution, so amended, That the said respective Duties upon Coal and Culm be paid at the Port, or Place of Importation.
The Eighteenth Resolution being read a Second time:
And the Question being put, That the House do agree with the Committee in the said Resolution, That the said Duty upon Coal and Culm, exported for Ireland, shall be paid at the Port or Place, where the same shall be shipped;
It passed in the Negative.
The Residue of the said Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.
Ordered, That a Bill or Bills be brought in, upon the several Resolutions for the Supply, which have been agreed unto by the House: And that Mr. Solicitor-General do prepare, and bring in, the same.
Ordered, That a Clause be brought in for a Draw-back, upon the Exportation of all Glass, upon Oath first made, that the Duty was paid before.
Ways and Means.
Ordered, That the Report from the Committee of the whole House, to whom it was referred to consider of Ways and Means for raising the Supply to be granted to his Majesty; and which was, the 28th of February last, ordered to be made upon that Day Sevennight; be made upon the 10th Day of May next.
Corrupt Application of Money by E. I. Company.
Mr. Foley reported, from the Committee, who were appointed, on Thursday last, to inspect the Books of the East-India Company, and also the Books of the Chamberlain of London, the several Matters, as they appeared to the Committee; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; viz.
As to the East-India Company.
That the Committee, as soon as they came to the EastIndia House, understood, Some Clerks of the Company, by Order, had lately taken out of their Books an Account of all Money paid for the special Service of the Company, beginning in the Year 1688; which the Committee called for: The Abstract of which is as followeth:
Paid in Cash for the Company's special Service.
|In the Year 1688||1,284||13||6|
Upon which the Committee observing, That the greatest Payment was in the Year 1693; they searched for the Orders for the issuing of that Money; the chief of which were,
One dated the 13th of April 1693; at a Court of Committee, in the Words following:
The Governor, this Day acquainting the Court with what Proceedings had been made in their Affairs, towards granting a new Charter; and with what had been disbursed by him in Prosecution thereof; the Court approved of the said Charges; and ordered a Warrant to be made out for the same; returned him Thanks for his great Care, Pains, and Trouble in their Service; and desired him to proceed in the perfecting thereof.
Another was dated the 24th of November 1693, at a Court of Committee, held the same Day; viz.
The Governor, this Day making a Representation of what Sums of Money had been by him disbursed in the Management and Carrying on of the Company's Affairs, for their Service; the Court approved thereof; and ordered, That a Warrant be made out for making the same paid in Cash accordingly; giving him their Thanks for his great Care and Pains taken therein.
Another was at a Court of Committee, the 22th of January 169¾ in the Words following:
It being represented to the Court, That in the further Prosecution of the Company's Affairs, and in order to their Settlement, there has been several Sums of Money disbursed, amounting to 30,000l. in the Whole; the Particulars whereof are now laid before them, and Consideration thereof had; it is ordered, That the said Money be made paid in Cash; and that a Warrant be made out accordingly.
That the Committee find, by Examination of most of the Persons present at the aforesaid Committees, That the Governor, in the said Committees, did only in general inform, what Sums he had disbursed, without naming the Particulars, to whom, or for what Service; which, several of them said, was a new Course, since Sir Thom. Cook came to be Deputy-Governor, or Governor; but at all times, before he was concerned, the Particulars of all Sums, for the special Service of the Company, were declared.
Corrupt Application of Money by E. I. Company.
Further, the Committee found, That in pursuance of the First Order, dated the 19th of April 1693, 22,275l. was paid out of Cash, in pursuance of that Order; and 24,983l. in pursuance of the next Order, the 24th of November 1693; and 30,000l. in pursuance of the last Order of the 22th of January 1693; amounting in all to 77,258l.; besides several smaller Sums, amounting in the Whole, to 10,144l. 12s. 3d.; which, with the former Sum, makes 87,402l. 12s. 3d. all issued whilst Sir Tho. Cook was Governor, and Francis Tyson Esquire Deputy-Governor, for the special Service of the Company.
Besides those Warrants, the Committee found what was called a previous Order: A Copy of which is as follows:
At a Court held the 24th of November 1693.
Sir Thomas Cook Governor,
Francis Tyson Esquire Deputy-Governor:
It is ordered, That the Cashier-general do, from time to time, make Payment of such Sums of Money, for carrying on of the Company's Service, as the Governor shall direct, pursuant to the Sense of the present Debate.
By virtue of which, the Governor received several Sums between that and the 22th of January following; at which time, he declared, he had disbursed 30,000l.; and had an Order then for placing the same to Account; as is before observed.
The like previous Order was alleged to be made before the other Warrants for the 22,275l. and 24,983l.; but the Committee had not time to inspect the same.
That the Committee understood, That, at a Court held the 20th of December 1694, several Members were impowered to meet, and consider the Matters to them referred, by Order of the 14th of November 1694; who, in pursuance thereof, had drawn up a State of the Company's Cash, to be presented to the Company, dated at the East-India House the 7th of March 1694: In which State near all the aforesaid Sums were observed to be paid, and placed to the Company's Account of Charges general paid out of Cash; viz.
Of the Disposal of which Money, the Committee say, They have been able to obtain no further Account, than that the same is made paid in the Company's Books, in general Terms, for special Service; and that a great Part thereof was, as they are informed, put into the Hands of Sir Bazil Firebrace: And the most material Orders of Court, that appeared to them, to relate to the greatest Sums, were those of the 13th of April 1693; the 24th of November 1693; and the 22th of January 1693; before observed.
In the said State, drawn by the said Committees, they observe, That, upon Examination of the Company's CashBook, they found the Balance, the 31th of October 1694, was 124,249l. 15s. 10d.: They demanded of Mr. Portmans, the Cashier, If he had the same in Cash? He replied, He had not: But, instead thereof, laid before them, in Writing, on the 22th of November 1694, That 90,000l. was lent upon Sir Thomas Cook's Notes; with other Particulars, which make up the above-mentioned Balance.
For which 90,000l. Mr. Portmans produced the then Governor Sir Tho. Cook's Note, in hæc verba.
Received, the 10th of January 169¾, for Account of the East-India Company, Ninety thousand Pounds; which I have disbursed and paid, for Ninety-nine thousand One hundred Ninety-seven Pound Stock in the East-India Company, for their Account: Which I promise to be accountable, for Account of the EastIndia Company; and was by Order of Court of the 24 of November 1693.
The said Committee do observe, That they do not find any Warrant for the said Sum, or any of that Stock transferred in the Company's Books for their Account, excepting 18,300l. Stock, the 16th of January last.
The Committees of the East-India Company, besides the State above of Cash, did draw up another State of Contracts: In which they say, They found a Contract, bearing Date the 26th of February 1693, for 200 Ton of Saltpetre, to be brought home in the Ship Seymour, from India, to pay the Sum of 12,000l. for the same, and 25l. Freight per Ton to the Owners of the Ship, besides all Charges here: 2,000l. Part of the said 12,000l. was the Sum sent out to purchase the said Saltpetre, is actually paid out of the Company's Cash; and a Bond for the remaining 10,000l. is given under the Seal of the Company, payable the 31th of March next; viz. 1695; whether the Ship arrived in Safety or not; with this Limitation only, That if 200 Ton of Petre was not laden upon the said Ship, then to pay in proportion to the Want thereof: So that the Result of this Contract is, The Company runs the Adventure of 12,000l. for that which cost only 2,000l.; and must consequently lose 12,000l. if the Ship miscarry; and, on the contrary, the Seller, on the other hand, gets 10,000l. clear, without disbursing, or running the Hazard of, One Peny: And what is yet more, a certain Loss of 9, or 10,000l. will attend, if the Ship arrive in Safety.
That the Committee examining the Members of the Company, concerning this State, they own the Contract to be true; that the 2,000l. was paid; and the Bond given to Mr. Thomas Colston.
About the same time this Contract was made, it appeared to this Committee, That so many of the Interlopers as would sell their Shares, they had in the Interlopers, to the East-India Company, were allowed their first Cost, and 25l. per Cent. Advance: Which was done by giving them Credit for so much in the East-India Books.
That the Committee finds, Sir Samuel Dashwood, Sir John Fleet, John Perry Esquire, Sir Joseph Herne, Sir Tho. Cook, are mentioned to be present at the Court of Committees, when the Orders above recited were made: But, they being all Members of this House, the Committee did not think fit to send for them, in order to their Examination.
And, upon the whole Matter, it appeared to the Committee, That the Money issued during the Time of Sir Joseph Herne and Sir Tho. Cook's Government, was disposed of by them for private Service; which they have caused to be placed to the Company's Account, under the Head of Charges-general; of which, the rest of the Committees, who were present at the Debate, and making those Orders, most of them, except the Members of this House, have been examined by the Committee, are not able to give any Account.
But one of them; viz. Sir Benjamin Bathurst, said, Sir Joseph Herne had the greatest Part of the 13,532l. 9s. 2d. to dispose of: And Sir Benj. Bathurst would have called for an Account thereof; but Sir Tho. Cook desired he would not: And the Committee of Nine, who was to inspect the whole Matter, have often called upon Sir Tho. Cook to give an Account to whom he has distributed the Money he received; to whom he sometimes promised to give an Account; but never did: And at another time said, It was not convenient for them to have it; so that the Secret of that Service, and the placing of that Money, lies principally with Sir Tho. Cook and Sir Jos. Herne.
Sir Benjamin Bathurst being examined, he said, That finding so great a Sum as 30,000l. charged for secret Services, he had some warm Discourse with Sir Thomas Cook about it, to know how it was disbursed; but he refused to give him any Particulars; and told him, He should remember he was bound, by his Oath to the Company, to keep their Secrets: To which he answered, He was also bound by Oath to be true to the Interest of the Company.
Sir Benjamin Bathurst further said, That, about April 1694, understanding they were in want of Money, he looked into the Cash-Book, which casting up, he found a considerable Sum in Cash; and, taking some Persons with him, discoursed Sir Thomas Cook thereof; who said, The 90,000l. he had received was to gratify some Persons, in case the Bill should pass.
Sir Benjamin says, Sir Thomas Cook, and Sir Bazil Firebrace made the Bargain about Saltpetre; but he knew nothing of it till he came into Court.
Sir Bazil Firebrace, being examined, owned, He had received upward of 16,000l.; of which he has given an Account to the Company; which was for buying Shares of Stock; and of which the Company had allowed: But said, He knew no Ground the Committee of Nine had to say, That a great Part of the other Sums were put into his Hands.
He owns, He invited several Persons to come into the Company; and offered to lay down Money for several, and that if they liked it not at the Year's End, he would then take it off their Hands; and to Members of the House of Commons, among others; and gave an Account to the Company of his doing so; who promised to indemnify him.
Concerning the Accommodation with the Interlopers; The Company had a Letter, from the Lord Nottingham, That it was the King's Pleasure, that they should come to an Agreement with the Interlopers; the Proposal to whom was, 25l. per Cent. for bringing in their Stock to the Company; and one Half of the Profit besides; which about one Half of the Interlopers accepted: But Mr. Godfrey, and some others, standing upon 30 per Cent. Mr. Colston went off with them, and did not come into the Company.
Mr. Ward said, It was agreed by the Interlopers, That only 2,000l. should be employed in buying of Saltpetre; and Mr. Colston was . . . . the Advantage thereof; which, he believes, was not for Mr. Colston himself, but for some other Gentlemen: And the original Inducement to the Leave of the Interlopers going out was, That Agreement with Mr. Colston.
As to the Orphans:
Charge against Sir John Trevor, Speaker.
That the Committee found an Order of the CommonCouncil for the City of London, dated the 24th of January 1693, which nominated and appointed Sir Thom. Stamp, Sir Francis Child, Sir James Houblon, and Sir Wm. Hedges, Knights, and Aldermen; Sir Henry Furnace Knight, Mr. Deputy Ayres, Mr. Gilbert Heathcot, Mr. John Johnson, Colonel Tho. Cuthbert, Mr. Tho. Cudden, Mr. John Harvey, Mr. Daniel Dorville, Commoners; or any Two of the said Aldermen, and Four of the said Commoners, to be a Committee, to consider of Ways and Means for satisfying the Debts due to the Orphans of this City; and to solicit the Parliament for a Bill for that Purpose: In which it is ordered, That Mr. Chamberlain do, from time to time, issue out and pay all such Sums of Money as are required by, and necessary for, the said Committee for promoting the said Service; and the Members who serve for this City in Parliament, are desired to be assisting to the said Committee, as there shall be Occasion; and Mr. Borret, the City Solicitor, is to attend the said Committee.
That the Committee found an Order, made by the said Committee, dated the 12th Day of February 1693, reciting the said Order of Common-Council; and ordering, That Mr. Chamberlain do pay to the Honourable Sir John Trevor Knight, Speaker of the Honourable House of Commons, the Sum of One thousand Guineas, so soon as a Bill be passed into an Act of Parliament, for satisfying the Debts of the Orphans, and other Creditors of the said City: Which Order was subscribed by all the said Committee appointed by Common-Council, except Sir James Houblon and Mr. Deputy Ayres: And on the Back of the said Order was this Indorsement: viz.
Charge against Sir John Trevor, Speaker.
That the Committee understood, Sir Robert Clayton was ill, and out of Town.
They sent for, and examined, Sir James Houblon, who said, He refused to sign the Order of the Committee, of the 12th of February, not approving thereof: And, being offered a Second time, he refused it again; and abhorred it: But that Sir Robert Clayton did, on the 22th June 1694, send for him to come to him; who accordingly, imagining it was only to meet some Aldermen, went to him; where he found the Chamberlain: And, at Sir Robert's Desire, they went together to the Speaker, to give him Thanks for his Pains about the Orphans Bill; and, as soon as Sir Robert and he had passed a Compliment on the Speaker, the Chamberlain pulled out a Note or Bill, which he delivered the Speaker; which the Speaker took; and presently they all took their Leave of him, and came away:
Sir James Houblon faith, He did not know the Contents of the Bill; but the Chamberlain said, It was for Eleven hundred Pounds; and that, within Two or Three Days afterwards, the Speaker sent for the Money, and had it accordingly; but he placed it to Account, according to the Day he delivered the Bill; which was the 22th of June.
That the Committee observed, That the Order of the Committee of the Common-Council, which now stands dated the 12th of February, was at first dated the 13th of February; and that the Person named therein was put in by a different Hand: And, examining who first wrote the Warrant, Mr. Borret owned it was his Hand-writing: And at first said, That he believed the Blank at first left therein, was filled up with the Speaker's Name, before the Committee signed it; because he believed they would not set their Hands to a Blank: But all the Committee who signed it, who appeared upon Summons, declaring, most of them positively, That there was a Blank for the Person's Name, when they signed it; and the rest being doubtful; Mr. Borret afterwards said, The Blank might be filled up afterwards; but he could not tell the Time: Mr. Borret owned, he filled up the Blank with another Pen.
Sir Thomas Stamp was out of Town; and Sir Henry Furnace was sick: The rest appeared before the Committee.
Sir Francis Child, on his Examination, owned, He had subscribed the Paper of the 12th of February, as one of the Committee: But faith, He did not attend the Committee, nor Sir Robert Clayton when he attended the Speaker; and could give little Account of this Matter.
Sir Wm. Hedges owned his Hand to the Order of the Committee; and that he was at the Committee who agreed this Matter: He faith, Mr. Borret, as he thinks, was the Person who told the Committee the Bill could not pass, without giving That Sum; and though the Order was drawn with a Blank, yet the Discourse at the Committee was, That the Speaker was the Person to whom the Sum was to be given: He knew nothing of the Speaker's being acquainted therewith.
Charge against Sir John Trevor, Speaker
Mr. Daniel Dorville owned, He had subscribed the Order of the Committee: He faith, That he attending in the Lobby, at the House of Commons, upon Account of the Orphans, Mr. George Finch, Merchant, told him, That if there were not some Guineas given, That Bill would not go on; and said, Two thousand Guineas was necessary to give him, meaning the Speaker, as he understood: And that Mr. Borret likewise declared his Opinion, That Money must be given; and, he believeth, Mr. Borret was the first that moved it in the Committee, and named the Sum: But after the Committee had agreed thereunto, the Bill going on, Mr. Finch asked, What they had given? Which Mr. Dorville refused to tell him; but he believes, and understood, That, before the Bill passed, or any thing material was done in it, the Speaker had notice of the said Order of the Committee, and approved thereof; but knows not whether by Mr. Borret's Means, or by what other Hand.
Mr. Thomas Cuddon owned his Signing of the Order of the Committee: He saith, The first Rise of this Matter was, That, having prosecuted a Bill for this Purpose, in former Sessions, for a long time, without Effect, the Committee thought it proper to give this Sum to the Speaker, for Leave for the Bill to be brought in; and it was signed by the Committee, before the Bill was carried into the House; and believes, that the Purport of this Order was imparted to the Speaker, before the Bill was carried into the House: And further saith, That Mr. Dowse, and Mr. Shepherd, and, he thinks, Mr. Geo. Finch, Persons soliciting for the Orphans, told him, It would cost them as much as it would cost the City.
Mr. John Harvey owned the Signing of the Order; and that in the Committee there was a Discourse of several Sums to be given, to procure the Bill to pass; some naming 500, others 1,000, some 2,000 Guineas: But he doth not remember any Person to be named to receive the same.
Mr. John Johnson gave the like Testimony.
Mr. Gilbert Heathcot said, He was not present at any Meeting of the Committee; but that he was the last Person that subscribed the Order; which he did by the Example of those who subscribed before him.
Colonel Thomas Cuthbert owned his subscribing the Order; and that he was present at the Committee, where it was agreed to give 1,000 Guineas; but knoweth not the Rise or Occasion of it, other than the Clamour of the Orphans, That the City were close-handed, and thereby had done them no good; which, he believes, was the Reason why the City did consent to give a Thousand Guineas.
Mr. Borret, being examined, owned, He had in the Committee given his Opinion, That 1,000 Guineas should be given to the Speaker: He saith, after the Order was signed, it was kept in his Hands for a Month, or Six Weeks, and then delivered back by him to the Committee.
Being asked of his Belief, Whether the Speaker knew of this Order before the Bill passed? he saith, He doth believe he did know of it; for he, to satisfy the Clamour of the Orphans, had told their Agent; who, he believes, had easy Access to the Speaker; but that, from the time of Signing, to the time of his Examination, he had not been with the Speaker, nor sent to him.
Charge against Mr. Jodrell, &c.
That the Committee found another Order of the Committee nominated by the Common-Council, dated the 26th of April 1694, reciting the Order of CommonCouncil, and ordering the Chamberlain to pay to Paul Jodrell Esquire the Sum of One hundred Guineas, for his Pains and Service in assisting to pass the Bill in Parliament, for satisfying the Debts of the Orphans, and other Creditors of the said City; which was subscribed by most of the Members of the said Committee, together with Sir James Houblon and Deputy Ayres, who refused to sign the other Order of the 12th of February: On the Back of which was the like Indorsement, That the Hundred Guineas were paid to Paul Jodrell Esquire, the 22th of June 1694, in the Presence of Sir Robert Clayton and Sir James Houblon: And the Payment thereof was entered in the Chamberlain's Book, the 22th of June 1694, at 22s.; being 110l.
The Members who subscribed that Order owned their Hands, and said, It was after the Bill was passed.
That the Committee found in the Chamberlain's Books the several Payments following, to Mr. Borret the CitySolicitor; viz.
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These Sums were applied to defray the Charge of drawing the Bill; making Copies thereof; and of Petitions and Orders, with relation to the said Bill: Amongst which Payments they find;
February 19. Paid Mr. Solicitor-General, for his Advice therein, Five Guineas.
21. Paid Mr. Harcourt, by Order, Five Guineas.
March 23. Paid Mr. Hungerford, Chairman of the Grand Committee, for his Pains and Service, 20 Guineas.
Paid Mr. Jodrell, as by his Bill, 60l. 9s. 6d.
Which Accounts were allowed by the said Committee.
That the Committee understood, That the Orphans, for the procuring of this Bill, had given Bond to Mr. Smith and Mr. Charles Nowis, to allow them Twelve-pence in the Pound, when the Bill was passed, for their Pains and Charges in that Matter: Which Contract being made void, in that Bill, the Court of Aldermen were impowered to satisfy them their real Expences: Upon which they applied themselves to the Court of Aldermen; and got a Petition to be signed by many of the Orphans, That they were willing, notwithstanding the Act of Parliament, they should be allowed 12d. in the Pound; and the said Nowis and Smith brought in a Bill to the said Committee, of their Charges, amounting to 3,457l. 16s.; but, as was alleged, they pretended to be a great deal more out of Purse; by which Argument they got Subscriptions to the said Petition: In which Bill there is charged, Paid to Mr. Geo. Finch, for carrying on the Act, 1,650l. And
Mr. Dowse said, That Mr. Smith told him, They were out of Pocket great Sums of Money, upon Account of the Orphans Bill: And, when he was solicited to subscribe the Petition, for their having 12d. in the Pound, he would have had them taken 6d.; to which they replied, It would not answer their Expectation, for they had been out, in this Matter, more than 10,000l.
Mr. Nowis and Mr. Smith, being examined here, did utterly deny, That they had given any Money to any Member of Parliament, on the Account of the said Bill, or knew of any to be given: But they were willing to get what they could; having taken a great deal of Pains in long soliciting the same.
They did say, That notwithstanding they charged 1,650l. to be paid Mr. Geo. Finch, yet they had not paid him any Money; but, having delivered up his Bond for the 12d. in the Pound, they valued his Share of the Orphans Debt to amount to that Sum.
Mr. George Finch, being examined, did deny to have received any thing from Mr. Nowis or Mr. Smith, or by their Order: But saith, That he did apply himself to several of the Orphans for Money, upon Suggestion that there was Obstructions to the Bill, which must be removed by Money; and that he did receive One hundred Pounds from Mr. John Chadwick; 100l. of Mrs. Harvey; 100l. of Mr. Scott; 50l. of Mr. Herne; and had a Promise of 100l. from Sir John Smith, which is not yet paid.
That the Obstructions he meant was, to take off those who petitioned against the Duty laid, in the said Act, upon Wines: And, finding the Parties concerned to be very many, he did not treat with them; but kept the Money to his own Use, because he had been at Charges in this Matter.
He did deny his paying any Money to any Member of Parliament: But, wavering in his Discourse, and being again asked, If he ever did distribute, or know of any Money distributed, on Account of the Orphans Bill? said, It was a hard thing to be asked such Questions: Which was all the Committee could get from him.
Mr. John Chadwick, and Mr. Hern, proved the Payment of the Money to Mr. George Finch; but could give no Account what he had done therewith.
Mr. George Finch denying he received any more Money than that from Mr. Chadwick, &c. amounting to 350l.; which, or Part thereof, was paid in, for his Use, to Mr. Hornbys; and yet, being charged by Mr. Nowis, and Smith, with 1,650l. in their Bills; though, on their Examination by the Committee, they deny they had paid him any; they thought Mr. Hornbys Books might clear this Matter, they keeping Mr. Finch's Account; and therefore sent for them.
Mr. Nathanael Hornby came, upon their Summons, without the Books; and, being told, it was to determine a Difficulty about Mr. Finche's Receipts and Payments, he absolutely refused to let the Committee have a Sight thereof; and said, He would not discover to any one whatever, what any Person owed them; or what they owed any Person; but, upon better Thoughts, he did shew his Books; but nothing material appeared thereby to this Matter.
Mr. Chiswell, one of the Company of the Light-Office, informed your Committee, That the Company, having been out of Purse 16 or 17,000l. applied themselves to the Commons for a Bill to settle that Matter; which miscarrying last Session but one, Serjeant Topham, who also was one of the Company, told him, They must do as others did, and take another Course, if they would have any Success; and do as the East-India Company had done.
Mr. Chiswell brought the Book of the Company to your Committee; who find entered therein the Orders following:
Light-Office, Wednesday, January 17th, 169¾.
Ordered, That Sir Thomas Millington, Dr. Hobbs, Mr. Rokeby, Mr. Topham, and Mr. Chiswell, or any Three of them, manage our Affairs in Parliament, by such Methods as they shall think fit.
Light-Office, January 17th, 169¾.
Ordered, That the Treasurer issue and pay all such Monies as the said Committee, or any Three of them, shall order and direct, for the Management of the said Affair; which Orders for such Monies shall be a sufficient Discharge to the Treasure for the same; and for which the said Committee shall not be accountable.
Light-Office, Friday, April 6th, 1694.
Ordered, That a Note for 440l. be taken, payable to Bearer, and delivered to Mr. Chiswell; which he is to pay away upon Account of the Act of Parliament, in pursuance to an Authority given by an Order made the 17th of January last.
April 18th, 1694.
That Twenty-three Pound Thirteen Shillings and Fourpence more be paid Mr. Chiswell, and others of the Committee; which they are to pay away upon Account of the Act of Parliament, in pursuance to an Authority given them by an Order made the 17th of January last, 23l. 13s. 4d.
April 10th, 1694.
Paid by Mr. Fowle and Wootton; their Note delivered to Mr. Chiswell, &c. in Part of Charges for the Act of Parliament (Vide Minute, April 6th, 1694.) 440l.
Mr. Chiswell said, Mr. Topham and Mr. Burton undertook the Management of the Affair of the Light-Office; and Mr. Topham told him, The disposing of this Money was to engage some Friends in the House of Commons.
Mr. Chiswell owned he had the Bills according to those Orders; and he delivered them to Mr. Burton, who disposed them according to Mr. Topham's Direction, as he believes; but he did not ask him to whom.
Mr. Burton, and Mr. Topham, are both dead since.
Ordered, That Candles be brought in.
And they were so.
Resolution against Sir John Trevor, Speaker.
Resolved, That Sir John Trevor, Speaker of this House, receiving a Gratuity of a Thousand Guineas, from the City of London, after passing of the Orphans Bill, is guilty of a High Crime and Misdemeanor.
Ordered, That the Debates of the said Report be adjourned till To-morrow Morning.
And then the House adjourned till To-morrow Morning, Nine a Clock.