Journal of the House of Commons: Volume 11, 1693-1697. Originally published by His Majesty's Stationery Office, London, 1803.
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'House of Commons Journal Volume 11: 24 April 1695', in Journal of the House of Commons: Volume 11, 1693-1697, (London, 1803) pp. 316-319. British History Online https://www.british-history.ac.uk/commons-jrnl/vol11/pp316-319 [accessed 25 April 2024]
In this section
Mercurii, 24 die Aprilis;
7° Gulielmi Tertii.
Prayers.
Prohibiting Commerce with France.
RESOLVED, That this House will, To-morrow Morning, resolve itself into a Committee of the whole House, to consider of the ingroffed Bill, from the Lords, intituled, An Act for declaring the Commencement of an Act, intituled, An Act for continuing the Acts for prohibiting all Trade and Commerce with France, and for the Encouragement of Privateers, to be, from the Time that it passed the Royal Assent; to wit, on the 14th Day of March1692.
Ordered, That the Petitioners, in the Petition presented to the House Yesterday, relating to the said Bill, be heard at the Committee, to whom the said Bill is committed.
Ordered, That Sir Charles Hedges, Judge of the Admiralty, do attend the said Committee.
Compelling Craggs, &c. to account.
The Counsel for Mr. James Craggs and Mr. Richard Harnage, attending, were called in; and heard; according to Order.
And then withdrew.
Punishing T. and E. Pauncefort, &c.
Also the Counsel for Mr. Tracy Pauncefort and Mr. Edward Pauncefort, attending, were called in; and heard; according to Order.
And then withdrew.
Ordered, That the Report from the Committee of the whole House, to whom the Bill to oblige Mr. James Craggs and Mr. Richard Harnage to discover how some of the Monies, relating to cloathing the Army, have been disposed of; and for punishing them in case they shall not make such Discovery; and also, the Bill for punishing of Mr. Tracy Pauncefort and Mr. Edward Pauncefort for corcorrupt Practices, in with-holding Money from the Officers of the Army; were committed; be made To-morrow Morning.
Preventing counterfeiting Coin.
An ingrossed Bill, from the Lords, intituled, An Act to prevent counterfeiting and clipping the Coin of this Kingdom, was read the Third time.
An Amendment was proposed to be made in the Bill, Pr. 6. L. 7. by leaving out "aforesaid:"
And the same was, upon the Question put thereupon, agreed unto by the House.
An ingroffed Clause was offered, as a Rider, That no Persons shall export any Bullion but in their own Names:
And the same was Thrice read; and upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.
Another ingrossed Clause was offered, as a Rider, * * * *.
Another ingrossed Clause was offered, as a Rider, for Liberty to export Bullion for the Use of the Army.
And the Question being put, That the Clause be brought up to the Table;
It passed in the Negative.
Ordered, That the Bill do lie upon the Table.
Encouragement of Privateers.
An ingrossed Bill for the better Encouragement of Privateers was read the Third time.
An ingrossed Clause was offered, as a Rider, with Blanks * * * *:
And the same was twice read; and the Blanks filled up:
And then the Clause was read the Third time; and, upon the Question put thereupon, agreed unto by the House to be made Part of the Bill.
Resolved, That the Bill do pass: And that the Title be, An Act for the better Encouragement of Privateers.
Ordered, That Mr. Harcourt do carry the Bill to the Lords, and desire their Concurrence thereunto.
Examination of Sir T. Cooke.
Mr. Comptroller made a Report from the Committee of Lords and Commons appointed to hear and examine Sir Thomas Cook, by virtue of an Act, intituled, An Act to indemnify Sir Tho. Cooke from Actions, which he might be liable to, by reason of his Discovery to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East IndiaCompany; or for any Prosecution for such Distribution; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same was read; and is as followeth;viz.
Die Martis, 23 Aprilis 1695.
In the Exchequer-Chamber.
Sir Thomas Cook being called in, and the Act read; he thereupon observed to the said Committee, something relating to the Clause touching his Imprisonment; and did desire, That in case he should then make a full and perfect Discovery, to the Satisfaction of the Committee, it might by them be represented to each House, so as he might obtain their Votes for his Discharge; he apprehending, by the Act, That no Person is impowered to release him, in case of such Discovery:
Whereupon the Committee acquainted him, That they were of Opinion, if he made a full Discovery, he would not be liable to the Penalty of the Act; but, however, his Scruple should be fairly represented to both Houses.
Sir Thomas Cook, being sworn, acquainted the Commit tee, That, for their Ease, he had put his Confession down in Writing, a Copy whereof is hereunto annexed; the Original being read by him: And the Committee conceiving it to be imperfect, and not such as the Act requires, the Committee let him know, That they expected a more particular Account of those Matters from him.
To the first Sum of 10,000 l. mentioned in the said Writing, he faith, The same was paid to Mr. Tysonin November1692: That he gave him no Direction how it should be disposed; but it was in Expectation to have the Charter of the East-India Company confirmed, and new Regulations thereto made; and they concluded it for the Service of the Company: It was intended for the King; but he could not say the King had it.
He believes the East-India Company never had any Account how this 10,000 l. was disposed of: He told the Court, as he remembers, That he had disposed of the Money; and they required no Account thereof: He believes Mr. Tyssontold him, That he delivered it to Sir Josiah Child, who delivered it to the King: He faith, It is a customary Present: And that, in King Charles, and other former Reigns, the like had been done for several Years, which, by the Books of the Company, may appear:
That the Company, when this Present was made were in an ill Condition; and that he himself advanced this Sum; and had it not repaid in Four or Five Months time: The same, with the Interest thereupon due, was presented to the King in Tallies.
As to the 10,000 l. and 2,000 l. next mentioned in the Account, he faith, Those Sums were paid to Mr. Richard Acton, about the same time; who declared, He had several Friends capable of doing great Service to the Company's Affairs, and several of them would speak with Parliament-men:
That he could not particularize who they were; but the End aimed at was, to get an Act of Parliament.
He, Sir Thomas Cook, offered to give the Company an Account how the Money was disposed of; but they did not think sit to receive it.
And further faith, That he knows no Man, besides Mr. Acton, who can give an Account who had that Money: That he intrusted this Money wholly with Mr. Action, taking him for an honest and able Man; the Court having given him Power, as he conceived, to dispose of the Money by another Hand, as well as by his own.
That the Inducements for giving this Money, were, Fears of the Interlopers going out, and Subscriptions for a new Company going on; by which, they apprehended, the Company would be ruined:
That, to the best of his Remembrance, there was a Bill, at that time, for another East-India Company; and that the King had sent a Message to the House of Commons, to settle the East-India Trade.
That this 10,000 l. was advanced by Acton himself, and not repaid him in some Months after: Which Money, he believes, Acton paid away the same Sessions: The other 2,000 l. to Acton was for Interest, and for his Pains and Expences, which were great: Acton did say, He could tell some Persons employed in that Affair:
He did understand, This Money was to be laid out for promoting their Affairs in Parliament; but cannot say to whom it was given; but understood it went no farther than the House of Commons; and that he found no good Fruit by such Distribution.
That Mr. Actonhad, at that time, an Interest in the East-India Company, to the Value of 10,000 or 20,000 l. as he believes; and had so for some time: That he gave this 10,000 l. with the Privity of Sir Josiah Child; who recommended Action as a Person capable of doing the Company Service, having great Acquaintance with Parliamentmen, and others, who had Interest with them: That he knows not who Acton employed in the Distribution of this Money.
As to the 338 l. 7s. 6d. mentioned to be paid to Mr. Molineux; he faith, The same was paid him about the same time the Money was paid to Mr. Acton: That Mr. Molineux told him this Money was to be disposed of to the Lord Rivers, who was then Lord Colchester, and in the House of Commons: But further faith, That, since his Consinement, Molineux had been with him, to tell him, it was a wrong Thing; and that my Lord never had it, but that he had made use of it himself.
As to the further Sum of 250 l. mentioned in the said Paper to be paid Mr. Tyssen, for the Service of the Company; he faith, It was paid him about the same time, and was in relation to Salt-petre; but he cannot give any further Account thereof.
As to the 220 l. mentioned to be paid to Sir John Chardin; he believes it was for his own Use, having expended great Sums in the Company's Service.
As to the 350 l. paid to Mr. Dockmanique; he said, He believed he expended the same; but knows not to whom he gave it.
As to the 382 l. 1s. 8d. paid to Captain Germain; he faith, That Mr. Germain told him, he had lost about 700 l. in the Interest of the Interlopers; and, finding that Interest to decline, he applied himself to him, the said Sir Tho. Cooke, proposing, That if he might have half the Money which he had lost, repaid him, he would come into the East-India Company's Interest; upon which Consideration the said 382 l. 1s. 8d. was paid him.
Examination of Sir T. Cooke.
As to the 1,091 l. 13s. 4d. paid to Mr. Fitz-patrick, deceased; he faith, That Fitz-patrick told him, he had a great Interest with the Lord Nottingham; that he would try what he could do, and he did not doubt but he might accomplish great Services, provided he might have such a Sum of Money; but, he believes, the said Fitzpatrick kept the Money himself; That there was a Promise of a further Sum; but the intended Act of Parliament did not pass.
As to the 545 l. 16s. 8d. it was to be paid Mr. Charles Bates when the Charter was settled; and was paid accordingly in October1693: He himself had no Acquaintance with him; but Sir Basil Firebrace told him, he had Acquaintance with several Lords, and named the Marquis of Carmarthon, now Duke of Leeds.
As to the first 10,000 l. paid to Sir Bazil Firebrace; It was paid him about November1693; and it was always his Apprehension, that Sir Bazil kept it for himself, to recompense his Losses in the interloping Trade.
As to the several other Sums, which complete the further Sum of 30,000 l. paid to Sir Bazil; he faith, They were paid at one time, though depending upon several Contracts.
That it was agreed, That in case the Charter passed, that the Company should take 60,000 l. Stock of Sir Bazil Firebrace, at 150 l. per Cent; when the Charter was passed: He put this Stock upon the Company at 150 l. per Cent.; their Stock was then at 100 per Cent.; by which the Company lost 30,000 l.
He faith, He never could tell to whom this Money was distributed; nor would Sir Bazil give him an Account of that Matter, though often asked by him to do it; and Sir Bazil said, if he (fn. 1) were further pressed he would have no more to do in it.
That the Charter being passed, the Company paid the 30,000 l. about January93, in Recompence for the Fall of the Stock: The Company was also to transfer 40,000 l. more Stock, at 100 l. per Cent. if an Act passed, in 18 Months, for confirming and enlarging their Charter; but the Act of Parliament not being passed, the Contract for that 40,000 l. Stock became void.
Sir Thomas Cooke produced a Contract, dated the 19th September1693, which was mentioned to be made in Consideration of 300 Guineas paid to him; which Consideration he declared he had not received:
He likewise produced another Contract, dated 25 October . .92:
He faith, There were several Contracts; some to the Value of 60,000 l. on Account of procuring a new Charter; and others to the Value of 40,000 l. on Account of procuring an Act of Parliament: They were all in Sir Bazil Firebrace's Name: One of each Sort was by him produced, to shew the Nature of these Contracts.
He faith, The 30,000 l. was paid to Sir Bazil Firebrace, or his Order, upon Ten several Contracts: It was paid in Six several Sums; viz. 15 or 20,000 l. (and he thinks 10,000 l. a piece, because no more than that Sum can be subscribed by one Person) to Fowls and Wotton: To Mr. Edward Allen, Scrivener, 5,000 l. To Mr. Hornby, 5,000 l.
That the 30,000 l. and 10,000 l. was subscribed into the Stock of the East-India Company; and, he believes, the Subscribers can give further Informations as to these Sums.
He did not know, but the Reason why the 30,000 l. was in Ten several Contracts might be because Sir Bazil might have Occasion to distribute it to several Persons.
As to the 90,000 l. he faith, That it was 99,197 l. Stock, bought for 90,000 l. of several Persons, for the Use of the Company, to make good the Contract with Sir Bazil, if he should choose to accept Stock.
That the Stock was transferred to several Persons to the Company's Use: That he was accountable for it: That they had his own Obligation for the same; Part of which Stock was transferred to the Company; other Part was sold for their Use, and they have the Money.
Examination of Sir T. Cooke.
A true and full Discovery, upon Oath, made by Sir Thomas Cook, to the best of his Knowledge, how and in what Manner, and to what Person or Persons, and to what particular Uses, Intents, and Purposes, and on what Account, the Sum of 67,000 l. and the Sum of 90,000 l. have been distributed, paid, applied, disposed, or made use of: Which Discovery is in pursuance of an Act of this present Session of Parliament.
| £. | s. | d. | |
| Delivered to Francis Tyssen Esquire, several Tallies for 10,000 l. for the special Service of the Company | 10,000 | — | — |
| To Interest and Allowance due for the said Tallies till the same was repaid me | 597 | 8 | 10 |
| To Mr. Richard Action to desfray the Expences of himself, and for his Friends soliciting to prevent a new Settlement of an East-India Company, and to endeavour the Establishment of the old | 10,000 | — | — |
| To Ditto, for Interest of the Money, and Gratuity for his Pains, more | 2,000 | — | — |
| To Mr. Nath. Molyneux, Merchant, for himself and Friends in soliciting the Company's Affairs to prevent a new Charter, and to establish the old, 310 Guineas | 338 | 7 | 6 |
| To Charges on the Salt-petre, and for the Tallies and other Expences | 164 | 16 | 10 |
| To Francis Tiffen Esquire, for the Service of the Company | 250 | — | — |
| To what I find, by my Notes of Memorandums, is charged to myself, 100 Guineas | 109 | 3 | 4 |
| To Sir John Chardin, for several Expences and Services in the Company's Affairs | 220 | — | — |
| To Paul Dockminique Esquire, for soliciting the Company's Affairs to prevent a new Company, and to establish the old | 350 | — | — |
| To Captain John Germaine, in Consideration of Loss he had by East-India Stock, and on his Promise to come into the Company's Interest, 350 Guineas | 382 | 1 | 8 |
| To Colonel Fitzpatrick, for the Service done the Company by his Solicitation for a new Charter, 1,000 Guineas | 1,091 | 13 | 4 |
| To Charles Bates Esquire, on the same Account, 500 Guineas | 545 | 16 | 8 |
| To Sir Bazil Firebrace, in Recompence of his Trouble in prosecuting the Company's Affairs, and in Consideration of other Losses he had sustained, by neglecting his own Business, and by not engaging himself with the interloping Ships | 10,000 | — | — |
| To said Sir Bazil, for 50 l. per Cent. Loss on 10,000 l. (fn. 2) Stock, I was obliged to accept of him at 150 l. per Cent. being on the Company's Account | 5,000 | — | — |
| To ditto, for like Loss of 50 per Cent. on 9,000 l. Stock | 4,500 | — | — |
| To ditto, for a like Loss of 50 per Cent. on 8,000 l. Stock | 4,000 | — | — |
| To ditto, for a like Loss of 50 per Cent. on 7,000 l. Stock | 3,500 | — | — |
| To ditto, for a like Loss of 50 per Cent. on 6,000 l. Stock | 3,000 | — | — |
| To ditto, for a like Loss of 50 per Cent. on 5,000 l. Stock | 2,500 | — | — |
| To ditto, for a like Loss of 50 per Cent. on 4,000 l. Stock | 2,000 | — | — |
| To ditto, for a like Loss of 50 per Cent. on 1,000 l. Stock | 500 | — | — |
| To ditto, for a like Loss of 50 per Cent. on 6,000 l. Stock | 3,000 | — | — |
| To ditto, for a like Loss of 50 per Cent. on 4,000 l. Stock | 2,000 | — | — |
| To the Attorney-General, for his great Trouble and Pains about the Charters, and other Affairs relating to the Company, 500 Guineas | 545 | 16 | 8 |
| To the Solicitor General, on the same Account, 200 Guineas | 218 | 6 | 8 |
| To Mr. Sambrooke, &c. for Charges in passing the said Accounts | 218 | 6 | 8 |
| Tho. Cooke. | £.67,031 | 18 | 2 |
23 April 1695.
An Account of the Disposition of the 90,000 l. mentioned in the said Bill, which was for East-India Stock bought of several Persons, for Account of the East-India Company, as by the Particulars below appears; viz.
Persons ordered to attend.
Ordered, That Mr. Fowles, Mr. Wootton, Mr. Nath. Hornby, Mr. Allen, Mr. Tyson, Mr. Action, Sir Bazil Firebrace, and Sir Josias Child, be summoned to attend this House To-morrow Morning.
Examination of Sir T. Cook.
A Message from the Lords, by Sir Robert Legard and Mr. Holford:
Mr. Speaker,
The Lords do desire a present Conference in the Painted Chamber, upon the Subject-matter of the Examination of Sir Thomas Cook.
And then the Messengers withdrew.
To which the House agreed.
And the Messengers were called in again: And Mr. Speaker acquainted them therewith.
Resolved, That the Committee appointed to hear and examine Sir Thomas Cook, do manage the Conference.
And they went to the Conference.
And, being returned;
Mr. Comptroller reported, That they had met the Lords at the Conference; and that the Lord Privy-Seal managed the same on the Part of the Lords; and acquainted them, That the Lords had desired the said Conference to acquaint this House, That they have sent for Mr. Acton, Mr. Allen, Mr. Fowles, Mr. Wootton, and Mr. Hornby, in order to have them examined, as to the Sums charged on them by Sir Thomas Cook; and that they have likewise had an intimation, That Sir Bazil Firebrace is near at hand, and will very soon appear before their Lordships: Whereupon the Lords thought sit to let this House know, That it is the Opinion of their Lordships, that all future Examinations of any Persons that are mentioned in the Report of Sir Thomas Cook's Accounts, be had before a Committee of both Houses; to which End, they have agreed, that the Committee of their House shall be the same that it was last.
Resolved, That the Examination of the Persons mentioned in the Report of Sir Thomas Cook's Account be by a Committee of both Houses.
Resolved, That the Members of this House, who were of the Committee for Examination of Sir Tho. Cook, be the Committee of this House for the said Examination of the Persons mentioned in the Report of Sir Tho. Cook's Account.
Resolved, That a Conference be desired with the Lords, upon the Subject-matter of the last Conference.
Resolved, That Mr. Comptroller do go and desire the said Conference.
Resolved, That the said Committee have Power to send for Persons, Books, and Papers.
Resolved, That the said Committee have Power to adjourn from Time to Time, and Place to Place, as they find convenient.
Resolved, That the Lords be acquainted with the said Resolutions, at the said Conference.
Mr. Comptroller reports, That he having, according to Order, been at the Lords, to desire a Conference; they do agree to a Conference accordingly, immediately, in the Painted Chamber.
Ordered, That the Persons who managed the last Conference do manage this Conference.
And the Managers went to the Conference.
And, being returned;
Mr. Comptroller reported, That they had met the Lords at a Conference, and acquainted them with the said Resolutions.
Ditto.
A Message from the Lords, by Sir Robert Legard and Mr. Holford:
Mr. Speaker,
The Lords do agree with this House, That the said Committee have Power to send for Persons, Books, and Papers; and to adjourn from Time to Time, and Place to Place, as they shall find convenient: And that the Lords of the Committee will be in the Exchequer-Chamber, at Seven a Clock this Evening.
And then the Messengers withdrew.
Ordered, That the Committee of this House do meet the Committee of Lords in the Exchequer-Chamber, at Seven a Clock this Evening.
Committees.
Ordered, That all Committees be adjourned, except the said Committee.
And then the House adjourned till To-morrow Morning, Nine a Clock.