Journal of the House of Lords: Volume 15, 1691-1696. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, 27 Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Upon reading the humble Petition of Mr. William Leighton, now in Custody of the Serjeant at Arms attending this House; shewing, "That he is heartily sorry for his Offence, of drawing Two Indictments against Launcelot Emmott, for an Assault on John and Anne Browne, and praying to be discharged;" he being called to the Bar, and reprimanded for his Offence:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Leighton shall be, and he is hereby, discharged from the Attachment he lies under (paying his Fees); and this shall be a sufficient Warrant on that Behalf.
To Sir Fleetwood Sheppard, Gentleman Usher of the Black Rod attending this House, his Deputy and Deputies, and every of them, and all others concerned herein.
Messages from H. C. with a Bill; and to return the Bill to prevent counterfeiting and clipping the Coin; and the Bill to fix the Time for the Commencement of the Act to prohibit Trade with France, &c.
A Message from the House of Commons, by Mr. Harley and others:
Who brought up a Bill, intituled, "An Act to oblige James Craggs and 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;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Mr. Scobell and others:
To return the Bill, intituled, "An Act to prevent counterfeiting and clipping the Coin of this Kingdom;" to which they have agreed, with some Amendments, whereunto they desire the Concurrence of this House.
The Amendments, being read Three Times, were agreed to; and ORDERED, That the Commons have Notice, that the Lords have agreed to the Amendments made by them to the said Bill.
A Message was brought from the House of Commons, by Mr. Harcourt and others:
To return the Bill, 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 Fourteenth Day of March One Thousand Six Hundred Ninety-two;" to which they have agreed, with some Amendments, whereunto they desire the Concurrence of this House.
Measurer's Petition against a Clause added by the H. C. to this Bill.
Upon reading the Petition of Elias Measurer, of London, Merchant, on Behalf of the Owners of the Privateer called The Guernesy Sloop; shewing, "That he is informed, there is a Clause added by the House of Commons to a Bill lately sent to them from this House, 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 Fourteenth Day of March, 1692, which Clause excepts the Petitioner's Case out of the said Bill; and praying to be heard before the passing the said Clause in this House:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Elias Measurer shall be heard, by his Counsel, as desired, on Monday the Nine and Twentieth Day of this Instant April, at Nine of the Clock in the Forenoon.
Report of the Committee of both Houses:
The Lord Privy Seal reported the Sense of the Committee of both Houses, and read it out of Papers agreed on by them, as followeth; (videlicet,)
Sir Basil Firebrace's Examination;
"Die Mercurii, 24° Aprilis, 1695.
"In the Exchequer Chamber.
"At a Committee of both Houses appointed for the Examination of several Persons touching the Receipt and Distribution of Monies mentioned in a late Act, intituled, "An Act to indemnify Sir Thomas Cooke from Actions which he might be liable to, by reason of his discovering to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East India Company, and from any Prosecution for such Distribution:"
"Sir Basill Firebrace being interrogated touching his Receipt of £.10000 and £.30000 (charged on him by Sir Thomas Cooke), and also touching the Distribution thereof;
Deposeth, That the said Sum of Ten Thousand Pounds was given as a Gratuity to him, by the said Sir Thomas Cooke, for his Losses, of which he had given Sir Thomas Cooke, a satisfactory Accompt: That he received the £.10000 some Time before the Charter for the East India Company passed.
"That the said Sum of £.30000 was received by him by virtue of a Contract with Sir Thomas Cooke; it was for Favours and Services done.
"That the Stock, at the Time of the Contract valued at £.150 per Cent. falling afterwards to £.100 per Cent. the Difference was £.30000; which they made up to him.
"That the Reason of the Fall of the Stock was, the Ships not coming in; and if that had not happened, he the Deponent had gained as much as the £.30,000 paid him.
"That he is positive the £.10000 and £.30000 were directly for himself, and the Use of no other Person whatever.
"That he paid no Part of the same towards procuring a Charter or Act of Parliament; nor made any Promise so to do.
"That he had several Discourses with Sir Thomas Cooke, about using his (the Deponent's) Endeavours to procure a new Charter; for that it was his Interest so to do, after the Contracts were made.
"That he did use all his Interest to prevail with the Interlopers to forbear Prosecution; and that he did endeavour all he could to improve the Company's Stock; and made it in his Bargain, "that the Company should submit to Regulations in their Charter."
"He believes that Sir Thomas Cooke might desire him "to acquaint him how he disposed of the Money:" But that he (the Deponent) told him, "it was not fair, it was contrary to their Agreement; he was not to ask him (the Deponent) what he did with his own."
"That, in some of the Contracts, the Consideration or Premium mentioned therein was paid, and referred to the Contracts: That in some of them £.5 per Cent. in others 5 s. is the Premium mentioned.
"That, in the Contract 15° Sept'r. 1693, the 300 Guineas were paid by a Note; which Sir Thomas Cooke kept some Time, and after did deliver up to the Deponent, without having received any Money from this Deponent.
"Being asked, What particular Services he did, or was to do, for procuring a new Charter?
"Saith, That he wished he might answer to this at some other Time; being not well, not having slept Two or Three Nights, and much indisposed as to his Health.
"That he was unwilling to take too much upon himself; he thought he did great Service to the Company, in Solicitation and other Services; he knew not of any Money or Stock given to any Person whatever, for procuring a Charter.
"Being asked, Whether the £.30000, or the Value of £.30000, was wholly for himself, and was not disposed to any other Person?
"Saith, That no Part of it was to any other Person but himself, except One £.500 paid to Mr. Powell (whose Christian Name he did not remember); but saith, that he lives at Thanet House: That he was not sure whether he paid that out of this or his own; it was paid to Powell, because he had good Interest among the Interlopers, and was instrumental in reconciling Differences."
"Die Jovis, 25° Aprilis, 1695.
"In the Exchequer Chamber.
"At a Committee of both Houses appointed for the Examination of several Persons touching the Receipt of Monies mentioned in a late Act, and touching the Distribution thereof.
"Mr. Horneby, Goldsmith, exhibited to the Committee, an Extract of Sir Baisill Firebrace's Accompt; which, being examined and compared by the Committee, was signed by him, and is herein after inserted.
"Mr. Hornby deposeth, That, at the Time when he subscribed £.10000 into the East India Company's Stock, he had Sir Basil Firebrace's Word for his Security (in case the Stock fell), to have £.5000, Part thereof, repaid him, if he this Deponent should desire it, at the End of that Year.
"That he did call for his Money at that Time, and took the East India Company's Bonds for it, payable in March, at which Time a Sale commenced; and he having his Money then paid, he transferred it to the Secretary of the East India Company.
"To the other £.5000, Part of his said Subscription; he saith, That he had no Conditions from Sir Basill Firebrace for that, having subscribed before he knew such Terms were to be had.
"That he knows not whether Sir Basil made such Terms with others or not, but hath heard he did the same with Mr. Fowles."
"Mr. Fowles exhibited an Extract of Sir Basill Firebrace's Accompt, examined as aforesaid, signed by him, and is herein after inserted; and deposeth, That he cannot remember the Names of any Members of Parliament to whom any Money was paid by Sir Basill Firebrace's Order.
"That he never keeps any private Notes or Memorandums of Persons Names to whom he pays Money; and hath no other Accompts (as to that Matter) but what are in his Books."
Sir Basil Firebrace's further Examination.
"Sir Basill Firebrace, having desired Leave to be called in, farther deposeth;
"That having had a Treaty with Mr. Bates (whom he thought able to do Service in passing the Charter, and to have Acquaintance with several Persons of Honour), he, this Deponent, gave Two Notes for 5500 Guineas to Mr. Atwell, payable to Mr. Bates or Bearer.
"That One Note was for 3000, and the other for 2500 Guineas.
"That he this Deponent did put the Notes into Mr. Bates's Hands; who told this Deponent, "that he would deal with him for himself, and if the Business were done, he would keep the Notes, else deliver them again."
"That the 2500 Guineas were paid after the Charter for restoring the East India Company passed; the other (for 3000 Guineas) after the Charter for Regulation passed.
"That he had these Notes from Sir Thomas Cooke, and was accountable to him for the same, which he put into Mr. Bates's Hands.
"That the said Sir Thomas Cooke did know (as this Deponent verily believes) how these Notes were to be disposed of: And farther saith, he told Sir Thomas Cooke, "that Bates had Acquaintance with several Lords, naming the Lord President and others."
"That he this Deponent could not tell who this Money was designed for, or what Bates did with it; for that Bates would not deal on such Terms of telling Names.
"That Bates did introduce him this Deponent several Times to the Lord President, who made some Scruples in Points of Law; upon which, this Deponent desired his Leave that the Attorney General might wait upon him; and he accordingly brought him.
"That he doth not remember any other Lord to whom Bates introduced him. He saith, that one Day last Week, the 5000 Guineas were offered by Bates back again to him; who said, "that this might make a Noise; that if Sir Thomas Cooke thought it too much, he would give it him again;" and that on Tuesday last 4400 Guineas were brought, being the Value of £. (fn. 1) 5500, to this Deponent: That the other 500 Guineas are still in Bates's Hands.
"That Sir Thomas Cooke did scruple to take back this Money at first; but afterwards did consent to it, the Morning when he was brought up before this Committee; whereupon this Deponent gave him Fowles's Note for the Money, payable to Mr. Atwell or Bearer. And this Deponent believes, he the said Sir Thomas Cooke had a double Accompt; the one was made up with that Sum, the other without it.
"He further saith, That Bates would have paid back the Whole; but Sir Thomas Cooke said, "the Accompt would not be even if the 500 Guineas were brought in to that Accompt."
"That this was no Part of the £.40000 beforementioned in this Deponent's Examination, and paid to this Deponent; which £.40000, this Deponent saith, was wholly his own; that he always took Care to have it particularly understood, that it was for his own Use and Benefit; the same was declared before Witnesses.
"That they found great Stops in the Business of the Charter; they apprehended it proceeded sometimes from my Lord Nottingham, sometimes from others.
"That Colonel Fitz Patrick received 1000 Guineas on the same Terms as was with others, if the Charter passed; he pretended great Interest with my Lord Nottingham, and that he could get Information from the Lady Derby how the Queen's Pleasure was.
"Colonel Fitzpatrick said, "he would try to prevail with the Lord Nottingham for 5000 Guineas upon passing the Charter, and 5000 on the Act of Parliament; but the Lord Nottingham refused to take it: Hath heard a Note (signed by Sir Josias Child, Sir Thomas Cooke, and others) for £.50000 was lodged in Tyssen's Hands for about an Year, to be paid in case the Act passed; and that it was refused (as he understood) by the Lord Portland; that Tyssen told him, "he had made an Offer, and it was rejected;" that Tyssen told him this lately.
"That 1000 Guineas are entered in the East India Company's Books, and were to be paid to Mr. Ward and Mr. Fawkoner, who are of the Interloping Interest, and made great Opposition to the Charter. Mr. Ward said, "if he had 1000 Guineas he would bring over others to the Company's Interest;" these 1000 Guineas were to be paid on Arrival of the Ship Seymour.
"That Sir William Prichard and Doctor Ratcliff did accept some East India Stock, but on the same Terms as any Merchant might have done; and they paid their Money for it.
"Richard Acton deposeth,
"That he received of Sir Thomas Cooke the Sum of £.10000 and £.2000.
"That he this Deponent did tell Sir Thomas Cooke, "he had Friends who would take Pains to do the Company Service; but they would have £.10000."
"That Sir Thomas Cooke agreed, £.10000 should be given; whereupon this Deponent advanced that Sum. This Deponent had £.2000 for his Pains and Trouble in attending Two Sessions: If the Bill for a new Company had passed, this Deponent was to have had nothing.
"That he verily believes he gave Sir Thomas Cooke an Account to whom he distributed it, or else he thinks the Money had not been trusted to him; that he did not distribute it to Members, but to those who had Interest with Members.
"Some of them to whom he gave Money to be distributed were, Mr. Craggs (with whom this Deponent was concerned in cloathing the Army, who had Acquaintance with Colonels in the House, and some Northern Members); Mr. Wallis; Mr. Ridley; Mr. Duckminiq'.
"Mr. Goldwell (who is since dead), was the only Member he gave Money to.
"That, if he had a little Time to peruse his Papers, he could recollect further."
"Nath'l Powell deposeth,
"That he was very instrumental in causing a good Understanding between Sir Thomas Cooke and the Interlopers.
"That he concerned how to bring about Meetings between Sir Thomas Cooke and Sir Basil Firebrace, who had been of a different Interest.
"That Sir Basill made some Terms with Sir Thomas Cooke, upon which a Charter was to be had.
"That he perceived, by Sir Basil Firebrace, there was some Difficulty in the Matter: Sir Thomas Cooke insisted to know what Sir Basill Firebrace did with the Money; which Sir Basill refused to let him know.
"That he always withdrew at their Meetings, his Business being only to go upon Errands to procure Meetings; and that one Day he this Deponent asking Sir Basill Firebrace, "Whether he intended to make a Porter of him?" Sir Basil gave him his Word, "That he should have 500 Guineas;" and that, about Two Months since, he did receive £.530; though the Promise was, to have it paid upon passing the Charter.
"That he hath bought 10, or £.15000 Stock at One Time of Sir Thomas Cooke. He never took it to be the East India Company's, but Sir Thomas Cooke's proper Stock; and had his Contract for the Re-payment of it in Six Months; if desired, he generally had it re-paid; if any Loss was, he always looked upon it as Sir Thomas Cook's, and not the Company's Loss."
|"Sir Basill Firebrace,||Dr.|
|January||13.||To John Shore,||200||0||0|
|To Alfonso Rodriguez,||420||0||0|
|16||To Doctor Stewart,||80||0||0|
|To Charles Shales,||350||0||0|
|20.||To W'm Terrett,||150||0||0|
|23.||To Benj. Levey,||814||7||0|
|24.||To John Howard,||232||0||0|
|26.||To W'm Clark,||280||0||0|
|31.||To Charles Shales,||200||0||0|
|February||5.||To Rich'd Goodall,||99||0||0|
|10.||To Rowland Harris,||100||0||0|
|14.||To Doctor W'm Stewart,||150||0||0|
|20.||To Thomas Steers,||300||0||0|
|March||2.||To John Turner Junior,||212||10||0|
|6.||To Burrel and Lister,||105||0||0|
|7.||To Jo'n Swann,||436||0||0|
|8.||To Sir Stephen Evance,||210||0||0|
|9.||To Charles Shales,||200||0||0|
|To Peter Power,||487||10||0|
|14.||To the Earl of Devonshire,||403||5||9|
|21.||To Josias Davis, 358 G.||385||0||0|
|To Mr. Swann,||520||0||0|
|23.||To Ch. Shales,||534||0||0|
|1694.||29.||To Sam'l Bulteell,||177||1||8|
|31.||To Alvaro de Costa,||850||0||0|
|April||3.||To W'm Hamond,||420||0||0|
|5.||To Robert Harrison,||315||0||0|
|To Peter & Pirre Henriqueze,||342||0||0|
|To George Jarvis,||450||0||0|
|7.||To Peter Monger,||450||0||0|
|19.||To Sam'll Clarke,||221||0||4|
|24.||To W'm Raphe,||140||0||0|
|27.||To himself, in Gold,||55||0||0|
|May||4.||To W'm Terrett,||250||0||0|
|8.||To Edw'd Shaller,||71||19||0|
|11.||To Peter Burrell,||100||0||0|
|14.||To that 8th,||77||19||0|
|15.||To Cha. Shales,||205||0||0|
|17.||To Sam'l Clarke,||210||0||0|
|22.||To Captain Thomas Reade,||184||6||7|
|To Robert Hackshaw,||105||0||0|
|24.||To W'm Clarke,||175||0||0|
|To Sir Stephen Evance,||140||0||0|
|25.||To Sam'll Clarke,||100||0||0|
|26.||To W'm Terrett,||150||0||0|
|June||8.||To Sam'l Clarke,||164||0||0|
|To Sir Stephen Evance,||68||6||8|
|14.||To Jonathan Jones,||136||13||4|
|16.||To W'm Terrett,||317||0||0|
|27.||To Sir Ben. Newland,||154||11||8|
|30.||To Mr. Russell,||132||10||0|
|July||3.||To John Swann,||326||0||0|
|4.||To W'm Johnson,||80||0||0|
|5.||To Andrew Loper,||240||15||0|
|9.||To John Swann,||450||0||0|
|20.||To Nunes Fernandes,||150||0||0|
|August||2.||To Pet'r & Pirre Henriquez,||200||0||0|
|7.||To John Swann,||132||0||0|
|10.||To Burrell and Lister,||65||16||8|
|To Samuel Clarke,||65||16||8|
|18.||To Jos'a Bainton,||81||5||0|
|To Thomas Drake,||81||5||0|
|20.||To Thomas Fermin,||97||10||0|
|To Nath. Hornby, for a Horse,||13||3||4|
|September||1.||To Aaron Kinton,||79||0||0|
|4.||To Cha. Peers,||50||0||0|
|5.||To Daniell Morley,||50||0||0|
|To Edw'd Smith,||100||0||0|
|7.||To Sam'l Clarke,||130||0||0|
|To Nath. (fn. 2) Pench Esquire,||100||0||0|
|December||29.||By John Langham, Pt. 59,||30||0||0|
|January||6.||By Notes per Portmans,||5,000||0||0|
|24.||By the Owners of Ship Success,||(fn. 3) 499||7||6|
|February||7.||By Sir Stephen Evance and Company,||2,500||0||0|
|March||19.||By several Goldsmiths,||525||0||0|
|22.||By Robert Fowle and Comp.||80||0||0|
|1694.||26.||By the East India Comp.||722||10||0|
|April||5.||By Edmund Portmans,||403||5||9|
|By Richard Hoare,||100||0||0|
|12.||By John Brassey,||(fn. 4) 106||12||0|
|17.||By Edward Vernon,||100||0||0|
|19.||By Smith and Ward,||146||8||0|
|24.||By Jn° Coggs,||70||10||0|
|15.||By Mr. Swann,||163||12||6|
|June||1.||By Geo. Finch, 1000 G.||1,100||0||0|
|22.||By Ed. Allen,||500||0||0|
|July||7.||By Sam'l Sheppard and Company,||1,000||0||0|
|By Mary Finch,||350||0||0|
|26.||By the Owners of Ship Success,||805||12||6|
|August||1.||By Jn° Langham, Pt. 59,||11||0||0|
|2.||By Shales and Mertins,||111||0||0|
|September||8.||By Steph. Evance and Company,||269||7||1|
|13.||By John Sweetapple,||426||10||0|
|14.||By John Langham, in full, 59.||18||0||0|
|Sir Basill Firebrace,||Dr.|
|September 7.||To Dan'll Wigfall and Company,||97||10||0|
|To Thomas Drake,||65||0||0|
|14.||To Thomas Chappell,||50||0||0|
|17.||To Adam Spencer,||50||0||0|
|22.||To Henry Bourne,||20||0||0|
|24.||To Isaac Nunnes,||100||0||0|
|27.||To Geo. Savage,||36||0||0|
|October 2.||To Robert Fletcher,||50||0||0|
|6.||To Daniel Morley,||50||0||0|
|8.||To Mr. Hayton,||176||16||6|
|9.||To Doctor Stewart,||40||0||0|
|12.||To Mathew Kenrick,||155||15||8|
|15.||To W'm Terret,||100||0||0|
|17.||To Elias Collet,||50||0||0|
|19.||To Thomas Bates,||80||0||0|
|To Thomas Farnham,||103||8||0|
|To Jonathan Well,||100||0||0|
|20.||To William Terrett,||50||0||0|
|To Edward Smith,||100||0||0|
|23.||To Richard Leeds,||39||14||6|
|24.||To John Knight Esquire,||481||16||9|
|25.||To W'm Terrett,||140||0||0|
|November 2.||To Ditto,||100||0||0|
|9.||To Benj'n Raye,||61||5||6|
|10.||To William Terrett,||60||0||0|
|13.||To Daniel Morley,||100||0||0|
|To Edw'd Drayner,||76||0||0|
|14.||To Abraham Wilmer,||1,350||0||0|
|17.||To W'm Terrett,||105||0||0|
|19.||To Simon Baxter,||169||6||0|
|To Edward Drayner,||64||0||0|
|23.||To Sir Benjamin Newland,||1,000||0||0|
|27.||To Adam Spencer,||100||0||0|
|December 1.||To Jonathan Wells.||105||0||0|
|To Peter Wallis,||100||0||0|
|4.||To W'm Terrett,||156||0||0|
|14.||To Mr. Stanlake,||50||0||0|
|22.||To himself, in Gold,||56||13||4|
|29.||To W'm Terrett,||141||0||0|
|January 4.||To Thomas Steers,||166||15||0|
|5.||To Thomas Bates,||80||0||0|
|8.||To John Swann, 50 G.||56||17||6|
|To Ch. Shales,||40||0||0|
|11.||To Abraham Wilmer,||860||0||0|
|14.||To Sir Rowland Aynsworth,||137||10||0|
|22.||To Sir Benj'n Newland,||280||0||0|
|23.||To Arthur Shallet,||270||5||0|
|24.||To Robert Fletcher,||80||0||0|
|To W'm Terrett,||135||0||0|
|28.||To Edward Barradell,||100||0||0|
|February 1.||To W'm Terrett,||100||0||0|
|15.||To W'm Hammond,||90||0||0|
|22.||To W'm Terrett,||130||0||0|
|25.||To Abraham Wilmer,||92||10||6|
|26.||To Thomas Coulson,||815||0||0|
|March 6.||To W'm Pate,||144||0||0|
|9.||To Thomas Steers,||(fn. 5) 294||0||0|
|To Thomas Langham,||500||0||0|
|19.||To W'm Terrett,||280||0||0|
|95 April 4.||To Daniell Wigfall,||69||13||4|
|8.||To Thomas Drake,||65||0||0|
|9.||To Samuel Clarke,||130||0||0|
|10.||To W'm Terrett,||224||0||0|
"For Jos. Horneby, and myself,
"For Jos. Horneby, and myself,
|Sir Basill Firebrace||Dr.|
|January 23.||To Cash paid Mr. Allen,||2900||0||0|
|February 26.||To Ditto, 50 G.||55||0||0|
|1694. April 5.||To Ditto,||£||4250||0||0|
|Mr. Allen Wilmer,||2000|
|Sir F. Child,||(fn. 6) 4250|
|6.||To Sir John Lowther,||110||8||4|
|May 5.||To Ditto, Part of a Note, May 4,||250||0||0|
|16.||To Ditto, 4.||175||0||0|
|June 16.||To Ditto, Mr. Ar. Shallett,||400||0||0|
|October 22.||To Jos. and Nath Hornby,||1000||0||0|
|December 21.||To Cash,||£.||1200||0||0|
|Sir Fran. Child,||800|
|January 2.||To Ditto, Part Dec. 29,||1100||0||0|
|To Benj. Skinner,||50||0||0|
|February 5.||To Cash,||10||0||0|
|9.||To Ditto, Mr. John Cooke,||2666||13||4|
|March 4.||To Ditto, Sir N. Butler,||1193||19||0|
|1695. Apr.5.||To Cash,||62||10||0|
|23.||To Ditto, Mr. Atwill and C°.||5500||0||0|
|24.||To Ditto, by Mr. John Cook, Mr. Horneby,||5000||0||0|
"Die Veneris, 26 Aprilis, 1695.
"At a Committee of both Houses.
"Mr. Wootton exhibited a particular Extract relating to Sir Basil Firebrace's Accompt, taken out of his Cash Book; which, being the same with Mr. Fowles's, is herein before inserted."
"Mr. Bates, upon his Examination, deposeth;
"That Sir Basil Firebrace did apply himself to him, to use his Interest for obtaining a Charter for the East India Company, the old Charter being forfeited; and told him this Deponent, "they would be very grateful for it;" but cannot remember whether any particular Sum was named.
"That he this Deponent did use his Interest with the Lord President; who said, "he would do what Ser- vice he could:" And further saith, That the Lord President had delivered his Opinion publicly for con- firming the Charter, and thought the Forfeiture of it an Hardship.
"That the Lord President had often shewed himself his Friend.
"That he received Three Notes, for 5500 Guineas in the Whole; that he sent a Servant for the Money, but cannot say the Time; that he told the Lord Pre- sident what Sum he had, and would have passed it upon my Lord; but my Lord refused: Whereupon this Deponent (in regard he could not tell Money well himself) did ask Leave of my Lord, that his Ser- vant might tell the Money; to which my Lord an- swered, "He gave Leave;" and accordingly Mons'r Robert did go and receive the Money.
"That he had not the Notes till after One Charter had passed; but he saith, that the Notes were given all together at one Time; and that he this Deponent gave no Counter Notes when he received them. But afterwards, being examined to the same Matter, was not positive that Counter Notes were not given.
"That he thinks, when he had the First Treaty with Sir Bas. Firebrace, that Sir Basil did say, "he this Deponent should have a Sum;" and thinks he named a particular Sum.
"That 500 Guineas were received before June last, and the other 5000 Guineas afterwards: That the said Notes were not out of his Possession from the Time that he first had them, to the Time he gave them to Mons'r Robert to receive the Money, who, after he had received the Money, brought the same to him; which hath remained in his the Deponent's Possession, in his own House, till he paid 4400 Guineas thereof back again to Sir Basil, which was upon Monday or Tuesday last (as he takes it). And being examined again to the same Matter, saith, That these 4400 Guineas, paid back to Sir Basil, were in Four Bags, with 1100 Guineas in each, brought to him by Robart within a Month last past.
"As to the 600 Guineas remaining of the 5000; he at first said he had spent the same: And being af- terwards examined to the same Matter, did say they were at Home in his Study; but he may have spent some.
"The Reason why he paid back the 4400 Guineas, was the Noise that it made, and that People might think that he did not deserve them.
"That the 5500 Guineas were for his own private Use; and that he might have given them to his Foot- man."
Sir Basil Firebrace's further Examination;
"Sir Basill Firebrace deposeth;
"That, the East India Company's Charter being forfeited, Sir Thomas Cooke and others applied them- selves to him (observing him active, and to have In- terest among Noblemen), to endeavour the procuring a new Charter.
"That Sir Thomas Cooke was apprehensive, that it stuck with the Duke of Leedes; and told him this De- ponent, "That some Way must be found out to the Duke." He thereupon applied himself to Mr. Bates, who would not pretend to talk with the Duke; but said, "He the Deponent must tell him what the Company would do:" That Sir Basill told him, "He thought a Present would be made of 2 or £.3000." He went to St. James's; and said, "He had spoke with his Friend; and that more had been offered on the other Side." At another Time, he said, "more was offered by our Side." And at last said, "That 5000 had been offered by another Hand on the same Side:" Upon which, he this Deponent did not come up to the Market.
"He acquainted Sir Thomas Cook with this Propo- sal; who said, "if it was insisted on, it must be done." And so it was agreed, to offer 5000 Guineas.
"Bates said, "This was nothing to him; that he ought not to be employed for nothing." On which this Deponent was forced to go back to Sir Thomas Cook for new Orders, and so 500 Guineas were given to him. Besides, at first, Bates said, "He would un- dertake no farther than that the Duke should not oppose, but be silent, because he did not know but the Duke had engaged himself by speaking on the other Side:" That he this Deponent did except against this, because he would not let the Company's Money go for nothing; and it would reflect upon him, if nothing appeared to be done for it.
"It was agreed, that, if the Duke did act in Favour of the Company, he should have 2 or 3000 Guineas, and Bates 500 Guineas to himself. He this Depo- nent would have put off his 500 Guineas to the last, to engage him to take the more Pains; but Bates said, "his Friend would have him have the 500 Guineas to himself first."
"Sir Basill produced a Copy of Mr. Bates's Receipt of a Note for 3000 Guineas, which he promised not to call for till the Charter should pass: The Original Mr. Bates had back when the Money was paid; and he this Deponent had not taken a Copy of the Coun- ter Note for 2500 Guineas: That, after the First Charter was passed in October, he sent to Mr. Bates, "that he might call for the Money;" and he did call for it in Two or Three Days.
"That the other Note was paid within a Week, after the passing the Second Charter, from the Time the Notes were given. We had free Access to my Lord President, and found him easy and willing to give us his Assistance.
"That Mr. Bates was shy, and called it "his Friend at St. James's:" That the Condition of One Draught which Mr. Bates brought was worded, "in case the Lord President did not assist the Company in passing the Charter;" to which this Deponent made an Al- teration, by putting out my Lord's Name, and making it not payable in case the Charter should not pass, or to that Effect. Bates said, "it came from his Friend at St. James's."
"That, about a Week before the Money was brought back again, this Deponent went to Bates about it; who then told him, "it was all for himself."
"That on Sunday Night last, or Monday, Bates, being at his own House, said, "he had not the Money by him, but he would fetch it; and that the Money he thought was in Silver;" and afterwards told this De- ponent, it was a Mistake; "that he had brought (fn. 1) it in Gold, which, according to Computation, came to the same Sum."
"That, when this Deponent told him "that Sir Tho- mas Cook would not take the Whole back;" Bates said, "He could give no Answer to it, till he had spoke with his Friend."
"This Deponent saith, That on Monday last 500 Guineas were left at his House, by Mr. Clive, a Friend of Sir John Trevor's; who said, "He brought it from Sir John Trevor, to whom Sir Thomas Cooke had before paid it with his own Hands, under Colour of an Arrear for Four or Five Years, as he had been Commissioner of the Great Seal; and that he this De- ponent was present when Sir Thomas Cooke gave it; and there was at another Time 200 Guineas ordered to be given to him the said Sir John Trevor, as a New Year's Gift, by Sir Joseph Herne.
"That as to £. 20000 of the £.30000 before men- tioned, the same Sums were not actually paid till since Lady-day; and so the other £. 10000 he hath it now in Stock in the East India Company.
"That as to £. 5000, Part of the said £. 30000, he did design One Third thereof to Sir Edw'd Seymour, One Third to Sir John Trevor, and One other Third to Mr. Guy: That he offered the same to them by Mr. Guy; but Mr. Guy told this Deponent, "They did not desire to meddle with the Stock; but would do any Service they could, to promote getting the Charter."
"Sir Edw'd Seymour afterwards, meeting him this Deponent, chid him for making that Proposal; and told him, "If he made any more such Proffers, he should never have any Thing more to do with him."
"That he this Deponent did tell Mr.Guy, "That the Advantage to them in passing the Charter and Act would be worth £. 10000 amongst them."
"That he this Deponent did intend a Distribution of all the £. 30000, in Manner following; (videlicet,) to Sir Edw'd Seymour, Sir John Trevor, and Mr. Guy, £. 10000, in case the Charter and Act of Parliament passed; to the Merchants Interlopers, £. 10000; and to himself £. 10000.
"That he this Deponent thought himself obliged, in Honour, to pay the Two Thirds of the 5000 (when received) to Sir John Trevor and Mr. Guy; the other Third, intended for Sir Edw'd Seymour, he kept for himself.
"Sir John Trevor did, some Time afterwards, give this Deponent some Hints of his Expectation."
Acton delivers Accompts;
"Mr. Acton delivered in an Accompt, in Writing, of Persons among whom he had distributed several Sums of Money; which Accompt is herein after inserted.
"He faith, Mr. Wallis had a Sum of Money given him, which is included in Craggs' Money, in his Ac- compt mentioned."
"Several Gentlemen of the Committee of the East India Company, that were appointed for inspecting the Books and examining the Accompts of the East India Company, attended; and delivered in some Pa- pers, drawn up in the Nature of a Report to that Company."
Sir J. Child's Examination;
"Sir Josias Child, being examined, said, He never disposed of £. 10 of the Company's Money, to his Re- membrance; always affecting Ignorance in that Mat- ter. Said, He did recommend Mr. Acton, as being an honest Man; and thought he might do Service to the Company in Parliament, because of his Acquain- tance.
"That he did recommend, that a Present of £. 50000 should be made to the King, if His Majesty would so far wave His Prerogative, that an Act of Parliament might be passed for settling the Company; but Mr. Tyssen told him, "The King would not meddle in that Matter."
"That he knew nothing of the £. 40000 paid to Sir Basill Firebrace. Says, There was a Kind of a Committee of 25 Persons, that sat de die in diem, to destroy the Company; and he told Sir Thomas Cooke, that he thought Sir Basil the fittest Person to divide them."
"Mr. Atwell produced his Cash Books, by which it appeared:
"And said, the Money was paid by Order of Sir Thomas Cooke."
Bates's further Examination;
"Mr. Bates, being again examined, said, He believed the Money might be paid, as the Books expressed: And further owned; that he had not 4400 Guineas in his House on Sunday Night last; but that the 4400 Guineas, which he paid back to Sir Basill Fire- brace, were brought to him by Mons's Robert on Tuesday Morning last, Eight of the Clock.
"Mr. Tyssen, being examined, said, That Sir Thomas Cooke and Sir Josias Childe gave him a Note, under their Hands, for £.50000; which was intended to be presented to the King, if His Majesty would pass an Act of Parliament as they should desire.
"That he acquainted the Lord Portland with the Company's Intention to make such a Present; who told this Deponent, "That the King would not meddle with it."
"Being asked, Whether he had offered the same to the Lord Portland? he denied he had so done; say- ing, "If he had, he must never have seen his Face more."
He saith, That, when he was examined before the House of Commons, he did not take it that the £. 10000 offered His Majesty was included in the Sum charged upon Sir Thomas Cooke, being before the Date of any Orders for that Money."
"Mr. Craggs, being examined, gave in an Accompt how he had disposed and applied £.4540, with which he was charged by Mr. Acton; which Ac- compt is herein after inserted. He denies that ever he paid any Money to any Member of Parlia- ment.
"I Charles Bates, of Westm'r, Esquire, do here- by acknowledge to have received of Sir Tho- mas Cooke, of London, Knight, One Note signed by William Atwill, for himself and Company, dated the 8th Instant, and payable to myself, for 3000 Guineas; which I promise not to receive, or alter the Property of, till such Time as the Charter (now depending before Their Majesties, for making of Regulations, Alterations, and Additions to the Charters and Stock of the present East India Com- pany) shall pass the Great Seal of England; and, in case the said Charter shall not pass the Great Seal on or before the 25th Day of March next, I do hereby, for myself, my Executors and Administrators, covenant and agree, to and with the said Sir Thomas Cooke, his Executors and Administrators, to restore and return the abovementioned Note, in the same Manner I received the same: But if the said Charter shall pass the Great Seal on or before the Day above named, then the Mo- ney mentioned in the said Note to remain to me, without further Accompt for the same. Witness my Hand and Seal, this 9th Day of December, 1693.
Witness B. F."
"An Accompt of the Disposal of £.4540, which I received of Mr. Acton; which was distributed in the Manner following:
Sir Ja. Butler's Petition about confining Emmot, for attaching Brown.
Upon reading the Petition of Sir James Butler, con- cerning a Breach of Privilege sworn against him by Launcelot Emmot:
It is ORDERED, by the Lords Spiritual and Tempo- ral in Parliament assembled, That the said Petition shall be considered on Monday next, at Nine of the Clock in the Forenoon.
Sir B. Firebrace and Bates committed to The Tower.
It is ORDERED, by the Lords Spiritual and Tem- poral in Parliament assembled, That Sir Basill Firebrace and Charles Bates Esquire shall be, and they are hereby, committed Prisoners to His Majesty's Tower of London; and this shall be a sufficient Warrant on that Behalf.
To the Right Honourable the Lord Lucas, Chief Governor of His Majesty's Tower of London, his Deputy and Deputies, and every of them.
Sir T. Cooke's Discovery not sufficiently satisfactory to entitle him to the Benefit of the Act for his Indemnity.
Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That it is the Opinion of this House, that the Discovery made by Sir Thomas Cooke to the Committee of both Houses is not satisfactory, nor so full as to entitle him to the Benefit of the Act made to indemnify Sir Thomas Cooke from Actions which he might be liable to, by reason of his discovering to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East India Company, or for any Prosecution for such Distribution.
Message from H. C. to impeach the D. of Leeds.
A Message was brought from the House of Commons, by Mr. Comptroller and others:
Who did, in the Name of that House, and all the Commons of England, impeach Thomas Duke of Leeds, President of His Majesty's most Honourable Privy Coun- cil, of High Crimes and Misdemeanors; and to acquaint them, that they will in due Time exhibit particular Articles against him, and make good the same.
Message to them, with the Resolution about Sir T. Cooke's Discovery.
A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Holford:
To acquaint them, that this House hath resolved, That it is the Opinion of this House, that the Dis- covery made by Sir Thomas Cooke to the Committee of both Houses is not satisfactory, nor so full as to entitle him to the Benefit of the Act made to in- demnify Sir Thomas Cooke from Actions which he might be liable to, by reason of his discovering to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East India Company, or for any Prosecution for such Distribution;" to which they desire the Concurrence of the House of Commons.
Judges to prepare a Bill to consine Sir T. Cooke & al.
ORDERED, That the Judges now present do prepare a Bill, to consine Sir Thomas Cooke, Sir Basill Firebrace, Charles Bates Esquire, and James Craggs, until the End of the next Session of Parliament, unless discharged sooner by Parliament; and present the same to this House.
Then the House was adjourned during Pleasure.
The House was resumed.
Message from H. C. concerning Sir T. Cooke's Discovery.
A Message was brought from the House of Commons, by the Lord Coningsby and others:
To acquaint this House, that it is the Opinion of that House, That the Discovery made by Sir Thomas Cooke to the Committee of both Houses is not satisfactory, nor so full as to entitle him to the Benefit of the Act made to indemnify Sir Thomas Cooke from Actions which he might be liable to, by reason of his discovering to whom he paid and distributed several Sums of Money, therein mentioned to be received out of the Treasure of the East India Company, or for any Prosecution for such Distribution.
Craggs and Harnage to discover Monies for cloathing the Army, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to oblige James Craggs and Richard Harnage to discover how some of the Monies relating to clothing the Army have been disposed of; and for punishing them, in case they shall not make such Discovery."
The Lord Chief Justice Treby delivered the Bill drawn by them.
Sir T. Cooke & al. to imprison, and prevent them from alienating their Estates.
Hodie 1a & 2a vice lecta est Billa, intituled, "An Act for imprisoning Sir Thomas Cooke, Sir Basill Firebrace, Charles Bates Esquire, and James Craggs, and re- straining them from aliening their Estates."
ORDERED, That the said Bill be committed to a Committee of the whole House, presently.
The House was adjourned during Pleasure, and put into a Committee thereupon.
After some Time, the House was resumed.
And the Lord Cornwallis reported, "That the Com- mittee had gone through the said Bill, with some Amendments."
Which being read Twice, were agreed to; and the Bill ordered to be engrossed, and read on Monday next.
Dominus Custos Magni Sigilli declaravit præsens Par- liamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) vicesimum nonum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.