House of Commons Journal Volume 11: 27 April 1695

Sabbati, 27 die Aprilis;

7° Gulielmi Tertii.

Prayers.

Compelling Craggs, &c. to account.

AN ingrossed Bill 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; was read the Third time.

Resolved, That the Bill do pass: And that the Title be, 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.

Ordered, That Mr. Harley do carry the Bill to the Lords, and desire their Concurrence thereunto.

Punishing T. and E. Pauncefort.

An ingrossed Bill for punishing of Tracy Pauncefort and Edward Pauncefort for corrupt Practices, in with-holding Money from the Officers of the Army, was read the Third time.

Ordered, That the Bill do lie upon the Table.

Examination of Persons mentioned by Sir T. Cook.

Mr. Comptroller made a Report from the Committee appointed by both Houses, to examine the Persons mentioned in the Report of Sir Thomas Cook's Account; which, being in Writing, he read the same in his Place: and afterwards delivered the same in at the Clerk's Table: Where the same was read; and is as followeth; viz.

Die Mercurii, 24 April. 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 indemnisy Sir Tho. Cook 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 Bazil Firebrace, being interrogated touching his Receipt of 10,000£. and of 30,000 l. charged on him by Sir Tho. Cook; and also touching the Distribution thereof;

Deposeth,

That the said Sum of 10,000 l. was given him, as a Gratuity, by the said Sir Tho. Cook, for his Losses; of which he hath given Sir Thomas Cook a satisfactory Account: That he received the 10,000 l. some time before the Charter for the East-India Company passed:

That the said Sum of 30,000 l. was received by him, by virtue of a Contract with Sir Thom. Cooke; it was for Favours and Services done:

That the Stock, at the time of the Contract, valued at 150 l. per Cent. falling afterwards to 100 l. per Cent. the Difference was 30,000 l.; 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 l. paid him:

That he is positive the 10,000 l. * and 30,000 l. was directly for himself, and for the Use of no other Person whatsoever:

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 Thom. Cook 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 Cook might desire him to acquaint him how he disposed of the Money; but that he, this Deponent, told him, It was not fair; it was contrary to their Agreement; he was not to ask him, this Deponent, what he did with his own.

That in some of the Contracts the Consideration or Premium, mentioned therein, was paid; and refers to the Contracts; that in some of them 5 l. per Cent. in others 5s. is the Premium mentioned:

That in the Contract 15 Sept. 93. the 300 Guineas were paid by a Note, which Sir Tho. Cock kept some time, and afterwards did deliver up to this 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 that 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 whatsoever for procuring a Charter.

Being asked, Whether the 30,000 l. or the Value of 30,000 l. 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 l. paid to Powel, 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 Money mentioned in a late Act; and touching the Distribution thereof.

Mr. Hornby, Goldsmith, exhibited to the Committee an Extract of Sir Basil Firebrace's Account: Which, being examined and compared by the Committee, was signed by him; and is hereunto annexed: And deposeth,

That at the time when he subscribed 10,000 l. into the East-India Company's Stock, he had Sir Basil Firebrace's Word for his Security, in case the Stock fell, to have 5,000 l. 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 Bond for it, payable in March; at which time a Sale commenced; and he, having his Money then paid, transferred it to the Secretary of the East-India Company.

To the other 5,000 l. Part of his said Subscription, he saith, That he had no Conditions from Sir Basil 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 Basil Firebrace's Account, examined as aforesaid; and is hereunto annexed, and signed by him: And deposeth,

That he cannot remember the Names of any Members of Parliament, to whom any Money was paid by Sir Basil Firebrace's Order:

Examination of Persons mentioned by Sir T. Cook.

That he never keeps any private Notes or Memorandums of Persons Names to whom he pays Money; and hath no other Accounts, as to that Matter, but what are in his Books.

Sir Basil Firebrace, having desired Leave to be called in, further 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 5,500 Guineas to Mr. Atwell, payable to Mr. Bates, or Bearer:

That one Note was for 3,000, and the other for 2,500 Guineas:

That he, this Deponet, did put the Notes into Mr. Bates' 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 2,500 Guineas were paid after the Charter for restoring the East-India Company passed; the other, for 3,000 Guineas, after the Charter for Regulation passed:

That he had those Notes from Sir Thom. Cooke, and was accountable to him for the same; which he put into Mr. Bates' Hands:

That the said Sir Tho. Cook did know, as this Doponent verily believes, how these Notes were to be disposed of:

And further saith, He told Sir Thom. 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 the last Week, the 5,000 Guineas were offered by Bates back again to him; who said, That this might make a Noise: That, if Sir Tho. Cook thought it too much, he would give it him again; and that, on Tuesday last, 4,400 Guineas, being the Value of 5,500 l. was brought to this Deponent: That the other 500 Guineas are still in Bates's Hands: That Sir Tho. Cook did scruple to take back this Money at first; but did afterwards consent to it in the Morning when he was brought up before this Committee: Whereupon this Deponent gave him Four Notes for the Money, payable (fn. 1) [to] Mr. Atwell, or Bearer: And this Deponent believes, He, the said Sir Thomas Cooke, had a double Account; the one was made up with this Sum, the other without it.

He further said, That Bates would have paid back the Whole; but Sir Tho. Cook said, The Account would not be even, if the 500 Guineas were not brought into that Account.

That this was no Part of the 40,000 l. before mentioned in this Deponent's Examination, and paid to him this Deponent; which 40,000 l. this Deponent saith was wholly his own: (fn. 2) [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 1,000 Guineas on the same Terms as was with others, if the Charter passed: He pretended great Interest with my Lord Nottingham; and that he (fn. 3) [could] get Information from the Lady Derby how the Queen's Pleasure was: Colonel Fitz-Patrick said, He would try to prevail with the Lord Nottingham for 5,000 Guineas, upon passing the Charter, and 5,000 on the Act of Parliament; but the Lord Nottingham refused to take it: Hath heard a Note, signed by Sir Josias Child and Sir Tho. Cook, for 50,000 l. was lodged in Tyssen's Hands, for about a Year, to be paid, in case the Act passed; and that it was refused, as he understood, by Lord Portland:

Examination of Persons mentioned by Sir T. Cook.

That Tyssen told him, He had made an Offer, and it was rejected: That Tyssen told him this lately:

That 1,000 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 1,000 Guineas, he would bring over others to the Company's Interest: These 1,000 Guineas were to be paid on Arrival of the Ship Seymour.

That Wm. Pritchard and Doctor Ratcliffe 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 Cook the Sum of 10,000 l. and 2,000 l.: That he, this Deponent, did tell Sir Thom. Cook, He had Friends that would take Pains to do the Company Service, but they would have 10,000 l.:

That Sir Thomas Cook agreed, 10,000 l. should be given; whereupon this Deponent advanced that Sum: This Deponent had 2,000 l. 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 Cook 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. Pudley, Mr. Duckmanick:

Mr. Goldwell, who is since dead, was the only Member he himself gave Money to: And that, if he had a little Time to peruse his Papers, he could recollect further.

Nathanael Powell deposeth,

That he was very instrumental in causing a good Understanding between Sir Thomas Cooke and the Interlopers:

That he concerted how to bring about Meeting between Sir Tho. Cook and Sir Bazil Firebrace, who had been of a different Interest:

That Sir Bazil made some Terms with Sir Tho. Cook, upon which a Charter was to be had:

That he perceived, by Sir Basil Firebrace, there was some Difficulty in the Matter; Sir Tho. Cook insisted to know what Sir Bazil Firebrace did with the Money; which Sir Bazil 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, asked Sir Bazil Firebrace, Whether he intended to make a Porter of him? Sir Bazil gave him his Word, That he should have 500 Guineas; and that about Two Months since, he did receive 530 l. though the Promise was to have it paid upon passing of the Charter:

That he hath bought Ten or 15,000 l. Stock at one time of Sir Tho. Cook: He never took it to be the EastIndia Company's, but Sir Tho. Cooke's proper Stock; and had his Contract for the Repayment of it in Six Months, if desired: He generally had it repaid: If any Loss was, he always looked upon it as Sir Tho. Cook's and not the Company's Loss.

Die Veneris, 26 Aprilis1695.

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. Wootton exhibited a particular Extract relating to Sir Bazil Firebrace's Account, taken out of his CashBook; and, being subscribed, is hereunto annexed; is the same with Mr. Fowles.

Mr. Bates, upon his Examination, deposed,

That Sir Bazil Firebrace did apply himself to him, to use his Interest for obtaining a Charter to the East-India Company, the old Charter being forfeited; and told him, this Deponent, They would be very grateful for it; but cannot remember that any particular Sum was named:

That he, this Deponent, did use his Interest with the Lord President; who said, He would do what Service he could: And further saith, That the Lord President had delivered his Opinion publickly, and thought the Forfeiture (fn. 4) [of it] a Hardship: That the Lord President had often shewed himself his Friend:

That he received Three Notes for 5,500 Guineas in the Whole: That he sent a Servant to receive the Money; but cannot say the Time:

That he told my Lord President what Sum he had; and would have pressed it upon my Lord, but he refused it: Whereupon this Deponent, in regard he could not tell Money very well himself, did ask Leave of my Lord, That his Servant might tell the Money; to which my Lord made Answer, He gave Leave; and accordingly Monsieur Robert did receive the Money:

That he had not the Notes till after one Charter passed, and before the other passed: He saith, That all the Notes were given together at one time; and that he, this Deponent, gave no Counter-notes when he received them:

But afterwards, he, 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 Bazil Firebrace, That Sir Bazil did say, He should have a Sum; and thinks he named a particular Sum:

That 500 Guineas were received before June last, and the other 5,000 Guineas afterwards:

That the said Notes were not out of his Possession, from the time he first had them, to the time he gave them Monsieur Robert to receive the Money:

That Monsieur Robert, after he had received the Money, brought the same to him; which hath remained in his, the Deponent's, Possession, and in his own House, till the time that he paid 4,400 Guineas thereof back again to Sir Bazil; which, as he takes it, was upon Monday or Tuesday last.

And he, being examined again to the same Matter, saith, That these 4,400 Guineas, paid back to Sir Bazil, were in Four Bags, with 1,100 Guineas in each, brought to him by Robert within a Month last past:

And as to the 600 Guineas remaining of the 5,000, he, at first, said, He had spent the same; and then, being afterwards examined to the same Matter, did say, They were at home in his Study; that he may have spent some:

The reason why he paid back the 4,400 Guineas was, the Noise that it made, and that People might think he did not deserve them:

That the whole 5,500 Guineas were for his own private Use; and that he might give them to his Footman.

Sir Bazil Firebrace deposeth,

That the East-India Company's Charter being forfeited, Sir Thom. Cook, and others, applied themselves to him, observing him active, and to have Interest among Noblemen, to endeavour the procuring a new Charter:

That Sir Thomas Cook was apprehensive, that it stuck with the Duke of Leeds; and told him, this Deponent, That some way must be found out to the Duke: He therefore 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 Basil told him, He thought a Present might be made of Two or Three thousand Pounds: That Mr. Bates went to St. James's; and said, He had spoke to his Friend, and that more had been offered on the other Side: At another time he said, More was offered by our Side: At last, said, 5,000 l. had been offered, by another Hand, on the same Side; and that this Deponent did not come up to the Market: That he acquainted Sir Thomas Cooke with this Proposal; who said, if it was insisted on, it must be done; and so it was agreed to offer 5,000 Guineas: Bates then said, This was nothing to him; he ought not to be employed for nothing: So this Deponent was forced to go back to Sir Tho. Cook for new Orders: And so 500 Guineas were given him besides:

That, at first, Bates said, He would undertake no further, than that the Duke should not oppose, but be silent; because he did not know but the Duke had engaged himself by having spoke on the other Side:

That he, this Deponent, did except against this; because he would not let the Company's Money go far nothing: And it would reflect upon him, that nothing appeared to be done for it:

It was then agreed, That if the Duke did act in favour of the Company, that he should have 2,000, and 3,000 Guineas; and Bates 500 Guineas for himself:

He, this Deponent, would have put off his 500 Guineas to the last; but Bates said, His Friend would have him have the 500 Guineas to himself first.

Sir Basil produced a Copy of Mr. Bates' Receipt of a Note of 3,000 Guineas, which he thereby promised not to call for till the Charter should pass: The Original he had given back when the Money was paid; and had not taken a Copy of the Counter-note for the 2,500 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 of the Second Charter: From the time the Notes were given, they had free Access to the 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': That the Condition of one Draught, which Mr. Bates brought, was worded, "in case the Lord Duke did not assist the Company in passing the Charter:"

To which this Deponent made an Alteration, by putting out my Lord's Name, and making it not payable, in case the Charter should not pass: Bates said, It came from his Friend at St. James':

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; but afterwards said, it was only a Mistake; and had brought it in Gold; which by Computation came to the same Sum:

That when this Deponent told him, That Sir Thomas Cook would not take the whole back again, 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. Clyve. a Friend of Sir John Trevor's, who said, He brought it from Sir John Trevor, to whom Sir Thomas Cook 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 he, this Deponent, was present when Sir Thomas Cook gave it:

There was, at another time, 200 Guineas ordered to be given to Sir John Trevor, for a New-Year's Gift, by Sir Jos. Herne.

That, as to 20,000 l. of the 30,000 l. before-mentioned, the same Sums were not actually paid till since Lady-day; and, as to the other 10,000 l. he has it now in Stock in the East-India Company:

That as to 5,000 l. Part of the said 30,000 l.; one Third Part thereof he did design to Sir Edward Seymour; one Third to Sir John Trevor; and the 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 to promote getting the Charter: And, Sir Edward Seymour afterwards meeting this Deponent, he, the said Sir Edward, chid him for that Proposal; and told him, If he made any more such Proffers, he would never have any thing more to do with him:

Examination of Persons mentioned by Sir T. Cook.

That he, this Deponent, did tell Mr. Guy, That the Advantage to them in passing the Charter, and the Act of Parliament, would be worth 10,000 l. amonst them:

That he, this Deponent, did intend a Distribution of all the 30,000 l. in manner following; viz. To Sir Edward Seymour, Mr. Guy, and Sir John Trevor, 10,000 l. in case the Charter, and Act of Parliament, passed; to the Merchants Interlopers, 10,000 l; and to himself, 10,000 l.

That he thought himself obliged in Honour to pay Two-thirds of the 5,000 l. when received, to Sir John Trevor and Mr. Guy; and the other (fn. 5) [Third], which he designed for Sir Edward Seymour, he, this Deponent, kept for himself: That Sir John Trevor did afterwards give him some Hints of his Expectations.

Mr. Acton delivered in an Account in Writing of several Persons, among whom he had distributed several Sums of Money; which Account is hereunto annexed.

He faith, That Mr. Wallis had a Sum of Money given him, which is included in Craggs' Money, in his Account mentioned.

Several of the Gentlemen of the Committee of the East-India Company, that were appointed for inspecting the Books, and examining the Accounts of the East-India Company, attended; and delivered in some Papers, drawn up in the Nature of a Report, to that Company: A Copy of which is hereunto annexed.

Sir Josiah Child, being examined, said, He never disposed of 10 l. of the Company's Money, to his Remembrance; always affecting Ignorance in that Matter: 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 Acquaintance:

That he did recommend it, That a present of 50,000 l. 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. Tysson told him, The King would not meddle in that Matter:

That he knew nothing of the 40,000 l. paid to Sir Bazil 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 Tho Cooke, That he thought Sir Bazil the fittest Person to divide them.

Mr. Atwell produced his Cash-Books; by which it appeared, That

And said, The Money was paid by Order of Sir Thomas Cook.

Mr. Bates, being examined again, said, He believed the Money might be paid, as the Books expressed: And further owned, That he had not 4,400 Guineas, in his House on Sunday (fn. 6) [Night] last; and that the 4,400 Guineas, which he paid back to Sir Bazil Firebrace, was brought to him by Monsieur Robart, on Tuesday Morning last, Eight a Clock.

Mr. Tyssen, being examined, said, That Sir Thomas Cook and Sir Josiah Child gave him a Note, under their Hands, for 50,000 l. which was intended to be presented to his Majesty, if his Majesty would pass an Act of Parliament, as they should desire: And that he acquainted my Lord Portland with the Company's Intention to make such a Present; who told the Deponent, That the King would not meddle with it:

And being asked, If he had offered the same to my Lord Portland, denied that he had so done; saying, If he had, he must never have seen his Face more.

And the said Deponent saith, That, when he was examined before the House of Commons, he did not take it, that the 10,000 l. given to his Majesty was (fn. 7) [included] in the Sum charged upon Sir Thomas Cooke, being before the Date of any Order for that Money.

Mr. Craggs, being examined, gave an Account how he had disposed and applied 4,540 l. with which he was charged by Mr. Acton; which Account is annexed: And denied that he ever paid any Money to any Member of Parliament.

Examination of Persons mentioned by Sir T. Cook.

Mr. Hornby's Account.

Examination of Persons mentioned by Sir T. Cook.

Mr. Fowles's Account.

Mr. Acton's Account.

Mr. Cragg's Account.

An Account of the Disposal of 4,540 l. which I received of Mr. Acton; which was distributed in the Manner following;

Mr. Bates' Receipt.

I Charles Bates, of Westminster, Esquire, do hereby acknowlege to have received of Sir Tho. Cooke, of London, Knight, one Note, signed by William Atwill, for himself and Company, dated the 8th Instant, and payable to myself for Three thousand 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 Charter, and Stock, of the present East-India Company, 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 with the said Sir Tho. Cook, his Executors and Administrators, to restore and return the above-mentioned 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 Money mentioned in the said Note, to remain to me without further Account for the same. Witness my Hand and Seal, this 9th Day of September 1693.

Witness, Charles Bates.
B. F.

Duke of Leeds' Impeachment.

Resolved, That there does appear to this House, upon the Report from the Committee of both Houses appointed to examine the Persons mentioned in the Report of Sir Tho. Cook's Account, That there is sufficient Matter to impeach Thomas Duke of Leeds, President of his Majesty's most Honourable Privy-Council, of High Crimes and Misdemeanors.

Resolved, That Thomas Duke of Leeds, President of his Majesty's most Honourable Privy-Council, be impeached of High Crimes and Misdemeanors.

Ordered, That Mr. Comptroller do go up to the Lords, and, at their Bar, in the Name of the House of Commons, and all the Commons of England, impeach Thomas Duke of Leeds, of High Crimes and Misdemeanors; and acquaint them, That this House will, in due time, exhibit particular Articles against him, and make good the same.

Before the Message was carried up;

The Duke desires and is heard at the Bar.

The House being informed, That the Duke of Leeds, was at the Door; and desired to be admitted into the House, to be heard;

Resolved, That the Duke of Leeds be admitted in, and heard.

Whereupon, a Chair was sent by the Serjeant, a little within the Bar, on the left Hand the Coming in; and the Serjeant had Directions to acquaint the Duke, That he might come in:

And, the Doors being opened, the Duke came in, uncovered, making his Obeisances in the Passage, and at the Bar; and came up to the Chair:

And Mr. Speaker acquainted his Grace, That he might, if he pleased, repose himself in the Chair.

Whereupon, his Grace sat down in the Chair, and was covered: And, after a little Space, arose up again, and uncovered, spoke to the House, addressing himself to Mr. Speaker:

And, having ended his Speech, withdrew uncovered:

The Mace being all the while on the Table.

Then Mr. Comptroller went to the Lords with the said Message.

Ordered, That Sir John Thompson, Mr. Henry Boyle, Sir Richard Onslow, Sir Hen. Hobart, Mr. Bridges, Sir Tho. Littleton, Mr. Mountague, Mr. Hutchinson, Mr. Boscawen, Sir Edward Abney, Sir Tho. Pope Blount, Mr. Chadwick, Mr. Clarke, Sir Herbert Crofts, Mr. Pelham, Sir Rowland Gwyn, Mr. Comptroller, Mr. Papillion, Mr. Harley, Sir Wm. Cooper, Sir Walter Young, Mr. Brockman, Sir Christ. Musgrave, Mr. Gwynn, do withdraw into the Speaker's Chamber, and prepare the Articles of Impeachment against the Duke of Leeds.

Mr. Comptroller reported, That he had been at the Lords, according to Order, and, at their Bar, impeached the Duke of Leeds of High Crimes and Misdemeanors; and acquainted them, That this House will, in due time, exhibit particular Articles against him, and make good the same.

And then the Committee withdrew.

And the House adjourned for half an Hour.

THE House being met;

Ordered, That Mr. Solicitor-General, Sir Fran. Winington, Mr. Serjeant Blinco, be added to the Committee appointed to prepare Articles of Impeachment against the Duke of Leeds.

A Message from the Lords by Sir Miles Cooke and Mr. Holford:

Mr. Speaker,

Preventing counterseiting Coin.

The Lords have agreed to the Amendments, made by this House, to the Bill, intituled, An Act to prevent counterseiting and clipping the Coin of this Kingdom.

Sir T. Cook's Disclosures resolved not to be satisfactory.

We are also to acquaint this House, That it is the Opinion of the Lords, That the Discovery made by Sir Thomas Cook, to the Committee of both Houses, is not satisfactory, nor so full as to intitle 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: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

Resolved, That this House will send an Answer by Messengers of their own.

And the Messengers were called in: And Mr. Speaker acquainted them therewith.

Resolved, 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 intitle him to the Benefit of the Act made to indemnify Sir Thomas Cook 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.

Ordered, That a Message be sent to the Lords, to acquaint them with the said Resolution.

Ordered, That the Lord Coningsby do carry the said Message.

Duke of Leeds' Impeachment.

Ordered, That the Committee, who withdrew to prepare the Articles of Impeachment against the Duke of Leeds, do report the same to the House upon Monday Morning.

Committees.

Ordered, That all Committees be adjourned.

And then the House adjourned till Monday Morning, Nine a Clock.