House of Commons Journal Volume 11
29 April 1695

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1803

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'House of Commons Journal Volume 11: 29 April 1695', Journal of the House of Commons: volume 11: 1693-1697 (1803), pp. 327-328. URL: http://www.british-history.ac.uk/report.aspx?compid=39166 Date accessed: 22 July 2014.


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Lunæ, 29 die Aprilis;

7° Gulielmi Tertii.

Prayers.

Duke of Leeds' Impeachment.

ORDERED, That the Committee appointed to prepare Articles of Impeachment against the Duke of Leeds have Power to send for Persons, Papers, and Records.

And then the House adjourned for half an Hour.

THE House being met;

Committees.

Ordered, That all Committees be revived.

Imprisoning Sir T. Cook, &c.

A Message from the Lords, by Sir Miles Cooke and Sir John Franklyn:

Mr. Speaker,

The Lords have passed a Bill, intituled, An Act for imprisoning Sir Thomas Cook Knight, Sir Bazil Firebrace Knight, Charles Bates Esquire, and James Craggs; and restraining them from aliening their Estates: To which they desire the Concurrence of this House.

And then the Messengers withdrew.

The Bill was read the First time.

Resolved, That the Bill be read a Second time.

Ordered, That the Bill be read To-morrow after Twelve a Clock.

Ditto.

A Petition of Sir Thomas Cook was presented to the House, and read; setting forth, That the Petitioner, pursuant to an Act of this present Session, hath been examined; and, with all Sincerity, discovered the full Truth of his Knowlege, concerning the Disposition of the several Sums of Money therein mentioned; and in case there be any Objection against the Petitioner's Discovery, he is ready, to the utmost of his Ability, to explain the same, and comply with the said Act in all things thereby required: That the Petitioner is informed, a Bill is now depending in the House for imprisoning the Petitioner until the End of the next Session of Parliament; whereby the Petitioner will not only be restrained from all Trade and Commerce, wherein the Petitioner is very much engaged; but also Penalties are thereby laid on the Petitioner, without giving him any manner of Opportunity to ease himself thereof: And praying, That he may be permitted to be heard against the said Bill, at the Bar of the House; or otherwise to be relieved, as to the House shall seem meet.

Ordered, That the said Petition do lie upon the Table.

The Chaplain.

Resolved, That an humble Address be presented to his Majesty, by such Members of this House as are of his Majesty's most Honourable Privy-Council, That he will graciously please to bestow some Preferment in the Church upon Mr. Barton, Chaplain to this House.

Duke of Leeds' Impeachment.

Mr. Comptroller, according to Order, reported from the Committee appointed to prepare Articles of Impeachment against the Duke of Leeds, That they had prepared the same accordingly; and had directed him to report the same to the House; which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were once read throughout; and are as followeth; viz.

Articles of Impeachment exhibited by the Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves, and of all the Commons of England, against Thomas Duke of Leeds, President of his Majesty's most Honourable Privy-Council, for High Crimes and Misdemeanors.

1. That certain Merchants, trading to the East-Indies, having either forfeited their Charter, or being under an Apprehension that they had forfeited the same; and having made their humble Applications to their Majesties in Council, for obtaining a Charter of Confirmation; the said Duke of Leeds, being then President of their Majesties most Honourable Privy-Council, and sworn to give their Majesties true and faithful Advice, did, contrary to his Oath, Office, and Duty to their Majesties, and in Breach of the great Trust reposed in him, by himself, his Agents or Servants, corruptly and illegally treat, contract, and agree, with the said Merchants, or their Agents, for Five thousand Five hundred Guineas, to procure the said Charter of Confirmation, and also a Charter of Regulations; or to use his Endeavours to obtain the same.

2dly, That, in Pursuance of such corrupt Contract and Agreement, the said Duke of Leeds did, by himself, his Agents, or Servants, receive or accept from the said Merchants, or their Agents, certain Notes, or Securities, whereby he or they were impowered to receive the said 5,500 Guineas, upon the Passing of the said Charters.

3dly, That soon after the Passing of the said Charter of Confirmation, the Sum of Two thousand Five hundred Guineas, Part of the said 5,500 Guineas; and soon after the Passing of the said Charter of Regulations, the further Sum of Three thousand Guineas, other Part of the said 5,500 Guineas; were, pursuant to the said corrupt Contract and Agreement, actually received by the said Duke of Leeds, or by his Agents or Servants, with his Privity and Consent.

And the said Knights, Citizens, and Burgesses, by Protestation, saving to themselves the Liberty of exhibiting, at any time hereafter, any other Accusation or Impeachment against the said Thomas Duke of Leeds; and also of replying to the Answer, that the said Thomas Duke of Leeds shall make unto the said Articles, or any of them, or of offering Proof of the Premises, or any other Impeachments or Accusations, that shall be exhibited by them, as the Case shall, according to the Course of Parliament, require; do pray, That the said Thomas Duke of Leeds be put to answer the said Crimes and Misdemeanors, and receive such condign Punishment as the same shall deserve: And that such Proceedings, Examinations, Tryals, and Judgments, may be upon every of them had and used, as is agreeable to Law and Justice.

Then the same were read a Second time, Paragraph by Paragraph; and the Three Articles agreed unto by the House.

Then the Saving was read a Second time:

And an Amendment being proposed, to leave out the Word "condign;" the same was agreed unto by the House.

And then the Saving was agreed unto, so amended.

Ordered, That the Articles of Impeachment be ingrossed.

And they were so.

The Articles of Impeachment ingrossed were read.

Ordered, That the said Articles of Impeachment be carried up to the Lords.

Ordered, That Mr. Comptroller do carry the said Articles of Impeachment to the Lords.

Mr. Comptroller reported, That he had carried up the said Articles of Impeachment to the Lords.

Adjournment.

A Motion being made, and the Question being proposed, That the House do adjourn till To-morrow Morning, Eleven a Clock;

An Amendment was proposed, to leave out "Eleven a Clock:"

And the Question being put, That those Words stand in the Question;

The House divided.

The Yeas go forth.

Tellers for the Yeas, Sir Jos. Tredenham,
Mr. Cooke:
69.
Tellers for the Noes, Sir Sam. Barnardiston,
Sir Wm. Scawen:
72.

So it passed in the Negative.

And then the House adjourned till To-morrow Morning, Nine a Clock.