The Examinations and Informations upon Oath, OF Sir Thomas Cooke, And Several other Persons: Lately taken before a Gommittee of Both Houses of Par­liament, touching divers Indirect Practices, to procure by Corrupt and Unlawful Means, a New Charter, and Act of Parliament for the East-India Company. As also the ARTICLES of Impeachment by the Honourable House of Com­mons, against the DUKE of LEEDS. With his Grace's ANSWER thereunto.

Die Martis, 23. April, 1695. In the Exchequer-Chamber.

AT the Committee of both Houses, appointed to hear and examine Sir Tho. Cooke, in pursuance of the Act, intituled, An Act to indemnifie 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.

Sir Thomas Cooke 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 that Act; but however, his scruple should he fairly represented to both Houses.

Sir Thomas Cook being sworn, acquainted the Com­mittee, 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 10000 l. mentioned in the said writing, he saith, the same was payed to Mr. Tyson in November 1692.

That he gave him no Directions 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 service of the King, but he could not say the King had it.

He believes the East India Company never had any account how this 10000 l. was disposed. He told the Court, as he remembers, That he had disposed of the mo­ney, and they required no account thereof.

He believes Mr. Tyson told him, that he delivered it to Sir Josias Child, who delivered it to the King. He saith, 'tis a Customary Present, and that in King Charles's 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; That he himself advanced this sum, and had it not repaid in 4 or 5 months time; the same, with the interest thereupon due, was presented to the King in Tallies.

As to the 10000 l. and 2000 l. next mentioned in the Account, he saith, 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 Companies Affairs; and several of them would speak with parliament-men; That he could not par­ticularize who they were, but the end aim'd at, was to get an Act of Parliament.

Sir Thomas Cook offer'd to give the Company an Ac­count how the mony was disposed of, but they did not think fit to receive it. And further saith, That he knows no man, besides Mr. Acton, who can give an Account who had that mony. That he intrusted this mony wholly with Mr. Acton, taking him for an honest and able man, the Court having given him Power (as he conceiv'd) to dispose of the mony by another hand, as well as by his own.

That the inducements for giving this mony, were fears of the Interlopers going out, and Subscriptions for a New Company going on, by which they apprehended pany would be ruin'd.

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 Com- the Commons to settle the East-India Trade.

That this 10000 l. was Advanced by Acton himself, and not repayed him in some Months after, which mony, he believes, Acton paid away the same Session; the other 2000 l. to Acton, was for Interest and his Pains and Expences, which were great.

Acton did say he could tell some Persons imployed in that Affair, he did understand that this Money was to be laid out for promoting their Affairs in Parliament, could not say to whom it was given, but understood it went no furnher than the House of Commons, and that he found no good Fruit by such Distribution.

That Mr. Acton at that time had an interest in the East-India Company, to the value of 10 or 20000 l. as he believes, and had so for some time.

That he gave this 10000 l. with the Privity of Sir Jesias Child, who recommended Acton as a Person ca­pable of doing the Company Service, having great Ac­quaintance with Parliament Men, and others who had in­terest with them.

That he knows not who Acton Employed in the di­stribution of this Mony.

As to the 338 l. 7. s. 6 d. mentioned to be paid to Mr. Molineaux, he saith, the same was paid him about the same time the money was paid to Mr. A­cton; That Mr. Molineaux told him, this money was to be disp sed of to the Lord Rivers; but further saith, that since his confinement Molineaux had been with him, to tell him, that it was a w [...]ng thing; that my Lord ne­ver had it; that he had made use of it himself.

As to the farther Sum of 250 l. mentioned in the said Paper, to be paid Mr. Tyson, for the service of the Company; he saith, it was paid him about the same time, and was in relation to Salt Petre, but he cannot give a [...] further Account thereof.

As to the 220l. mention'd to be paid to Sir John Chardin, he believes it was for his own use, having ex­pended great sums in the Companies service.

As to the 350l. paid to Mr. Dockminique, he saith, He believes the same was Expended by him, but he knows, not to whom he gave it.

As to the 382 l. 1 s. 8 d. paid to Capt. Jermain, he saith; That Mr. Jermain told him he had lost 700 l. in the Interest of the Interlopers, who finding that Interest to decline, applied himself to him, the said Sir Thomas Cook, proposing that if he might have half the monies, which he had lost, repaid him, he would come into the East-India Company's Interest, upon which consideration the said 382 l. 1 s. 8 d. was paid him.

As to the 1091. l. 13 s. 4 d. paid to Mr. Fitzpatrick, Deceas'd, he saith, That Fitzpatrick 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 Mony; but he believes the said Fitzpatrick kept the Money himself.

That there was a promise of a further Sum, if the intended Act of Parliament did not pass.

As to the 545 l. 16 s. 8 s. it was to be paid Mr. Charles Bates, when the Charter was settled, and was paid accordingly in October 1693. He himself had no acquaintance with him; but Sir Bazil Firebrace told him, He had acquaintance with several Lords, and named the Marquess of Carmarthen, now Duke of Leeds.

As to the first 10000 l. paid to Sir Basil Firebrace, it was paid him about Novemb. 1693. And it was always his apprehension that Sir Bazil Firebrace kept it for him­self to recompence his Losses in the Interloping Trade.

As to the several other sums which compleat the farther sum of 30000 l. paid to Sir Bazil, he saith, They were paid at one time, tho depending upon several Contracts.

That it was agreed, in case the Charter passed, the Company, should take 60000 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 l. per Cent. by which the Company lost 30000 l. He saith, He never could tell to whom this mony was distributed; nor would Sir Bazil Firebrace give him an Account of that matter, tho often asked by him to do it; and Sir Bazil said, If he were farther pressed, he would have no m [...]re to do in it.

That the Charter being passed, the Company paid the 30000 l. about January 1693. In recompence for the fall of the Stock, the Company was also to Transfer 40000 l. more Stock at 100 l. per Cent. if an Act passed in 18 Months for Confirming and inlarging their Charter; but the Act of Parliament not being passed, the Contract for that 40000 l. stock became void.

Sir Thomas Cook produc'd a Contract dated Sept. 19. 1693. 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 Octob. 25. 1692.

He saith, There were several Contracts, some to the value of 6000 l. on account of Procuring a New Charter, and others, to the value of 40000 l. on ac­count of procuring an Act of Parliament; They were all in Sir Bazil Firebraces Name, one of each sort by him produced to shew the Nature of their Contracts.

He saith, The 30000 l. was paid to Sir Bazil Fire­brace, or his Order, upon Ten several Contracts. It was paid in six several Sums, viz. 15 or 20000 l. (and he thinks 10000 l. a peice, because no more than that sum can be subscribed by one person) to Fowles and Wooton, to Mr. Edward Allen 5000 l. to Mr. Horneby 5000l. That the 30000 l. and 10000 l. were subscrib­ed into the East-India Company; and he believes the subscribers can give better Information as to these sums.

He did not know but the reason why the 30000 l. was in ten several contracts might be, because Sir Ba­zil might have occasion to distribute it to several Persons.

As to the 90000 l. he saith, That it was 99197 l. Stock bought for 90000 l. of several persons for the use of the Company, to make good the contracts with Sir Bazil, if he should choose to accept the Stock.

That the Stock was transferr'd 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 transferr'd to the Company, other part was sold to their use, and they have the money.

The 23d. April.
A true and full Discovery upon Oath made by Sir Thomas Cooke to the best of his knowledge, how, and in what manner, and to what Person or Persons, and to what particular Ʋses, Intents and Purposes; and on what account the Sum of 67000 l. and the Sum of 90000 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.

 l.s.d.
DElivered to Francis Tyson Esq; several Tallies for 10000 l. for the special service of the Company.100000000
To Interest and Allowance due for the said Tallies, till the same was repaid me.00597810
To Mr. Richard Acton to defray the Expences of himself, and for his Friends, solliciting to prevent a new settlement of the East India Company, and to endeavour the Establishment of the Old.100000000
To ditto, for Interest of the Mony and Gratuity for his pains, more20000000
To Mr. Nath. Molineaux, Merchant, for himself and Friends in solliciting the Companies Affairs, to prevent a New Charter, and establish the Old, 310 Guineas.338076
To charges on the Salt Petre, and for the Tallies and other Expences.1641610
To Francis Tyson Esq; for the service of the Company.2500000
To what I find by my Notes of memorandums is charged to my self 100 Guineas.1 [...]90304
To John Chardin for several expences and services in the Companies Affairs,2200000
To Paul Dockminique Esq; for solliciting the Companies Affairs to prevent a New Compa­ny, and to establish the Old.3500000
To Captain John Jermain in consideration of loss he had by the East India Stock, and on his promise to come into the Companies Interest, 350 Guineas,3820108
To Coll. Fitzpatrick for the service done the Company by his solicitation for a New Char­ter 1000 Guineas,10911304
To Charles Bites Esq; on the same Account, 500 Guineas,5451608
To Sir Bazill Firebrace in recompence of his trouble in prosecuting the Companies Affairs, and in consideration of other Losses he had sustained by neglecting his own Business, and by not engaging himself with the interloping Ships.100000000
To the said Sir Bazill for 50 l. per Cent. loss on L' 10000 l. Stock I was obliged to accept of him at 150 l. per Cent. being on the Companies account.50000000
To Ditto, for a like Loss of 50 l. per cent. on 9000 l. Stock.45000000
To Ditto, for a like Loss of 50 l. per cent. on L' 8000 l. Stock.40000000
To Ditto, for a like loss of 50 l. per cent. on L' 7000 l. Stock.35000000
To Ditto, for a like loss of 50 l. per cent. on L' 6000 l. Stock.30000000
To Ditto, for a like loss of 50 l. per cent. on L' 5000 l. stock.25000000
To Ditto, for a like loss of 50 l. per cent. on L' 4000 l. stock.20000000
To Ditto, for a like loss of 50 l. per cent. on L' 1000 l. stock.5000000
To Ditto, for a like loss of 50 l. per cent. on L' 6000 l. stock.30000000
To Ditto, for a like loss of 50 l. per. cent. on L' 4000 stock.20000000
To the Attorney General for his great trouble and pains about the Charters. and other Affairs relating to the Company, 500 Guyneas.5451608
T the Sollicitor General on the same account, 200 Guineas.2180608
To Mr. Sambrook, &c. for charges in passing the said Charters.218068
 670311802
Tho. Cooke.

The 23d. April 1693.
An Account of the Disposition of the 90000 l. mentioned in the said Bill; which was for E. India Stock, bought of several persons for account of the E. India Company; as by the par­ticulars below appear; Viz.

 East-India Stock.which cost
 l.s.d.l.s.d.
Of Mr. Robert Marshal40661003659170
Of Ralph Marshal, Esq;2033501829186
Of Mr. Abraham Wilmer57601765184159
Of Mr. John Blacker1016126914193
Of Mr. William Shepherd67771006099150
Of Sir Salathiel Lovell1016126914193
Of Paul Dockminique, Esq;13551001219190
Of Mr. John Dubois2033501829186
Of Mr. Robert Lancashire67771006099150
Of Mr. Vincent Sheppherd33881503049176
Of Mr. Francis Gosfright33881503049176
Of Frederick Herne, Esq;5422004879160
Of Capt. Jonathan Andrews6771506 [...]9196
Of Sir Thomas Grantham1694761524189
Of John Perry, Esq;33881503049176
Of Mr. Richard Munford47440504269166
Of Mr. Samuel Ongley196541501799615
Of Richard Mounteney, Esq;330000297000
Of Mr. Gabriel Glover550000495000
Of Mr. Thomas Powel, &c17200001569500
 9919700Stock cost 89799111
For Provision, &c. Of the said L' 99197 l. stock only computed at 200 l. 18 s. 1 d. to make up the 90000 l.200181
    90000000
Tho. Cooke.
Die Mercurii 24. April, 1695. In the Exchequer Chamber.

At a Committe of both Houses, appointed for the Exa­minations 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 Discovery, 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 from such Distribution.

Sir Bazil Firebrace being interrogated touching his receipt of 10000 l. and 30000 l. (charged on him by Sir Tho. Cooke) and also touching the distribution thereof.

Deposeth,

THat rhe said sum of 10000 l. was given as a gra­tuity to him by the said Sir Thomas Cook for his Losses, of which he had given Sir Thomas Cook a satis­factory Account. That he received the 10000 l. some time before the Charter for the East-India Company passed.

That the said sum of 30000 l. was received by him by vertue of a Contract with Sir Tho. Cook, 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 30000 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 gain'd as much as the 30000 l. paid him.

That he is positive the 10000 l. and 30000 l. 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 Tho. Cook, about using his (the Deponents) 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 forhear Projecution, and that he did en­deavour all he could to improve the Companies Stock, and made it in his bargain, That the Company should submit to Regulations in their Charter.

He believes that Sir Tho. Cook might desire him to acquaint him how he disposed of the Mony, 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 praemium (mentioned therein) was paid, and refers to the contracts, that in some of them 5 l. per cent. in o­thers 5 s. is the praemium mentioned.

That in the contract, Sept. 15. 1693. the 3 [...]0 Gui­nea's were paid by a Note which Sir Tho. Cook kept some time, and after did deliver up to the Deponent, without having received any mony from this Depo­nent.

Being asked what particular Services he did, or was to do for procuring a New Charter.

Saith, That he wisht 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 Sollici­tation, and other Services. He knew not of any money or stock given to any Person whatever for procuring [...] Char­ter.

Being asked whether the 30000 l. or the value of 30000 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 Mr. Powel, whose Christian Name he did not remember, but saith, that he lives at Thannet-House; That he was not sure whether he paid that out of this or his own.

It was paid to Powel, because he had good Interest a­mong the Interlopers, and was instrumental in reconciling differences.

Reported from the Committee of both Houses April 27. 1695.
Die Jovis 25th April, 1695. In the Exchequer-Chamber.

At a Committe 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. Hornby, Goldsmith, Exhibited to the Committe an Extract of Sir Bazil 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 10000 l. into the East-India Companies Stock, he had Sir Bazil Firebrace's word for his Security (in case the Stock fell) to have 5000 l. part thereof repay'd 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 Companies Bonds for it, payable in March, at which time a Sale commenced; and he having his Money then paid, he Transferr'd it to the Secretary of the East-India Campany.

To the other 5000 l. part of his said subscription, he saith, That he had no condinions from Sir Bazil 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 Bazil Fire­brace's Account examined as aforesaid, and is here­unto Annexed, and signed by him, and

D [...]poseth,

That he cannot remember the Names of any Mem­bers of Parliament, to [...]hom any Money was paid by Sir Bazil Firebrace's Order.

That he never keepeth any private Notes or Me­morandums of Persons Names, to whom he pays Monies, and hath no other Accounts (as to that matter) but what are in his Books.

Sir Bazil 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 55 [...]0 Guinea's to Mr. Atwel, payable to Mr. Bates or Bearer.

That one Note was for 3000 l. and the other for 250 [...] Guinea's.

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 Guinea's were paid after the Charter for restoring the East-India Company passed; the other for 3000 Guinea's, 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 Tho. Cooke did know, as this Depo­dent verily believes, how these Notes were to be dis­posed of; and further saith, He told Sir Tho. Cooke that Mr. Bates had Acquaintance with several Lords, name­ing 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 point 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 Gui­nea's were offered by Bates back again to him; who said, That this might make a Noise; That if Sir Tho, Cooke thought it too much, he would give it him a­gain; And that on Tuesday last 49 [...]0 Guinea's, being the Value of 5500 l. brought to this Deponent.

That the other 500 Guinea's 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 his Note for the money, payable to Mr. Atwel, or the bearer: and this Deponent believes he the said Sir Thomas Cook, had a double Account, 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 Cook said, the Account would not be even, if the 500 Guinea's were brought into that account.

That this was no part of the 40000 l. before menti­oned in this Deponent's Examination, and paid to this Deponent, which 400 [...]0 l. 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 sometime from my Lord Nottingham, sometime from others.

That Coli. Fitzpatrick received 1000 Guinea's 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 Queens pleasure was. Coll. Fitzpatrick said, he would try to prevail with the Lord Nottingham for 5 [...]00 Guinea's upon passing the Charter, and 5000 l. on the Act of Parliament; but the Lord Nottingham refused to take it. He heard a Note (signed by Sir Josias Child, Sir Thomas Cook, and others) for 50000 l. was lodged in Tysons hands for about a year, to be paid in case the Act passed, and that it was refused (as he understood) by my Lord Portland; that Tyson told him he had made an Offer, and it was rejected; that Tyson told him this late­ly.

That 10 [...]0 Guinea's are entered in the East India Company's books, and were to be paid to Mr. Ward and Mr. Fakener, who are of the Interloping Inter­est, and made great Opposition to the Charter.

Mr. Ward said, if he had a 1000 Guinea's, he would bring over others to the Company's Interest. These 10 0 Guinea's were to be paid on the arrival of the Ship Seymour.

That Sir William Prichard and Dr. 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 Tho. Cook the sum of 10000 l. and 2000 l. That he, this Deponet did tell Sir Tho. Cook, He had Friends who would take pains to do the Company service, but they would have 1 [...]000 l.

That Sir Tho. Cook agreed 1 [...]0 [...]0 l. should be given, whereupon this Deponent advanced that Sum, this De­ponent had 2000 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 Tho. Cook an ac­count to whom he distributed it, or else he thinks the mony 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 mony to be distri­buted, were Mr. Craggs (with whom this Deponent was concerned in Cloathing the Army, who had ac­quaintance with Collonels in the House, and some Northern Members) Mr. Wallis, Mr. Ridley, Mr. Duck­minique.

Mr. Goldwell (who is since Dead) was the only man which he himself gave mony to.

That if he had a little time to peruse his Papers, he could recollect further.

Nathaniel Vowel Deposeth, That he was very in­strumental in causing a good understanding between Sir Tho. Cook and the Interlopers; and contrived how to bring Manning to move Sir Bazil Firebrace, who had been of a different Interest.

That Sir Bazil made some terms with Sir Tho. Cooke, upon which a Charter was to be had.

That he perceived by Sir Basil Firebrace, there was some difficulty in the matter. Sir Tho. Cooke insisted to know what Sir Bazil Firebrace did with the mony, which Sir Basil refused to let him know.

That he always withdrew at their meetings, his bu­siness being only to go upon Errands [...]o procure meet­ings; and that one day he, this Deponent, asking Sir Bazil Firebrace, Whether he intended to make a [...]rter of him; Sir Bazil gave him his word, That he should have 500 Guinea's, and that about two months since he did receive 350 l. tho the promise was to have it paid upon passing the Charter.

That he hath bought 10 or 15000 l. stock at one time of Sir Tho. Cooke; he never took it to be the East-India Companies, 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 look't upon it as Sir Tho. Cooke's, and not the Companies loss.

Sir Bazil Firebrace. Debit.

   l.s.d.
1693. January23.To Cash paid Mr. Allen29 [...]000
February26.Ditto, 50 Guineas5500
1694. April.5.To Ditto, Mr. Abra. Wilmor. 2000425000
  Sir Fr. Child. 2250
 6To Sir John Lowther11084
 11.To Cash.5544
 19.To Ditto.5542
May5.To Ditto part of a note May 4.25000
 16.To Ditto, Mr. Ar. Shallet40000
October.22.To Jos. and Nat. Hornby100000
Decemb.21.To Cash, Sir F. Child 800120000
  Mr. Coggs 400
 29.To Ditto130000
January2.To Ditto, part, Decemb. 29.110000
 5.To Ditto.5000
 7.To Ditto.4000
 19.To Ditto.3000
 24.To Ditto.5000
  To B [...]njamin Skinner5000
Feb.5.To Cash.1000
  Ditto.2000
 9.To Ditto, Mr. J. Cooke2666134
 28.To Cash62100
March4.To Ditto, Sir N. Butler.1 [...]190
1695. April5.To Cash.6 [...]100
March4.To Ditto, Mr. Atw. & Co.550000
 24.Ditto, by Mr. John Cooke,500000
  Mr. [...]ornby.
Robert Fowle.

Per Contra.

    l.s.d.
1693.Decemb.19.By cash received1000000
 January3.By Ditto.500000
  8.By Ditto.500000
1694.May4.By Ditto.42500
 Decemb.29.By Ditto.130000
 January7.By Ditto.2584131
  16.By Ditto328000
  25.By Ditto. 100 G.11000
Robert Fowle.

Mr. Hornby's Accompt, Reported from the Committee of both Houses, 27th April 95.

1693. Sir Basil Firebrace, Debitor.
   l.s.d.
January13.To John Shore200  
  To Alfonso Rodriguez420  
 16.To Dr. Stewart80  
  To Charles Shales350  
 20.To William Terret150  
 23.To Ben. Levey8147 
 24.To John Howard232  
 26.To William Clark280  
 31.To Charles Shales200  
Feb.5.To Richard Goodal90  
 10.To Rowland Harris100  
 14.To Dr. William Stewart150  
 20.To Thomas Steers300  
March2.To John Turner Jun.21210 
 6.To Burrel, and Lister105  
 7.To John Swann436  
 8.To Sir Stephen Evance210  
 9.To Charles Shales200  
  To Peter Power48710 
 14.To the Earl of Devonshire40359
 21.To Josiah Davis 350 G.385  
  To Mr. Swan520  
 23.To Charles Shales534  
1694.29.To Samuel Bulteel17718
 31.To Alvaro de Costa850  
April3.To William Hammond420  
 5.To Robert Harrison315  
  To Peter & Pierre Henriqu [...]s312  
  To George Jar [...]is450  
 7.To Peter Mo [...]ger450  
 19.To Samuel Clark221 4
 24.To William Raphe140  
 27.To himself in Gold55  
May4.To William Terret250  
 8.To Edward Shall [...]r7119 
 11.To Peter Burrel100  
V.14.To that S l.7719 
 15.To Charles Shales205  
 17.To Samuel Clark210  
 22.To Capt. Tho. Read18467
  To Robert Hac [...]shaw105  
 24.To William Clark175  
  To Sir Stephen Evance140  
 25.To Sam. Clark100  
 26.To William Terret150  
June8.To Sam. Clark164  
 12.To Ditto10210 
  To Sir Stephen Evance6868
 14.To Jonathan Jones136134
 16.To William Terret317  
 20.To Ditto100  
 27.To Sir Benjamin Newland154118
 30.To Mr. Russel132100
July3.To John Swann326  
 4.To William Johnson80  
 5.To Andrew Loper24015 
 9.To John Swann450  
 20.To Nunds Fernandes150  
Aug.2.To Peter and Pierre Henriques200  
 7.To John Swam132  
 10.To Burrel, and Lister65168
  To Samuel Clark65168
 18.To Joshua Bainton815 
  To Thomas Drake815 
 20.To Thomas Firmin9710 
 30.To Nathaniel Hornby for a Horse1334
Sept.1.To Aaron Kinton79  
 4.To Charles Peers50  
 5.To Daniel Morley50  
  To Edward Smith100  
 7.To Samuel Clark130  
  To Nathaniel Bench Esq;100  
  To Daniel Wigfall, and Comp.9710 
  To Thomas Drake65  
 14.To Thomas Chappel50  
 21.To Adam Spencer50  
 22.To Henry Bourn20  
 24.To Isaac Nunds100  
 27.To George Savage36  

Per Contra. Credit.

    l.s.d.
1693.Decemb.29.By J. Langham, pt. 5930  
 January6.By note per Portmans5000  
  24.By the Owners of ship Success42976
 Feb.7.By Sir S. Evance and C.2500  
 March19.By several Goldsmit [...]s525  
  22.By Rob. Fowle and Comp.8 [...]  
1694. 26.By the East India comp.72210 
   By Ditto.68 [...] [...]0
 April5.By Edmund Portmans.4 [...]359
   By Richard Hoare100  
  12.By John Brassey10612 
  17.By Edward Vernon100  
  19.By Smith and Ward.1468 
  21.By money1000  
  24.By John Coggs.7010 
 May8.By Note.7719 
  15.By Mr. Swann.163126
 June1.By Geo. Finch, 1000 G.1100  
  22.By Edw. Allen.500  
 July7.By S. Sheppard and Comp.1000  
   By Mary Finch.350  
  26.By the Owners of ship Success.80126
 August.1.By John Langham pt. 59.11  
  2.By Shales and Mertins.111  
 Septemb.8.By Sir S. Evance and C.26971
  13.By John Sweetaple42610 
  14.By John Langham full 5918  

Sir Bazil Firebrace continues Debt.

  Brought overl.s.d.
1694. Octob.2To [...]. [...]her50  
 6To Daniel Morley50  
 8To Mr. [...]ayt [...]n17616 [...] 
 9To Dr. St [...]wart40  
 12To Mathew Kendrick155158
 15To William Te [...]r [...]t100 [...] [...]
 17To Elias [...]50  
 19To Thomas [...]ates80  
  To Thomas [...]arnham1038 
  To Jonathan Wells100  
 2 [...]To William Terret50  
  To Edward Smith1 [...]0  
 2 [...]To Ri [...]hard Leeds39146
 24To John Knight Esq;481169
 25.To William Terret140  
Nov.2.To Ditto100  
 9.To Benjamin Ray616 
 10.To William Terret60  
 13.To Daniel Morley100  
  To Edward Dreyner76  
 14.To Abraham Wilmer1350  
 17.To VVilliam Terret105  
 19.To Simon Baxter1696 
  To Edward Dreyner64  
 23.To Sir Benjamin Newland1000  
 27.To Adam Spencer100  
Decem.1.To Jonathan Wells105  
  To Peter VVallis100  
 4.To William Terret156  
 10.To Ditto145  
 14.To Mr. S [...]anlake50  
 22.To himself in Gold56134
 29.To William Terret141  
Jannuary4.To Thomas Steers16615 
 5.To Thomas Bates80  
 8.To John Swann 50 G.56176
  To Charles [...]hales40  
 11.To Abraham Wilmer860  
 14.To Sir Rowland Ai [...]sworth13710 
 22.To Sir Benjamin Newland280  
 23.To Arthur Shallet2705 
 24.To Robert Fletcher80  
  To William Terret135  
 28.To Edward Barradel100  
Febuary1.To William Terret100  
 9.To Ditto139  
 15.To William Hammond90  
 22.To William Terret130  
 25.To Abraham Wilmer92106
 26.To Thomas Coulson815  
March6.To William Dale144  
 9.To Thomas Steers29413 
  To Thomas Langham500  
 19.To William Terret280  
95. Apr.4.To Daniel VVigfall69134
 8.To Thomas Drake65  
 9.To Samuel Cla [...]ke130  
 10.To VVilliam Terret224  
 16.Ditto200  
Errors excepted for Jos. Horne­by and my self,
Nathaniel Horneby.

Per Contra. Credit.

  Brought overl.s.d.
1694. October1.By Richard Conyers48  
 13.By Robert Fowle, and Comp.1000  
 17.Bartholomew Layton100  
Novem.7.By the Owners of ship Success1000  
Decem.19.By Edmund Portmans2000  
January12.By Ditto1500  
March15.By the East-India Company1000  
1695.30.By Ditto1500  
April27.By the Owners of ship Success291210 
Errors excepted, For Jos. Horneby and my self,
Nat. Horneby.
Die Veneris, 26. Aprilis, 1695. Exchequer Chamber. At a Committee of Both Houses.

Mr. Wootton exhibited a particular Abstract relating to Sir Bazil Firebrace's Account, taken out of his Cash-book, and being subscribed by him, is hereunto an­nexed.

Mr. Bates upon his Examination Deposeth,

THat Sir Bazil 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 service he could; and further saith, That the Lord President had delivered his Opinion publickly for confirming the Charter, and thought the forfeiture 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 Mony, but cannot say the time: that he told the Lord President what sum he had, and would have pass'd it upon my Lord, but my Lord refused; whereupon this Depo­nent, in regard he could not tell mony himself, did ask leave of my Lord that his servant might tell the mony, to which my Lord answered, he gave leave, and accordingly Monsieur Robart did go and receive the mony.

That he had not the Notes till after one Charter had pas [...]d; 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 matters, was not positive that counter Notes were not given. That he [...]hinks when he had the first treaty with Sir Bazil [...]ir [...] that Sir Bazil 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 Monsieur Robart to receive the mony, who after he had received the mony, 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 Bazil, 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 11 hundred Guineas in each, brought to him by Ro­bart within a Month last past. As to the 6 [...]0 Guineas remaining of the 5 00; he at first said he had spent the same; and being afterwards 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 Guinea's was the noise that it made: and that People may 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 Foot­man.

Sir Bazil Firebrace Deposeth, That the East India Company's Charter being Forfeited, Sir Th [...]. Co [...]ke and others app [...]yed themselves to him, observing him active, and to have interest among Noblemen, to en­deavour the procuring a New Charter. That Sir Thomas Cooke was apprehensive that it stuck with the Duke of Leeds, had told him, this Deponent, that some way must be [...]ou [...]d 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 he told Mr. Bates he thought a Present would be made of 2 or 3000 l. Mr. Bates told him 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 [Page 11] time he said more was offered by our side, and at last said that 5000 l. 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 Cooke with this Proposal, 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 imployed for nothing; on which this Depo­nent was forc'd to go back to Sir Thomas Cooke for new Ordess; and so 500 Guinea's were given to him be­sides. 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 speaking on the other side. That he, this Deponent, did except against this, because he could 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 two or three thousand Guineas, and Bates 500 Guineas to himself. He this Deponent 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 Basil produced a Copy of Mr. Bates's Receipt for a Note of 30 [...]0 Guinea's, 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 Counter­note for 25 [...]0 Guineas.

Thot after the first Chatter 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; for the time the Notes were given we had free access to my Lord President, and found him easie 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 Alterati­on, 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.

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 Dep [...]nent, It was a mistake: that he had brought in [...]d, which accord­ing to the computation, came to the same sum.

That when this Deponent told him, that Sir Tho. Cooke 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 5 [...] Gui­neas were left at his House by Mr. [...]i [...]e, a Friend of Sir John Trevor's, who said he brought it from Sir John Trevor, to whom Sir Thomas Co [...] 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, thi [...] Deponent, was present when Sir Tho. Cooke gave it: And [...]e was at another time 200 Guineas ord [...]red [...] [...]e gi­ven to him the said Sir John Trevor as a New Years-Gift, by Sir Joseph Hern.

That as to 20000 of the 30000 l. before menti­oned, the sums were not actually paid till since [...]y- [...]y; and to the other 10000 l. he hath it now in stock in the East-India Company.

That as to 5000 l. part of the said 30000 l. he did design one third thereof to Sir Ed. S [...], 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 d [...] to med­dle with the stock, but would do any service they could to promote getting the Charter.

Sir Edward S [...]ymour 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, an Act would be worth 10000 l. among them.

That he, this Deponent, did intend a distribution of all the 3000 [...] l. in manner following, viz.

To Sir Edward Seymour, Sir John Trevor and Mr. Guy 10000 l. in case the Charter and Act of Parliament passed; to the Merchants interlopers 10000 l. and to himself 10000 l.

That he, this Deponent, thought himself oblig'd in honour to pay the two thirds of the 5000 l. when received, to Sir John Trevor and Mr. Guy, the other third he intended for Sir Edward Se [...]mour, he kept for him self.

Sir John Trevor did some time afterwards give this Deponent some hints of his expectation.

Mr. Acton delivered in an Account in writing of the Persons among whom he had distributed several Sums of Money, which Account is here­unto ann [...]xed.

HE saith Mr. Wallis had a sum of money given him, which is included in Craggs's money, in his Account mentioned.

Several Gentlemen of the Committee of the E [...]st-India [Page 12] 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 Jesias 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 may do service to the Company in Parliament, because of his Acquaint­ance; That he did Recommend, that a Present of of 50000 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 setling the Com­pany; That Mr. Tyson told him the King would not meddle in that mattet.

That he knew nothing of the 40000 l. paid to Sir Basil Firebrace; says, there was a kind of a Commit­tee of 25 Persons that sate 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. Atwel produc'd his Cash-books, by which it ap­pear'd that,

  l.s.d.
9th Octob. 1693.Mr. Bates had received54563
10th October 218150
16th November 3275  

And said the money was paid by Order of Sir Thomas Cooke.

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 Basil Firebrace, were brought to him by Monsieur Robart, on Tuesday morn­ing last, 8 of the clock.

Mr. Tyson being examined, said, That Sir Thomas Cooke and Sir Josias Child, gave him a Note under their hands for 50000 l. 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 of 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 deny'd he had so done, saying, 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 l. offered his Majesty, was included in the sum charged upon Sir Tho. Cooke, being before the date of any Or­ders for that money.

Mr. Craggs being examined, gave in an Account how he had disposed and applied 4540 l. with which he was charged by Mr. Acton; which Account is here­unto annexed. He denies that ever he paid any money to any Members of Parliament.

1693.Sir Basil Firebrace,Debitor.
   l.s.d.
January23.To Cash paid Mr. Allen2900  
Februar.26.To Ditto 50 G.55  
1694. Apr.5.To ditto Mr. A. Wilme [...] 20004250  
  Sir Fra. Child 22504250  
 6.To Sir John Lowther11084
 11.To Cash5544
 19.To ditto5542
May5.To ditto part of a Note May 4th25  
 16.To ditto175  
June6.To ditto Mr. Ar. Shallet400  
Octob.22.To Jos. and Nat. Horneby1000  
Dec.21.To cash Child 800 per Notes1200  
  Coggs 400 per Notes1200  
 29.To ditto1300  
Jan.2.To ditto part Decemb. 29.1100  
 5.To ditto50  
 7.To ditto40  
 19.To ditto30  
 24.To ditto50  
  To Ben. Skinner50  
Feb.5.To Cash10  
 9.To ditto20  
 28.To Cash Mr. John Cooke2666134
March4.To Ditto6210 
 9.To Sir Nicho. Butler119319 
1695. April5.To Cash6210 
 23.To Ditto Mr. Atwell and Co.5500  
 24.To Ditto by Mr. John Cooke, Mr. Hornby5000  
Robert Fowle.
Per Contra.
   l.s.d.
Decemb.19.By Cash received,10000  
January3.By ditto,5000  
  By ditto,5000  
1694. May24.By ditto,425  
Decemb.29.By ditto,
  • 1100
  • 200
1300  
January7.By ditto,2584131
 16.By ditto,3280  
 25.By ditto, 100 G.110  
Robert Fowle.

26. April 1695. The Receipt then pro­duced by Sir Bazil Firebrace.

I Charles Bates of Westminster, Esq; do hereby acknow­ledg to have received of Sir Thomas Cooke, of Lon­don, Knt. one Note signed by William Atwell, for him­self and Compartner, dated the 8th Instant, and payable to my self for 3000 Guinea's, which I promise not to receive or alter the property of, till such time as the Cha [...]ter, 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 my self, my Executors and Admini­strators covenant and agree to and with the said Sir Tho. Cooke 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 Mony mentioned in the said Note to remain to me without further account for the same, witness my Hand this ninth day of September, 1693.

Charles Bates.
Witness B. St.

Mr. Actons Account read, 26. April 1695.

 l.s.d.
To Mr. James Crags,4540  
To Collonel Goldwell,1000  
To Mr. Cupper,103  
To Mr. James Cresset,200  
To Mr. Killigrew,50  
To Corronet Deene,50  
To Mr. Tho. Lloyd,350  
To Mr. Edward Ridley,500  
To Mr. Tho. Pullen,50  
To Corronet Ph. Darcy,300  
To Mr. Edward Roberts,200  
To Mr. Paul Duckmenee,500  
To Corronet Vaughan,150  
To [...]es in two Sessions,1300  
To my self for advancing Mo­ [...] and Interest and Gratuity.2000  
 11293  

Whereas this Court by their Order of the 20th of December last, did empower us to meet, and [...]rther to consider of the matters to us referred by their Or­der of the 14th of November preceding; we have in pursuance of the said Order inspected into the Com­panies Affairs, and do report as followeth.

1. Upon Examination of the Companies Cash-Book, we find that the Ballance of the 30th of October 1694. was 124249 l. 15 s. 10 d. and demanding of Mr. Port­mans, the Cashire, if he had the same in Cash, he re­plied he had not, but instead thereof laid before us in writing on the 22d of November, 1694. the follow­ing particulars, viz.

 90000  Lent upon Sir Tho. Cookes Note.
 28634  By Notes on Receipts given by Mr. Atwell and Company.
 6065  By Notes from several Persons taken by Sir Tho. Cookes Order.
 15501510By several small sums.
Making1242491510Which makes the above-men­tioned ballance.

And upon farther and more particular Examinati­on why that 90000 l. was standing out, Mr. Port­mans produces the then Governour Sir Tho. Cookes Note, in haec verba.

REceiv'd the 10th of January 1692/4. of Mr. Edmund Portmans for account of the East India Company 90000 l. which I have disburst and paid for 99197 l. East India Stock for their account, which I promise to be ac­countable for account of the East India Company, and was by Order of Court, the 24th of November, 1693.

Per Thomas Cooke.

That Order of Court is in the words following.

It is Ordered that the Cashire General do from time to time make payment of such sums of Mony for carrying on of the Companies Service, as the Gover­nour shall direct, pursuant to the sence of the present Debate.

But we find no Entries or mention in the Courts Books or elsewhere what that Debate was, and how far the said Order tends to the buying a Stock, we submit to the Judgment of this Court.

And whereas it is alledged by Sir Tho. Cock, that for the 90000 l. aforesaid there was an agreement made the several Subscribers for 99197 l. on or be­fore the 10th day of January 189 [...]. yet we do not find to this hour any Warrant for the said sum, or any of that Stock transferred in the Companies Books for their Account, excepting 18300 l. stock on the 16th of January last, for which the Company have paid 10200 l. which is charged to his Account. And we [Page 14] are further informed, that 24000 l. of the said Stock was resold at 74 l. per Cent. And we do likewise find, that there is an Order of the Court of Com­mittes dated the 9th of November last, made upon a Report from the Committees of the Treasury; so much of which Report and Order as relates to the said Stock follows in haec Verba.

On reading a Report from the Committee of the Treasury touching the Accounts of the Deputy Go­vernour, referred to them by Order of Court of the 26th of October last, which follows in haec Verba, viz.

We find, that admitting the 99000 l. Stock as the Court seemed to approve to be for the Companies Account in the sum of 90000 l. there will be due from the Company to Sir Thomas Cooke about 73000 l. to compleat the monies disburst for the Investment of Cadiz; and according to the determination of the last Court, we went to Sir Josia Child, who declared that he never heard of the sale of the 24000 l. Stock until about the time it was mentioned to the Court; but as to his own Concern, he is willing to submit to the loss in that sale, considering the necessity he al­leadged by Sir Thomas Cooke for want of Mony.

As to the Remainder of that Stook, being 75000 l. Stock, Sir Thomas Cooke declares it is engaged to seve­ral Persons for Monies taken up to supply the disburse­ments above-mentioned; which when the same is paid to him, he will be answerable for the said Stock.

The Court approved of the Disbursements made by the Deputy Governour, and of the 24000 l. Stock by him sold, for the reasons therein mentioned.

Which Appro [...]tion being so many Months post factum, the Conside [...]ation thereof we likewise submit to this Court.

2. We find that the sum of 30000 l. is brought into the Companies Cash Book the 31th of March, 1694. after the Cash Book was cast up, in these words.

By Sir Thomas Cooke paid him on this Note accord­ing to an Order of Court of the 24th of November last.

The Receipt whereof, without a Warrant, is ac­knowledged by the said Sir Thomas Cooke, and remains in Mr. Portmans Hands in the words following.

REceiv'd the 31th of March 1694. of Mr. Edmund Portmans for the Account of the Honourable East-India Company the sum of 30000 l. which I promise to be accountable for, with Interest for the same, being for several sums advanced to several Persons, witness my Hand the Day and Year above written.

Per Tomas Cooke.

Notwithstanding which, we find the said Sum of 30000 l. carried to the Companies Debt in Charges General, and the Journal parcel of that Entry, erased, by which it plainly appears to us, that the said Jour­nal parcel of that date, was altered, and this Sum of 30000 l. introduced some time after. Besides we find the Account of Charges General stands ballanced and carried to profit and loss, with this 30000 l. in­cluded; but Mr. Thoroughgood, the Book-keeper, did declare upon Oath the 21th of February 1694. that the passing of this 30000 l. was an error of his; and coming to lay the Account of Charges General be­fore Sir Thomas Cooke in November last, the Error was discovered by Sir Thomas Cooke, who gave him Orders to withdraw it from thence, and to place it to his own Account, which is now done; but the said proceeding between Sir Thomas Cooke and Mr. Thoroughgood was not made known to us, till we discovered the same in the Book. We further observe, that the said sum of 3 [...]000 l. is taken out of the Companies Cash without a Warrant, under pretence of the afore-mentioned Order of the 24th of November 1693. which we sub­mit to the Consideration of this Court.

3. We further find the Sum of L' 9000 l. Stock de­clared to be bought for the Company by Sir Bazil Fire­brace, which cost 8520 l. as by the following particu­lars.

December 5. 1693.Of Alvaro de Costa, 1000 l.at 95 l. per cent.
 Of Benjamin Levi, 1000 l.at 95
 Of Richard Cock, a 1000 l.at 95
Ditto 6.Of Samuel Ongley, 1000 l.at 95
 Of Sir R. Aynsworth 2000 l.at 95.
22.Of Do. Sir Rowland, 1000 l.at 96
January 4.Of Capt. W. Heath, 1000 l.at 96
Ap. 3. 1694.Of George Jarvis, 500 l.at 90
6.Of Peter Monger, 500 l.at 90
 L' 9 [...]00 amounts to8520

As also a Sum of 7828l. 13 s. 1 d. including Interest and Charges thereon for Guinea's given out to have the refusal of Stock at high Rates, and transacted with­out any Order from the Court of Committees for the same, to the great damage and dishonour of the Com­pany. In the examination of the said matter, we do find that the Contracts upon the Guinea's given out as aforesaid, were made in the Names of Private Per­sons, and not Members of the Company; that in those Contracts no such Provision was made as might Entitle the Company to the Benefit, had any arisen by the same; but on the contrary, the said Con­tracts were never made known to the Court of Com­mittees, until some Months after the expiration of the time; so that if there had arisen any profit upon them, they might then have been applied to his proper Ac­count who had the negotiating of them; in conside­ration whereof it appeared to us, that those Contracts did no way concern or oblige the Company; and un­derstanding [Page 15] that the Committee of the Treasury had made a Report of the 9th of November, disallowing the same, the Clause whereof follows in haec verba, viz.

As to the Disbursements pretended to by Sir Bazil Firebrace for Guinea's given out to have the Refusal of Stock at a certain time, and the Monies paid for Stock bought, Sir Josia Child doth declare he never was privy to any such Negotiation till very lately, nor doth he nor our selves find any ground for such an Authority given to him by the Court, whereby to lay the loss upon the Companies Stock, and therefore we can give no other Report thereupon, but refer it back to the Court.

And also being inform'd that the Mony was not actually paid the 19th of November, we did, as we apprehended it our Duties to do in behalf of the Ge­neral Joint-stock, use our endeavours as much as in us lay, to prevent the payment of the said Mony, by giving the following Intimation in writing to the Companies Officers, which was produced to the Court of Committees, viz.

In pursuance to an Order of the General Court of Adventurers, for the General Joint-stock to the East-Indies, dated the 14th of November 1694. empower­ing us to inspect into the Affairs of the General Joint-stock, under the management of the Court of Committees, whereof several Transactions that have been had therein for the satisfaction of the Adven­turers; and whereas upoo the consideration had of the same, Information hath been given us, that there is the sum of 16348 l. 13 s. 1 d. demanded by Sir Ba­zil Firebrace for Guinea's given out upon Contracts for Stock, and for Stock bought, and an Order of the Court of Committees for payment of the same; which Disbursement is in our Opinion Irregu­lar, being done without Order, and the Order for payment thereof is also irregular, being post factum: We therefore agreeing unanimously that it ought not to be allowed without the Appro­bation first had of a General Court, have thought fitting in behalf of the said Court to signifie unto their Accountant General, that he shall not make out any Warrant for and to the Committee of the Treasury and the Cashire General, that they shall not pay the said sum of 16348 l. 13 s. 1 d. or any part thereof, or affix the Companies Seal to any Bill or Bills to that purpose, till the Pleasure of the said General Court be first known.

Given under our Hands this 19th of November 1694
  • Nath. Tench.
  • Jeremy Sambrook.
  • Ben. Bathurst.
  • [...] Fawkoner.
  • John Ward.
  • Edward Rudge.
  • Robert Marshall.
  • George Bonn.
  • Isaac Houblon.

Notwithstanding which Report of the Committee of the Treasury and Intimation aforesaid, yet the aid Committee were pleased to approve of the said Contracts post factum, by an Order of theirs of the 9th of November last, in the words following.

And as to the demands of Sir Bazil Firebrace, a­mounting to 16866 l. 9 s. 8 d. the particulars where­of are under mentioned.

Sir Tho. Cooke is Debtor to Sir Bazill Firebrace, For Account of the East-India Company.
1693. For Praemio of Refusal of Stock at 6 Months.
Of 32000 l. by Abraham Willmer.
Of 29750 l. by John Barksdale.
Of 1800 l. by Jacob Marsham,
Of 7500 l. by Jasia Davis.
71050 l.
As by the several particulars amount­ing to7110140
For 9000 l. Stock bought of divers Persons, as per particular,8520  
11. Septemb. 1694. For Interest to this day of the abovesaid Payments, as per particular,517167
For Brokeage of 8 [...]50 l. at ¼ per cent. L'200026
 16348131
Gratuity517167
 16866098

The same being now taken into serious debate, and Sir Bazill Firebrace affirming that the whole Transacti­ons of that Affair, and the Persons managing the same, were by particular Order of Sir Thomas Cooke, the then Governour, wherewith he was frequently made acquainted, and that Sir Bazil had no particular Interest in or Advantage thereby; and the Governour declaring that he was made acquainted therewith six Month ago, and importuned by Sir Bazil Firebrace that the said Account might be advised by the Depu­ty Governour on consideration thereof had, the Court thought fit to allow of the said Account ex­cepting the L' 517 l. 16 s. 7 d. therein demanded for a gratuity, and ordered that a Warrant be made out for the same, Sir Bazill first transferring the 9000 l. un­to the Secretary for the Companis use.

And also were pleased to sign Warrants for pay­ment of the said Mony, which accordingly [...]as done, viz. L' 7828 l. 13 s. 1 d. the 7th of December, and 8520 l. the 4th of January, making in all 16348 l. 13 s. 1 d. which we likewise submit to the considerati­on of this Court.

4. We farther find several Contracts are said to be made by Sir Thomas Cooke, and Sir Bazil Firebrace and Sir Joseph Herne, for stock, to the value of L' 67385 l. 19 s. 6 d. viz. L' 34342 l. 9 s. 6 d by Sir Thomas, and 2843 l. 10 s. by Sir Bazil, and 5000 l. by Sir Joseph Herne for the Companies Account, to be put upon [Page 16] them at 100 l. per cent. at any time before the 10th of January last, the which Stock now stands transfer­red in the Companies Books, to Mr. Secretary Black­bourns for their Account, by which they are like to be great Losers; yet we find the same to be allowed of by an Order of Court of the 26th of October last, in haec verba, viz.

The Deputy Governour representing to the Court, that himself and Sir Bazill Firebrace had for the en­couragement of the late Subscriptions entred into Bonds to several Persons for accepting of stock, to the value of 65267 l. 10 s. in December and January next at 100 l. per cent if demanded of them, viz. 37222 l. thereof by the Deputy Governour, and 28043 l. 10 s. by Sir Bazil Firebrace, the whole ha­ving been subscribed and paid in, and no part there­of on either of their Accounts; and desiring they might be Indempnified for what loss should acrue thereon if any; the Court declared they should be Indempnified accordingly under the Companies Seal, if required.

And altho the said Contracts, as we are informed, were given up at the sealing of the Bonds for the Mony; yet when we demanded a view of them, to see what consideration and other terms of Agreement, we found them supprest, excepting only those made by Sir Thomas Cooke; and as Mr. Portmans said, were delivered into the Hands of Sir Bazil Firebrace, not­withstanding the Order of Court of the 4th of Janu­ary last, which refers it to the Committee of the Treasury to direct the taking up of the Engagements of the Deputy Governour and Sir Bazill Firebrace; so that we are deprived of giving the Court such an Ac­count of this Article as is necessary; only this we know, that Consideration was allowed for some of them, and not accounted for to the Company, which we likewise submit to the considertion of this Court.

5. We find upon the Companies Account of Charges General, paid out of the Cash, viz.

In June 1688L' 10791202Sir Benjamin Bathurst Governour. Sir Josia Child Deputy.
January2050104
December 1689.4000000
January5460006
August 1690.L' 3140808
 L' 3690000
together22301400
August 1690L' 3140808Sir Joseph Hern Governoor. Sir Tho. Cooke Deputy
 L' 3690608
January8711304
February11741000
April 1691.5950800
May4500000
October4351608
 5451608
January10730608
March36521000
together135320902
April 1692.22500000Sir Tho. Cooke Governour. Mr. Tyson Deputy.
 24091504
March 1693.20000000
May222750000
October10911304
November249830000
January300000000
March23930907
together874021203
 L' 1031651505

Of the disposal of which Mony we have been able to obtain no further Account, than that the same is made paid in the Companies Books in General Terms for Special Service; and that great part thereof was, as we are informed, put into the Hands of Sir Bazill Firebrace: But the most material Orders of Court that appear to us to relate to the greatest sums, are as followeth.

At a Court of Committees holden the 13th of April 1693.

THe Governour this day acquainting the Court with what proceedings had been made in their Affairs towards granting a New Charter, and with what had [Page 17] been disbursed by him in prosecution thereof, the Court approved of the said Charges, and ordered a Warrant to be made out for the same,L' 22275. returning him thanks for his great care, pains and trouble in their Service, desiring him to proceed in the perfecting thereof.

The 24th of November, 1693.

THe Governour this day making a Representation of what Sums of Mony had been by him of late disbursed in the management and carrying on of the Companies Affairs for their Service;L' 24983. the Court approved thereof, and or­dered that a Warrant be made out for making the same paid in Cash accordingly, giving him their thanks for his great care and pains taken therein.

The 22th of January, 1693.

IT being represented to the Court, that in the further prosecution of their Affairs, and in order to their Settlement, there has been several sums of Mony disbursed,L' 30000. amounting to 30000 l. the particulars thereof were now laid before them. On consideration thereof had, it is ordered that the said Mony be made paid in Cash, and that a Warrant be made out accordingly.

6thly, We do also think fit to lay before this Court a brief state of Sir Thomas Cooke's Account, as it oc­curs to us, and is as followeth.

That the said Sir Thomas Cooke was indebted to the Company before the Transfer of 18300 l. Stock the 16th of January last, and mentioned in this Report, as near as we can compute, the sum of 69400 l. with­out any Interest charged, which we conceive will be very considerable.

But if the said 18300 l. Stock at ninety per cent. amounting to 16470 l. should be allowed by this Court (which we do refer to their serious consideration) then there will yet remain due to the Company from the said Sir Tho. Cooke the sum of 52930 l. without any Interest charged, as before. All which is never­theless submitted to the further consideration of this Court.

Dated at the East-India House the 12th of March, 1694.
  • Nat. Tench.
  • Will. Falkner.
  • Jno Ward.
  • Jeremiah Sambroke.
  • Edward Rudge.
  • Ro Marshall.
  • Benjamin Bathurst.
  • Isaac Houblon.
  • George Bonne.

We the Persons hereunder subscribed, do hold ou­selves obliged, in pursuance of the Orders of the Ge­neral Court of the 14th of November and 20th of December, further to Report as followeth.

We find that the Month of September 1690. Sir Joseph Herne being Governour, and Sir Tho. Cooke Deputy, there was a Contract made by Mr. Robert Wooley in behalf of the said Governour and Deputy and others, for all the Companies Pepper, which they then had by them at 11 d. ¼ per pound, for Mallabar and Jambe Pepper 10 d. 2/4 per pound, for the Billiapatam, and for all that should arrive betwixt that and the 11th day of March following; and that in December after the Contract, the Parliament did put 3 d. a pound as a new Duty upon all Pepper that should arrive: By which Act the said 3 d. a pound was all to be paid back again upon the Exportation; and that in Janu­ary following the Ship Chandois did arrive with 117000 weight of Pepper; upon notice whereof, in February following, Mr. Robert Wooley, the Broker, came before the Court of Committees, and demanded the said Pepper at the price agreed on in his former Contract; who being withdrawn, the Court debated whether he should be obliged to deliver it before they were as­sured they should receive satisfaction for the 3 d. a pound; and upon promise of the then Governour and Deputy, who were Parties concerned in the Con­tract, that they should receive satisfaction for the same, the Court did agree to the delivery of it; which said 3 d. a pound is not made good to the Com­pany, and is to their damage about the sum of 1400 l.

We find a Contract bearing date the 28th of Fe­bruary 1693. for 200 Tuns of Salt Peter, to be brought home in the Ship Seymour from India, to pay the sum of 12000 l. for the same, and 25 l. per Tun freight to the Owners of the Ships, besides all charges here, 2000 l. (part of the said 12 00 l.) which was the sum sent out to purchace the Salt Peter, is actually paid out of the Companies Cash, and a Bond for the remaining 110 [...]0 l. is given under their Seal, payable the 31th of March next, whether the Ship arrive in safety or not; with this Limitation on­ly, that if 200 Tuns of Petre be not laden upon the said Ship, then to repay in proportion to the want thereof: So that the result of this Contract is this, the Company run the Adventure of 12000 l. for that which costs only 2000 l. and must consequently lose 120 [...]0 l. if the Ship miscarry; and on the contrary, the Seller on the other side gets 10 00 l. clear, without dis­bursing or running the hazard of one penny: and what is yet more, as certain a loss of 9 or 10000 l. will attend it if the Ship arrive in safety. All which nevertheless is submitted to the further consideration of this Court.

Dated at the East-India House, the 12th of March, 1694.
  • Nathaniel Tench.
  • William Fawkner.
  • Jo. Ward.
  • Jeremiah Sambrook.
  • Edward Rudge.
  • Ro. Marshall.
[Page 18]

This Report when given into the General Court, was also signed by Sir Bejamin Bathurst and Isaac Houblon.

An Account of the Disposal of 4540 l. which I received of Mr. Acton, which was disbursed in the manner follow­ing.

 l.s.d.
TO Mr. William Wallis for his Sollicitation and Encouragement to engage in the Companies Stock and Interest.115000
To Mr. Chudleigh for his Pains and Sollicitation.10000
To Mr. Ridley, which was all or the greatest part given to Mr. Ferguson to the best of my Remembrance.10400
To Mr. Darcey 50 Guinea's in part for his Solliciting and Application in the Companies Affairs.5400
To Mr. Roberts in part for the same.5400
More in Expences for the year 1692.39000
More in Expences for the year 1693.46000
More in Expences for the year 1694.41000
More for Encouragement of my Friends and Self to subscribe 7000 l.35000
More for my own Pains and Sollici­tations in the Companies Affairs to pre­vent a New Settlement, and endeavour­ing to Establish the Old East-India Com­pany.146800
In all454000
Jam. Crags.

ARTICLES of IMPEACHMENT AGAINST Thomas Duke of Leeds, Lord President. Brought up the 29th of April, 1695.

ARticles 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 Guinea's to procure the said Charter of Confirmation, and also a Charter of Regulations, or to use his endeavours to obtain the same.

2. That in pursuance of such currupt 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 [Page 19] Securities, whereby he or they were empowred to re­ceive the said five thousand five hundred Guinea's, upon the passing of the said Charters.

3. That soon after the passing of the said Charter of Confirmation, the sum of two thousand five hun­dred Guinea's, part of the said five thousand five hun­dred Guinea's; and soon after the passing of the said Charter of Regulations, the further sum of three thousand Guinea's, other part of the said five thou­said five hundred Guinea's, 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 said Answer that the said Duke of Leeds shall make unto the said Articles, or any of them; or of offering Proof of the Premisses, 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 Punishments as the same shall deserve; And that such Proceedings, Examinations, Trials and Judgments may be upon every of them had and used, as is agreeable to Law and Justice.

The Answer of Thomas Duke of Leeds to the Articles of Impeachment exhi­bited against him by the Knights, Citizens and Burgesses in Parliament Assembled.

April 30. 1695.

THis Defendant saving to himself all Advantages of Exceptions to the said Articles, humbly saith, that he is not guilty of all or any the Matters by the said Ar­ticles charged in manner and form as the same are by the said Articles charged against him.

A Paper delivered at the Conference de­sired by the Commons the 3d of May, 1695.

THat the Commons will make good the Charge against the Duke of Leeds, in manner and form as in the Articles mentioned. And that the Com­mittee, who were appointed to draw the said Articles, have been daily employed in looking into Evidence against the said Duke; And that in the Preparation of that Evidence they meet with an Obstruction, that Monsieur Robart, who appeared by the Depositions before the Committee of both Houses to be a materi­al Witness, is withdrawn since the Impeachment car­ried up, which hath been the reason that the Com­mons have not yet acquainted your Lordships when they can be ready to make good the said Impeach­ment; The Commons being desirous that Justice be done without any manner of Delay.

FINIS.

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