Anno 7 Will. JointCommittee cealed which may any way tend to the Juftification of the noble Lord concerned, and for the Reasons aforefaid, we proteft against this Vote, not being able to fatisfy ourselves, that this High Court of Honour and Judicature had no juft Grounds to pafs fome Cenfure on the Marquis of Normanby, upon the Evidence given to this Houfe, on the Matters of the Convex Lights and City-Lease. Manchester, Torrington, Cholmondeley, Effex, Stamford, Aylefbury, Monmouth. But the most remarkable Tranfaction of this Seffion was of both Houfes the Enquiry into Abufes and Corruptions, which began in to enquire into the House of Commons before Chriftmas, and was afterwards Abufes and Cor carried on by a joint Committee of both Houses; the Proruptions. ceedings of which, and Conferences thereon, &c. are to be found in CHANDLER's Hift. Anno 7 W. III. 1695, P. 447, and 459, &c. * 'Tis, however, neceffary to add in this Place fuch Particulars as occurr'd, on this Head, in the House of Peers, viz. A Bill to indemnify Sir Thomas Cooke, Governor of the EastIndia Company, from any Matters against himself arifing from his own Evidence, in regard to the Difpofal of Monies for procuring the Renewal of the Charter of the EastIndia Company, being fent up from the Commons to the Duke of Leeds. Lords, the Duke of Leeds, Lord Prefident of the Council, fpoke vehemently against it, and introduced what he was about to fay with a most folemn Proteftation of his Cleanness and Innocence; and, laying his Hand on his Breast, declared, upon his Faith and Honour, That he was perfectly difinterested, and had no Part or Concern in this Matter, and therefore might the better appear against it;' which he did, expreffing great Abhorrence of the Bill. Meffage to the la ing thereto, Sir Thomas Cooke heard by the Lords. Upon Saturday the 13th of April their Lordships fent a Meffage to the House of Commons, that they having under their Confideration a Bill to oblige Sir Thomas Cooke to account, &c. do defire Sir Thomas Cooke (a Member of the House of Commons, and now a Prifoner in the Tower) may be permitted and ordered to appear at the Bar of the Lords House, when defired; and thereupon the House of Commons ordered that he do attend the Lords as defired, and that Mr. Speaker iffue his Warrant to that purpose. Sir Thomas Cooke being brought upon his Petition to the Bar of the Lords, he declared himself ready and very willing to * Sir Thomas Osborne, created Baron of Kiveton and Viscount Latimer, by King Charles II. August 15, 1673, and Earl of Danby, June 27, 1674, Marquifs of Carmarthen by King William, April 20, 1689, and Duke of Leeds, April 30, 1694. ́See Proceedings against him as Earl of Danby, Page 225. to make a full Discovery; and faid, he had done it before, in the House of Commons, if he could have obtained there an indemnifying Vote; and that their denying it him had occafioned his appearing before their Lordships in that manner : He bemoaned himself (weeping) that he was not indemnified at that Inftant, fo that he might just then make the Discovery which was expected, and which he was fo defirous to make. Thereupon it was demanded of him, what he would be indemnified from? He answered, All Actions and Suits, except from the Eaft India Company, whom, if he had injured, he would be bound to undergo the greatest Rigour. He also faid, he defired to be indemnified from Scandalums. It was ask'd C him, whether he meant Scandalum magnatum? He faid, Yes. Annó 7 Will, He being withdrawn, the Duke of Leeds stood up, and de- Duke of Leeds's clared, He was very glad that Gentleman was come to fuch Motion that he fhould a Temper, as to be willing to discover, whereby that Bill the Peers upon was prevented, which his Lordship esteemed to be of fo per- Oath. nicious a Nature. His Grace minded their Lordships how the Commons took care of the Reputation of their House, in afking Sir Thomas Cooke whether he had diftributed any Money among any of their Members, who purg'd them by a folemn Protestation, that he had not; his Lordship thinks it reasonable the Lords fhould have fome regard to themfelves, and therefore moved that Sir Thomas Cooke might be called in and asked, Whether he were willing upon Oath to purge all those who fat there? But this was not received. ap purge Over-rul'd. After this the Lords came to a Refolution, that the Bill fent up from the Commons, to oblige Sir Thomas Cooke to give an Account, &c. fhould not be proceeded upon, but pointed a Committee to draw up a Bill to indemnify him. That Committee being withdrawn, and having made fome A qualifying Progrefs, Notice came from Sir Thomas Cooke (by a Reverend Meffage from Prelate who appeared zealous for him) to this purpose, That Sir T. Cooke, he was afraid he might be misapprehended as to what he said concerning a Discovery, in that he said he was willing and ready; but by ready he meant no more but willing; and that he should need at least four Months to make the Difcovery he promised. This was highly refented by fome of the Lords of the Com- Which gives mittee, who immediately moved that the Committee might Offence. rife and report to the Houfe this fresh Matter, and the trifling and prevaricating of Sir Thomas Cooke, fo that the Bill defigned to oblige him to give an Account might now procced. Some Lords mollified this, and having taken up fome time in fpeaking; in the mean while Sir Thomas Cooke begging a favourable Treatment, engaged to discover within a Fort night, Anno 7 Will night: He was called in more than ouce, and at last agreed to the time allowed by the Bill, viz. feven Days. III. 195 Bill to indemnify him. Both Houses at last agreed on a Bill which was in Effect as follows: The Preamble fets forth, that it appears by the Books of the Eaft India Company, that Sir Thomas Cooke, Kt. in 1693, being Governor of the Company, did receive out of their Stock and Treasure 772587. and also 90000 1. And that a true Difcovery of the Distribution of those Sums is neceffary to the vindicating the Juftice and Honour of the Government, and that Sir Thomas Cooke hath voluntarily offered to make fuch Discovery to as he may be indemnified. It is enacted, That if Sir Thomas Cooke, on or before the 23d Day of April, 1695, do make a true and fuil Discovery upon Oath before a Committee of the Lords and Commons, how and in what manner, and to what Perfon or Persons, and to what particular Ufes, Intent and Purposes, and on what Account the faid 90000l. and the Sum of 67000l. part of the faid 772587 have been diftributed, then he shall not, by reafon of fuch Difcovery, be liable to any Action of any Person other than the Eaft-India Company; and fhall be and is pardoned and indemnified for any Crime in the Distribution or Application of the faid Money to any Perfon other than to himself. And it is further enacted, That the faid Sir Thomas Cooke shall, on or before the first of September, 1695, either discharge himfelf upon Oath to the Commiffioners for ftating and taking the public Accounts, of the Sum of 10258 1. Refidue of the faid 772584, or discover to them upon Oath how and in what manner, and to what Perfon or Perfons, and to what Ufes, Intent and Purposes, and on what Account the said Sum of 10258. hath been distributed or made use of; and in fuch Cafe he fhall not, by reafon of fuch Discovery or discharging himself upon Oath, be liable to any Action, &c. other than the faid Company, and is declared pardoned for any Crime he may be guilty of in the Distribution or Disposal of the fame to any Perfon other than to himself; provided, that if he fhall not, on or before the faid 23d of April, make such true and full Discovery, that then he shall from thenceforth continue a Prisoner in the Tower, until he shall have made fuch true and full Discovery upon Oath before the Commiffioners for taking the Public Accounts.' The Confequence of this Act was the joint Committee before fpoken of, before whom Mr. Bates, a Retainer to the Duke of Leeds, and Sir Bafil Firebrace, read the following Depofitions. of Mr. Bates, April the 26th, At the Committee of both Houses in the. Anno 7 Will. Exchequer Chamber. Mr. Dates had been fummoned to ap-111. 1695. pear the preceding Day, and was feen going thro' Weftmin fer-Hall between five and fix at Night, yet could not be The Depofition found, tho' the Lords fent Meffengers to look for him with respect to Upon which their Lordships ordered him to be taken into the Duke of Cuftody; and being now fworn and examined, he depofeth, Leeds. That Sir Bafil Firebrace did apply himself to him to use his Intereft for obtaining a Charter for the East India Compauy, 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 ufe his Interest with the LordPrefident, who faid, He would do what Service he could: And further faith, that the Lord-Prefident had delivered his Opinion publicly for confirming the Charter, and thought the Forfeiture an Hardship. That the Lord-Prefident had often fhewed himself his Friend.' That he received three Notes for 5500 Guineas in the whole: That he fent a Servant to receive the Money, but can't fay the Time: That he told the Lord Prefident what Sum he had, and would have paffed it upon my Lord, but he refufed it. Whereupon this Deponent, in regard he could not very well tell Money himself, did ask Leave of my Lord that his Servant might tell the Money. To which my Lord answered, He gave Leave; and accordingly Monfieur Robart did receive the Money. • That he had not the Notes till after one Charter passed; but he faith, that the Notes were given altogether at one time, and that he, this Deponent, gave no Counter-notes when he received them; but afterwards, he being examined to the fame Matter, was not pofitive that Counter-notes were not given: That he thinks when he had the first Treaty with Sir Bafil Firebrace, that Sir Bafil did fay, he, this Deponent, should have a Sum, and thinks he named a particular Sum. That 500 Guineas were received before June laft, and the other 5000 Guineas afterwards. That the faid Notes were not out of his Poffeffion from the Time he first had them, to the Time he gave them to Monfieur Robart to receive the Money; who, after he had received it, brought the fame to him, which hath remained in his Deponent's Poffeffion in this own House, till he paid 4400 Guineas thereof back again to Sir Bafil, which, as he takes it, was upon Monday or Tuesday last. And being examined again to the fame Matter, faith, That Anno 7 Will. And of Sir Bafil That thefe 4400 Guinea's paid back to Sir Bafil, were in four Bags, with 1100 Guineas in each, brought to him by Robart, within a Month last past. As to the 600 Guineas remaining of the 5000, he at firft faid he had spent the fame; and being afterwards examined to the fame Matter, did fay, they were at Home in his Study; but he may have spent fome. The Reason why he paid back the 4400 Guineas was the Noise that it made, and that People may think that he did not deserve them. That the whole 5500 Guineas were for his own private Ufe, and that he might have given them to his Footman.' Sir Bafil Firebrace depofeth, That the Eaft-India Company's Charter being forfeited, Sir Thomas Cooke and others applied themselves to him, obferving him active, and to have Interest among Noblemen, to endeavour the procuring a new Charter. That Sir Thomas Cooke was apprehenfive that it stuck with the Duke of Leeds, and told him, this Deponent, that fome way must be found out to the Duke. He thereupon applied himself to Mr Bates, who would not pretend to talk with the Duke; but faid, he, the Deponent, must tell him what the Company would do. That he told Mr. Bates he thought a Prefent might be made of 2 or 3000l.. That Mr. Bates told him he went to St. James's, and faid, he had spoke with his Friend; and that more had been offered by the other Side: At another time he said more was offered by one Side; and at last said, that 5000l. had been offered by another Hand on the fame Side: Upon which he, this Deponent, did not come up to the Market. That he acquainted Sir Thomas Cooke with this Proposal, who faid, If it was infifted on, it must be done; and so it was agreed to offer 5000 Guineas. Bates then faid, This was nothing to him, he ought not to be employed for nothing. So this Deponent was forced to go back to Sir Thomas Cooke for new Orders; and fo 500 Guineas were given to him befides. That at firft Bates faid, he would undertake no further than that the Duke fhould not oppose, but be filent, 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 for nothing; and it would reflect upon him if nothing appeared to be done for it. It was then agreed, that if the Duke did act in favour of ths Company, he should have 2 and 3000 Guineas, and Bates 500 Guineas to himself He, this Deponent, would have put off his 500 Guineas to the laft, to engage him to take the more Pains; but Bates faid, his Friend would have him have the 500 Guineas to himself first. Sir |