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12,000l. if the ship miscarry; and, on the contrary, the seiler, on the other hand, gets 10,000l. clear, without disbursing, or running the hazard of, one penny: and what is yet more, a certain loss of 9, or 10,0007, will attend, if the ship ar
rive in safety.
"That the Committee examining the Members of the Company, concerning this State, they own the contract to be true; that the 2,0007. was paid; and the bond given to Mr. Thomas Colston.-About the same time this contract was made, it appeared to this Committee, That so many of the Interlopers as would sell their shares, they had in the Interlopers, to the East-India Company, were allowed their first cost, and 251. per cent. advance: which was done by giving them credit for so much in the East-India books.
"That the Committee finds, sir Samuel Dashwood, sir John Fee, John Perry esq., sir Joseph Herne, sir Tho. Cook, are mentioned to be present at the court of committees, when the Orders above recited were made; But, they being a Members of this house, the Committ: e did not think fit to send for them, in order to their Examination.
"And, upon the whole matter, it appeared to the Committee, That the money issued during the time of sir Joseph Herne, and sir Tho. Cook's government, was disposed of by them for private service; which they have caused to be placed to the Company's account, under the head of Charges-general; of which, the rest of the Committees, who were present at the debate, and making those orders, most of them, except the members of this house, have been examined by the Committee, are not able to give any Account.
"But one of them; viz. sir Benj. Bathurst, said, sir Joseph Herne had the greatest part of the 13,532l. 98. 2d. to dispose of: And sir Benj. Bathurst would have called for an account thereof; but sir Tho. Cook desired he would not: and the Committee of nine, who was to inspect the whole matter, have often called upon sir Tho. Cook to give an Account to whom he has distributed the money he received; to whom he sometimes promised to give an account; but never did: and at another time said, it was not convenient for them to have it; so that the secret of that service, and the placing of that money, lies principally with sir Tho. Cook and sir Jos. Herne.
Cash; and, taking some persons with him discoursed sir Tho. Cook thereof; who said, The 90,000l. he had received was to gratify some persons, in case the Bill should pass.-ir Benj. says, sir Tho. Cook, and sir Bazil Firebrace, made the bargain about Saltpetre; Lut he knew nothing of it till he came into Court.
"Sir Bazil Firebrace being examined, owned, He had received upward of 10,000 l.; of which he has given an Account to the Compauy; which was for buying shares of stock; and of which the Company had allowed: but said, He knew no ground the committee of nine nad to say, That a great part of the other sums were put into his hands.-He owns, he invited several persons to come into the Company; and offered to lay down money for several, and that if they liked it not at the year's end, he would then take it off their hands; and to Members of the house of commons, among others; and gave an Account to the Company of his doing so; who promised to indemnify him.
"Sir Benj. Bathurst being examined, he said, That, finding so great a Sum as 30,000l. | charged for Secret Services, Le had some warın discourse with sir Tho. Cook about it, to know how it was disbursed: but he refused to give him any particulars; and told him, He should remember he was bound, by his oath to the Company, to keep their secrets: To which he answered, He was also bound by oath to be true to the interest of the Company.-Sir Benj. Bathurst further said, That, about April 1694, understanding they were in want of money, he looked into the Cash-Book, which casting up, he found a considerable sum in
Concerning the Accommodation with the Interlopers; the Company had a letter, from the lord Nottingham, that it was the king's pleasure, that they should come to an agreement with the Interlopers; the proposal to whom was, 25. per cent. for bringing in their stock to the Company, and one half of the profit besides; which about one half of the Interlopers accepted; But Mr. Godfrey, and some others, standing upon 30 per cent. Mr. Colston went off with them, and did not come into the Company.
"Mr. Ward said, It was agreed by the Interlopers, That only 2,000l. should be employed in buying of saltpetre; and Mr. Colston was to have the advantage thereof, which, he believes, was not for Mr. Colston himself, but for some other gentlemen: and the original inducement to the leave of the Interlopers going that agreement with Mr. Colston.” Report of corrupt Practices in the procuring the passing of the Orphan's Bill.] The same committee reported, "That having inspected the Chamberlain of London's books, they found an Order of the Common-Council, dated the 24th of Jan. 1693, which nominated and appointed sir Tho. Stamp, sir Fr. Child, sir J. Houblon, and sir Wm. Hedges, knights and aldermen; sir Henry Furnace, Mr. Deputy Avres, Mr. Gilbert Heathcot, Mr. John Johnson, col. Tho. Cuthbert, Mr. Tho. Cudden, Mr. John Harvey, Mr. Daniel Dorville, commoners; or any two of the said aldermen, and four the said commoners, to be a committee, to consider of ways and means for satisfying the Debts due to the Orphans of this city; and to solicit the parliament for a Bill for that purpose: In which it is ordered, That Mr. Chamberlain do, from time to time, issue out and pay all such sums of money as are required by, and necessary for, the said committee for promoting the said service; and the members who serve for this city in parliament, are desired to be assisting to the said committee, as
the blank at first left therein, was filled up with the Speaker's name, before the committee's signed it; because he believed they would not set their hands to a blank: But all the com
there shall be occasion; and Mr. Borret, the
council; and ordering, That Mr. Chamber-mons,
"That the Committee found an Order,
"Sir Francis Child, on his Examination, owned, He had subscribed the Paper of the 12th of Feb. as one of the Committee: But saith, He did not attend the Committee, nor sir Robert Clayton when he attended the Speaker; and could give little account of this matter.'
"In the Chamberlain's Account of Cash, the entry is thus; Paid, the 22nd June, 1694, by order of the Committee appointed by order of Common-council, to consider of ways and means for satisfying the Debts due to the Orphans, and other creditors of the city; and to solicit the parliament for a Bill to that purpose; dated the 12th Feb. last; 1,000 guineas; being paid to the hon. sir John Trevor, knt. Speaker of the hon. house of commons, pursuant to the said Order; which, at 22s. exchange, is 1,100l.'
"Sir Wm. IIedges owned his hand to the Order of the Committee; and that he was at the Committee who agreed this matter: He saith, Mr. Borret, as he thinks, was the person who told the Committee the Bill could not pass, without giving that sum; and though the order was drawn with a blank, yet the discourse at the Committee was, That the Speaker was the person to whom the sum was to be given: he knew noth of the Speaker's being acquainted therewith.
"That the Committee understood, sir Ro- "Mr. Daniel Dorville owned, He had sulbert Clayton was ill, and out of town. They scribed the Order of the Committee: He saith, sent for, and examined, sir James Houblon, That he attending in the lobby, at the house of who said, He refused to sign the Order of the commons, upon account of the Orphans, Mr. Committee, of the 12th Feb. not approving George Finch, merchant, told him, That if thereof: And, being offered a second time, he there were not some guineas given, that Bill refused it again; and abhorred it: But that sir would not go on; and said, 2,000 guineas was Robert Clayton did, on the 22nd June, 1694, necessary to give him, meaning the Speaker, as send for him to come to him; who according- he understood: And that Mr. Borret likewise ly, imagining it was only to meet some alder- declared his opinion, That money must be men, went to him; where he found the Cham-given; and, he believeth, Mr. Borret was the berlain: And, at sir Robert's desire, they went first that moved it in the committee, and named together to the Speaker, to give him thanks for the sum : but after the Committee had agreed his pains about the Orphans Bill; and, as soon thereunto, the Bill going on, Mr. Finch asked, as sir Robert and he had passed a compliment What they had given? Which Mr. Dorville on the Speaker, the Chamberlain pulled out a refused to tell him; but he believes, and unnote or bill, which he delivered the Speaker; derstood, that, before the bill passed, or any which the Speaker took; and presently they all thing material was done in it, the Speaker had took their leave of him, and came away :-Sir notice of the said Order of the Committee, and James Houblon saith, He did not know the approved thereof; but knows not whether by contents of the bill; but the Chamberlain said, Mr. Borret's means, or by what other hand. It was for 1,100.; and that, within two or three days afterwards, the Speaker sent for the money, and had it accordingly; but he placed
"Mr. Thomas Cuddon owned his signing of the Order of the Committee: he saith, The first rise of this matter was, that, having prose
it to account, according to the day he deliver-cuted a Bill for this purpose, in former sessions,
ed the bill; which was the 22nd of June.'
for a long time, without effect, the Committee thought it proper to give this sum to the Speaker, for leave for the Bill to be brought in; and it was signed by the Committer, before the bill was carried into the house; and believes, that the purport of this Order was imparted to the Speaker, before the bill was carried into the house: And further saith, That Mr. Dowse, and Mr. Shepherd, and, he thinks, Mr.
Geo, Finch, persons soliciting for the Orphans, told him, it would cost them as much as it would cost the city.
"Mr. John Harvey owned the signing of the Order; and that in the Committee there was a discourse of several sums to be given, to procure the Bill to pass; some naming 500, others, 1,000, some 2,000 guineas: but he doth not remember any person to be named to receive the same.- -Mr. John Johnson gave the like testimony.-Mr. Gilbert Heathcot said, he was not present at any mecting of the Committee; but that he was the last person that subscribed the order; which he did by the example of those who subscribed before him.-Col. Thomas Cuthbert owned his subscribing the Order; and that he was present at the Committee, where it was agreed to give. 1,000 guineas; but knoweth not the rise or occasion of it, other than the clamour of the Orphans, that the city were close-handed, and thereby had done thiem no good; which, he believes, was the reason why the city did consent to give 1,000 guineas.--Mr. Borret, being examined, owned, He had in the Comunittee given his opinion, That 1,000 guineas should be given to the Speaker: he saith, after the Order was signed, it was kept in his hands for a month, or six weeks, and then delivered back by him to the Committee. Being asked of his belief, whether the Speaker knew of this order before the Bill passed? he saith, He doth believe he did know of it; for he, to satisfy the clamour of the Orphans, had told their agent; who, he believes, had easy access to the Speaker; but that, from the time of signing, to the time of his examination, he had not been with the Speaker, nor sent to him.
and orders, with relation to the said Bill: amongst which payments they find; Feb. 19, Paid Mr. Solicitor-General, for his advice therein, 5 guineas: 21. Paid Mr. Harcourt, by order, 5 guineas. March 23, Paid Mr. Hungerford, chairman of the grand committee, for his pains and service, 20 guineas. Paid Mr. Jodrell, as by his bill, 60l. 98. 6d.' Which Accounts were allowed by the said committee.
"That the Committee understood, That the Orphans, for the procuring of this Bill, had given bond to Mr. Smith and Mr. Ch. Nowis, to allow them 12d. in the pound, when the bill was passed, for their pains and charges in that matter: which contract being made void, in that bill, the court of aldermen were impowered to satisfy them their real expences: upon which they applied themselves to the court of aldermen and got a Petition to be signed by many of the Orphans, That they were willing notwithstanding the act of parliament, they should be allowed 12d. in the pound: And the said Nowis and Smith brought in a Bill to the said committee, of their Charges, amounting to 3,4577. 16s.; but, as was alledged, they pretended to be a great deal more out of purse; by which argument they got subscriptions to the said Petition: in which Bill there is charged, Paid to Mr. Geo. Finch, for carrying on the Act, 1,650l.' And Mr. Dowse said, That Mr. Smith told him they were out of pocket great sums of money upon account of the Orphans bill: And, when he was solicited to subscribe the petition, for their having 12d. in the pound, he would have had them taken 6d. : to which they replied, It would not answer their expectation, for they had been out, in this matter, more than 10,000/.-Mr. Nowis and Mr. Smith, being examined here, did utterly deny, That they had given any money to any member of parliament, on the account of the said Bill, or knew of any to be given: but they were willing to get what they could; having taken a great deal of pains in long soliciting the same. They did say, That notwithstanding they charged 1,650l. to be paid Mr. George Finch, yet they had not paid him any money; but, having delivered up his bond for the 12d. in the pound, they valued his share of the Orphans Debt to amount to that sum.-Mr. George Finch, being examined, did deny to have received any thing from Mr. Nowis or Mr. Smith, or by their order: but saith, That he did apply himself to several of the Orphans for money, upon suggestion that there was ob
"That the Committee found another Order of the Committee nominated by the Commoncouncil, dated the 26th April, 1694, reciting the Order of Common-council, and ordering the Chamberlain to pay to Paul Jodrell esq. the sum of 100 guineas, for his pains and service in assisting to pass the Bill in parliament, for satisfying the Debts of the Orphans, and other creditors of the said city; which was subscribed by most of the members of the said Committee, together with sir James Houblon and deputy Ayres, who refused to sign the other Order of the 12th Feb.: on the back of which was the like Indorsement, That the 100 guineas were paid to Paul Jodrell, esq. the 22nd June, 1694, in the presence of sir Robert Clayton and sir James Houblon: and the payment thereof was entered in the Cham-structions to the bill, which must be removed berlain's Book, the 22nd June, 1694, at 22s. ; by money: and that he did receive 100/. from being 110. The members who subscribed Mr. John Chadwick: 100l. of Mrs. Harvey: that Order owned their hands, and said, it was 100/. of Mr. Scott; 501. of Mr. Herne; and after the Bill was passed. had a promise of 100l. from sir John Smith, which is not yet paid.-That the obstructions he meant was to take off those who petitioned against the duty laid, in the said Act, upon Wines: And, finding the parties concerned to be very many, he did not treat with them; but kept the money to his own use, because he had been at charges in this matter.-He did deny
"That the Committee found in the Chamberlain's Books the several payments following, to Mr. Borret, the City-Solicitor; viz. ‘1693. Jan. 5, 504, Leb. 26, 100l., March 12, 50l., 1694, April 7,997. 148. May 5, 1977. 16s.' These sums were applied to defray the charge of drawing the Bill; making copies thereof; and of petitions
his paying any money to any member of parliament: but, wavering in his discourse, and being again asked, If he ever did distribute, or know of any money distributed, on account of the Orphans bill? said, It was a hard thing to be asked such questions: Which was all the Committee could get from him.
"Mr. John Chadwick, and Mr. Hern, proved the payment of the money to Mr. George Finch; but could give no account what he had done therewith. Mr. George Finch denying he received any more money than that from Mr. Chadwick, &c. amounting to 350!.; which, or part thereof, was paid in for his use, to Mr. Hornbys; and yet, being charged by Mr. Nowis, and Smith, with 1,650/. in their bills; though, on their examination by the Cominittee, they deny they had paid him any; they thought Mr. Hornby's books might clear this matter, they keeping Mr. Finch's account; and therefore sent for them.
"Mr. Chiswell, one of the company of the Light Office, informed your Committee, That the Company, having been out of purse 16 or 17,000l. applied themselves to the commons for a Bill to settle that matter; which miscarrying last session but one, serjeant Topham, who also was one of the company, told him, They must do as others did, and take another course, if they would have any success; and do as the East India company had done. Mr. Chiswell brought the Book of the Company to your Committee; who find entered therein the Orders following:
'Light Office, Jan. 17th, 1693-4. Ordered, That sir Tho. Millington, Dr. Hobbs, Mr. Rokeby, Mr. Tophain, and Mr. Chiswell, or any three of them, manage our affairs in parliament, by such methods as they shall think fit.-Light Office, Jan. 17th, 1693-4. Ordered, That the Treasurer issue and pay all such monies as the said committee, or any three of • them, shall order and direct, for the management of the said affair; which orders for such 'monies shall be a sufficient discharge to the treasurer for the same; and for which the said 'committee shall not be accountable.-Light "Office, April 6th, 1694. Ordered, that a note 'for 4401. be taken, payable to bearer, and delivered to Mr. Chiswell; which he is to pay away upon account of the act of parliament, in pursuance to an authority given by an order made the 17th Jan. last.-April 18th, 1694. That 237. 13s. 4d. more be paid Mr. Chiswell, and others of the committee; which they are to pay away upon account of the act of parliament, in pursuance to an authority given them
by an order made the 17th of Jan. last.—April 10th, 1694. Paid by Mr. Fowle and Wootton; their note delivered to Mr. Chiswell, &c. in part of charges for the act of parliament '(Vide Minute, April 6th, 1694.) 440/. Paid more to Mr. Chiswell, as per order, dated April 18th, 1694, 23l. 13s. 4d.'
"Mr. Nath. Hornby came, upon their summons, without the Books; and, being told, it was to determine a difficulty about Mr. Finch's receipts and payments, be absolutely refused to let the committee have a sight thereof; and March 13. The members being met, between said, He would not discover to any one what- 11 and 12 o'clock, Mr. Serjeant came without ever, what any person owed them; or what they the mace; and delivered to the Clerk, at the owed any person; but, upon better thoughts, he table, a Letter from sir John Trevor, Speaker; did shew his Books; but nothing material ap-directed thus; To Mr Jodrell, Clerk to the peared thereby to this matter. honourable house of commons.' Which was opened, and read; and is as followeth :
"Mr. Chiswell said, Mr. Topham and Mr. Burton undertook the management of the affair of the Light Office; and Mr. Topham told him, The disposing of this money was, to engage some friends in the house of commons. Mr. Chiswell owned he had the Bills according to those orders; and he delivered them to Mr. Burton, who disposed them according to Mr. Topham's direction, as he believes; but he did not ask him to whom. Mr. Burton and Mr. Topham are both dead since."
The Speaker being charged with Corrupt Practices, absents himself from the House.] Resolved, "That sir John Trevor, Speaker of this house, receiving a gratuity of a thousand guineas, from the City of London, after passing of the Orphans Bill, is guilty of a high Crime and Misdemeanor."
Mr. Jodrell; I desire you to present the inclosed to the house; and in that you will 'oblige, sir, your humble servant, J. TREVOR, Speaker. March 13th, 1694.'
Înclosed was another Letter, which also was read, as followeth: viz.
'Gentlemen; I did intend to have waited
upon you this morning; but, after I was up, I was taken suddenly ill, with a violent colick: I hope to be in a condition of attending you 'to-inorrow morning: in the mean time I de
sire you will be pleased to excuse my attendance. I am, with all duty, gentlemen, your 'most obedient humble servant, J. TREVOR, Speaker. March 13th, 1694.'
After the reading of the said Letters, many members spake; and some proposed to procced to the Choice of a new Speaker immediately. Whereupon, former Precedents were called for, and read out of the Journals. But an objection was made, That there could be no debate until the mace be brought, and laid under the table; and that no question could be put until that be done: others being of opinion, That was not essential, rotwithstanding a former precedent, it was not insisted upon. But
* At the end of the Journal of this day, the following entry is made, in the hand-writing of the Clerk; viz. " 2 Maii, 1695. Mr. Harley delivered to me this day's proceedings, and also the 14th and 15th of March, in relation to the Speaker, to be entered in the Journal, fi med by him: and the original Paper is with this year's Papers. P. J."
the Clerk, about one of the clock (to whom all that spoke directed themselves, according to former practice) by order, put the question for adjourning until 10 the next morning.*
"From these small beginnings, a common murmur arose, that an universal corruption had overspread the nation; that court, camp and city were tainted, nay, the very parliament itself infected. The house of commons, being awakened by the alarm, resolved to search into the bottom of the reigning corruption. They began with appointing a Committee, to inspect the Books of the Chamberlain of London, and of the East India Company, and impowered them to send for persons and papers. The inspection of the Chamberlain's Books related chiefly to the Orphans affair. The City of London had several years solicited in vain, to have a bill passed, for payment of the debt due to the Orphans. This ebt grew into a great burden on the city, during the magistracy of Moor, Pritchard, North, Rich, and some others. Many hundred orphans starved, for want of their portions, which had been put into the Chamberlain's hands, on the security of the city; but, as the Exchequer was shut up in king Charles's time, so the chamber of London was also shut up, and bankruptcy pleaded to the demand of the distressed Orphans. When the management of the city affairs fell into better hands, a committee was appointed to inquire into this matter, who, finding that nothing had been done after three years troublesome solicitation, and that several Bills had been brought into the house of commons, for the relief of the Orphans, but they were always lost or so clogged that a bill could not pass through the house in a session, thought the most effectual way, to prevent the starving of these orphans, would be to give some men of interest what they should require; and engage them to do for profit, what they would not do for justice. Accordingly, by a proper application and disposal of several sums of money, a bill passed in the last session creating a fund for the repayment of the Debt owing to the Orphans, by the Chamber of London. Among the sums distributed on this occasion, it was found that the Chamber had made sir John Trevor, the Speaker, a present of 1000 guineas, for the service he did them in this affair. This was entered in their books, so that full proof was made of it. It was indeed believed, that a much greater present had been made him, in behalf of the Orphans: but no proof of that appeared, whereas what had been taken, in so public a manner, could not be hid. This was objected to Trevor, as corruption and a breach of trust, and upon it he was expelled the house; and Mr. Paul Foley was chosen Speaker in his room, who had got credit by his integrity and constant complaining of the administration. Mr. John Hungerford, a member of the house of commons, was also found to have received twenty guineas upon the same account, for which he was likewise expelled the house." Tindal.
March 14. Mr. Serjeant came, and brought the mace; and laid it under the table: then delivered to the Clerk a Letter from sir John Trevor, Speaker, directed To Mr. Jodrell, Clerk of the honourable house of commons ;' which was opened: and inclosed, in the cover, was another Letter; which was read, as followeth: viz.
Mr. Jodrell; My illness still continues; 'which makes me unable to come abroad; 'wherewith I desire you to acquaint the house; and that I humbly pray they will please to excuse me, for not attending them. I am your friend and servant, J. TREVOR, Speaker. March 14, 1694.'
Mr. Foley chosen Speaker.] After the reading whereof,
Mr. Wharton (Comptroller of the Houshold) stood up, and spake as followeth Mr. Jodrell, I am commanded by the king to inform this house, that the late Speaker, sir John Trevor, hath sent him word, That his indisposition does so continue upon him, that he cannot further attend the service of the house, as Speaker: and further commanded me to say, That there may be no delay in the publick proceedings, he does give leave to this house to proceed to the choice of a new Speaker. Sir, the filling of that Chair is the highest station any commoner of England can be called to; but, however honourable it is, the toil and difficulties of it are so great, that I believe there is no reasonable man that hears me, but would be rather glad to have it supplied by any man than himself: and therefore, I shall, without fear of displeasing any person, out of so many who are quali fied to serve you, to nominate
Upon this he was interrupted by a great noise in the house, crying No, No, No: and several gentlemen stood up, to speak to order. Exceptions were taken by several members, That it was contrary to the undoubted right of the house, of choosing their own Speaker, to have any person, who brought a Message from the king, to nominate one to them.
Notwithstanding, the Comptroller stood up again, and named sir Thomas Littleton; which was seconded by sir Henry Goodrick. Whereupon arose a debate: and another person, viz. Paul Foley, esq. was proposed by sir Christ. Musgrave, and seconded by the lord Digby. And, after a long debate, in relation to both the persons, the question was put by the Clerk, That sir Thomas Littleton take the Chair of this house as Speaker. The Clerk declared the Yeas had it. The house was divided. The Yeas on the right hand; and the Noes on the left. The Tellers were appointed by the Clerk; viz. For the Yeas: James Chadwick esq. 146. The Teller for the Noes: Colonel Granville : 179. So it passed in the negative.
Then the second question being about to be put, Mr. Foley stood up to speak; but the house would not hear him; but ordered the Clerk to put the question, That Paul Foley esq. take the Chair of this house as Speaker. It was Resolved, nem. con. Upon which, Mr.