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Foley made his excuse in his place; which was not admitted by the house. He was conducted to the Chair by the hon. col. Granville, and the hon. Henry Boyle esq. And, upon the first step of the Chair, after some pause, he made a Speech to the house again, to excuse himself. Which not being allowed, he sat down. And then the mace was laid upon the table. Afterward,

Mr. Comptroller Wharton spake as follow eth Mr. Speaker; His majesty hath commanded me to inform this house, that after they had chosen a Speaker, they should present him to his majesty to-morrow morning at 11 o'clock, in the house of lords.

Then the Speaker desired the direction of the house, Whether he ought to make the usual petitions for freedom of speech, &c. The house cried, No, No And some members said, That those petitions were demands of right, and ought not to be made but once, at the beginning of a parliament: and former precedents were cited in the case. Then the Speaker put the question for adjourning the house until tomorrow morning, nine o'clock; and so went away without the mace before him.

The new Speaker's Speech to the King.] March 15. A Message from his majesty, by the Gentleman Usher of the Black Rod, commanded the house to attend him in the house of peers. Accordingly, Mr. Speaker, with the house, went up to attend his majesty, and spake as followeth :

"May it please your most excellent majesty; The commons of England, in parliament assembled, having, by a very extraordinary occasion, lost the service of their late Speaker, proceeded to a new election: and, being commanded by your majesty to present their Speaker at this time and place, they now wait on your majesty, in full parliament, to present me to succeed, on whom they have unanimously agreed. I must acknowledge myself very unfit for so great an employment; and wish they have not done themselves a great prejudice therein; which they might have avoided, having choice of many much more able members for that service: but I dare not oppose my own opinion, to that of so great a body as the commons of England: and therefore, with your majesty's approbation, am ready to serve your majesty and them, to the utmost of my abilities. If they find themselves, on trial, mistaken; and that I cannot answer their expectations; though hitherto they will not allow me to excuse myself; yet then I hope they will; and provide one more fit for your majesty's and their service."

The Lord Keeper (sir John Somers, kt.) spake thus: "Mr. Foley; The king has taken notice of the modesty which you have shewn, in speaking of yourself; and how just a sense you have expressed of the weight and difficulty of the employment to which you are called: but his majesty has commanded me to tell you, that he is so well assured of your dutiful affection to his service, and so fully satisfied of your in

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tegrity, your abilities, your industry, and application to business, and your experience in the customs and orders of parliament, that he does well allow of the choice which the house of commons have made, and does approve of you for their Speaker."

After the Lord Keeper's Speech, the Speaker replied: "May it please your majesty; I, with humility and thankfulness, acknowledge your majesty's great favour; and hope your majesty's approbation will be a great assistance to me in the discharge of my duty. Not to mis-spend time, now very precious for your majesty's affairs, I shall only make it my humble request, that whatever mistake or fault I may commit, your majesty will not impute it to your commons; and for myself, not committing any wilfully, I cannot doubt of your majesty's gracious pardon."

Mr. Speaker reported, That he had, with the house, attended his majesty, who had approved of their choice of him to be Speaker. Afterwards, he returned his humble thanks to the house, for the honour they had done him.

Sir John Trevor, the late Speaker, expelled.] March 16. The house proceeded upon the Report from their Committee, and Resolved, "That sir John Trevor, late Speaker of this House, being guilty of a high Crime and Misdemeanor, by receiving a Gratuity of a Thousand Guineas, from the City of London, after passing the Orphans Bill, be expelled this house."*

Mr. Bird reprimanded for offering a Bribe to a Member.] March 18. Mr. Bird attending, according to order, was called in, and, being at the bar, was told by the Speaker, That there had been a Complaint made against him to this house, for offering of Money to Mr. Musgrave, a member of this house, to present a Petition to this house. Whereunto he said, That some persons did apprehend, that a Bill depending in this house, for settling an estate late of Mr. Howland, did affect their interest in part of that estate; and therefore desired him to prepare a Petition to be presented to this house, for the providing for their interest: which accordingly he did: and that he being a stranger to the proceedings of this house, and there being a Title in the case, and knowing Mr. Musgrave to be a gentleman of the long robe, did intend to give him a guinea for his advice in that matter; but understanding by Mr. Musgrave he had committed an error in so doing, he had begged pardon of Mr. Musgrave, as he did now of this house. And then withdrew.

Resolved, That the said Mr. Bird be called in; and that Mr. Speaker do reprimand him, upon his knees, at the bar. And he was called in; and, upon his knees, reprimanded accordingly; and then discharged.

* Sir John retired to his other lucrative place, the Mastership of the Rolls, which place he retained for several years.

Resolved, "That whosoever shall discover any Money, or other Gratuity, given to any Member of this house, for matters transacted in this house, relating to the Orphans bill, or the East-India Company, shall have the Indemnity of this house for such gift."

Ordered, That Mr. Charles Nowis, Mr. James Smith, Mr. George Finch, Mr. Dowse, Mr. Herne, Mr. Chiswell, and Mr. Chadwick do attend this house to-morrow.

the commons, that they having under their consideration a Bill to oblige sir Thomas Cooke to account, &c. do desire sir Thomas Cooke (a member of the house of commons, and now a prisoner in the Tower) may be permitted and ordered to appear at the bar of the lords house, when desired; and thereupon the commons ordered that he do attend the lords as desired.

Sir T. Cooke heard by the Lords.] Sir Thomas Cooke being brought upon his Petition to the bar of the lords, he declared himself ready and very willing to make a full Discovery; and said, he had done it before, in the house of

Mr. Hungerford expelled, and Sir Tho. Cooke sent to the Tower for refusing to be examined.] March 26. The commons proceeding on the Report relating to the Mem-commons, if he could have obtained there an bers of this House taking money; Resolved, "That Mr. Hungerford a Member being guilty of a high crime and misdemeanor, by receiving 20 guineas for his pains and service as Chairman of the committee to whom the Orphans bill was committed, be expelled the house." And ordered, That sir Thomas Cooke, a Member, having refused to give an account of the Money of the East India Company by him distributed, be committed Prisoner to the Tower; and a Bill be brought in to oblige him to give such account. This Bill was presented by Mr. Bridges on March the 28th, and received and read the first time: The next day it was read a 2nd time, and the cashier to the East-India Company, according to order, produced the Warrants for the sums paid for special service or charges general.

On March 30, sir Basil Firebrace delivered in an Account of Monies by him paid for the service of the East-India Company; and sir Thomas Cooke petitioned the house, that he might be heard by Council before the Bill do pass, which was granted.

April 2. The commons in a grand committee went through the Bill, and made Amendments, which were reported the next day.

A Bill to oblige sir T. Cooke to answer sent up to the Lords, and opposed by the Duke of Leeds.] April 6. Sir T. Cooke's council were heard, and the Bill was read a third time and passed.

Upon its being sent up to the lords, the duke of Leeds, lord President of the Council, spoke vehemently against it, and introduced what he was about to say with a most solemn Protestation of his cleanness and innocence; and, laying his hand on his breast, declared, upon his faith and honour, That he was perfectly disinterested, and had no part or con· cern in this matter, and therefore might the 'better appear against it;' which he did, expressing great abhorrence of the Bill.

Message to the Commons relating thereto.] April 13. Their lordships sent a Message to

* Sir Thomas Osborne, created baron of Kiveton and viscount Latimer, by king Charles 2, August 15, 1673, and earl of Danby, June 27, 1674, marquis of Carmarthen by king William, April 20, 1689, and duke of Leeds, April 30, 1694. Sce Proceedings against him as earl of Danby, vol. iv. p. 1067.

indemnifying Vote; and that their denying it him had occasioned his appearing before their lordships in that manner: He bemoaned himself (weeping) that he was not indemnified at that instant, so that he might just then make the Discovery which was expected, and which he was so desirous to make.-Thereupon it was demanded of him, what he would be indemnified from? He answered, All actions and suits, except from the East India Company, whom, if he had injured, he would be bound to undergo the greatest rigour. He also said, he desired to be indemnified from Scandalrems. It was asked him, whether he meant Scandalum magnatum? He said, Yes.

The D. of Leeds moves that he should purge the Peers upon Oath.] He being withdrawn, the duke of Leeds stood up, and declared, He was very glad that gentleman was come to such a temper, as to be willing to discover, whereby that Bill was prevented, which his lordship esteemed to be of so pernicious a nature. His grace minded their lordships how the commons took care of the reputation of their house, in asking sir Thomas Cooke whether he had distributed any Money among any of their Members, who purged them by a solemn Protestation, that he had not; his lordship thinks it reasonable the lords should have some regard to themselves, and therefore moved that sir Thomas Cooke might be called in and asked, Whether he were willing upon Oath to purge all those who sat there? But this was not received.

After this the lords canie to a Resolution, That the Bill sent up from the commons, to oblige sir T. Cooke to give an Account, &c. should not be proceeded upon, but appointed a committee to draw up a Bill to indemnify him. --That committee being withdrawn, and having made some progress, notice came from sir Thomas Cooke (by a reverend prelate who appeared zealous for him) to this purpose, That 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 Discovery he promised. This was bighly resented by some of the lords of the committee, who immediately moved that the committee might rise and report to the house this fresh matter, and the trifling and prevaricating of sir Thomas, so that the Bill des gued to oblige

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him to give an Account might now proceed.-ness as you think of most importance for the Some lords mollified this, and having taken up public good, because I must put an end to this some time in speaking; in the mean while sir session in a few days." Thomas begging a favourable treatment, engaged to discover within a fortnight: He was called in more than once, and at last agreed to the time allowed by the Bill, viz. seven days.

Bill to indemnify sir T. Cooke.] Both houses at last agreed on a Bill which was in effect as follows: The preamble sets forth, "That it appears by the Books of the EastIndia Company, that sir Thomas Cooke, kt. in 1693, being governor of the company, did receive out of their stock and treasure 77,2581. and also 90,000/-And that a true Discovery of the distribution of those sums is necessary to the vindicating the justice and honour of the government, and that sir T. Cooke hath voluntarily offered to make such Discovery so as he may be indemnified.-It is enacted, That if sir T. Cooke, on or before the 23d of April, 1695, do make a true and full Discovery upon oath before a committee of the lords and commons, how and in what manner, and to what person or persons, and to what particular uses, intent and purposes, and on what account the said 90,000l. and the sum of 67,000l. part of the said 77,258. have been distributed, then he shall not, by reason of such Discovery, be liable to any action of any person other than the East-India company; and shall be and is pardoned and indemnified for any crime in the distribution or application of the said money to any person other than to himself. And it is further enacted, That the said sir T. Cooke shall, on or before the first of Sept. 1695, either discharge himself upon oath to the Commissioners for stating and taking the Public Accounts, of the sum of 10,258/. residue of the said 77,258/. or discover to them upon oath how and in what manner, and to what person or persons, and to what uses, intent and purposes, and on what account the said sum of 10,258. hath been distributed or made use of; and in such case he shall not, by reason of such Discovery or discharging himself upon oath, be liable to any action, &c. other than the said Company, and is declared pardoned for any crime he may be guilty of in the distribution or disposal of the same to any person other than to himself; provided, that if he shall not, on or before the said 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 such true and full Discovery upon oath before the commissioners for taking the Public Accounts."

The King's short Speech for dispatch of Business.] April 22. His majesty gave the royal assent to several bills; After which his majesty spoke as follows:

"My lords and gentlemen; I take this occasion to tell you, that the season of the year is so far advanced, and the circumstances of affairs are so pressing, that I very earnestly recommend to you the speedy dispatching such busiVOL. V.

April 23rd, sir H. Goodrick acquainted the commons that their Address for obliging the Colonels and other Officers employed in the Reduction of Ireland, to account for what Money they had received to pay the inferior officers and soldiers, had been presented to the "That he king, who was pleased to answer, had already given orders, as well in Flanders as in England, for the doing what is mentioned in the Address; and that some Officers, who neglected to comply with the directions, had been cashiered; however, that he will repeat those orders under the severest penalties to such as shall disobey them." Mr. Comptroller Wharton acquainted the house the same day, that their Address had been presented to his majesty, praying, "That his majesty, in his great wisdom, would please to take care for the future that this kingdom be put upon an equal foot and proportion with the Allies, in bearing the Charge of the present war." And that his majesty was pleased to answer in these words, "In this, as in every thing else, I shall always endeavour to have a due regard to the interest, and to the honour of the nation."

Mr.

Report of sir T Cooke's Examination by a Committee of both Houses.] April 24. Comptroller Wharton made a Report from the Committee of lords and commons † appointed

*As it is impossible not to discern the drift of this Speech, it is equally impossible not to be shocked at it; and the more we are disposed to revere the character of a Deliverer,' the more we must be confounded at every measure that serves to disgrace the DeliverIt was once well said, That he who ance. was not at leisure to do justice, ought not to be at leisure to reign; and to king William it might have been said with more propriety, than to any other prince; his high pretensions to rectify all Abuses, had constituted him a sovereign; and his adversaries could find no defect in his Title, which hurt him so sensibly as the defects of his administration." Ralph.

"The Lords appointed 12, viz. The lord privy-seal Pembroke, the duke of Shrewsbury, the earls of Manchester, Bridgewater, Thanet, Rochester, Monmouth, Marlborough, and Torrington, the lord-viscount Weymouth, and the lords Cornwallis and Godolphin. The Commons appointed 24, viz. sir John Thompson, Bridges, esq; sir lien. sir R. Onslow, Herbert, Ch. Montague, Henry Boyle, Hutchinson, Hugh Boscawen, Tho. Pelham, Tho. Wharton, (Comptroller) Rob. Harley, James Chadwick, Edw. Clarke, Tho. Papillon, esqrs, sir Tho. Pope Blunt, sir Walter Young, sir Christ. Musgrave, sir Edward Abney, sir Herbert Crofts, sir Rowland Gwyn, sir Wm. Brockman, and Francis Gwinne, Cowper, esq. Thus it appears, that in each List there was a mixture of Patriot and Courtier, Whig and Tory: for both parties affected an equal SN

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to hear and examine sir Tho. Cooke, by virtue of an Act, intituled, An Act to indemnify sir Tho. Cooke from Actions, which he might beliable 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; or for any prosecution for such distribution,' which Report was as followeth: viz.

Die Martis, 23 Aprilis 1695. In the Exchequer-chamber.

"Sir Thomas Cook 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 the act; but, however, his scruple should be fairly represented to both houses.

same, with the interest thereupon due, was presented to the king in tallies.-As to the 10,000l. and 2,000l. next mentioned in the Account, he saith, Those sums were paid to Mr. Rd. Acton, about the same time: who declared, he had several friends capable of doing great service to the Company's affairs, and several of them would speak with parlia ment-men. That he could not particularize who they were; but the end aimed at was, to get an act of parliament.

"He, sir T. Cook, offered to give the Company an Account how the Money was disposed of; but they did not think fit to receive it. And further saith, That he knows no man, besides Mr. Acton, that can give an account who had that money; that he intrusted this money wholly with Mr. Acton, taking him for an honest and able man; the Court having given him power, as he conceived, to dispose of the money by another hand, as well as by his own. That the inducements for giving this money were, fears of the Interlopers going out, and subscriptions for a new Company going on; by which, they apprehended, the Company would be ruined; that to the best of his remembrance, there was a Bill at that time, for "Sir T. Cook, being sworn, acquainted the another East India Company; and that the Committee, That, for their case he had put his king had rent a Message to the house of comConfession down in writing; a copy whereof is mons, to settle the East India Trade. That hereunto annexed; the original being read by this 10,000l. was advanced by Acton himself, him and the Committee conceiving it to be and not repaid him in some months after; imperfect, and not such as the Act requires, which money, he believes, Acton paid away the the committee let him know, That they ex- same sessions: the other 2,000l. to Acton was pected a more particular Account of those for interest, and for his pains and expences, matters from him. which were great: Acton did say, He could tell some persons employed in that affair :-He did understand, This Money was to be laid out for promoting their affairs in parliament; but cannot say to whom it was given; but understood it went no farther than the house of commons; and that he found no good fruit by such distri bution.

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"To the first sum, of 10,000/. mentioned in the said writing, he saith, The same was paid to Mr. Tyson in Nov. 1692: That he gave him no direction 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 king; but he could not say the king had it. He believes the East-India Company never had any Account how this 10,000l. was disposed of: he told the Court as he reniembers, 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 Josiah Child, who delivered it to the king: He saith, It is a customary present: and that, in king Charles, 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; and that he himself advanced this sum: and had it not repaid in four or five months time: The

concern for the prosecution; and it is certain that both were equally concerned in it: Each had friends to skreen, and adversaries to expose: and the great point of contest between them probably was, which should be made answerable to the public for the Job." Ralph.

"That Mr. Acton had, at that time, an interest in the East-India Co. to the value of 10,000 or 20,000l. as he believes: and had so for some time: that he gave this 10,000l. with the privity of sir Josiah 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 money. As to the 3381. 7s. 6d. mentioned to be paid to Mr. Molineux, he saith, The same was paid him about the same time the money was paid to Mr. Acton: that Mr. Molineux told him this money was to be disposed of to the lord Rivers, who was then lord Colchester and in the house of commons: but forther saith, That, since his confinement, Molyneux had been with him, to tell him, it was a wrong thing; and that my lord never had it, but that he had made use of it himself.

"A's to the further sum of 2501. mentioned in the said Paper to be paid Mr. Tyssen, 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 any further account thereof.-As to the 2201, mentioned to be paid to sir John Chardin; he believes it was for his own use, having expended great sums in the Company's service.-As to the 350/. paid to Mr. Dockmanique; he said, He believed he expended the same; but knows not to whom he gave it.-As to the 3821. 1s. 8d. paid to capt. Germain; he saith, That Mr. Germain told him, he had lost about 700/. in the interest of the Interlopers; and finding that interest to decline, he applied himself to him the said sir Tho. Cooke, proposing, That if he might have half the money which he had lost, repaid him, he would come into the East-India Co. interest; upon which consideration the said 3821. 1s. 3d. was paid him.

"As to the 1,091. 13s. 4d. paid to Mr. FitzPatrick, deceased; he saith, That Fitz-Patrick 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 money; but, he believes, the said Fitz-Patrick kept the money himself: that there was a promise of a further sum; but the intended act of parliament did not pass.-As to the 545/. 16s. 8d. it was to be paid Mr. Ch. Bates when the Charter was settled; and was paid accordingly in Oct. 1693: he himself had no acquaintance with him; but sir Basil Firebrace told him, he had acquaintance with several lords, and named the inarquis of Carmarthen, now duke of Leeds.*

"As to the first 10,000l. paid to sir Bazil Firebrace it was paid him about Nov. 1693; and it was always his apprehension, that sir Bazil kept it for himself, to recompense his losses in the interloping Trade.-As to the several other sums, which complete the further sum of 30,000l. paid to sir Bazil; he saith, they were paid at one time, though depending upon several contracts.

"The very mention," says Kalph, "of these names, and the knowledge that Wharton, the Comptroller, presented the report to the commons, is suficient to shew, that the direction of the affair was principally against the Tories: besides, the East-India company was still under a Tory, if not a Jacobite direction: one of their ships had been called the Modena, a long while after the Revolution: these corrupt Proceedings had all taken place, while the Tories had the upper hand in the administration: those, who by their endeavours to establish a new Company had given occasion to them, were known Whigs."

"That it was agreed, That in case the Charter passed, that the Company should take 60,000l. stock of sir Bazil Firebrace, at 150/. per cent. when the Charter was passed: he put this stock upon the Company at 150l. per cent: their stock was then at 100 per cent.; by which the Company lost 30,000l.-He saith, he never could tell to whom this Money was distributed, nor would sir Bazil give him an Account of that matter, though often asked by him to do it; and sir Bazil said, if he were further pressed, he would have no more to do in it.-That the Charter being passed, the Company paid the 30,000l. about Jan. 1693, in recompence for the fail of the Stock: the Company was also to transfer 40,000l. more Stock, at 100l. per cent. if an Act passed, in 18 months, for confirming and enlarging their charter; but the act of parliament not being passed, the contract for that 40,000l. stock became void.

"Sir T. Cooke produced a Contract, dated the 19th Sept. 1693, which was mentioned to be made in consideration of 300 guineas paid to him; which consideration he declared he bad not received: He likewise produced another Contract, dated 25 Oct. 1692; He saith, there were several Contracts; some to the value of 60,000l. on account of procuring a new Charter; and others to the value of 40,000l. on account of procuring an act of parliament: they were all in sir Bazil Firebrace's name: one of each sort was by him produced, to shew the nature of these contracts.--He saith, the 30,000l. was paid to sir Bazil or his order, upon ten several contracts; it was paid in six several sums; viz. 15 or 20,000l. (and he thinks 10,000l. a-picce, because no more than that sum can be subscribed by one person) to Fowls and Wotton: to Mr. Edw. Allen, scrivener, 5,000l. to Mr. Hornby, 5,000l.-That the 30,000l. and 10,000l. was subscribed into the Stock of the East-India Co.; and, he believes, the subscribers can give further informations as to these sums. He did not know, but the reason why the 30,000l. was in ten several contracts, might be, because sir Bazil might have occasion to distribute it to several persons.

"As to the 90,000!. he saith, That it was 99,1977. Stock, bought for 90,000l. of several persons, for the use of the Company, to make good the contract with sir Bazil, if he should choose to accept Stock. That the Stock was transferred to several persons to the Com pany's use: that he was accountable for it: that they had his own obligation for the same; part of which Stock was transferred to the Company; other part was sold for their use, and they have the money."

A true and full Discovery, upon oath, made by Sir THOMAS COOK, to the best of his knowledge, how and in what manner, and to what person or persons, and to what particular uses, intents, and purposes, and on what account, the Sum of 67,000l. and the Sum of 90,000l. have been distributed, paid, applied, disposed, or made use of: which Discovery is in pursuance of an Act of this present session of parliament. Dated 23rd April 1695. Delivered to Francis Tyssen, esq. several Tallies for 10,000l. for the special Service of the £. S. d. Company... 10,000

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