To Interest and Allowance due for the said Tallies till the same was repaid me To ditto, for Interest of the Money, and Gratuity for his Pains, more .... To what I find, by my Notes of Memorandums, is charged to myself, 100 guineas To Capt. John Germaine, in consideration of Loss he had by East India stock, and on his To Col. Fitz-Patrick, for the Service done the Company by his solicitation for a new To Charles Bates esq. on the same Account, 500 guineas.. To sir Bazil Firebrace, in recompence of his trouble in prosecuting the Company's affairs, and in consideration of other Losses he had sustained, by neglecting his own business, and by not engaging himself with the interloping ships.... To said Sir Bazil, for 501 per cent. Joss on 10,000l. stock, I was obliged to accept of him ... 10,000 5,000 4,500 4,000 3,500 3,000 2,500 2,000 500 3,000 To the Attorney-General, for his great trouble and pains about the Charters, and other affairs relating to the Company, 500 guineas To the Solicitor-General, on the same Account, 200 guineas To Mr. Sambrooke, &c. for charges in passing the said Charters 2,000 545 16 8 218 6 8 218 6 8 £67,031 18 2 (Signed) THO. COOKE. An Account of the Disposition of the 90,000l. mentioned in the said Bill, which was for EastIndia stock bought of several persons, for Account of the East India Company, as by the particulars below appears; viz. For Provision, &c. of the said 99,1977. Stock, only computed at 2001. 18s. 1d. to make up the 90,000%. ...... 200 18 1 90,000 (Signed) THO. COOKE. Debate on the above Report.] Upon the above Report, the debates were very warm.* [4] informed the house that earl Rivers, who upon the Examination was said to have received 300 and odd pounds of the money, protested he never had a penny, and though he was now of another house, he had the same esteem and honour for this house as heretofore; and that he had moved the house of lords, and they had sent for Molineux, who had said he had received that money. [B] observed, that as to all the little sums, sir Thomas Cook knew very well to whom they were given, but he could never learn to whom sir Basil Firebrace delivered the money he had received; for sir Basil would not give him any Account of that matter, though often asked by him to do it. Acton would have told him, and he would not hear him, so between these two we were sawn. You have it among you, gentlemen. [C] took notice of sir Thomas Cook's long preamble, that he had inspected his powers, reduced his Account into writing, and delivered it in that Paper. Whereupon he was examined by the Committee, and it was with great difficulty that what they had was drawn from him. As to the first 10,000l. they had but an hearsay: Tyssen told him, he gave it sir Josiah Child, who said he gave it the king. [And here note by the way, that in the fore-inentioned Examination it was said to be a customary present; and that in king Charles's and other reigns, the like had been done for several years, as appears by the Company's Books] As to the second 10,000l. to Acton, he proffered to tell him the particulars, and he was unwilling to hear him; but did not doubt but Acton would give a particular and satisfactory Account of all distributed by him; and yet at the same moment being asked where and in what condition this Acton was, he declared he was a distracted man, and not able to give the house any Account at all. As to the 40,000l. to Firebrace, he believed he kept 10,000l. for himself, and for the rest he refused to tell him to whom, or for what, or when it was issued. That he mentioned contracts to the value of 60,000l. on account of procuring a newharter, and also 40,000!. for an Act of Parliament. They were not fools, but they parted with their money very easily, their proprietors were 'ittle beholden to them. [D] said, No man is innocent, if every man was guilty; the members could not be innocent, if they did not lay their hands on these men, that had betrayed them and the Company, and he hoped themselves; he would have them go as far as they could, then they should not be in fault; and moved that Firebrace and Acton should be ordered to attend the next day. [E] seconded the motion, and moved that they should not forget a Member of their own, * See State Tracts in the reign of William III. vol. ii. p. 492. | who was accused for receiving a considerable sum. Ordered, That Mr. Fowles, Mr. Wootton, Mr. Nath. Hornby, Mr. Allen, Mr. Tyson, Mr. Acton, sir Basil Firebrace, and sir Josias Child, be summoned to attend this house to-morrow morning. In the midst of these debates, a Message came from the lords, desiring a present Con|ference in the Painted-Chamber; which was immediately had. Their lordships proposed, that all future Examinations of any of the persons mentioned in the Report of sir Thomas Cooke, be had before a committee of both houses. To which the commons agreed. Examination of Sir Basil Firebrace.] April 27. Mr. Comptroller Wharton made a Report from the Committee appointed by both houses, to examine the persons mentioned in the Report of sir Thomas Cook's Account, which Report is as followeth, viz. Die Mercurii, 24 Aprilis. In the Exchequer Chamber. "Sir Basil Firebrace, being interrogated touching his Receipt of 10,000l. and of 30,000/. charged on him by sir Tho. Cook, and also touching the distribution thereof, deposeth, That the said sum of 10,000l. was given him, as a gratuity, by the said sir Tho. Cook, for his losses; of which he hath given sir Tho. Cook a satisfactory Account: that he received the 10,000l. some time before the Charter for the East India Company passed: That the said sum of 30,000l. was received by him, by virtue of a contract with sir Iho. Cook; it was for favours and services done: That the stock, at the time of the contract, valued at 150l. per cent. faliing afterwards to 100l. per cent. the difference was 30,000l.; 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 gained as much as the 30,000l. paid him: That he is positive the 10,000 l. and 30,000 7. was directly for himself, aud for the use of no other person whatsoever: 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 Thomas Cook about using his, the deponent's, 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 forbear prosecution; and that he did endeavour all he could to improve the Company's 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 Money; but that he, this deponent, told him, It was not fair; it was contrary to their agreement; he was not to ask him, this deponent, what he did with his own. That in. some of the Contracts the consideration or premium, mentioned therein, was paid; and refers to the Contracts; that in some of them 5 l. per cent. in others 5s. is the premium mentioned: That in the contract 15th Sept. 1693, the 300 guineas were paid by note, which sir Tho. Cook kept some time, and afterwards did deliver up to this deponent, without having received any money from this deponent. Being asked, What particular services he did, or was to do, for procuring a new Charter? Saith, that he wished he might answer to that 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 solicitation, and other services: he knew not of any Money, or Stock, given to any person whatsoever for procuring a Charter. Being asked, Whether the 30,000 l. or the value of 30,000 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 7. paid to Powel, whose Christian name he did not remember: but saith, That he lives at Thanet 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. Die Jovis, 25 Aprilis. In the Exchequer- | Sir Basil 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 5,500 guineas to Mr. Atwell, payable to Mr. Bates, or bearer: That one note was for 3,000, and the other for 2,500 guineas: That he, this deponent, did put the notes into Mr. Bates' 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 2,500 guineas were paid after the Charter for restoring the EastIndia Company passed; the other, for 3,000 guineas, after the Charter for Regulation passed: That he had those Notes from sir Tho. Cooke, and was accountable to him for the same; which be put into Mr. Bates's hands: That the said sir Tho. Cook did know, as this deponent verily believes, how these Notes were to be disposed of: And further saith, He told sir Tho. Cooke, that Bates had acquaintance with several lords, naming 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 At a committee of both Houses, appointed for the Examination of several persons, touch-scruples in points of law; upon which this deing the receipt of Money mentioned in a late act and touching the distribution thereof. Mr. Hornby, goldsmith, exhibited to the committee an Extract of sir Basil 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 10,000 l. into the East-India Co.'s Stock, he had sir Basil's word for his security in case the Stock fell, to have 5,000 l. part thereof, repaid 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 Co.'s Bond for it, payable in March; at which time a Sale commenced; and he, having his money then paid, transferred it to the Secretary of the East-India Co. -To the other 5,000l. part of his said Subscription, he saith, That he had no conditions from sir Basil; 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 exbibited an Extract of sir Basil Firebrace's Account, examined as aforesaid; and is hereunto annexed, and signed by him: And deposeth," That he cannot remember the Names of any Members of Parliament, to whom any money was paid by sir Basil's order: That he never keeps any private Notes or Memorandums of persons names to whom he pays Money; and hath no other Accounts, as to that matter, but what are in his Books." ponent desired his leave, that the AttorneyGeneral 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 the last week, the 5,000 guineas were offered by Bates back again to him; who said, That this might make a noise: that, if sir Tho. Cook thought it too much, he would give it him again; and that, on Tuesday last, 4,400 guineas, being the value of 5,500l. was brought to this deponent: that the other 500 guineas are still in Bates's bands: that sir Tho. Cook did scruple to take back this money at first; but did afterwards consent to it the morning when he was brought up before this committee: whereupon this deponent gave him four Notes for the money, payable to Mr. Atwell, or bearer: and this deponent believes, He, the said sir Tho. Cooke, had a double Account; the one was made up with this sum, the other without it. "He further said, That Bates would have paid back the whole; but sir Tho. Cook said, The Account would not be even, if the 500 guineas were not brought into that Account. That this was no part of the 40,000!. beforementioned in this deponent's Examination, and paid to him this deponent; which 40,0007. 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 sometimes from my lord Nottingham, sometimes from others that col. Fitz-Patrick received 1,000 guineas 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 Queen's pleasure was: col. Fitz-Patrick said, He would try to prevail with the lord Nottingham for 5,000 guineas, upon passing the Charter, and 5,000, on the Act of Parliament; but the lord Nottingham refused to take it: hath heard a Note, signed by sir Josias Child and sir Tho. Cook, for 50,000l. was lodged in Tyssen's hands, for about a year, to be paid, in case the act passed; and that it was refused, as he understood, by lord Portland: That Tyssen told him, He had made an offer, and it was rejected: that Tyssen told him this lately: That 1,000 guineas are entered in the E. I. Company's Books, and were to be paid to Mr. Ward and Mr. Fawkoner, who are of the Interloping interest and made great opposition to the Charter : Mr. Ward said, If he had 1,000 guineas, he would bring over others to the Company's interest these 1,000 guineas were to be paid on the arrival of the ship Seymour. That sir Wm. Pritchard 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. Tho. insisted to know what sir Basil did with the money; which sir Basil refused to let him know: That he always withdrew at their meetings; his business being only to go upon errands to procure meetings: and that one day he, this deponent, asked sir Basil, Whether he intended to make a porter of him? Sir Basil gave him his word, That he should have 500 guineas; and that, about two months since, he did receive 5301. though the promise was to have it paid upon passing of the Charter : That he hath bought 10 or 15,000l. stock at one time of sir Tho. Cook: he never took it to be the East-India Co.'s 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 looked upon it as sir Tho. Cook's, and not the Company's. Die Veneris, 26 Aprilis. Exchequer-Cham ber. At a Committee 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. Wootton exhibited a particular Extract relating to sir Basil Firebrace's Account, taken out of his cash-book; and, being subscribed, is hereunto annexed; is the same with Mr. Fowles. Mr. Bates's Examination.] Mr. Bates, upon bis Examination, deposed, "That sir Basil Firebrace did apply himself to him, to use his interest for obtaining a Charter to the East India Co. 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 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 publicly, and thought the forfeiture of it a hardship: that the Lord President had often shewed himself his friend: That he received three notes for 5,500 guineas in the whole that he sent a servant to receive the money; but cannot say the time that he told my Lord President what sum he had; and would have pressed it upon my lord, but he refused it: whereupon this deponent, in regard he could not tell money very well himself, did ask leave of my lord, That his servant might tell the money; to which my lord made answer, He gave leave; and accord Examination of Acton.] Richard Acton deposeth, "That he received of sir Tho. Cook the sum of 10,000l. and 2,000l.: that he, this deponent, did tell sir Tho. He had friends that would take pains to do the Company service, but they would have 10,000l.: That sir Tho. agreed, 10,000l. should be given; whereupon this deponent advanced that sum: this deponent had 2,000l. 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. an Account to whom he distributed it, or else, he thinks, the money 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 money to be distributed, were Mr. Craggs; with whom this deponent was cerned in cloathing the Army; who had acquaintance with Colonels in the house, and Sone Northern Members; Mr. Wallis, Mr. Pudley, Mr. Duckmanick : Mr. Goldwell, who is since dead, was the only Member he himself gave money to and that, if he had a little time to peruse his Papers, he could recollectingly M. Robert did receive the money: That further." con Examination of Powell.] Nathanael Powell deposeth, "That he was very instrumental in causing a good understanding between sir Tho. Cooke and the Interlopers: That he concerted how to bring about meetings between sir Tho. Cook and sir Basil Firebrace, who had been of a different interest: That sir Basil made some terms with sir Tho. upon which a Charter was to be had: That he perceived, by sir Basil, there was some difficulty in the inatter; sir : he had not the notes till after one Charter passed, and before the other passed he saith, That all the notes were given together at one time; and that be, this deponent, gave no counter-notes when he received them: "But afterwards, he, being examined to the same matter, was not positive, that counternotes were not given: That he thinks, when he had the first treaty with sir Basil, That sir Basil did say, He should have a sum; and thinks he named a particular sum: That 500 guineas were received before June last, and the other 5,000 guineas afterwards: That the said notes were not out of his possession, from the time he first had them, to the time he gave them M. Robert to receive the money: That M. Robert, after he had received the money, brought the same to him; which hath remained in his, the deponent's possession, and in his own house, till the time that he paid 4,400 guineas thereof back again to sir Basil; which, as he takes it, was upon Monday or Tuesday last. And be, being examined again to the same matter, saith, That these 4,400 guineas, paid back to sir Basil, were in four bags, with 1,100 guineas in each, brought to him by Robert within a month last past: And as to the 600 guineas remaining of the 5,000, he, at first, said, He had spent the same; and then, being afterwards examined to the same matter, did say, They were at home in his study; that he may have spent some: The reason why he paid back the 4,400 guineas was, the noise that it made, and that people might think he did not deserve them: That the whole 5,500 guineas were for his own private use; and that he might give them to his footman," Second Examination of Sir Basil Firebrace.] Sir Basil Firebrace deposetb, "That the EastIndia Company's Charter being forfeited, sir Tho. Cook, and others, applied themselves to him, observing him active, and to have interest among noblemen, to endeavour the procuring a new Charter: That sir Thomas was apprehensive, that it stuck with the duke of Leeds; and told him, this deponent, That some 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 said, he, the deponent, must tell him what the Company would do: That sir Basil told him, he thought a Present might be made of 2 or 3,000l.: that Mr. Bates went to St. James's; and said, He had spoke to his friend, and that more had been offered on the other side: at another time be said, more was offered by our side: at last, said, 5,000l. had been offered, by another hand, on the same side; and that this depo.ent did not come up to the market: that he acquainted sir Thomas with this proposal; who said, If it was insisted on, it must be done: and so it was agreed to offer 5,000 guineas; Bates then said, This was nothing to him; he ought not to be employed for nothing: So this deponent was forced to go back to sir Tho. Cook for new orders: and so 500 guineas were given to him besides: That, 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 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, that nothing appeared to be done for it-It was then agreed, That if the duke did act in favour of the Company, that he should have 2,000, and 3,000 guineas; and Bates 500 guineas for himself: He, this deponent, would have put off his 500 guineas to the last; 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 of a note of 3,000 guineas, which he thereby promised not to call for till the Charter should pass: the original he had given back when the money was paid; and had not taken a copy of the counter-note for the 2,500 guineas: That after the first Charter was passed, in Oct. 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 of the second Charter: from the time the notes were given, they had free access to the Lord President, and found him easy 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 Duke 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: Bates said, It came from his friend at St. James's:-That, 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; but afterwards said, it was only a mistake; and had brought it in gold; which by computation came to the same sum: That when this deponent told him, That sir Tho. Cook would not take the whole back again, Bates said, he could give no answer to it, till he had spoke with his friend. "This deponent saith, That, on Monday last, 500 guineas were left at his house, by Mr. Clyve, a friend of sir John Trevor's, who said, He brought it from sir John Trevor, to whom sir Tho. Cook 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 he, this deponent, was present when sir Tho. Cook gave it: There was, at another time, 200 guineas ordered to be given to sir John Trevor, for a new-year's gift, by sir Jos. Herne. "That, as to 20,000l. of the 30,000l. beforementioned, the same sums were not actually paid till since Lady-day; and, as to the other 10,000l. be has it now in stock in the EastIndia Company: That as to 5,000l. part of the said 30,000l.; one third part thereof he did design to sir Edward Seymour; one third to sir John Trevor; and the other third to Mr. Guy: That he offered the same to them by Mr. Guy; but Mr. Guy told this deponent, They did not desire to meddle with the stock, but would do any service to promote getting the Charter: And, sir Edw. Seymour after |