him a wards meeting this deponent, he, the said sir | sir Tho. Cook and sir Josiah Child gave note, under their hands, for 50,000l. which "Mr. Acton delivered in an Account in writing of several persons, among whom he had distributed several sums of money. He saith, That Mr. Wallis had a sum of money given him, which is included in Craggs' money, in his Account mentioned. "Several of the gentlemen of the Committee of the East-India Company, that were appointed for inspecting the Books, and examining the Accounts of the Company, attended; and delivered in some Papers, drawn up in the nature of a Report, to that Company. Examination of Sir Josiah Child.] "Sir Josiah Child, being examined, said, He never disposed of 10. of the Company's money, to his remembrance; always affecting ignorance in that matter: said, He did recommend Mr. Acton, as being an honest man; and thought he might do service to the Company, in parliament, because of his acquaintance: That he did recommend it, that a present of 50,000l. should be made to the king, if his majesty would so far wave his prerogative, that an act of parliament might be passed for settling the Company: but Mr. Tysson told him, The king would not meddle in that matter: That he knew nothing of the 40,000l. paid to sir Basil Firebrace: Says, there was a kind of a Committee of 25 persons, that sat de die in diem, to destroy the Company; and he told sir Tho. Cook, that he thought sir Basil the fittest person to divide them." "Mr. Atwell produced his Cash-Books; by which it appeared, that 9th Oct. 1693, Mr. Bates had received 545l. 6s. 3d.; 10th Oct. 2,181/. 58.; 16th Nov. 3,2751. and said, the money was paid by order of sir Tho. Cook. "Mr. Bates, being examined again, said, He believed the money might be paid, as the Books expressed and further owned, that he had not 4,400 guineas, in his house on Sunday night last; and that the 4,400 guineas which he paid back to sir Basil, was brought to him by M. Robart, on Tuesday morning last, eight o'clock. "Mr. Tysson, being examined, said, that VOL. V. "Mr. Craggs, being examined, gave in an Account how he had disposed and applied 4,540l. with which he was charged by Mr. Acton and denied that he ever paid any money to any member of parliament. Debate on the above Examinations.] April 27. Mr. Comptroller Wharton made a Report from the Committee of the said Examinations by them taken; which being read, after the reading the same, the following Debates arose." From "A Collection of the Debates and Proceedings in Parliament, in 1694 and 1695, upon the Inquiry into the late Briberies and Corrupt Practices." The above Tract was printed in the year 1695 with this Preface: "It is most evident to all such who are in the least acquainted with the Greek and Roman histories, that Bribery and Corruption were the chief causes of the overthrow of those free governments. By these means Philip of Macedon ruined most of the Commonwealths of Greece, so much celebrated in ancient history. The Spartan state, which had flourished with such glory about 800 years, was soon destroyed by the corrupt use of those immense riches wherewith their Asiatic conquests bad furnished them. The ruin of the Roman Commonwealth is, by all who have wrote on that subject, attributed to that corruption with which they were over-run after they became masters of Asia, and the plunder thereof. Before that time honor had been the reward of good and great actions, but then money without merit opened the door at which fools and knaves entered, when honest men could not be admitted. Then it seemed a crime to be virtuous; and that people became so degenerate, that the consulship, government of provinces, commands of armies, and every public employment were put to sale, and all carried by caballing and bribery, without any regard had to the merits of men, and their services to their country. This occasioned that severe exclamation, Ŏ urbem venalem si emptorem invenisset !' intimating, that they would sell even the city itself, if a man were found who had a purse sufficient to make the purchase. And it is yet fresh in memory, how our own nation was brought to the very brink of destruction by the corrupt practices of the 6 30 [B] stood up and said, Mr. Speaker, I con- | ceive there is a pecessity to search this matter to the bottom. The house has a thread in their hands, they ought to provide laws for the future to prevent the members of this house taking money. All imaginable endeavours have been used to stifle all discoveries. 10,000l. has been pretended to be given to the king. 50,000l. offered to buy an act of parliament, or gain their reign of king Charles 2. Then was the time when all men of virtue, untainted probity, and love to their country, ran the hazard of being ruined. Then was the time we beheld a band of abject Pensioners in parliament, a List whereof is yet extant. Then was the time we saw our senators wearing the badge of slavery, and doing a tyrant's drudgery, for clothes and sustenance. Then was the time when no less sum than 252,4671. was squandered amongst those mercenary wretches in less than three years; and it is well known who was then Lord Treasurer. Then was the time wheu a hungry member was sure of a Dinner at one or other of the public tables kept about Westminster, and which very lately began to be set up again, to feed the betrayers of their country: and that they might be at hand, sir John Copleston and sir Richard Wiseman were then allowed to keep open houses at the foot of the Parliament-stairs. So numerous were these hirelings in that illustrious body, that if any point were there carried on England's side, it was often but by the poor majority of two or three voices. And I cannot but remember upon this occasion a story (for the truth whereof I can undertake); There was a contended election in that house of commons between Mr. Trenchard and Mr. Bertie: and it being carried for Mr. Bertie, the lord O Brian, who was related to the then Lord Treasurer, came in triumph to him with the news, and said, My lord! we have carried the day, and voted thirteen more than one and twenty.' --The nation groaned under the burden of these inglorious and wicked practices, which ripened us for ruin; and to this day their sad effects are very sensibly felt. We then trafficked away the peace of Europe; and to that Corruption is owing the growth, and hitherto unsubdued power of France. If to sell the determination of any difference between private persons be held in the highest detestation, how justly execrable then do those render themselves who traffic away nations and the rights of a free-born people? We have a famous instance of the transcendent justice of our nation, in the case of the great and learned lord chancellor Bacon: he was thrown down from his high station upon an accusation of bribery, though all that then was positively proved against him was his allowing a servant to accept a present of a set of beaten silver buttons." *The practice was, that besides a dinner, when they had done any eminent piece of service, every one found under his plate such a parcel of guineas, as it was thought his day's work had merited. charter. The facts prove themselves, and Mr. Bates appears an unfortunate person, whom the care of his friend, the duke of Leeds, and the sense of his oath have caused to make such contradictions. I move that the house would put the matter in such a method as becomes their justice, and as the shortness of their time will allow. [D] Mr. Speaker, I do fully agree with the worthy person near me, that there never were greater and more general instances of Corrup ion, and necessity of speedy remedy. That it is very fit this house should let the world sce that they are in earnest. I ask leave to put you in mind, what practice and arts have been used to stifle and stop your discovery, so that what you have is, as it were, by the utmost force and constraint. You cannot wonder at it, when you now find so great a man at the bottom; but there is no person in a post so high that this house cannot reach, no man's practice or art so deep that this house cannot discover. Here have been all imaginary endeavours used to obstruct this enquiry. First, his majesty's name was made use of at the committees, with hopes perhaps that that might stop any farther enquiry; and if it were made use of there, you may reasonably expect it was made use of elsewhere: but that appeared to be so far from being a matter of reflection on the king, that sir Josiah Child often complained of it as a rudeness to his majesty, that what other kings had yearly as a present, they had not offered to his majesty in three years: it was indeed, if not a matter of right, a matter of custom.-Then a noble lord, who may be named for his honour when the great sum of 50,000l. was pressed upon upon this occasion, the earl of Portland, he him, did absolutely refuse it, and told them he would for ever be their enemy and opposer if they offered any such thing to him. Thaving thus mentioned the innocent, must say somewhat of the guilty. the duke of Leeds must be applied to: certainly A stop having been put, there never was a more notorious Bribery, and that in a person whom we might have expected to have been free from such a crime, whether if you respect the greatness of his place, or of his former obligation. It is fit to speak plainly on such occasions, the house ought to endeacouncil and presence. vour to remove such a person from the king's nation have, when we are bought and sold to What security can the one another? We have seen our designs defeated, our attempts betrayed, and what wonder is it? Can any man think it more strange that our counsels should be sold abroad, than that Charters should be sold at home? Certainly a man may reasonably believe, that he who will sell the subjects, will sell the kingdom if he can have a sufficient bribe. What prince can be safe in such counsels which are given for private advantage? Several proposals for remedy may be here offered. One, that this house should address his majesty to remove the duke of Leeds; but, with submission, an Address is too mean, too low a thing for the house to do at this time, and upon such an occasion: I therefore move we may lodge an Impeachment. "That Thomas duke of Leeds, Lord President of his majesty's Council, be impeached by this house." Or thus, "That Thomas duke of Leeds be impeached by this house of high crimes and misdemeanors; and particularly of Corruption in taking a Bribe of 5,000 guineas to obtain a Charter and Regulation for the E. I. Company." [E] says, I wonder the gentleman who spoke last should say that which I hope he did not believe, That that lord should have sold our counsels to France. [D] rose again and said, It is with some uneasiness I stand up, but that gentleman forces me to it, for I do not take pleasure to rake in a dunghill. I was far from saying any such thing, but argued only from possibility; that it was as reasonable to believe one as the other. That when honour and justice were not the rule of mens actions, there was nothing incredible that might be for their advantage. [F seconds and agrees in the motion for an Impeachment. [G] says, That God alone, who can produce light out of darkness, can fully discover the dark practices in this affair. That such actings as these are a blemish, if not a scandal to the Revolution itself; I agree in the motion for an Impeachment. [1] Demanded, By what law it is a crime to take money at court? [K] answered, If there be not a law, it is time there should be a law to prevent it. [L] says, The law of God is against him, and broke by him. He took an oath as a privycounsellor. Justice is not to be sold by the common law. But there are parliaments to panish such crimes, and it is hoped there will be still. [M] says, It seems doubtful whether there be matter in this Report for an Impeachment; therefore before the house goes to an Impeachment, they ought to put the question upon the Report, and see whether it be a crime. [N] objects, There is no law, so no trans gression. The Duke of Leeds noted to be impeached.] Resolved, "1. That there does appear to this house, upon the Report from the Committee of both houses appointed to examine the persons mentioned in the Report of sir Tho. Cook's Account, That there is sufficient matter to im- | peach Tho. duke of Leeds, President of his majesty's most honourable privy-council, of high crimes and misdemeanors." Resolved, "That Thomas duke of Leeds, &c. be impeached of high crimes and misdemeanors." Ordered, "That Mr. Comptroller do go up to the lords, and, at their bar, in the name of the house of commons, and all the commons of England, impeach Thomas duke of Leeds of high crimes and misdemeanors; and acquaint them, That this house will, in due time, exhibit particular Articles against him, and make good the same." The Duke's Speech in the House of Lords] On the reading of the Report from the Lords Committee, his grace expressed himself in this manner, viz. "That as he had formerly protested himself to be free in this matter; so he still denied, upon his faith and honour, that he was guilty of any such corruptions as were suggested against him, and that if the whole truth were laid open, it would tend to his honour and advantage. That he would be very free in telling their lordships now before hand, all that passed, in which he was any ways concerned. And thereupon declared, that Mr. Bates introduced sir Basil Firebrace to him, and that be had had conferences with sir Basil upon the subject of the East-India Company, which Firebrace was concerned for. That some time after, Mr. Bates came and informed him that he was to have a sum of money of sir Basil; and desired his lordship to lend him one of his servants, Mr. Bates keeping but a footman, to receive the money, and so he lent him M. Robart. That his lordship knew nothing of the sum; but afterwards Mr. Bates came to him, and told him, he had received 35000 guineas, which he offered to him, telling his lordship that he had been very obliging and kind to him; and that, in acknowledgment of the many favours he had received from his lordship's hands, he humbly desired him to accept of them :which he refusing, Mr. Bates pressed him earnestly to take one half or a quarter; which he still refused, declaring he would not touch a penny of them; and told him, since he had taken them, he thought there was no need of returning them, they were his own, and wished him good luck with them, as I remember, said his lordship, I did once to Mr. Harry Saville, for whom I had a great respect; which reminds me of a story I must needs tell your lordships upon this occasion. He then related the story: That when he was Treasurer, the Excise being to be farmed, for which many put in, the bidders for it, who were to give in their proposals sealed up, having applied to Mr. Saville for his interest at court, he came to his lordship and desired that he would tell the gentlemen that put in, who were several, that Mr. Saville had spoke for them: What, said I, (proceeded the duke) would you have me tell all of them so, when but one is to have it? No matter for that, said Mr. Saville, for whoever has it will think I have done him this service; and I am sure of a good present, without more ado: So, my lords, when the men came, I told them one after another, sir, you are very much obliged to Mr. Saville; Sir, Mr. Saville has been very much your friend. A little after, when the thing was settled, Mr. Saville came and thanke me for what I had done: and told me he had got his present that he had expected; which I told him I was glad of, and wished him good luck with it, as I now did to Mr. Bates. And thus I was then a shadow to Mr. Saville, as I was now to Mr. Bates.' The Duke's Speech in the House of Commons.] The duke had proceeded thus far in his speech pray that no severe sense be put on what will bear a candid one, and that if it may be, the house would re-consider what is done, or at least preserve me from cruelty; and not let me lie on the rack and be blasted, until the parliament shall sit again. If you will proceed, when he received private intimation, That the commons were proceeding to impeach him: upon which he broke off somewhat abruptly; and immediately quitting the house of peers, presented himself at the door of the other house; and by the means of one of the members, caused the house to be informed, that heI hope it will be speedily, for I had rather want desired to be heard; which being complied with, he was admitted, with the usual compliments of a chair, and leave to be covered; after accepting of which he rose, and putting off his hat, expressed himself to the following effect: council, want time, want any thing, than be under yours or the nation's displeasure. I thank you again for this favour, and pray if you will not re-consider, that this matter may be brought to a determination, and that I may have at least your speedy justice." This Speech being ended, and the duke withdrawn, Mr. Comptroller attended by many members, went up to the house of lords with the impeachment; and the committee who were joined with the lords, were ordered to prepare the Articles against the Lord Presi dent. Debate thereon.] The commons taking the duke's Speech into consideration, a worthy member said, [D] said, By this noble lord's Speech, the point is now, whether the house will arraign the committee of both houses, or go on with their Impeachment. This noble lord, when he came to the matter, would not enter into particulars, but passed it over with excuse of wanting time. He makes no excuse as to the facts: his argument of a contrivance was, that the 5,000 guineas charged on him, was no part of the 40,000l. Firebrace was to account for. But this is an aggravation of the crime; for sir Thomas Cooke had a double Account, one with, and one without the 5,000 guineas; and this is an indication, that if there was a contrivance, it was not by the committee, but with "Mr. Speaker, and gentlemen of the house. In the first place, I thank you heartily for this favour of hearing me. I had attended sooner, if I had had the least intimation what the house was upon. I wish the dispatch thereof had not been so quick. The occasion of my coming is from the two Votes, upon the Report from the Committee of both houses; I did all I could to be informed of the particulars, but could not, nor have I any notes. I was earnest therein, finding myself concerned, and hearing of a Report, a monstrous long report, to the end that I might not be under the displeasure of either or both houses; it is a bold truth, but it is a truth: this house had not been sitting but for me.-I was formerly pursued by this house in two points, for being for the French interest and for popery; I had then, if I might have been heard, justified myself, as I hope I have since done, and shall by all the actions of my life. One Firebrace was introduced to ine by the means of Mr. Bates whom I have long known, and if I am not much deceived in him, I cannot believe that gentleman would have transacted such a matter if put upon it. The Evidence is but hear-sir Tho. Cooke, to trifle the enquiry, and consay, and I hope you will not condemn on bearsay. I would not take up your time by entering into particulars; but there is a Money-part, as well as a Treaty part; and as to the Moneypart, much of it is false; what is true, I have made no secret. I can, and do say, that neither directly nor indirectly, upon my faith and honour, have I ever touched one penny of the money. I observe a great deal of pains has been taken to hook and draw men in this matter by a side-wind, and Firebrace thinks his merit will deserve 10,000 and 30,000l. This 5000 guineas was no part of the 40,000l. The committee called in and examined several Witnesses; but Firebrace, after his first hearing, desired to be called in again himself, contrary to all rules, which shews at least that he is a very willing witness.-I have a thread which I hope to spin finer, and make it appear that this was a design laid against me, long before the naming of this committee; that warning was given me some time since, that this matter would be proved against me, and that Firebrace had been told, he should be excused if he would charge the duke: I ask no favour but your favourable justice. It will be a most unfortunate thing in point of time, to be under the displeasure of this house, or of the nation. ceal the corruption. The speedy justice of the house is to be wished and desired. If there is such a contrivance, such a thread as is mentioned by this noble lord, it is not to be doubted but the house where he is impeached will clear him. [T] moved, That a committee might be appointed to withdraw, to consider what was to be doue, in order to gratify that lord by speedy justice.' His friend Mr. Bates's tricking and contradicting himself, is more than the evidence of Firebrace. Who was his friend? Who was his servant? Those were questions not to be asked. M. Robart was a servant of my Lord President's, and is fled. Mr. Bates said, he kept the money in his house? What was be come of it? Sometimes he had spent it? Sometimes it was in his closet. He did own the money was not in his house on Sunday, but on Tuesday morning, M. Robart brought it to him; but he would never declare from whence he brought it. In the middle of these debates, a Message was sent from the lords, to acquaint the commons, That it was the opinion of their lordships, that the Discovery inade by sir Thomas Cooke was not satisfactory, nor so full as to entitle him to the benefit of the Act to indem nify him, and that their lordships desired the concurrence of the commons. They thereupon passed a Vote, as the lords had done, and sent it up by the lord Coningsby. April 29. The lords acquainted the commons that they had passed a Bill entitled, An Act for imprisoning sir Thomas Cooke, sir Basil Firebrace, Charles Bates esq. and James Craggs, and for restraining them from alienating their estates,' to which they desired the concurrence of the commons. Articles of Impeachment against the Duke of Leeds.] April 29. Mr. Comptroller Wharton and others, brought up the Articles of Impeachment against Thomas duke of Leeds, Lord President; which are as follow: ARTICLES OF IMPEACHMENT, exhibited by the knights, citizens, and burgesses in parliament assembled, in the name of them selves and of all the commons of England, against Thomas duke of Leeds, President of his majesty's most honourable privycouncil, for high crimes and misdemeanours. "1. That certain merchants trading to the East-Indies, having either forfeited their charter, or being under an apprehension that they had forfeited the same, and having made their humble applications to their majesties in council for obtaining a charter of confirmation; the said duke of Leeds, being then president of their majesties most honourable privy council, and sworn to give their majesties true and faithful advice, did, contrary to his oath, office and duty to their majesties, and in breach of the great trust reposed in him, by himself, his agents or servants, corruptly and illegally treat, contract and agree, with the said merchants or their agents, for 5,500 guineas to procure the said charter of confirmation, and also a charter of regulations, or to use his endeavours to obtain the same.-2. That in pursuance of such corrupt contract and agreement, the said duke of Leeds did, by himself, his agents or servants, receive or accept, from the said merchants or their agents, certain notes or securities, whereby he or they were empowered to receive the said 5,500 guineas upon the passing of the said charters.-S. That, soon after the passing of the said charter of confirmation, the sum of 2,500, part of the said 5,500; and soon after the passing of the said charter of regulations, the further sum of 3,000 guineas, other part of the said 5,500 guineas: were pursuant to the said corrupt contract and agreement, actually received by the said duke of Leeds, or by his agents or servants with his privity and consent. --And the said knights, citizens and burgesses, by protestation, saving to themselves the liberty of exhibiting, at any time hereafter, any other accusation or impeachment against the said Thomas duke of Leeds, and also of replying to the answer that the said Thomas duke of Leeds shall make unto the said articles, or any of them, or of offering proof of the premises, or any other impeachments or accusations that shall be exhibited by them, as the case shall (according to the course of parliaments) require; do pray, That the said Thomas duke of Leeds be put to answer the said crimes and misdemeanours, and receive such punishments as the same shall deserve; and that such proceedings, examinations, trials, and judgments, may be upon every of them had and used, as is agreeable to law and justice."* The Duke's Speech thereupon.] The Articles being read, the duke of Leeds, repeating several things to the same effect as formerly, said "That Mr. Bates desired that he would allow him to bring sir Basil Firebrace to him; and that he bid Mr. Bates take care of sir Basil, for he took him to be a very ill man; but Mr. Bates, said, he knew him very well: so after to bring him. That Mr. Bates and his lordship much intreaty his lordship permitted Mr. Bates had had a long acquaintance and friendship, and what he did in this manner was only to befriend him. His lordship added, "That this storm which was now fallen upon him, was some time a gathering: and it was promoted by a faction, and a party who had only a pique against him; and the king's business had been delayed on purpose. That he had an original Letter which gave him an account of this some time before it broke out; and it appeared only levelled against him, because none else were prosecuted: and there appeared a joy they could catch at this; for then they stopped; and sir Basil was treated with to discover only this part, and so he should be excused from any further discovery." His lordship concluded, praying a copy of the Articles of his Impeachment, and of the Report made by the committee to the house, which was readily granted. The Duke's Answer to the Articles.] April 30. The lords sent a Message to acquaint the commons, That the duke of Leeds having this day put in his Answer to the Articles of Impeachment exhibited against him, their lordships have sent a copy thereof to them. 6 The Answer was received and read, and is as follows: This Defendant, saving to himself all advantages of exceptions to the said Articles, humbly saith, That he is not guilty of all or any the matters by the said Articles charged in manner and form, as the same are by the said Articles charged against him. LEEDS." Upon the Duke's putting in the Answer, he again declared, before God, and upon his honour and conscience, that he was not guilty, and had great wrong done him in this accusation. The Duke complains of delay, and desires * This is the third time that Articles of impeachment had been exhibited in the House of Commons against the duke of Leeds. The first was in 1675, upon which the house resolved, "That there was not sufficient matter contained in them to impeach the Lord Treasurer. See vol. iv. p. 693. The next was in 1678, upon which lord Danby was impeached, to which impeachment he pleaded the king's pardon. See vol. iv. p. 1067, |