Mr. Bates upon his Examination Deposeth,

THat Sir Bazil Firebrace did apply himself to him to use his Interest for obtaining a Charter for the East India Company, the old Charter being forfeited, and told him, this Deponent, they would be very grateful for it, but cannot remember whether 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 publickly for confirming the Charter, and thought the forfeiture an hardship.

That the Lord President had often shewed himself his Friend.

That he received three Notes for 5500 Guineas in the whole, that he sent a servant for the Mony, but cannot say the time: that he told the Lord President what sum he had, and would have pass'd it upon my Lord, but my Lord refused; whereupon this Depo∣nent, in regard he could not tell mony himself, did ask leave of my Lord that his servant might tell the mony, to which my Lord answered, he gave leave, and accordingly Monsieur Robart did go and receive the mony.

That he had not the Notes till after one Charter had pas•d; but he saith that the Notes were given all together at one time, and that he, this Deponent, gave no counter Notes when he received them. But afterwards being Examined to the same matters, was not positive that counter Notes were not given. That he •hinks when he had the first treaty with Sir Bazil •ir… that Sir Bazil did say, he, this Depo∣nent, should have a sum, and thinks he named a par∣ticular sum.

That 500 Guineas were received before June last, and the other 5000 Guineas afterwards.

That the said Notes were not out of his Possession from the time that he first had them, to the time he gave them to Monsieur Robart to receive the mony, who after he had received the mony, brought the same to him, which hath remained in his, the Deponent's, Pos∣session in his own House, till he paid 4400 Guineas thereof back again to Sir Bazil, which was upon Monday or Tuesday last, as he takes it; and being ex∣amined again to the same matter, saith, that these 4400 Guineas paid back to Sir Basil, were in four Bags, with 11 hundred Guineas in each, brought to him by Ro∣bart within a Month last past. As to the 6•0 Guineas remaining of the 5 00; he at first said he had spent the same; and being afterwards examined to the same matter, did say they were at home in his Study, but he may have spent some.

The reason why he paid back the 4400 Guinea's was the noise that it made: and that People may think that he did not deserve them.

That the 5500 Guineas were for his own private use, and that he might have given them to his Foot∣man.

Sir Bazil Firebrace Deposeth, That the East India Company's Charter being Forfeited, Sir Th•. Co•ke and others app•yed themselves to him, observing him active, and to have interest among Noblemen, to en∣deavour the procuring a New Charter. That Sir Thomas Cooke was apprehensive that it stuck with the Duke of Leeds, had told him, this Deponent, that some way must be •ou•d 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 he told Mr. Bates he thought a Present would be made of 2 or 3000 l. Mr. Bates told him he went to St. James's, and said he had spoke with his Friend, and that more had been offered on the other side. At an∣other Page  11 time he said more was offered by our side, and at last said that 5000 l. had been offered by another hand on the same side: upon which he, this Depo∣nent, did not come up to the Market.

He acquainted Sir Thomas Cooke with this Proposal, who said, if it was insisted on it must be done, and so it was agreed to offer 5000 Guineas.

Bates said, this was nothing to him, that he ought not to be imployed for nothing; on which this Depo∣nent was forc'd to go back to Sir Thomas Cooke for new Ordess; and so 500 Guinea's were given to him be∣sides. At first Bates said, he would undertake no fur∣ther, than that the Duke should not oppose, but be si∣lent; because he did not know but the Duke had en∣gaged himself by speaking on the other side. That he, this Deponent, did except against this, because he could not let the Company's money go for nothing: and it would reflect upon him if nothing appeared to be done for it.

It was agreed, that if the Duke did act in favour of the Company, he should have two or three thousand Guineas, and Bates 500 Guineas to himself. He this Deponent would have put off his 500 Guineas to the last, to engage him to take the more pains; 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 for a Note of 30•0 Guinea's, which he promised not to call for till the Charter should pass; the Original Mr. Bates had back when the money was paid, and he this Deponent had not taken a Copy of the Counter∣note for 25•0 Guineas.

Thot after the first Chatter was passed in October, 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 pas∣sing the second Charter; for the time the Notes were given we had free access to my Lord President, and found him easie and willing to give us his Assist∣ance.

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 President did not assist the Company in passing the Charter; to which this Deponent made an Alterati∣on, by putting out my Lord's Name, and making it not payable in case the Charter should not pass, or to that Effect. Bates said, it came from his Friend at St. James's.

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: and afterwards told this Dep•nent, It was a mistake: that he had brought in •••d, which accord∣ing to the computation, came to the same sum.

That when this Deponent told him, that Sir Tho. Cooke would not take the whole back, Bates said, he could give no answer to it till he had spoke with his Friend.

This Deponent saith, that on Monday last 5• Gui∣neas were left at his House by Mr. •i•e, a Friend of Sir John Trevor's, who said he brought it from Sir John Trevor, to whom Sir Thomas Co… had before paid it with his own hands, under colour of an Ar∣rear for four or five years, as he had been Commis∣sioner of the Great Seal; and that he, thi• Deponent, was present when Sir Tho. Cooke gave it: And ••••e was at another time 200 Guineas ord•red 〈◊〉 •e gi∣ven to him the said Sir John Trevor as a New Years-Gift, by Sir Joseph Hern.

That as to 20000 of the 30000 l. before menti∣oned, the sums were not actually paid till since •••y-••y; and to the other 10000 l. he hath it now in stock in the East-India Company.

That as to 5000 l. part of the said 30000 l. he did design one third thereof to Sir Ed. S…, one third to Sir John Trevor, and one other third to Mr. Guy.

That he offered the same to them by Mr. Guy: but Mr. Guy told this Deponent they did not d… to med∣dle with the stock, but would do any service they could to promote getting the Charter.

Sir Edward S•ymour afterwards meeting him, this Deponent, chid him for making that Proposal, and told him, If he made any more such proffers, he should never have any thing more to do with him.

That he, this Deponent, did tell Mr. Guy, that the advantage to them in passing the Charter, an Act would be worth 10000 l. among them.

That he, this Deponent, did intend a distribution of all the 3000• l. in manner following, viz.

To Sir Edward Seymour, Sir John Trevor and Mr. Guy 10000 l. in case the Charter and Act of Parliament passed; to the Merchants interlopers 10000 l. and to himself 10000 l.

That he, this Deponent, thought himself oblig'd in honour to pay the two thirds of the 5000 l. when received, to Sir John Trevor and Mr. Guy, the other third he intended for Sir Edward Se•mour, he kept for him self.

Sir John Trevor did some time afterwards give this Deponent some hints of his expectation.

Mr. Acton delivered in an Account in writing of the Persons among whom he had distributed several Sums of Money, which Account is here∣unto ann•xed.

HE saith Mr. Wallis had a sum of money given him, which is included in Craggs's money, in his Account mentioned.

Several Gentlemen of the Committee of the E•st-India Page  12 Company, that were appointed for inspecting the Books, and examining the Accounts of the East India Company, attended, and delivered in some Papers drawn up in the Nature of a Report to that Company; a copy of which is hereunto annexed.

Sir Jesias Child being examined, said, he never dis∣posed of 10 l. of the Company's money, to his Re∣membrance, always affecting Ignorance in that mat∣ter; said, He did recommend Mr. Acton, as being an honest man, and thought he may do service to the Company in Parliament, because of his Acquaint∣ance; That he did Recommend, that a Present of of 50000 l. should be made to the King, if his Ma∣jesty would so far wave his Prerogative, that an Act of Parliament might be passed for setling the Com∣pany; That Mr. Tyson told him the King would not meddle in that mattet.

That he knew nothing of the 40000 l. paid to Sir Basil Firebrace; says, there was a kind of a Commit∣tee of 25 Persons that sate de die in diem, to destroy the Company; and he told Sir Thomas Cooke, that he thought Sir Basil the fittest person to divide them.

Mr. Atwel produc'd his Cash-books, by which it ap∣pear'd that,

And said the money was paid by Order of Sir Thomas Cooke.

Mr. Bates being again examined, said he believed the money might be paid as the books expressed; and further owned, that he had not 4400 Guineas in his house on Sunday Night last; but that the 4400 Gui∣neas which he paid back to Sir Basil Firebrace, were brought to him by Monsieur Robart, on Tuesday morn∣ing last, 8 of the clock.

Mr. Tyson being examined, said, That Sir Thomas Cooke and Sir Josias Child, gave him a Note under their hands for 50000 l. which was intended to be presen∣ted to the King, if his Majesty would pass an Act of Parliament as they should desire.

That he acquainted the Lord Portland of the Com∣pany's intention to make such a Present, who told this Deponent that the King would not meddle with it.

Being asked, whether he had offered the same to the Lord Portland; he deny'd he had so done, saying, If he had, he must never have seen his Face more.

He saith, that when he was examined before the House of Commons, he did not take it, that the 10000 l. offered his Majesty, was included in the sum charged upon Sir Tho. Cooke, being before the date of any Or∣ders for that money.

Mr. Craggs being examined, gave in an Account how he had disposed and applied 4540 l. with which he was charged by Mr. Acton; which Account is here∣unto annexed. He denies that ever he paid any money to any Members of Parliament.

26. April 1695. The Receipt then pro∣duced by Sir Bazil Firebrace.

I Charles Bates of Westminster, Esq; do hereby acknow∣ledg to have received of Sir Thomas Cooke, of Lon∣don, Knt. one Note signed by William Atwell, for him∣self and Compartner, dated the 8th Instant, and payable to my self for 3000 Guinea's, which I promise not to receive or alter the property of, till such time as the Cha•ter, now depending before their Majesties, for making of Regulati∣ons, Alterations and Additions, to the Charter and Stock of the present East India Company, shall pass the Great Seal of England; and in case the said Charter shall not pass the Great Seal on or before the 25th day of March next, I do hereby for my self, my Executors and Admini∣strators covenant and agree to and with the said Sir Tho. Cooke his Executors and Administrators to restore and re∣turn the above-mentioned Note in the same manner I re∣ceived the same: But if the said Charter shall pass the Great Seal on or before the day above-named, then the Mony mentioned in the said Note to remain to me without further account for the same, witness my Hand this ninth day of September, 1693.

Mr. Actons Account read, 26. April 1695.