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361
HISTORY OF INDIA

Chap. VIII.] SIR THOMAS COOKE. 361

The lords sisted procedure with the bill sent up from the commons, and ad. 1095. introduced a bill of indemnity, which was ultimately passed. The preamble and leading enacting clause of the act are as follows: — " Whereas it a]>pears, by sir Thomas

Cooke's bill

the books of the East India Company, that Sir Thomas Cooke, knight, in the of iiidem- year 1693, being the governor of the said Company, did receive, out of the stock '" ^' and treasure belonging to the same, the sum of =£'77,258, and hath also received out of the stock and treasure of the said Company the further sum of <£^90,000: And whereas a true discovery of the distribution and application of the said several sums of money will be of public use and service, and is necessary to the vindicating the justice and honour of the government ; and the said Sir Thomas Cooke hath voluntarily offered to make such discovery, so as he may be indem- nified in such manner as is hereafter mentioned and provided: Be it therefore enacted, by the king's most excellent majesty, by and with the advice and con- sent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that, if the said Sir Thomas Cooke shall, on or before the 23d day of April, 1695, make a true and full discovery on oath, before a committee of the lords and commons, to be appointed by each house for that purpose, how and in what manner, and to what jierson or persons, and to what particular uses, intents, and purposes, and on what account, the said siun of <i?90,000, and the sum of ^^67,000, part of the said sum of i;'77,258, have been distributed, paid, applied, disposed, and made use of, then the said Sir Thomas Cooke shall not, by reason or means of such discovery, be liable to any action or suit of any person or persons whatsoever, other than the said East India Company, nor shall such discovery or confession be allowed or given in evidence against him in or upon any action or suit, other than as aforesaid ; and also shall be declared pardoned and indemnified for any crime he may be guilty of in the distribution, payment, application, or disposal of the said money, to any person other than to himself"

When examined before the committee of both houses appointed in terms of uis this act, Sir Thomas Cooke produced a written statement, entitled, " A true and full discovery, upon oath, made by Sir Thomas Cooke, to the best of his know- ledge, &c., . . . which discovery is in pursuance of an act of this present session of parliament." This statement contained the names of the various parties to whom ca.sh had been ]>aid to the amount of ^67,031, IBs. 2(1., and of othei"s from whom East India stock, to the amount of i^90,000, had been bought for account of the East India Company. Among the cash items were oiMO,000 "delivered to Francis Tyssen, Esq., for the special service of the Company;" ^10,000 to Mr. Richard Acton, "to defray the expenses of him.self, and for his friends' soliciting to prevent a new settlement of an East India Company, and to endeavour the establishment of the old;" oPl 0,000 to Sir Basil Firebrace, "in recompense of his trouble in prosecuting the Company's affairs, and in consider- ation of other losses he had su.stained 1>y neglecting his own business, and by VcL. I. 46