Serj. Wright. It is laid in the indictment, that the bond was of the penalty of 40,000l. to be paid by sir R. Clayton, with condition thereto under-written, concerning, among other things, the payment of 20,000l. to the prisoner, after the death of sir Robert Clayton, by his executors. L. C. J. Holt. Let your exceptions proceed from the indictment; it is to be paid after the death of sir Robert by his executors. Serj. Wright. Have you any more to say for yourselves? Mr. Hall. We have a great many witnesses here to prove her reputation. It is a strange thing any one should go to forge a bond on such an eminent person. L. C. J. Holt. It is strange indeed; but the question is, Whether it be true? Mr. Hall. Her confession is proved by Mr. Baker; but we have many witnesses as to her reputation. L. C. J. Holl. How long have you lived in Red-lion-street? Glover. Ten or eleven years. Mr. Mallet. How did she live? square very reputably; I always thought so. Glover. I knew her live in DevonshireSerj. Wright. Had she any estate of her own? Glover. I cannot say so certainly; it was tually. thought so. She paid every body very pune have known her, and whether you think she Mr. Hall. Acquaint my lord how long you would be guilty of such a forgery? Glover. I have known her 14 or 15 year I cannot believe she would. Mr. Montagu. Have you heard the evidence?-Glover. Yes. suppose nobody would confess, if they were not Serj. Wright. Do you know one Hebdon? Was he sir John Hebdon's son ? he has had a very honourable character. then?-Glover. I know not what to think. Mr. Montagu. What do you think of it Mr. Mallet. This bond is not in the indict-fess herself guilty of a forgery, if she were not? Mr. Montagu. Do you think she would con ment. The bond of 40,000l. is several years since. Now there are two bonds. Now that of 54,000l. is not in this indictment, and this of 40,000l. is several years since that it was shewn to him. It is strange he should be so very exact, and yet did not examine it. And probably he might mistake in the copy, and it may not be the very bond in the indictment. Now, as to Mr. Baker; it is true, we have a bond of 5,000l. from the duke of Buckingham, and we are suing sir R. Clayton for this money, and hope to have it, now after so many years. And sir R. Clayton did prefer a bill in Chancery against us, and we in answer did disclaim having any such bond. And now, when we are like to have a decree for this sum against the trustee of the duke of Buckingham's estate, he comes and would take off our credit in this matter. We did, in the year 1695, disclaim any such bond. Mr. Northey. Then you do admit that she owned the bond. [Then her witnesses were called.] Mr. Mallet. Mr. Glover, do you know Mrs. Butler?-Glover. Yes. Mr. Mallet. Give an account of what you know as to her reputation. Glover. I have known her 15 or 16 years. L. C. J. Holt. Where do you live? L. C. J. Holt. How do you live? Are you a house-keeper? Glover. I live privately at present. Mr. Northey. I do not intend to give any character of you, I do not use to give characters of my clients. [Mrs. Rodum called, and appeared.] ̧ Mr. Hall. Mrs. Rodum, do you know Mrs. Butler?-Rodum. Yes. Mr. Hall. How long have you known her? racter? Rodum. I am the widow of one of them that killed one another by the Temple. I never knew of any bond, nor never heard her claim to She was in my house when my husband wa any such bond. She lived in good reputation. killed. She lived in my house about a year; I never heard she made any such pretension. She lived honestly and decently. She ower me upwards of 3001. L. C. J. Holt. For what? How caine she to owe you 300%.? Rodum. I kept a shop in the Exchange, and my husband was a broker. She owed it me partly for goods out of my shop, and partly for half a year ago, and I have kept the shop still. goods out of Scotland. He was killed about About three or four months ago she left me, and I never heard of any bond." Serj. Wright. Did you never hear of a bill in Chancery against her?-Rodum. No, Sir. Mr. Mallet. Did you hear of any money that was due to her from the duke of Buckingham? Clayton for money that was to be paid her on Rodum. I was told she was suing sir Robert the duke of Buckingham's account, and upan the credit of that I trusted her. [Shaw called.] Mr. Hall. How long have you known Mrs Butler ?-Shaw, About sixteen years. Mr. Hall. Do you think she would forge a Shaw. Indeed I cannot give an account of that. ess. Serj. Wright. Put up more witnesses if you lave any. Mr. Hall. We have done. L. C. J. Holt. Mrs. Butler, will you say ny thing for yourself? Mrs. Butler. I am altogether innocent in the matter, I never wronged sir Robert Clayton, or any body else, in my life. L. C. J. Holt. Gentlemen of the jury, this Irs. Butler, alias Strickland, stands indicted or forging a bond in the name of sir Robert Clayton, in the penalty of 40,000l. the condiion for the payment of 20,000l. among other hings, within six months after the death of sir . Clayton. And also, that she did publish his bond as the true bond of sir R. Clayton. You have heard what evidence has been given, prove her guilty of this forgery, and the ublication of it. disclaimed in Chancery the having of any; some time after he had heard a report, as if she was setting up of a new bond, and that Mr. Woodward could give an account of it. Wherefore he sends Mr. Baker to Mr. Woodward, who gave him the same account that he has done here. Then sir Robert makes a complaint, and has her brought before me; and there was Mr. Woodward with this copy. And this was objected to her, as if she had forged this bond. And it seems, when she was there under examination, and is proved to you by Mr. Baker, she did plainly confess, that she had forged this bond of 40,000l. and that she had procured one Lewkar to do it for her, who set sir Robert's name to it; and said, that the witnesses, whose names were set to it, were innocent, and knew nothing of the matter. ness says, she looked on her to be a very honest person. This is the sum of the evidence. Now what is said for her on the other side? They bring some persons for her, that say they have known her. One, that says he belonged to Lincoln's-inn, and had been acquainted with her fourteen or fifteen years, and did look upon her as a civil woman; and for his part, he does not believe she would be It seems, some time since, as is proved to guilty of such a forgery. Another, who is a ou by Mr. Woodward, this gentlewoman woman, says she has known her some time, ame to him with this bond of 40,000l. And and she says, she has trusted her much, and I was upon this account, as she said: To wit, did never hear her say any thing of this bond, ir R. Clayton having given her this bond, it but she behaved herself civilly, and she took ad taken air, and was come to the lady Clay-her to be a very sober person. Another witon's ear; which occasioned some difference etween sir R. Clayton and his lady. She said, hat this bond, by direction from sir Robert, There is a very strong evidence to induce you was to be delivered up to him to be cancell- to believe that she did forge the bond. Such a d; and that sir R. Clayton had engaged to bond she had, that is plain. She does give no enter into a new bond in the penalty of account what is become of it; and she does 34,000l. for the payment of 26,000l. (there not shew any manner of pretence of having so being at that time supposed an arrear of interest much money from sir R. Clayton due to her; or 20,0001.) payable after sir Robert's death, she does not make it appear, why sir Robert and interest in the mean time. She delivered should give her a bond upon any account. this bond to Mr. Woodward. He takes a copy Now, for any to say that they knew her, and of it, which is produced and read. And so, ac- they do not believe she would forge a bond, cording to her direction, Mr. Woodward does that is no evidence; nobody ought to believe draw another bond, with the penalty of 54,000l. ill of Mrs. Butler, or any one else, unless it be and she then told Mr. Woodward sir Robert made to appear. But the question, is not, would seal this bond upon the delivery up of what they do believe; but whether the matter the bond of 40,000l. Mr. Woodward having be proved to you to your satisfaction that she considered, that it was an extraordinary sum for has forged this bond? And if you are satisfied sir Robert to engage himself in, and he be- that she did forge it, you ought to find her ing a very considerable man,' he advised guilty; and if you do not believe the evidence her to have this new bond well attested; to be satisfactory, you ought to acquit her. and to be sure to get witnesses of unquestionable credit to see it executed. thereupon he offered himself to go with her to sir Robert, to be a witness to this new bond. No, says she, sir Robert is not willing that this should be known; you are not a proper person to be a witness to it; therefore, says she, I will get some other witnesses to attest it. Whereupon he gives her this first boud of 40,000l. which she brought to him for the payment of 20,000l. and gave her also the draught of the new bond. He says, this bond that she brought to him was attested by four witnesses. Robert, it seems, upon her answer in Chancery, Sir not imagining any thing of this, she having And ed, [Then the Jury withdrew, and being return- Cl. of Arr. Are you agreed of your verdict? Cl. of Arr. Who shall say for you? How say ye? Is the prisoner at the bar guilty The Judgment which the court pronounced 500l. to the king, and continue in prison till she against her was, That she should pay a fine of paid it. 407. Proceedings in Parliament against THOMAS Duke of LEEDS, on an Impeachment of High Crimes and Misdemeanors: 7 WILLIAM III. A. D. 1695-1701.* April 27, 1695. THE House of Commons having read a Report from a Joint Committee of both Houses relating to the distribution of Money by the East India Company, the following Debate arose:† [B] stood up and said, Mr. Speaker, I conceive there is a necessity 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 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. 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 upon this occasion, the 50,000l. was pressed upon him, did absolutely earl of Portland, he, when the great sum of refuse it, and told them he would for ever be such thing to him. I having thus mentiones their enemy and opposer if they offered any the innocent, must say somewhat of the guilty. A stop having been put, the duke of Leeds must be applied to; certainly there never was a whom we might have expected to have been more notorious bribery, and that in a person 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 endeavour to remove such a person from the king's couned and presence. What security can the nation [D] Mr. Speaker, I do fully agree with the worthy person near me, that there never were greater and more general instances of corrup-have, when we are bought and sold to one antion, and necessity of speedy remedy. That it is very fit this House should let the world see 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 * 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. This is the third time that Articles of Impeachment had been exhibited in the House of Lords, against him. The first was in 1675, upon which the House resolved, "That there was not sufficient matter contained in them to impeach the Lord Treasurer;" the second was in 1678, see vol. 11, p. 599. +From "A Collection of the Debates and Proceedings in Parliament, in 1694 and 1695, upon the Inquiry into the late Briberies and Corrupt Practices," other? 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 mas 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, he 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 East ludia Company." last should say that which I hope he did not [E] says, I wonder the gentleman who spoke 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] auswered, 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 privy-counsellor. Justice is not to be sold by the common law. But there are parliaments to punish such crimes, and it is hoped there will be still. [M] says, it seems doubtful whether there he 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 transgression. Resolved, "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 Thomas Cook's account, That there is sufficient matter to impeach Thomas duke of Leeds, president of his majesty's most honourable privy-council, of high crimes and misdemeanors." Resolved, "That Thomas duke of Leeds, Sce. be impeached of high crimes and misde meanors." duced sir Basil Firebrace to him, and that he 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 bave 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 5,000 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 interest at court, he came to his lordship and sealed up, having applied to Mr. Saville for his desired that he would tell the gentlemen that put in, who were several, that Mr. Saville had spoke for them: what, said 1, (proceeded the when but one is to have it? No matter for that, duke) would you have me tell all of them so, 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 thanked 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 COM MONS, The Duke had proceeded thus far in his Speech 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 he 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 put 4 M 7 WILLIAM III. Proceedings against the Duke of Leeds, [1208 1267] my 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 Prepare the Articles against the Lord Presi dent. Debate thereon. into consideration, a worthy member said, The Commons taking the duke's Speech point is now, whether the House will arraign the [D] said, By this noble lord's Speech, 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: bis 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 con trivance, it was not by the committee, but with ceal the corruption. The speedy justice of the House is to be wished and desired. If there i 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. "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 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 me 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 hearsay, and I hope you will not condemn on hear-sir Tho. Cooke, to trifle the enquiry, and con say. 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 mcrit will deserve 10,000 and 30,000l. This 5,000 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. I 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, I hope it will be speedily, for I had rather want council, want time, want any thing, than be under yours or the nation's displeasure. 1 thank you again for this favour, and pray if you will not re-consider, that this matter may pointed to withdraw, to consider what was was sent from the Lords, to acquaint the Cot mons that they had passed a bill entitled, |