bis dad 1732.—to the Charitable Corporation. [1138 withstanding a large balance of 45,000l. was remaining in Robinson's hands, who had 17. per. cent for circulating their notes, which the examinant frequently spoke of to the Com mittee, but was as often answered by Bur same was not performed; and having observed, that about 400,000l. was lent out upon pledges, and imagining, that the house on Lawrence Pountney Hill was not sufficient to hold so great quantities of goods, and having never seen an account for warehouse rent, the exami-roughs and Squire: That sir Robert Sutton, nant went to Thomson, and asked him about the same, who thereupon took down a great parcel of keys, and informed the examinant, those were belonging to the out warehouses, in in which the goods were lodged; that when at the Committee of Accounts, at first the pledge book was laid before them, but afterwards wholly neglected; but what books were laid before them were examined; and particularly remembers, the notes, that were paid off, which ENCE! when filed, were brought to the Committee of accounts, with the note book and cash books; and the same chequed by three of them. And saith, That he does not remember the method used in issuing money on pledges; but believes the certificates were sent to Tench by Thomson, and notes made out upon them; but doth not remember, that Tench's cash book with Robinson's was ever chequed. The examinant said, That one Clarke was chosen surveyor of the warehouse, and remembers a report was made by the said Clarke of goods not being sufficient to answer the money lent; and at the end of 13 weeks the examinant heard Clarke was discharged upon the instigation of Thomson, but doth not recollect the particulars for which he was turned out; and that he was not present at the time when he was discharged. That the first time the examinant was at a Committee, was on the 21st of April, 1726, and on the 13th of May following Mr. Thomson moved the court, that the key of the warehouse kept by the accomptant might be left with Mr. Lovell for the same purposes; and between the said times the examinant had but little knowledge of the Corporation's affairs, being only 22 days. That after he came in to be a proprietor, there was a select comimttee for examining the books of accounts; but in a short time afterwards an order of committee was made, that all, that come to the Committee of Accounts, should have voices: That the accomptant, before the last dividend was declared, was ordered to make out an account from the pledge books, in order to declare the same: That being asked if the same was examined by the Committee of Accounts, the examinant replied, that he did not know; but has since heard, that there was an error in the same: And before the accomptant brought it to the general court, the court was up, and the dividend was declared without their seeing the same; Burroughs saying, in his opinion they were able to divide 3s. per share; and the examinant was not at that general court. And the examinant further said, that about the beginning of May last, it was thought convenient at a Committee, by some gentlemen then present, to coin 60,000%, new notes, notVOL. VIII. Mr. Molesworth, Mr. Bond, and Mr. Aislabie were for reducing the said balance: That two books of 30,000l. notes each were coined to supply the want of money; and does not re member he had any discourse about coining the said notes: And the examinant said, some time afterwards he was present with Mr. Molesworth, sir Robert Sutton, sir Archibald Grant, Burroughs, Squire, and others, when the said notes were cancelled, and helped to burn them: And doth not remember of any debate at the Cominittee upon coining the said notes, or upon destroying the same; and does not know of any promise made to the Bank about issuing no more notes: That he heard a letter was sent from Mr. Torriano with a key in it to sir Robert Sutton, and that the said key was delivered to Squire. Mr. George Jackson being further examined, said, That 60,000l. notes were coined as he be lieves, between the 10th and 15th of May, and Mr. Wainwright was asked to sign the same, but answered, it would be time enough, when the same were issued; and at the same time the said notes were ordered to be coined, it was, as he believes, with the general consent of all the gentlemen present, and believes, the minutes, which were on loose papers of that proceeding, were locked up in the chest with the notes, and were wrote by Mr. Burroughs, who frequently acted as secretary, and believes the same were not thought to be convenient to be entered in the minute book; that the reason, which was assigned for coining the said notes, was, that old notes, to the amount of 100,000%. and more, were then near due; and it was thought if Robinson should be pressed for the large balance of cash in his hands, it would do him a great injury, and be prejudicial to the company: And the said Robinson proposed to pay the dividend provided the Corporation would assist him with 4,000l. bonds; and be lieves it was the general sense of the gentlemen, that the said balance should be taken, as Robinson could pay the same. That the examinant apprehends this large debt was created, when the Corporation was under the consideration of parliament, when large sums of money were paid into Tench's hands, and by him paid to Robinson, without being observed by the Committee, who were then busy; and apprehends, it was upon some valuable consideration given to Tench by Robinson for paying the same, which when the same was known, there was an uneasiness among the gentlemen, that they should pay 17. per cent. for circulating their notes, when at the same time Robinson had such large sums of money of the Corporation in his hands; but it is probable Mr. Burroughs, Squire, and sir Archibald Grant, were not so uneasy, as 4 E believing, by what has since happened, that | person, or what became of the 2,000 shares apthey were concerned with him. propriated for the payment of the Corpora tion's debts. That being asked, what reason was given for cancelling the said 60,000l. notes, the examinant said, that about a short time after the same were coined, it was said, the notes were in disreputation, and it was proposed by Mr. Warren to issue bonds in the room of them, notes not being so well approved of, as bonds would; and believes, the order made for issuing bonds was prior to the cancelling the notes. That he heard, sir Robert Sutton brought or sent a key to the Committee the 13th of May last (which the examinant heard was sent to him from Mr. Torriano) and an order was made for delivering the same to Mr. Squire. That he did not know it was designed to cancel the said 60,000l. notes, till he went into the Committee, and found sir Robert Sutton, sir Archibald Grant, Mr. Molesworth, Mr. Bond, and others, were cancelling the same, and helped them; and believes, the same was done by the general consent of the Committee. That he never had any private meeting with Robinson, after he came from France, but saw him, when at the Committee on Lawrence Pounteney Hill, and had no discourse with him. That he apprehends the assistants had not the same power as the Committee, they being only appointed by a general court to assist them, when the seven committee men are appointed by the charter. Mr. John Moody, one other of the Assistants, being examined, said, that at Christmas, 1726, he was chosen an assistant, and looked upon the same as only nominal, and not warranted by the charter. That he was once in company with Robinson, when he came from abroad, and asked him in what manner the Corporation's effects were embezzled; Robinson said, he did not know, and went with Thomson to be informed of the same. Mr. Benjamin Robinson, another of the assistants, being examined, said, that when he became a proprietor, he was chosen an assistant, and attended very often at the Commit tees, and summed up the books, chequed the notes, and did not apprehend but every thing was managed right. That the most active men were Mr. Bur roughs, Mr. Squire, Mr. Bond, Mr. Mann, sir Archibald Grant and Mr. Torriano, who governed the said Corporation; and business of moment was generally prepared at private meetings by them, before they came to the Committee; and what they said was a law at the Committee. That he has often told them their minutes were not regularly kept as in other corporations, and proposed the same to be signed, which he took notice were not, the same being taken on loose papers, and very often by Bur roughs, who would not send the same to Higgs, the secretary, to enter in the books. That no notice was taken of what he proposed; that he likewise often moved that the warehouses should be inspected, and that the Committee should have keys, that they might visit the same, when they had a mind; but the same was not done. That formerly the accounts of warehouse rent, and in what parts of the town they were in, with the qualities of the goods in the same, used at first to be laid before them; but when he has proposed the same method to be revived, Burroughs and Squire have opposed the same, saying it would be an innovation to alter the method they now used, which they thought right. That being asked, if Mr. Torriano hath not often moved the same questions, he said, he doth not remember he ever did. And being asked, if he knew in what manner the licences were obtained, the examinant said, he did not; but remembers that sir Robert Sutton brought the last licence to the Committee: and it was moved by Squire and others, that the thanks of the Committee should be returned to sir Robert Sutton for obtaining the same. That he never mistrusted any embezzlements had been made of the Corporation's effects, till last session of parliament; and about July last Mr. Aislabie and the examinant mentioned it at a Committee to sir Archibald Grant, and heard Mr. Mann propose to have the warehouses inspected; and the examinant likewise mentioned it to Robinson, who said, that as Thomson was going to quit, they would be searched in course. That he never was at any private meetings with the directors, nor knows what steps were taken for obtaining the two last licences. That he was of the Committee of Accounts, which at the first was a select Committee, and the books and accounts were ordered to be laid before them; as also an account out of the Pledge Book, which Thomson declined; upon which Mr. Wainwright the accomptant, was ordered to make out an account weekly from it, and lay before them; and frequent reports were made from the said Committee; but when an order was made in 1727, for all that came to have voices, no reports were made, and the several books That he remembers a debate at the Com❤ were locked in a buroe, and the key kept by mittee about issuing bonds, when it was said, Mr. Burroughs; and the cheques were taken they were not justified by the charter in so dooff, hefore the examinant was chosen an as-ing; but sir Archibald Grant, Mr. Bond, Mr. sistant; and does not know, that Thomson and Burroughs and Mr. Squire, said, they might do Robinson paid in money upon shares for any it in exchange of their notes; and has heard That being asked, if he knew of any money or shares in any shape given to any person for services done in parliament, or of any demands made for services, the examinant said, he did not. Mr. Turner of Grays Inn say, that he would not lend his money on their notes, without their seal was affixed to them; and remembers he was present, when the seal was affixed to bonds for several thousand pounds; and remembers they were often making of notes. That he has often been at the Corporation house, before the rest of the Committee came, and used to walk about the warehouse, and has seen large quantities of goods there, but was informed by Thomson, that there were goods in the India warehouses, and also in the King's warehouses; and never had any mistrust but the same was true. That in August last the examinant went abroad into Spain, on account of the English copper mines company, he being governor thereof; and while he was at Madrid and other places, he heard it talked of, that there were great confusions about the companies in England, but never beard the truth of it until he arrived at Falmouth. Mr. Benjamin Robinson, being further examined, said, He had seen the Minute Books of July last, when the bonds were made, and found the Minutes wrong entered in this particular, where it mentions only two of the Committee to be present; he said he attended twice in all, when bonds were sealed, and knows there was a full Committee present each time, besides the assistants that attended; and this can be evidently made appear by the cashier and clerks, that attended the Committee. That the assistants were not at the beginning of the Corporation, but chose by a subsequent general court; and they looked upon themselves to have no power, but by the direction of the Committee, who approved or not, as they pleased; neither was it in the power of the assistants to reject or prevent what was proposed by the Committee; and to do Mr. Molesworth justice, he has often moved to have an examination of the warehouses, and of Mr. Thomson's accounts of sales, but it was never agreed to, as this informant knoweth of; and saith, he hath heard Mr. Thomson complain to the committee of accounts of Mr. Molesworth's treating him in such a manner, that he could not serve the Corporation with such usage, or words to that effect, and that he had desired Mr. Beake to acquaint Mr. Molesworth therewith. That about Lady Day 1728, when the trade and business of the Corporation seemed to in⚫crease pretty much (as this informant then apprehended) he proposed to have a committee of warehouses in the manner of the English copper company, but it was not agreed to; after this he said, he did not attend the committee of accounts for the space of above 18 months, except twice or thrice, as may be seen by the committee books, and what passed in that time, he cannot tell. That he never took upon himself to direct any thing, but submitted to the other gentle men who had large shares and property in the Corporation, he being but a small proprietor, and never bought or sold any, since he first en tered into the company, and was continued and kept in at former elections, for to give place and oblige a larger proprietor, when such a one could be brought in, that might advance the interest of the Corporation; and for that purpose a warrant of attorney hath been long left at the office to disqualify bim, whenever another was found to put in his room; and when he was last elected an assistant, it was without his knowledge, being then, and for four or five months before, in Spain, and contrary to his desire, before he went abroad; and has not acted in or accepted of the office, since be returned, which was the 20th of March instant. Charles Waller, esq. one other of the assist ants, being examined, said, that he was chosen in an assistant in December, 1726, and could seldom attend, and never heard of any embezzlements having been made of the Corporation's effects, until Thomson went away; when on the Friday following Mr. Moody came to him to the Fleece Tavern, and informed him, that Thomson was gone off; whereupou Mr. Moody and he went to the Pope's Head, and sent word to the Corporation house, that he should be glad to see some of the gentlemen, if they should come near the Exchange; and then he first heard, that it was suspected Robinson was likewise withdrawn. That being asked, if he knew what was become of 2,000 shares appropriated to pay the Corporation's debts, the examinant said, he did not; and further said, he did not know how the second or third licences were obtained, but heard the third was expected, and had a letter sent him to dine at Pontac's, when the third was granted, but that it was then publicly known. And being asked, if he was at sir Archibald Grant's at any time when Jones the auctioneer was there, said, he was with sir Archibald, who was dressing himself when Jones came into the next room; and sir Archibald Grant went to him, but does not know what passed, or recollect, that he went into the room, whilst Jones was there; that sir Archibald sent a letter to the examinant the night before to come to him next morning, and had been with him often before, on account of the opposition then made to the Corporation in parliament. That he knows not of any money or shares given to any person during the Corporation's being before parliament, or ever heard that any person had made demands for services done the Corporation in parliament, except lately. And further said, that he saw Robinson, when he came from France, and asked him, how the mismanagement happened, and the meaning of bis going away; and that the world had a very indifferent opinion of him for going away with Thomson; that Robinson replied, he could give no account of the 'mismanage ments; and that he went with Thomson on purpose to get what papers he could from him, and to make what discoveries he could into the embezzlements of the Corporation's effects. That the first time the examinant knew of Robinson's deficiency to the Corporation, was, | the day that Mr. Daniel Pulteney died, or the day after, when he met Mr. Molesworth in the Strand, who acquainted him with the large balance of cash remaining in Robinson's hands, and asked him, if he did not know the said Robinson was indebted to the Corporation, and asked the examinant in relation to what he knew of Robinson's circumstances, and of his being concerned with sir Thomas Mackworth in Copper Works; and that this examinant afterwards heard measures had been taken by the Corporation to secure Robinson's deficiency, by Robinson's granting a mortgage of 14,000l. as he believed, on his estate to sir Robert Sutton; and Robinson confessed a judgement to sir Archibald Grant and Mr. Molesworth for 30,000l. and Mr. Molesworth then asked this examinant, why he did not come among them. That when he first became a proprietor, twelve assistants were chosen to assist the Committee, as he apprehended, in fixing the Corporation on a good foundation, under certain regulations, which, as they died, or were otherwise removed, were not filled up with others; and after such regulations were fixed, he thought the assistants of little moment, and doth not remember he looked one minute seriously over any of the books of accounts of the said Corporation. Sir Archibald Grant, bart. being further examined, said, that about the time the affair of the Charitable Corporation came last sessions before the parliament, sir Robert Sutton told the examinant, sir Thomas Robinson had applied to him to know, how he might pur chase 4 or 500 Charitable Corporation shares at a market price, but that he did not expect any favour, and who were the proper persons to apply to for them,, he having a mind to be a proprietor: That sir Robert Sutton and the examinant recommended him to Thomson and Robinson; and soon after the examinant in formed sir Thomas Robinson that Thomson could help him to the shares, and part of the receipts were delivered to him. That upon delivering part of the receipts to sir Thomas Robinson, he, the said sir Thomas, paid the examinant 9501. in Bank notes, and money; and likewise gave him a cash note on Mr. Matthew Lamb for 4501. all which he conveyed to Thomson; but 800 of the said shares had privileges attending them, which were transferred to sir Thomas Robinson unknown to him; to which he then objected, saying, he was not certain, whether the parliament would permit them to compete their capital, and would suffer the privilege shares to be paid in on; and that in case the parliament did not, 300l. part of the said 4507. should be abated, and that in the mean time, until it was certain that the privileges might be paid in upon, 150l. only of the said note should be paid, and the remainder be left in the hands of Mr. Lambe, to which this examinant, on the behalf of Thomson, agreed. And the examinant being asked, whose pro perty those shares were, said, he did not know, but that Mr. Burroughs had the said note, and received 150l. thereof. That when sir Thomas Robinson came from abroad in October last, he sent to the examinant to desire his note, it being certain the said privileges could not then be paid in upon; whereupon the examinant applied to Mr. Burroughs for the same, who returned it without any difficulty; and the examinant sent it to sir Thomas Robinson; that the note was demanded since Thomson and Robinson went away. The examinant being asked what was the price agreed to be paid for the said 500 shares, said, 6l. per share. Being asked, if he ever had any correspondence with Thomson since his withdrawing himself, said, he had received one letter from him, which he has by him. Matthew Lamb, esq. being further examined, said, that between the 11th and 30th of March, 1730, and 1731, the examinant advanced to sir Thomas Robinson 2,900l. which he the said sir Thomas Robinson, declared was to pay for Charitable Corporation shares; and particularly remembers, that on the 20th of the said month the said sir Thomas Robinson had 1,9001. part of the said money, which he told this examinant was to pay for Charitable Corporation shares; and that the said sir Thomas being going out of England, applied to the examinant to hold Charitable Corporation shares for him, to which he consented; and that thereupon the said sir Thomas transferred 400 shares, and Mr. Burroughs 100, to the examinant, for the use of sir Thomas Robinson. And the examinant further saith, that in the beginning of April, 1731, sir Thomas Robinson settled his account with him, and in it allowed the note which he, the said sir Thomas, had drawn on him for 450%. that sir Thomas told the examinant he was only to pay 150l. out of it immediately, and the other was to be kept by him, till it should be known whether the parliament would give leave that the privilege shares should be paid in upon: That, on the 30th of April last, the examinant paid 150%. part of the said note, to Mr. Burroughs, and indorsed it on the back of the said note, and took a separate receipt for the same; and as those privilege shares were never allowed to be paid in upon, he was never applied to for the remainder. That on the 6th of November last, sir Thomas Robinson brought the said note to the examinant, and he gave sir Thomas credit for SO0%. in his account, instead thereof. Your Committee cannot conclude this Report without representing to the House the great difficulties they have laboured under by the secreting of Books of Accounts, and Papers, relating to the Corporation; and by the withdrawing of George Robinson and John Thomson, to whom the Directors intrusted the chief part in the management of the affairs of the Corporation, and through whose hands very Your Committee are now proceeding to exa- Ordered, That the said Report be taken into consideration upon this day sevennight. Sir R. Sutton and Sir Archibald Grant expelled the House on account of the Charitable Corporation.] May 4. Upon the farther hearing of the above Renort, sir Robert Sutton and sir Archibald Grant were expelled the House. sary; the natural conclusion from the premises contained in the first part: For since the persons named have been lately voted guilty of the crimes, with which they stand charged in the report of our Committee, what is the next step we are to take, but to vote some punishment? and what punishment so mild with regard to the offenders, or so just with regard to the suf ferers, as restitution ? Let us take the whole question together, and we shall judge best of the propriety and coherence of its several clauses. It runs thus, viz. That sir Robert Sutton, &c. having been guilty of many notorious breaches of Trust, and many indirect and fraudulent practices, ' in the direction and management of the Af'fairs of the Charitable Corporation for relief ' of industrious poor, by assisting them with small sums upon pledges at legal interest; and having thereby occasioned great losses to many of his Majesty's subjects, ought to make a 'just satisfaction for the same.' Now, as I have already said, no question was The Commons resolve, "That the Persons who ever conceived in more clear and intelligible have been guilty of fraudulent Practices in the terms than this is; and I am at a loss to comManagement of the Charitable Corporations prebend, why gentlemen should dislike any exought to make a just Satisfaction for the same.] pressions in it, especially, why the ingenious May 8. The House resumed again the consi- lord, and the worthy person his second, should deration of the said Report, and a motion was object to the words, Just Satisfaction.' For made to resolye, "That sir Robert Sutton and certainly they cannot imagine that these words sir Archibald Grant, Dennis Bond, esq. (who will be declared unintelligible in this House, had been expelled, on account of the fraudu- where the nature and meaning of justice is suplent Sale of lord Derwentwater's estate,) Wil-posed to be perfectly well understood, as it is liam Burroughs, esq. George Jackson, Benjamin Robinson, William Squire, George Robinson, John Thomson, Richard Wooley, and Thomas Warren, baving been guilty of many notorious Breaches of Trust, and many indirect and fraudulent Practices in the direction and management of the Affairs of the Charitable Corporation, and having thereby occasioned great losses to many of his Majesty's subjects, ought to make a just satisfaction for the same.' But some members were for leaving out the words, ought to make a just satisfaction for the same;' hereupon " or ought to be the rule and measure of all our determinations; and they must forgive me, if I think no Dutch commentator ever mistook the sense of an author more grossly, than they have mistaken the sense of this question. But what is most remarkable in this debate is the impatience some gentlemen express to know, whether the advocates for the question intend to proceed against the offenders by Impeachment or by Bill; and they seem to demand that we should immediately come to a resolution. Whence can this impatience arise? If it arises from compassion, why were these very gentlemen, who now interpose, silent? Why did they suffer the objects of their compassion to be unanimously censured, when they had made but an insufficient defence for themselves, and wanted the aid of their eloquence? If it arises from curiosity, I think it ought rather to be kept in suspence than gratified, because it is unseasonable and irregular. If it arises from the fears and apprehensions of particular persons; why should others, who are under no such anxiety, be obliged to remove those fears and apprehensions, especially when it is impossible for them to know how well they may be grounded. I can therefore by no means agree with those gentlemen, who suspect that there is some la tent and disguised meaning in the question before us, and who are for leaving out the latter Since then no good reason appears to justify part of it; because I think no question was this extraordinary demand; since this question ever framed with more candour, or conceived is only declarative of our present disposition to in more clear and intelligible terms than this do justice, and to give satisfaction to the inis; and the latter part is so far from being ex-jured and distressed proprietors, methinks there ceptionable or superfluous, that it is the neces- should be no difficulty in passing it: For we |