William and Mary, 1694: An Act to indempnifie Sir Thomas Cooke from Actions which hee might bee liable to by reason of his discovering to whom hee paid... [Chapter XV. Rot. Parl. pt. 4. nu. 5.]

Recital that it appears that Sir Thomas Cooke received of the East India Company's Stock £77,258 and £90,000; that a true Discovery of the Application thereof is necessary; and that the said Sir Thomas Cooke had offered to make the same on Indemnity.

Indemnity to Sir Thomas Cooke on his making such Discovery on Oath as to the said £90,000, and as to £67,000, Part of the said £77,258.

Whereas it appeares by the books of the East-India Company that Sir Thomas Cooke Knight in the yeare One thousand six hundred ninety and three being then Governor of the said Company did receive out of the Stock and Treasure belonging to the same the sum of Seventy seven thousand two hundred fifty and eight pounds and hath alsoe received out of the Stock and Treasure of the said Company the further su[m]m of Ninety thousand pounds. And whereas a true discovery of the distribution and application of the said several su[m]ms of money will bee of publick use & service and is necessary to the vindicateing the Justice and Honor of the Government and the said Sir Thomas Cooke hath voluntarily offerd to make such discovery soe as hee may bee indempnified in such manner as is hereafter mentioned and p[ro]vided Bee it therefore enacted by the Kings most excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the authority of the same That if the said Sir Thomas Cooke shall on or before the Three and twentieth day of April One thousand six hundred ninety five make a true and full discovery upon Oath [before a Committee of the Lords and Commons to bee appointed by each House for that purpose (which Oath the said Committee are hereby impowered to administer) (fn. 1) ] how and in what manner and to what persone or persons and to what particular uses intents and purposes and on what account the said su[m]m of Ninety thousand pounds and the sum of Sixty seven thousand pounds part of the said [su[m]me of (fn. 2) ] Seventy seven thousand two hundred fifty eight pounds 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 bee 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 bee allowed or given in evidence against him in or upon any action or suit other then as aforesaid And alsoe shall bee and is hereby declared pardoned and indempnified for any Crime hee [may bee (fn. 3) ] guilty of [guilty of (fn. 4) ] in the distribution payment application or disposal of the said money to any person other then to himselfe.

II. Sir Thomas Cooke, on or before 1st Sept. 1695, to discharge himself, or to discover on Oath how he has applied £10,258, Residue of the said £77,258.

Indemnity in such Case to Sir Thomas Cooke.

And bee it further enacted by the authority aforesaid That the said Sir Thomas Cooke shall on or before the First day of September One thousand six hundred ninety five either discharge himselfe upon Oath to the Commissioners appointed for stating and taking the Publick Accounts of this Kingdome of and concerning the su[m]m of Ten thousand two hundred fifty eight pounds [residue of the said Seventy seven thousand two hundred fifty eight pounds (fn. 2) ] or discover upon Oath to the said Co[m]missioners how and in what manner and to what person or persons and to what particular uses intents and purposes and on what account the said su[m]m of Ten thousand two hundred fifty eight pounds hath been distributed paid applied disposed or made use of [And in such case the said Sir Thomas Cooke shall not by reason or meanes of such discovery or dischargeing himselfe upon Oath bee liable to any action or suit of any person or persons whatsoever other then the said East-India Company nor shall such his discharging himselfe or discovery bee allowed or given in evidence against him in or upon any action or suit other then as aforesaid And alsoe shall bee and is hereby declared pardoned for any Crime hee may have been guilty off in the distribution paym[en]t. application or disposeal of the said moneys to any person ( (fn. 5) ) then to himselfe.

III. Report of the said Discovery laid before Parliament.

And it is hereby further enacted by the authority aforesaid That a report of the said discovery and confession shall by the Members of each House respectively (who are of the said Committee bee forthwith laid before each House in Writing.

IV. If Sir Thomas Cooke do not make such Discovery on or before 23d April, then to remain a Prisoner in the Tower till he make the same.

Provided always and bee it enacted by the authority aforesaid That if the said Sir Thomas Cooke shall not on or before the said Three and twentieth day of April make such true and full discovery in manner aforesaid That then and in such case bee the said Sir Thomas Cooke shall from thenceforth by virtue of this Act continue and remaine a Prisoner in the Tower of London until bee shall have made such true and full discovery upon Oath before the Commissioners appointed for taking and stating the Publick Accounts of this Kingdome or any Foure of them who are hereby impowered and required to send for and examine the said Sir Thomas Cooke and to administer the said Oath and to report such discovery and confession under their hands and seales to both Houses of Parliament att their next Meeting. (fn. 6) ]