not fail to advert to the fundamental principles the acknowledged maxims and established rules of all judgment and justice,-that conviction ought to precede execution; that trial ought to precede conviction; and that a prosecutor's information and evidence ought to be the preliminary step and substance of the trial. Here every thing was reversed: Sir Elijah Impey goes up with the order for execution; the party accused is neither arraigned nor tried. This same Sir Elijah then proceeds to seek for witnesses, and to take affidavits, and in the mean time neither the Nabob, the ostensible prosecutor, nor his mother and grand-mother, the parties accused, knew one word of the matter.

But possibly some peculiarity in the circumstances of the case rendered such a proceeding necessary, and may justify it. No such peculiarity has been proved or even alleged; nay it is in the highest degree improbable that it could have existed. Mr. Hastings had another opportunity of doing himself justice, when an account of this business was transmitted to the Court of Directors, they ordered him to inquire into it and your Lordships will see what he did in consequence of this order. Your Lordships will then judge of the extreme audacity of the defence which he has made of this act at your bar, after having refused to institute any inquiry

inquiry into it, although he had the positive order of the Court of Directors, and was in the place where that inquiry could be made effectually, and in the place where the unfortunate women could have an opportunity of clearing themselves.

I will first read to your Lordships an extract from the letter of the Court of Directors to the Board at Calcutta; dated the 14th of February 1783.

4" By the second article of the treaty [of Chunar] the Nabob is permitted to resume "such jaghires as he shall think proper, with

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a reserve, that all such jaghirdars, for the "amount of whose jaghires the Company are "guarantees, shall, in case of a resumption of "their lands, be paid the amount of the net "collections through the Resident.

5.--" We do not see how the Governour "General could consent to the resumption of "such lands, as the Company had 'engaged "should remain in the hands of those who

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possessed them previous to the execution of "the late treaty, without stronger proofs of the Begum's defection than have been laid before 66 us; neither can we allow it to be good policy "to reduce the several jaghirdars, and thus "uniting the territory, and the troops main

"tained

"tained for the protection of that territory, "under one head, who, by that means, at some "future period, may become a very powerful enemy to the Company.

6." With respect to the resumption of the

jaghires possessed by the Begums in par"ticular, and the subsequent seizure of the "treasure deposited with the Vizier's mother, "which the Governour General, in his letter to "the Board, 23d January 1782, has declared he "strenuously encouraged and supported, we hope and trust, for the honour of the British

nation, that the measure appeared to be fully justified in the eyes of all Hindoostan.

"The Governour General has informed us, "that it can be well attested, that the Begums

principally excited and supported the late "commotions, and that they carried their in"veteracy to the English nation so far as to "aim at our utter extirpation.

7.—" It must have been publickly known that "in 1775, the Resident at the Vizier's court "not only obtained from the Begum, widow of "the late Sujah Dowlah, on the Nabob's ac "count, thirty lacks of rupees, half of which "was to be paid to the Company, but also "the forbearance of twenty-six lacks, for the

repayment of which she had security in "land, on the Nabob's agreeing to renounce all

"further

"further claim upon her, and that to this agree"ment the Company were guarantees.

8.-"We find that on the 21st December "1775, the Begum complained of a breach of "engagements on the part of the Nabob, soli

citing your protection for herself, her mother, "and for all the women belonging to the "seraglio of the late Nabob, from the distresses "to which they were reduced-in consequence "whereof it was agreed in consultation, 3d "January 1776, to remonstrate with the Vizier; "the Governour General remarking-that as "the representative of our government has "become an agent in this business, and has

pledged the honour and faith of the Company "for the punctual observance of the conditions "under which the treaty was concluded-you "had a right to interfere, and justice demanded "it, if it should appear that those engagements "have been violated.

"And the Board at the same time resolved,"That as soon as the Begum's engagements "with the Nabob, to which Mr. Bristow is a "party, shall be fulfilled on her part, this government will think themselves bound to

protect her against any further demand or "molestation.

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9.-" If therefore the disaffection of the Begums was not a matter of publick notoriety,

we

"we cannot but be alarmed for the effects "which these subsequent transactions must "have had on the minds of the natives of "India, the only consolation we feel upon this "occasion is, that the amount of those jaghires "for which the Company were guarantees, is "to be paid through our Resident at the court "of the Vizier; and it very materially con

cerns the credit of your government on no "account to suffer such payments to be evaded.

10." If it shall hereafter be found that the "Begums did not take that hostile part against "the Company, which has been represented (as "well in the Governour General's narrative, as "in several documents therein referred to; and as it no where appears, from the papers at "present in our possession, that they excited

any commotion previous to the imprisonment "of Rajah Cheit Sing), but only armed them"selves in consequence of that transaction; "and as it is probable that such a conduct

proceeded entirely from motives of self de

fence under an apprehension that they them"selves might likewise be laid under unwar"rantable contributions, we direct that you use your influence with the Vizier, that their jaghires may be restored to them; but if they "should be under apprehensions respecting the "future conduct of the Vizier, and with our "further