"not proceed entirely from motives of self "defence; but as the Court of Directors seem "to be of a different opinion, and conceive that "there ought to be stronger proofs of the defec"tion of the Begums than have been laid before "them; I think, that before we decide on their "orders, the late and present Resident at the "Vizier's court, and the commanding officers in "the Vizier's country, ought to be required to "collect and lay before the Board all the in"formation they can obtain, with respect to the "defection of the Begums during the troubles "in Benares, and their present disposition to "the Company."

Mr. Stables, September 9th, 1783, writes thus: "The Court of Directors, by their "letter of the 14th February 1783, seem not "to be satisfied with the disaffection of the

Begums to this government, is sufficiently "proved by the evidence before them. I there"fore think that the late and present Resident "and commanding officers in the Vizier's "country at the time should be called upon "to collect what further information they can "on the subject, in which the honour and dignity of the government is so materially "concerned, and that such information may be immediately transmitted to the Court of "Directors."

When

When questioned upon this subject at your Lordships' bar, he gives this evidence:-Q. What was your motive for proposing that investigation?-A. A letter from the Court of Directors; I conceived it to be ordered by them. Q. Did you conceive the letter of the Court of Directors positively to direct that inquiry?-A. I did so certainly at the time, and I beg to refer to the minutes which expressed it. [A question was put to the same witness by a noble Lord:} Q. The witness has stated, that at the time he has mentioned, he conceived the letter from the Court of Directors to order an inquiry, and that it was upon that opinion that he regulated his conduct, and his proposal for such inquiry; I wish to know whether the expression at the time was merely casual, or am I to understand from it that the witness has altered his opinion of the intention of this letter since that time?A. I certainly retain that opinion, and I wished the inquiry to go on.

My Lords, you see that his colleagues so understood it. You see that we so understood it, and still you have heard the Prisoner, after charging us with falsehood, insultingly tell us, we may go on as we please, we may go on in our own way. If your Lordships think that it was not a positive order which Mr. Hastings was bound to obey, you will acquit him of the breach VOL. XVI.

G

of

し

of it. But it is a most singular thing, among all the astonishing circumstances of this case, that this man, who has heard, from the beginning to the end of his trial, breaches of the Company's orders constantly charged upon him, nay, I will venture to say, that there is not a single step that we have taken in this prosecution, or in observations upon evidence, in which we have not charged him with an avowed direct breach of the Company's order you have heard it ten times this day, in his defence before the. Commons, he declares he did intentionally, in naming Mr. Markham, break the Company's orders: it is singular, I say, that this man should now pretend to be so sore upon this point. What is it now that makes him break through all the rules of common decency and common propriety, and shew all the burnings of guilt, upon being accused of the breach of one of the innumerable orders which he has broken; of which he has avowed the breaking, and attempted to justify himself a thousand times in the Company's books, for having broken?

3

My Lords, one of his own body, one of the Council, has sworn at your bar, what he res peatedly declared to be his sense of it. We consider it as one of the strongest orders that can be given, because the reason of the order is added to it; the Directors declaring that if it

should

should not be found upon inquiry-you see, my Lords, it puts the very case-if you do not find such and such things, we shall consider the English honour wounded and stained, and we direct you to make reparation. There are, in fact, two orders contained in this letter, which we take to be equally strong and positive; and we charge him with the breach of both-namely, the order for inquiry, and the conditional order of restoring to the Begums their jaghires, or making satisfaction for them; and in case of any apprehension of reluctance in the Nabob, to bring them for security into the Company's territories. The two last positive orders are preceded by the supposition of an inquiry, which was to justify him either in the acts he had done or to justify him in making restitution. He did neither the one nor the other. We aver that he disobeyed all these orders. And now let his impatience break out again.

Your Lordships have seen, amongst the various pretences by which this man has endeavoured to justify his various delinquencies, that of fearing to offend the Nabob by the restoration of their jaghires to the Begums, is one. Your Lordships will form your own judgment of the truth or falselrood of this pretence, when you shall have heard the letter which I shall now read to you, written to Mr. Hastings by the Nabob himself. a 2

Letter

Letter from the Nabob Vizier to Mr. Hastings, 25th February 1782.

"You performed on every occasion towards "me, whatever was becoming of friendship; I "too have done whatever affection required and you commanded, and in future also, whatever

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may be your pleasure, there shall be no devi"ation therefrom, because whatever you direct " is altogether for my benefit. The business for "which I came to Fyzabad is become settled by "your favour; particulars will become known "to your wisdom from the writings of Mr. Mid"dleton. I am grateful for your favours. If in "these matters you sincerely approve me, com"municate it, for it will be a comfort to me.

Having appointed my own aumils to the jag"hire of the Lady Mother, I have engaged to "pay her cash. She has complied with my "views. Her pleasure is, that after receiving

an engagement, he should deliver up the jag"hires. What is your pleasure in this matter? "If you command, it will comfort the Lady "Mother giving her back the jaghire after. I "have obtained my views; or I will have it "under my aumil. I am obedient to your plea"sure."

Your Lordships here see the Begum a suppliant to have her jaghire restored (after entering into some engagement that might have been re