h, as the
Vizier did not march in person, he was not, under any construction of
the treaty, entitled by stipulation to more than "_two or three thousand
troops_," horse and foot, "according to the ability of Fyzoola Khan";
and that, whereas the said Warren Hastings would have been guilty of
very criminal perfidy, if he had simply neglected to interfere as a
guaranty against a demand thus plainly contrary to the faith of treaty,
so he aggravated the guilt of his perfidy in the most atrocious degree
by being himself the first mover and instigator of that injustice, which
he was bound by so many ties on himself, the Company, and the nation,
not only not to promote, but, by every exertion of authority, influence,
and power, to control, to divert, or to resist.

II. That the answer of Fyzoola Khan to the Vizier did represent, with
many expressions of deference, duty, and allegiance, that the whole
force allowed him was but "five thousand men," and that "these consisted
of two thousand horse and three thousand foot; which," he adds, "in
consequence of our intimate connection, are equally yours and the
Company's": though he does subsequently intimate, that "the three
thousand foot are for the management of the concerns of his jaghire, and
without them the collections can never be made in time."

That, on the communication of the said answer to the Governor-General,
Warren Hastings, he, the said Hastings, (who, as the Council now
consisted only of himself and Edward Wheler, Esquire, "united in his own
person all the powers of government,") was not induced to relax from his
unjust purpose, but did proceed with new violence to record, that "the
Nabob Fyzoola Khan _had evaded the performance of his part of the
treaty_ between the late Nabob Sujah ul Dowlah and him, to which the
Honorable Company were guaranties, and upon which he was lately summoned
to furnish the stipulated number of troops, which he is obliged to
furnish on the condition by which he holds the jaghire granted to him."

That, by the vague and indefinite term of evasion, the said Warren
Hastings did introduce a loose and arbitrary principle of interpreting
formal engagements, which ought to be regarded, more especially by
guaranties, ill a sense the most literally scrupulous and precise.

That he charged with such evasion a moderate, humble, and submissive
representation on a point which would have warranted a peremptory
refusal and a positive remonstrance; and