UNIVERSITY OF CALIFORNIA AT LOS ANGELES ORIGINAL PAPERS; WITH AN- AUTHENTIC STATE O.F THE PROOFS and PROCEEDINGS BEFORE THE Which was aflembled at MADRAS, upon the Death of LORD PIGOT, on the i ith Day of May 1777 j The Subfequent PROOFS and PROCEEDINGS before the JUSTICES at MADRAS, with the OPINIONS of the JUDGES of the SUPREME COURT of JUDICATURE in BENGAL. To the whole are fubjoined, The DEFENCE of MR. STRATTON, and the other MEM- BERS of COUNCIL, accufed by the Verdid of the CORONER'S INQUEST ; and the Separate DEFENCE of Brigadier- General ST U ART, for hitnfelf and the MILITARY under his Command^ &c. LONDON: Printed for T. CADELL, in the STRAND. MDCCLXXVIH. 06 TABLE of CONTENTS. T^\IARY of the Coroner's Inqueft affembled at Madras upon the death U of Lord PIGOT, containing minutes of the proceedings of that Inqueft at their various meetings, from the nth of May to the 26th of Sep- tember, 1777, from Page i to 15 2 INFORMATION of the Honourable EDWARD MONCKTON, examined upon oath, by the Inqueft 1 6 of Claud Ruflel, Efq. 28 . , of Mr. William Sedgeley 45 of John Maxwell Stone, Efq. 47 __ of Mr. Jofeph Nutting 56 . of Mr. David Halliburton 62 .. of Mr. Gilbert Pafley, furgeon at Madras 64 . . . of Mr. James Anderfon, furgeon at Madras 71 . of Mr. Thomas Davis, furgeon at Madras 75 of Mr. William Mallet, furgeon at Madras 79 of Richard Lathom, Efq. 83 of Sir Edward Hughes, Commander in Chief of his Ma- jefty's Squadron in India 90 of Telafingo, Peon, Lord Pigot's fervant 94 of Mr. William Hamilton 97 of William Howard, fervant to Claud Ruffel, Efq. 99 CORONER'S CHARGE to the Jury 101 The VERDICT of the Coroner's Inqueft upon the 7th of Auguft, 1777, by which the Jurors, after enumerating the various incidents that hap. a pened " v ^ TABLE of CO NT EN T S. ' .'.'.''.,'! pened to Lord Pigot, from the day of his arreft, on the 24th of Auguft, 1776, to the day of his death, on the nth of May, 1777, pronounce a Verdict, that George Straiten, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jourdan, and George Mackay, in the civil fervice of the Eaft India Company at Madras, and Brigadier-general Sir Robert Fletcher, Colonel James Stuart, Lieutenant-colonel James Eidingtoun, Adjutant general, and Captain Arthur Lyfaght, in the faid Company's fervice at Madras, and Major Matthew Home, commanding the corps of artillery in the faid Company's fervice, then ftationed at St. Thomas's Mount, did, in man- ner, and by the means therein recited, feknioujly, voluntarily, and of their malice forethought, kill and murder the faid George Lord Pigot ; and that aferjeant&ndfepoys, therein defcribed, and certain officers and foldiers be- longing to the corps of artillery, and another ferjeant, and other fepoys fta- tioned at the Garden-houfe, all of whom were to the Jurgrs as yet un- known, were at divers times prefent, aiding, abetting, aflifting, and maintaining the faid George Stratton, Sir Robert Fletcher, and the other perfons before named, to do and commit the felony and murder afore- faid Page 128 LETTER from Mr. John De Fries, one of the Twelve Members of the Inqueft, to the Coroner, dated the 8th of Auguft, 1777, declaring, that he had, on the Coroner's expofition of the Law, figned the Verdict given by the Majority, though that Verdict was contrary to his own opinion. Shewing alfo that the Jury had at firft been equally divided in opinion whether to bring in their Verdict Manflaughter or Murder, until two of the Members receded from their firft opinion 136 LETTER from Mr. Robert Ewing, another of the Twelve Members of the Inqueft, to the Coroner, dated the 6th of September, 1777, declar- ing that he had refufed at firft to fign the Verdicl:, and mentioning the reafons why he figned it at laft, though without conviction of mind 137 WARRANT TABLE of CONTENTS. WARRANT dated 25th September, 1777, by Mr. Whitehill, then Go- vernor at Madras, and Chief Juftice there, for committing to thecuftody of the Sheriff the perfons of George Stratton, Efq. Brigadier-general James Stuart, Henry Brooke, Charles Floydr, Archibald Palmer, Francis Jourdan, and George Mackay Page * COMMENCEMENT of the Proceedings before the JufUces of Peace, at their Quarter Seflions, in relation to the bufmefs which had been judged of by the Verdict of the Coroner's Inqueft 138 PETITION, goth September, 1777, of George Straiten, Efq. and the other perfons above named, addrefled to the Juflices of Oyer and Ter- miner, ftating certain objections to the legality, conduct, and proceedings of the Coroner's Inqueft, and at the fame time intreating that a Bill of Indictment for the Murder of Lord Pigot might be preferred againft them ; and that the witnefies who were examined on the Inqueft, and any other legal witnefles who might prefent themfelves might be fworn in Court, and perfonally examined by the Grand Jury, in order that they might have the moft fatisfactory grounds whereon to found an opinion as to the juftice or futility of the charge 139 PETITION and DECLARATION of Brigadier-general James- Stuart, addrefled to the Juftices, declaring, that he was ready and willing then, and at all times, to (land any form of trial or enquiry, that the laws of his country could warrant, not only for every act of his, in confcquence of the orders or inftructions of a majority of Council, but likewife for every act, opinion, or advice applicable to him after he had the honour of a feat and voice in Council 142 PROCEEDINGS of the Juftices upon the ift of October, 1777, when there was read in Court a paper, containing the refolutions of the Juftices upon certain points relating to the trial of the perfons accufed by the Ver- dict of the Coroner's Inqueft ; and amongft other things, their refolution to appty to the Judges of the High Court of Judicature, at Fort William, in Bengal, for their opinion and advice 143 a 2 INFORMATION TABLE of CONTENTS. INFORMATION of Commodore Sir Edward Hughes, then about to foil for England, taken upon oath before John Whitehill, Efq. Chief Juftice and the other Juftices of Oyer and Terminer, at Madras, on the 2d of October, 1777 Page 145 _ , - of Mr. Edward L'Epine, Secretary to Commodore Sir Edward Hughes, taken upon oath before the Juftices, on the 4th of October, 1777 154 " of Captain Marlow, Commander of his Majefty's fhip Coventry, taken upon oath before the Juftices, on the loth of Octo- ber, 1777 *i68 LETTER and Addrefs, upon the 7th cf October, 1777, from, George Stratton, &c. to the Juftices, ftating the expectation they had of being^ brought to trial upon the opening of the Seflions in October, and com- plaining of the hardfhips of their trial being delayed. In the fame Let- ter, complaints are made of various undue advantages which had been taken by the Coroner's Inqueft, &c. to the prejudice of the lives and good fame of the perfons ace ufed 161 EXCEPTIONS of George Stratton, Henry Brooke, &c. taken againft the proceedings of the Coroner's Inqueft, confifting of Sixteen Articles, tending to fliew the illegality, unfairnefs, and partiality of thefe proceed- ings in various refpects j -which exceptions were delivered into Court on the 7th of October, 1777 164 AFFIDAVIT of Mr. John Balfour, concerning his exercife of the office of Coroner, and Mr. Ram's declining to act in that capacity 167 INFORMATION of Mr. William Mallet, furgeon, at his examination on oath, before the Juftices, on the 6th of November, 1777 168 of Mr. Gilbert Pafley, furgeon, at his examination on oath before the Juftices, on the 1 7th, day of November, 1777 176 TABLE of CONTENTS. The CASE of the Right Honourable Lord Bigot, as delivered in by MY,, Pafley to the Juftices relative to his Information Page 186 PETITION, dated igth November, 1777, of Brigadier -general James Stuart^ addrefied to the Juftices, fetting forth, that it was then almoft eight weeks fmce he had been in detention of the-fneriff, or admitted to bail, in confequence of a mod ferious charge, which, from the hour of its being known to him, he was, and now is ready to prove to He devoid of foundation : that the Petitioner having had reafon. to complain of the repeated unexpected delays in his trial, as a grievance ? he therefore took occafion to requeft, moft earneftly, that no further delays might intervene. By this Petition he alfo informed the Court, that if this bufinefs was to come to a hearing, in- fo far as Ft might concern liim for the part he in duty took in obeying the orders of his fuperiors, both civil and military, or for the part which any military man took in confequence of his orders, he, the petitioner, propofed, in perfon, to make his own and their defence upon grounds diftinct from that of the - Government, which originally gave the orders to the petitioner, or the military, who acted under him 188 PROCEEDINGS of the Juftices upon the 26th of November, 1777, when the Grand Jury was affembled and fworn in INTIMATION publickly made in Court, that the Prefident and Council had received from the Judges of the supreme Court of Judicature, in Bengal, very full and fatisfactory Anfwers to the Queries which had been put to thefe Judges ; and this Court of Seffion at Madras having- taken .the fame into confideration, and maturely deliberated on the pro- ceedings of the Inquifition, with the exceptions made to them by rhe parties ace u fed, are of opinion that the faid proceedings are irregular and con- trary to laW) and have accordingly refolded that the whole- be qua/bed anJ laid afide : and further refolded that the perfons accufed be now difcbarged by proclamation. 191 QUESTIONS put to the Judges of the Supreme Court in Bengal, with their Anfwers thereto, containing the unanimous opinion of thefe Judges 3 upon. TABLE of CONTENTS. tnpon the Proceedings and "Verdict of the Coroner's Inqueft at Madras, from Page 191 to 195 PETITION of George Stratton, Henry Brooke, Efqrs. Brigadier-general James Stuart, and the other perfons accufed, praying, That as the pre- tended Inqueft had been qualhed for unfairnefs and illegality in the pro- ceedings, the Juftices would, in their wifdom, think of fome mode or form of law tp proceed in the examination of evidence, fo that the per- fons accufed might have the means of proving their innocence, upon the cleareft and moft liberal footing -, and declaring that they were ready and willing to fubmit to any mode of trial, that the informations taken before the Juftices could fupport, or that the laws of their country could warrant 196 LETTER, dated 28th of November, 1777, from George Stratton, Efq. and the other perfons accufed, addrefled to the Governor and Council at Madras, requefting, for the reafons therein mentioned, that they would forward, by the firft pacquet, to the Court of Directors, the whole of the proceedings of the Coroner's Inqueft, and every thing connected there- with 198 INTRODUCTION to the Defence of Mr. Stratton and others, ftating o the circumftances under which that Defence was drawn up at Madras, and the reafons for now publiihing it 199 DEFENCE of Mr. Stratton^ Mr. Brooke, and the other Members of Council criminated by the Verdict of the Coroner's Inqueft^ containing their Anfwers to the charges brought againft them by that Inqueft 201 INTRODUCTION to the feparate Defence of Erigadier -general Stuart 231 DEFENCE of Brigadier -general James Stuart for himfelf, and for Colo- nel Edingtoun, Captain Lyfaght, and Colonel Home, and the other mili- tary who a<5ted under his command j which Defence ftates the particular circum- TABLE of CONTENTS. , circum Dances under which Brigadier-General Stuart and thefe Officers acted, in obedience to orders, and contains anfwers to the charges brought againft him and them by the Coroner's Inqueft Page 231 STATE of Particulars in relation to a criminal profecution intended to have been brought againft the Members of the Coroner's Inqueft by the perfons whofe lives and good fame had been in danger of being affected by the proceedings and verdict of that Inqueft 250 LETTER i4th January 1778, by Brigadier-General Stuart, George Mackay > Archdale Palmer, and Charles Floyer, to the Governor and Council ac Madras, mentioning the intended criminal profecution againft the Mem- bers of the Inqueft for a confpiracy ; and as they had hitherto, though well founded, in an action againft thefe Members of Inqueft, waved ir, from attention to the fentiments and wifhes of the Governor and Council at Madras, who had expreffed an apprehenfion that fuch profecution would affect the peace and welfare of the Settlement, and the intereft of the Eaft-India Company ; fo they now took occafion to declare, that the fame public reafons ftill fubfifting, they therefore agreed not to proceed any further at that time in the intended profecution 2 5 X LETTER i;th January 1778, from the Governor and Council at Madras to Brigadier-General Stuart, George Mackay, Archdale Palmer, and Charles Floyer, exprefiing their approbation and fatisfadtion at the regard which thefe Gentlemen had fhewn for the Company's intereft, by fuppref- fing all feelings of private injury, and refraining from a profecution, which in its confequences might prove detrimental to the Company's af- fairs 253; EXTRACT from the general Letter, per the Houghton, from the Gover- nor and Council at Madras to the Court of Directors of the Eaft-India Company, dated in February 1778; in which letter the conduct of the Members of the late Government is mentioned with particular approba- tion, on account of their leading example in mewing the moft implicit fubmifiion to the orders of the Directors at home, for eftablifhing their i new TABLE of CONTENTS, new adminiftration at Madras, and for reftoring harmony and good un- derftanding there. In this general letter to the Directors, the Governor .and Council make particular mention alfo of the above letter, which they had received from Brigadier-General Stuart, Mr. Mackay, &c. arid of the anfwer which they had fent to it, for doing juftice to the conduct .of theie Gentlemen, " who for the peace of the Settlement, and with a view *' to the welfare of the Company's affairs, had agreed to wave the agi- " tation of queftions at that time, which muft neceffarily have taken the " attention of the Government at Madras from the immediate bufinefsof *' .their Government," P a g e 254 DIARY I A R O F A N I N QJJ E S T, holden before me George Andrew Ram, Coroner of our Lord the King for the Town and Diftri&s of Madrafpatnam, on Sunday the nth of May, 1777, in the Afternoon^ at the Company s Garden-Houfe> dif- tant about a Mile from Fort St. George, and in the DiftriEls of the f aid Town, on the f^iew of the Body of GEOJRGE Lord PIGOT, Baron PIGOT of Pattifhull in the Kingdom of Ireland, then and there lying dead \ and \ by Adjournment-^ at the Houfe of George Smith, Efq\ Foreman of the f aid Inqueft in Fort St. George. THE Coroner received a letter from the Hon. Edward Monck- 1777- ton, Efq; (fon-in-law to the deceafed) acquainting him with the ^ a ? 1Ith * death of Lord Pigot, and requefting him to hold an Inqueft on the body, of which the following is a copy. SIR, Company's Garden-houfe, the nth May, 1777. The Right Hon. Lord Pigot having died under confinement this morning at the Company's Garden-houfe at n o'clock, I am to requeft that you will be fo good to hold an Inqueft upon the body before it is removed. I am, SI R, Your moft obedient Servant, EDWARD MONCKTO. Mr. Ram, Coroner. B The The Coroner hereupon iflued his fummons, of which the follow- ing are Copies. To Meflrs. George Smith, 1 1 . guinfin Crawford, i. Andrew Rofs, 12. John Turtng, z. George Baker, 13- A#* Majendie, *. Thomas Powney, 14. George Savage, 1 Thomas Felling, 1 5- ^ward John Holland, r. JobnD'Fries, 16. George Proctor, 6. Robert Riving 17- #* W*r 7. George Tapwcll, 18. William Sedgley* 8. Alexander Cut bbert, 19. William Rojs, 9. JRofer/ Farquhar, 20. X^/w Df*f. 10. William Parfons, Gentlemen, . , , r I requeft your attendance, to hold an Inqueft on the body George Lord Pigot, deceafed, under confinement at the Company s Garden-houfe ; for which purpofe I beg the favour of you to meet me at the faid Garden-houfe, at 3 o'clock in the Afternoon. I am, Gentlemen, ii May, 1777. Your moft obedient Servant, G. A. RAM, Coroner. To Me/rs. Pajley, Anderfon, and Mallet, Surgeons. Gentlemen, I requeft your attendance on an Inqueft, to be holden on the >ody of George Lord Pigot, at 3 o'clock this afternoon, at the Company s Garden-houfe. I am, Gentlemen, ntb May, 1777. Your moft obedient Servant, G. A. RAM> Coroner. ,p. 7T A little before three o'clock the Coroner repaired to the Com- nth Mty, pany's Garden-houfe, where he found the Hon. Edward Monckton, 3 o'clock, fq; Claude Ruffel, John Maxwell Stone, Efqrs. Mr. Pafley, the Pt M * furgeon who attended his Lordfhip during his ficknefs, and fome other gentlemen who came to attend the funeral, Soon after the following gentlemen attended. I. Meffrs. ( 5 ) I. Meflrs. Gewgc Smith, 9. Alexander Cuthbert, 2. Andrc r w Rofs, 10. Robert Farquhar, 3. George Baker, n. IVilliam Parfons, 4. Thomas Poitmey, 12. John Turing* 5. Thomas Pelting, Edward John Holland, 6. John & Fries, William Sedgky, 7. Robert Eiving, William Rojs, 8. George Tafwdl, Kenelm Digby. The Coroner having called over the firft Twelve, acquaints the 1777. Gentlemen prefent, that he has never, upon any prior occafion, fworn in a larger number than Twelve, he therefore does not think it proper to make any alteration in his practice on this occafion. About half an hour paft three, the Jury being fworn over the body ; the furgeons are called. Mr. Pafley, Senior Surgeon, is fworn, and the following queftion is put to him : Quejlion. Whether, from a further infpeclion of his Lordfhip's body, and particularly from opening it, he can with greater cer- tainty trace the caufe of his Lordfhip's death. Mr. Pafley replies, that a difeafe was the immediate caufe of his Lordfhip's death, that he apprehends the Jury are defirous of knowing the caufe of that difeafe, and that in his opinion the caufe of the difeafe of which his Lordfhip died, cannot be difcovered by opening the body. The fame queftion is put to Mr. Anderfon, which he anfwers to the fame effecl: as Mr. Pafley. Mr. Anderfon acquaints the Jury, that he has brought the proper inflruments if the Jury fliould think it neceffary to open the body, The Jury confidering, that if the furgeons cannot acquire any further knowledge of the caufe of the difeafe of which his Lordfhip died by opening the body, they, the Jurors, cannot 5 they therefore think it unneceifary that the body fhould be opened. The family of the deceafed being defirous that the body fliould be buried this evening, the Coroner adjourns the Jury till nine o'clock to-morrow forenoon, at the houfe of Mr. George Smith, Foreman on this inquefl. The Coroner gives permiffion to bury the body. B % The ( 4 ) 1777. The Jury being met at the houfe of Mr. George Smith, their Monday, Foreman, they came to a refolution to examine all the witnefles oo'cbck. Separately. The Coroner acquaints the Jury with the order, in which he propofes to call upon the witnefles, which is approved of. 10 o'clock. Mr. Monckton is then called in and fworn. (See the evidence of Edward Monckton, Efq.) The Jury defire to be adjourned till to- morrow morning at nine o'clock at the fame place. They are ac- cordingly adjourned. 1777. The Jury being affembled at the houfe of their Foreman, Mr. Tuefday, George Smith, Mr. Claude Ruffel is called in and fworn. (See the 9 3 o'clo 3 ck, evidence of Claude Ruffel, Efq.) The Jury are adjourned till three A. M. ' o'clock in the afternoon. The Jury being aflembled at the houfe of 3 o'clock, their Foreman, Mr. Ruffel proceeds with his evidence. (See the 8 o'clock evidence of claude Ruffel, Efq.) The Jury adjourn till nine o'clock the next morning. Wednefday, The Jury being aflembled at the houfe of their Foreman, Mr. 24 May, George Smith, Mr. Ruffel is called in and afked, if he recollects any AM ' thing material relative to the death of Lord Pigot, which he might have forgot the day preceding. Mr. Ruffel anfwers, That he does not recollect any thing material. He is then told, that the Jury have no further occafion for his attendance at th'at time. Mr. Ruffel with- draws, and it is propofed to examine Mr. Monckton further ; but he being out of town, the Coroner proppfed to the Jury to confider of fuch queftions as may be proper to put to the furgeons. It is refolved to put feveral queftions to the furgeons for the in- formation of the Jury, how far anxiety, difappointment, and, in general, whatever affects the mind, will operate on the body, in caufmg or increafing difeafes, as well as to examine them relative to the particular difeafe of which Lord Pigot died. It is alfo refolved, that the evidences already taken be read to the furgeons, that they may be fully acquainted with every circumftance of Lord Pigot's confinement, and the treatment he met with in that confinement. Several of the jurors declaring that they cannot attend this even- ing without confiderable prejudice to their private affairs, the Jury 12 o'clock, are adjourned till nine o'clock the next morning. The ( 5 ) The Jury being aflembled at the houfe of their Foreman, Mr. Thurfday, George Smith, Mr. Monckton is called in, and proceeds with his T 5 M*y evidence. (See the evidence of the Honourable Edward Monckton, A.M' Efq.) The Jury are adjourned till four o'clock in the evening. The Jury having met, Mr. Monckton proceeds with his evidence. 4 o'clock. (See the evidence of the Honourable Edward Monckton, Efq.) Mr. Monckton having finifhed his evidence, the Jury called upon Mr. William Sedgley, who is fworn, and gives his evidence. (See the evidence of Mr. William Sedgley) The Jury are adjourned till nine o'clock next morning. The Jury being aflembled at the houfe of their Foreman, Mr. George Smith, Mr. Stone is called in and fworn ; he gives his evi- dence. (See the evidence of John Maxwell Stone, Efq.) The Jury A. M. are adjourned till four o'clock in the evening. i o'clock. The Jury being aflembled, Mr. Nutting, fervant to the deceafed, 4 o'clock. is called in and fworn to give his evidence. (See the evidence of 7 o'clock.. Mr. Jofeph Nutting t ) Mr. Halliburton is called in and fworn, and gives his evidence. (See the evidence of Mr. David Halliburton.) The Jury adjourn till nine o'clock to-morrow morning. 8 o'clock. The Jury being aflembled at the houfe of their Foreman Mr. Saturday, George Smith, Mr. Pafley is called in, the evidence of Meflrs. May i7th. Monckton, Ruflel, Stone, Nutting, Sedgley, and Halliburton are ?'fl ck ' read to him, he proceeds to give his evidence. (See. the evidence f Q^I^ of Mr. Gilbert Pafley, furgeon.) The Jury are adjourned till four 4 o'clock! o'clock in the evening. The Jury being aflembled, Mr. Anderfon is called in, the evidence of Meflrs. Monckton, Ruflel, Stone, Nutting, Sedgley, and Halliburton are read to him, he proceeds to give his evidence. (See the evidence of Mr. James Anderfon, fur- geon.) , To-morrow being Sunday, and no material inconvenience at- 8 o'clock. tending an adjournment till Monday, the Jury are therefore ad- journed till nine o'clock the Monday morning following.. The Jury being aflembled at the houfe of their Foreman. Mr. George Monday . S'Tiith, Vlr. Duvies is called in Before he is fworn he obferves to May 19. iiii Coroner, that though he himfelf has no material doubts of the 10 o'clock, legality of Mr. Rain's fummoning him, Hill as it was made men- * tion. ( 6 ) lion of, that Mr. Ram has been legally difmiffed by the Juftices of the Quarter SefTions, he (Mr. Dayies) begs to be fatisfied of the legality of Mr. Ram's fummons. Mr. Ram obferves, in anfwer hereto, that he was fworn into the office of Coroner in the open court, Mr. Jofias Du Pre then fitting as Chief Judge on the Bench, and Mr. Warren Haftings as fecond ; that he has officiated in that capacity for upwards of fix years. He then produces the authorities of Serjeant Hawkins and Judge Blackftone, that the office of Coroner is for life, unlefs removed by the King's writ, de coronator. exonerando, for a caufe to be therein affigned ; that the perfons who had attempted to remove him had not produced any fuch writ, or (hewn any fufficient caufe for his removal ; that he therefore looked upon this attempt as altogether illegal, and had acquainted thofe perfons in a letter, that he was not fatisfied as to the legality of their intended removal. Mr. Ram further acquaints Mr. Davies, that he had heard that another Coroner has been appointed ; but that this appointment can in noways fufpend Mr. Ram from his office, fmce it is ufual in Eng- land to have two or more Coroners for the fame diftrict. May 19, ]vi r< Davies, being perfeclly fatisfied of Mr. Ram's authority as A M 10ClC ' Coroner, is fworn. The evidence read to Meflrs. Pafley and An- derfon are read to him. He gives his evidence. (See the evi- dence of Mr. Thomas Davies, furgeon.) . Ma y *9 Mr. William Mallet is next called in. Before he is fworn he 1 clocki begs leave to afk Mr. Ram the following queftion : Whether on a late occafion, on Major Home's application, Mr. Ram did or did not refufe officiating. in the office of Coroner ? Mr. Ram anfwers, That Major Home did fometime before Lord Pigot's confinement acquaint him with the premature death of an artillery-man at the Mount, whereupon he repaired thither and held an inqueft on the body. (The Jury brought in their verdict accidental death.) Since which time he has never had any intimation of the death of any one from Major Home, though he did hear from others that an ar- tillery-man died fuddenly at the Mount fmce Lord Pigot's confine- ment ; and that an inqueft had been held on the body by Mr. John Balfour, who was appointed a Coroner at the Seffions held in Oc- tober laft. Mr. ( 7 ) Mr. Mallet being fatisfied on this head, is fworn, and proceeds to give his evidence. (See the evidence of William Mallet, fur- geon.) The Jury are adjourned till three o'clock in the evening. j o'clock. The Jury being aflembled, Mr. Mallet proceeds with his evi- 3 o'clock, dence. (See the evidence of William Mai let, iurgeon.) ** Mt The Coroner acquaints the Jury, that as Mr. Latham is come to j^ a , Madrafs from Cuddalore, he propofcs to call upon him for his 3 o'clock, evidence. Mr. Latham is called in and fworn. He proceeds to give his evi- 4 o'clock, dence. (See the evidence of Richard Latham, Eft];) The Jury de- P.M. fire to call upon Commodore Sir Edward Hughes, commander in chief of his Majefty's fhips in India, feveral of the witndles hav- ing made mention of Sir Edward's name. The Jury are of opi- nion he can give them fatisfadion on feveral points, of which other- wife they cannot acquire a fufficient knowledge. Mr. George Smith the Foreman of this Jury acquaints the Coro- ner and the Jurors, that, the Mayor being out of town, he muft amft as Senior Alderman at the Mayor's Court ; the Jury arc there- fore adjourned to nine o'clock the Wednefday morning following, g o'clock, P. M. The Jury being aflembled at the houfe of their Foreman Mr.- Wednefday, George Smith, Sir Edward Hughes is called in. Before he is fworn, 21 May, he obferves to the Coroner ami Jury, that in the late unhappy dif- 9 ' clo ?lF- putes at this place he has been add retted by both fides ; that he never took upon him to judge of the legality of the prefent govern- ment : that the part he thought it was his duty to take was, that of giving the afliftance of his Majefty's fquadron under his com- mand where he found the power to carry on the Company's fervice for the public good, agreeable to his inftru&ions ; and on the fame principle, he does not take upon him to judge of the legality of this Inqueil : that he is neverthelefs ready to give the gentlemen any information on the points they may defire of what may have come to his knowledge, and confident with the ftation he is in. He further obferves to the Coroner and Jury, that after what he has faid, he ihould fuppofe that the information on his word would 6 be. be fufficient; yet that he may be no impediment to their Inquiry, and the Coroner informing him that it is indiipenfible, he '{hall not object to being fworn on this occafion. Sir Edward Hughes is accordingly fworn, and proceeds to give his evidence. (See the evidence of commodore Sir hdxvard Hughes.) 1 1 o'clock. Tellafinga is called in and fworn. He gives his evidence. (See the evidence of Tellafinga.) 21 May, Mr. Hamilton is called in and fworn. He gives his evidence. 12 o'clock, (See the evidence of Mr. William Hamilton.) The Coroner adjourns A. M. t k e J ur y till 9 o'clock next morning. Thurfday, The Jury being afTembled at the houfe of their Foreman, Mr. 22 May, George Smith, the Coroner lays before the Jury an authentic copy 00 " from the Records from the Mayor's-court, under the feal of that court, containing extracts from the Minutes of a court held on Sa- turday the 3 1 ft day of Auguft 1776, extracts from the Minutes of a court held on Monday the 20" of September 1776, the oath of George Lord Pigot, read and filed in the faid court the 1 1 th of Octo- ber 1776. The Coroner alfo lays before the Jury a copy of a pro- clamation, published in this garrifon of Fort St. George, and affixed to the gates of the faid fort on the S5th of Auguft laft, which the Coroner informs them, he believes to be a true copy of the original proclamation affixed to the Sea-gate, which he faw and read atten- tively. Thefe being read to the Jury, the Coroner informs them, that he believes the evidence before them is fufficient ; that he has many things to obferve to them on the fubjecl: of the prefent inquiry, and therefore requefts that they will allow him till next day. The Jury, confidering that the evidence has been very long, are defirous that the Coroner may have a longer time than he has requefted, and Saturday next being a day on which the greater part of them have bufmeis which cannot well be difpenfed with, they defire to be ad- journed till Monday next, being the 26th of May. They are ac- cordingly adjourned to that time. Monday, The Jury being aflembled at the houfe of their Foreman Mr. 26 May, George Smith, fome of the Jurors defire that Meffrs. RuiTel and 10 A M[ C ' Monckton may be called upon, they having fome further queftions I to r 9 ) to put to them, Mr. Ruflel is accordingly called in and proceeds with his evidence. (See the evidence of Claude Ruflel, Efq.) The Jury are adjourned till 5" o'clock in the evening. i o'clock. The Jury being aflembled, Mr. Monckton is called in and pro- 5 o'clock, ceeds with his evidence. (See the information of the Honourable P. M - Edward Monckton, Efq.) The Jury are adjourned till 9 o'clock the next morning. 7 o'clock. The jury being aflembled at the houfe of their Foreman, Mr. TuefcUy, George Smith, the Coroner delivers in his Charge to t;em in writ- ing, which is read. (See the Charge of the Coroner.) The Jury are defirous of having fome time to confider of the Coroner's Charge ; alfo fome of the Jury think that the commiiTion of Lord Pigot, or an attefted copy of it, will enable them better to determine on their verdict. In confequence, The Jury are adjourned till Saturday 3ift May, at 9 o'clock in the I2 o'clock. forenoon. The Jury having aflembled at the houfe of their Foreman, Mr. Saturday, George Smith, the Coroner propofes to call on William Howard, Ma 7 3 1 * fervant to Mr. Ruflel, who is mentioned in that gentleman's inform- ation. Accordingly William Howard is called upon and (worn. He gives his evidence. (See the information of William Howard.) The Coroner produces a copy of the commiflion of Lord Pigot for the government of Madras, iigned a true copy, Jofeph Revell. He alfo acquaints them, that Mr. Revell is ready to anfwer fuch queftions as the Jury may think proper to put, relative to the faid copy. Mr. Revell is accordingly called in and fworn. He acquaints the Jury, that the copy which the Coroner has fhewn them was copied and examined by an original copy from the India-houfe, attefted by Mr. Peter Mitchell, Secretary to the Eaft India Company, with whofe hand-writing he is acquainted. (See the information of Mr. Jofeph Revell.) The Coroner lays the faid Copy before the Jury. To- morrow being Sunday, the Jury are adjourned till Monday the sd of June, at 9 o'clock in the morning. C The The Jury being aflembled at the houfe of their Foreman Mr. George Smith, one of the Jurors inform them, that he has fome o o'clock, public official bufmefs which he cannot neglect. The Jury being A - M - fatisfied of the neceffity which the faid Juror is under to attend the bufmefs which he has fpoken of, the Coroner adjourns the court to Thurfday the 5th inftant. The j urv being aflembled at the houfe of their Foreman Mr. George Smith, Mr. Tafwell acquaints the Coroner and the reft of the Jury, that he, as Mafter Attendant, is obliged to attend Com- modore Sir Edward Hughes upon fome bufmefs relative to the lofs of the (hip Marquis of Rockingham. The Jury are therefore ad- journed till 9 o'clock to-morrow morning. The Jury being affembled at the houfe of their Foreman Mr. George Smith, proceed to determine on the firft previous queftion propofed to them by the Coroner, viz. Whether Lord Pigot can or cannot be confidered as one who died in confinement, when the firft official notice which his friends received of his releaie was not till after his Lordfhip's death, and when his life had for fome days be- fore been defpaired of by the furgeons. The Jury having duly con- fidered the evidence relative to this queftion, are unanimous, that Lord Pigot died in confinement. One of the Jurors acquaints the Coroner and the Jury, that he cannot attend the Inqueft to-morrow, on account of fome bufmefs which he cannot neglect without preju- dice to his affairs, and the next day being Sunday, the Coroner adjourns the Jury to 9 o'clock on Monday next in the forenoon. 12 o'clock, The j urv t) e i n g aflembled at the houfe of their Foreman Mr. Tune>. y ' George Smith, proceeds to find their verdict. To-morrow, being the fitting of the Mayor's Court, the Jury are adjourned to Wed- nefday the I ith at 9 o'clock in the forenoon. The Jury being met at the houfe of their Foreman, Mr. George Smith, 'Mr. Tafwell informs him, that, as Mafter Attendant, he has been ordered to go down to the wreck of the fhip Marquis of Rock- ingham (loft off the Seven Pagodas, diftant from Madras about 30 Miles), which bufmefs will probably detain him fome days ; the Jury are therefore adjourned till Monday next, the lyth inftant. The Jury being met at the houfe of their Foreman Mr. George Smith, proceeds to confider of their verdict. Mr. De Fries reprefents 5 to ( II ) to the Coroner and the reft of the Jury, that his private affairs will not allow him to attend this Inqueft till Thurfday the 2<5th, on ac- count of the difpatch of the Company's fhip Hector, now about to depart for England. The Coroner adjourns the Jury to Thurfday the 26th of this I2 o'clock, month. . The Jury being aflembled at the houfe of Mr. George Smith their Thurfday, Foreman, proceed to confider of their verdict, the following queftion26 June, is put : Whether the confinement of Lord Pigot, and the treatment he met during that confinement, as it appears on the evidence before the Jury, were or were not the caufe of his Lordfhip's death ? The Jury find that the confinement of Lord Pigot, and the treatment he met with during that confinement, was the caufe of his Lordfhip's death. The Coroner obferves to the Jury, that they having found that Lord Pigot died in confinement, and that this confinement was the caufe of his Lordfhip's death, he, the Coroner, apprehends that the perfons who, from the evidence before the Jury, appear to be principally concerned in confining Lord Pigot, may be materially af- fected by the final verdict of the Jury, he therefore propofes, provided he has the approbation of the Jury, and they think that it can be attended with no bad confequences, to fummon thofe perfons to appear before this Inqueft, that the evidence taken before this jury may be read over to them in prefence of the withefles, and that they may have an opportunity to confront the evidences. The Jury having ma- turely confidered this matter, are of opinion, that this cannot be done in the fituation of the prefent government of this fettlement, with- out rifking the peace of the community, and fubjecting this enquiry to infuperable difficulties ; that if the perfons mentioned in the evi- dence are brought before this Inqueft, they ought to be brought before them as prifoners, which in the prefent fituation, and con- fidering the Coroner cannot compel obedience to his warrants under the prefent government, cannot be done. The Coroner concurs in opinion with the Jury. The Jury are adjourned to Monday the 3cth inftant. The Jury being aflembled at the houfe of Mr. George Smith their'Monday, Foreman, proceed to confider of their verdict, the following queftionjune 30. is propofed : What denomination in law does the death of Lord C 2 Pigot, Pigot, occafioned by his confinement, and the circumftances of that confinement, come under? Some of the Jury are earneft, that the confideration of this quef- tion may be poftponed till a further day, but the Jury in general being defirous that the queftion may be put now, it is put accord- ingly. The Jury are equally divided. Six being of opinion that the offence incurred by the death of Lord Pigot can be coniidered as no lefs than murder ; and fix, that it amounts to manflaughter only. The Coroner obferves, that the voices being equal, the queftion muft be reconfidered. The (hip Hector being ftili in the road under difpatch, feveral of the Jury declare that they cannot attend till after her departure. They are adjourned to Monday the 7th of July. Monday, The Jury being aflembled at the houfe of their Foreman Mr. July 7. George Smith, proceed to find their verdict By defire of feveral of the Jury, they are adjourned to Saturday the I2th inftant. The Coroner acquaints the jury, that as feveral of them has expreffed a doubt of the propriety of coming to their final verdict, till they have heard what the perfons, by whom Lord Pigot was confined, have to allege in their own defence, he (the Coroner) has to obferve to them, that the fitting of this inqueft is notorious to the whole fettlement ; that befides the number of witneiTes, whofe informations were publicly taken, feveral perfons, as well Europeans as Black People, have been at different times prefent at the meetings of this Jury. That, moreover, he is well informed that many of thofe per- fons, who were particularly concerned in the confinement of Lord Pigot, and who now act as Governor and Council of this Settle- ment have, in a joint Tetter to the Court of Directors, made mention, that he (the Coroner) has fummoned an inquifition on the body of Lord Pigot, which was ftill fitting : That therefore they could not pretend ignorance of the prefent inquiry, and if they had any thing to allege in juftification of their conduct in confining Lord Pigot, if concerned them to have attended the Inqueft : That the Jury had already determined, that as things were at prefent circumftanced, it would not only be impracticable, but highly imprudent, for him (the Coroner) to attempt to bring them before the Jury by his war- rants j that for the foregoing reafons he was clearly of opinion, the neglect of thofe perfons, in not attending to urge what they might have to fay in their defence, was no reafon for the Jury to delay finding ( '3 ) finding their final verdict ; provided, however, that if in the mean- time any of thofe perfons mould appear, what they might have to fay in their defence fhould be attended to. The Jury are fatisfied that they may find their final verdict with- out waiting till the perfons before mentioned are brought before them, as thofe perfons are undoubtedly well acquainted with the na- ture of the prefent inquiry, and might attend ihis inqueft to defend their conduct if they chofe, Mr. Tafwell acquaints the Jury, that- as Mailer Attendant, his time will be fo much taken up till the fail- ing of five of the Company's {hips, now under difpatch for China, that he cannot attend till after they have failed. The Jury are therefore adjourned to Wednefday the 3Oth of this month. The Jury being aflembled at the houfe of their Foreman Mr. Wednefday,. Smith, the following queftion being again put, What denomina-so tion in law does the death of Lord Pigot, occafioned by his con- finement, and the circumftances of that confinement, come under? The Jury find, That the death of Lord Pigot, occafioned by his confinement, and the circumftances of that confinement, cannot be confidered as a lefs offence in the eye of the law than Murder. The Jury proceeds to confider who are principals and who are ac- ceiTaries in the murder aforefaid: The Jury find, that George Strat- ton, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jourdan, George Mackay, Sir Robert Fletcher, Colonel James Stuart, Lkutenant-Colonel James Edingtoun, Captain Arthur Ly- faght, are ail principals, as they all entered into a combination and confpiracy to deprive Lord Pigot of the government of Fort St. George, and to feize and confine his perfon ; in the execution of which eonfpiracy they each took their refpe&ive parts. The Jury alfo confider Major Matthew Home as a principal, as from the time of the delivery of Lord Pigot into his cuftody, to the time of his Lordfhip's death, he did himfelf reftrain and confine Lord Pigot, and by his orders did caufe Lord Pigot to be retrained and con- . fined. The Jury alfo find, that the ferjeant who was prefent when Lord Pigot was leized, alfo the ferjeant who did duty at the Com- pany's garden-houie, alfo the foldiers and officers of the corps of artillery flationed at the Mount, and the Seapoys both at the Mount and at the garden houfe, acceffaries to the murder aforefaid. The Coroner reprefents to the Jury, that the law directs, that they fliould now enquire what goods and chattels, lands and tenements, the perfons charged with the murder aforefaid are pofleiTed of. The Jury Jury defire they may have time to connder how far this part of their duty can in the prefent ftate of this fettlement be carried into execution ; and in the mean time that the Coroner draw up the Inqueft agreeable to what they have this day found ; the Jury are therefore adjourned to Tuefday the 5th day of Auguft. Tuefday, Th e J ur y being aflembled at the houfe of their Foreman Mr. U * 5 * George Smith, the Coroner lays before them a foul draught of an inqueft, which is read and approved with fome amendments ; the Coroner then acquaints them, that he will draw out the inqueft agreeable to the propofed amendments, and lay it before them on Thurfday. Some of the Jury objecting that they cannot attend till fix o'clock in the evening of that day, the Jury are adjourned till fix o'clock in the evening of the feventh of Auguft. Thurfday, The Jury being aflembled at the houfe of their Foreman Mr. ugu 7* George Smith, the Coroner acquaints the Jury, that he is fenfible.that, in the prefent ftate of the fettlement, an enquiry after the goods and chattels, lands and tenements, of the perfons charged with murder in the inqueft, is utterly impoflible ; he therefore is of opinion, that the impoflibility of doing this part of their duty will be a fufficient plea for the non-performance of it; and accordingly he has concluded the inqueft without any mention of the goods and chattels, &c. of the perfons charged in the Inqueft ; he then propofes that the inqueft fhould be read over and figned. It being late at night the Jury defire to be adjourned till to-rnorrow morn- ing, when they propofe to fign the Inqueft. ? r l day 'n The Jury being aflembled at the houfe of their Foreman Mr. u u ' George Smith, the Inqueft is read over, and figned by the Coroner and Jury. The Coroner now obferves to the Jury, that though their verdict has been given in and recorded, yet they muft be fenfible it would be highly improper for him to deliver it in to the perfons who at prefent act as a Bench of Juftices ; he therefore propofes to keep the Inqueft by him until there is a government of unqueftionable authority eftablifhed. Septem. c. The J ur Y being aflembled at the houfe of their Foreman Mr- George Smith, the minutes are read and approved. Mr. D' Fries, and 6. and Mr. Ewing, deliver in letters, declaring their reafons for fign- ing the verdidt contrary to their private opinion. (See the letters from MefT. D' Fries and Ewing.) The The Coroner addrefled a letter to the Governor and Council. (See g eDtem 2 , the Letter.) On the 26th, he alfo addrefled a letter to Mr. D' Fries and Mr. Ewing, to acquaint them that he thought it improper to comply with their requefts in their letters before mentioned^ (See the Letter to Mr. D' Fries.) (A true Copy.) WM^*SEDGLEY, Clerk of Peace* ( 1 6 ) Town of MADRASPATNAM. Jfl The INFORMATION of the Honourable Edward Monckton, Efq. taken upon Oath before me George Andrew Ram, Coroner of our Lord the King for the 'Town of Madrafpatnam aforefaid, on an Inquifition held at the Company s Garden-houfe^ about a Mile di ft ant from Fort St. George, within the DiftriEls of thefaid Town, on the view of the Body of the Right Honourable GEORGE Lord PIGOT, there lying dead> and by Adjournment at the Houfe of Mr. George Smith (Foreman of the faid Inqueft\ in thefaid Fort. THIS Informant, on his oath, faith, That he firft knew Lord Pigot on his (this Informant's) arrival in India in the year 1762. Since Lord Pigot J s laft arrival in India, this Informant mar- ried his Lordfhip's eldeft daughter in March 1776. This Informant has feen Lord Pigot almoft every day fmce his marriage with Lord Pigot's eldeft daughter, except during Lord Pigot's abfence at Tan- jour, and at thofe times in his late illnefs, when he was fo much in- difpofed as to make thevifits of his family and friends inconvenient to him. On the 24th of Auguft laft Lord Pigot was made a prifoner, and carried to St. Thomas's Mount, where he was delivered over to the charge of Major Matthew Home, by the orders of Meff. George Stratton, Sir Robert Fletcher, Henry Brooke, Charles Floyer, Arch- dale Palmer, Francis Jourdan, and George Mackay, as appeared by a proclamation iffued the next day by the authority and under the flgnature of thefe gentlemen. ( '7 ) 'After Lord Pigot's confinement this Informant went and refided at the houfe called General Lawrence's houfe, at St. Thomas's Mount. 'Lord Pigot's family alfo refided there. Major Matthew Home fhewed this Informant a long order from Colonel James Stuart, wherein he directed Major Matthew Home to take charge of Lord Pigot's perfon, and to give Captain Lyfaght (who, as Lord Pigot told this Informant, was the perfon that carried Lord Pigot to St. Thomas's Mount) a receipt for the fame. This Informant read the order, and took notice of the fignature of Colo- nel James Stuart. Major Matthew Home alfo {hewed this Inform- ant another order, figned by MeflT. George Stratton, Sir Robert Fletcher, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jourdan, and George Mackay, wherein, after giving Major Mat- thew Home orders relative to keeping Lord Pigot prifoner, there are words to the following purport : " In cafe of an attempt to " refcue Lord Pigot > his life mujl anfwer it, and this you 'will Jig- " nify to him" Lord Pigot had a knowledge of this order a day or two after it was received, but this Informant does not exactly recollect the time. On the 27th of Auguft laft, as this Informant was getting into bed, between eleven and twelve o'clock at night, feveral of Lord Pigot's fervants came and called this Informant, and faid that Lord Pigot was fighting with the foldiers, that there was a chaife with pro- vifions in it, and an armed man behind it in a great cloak. He added, that the chaife was to carry Lord Pigot to Gingee. Mr. La- tham (who alfo lived in the houfe called General Lawrence's houfe) and this Informant immediately ran to Major Home's houfe. Mr. Dalrymple had got there before them. On this Informant's arrival, he faw the chaife at the gate ; Lord Pigot was (landing in the veranda of Major Home's houfe ; Lieutenant Gifon, who guarded Lord Pigot, ftanding by him ; Lieutenant-colonel James Eidingtoun and Major Home at the foot of the fteps. This informant heard Major Home fay, " My Lord, it does not fignify, my orders are pofitivej " and I mujl obey" Lord Pigot demanded to know to what place they intended to carry him. This Informant faid (fo as to be heard by all prefent), that they were going to take Lord Pigot to Gingee. Lieutenant-colonel Eidingtoun made anfwer, " My Lord, I am not " at liberty to inform you where you are going : I can affure you, " Mr. Monckton (fpeaking to this Informnat), that he is not going ' to Gingee, but to a place offafety" This was no fooner faid than D a guard a guard of- artillery-men came into the garden: Lord Pigot ad- vanced up to them, and addreffed them to the following purport, that " he had known many of them a long time ; they had fought " with him at the fiege of Madras ; he therefore would depend upon *' the m, and would remain 'with them at the Mount, or they JJoould " take him to the Commodore* 'j, to demand the protection of the King's " fa& J or place him in his o he 'was refolded , that they (the people in pojfefflon " of the Government) Jlwuld never do the like again 'while he had life :' ' D 2 That ( 20 ) That Major Home had faid to him, " you need not be afraid of being " kidnapped 'while under my charge, but Jhould I receive orders to " march you into the Fort, Ifoall confider whether it is not my duty " to obey"'' Several gentlemen of the Settlement were fo alarmed on Lord Pigot's account, that, on the 7th, a letter was addrefled to Mr. Secre- tary Oakeley, figned by between thirty and forty gentlemen of the Settlement, fetting forth their alarms and fears, on account of the intention of fending Lord Pigot home, and defiring Mr. Secretary Oakeley to lay the letter before Mr. Stratton and his aflbciates. It was fome time after that Major Home received a letter from Mr. Secretary Sullivan, defiring him to acquaint Lord Pigot, that the people in power had come to a refolution not to fend Lord Pigot home by the (hip then under difpatch. This Informant has alfo reafon to believe, that Mr. Stratton and his aflbciates applied about the igth of October laft for the fanction of the Governor General and Council at Bengal to fend Lord Pigot to England, and that the Governor General and Council had, in an indirect and artful man- ner, given their concurrence. Both which meafures were known to Lord Pigot ; the letter from hence, a day or two after it was written, the anfwer, this Informant believes, was known to Lord Pigot foon after it was received, which was in the month of December. This Informant fhould have mentioned before, that on the 28th of Auguft, early in the morning, after the attempt was made to remove Lord Pigot from the Mount, immediately on the return of Meflrs. Ruflel, Dalrymple, Lathom, and this Informant, to General Lawrence's houfe, where they lived, they addrefled a letter to Commo- dore Sir Edward Hughes, fetting forth the circumftances of the attempt before mentioned, and demanding from Sir Edward Hughes the pro- tection of the King's flag for Lord Pigot. This letter was figned, he thinks, by Meflrs. Ruflel, Dalrymple, Lathom, and himfelf, this In- formant. The fame morning Lord Pigot himfelf addrefled a letter to Sir Edward Hughes to the fame purport. The letter produced a promife from MtflYs. Stratton and his aflbciates to Sir Edward Hughes, that they would not remove Lord Pigot for the prefent, without his (Sir Edward Hughes) previous knowledge. Lord Lord Pigot alfQ fent into the Mayor's Court a petition for a writ of Hibeas Corpus, but it was judged by a majority of the Court, that they had not a power to grant fuch a writ. Lord Pigot afterwards commenced a fuit in the Mayor's Court agamit Sir Robert Fletcher for damages, alfo againft Colonel James Stuart, Captain Arthur Lyfaght, and Lieutenant-colonel James Eidingtoun, whom he had reafon to believe were about to depart the jurifdiction of the faid Court. To thefe fuits the de- fendants before mentioned demurred, and appealed to Mr. Stratton and his aflbciatcs, who took upon themfelves to act as a Court of Appeals; but it appears by the order or refolution, which they palled on the occafion, copy of which this Informant has feen, that they acknowledged themfelves parties, as it was by their orders that Lord Pigot was confined. The defendants thereupon declared their refolution of appealing to the King and Council, by which means no further proceedings were had in the Mayor's Court, and whilft the fuits were in this fituation Lord Pigot died. Lord Pigot during the firft part of his confinement was in very good health. His illnefs was firft apparent about the 4th or 5th of March laft ; a few days after Mr. Paiky, the furgeon, who attended his Lordfhip, thought him in fome danger ; Lord Pigot towards the end of March got better a good deal. Early in April he was again taken ill, and continued growing worfe, fo much fo that this Informant believes Mr. Mallet (the furgeon to the corps of artillery at the Mount) thought that Lord Pigot could not recover j and this Informant has reafon to think that Mr. Mallet commu- nicated his opinion to Major Home. On the 28th day of the faid month, Lord Pigot was removed to the Company's Garden-houfe, by the advice of Mr. Pafley. This Informant underftands, that the removal of Lord Pigot from the Mount to the Company's Garden-houfe was brought about by an application from Major Home to Mr. George Stratton. On the 28th of April, in the evening, after Lord Pigot's removal to the Company's Garden-houfe, this Informant had fome conver- fation with Major Home, in prefence of Sir Edward Hughes, the purport of which this Informant wrote down (as nearly as he could re- collect) on the firft of May, and was as follows : " Major Home told " this Informant, that when he efcorted Lord Pigot from the Mount " in " " in the morning of the 28th, it was only in compliment to Lord " Pigot, and not confidering him as his prifoner, for he looked upon " Lord Pigot as free, from the time he left the Mount j but, on his < gi n g i nto l ^ e Fort immediately after, the gentlemen there af- " iembled in council, were going to call him (Major Home) to a fe- u vere account for letting Lord Pigot out of confinement until he " (Home) produced to them two letters that pafled between him and Mr. Stratton, wherein he (Home) demanded of Mr. Stratton, " whether Lord Pigot, after leaving the Mount, was ftill to be con^ tc fidered as his prifoner, and Mr, Stratton in anfwer tells him (Major " Home) that he (Mr. Stratton) could not immediately get the opinion " of the reft of the gentlemen ; but he dared to fay that they would 41 join him in opinion, that Lord Pigot fhould no longer be confidered " as a prifoner. Mr. Stratton acknowledged to them, that he had " taken too much upon himfelf, and that he (Major Home) had pro- * { mifed to them, to take again immediate charge of Lord Pigot's " perfon, which fatisfied the gentlemen. That he was come to give the neceflary orders to the guards, and to acquaint this Informant that Lord Pigot was ftill to be confidered as his prifoner. This Informant begged of Major Home, to keep this matter for the prefent as private as poffible, to prevent its coming to Lord Pigot's knowledge, whilft he remained in fo dangerous a ftate. Major Home afiured this Informant that he would, and that for the pre- fent, the only orders which he fhould give to the guards, would " be to keep every thing quiet, and only let fuch perfons as Lord 1 Pigot chofe go in to him.'' The fame evening, viz. the 2 8th of April, this Informant faw Mr. Sydenham (who ats as Town-major) at the Company's Garden-houfe ; Sir Edward Hughes, who was there with this in- formant, told him that Mr. Sydenham was come to deliver over the command of the guard at the Company's Garden-houfe to Major Home. This Informant fays, that a ferjeant was pofted at the Company's Garden-houfe to the beft of his remembrance the fame evening. This Informant is not certain how long the ferjeant continued there ; but the day before Lord Pigot's death there was a great noife in the Buzar, near the Company's Garden-houfe, and this Informant fent a fervant to the ferjeant to defire he would fend fome fepoys to put a ftop to it ; the fervant brought for anfwer, that the ferjeant faid he would do fo ; from which this Informant believes that the ferjeant remained c " " remained on duty from the 28th of April, till that time. This Informant frequently faw the ferjeant at his ftation in the inter- mediate time. This Informant underftood from Mr, Ruflfel', that the ferjeant had told Mr. RufTel's fervant, Howard, that he the ferjeant was placed at the Company's Garden- ho ufe, to take charge of the perfon of Lord Pigot and the command of the guard there, and to report every morning and evening whatever pafled to Major Home. This Informant has reafon to believe, that Mr. Pafley mentioned the dangerous fituation of Lord Pigot, with regard to his health, to feveral, in particular to Meflrs Stone and Ruflel, from the conver- fation this Informant has had with them at different times before Lord Pigot's death ; alib to Mr. George Stratton. Mr. Pafley hav- ing told this Informant, that Mr. Stratton had acquainted him, that he (Mr. Stratton) recollected that Lord Pigot, on going to Tanjour, faid to him, George, (meaning him Stratton) in cafe of any acci- dent happening to me, my will and Mrs. Monckton's marriage fet- tlement, are in that book-cafe (pointingto a bureau and book-cafe), Mr. Stratton added, This will be fatisfadlion for you to tell Lord Pigot's friends. Mr. Pafley mentioned this converfation to this In- formant two or three days before Lord Pigot's death. * The morning before Lord Pigot died, viz. Saturday, the loth of May, Lord Pigot's voice was fo ftrong, that this Informant could not help expreffing his hopes to Mr Pafley, that Lord Pigot was not then paft recovery; but Mr. Pafley allured this Informant, that it was impoffible that Lord Pigot could recover ; he added, that Lord Pigot might hold out for a day or two longer, or it might be he would go- off in a few hours. Lord Pigot died the next morning, being the iith of May, be- tween the hours of ten and eleven o clock. Immediately on the death of Lord Pigot, this Informant addrefled a letter to Major Home, to demand the body j copy of which, with Major Home's original an- fwer, this Informant begs leave to lay before the jury. 1 his In- formant alfo fent notice of Lord Pigot's death to Mr. Ram, the Co- roner, requefting he would take an inqueft on the body of Lord! Pigot.. This ( 24 ) This Informant confidered Lord Pigot under confinement at the time of his death, though about nine o'clock in the morning Lord Pigot died, this Informant did hear fome one fay, he does not re- member who it was, neither was it addrefled to him, " That Major " Home had come to the Company's Garden- houfe the evening be- tl fore, and had told the ferjeant, that he (the ferjeant) was not to " confider Lord Pigot as any longer under his charge." Mr. Pafley, who attended Lord Pigot, told this Informant, between four and five o'clock the fame morning, that Lord Pigot had not above an hour to live. This Informant further faith, on his oath, that from the time he knew Lord Pigot, and previous to his confinement, he never knew his Lordfhip to be fo much indifpofed as to oblige him to keep his chamber for a day, or to oblige him to take any medicines from the furgeons. Lord Pigot before his confinement was accuftomed to take frequent and much exercife. Since the marriage of this Informant with Lord Pigot's eldeft daughter, it was Lord Pigot's general cuftom before breakfaft, to come from the Fort to this Informant's houfe upon Choultry plain (which is about two miles), in an open chaife, and then take up his youngeft daughter and take an airing of two or three miles ; when he did not call upon her, he would walk out from the Fort to the Company's Garden- houfe, which is above a mile; after breakfaft Lord Pigot ufually walked in the Company's Garden, and gave orders to the workmen there till near ten o'clock and fome- times later ; after that, his Lordfhip would go into the Fort generally in his chariot, to bufmefs and dinner. Sometimes when this Informant has come to the Company's Gar- den-houfe of an evening between fix and feven o'clock, he has known Lord Pigot lay himfelf down on a cot for an hour or two, and fay, that he had been walking on the fortifications of the Fort, from thence out to the Company's Gardens, and in the Gardens, ever fince dinner, and that his company had broke up from dinner, be- tween three and four o'clock. This Informant never heard Lord Pigot make any complaint of ill effe&s from the heat of the fun. Lord Pigot fupped at the Garden-houfe, and after fupper generally returned in his chaife to the Port, where he always flept. 6 After After Lord Pigot's confiement at the Mount, the exercife which he generally took was, walking once or twice a day to and from the houfe where this Informant and his Lordfhip's family lived and Ma- jor Home's houfe, the diftance being between three and four hundred yards ; when at the houfe where this Informant lived, he generally employed himfelf either in the garden, or in giving orders to car- penters and other workmen, never ufmg much exercife in the garden. This Informant has known Lord Pigot go to the top of the Mount five or fix times during his confinement, and one afternoon Lord Pigot went out in a chaife, in company with Major Home and Major Home's family to the Quarter Surs (hills about three miles diftant from the Mount). This Informant has alfo known Lord Pigot walk out on the Mount Plain a mile, fometimes a little more, but feldom fo far. At other times Lord Pigot would go to the gentlemen's houfes at the Mount, none of them being at a greater diftance from Major Home's houfe, than the houfe in which this Informant refided. Lord Pigot was conftantly attended by an officer and one or two artillery- men. The only room allotted to Lord Pigot in Major Home's houfe, ap- peared to the Informant to be about 32 feet long and 18 wide, and was the beft room in the houfe : latterly, whilft Lord Pigot was fick, this Informant obferved, that his Lordfhip's fervants made ufe of a clofet adjoining, which before Lord Pigot's ficknefs, and from the time of his confinement. Major Home ufed as a writing-room. Lord Pigot had alfo the ufe of the hall, into which his room opened, in common with Major Home's family, alfo the ufe of the veranda. Lord Pigot once told this Informant, " that Mr. George Stratton " had applied to him through Major Home, for the key of a room in " the Fort-houfe ; that upon that occafion he (Lord Pigot) had a great cc inclination to take Major Home into the room allotted to him, and " ihew Major Home the little room and conveniencies he had, and " that the box of a coach- feat and the back of two chairs, was all he " had to keep his things in and on, but that he had contented him- " fe If with making no anfwer." E A few A Tew days after Lord Pigot's ^^^S 1 to Major Home to write to Mr. Stratton and his affociates to Lord Pigot to live at the houfe (known by the name of General Lawrence's houfe) where this Informant and Lord Pigot s family re- fided between three and four hundred yards from Majoi rHornc s houfe; reprefenting that they (the people m F*j^j^f Tcrnment) could place as many guards as they V^g* got at that houfe. Major Home afterwards old this Dormant that he (Major Home) had applied to the people m poffeffion of the g*4rnrnent, but thai they had refufed to allow of it, with which this Informant immediately acquainted Lord Pigot. Lord Pigot was exceedingly moderate in his eating and drinking. He was a man of fuch nice feelings, that although his fituation mill have preyed upon his fpirits very much, yet this Informant is < vinced, that Lord Pigot took great pains not to betray his anxiety 1 his friends. He was about fifty-eight years old when he (Signed) EDWARD MONCKTON. Sworn the lath day of May, in the feven- teenth year of the reign of King George the Third, and in the year of our Lord 1777* before me, (Signed) G. A. RAM, Coroner. No. i. Company's Garden-houfe, eleven o'clock, the Htb day of May, 1777- S I R, Lord Pigot having died this morning under your charge, 1 require you to deliver his body over to me, that his friends may iee the fame decently interred. I am, SIR, Your moft obedient Servant, (Signed) EDWARD MONCKTON. Major Matthew Home. (A true Copy from the original) (Signed) EDWARD MONCKTON. (A true Copy from the paper delivered in by the Honourable Ed- ward Monckton, Efq;) (Signed) G. A. RAM, Coroner. (A true Copy) WM. SEDGLEY, Clerk of Peace. To the Honourable Mr. Monckton. No. 2. S I R, I have this moment received your letter, and am extremely forry to hear of Lord Pigot's death. In confequence of directions from Mr. Stratton, the guards at the Garden-houfe were informed laft night, that they were no longer under my direction ; or in any man- ner to have charge of Lord Pigot's perfon any longer, but were to remain at the Company's Gardens with no other orders but the ufual ones, before Lord Pigot's removal from the Mount. His Lord(hip's body is therefore under no manner of reftraint ; his friends may re- move it with every convenience they pleafe. I (hall immediately in^ form Mr. Stratton, who, I doubt not, will direct every honor to be fhewn at his, Lordlhip'e funeral. I, have the honor to be, Choultry Plain, IlthofMay, 1777, S I R, half paft 1 1, o'clock fyrenoon-i Your moft humble Servant, (Signed) MATTHEW HORNE. (A true Copy from the original in the hand- writing of Major Mat-*- thew Home.) (Signed)- G; A. P*AM, Coroner, (A true Copy) W.M. SED.GLEY, Clerk, of the Peace. 01V 'H Town of MADRASPATNAM. Jf. The INFORM AT I O N of Claude RuflTel, Efa taken upon Oath before me George Andrew Ram, Coroner of our Lord the King for the Town of Madrafpatnam afore- id) on an Inquifition held at the Company s Gardeir. ufe^ about a mile dijlant from Fort St. George, within the D ift rifts of the f aid Town ) on the View of the Body of the Right Honourable GEORGE Lord PIGOT, there lying dead* y and y by Adjournment , at the Houfe of Mr. George Smith (Foreman on thefaidlnquejl)^ in the f aid Fort. THIS Informant on his oath, faith, That he firft knew Lord Pigot in the year 1 754, when his Lordfhip came from Viza- gapatnam to Madras, to fucceed to the government of that place. This Informant's intimacy with Lord Pigot commenced on this In- formant's arrival in England in the year 1772 ; but he became more particularly intimate with Lord Pigot, fince hisLordfhip's appointment in March 1775 to the government of Madras, and this Informant's appointment to a feat in Council at that place about the fame time. This Informant embarked in April 1775, on the (hip Grenville, with his Lordfhip, and they arrived here the gth of December fol- lowing; fince which this Informant has hardly been a day feparate from his Lordfhip, excepting the time of Lord Pigot's abfence at Tanjour. On the 24th of Auguft laft in the evening, there was a meeting in the council-room (but not a confultation) of the following gentle- men ; namely, Lord Pigot, Governor; Mr. Dalrymple, Mr. Stone, Mr. Lathom, and this Informant, of the Council ; Colonel James Stuart, acting Commander in Chief \ Mr. Sullivan, Military Secre- tary; tary ; Mr. Baine, his deputy; and this Informant believes, Mr. Oakeley, Civil Secretary was alfo prefent part of the time. Colonel Stuart had been the day before appointed by Lord Pigot and the above-named gentlemen of the Council, to the command of the army, on Sir Robert Fletcher's (the Commander in Chief) having been put in arreft, for an attempt to raife a mutiny in the garrifon of Fort St. George : Colonel James Stuart's appointment had been declared in public orders, and he (Colonel James Stuart) had re- ceived from Lieutenant Pendergaft, the Town Adjutant, an official copy of thofe orders ; which orders at the meeting beforementioned, he engaged to circulate to the out garrifons that very night. After the meeting was over, about eight o'clock in the evening, Lord Pigot went out in his chaife with Colonel James Stuart, as this Informant has reafon to believe, from hearing Colonel James Stuart fay to Lord Pigot, that he (Colonel Stuart) depended on his Lord- fhip for a caft to the Company's Garden-houfe, where they were to fup. Mr. Dalrymple, Mr. Latham, and this Informant followed foon after on foot ; between the fecond Bridge and the Company's Garden-houfe, they met with Mr. Stratton's carriage and Mr. Mackay's chaife going towards the Fort (this Informant thinks alfo Sir Robert Fletcher's carriage). This Informant then haftened to the Garden-houfe, in order to acquaint Lord Pigot with this, as it appeared ftrange, that they (who had been fufpended from the Company's fervice the day before) fhouid be going to the Fort at that time of night, particularly, as this Informant knew that Mr. Mackay had an entertainment at his houfe in the country. This Informant, not finding Lord Pigot at the Company's Garden-houfe, wrote a note with a pencil to acquaint his Lordfhip of this circumftance, and gave it to a Peon to go in queft of his Lordfhip. Some time elapfed without hearing any thing of Lord Pigot, which made this Informant and his Lordfhip's friends at the Garden-houfe very uneafy ; Mr. Baine, the Deputy Secretary, foon after came out on horfeback to acquaint this Informant and Lord Pigot's friends at the Garden-houfe, thatMefTrs. George Stratton,Sir Robert Fletcher, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jourdan, and George Mackay, had taken pofieffion of the Council-room. Hearing foon after, that Lord Pigot had been carried a prifoner to the Mount, this Informant thought it his duty, as fecond in Coun- cil, to repair immediately to the Fort. In his way thither, this In- formant met with Mr. Stone, who accompanied this Informant ; 5 when ( 3 ) when they entered the Fort and came near to the main guard, this Informant met the Town Major, Captain Wood, who told this In- formant, that he (Captain Wood) had been put under an arreft for doing his duty. This Informant therefore direded the Town Ad- jutant, Lieutenant Pendergaft, who happened to be near, to go to the Captain of the main guard, and acquaint him, that it was his order, in the abfence of Lord Pigot, that the guards fhould ftand to their arms : obferving that the Captain of the main guard (Captain Adair) -hefitated to comply with thofe orders, this Informant went himfelf to Captain Adair, and repeated his orders, apprifing Captain Adair of the danger of refufing obedience, as this Informant was the commanding officer in the abfence of Lord Pigot, under whofe orders the guards were ; Captain Adair feemed to be much alarmed, and muttered fomething about the Commander in Chief; upon which this Informant afked Captain Adair, if he had received any orders contrary to what this Informant then gave him; Captain Adair an- fwered in a confufed manner, that he had received orders from the Commander in Chief: about this time a croud of officers aflembled: round, and as the guard appeared to be ftanding to their arms, part having already fallen in, this Informant was advancing towards their front, when Colonel James Stuart came up to this Informant, and toldiiim he muft go to the Confultation-room : this Informant re- plied he was not under the orders of Colonel Stuart ; but on the contrary, that he was under the orders of this Informant: fome more words to the fame tendency pafled between Colonel Stuart and this Informant, when Colonel Stuart called out for orderlies, ordering them to feize this Informant ; Colonel Stuart at the fame time laying hold of this Informant; Lieutenant-colonel Eidingtoun and Captain Barclay, each feizing this Informant by the arm ; this Informant call- ed out to the officer of the guard for affiftance, but in vain, although fome of the grenadiers did ftep out of their ranks. In. this manner, this Informant was dragged by Colonel James Stuart, Lieutenant- colonel James Eidingtoun, and Capt. Barclay, fome orderlies pufhing this Informant behind, to the Council-room ; where this Informant found Meflrs. George Stratton, Sir Robert Fletcher, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jourdan, and George Mackay, fitting at the Council-table. This Informant was detained, in the Council-room, until Colonel James Stuart dictated a narrative of what had pafled upon the Parade to Mr. Jourdan, who appeared to aft as Secretary. Mr. Stratton, who acted as Prefident, afked this Informant what he had to fay in anfwer ; this Informant replied, that he did not know by, what authority they fat there, aiid therefore 8 fliould fhould make no anfwer to their queftion (or words to that effect). Colonel James Stuart thereupon received orders, from the perfons before mentioned, to declare on the Parade, that this Informant was fufpended from the fervice, after which they allowed this Informant to retire. The fame night this Informant wrote an account of what had happened in the Fort, to Lord Pigot, which, to this Informant's knowledge, Lord Pigot received. Early next morning this Informant went to the Mount, and found Lord Pigot in confinement, who related to this Informant the par- ticulars of his feizure, as he could find opportunities, being at that time ftrictly guarded by Major Home, at whofe houfe his Lordfhip was, or the Officers on duty, without whofe permiffion this In- formant underftood that his Lordfhip could not converfe in private with his friends. This informant alfo heard the fame morning from Commodore Sir Edward Hughes (commander in chief of his Ma- jefty's fquadron in India), that Lord Pigot had been denied the privi- lege of fpeaking with him (Sir Edward Hughes) in private ; Major Home fome time afterwards relaxed in the tirictnefs of the manner in which he guarded Lord Pigot. This Informant has feen a copy of an order to Major Home from Colonel James Stuart, directing Major Home to receive into his charge the body of Lord Pigot, dated the 24th of Auguft. This Informant does not recollect the particulars, as the order was long. On Sunday the 25th of Auguft laft, Major Home {hewed this Informant an order which he had juft received from, the Fort, figned by Meflrs. George Stratton, Sir Robert Fletcher, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jourdan, and George Mackay ; that latter part of which order was conceived in thefe wards : " As the loft refource in cafe of an attempt to refcue Lord *' Pigot, his life muft anfwer it ; and this ycu will figmfy to " him. 3 ' Shortly after this Informant communicated this to Com- modore Sir Edward Hughes, reprefenting to him that there feemed to be a propriety in demanding, as his Majefty's Officer, a fight of an order fo veiy extraordinary in its nature, which he accordingly did; and Major Home, in confequence, fhewed him the faid cider in prefence of Lord Pigot, Mr. Dairy m pie, Mr. Monckton, and this Informant. Some days afterwards this Informant made an affidavit before Mr. John Turing, then Mayor (who is one of the Jurors on this Inqueft), of the truth of the above order, copy of which affidavit he ( 32 ) he now delivers in to the Coroner. This Informant does not know whether Major Home did acquaint Lord Pigot with this order ; but this Informant did himfelf acquaint Lord Pigot with it, though not immediately, nor for one or two days. This Informont does not believe that the order was ever with- drawn, and he knows that neither Lord Pigot, nor any of his friends, could procure from Major Home a copy of this order, though Major Home furnifhed his Lordfhip with copies of other orders. This Informant refided conflantly at the Mount from the day of Lord Pigot's confinement, until his removal from thence to the Company's Garden-houfe. On the ajth of Auguft laft, between the hours of eleven and twelve at night, an attempt was made to remove Lord Pigot from the Mount. This Informant had that evening made a vifit to a gentleman's houfe, about four miles diftant from the Mount ; on his return to the Mount after midnight, a fervant came running to him in great agitation, and told him in Moors, that an officer was come with Sepoys, and was righting with Lord Pigot. This Informant ran to Major Home's houfe, where he found Lord Pigot, Major Home, Lieutenant-colonel Eidingtoun, Mr. Monckton, Mr. Dalrymple, and Mr. Lathom, in front of the houfe in high words ; upon this Informant's joining them, and enquiring into the matter, he found that Lieutenant-colonel Eidingtoun had come with an intent to carry Lord Pigot away. This Informant ought to have mentioned that in his way to Major Home's, he met with one cf Lord Pigot's Peons, who informed him that there were parties of men planted on the road to Gingee, whither an officer was going to remove his Lordfhip. At the time this Informant arrived the fray was almoft at an end. This Informant never in his life faw Lord i igot fo much agitated* Soon after Lieutenant-colonel Eidingtoun defifted from attempting to remove Lord Pigot, who retired upon Major Home's telling him that he fhould remain fafe for that night. This Informant after- wards heard Mr. Monckton and Mr. Dalrymple reproach Lieutenant- colonel Eidingtoun for not declaring whither he had intended to carry Lord Pigot; from which this Informant underftood that Lieutenant- colonel Eidingtoun had refufed to produce any orders. This In- formant mentioned, in the hearing of thofe gentlemen, that he had been told that Gingee was the place deftined for Lord Pigot's recep- tion. ( 33 ) tion. After the foregoing attempt Lord Pigot anplied to Commo- dore Sir Edward Hughes for the protection of the King's flag ; find- ing that application ineffectual, he applied to the Mayor's court, by petition, for a writ of Habeas Corpus Sut equally without fuccefs. Sometime before the arrival of the Lionefs Indiaman, Lord Pigot and his friends had received accounts that it was publickly faid in Calcutta that it was intended to fend Lord Pigot home on board that fhip. The Lionefs arrived on the 2d of January, on the 3d their alarms were fet on float by reports from the Fort, that Meflrs. George Stratton, Henry Brooke, Archdale Palmer, Francis Jourdan, George Mackay, and Colonel James Stuart were deliberating about fending Lord Pigot to England, and more efpecially, as about that time Lord Pigot's friends underftood that the gratification promifed to the troops on the 2^th of Auguft laft, was diftributing to the garrifon. On the 4th, thefe reports were confirmed by Captain Larkins of the ihip Lionefs, who acquainted this Informant that it had been propofed to him by one of the fix gentlemen before mentioned, then, and ftill in power, to receive Lord Pigot on board his fhip Lionefs, and to carry his Lordfhip home a prifoner. Lord Pigot being informed of this, thought it advifable not to ftir out of jVlajor Home's houfe, where he kept clofe until the 8th of January, when he ventured abroad, in confequence of Major Home's {hewing him a note from Mr. Stratton, acquainting Major Home that he and the other gentlemen in the adminiftration had come to a refolution not to fend Lord Pigot home. Subfequent to this note an official information was received by Major Home from Mr. Secretary Sullivan, dated the 2oth of January, purporting that Meflrs. George Stratton, Henry Brooke, Archdale Palmer, Francis Jourdan, George Mackay, and Colonel James Stuart, had come to a refolution not to fend Lord Pigot home upon the Lionefs. This intimation appeared fo ambiguous that it revived the alarms of Lord Pigot and his friends, which had begun to fubfide in fome degree, particularly as on the lyth cf January they had come to the know- l ledge of the draft of a letter of the Secretary, to Major Home, dated the 12th of January, exactly correfponding with the note before mentioned, from Mr. Stratton, fetting forth, " that in confequence of 11 a letter from Major Horne-y 'which t was laid before the Board " that day-, they had come to a refolution not to fend Lord Pigot to " Europe." F This- ( 34 ) This Informant begs leave to lay before the Jury a copy of the letter to Major Home of the 2ift of January, with a remark of his Lordfhip's upon it, which are the words his Lordfhip communicated to Major Home, when Major Home fhewed him the faid letter. This Informant obferved, that Lord Pigot was naturally very re- ferved, but on this occafion his Lordfhip did frequently, by his dif- courfe, give this Informant reafon to believe that his Lordfhip was much hurt by it, and particularly by the letter of the 1 2th of January. This Informant heard from Lord Pigot, that he told Major Home that he (Lord Pigot) had heard of the intention of fending him (Lord Pigot) home, but that he would keep to Major Home's houfe, and was determined not to be taken away alive. And this Informant confidently believes that fuch was his firm refolution, becaufe that this Informant himfelf fecretly furnimed Lord Pigot with piftols, as the means of making refiftance, and thefe piftols his Lordfhip kept in conftant readinefs fill the morning of his removal to the Garden-houfe, when as this Informant underftands, from Lord Pigot's European fervant, Lord Pigot gave him particular orders to {hake the priming out of the piftols. This Informant has further to add, that Lord Pigot acquainted him that Major Home had read to him (Lord Pigot) a letter, which he (Major Home) had addrefled to Mr. George Stratton, acquainting Mr. Stratton that Lord Pigot had con- fined himfelf to the houfe, and declared his refolution not to be taken away alive. In general, during Lord Pigot's confinement, his health appeared to be very good until the jth or 6th of March laft, when his illnefs firft appeared to be ferious, though, upon comparing circumftances, it was evident to his friends that Lord Pigot's health for eight, nine, or ten days, previous to that period, was not fo good aif ufual ; and they were convinced that his diforder had for fome time been lurking in his body : this diforder (which the furgeons reprefented to be a bilious diforder) increafed to a great height ; Lord Pigot, however, grew better about the latter end of March; in the beginning of April Lord Pigot relapfed, and grew daily weaker till the 28th of April, when, by the recommendation of the furgeon to Lord Pigot, his Lordfhip was removed to the Company's Garden-houfe for the benefit of the fea air. This Informant underftands that permiflion for his Lordfhip's removal was obtained in confequence of an alarming letter from Major ( 35 ) Major Home to Mr. George Stratton, wherein Major Home repre- fented, " That in his opinion Lord Pigot could not furvive a few days." This Informant has heard that this letter produced an order from one of the Secretary's to the furgeon, Mr. Pafley, to -the fol- lowing purport : " That as they (the people in power) had informa- " tion that the ftate of Lord Pigot's health was fuch as to render a " change of air neceffary, he (Lord Pigot) might be removed wherever " Mr. Pafley thought proper to recommend ;" which order this In- formant had feen. This Informant has likewife heard that a letter was about the fame time forwarded to Major Home, much to the fame purport, and making an offer of the Company's Garden-houfe. This informant believes that thefe letters were received on the 26th of April, hut were concealed from Lord Pigot ; the day following, being Sunday the 27th, Mr. Pafley acquainted Lord Pigot, " That it would be Mr. Pafley, during Lord Pigot's whole illnefs, never acquainted this Informant in exprefs words that Lord Pigot was paft recovery, till Saturday the loth inftant, in the forenoon. But from Mr. Pafley 's having fome days before exprefled a folicitude that Lord Pigot (hould fettle his affairs, this Informant judged that there were no hopes of his Lordfhip's recovery. \ On Sunday the nth of May, in the forenoon, this Informant heard from his fervant Howard, that the ferjeant had told -him (Howard) ( 37 ) (Howard) that Major Home had the preceding night defired him (the ferjeant) to acquaint his Lordfhip's European fervant, Nutting, that Lord Pigot was no longer under confinement, and that he (the ferjeant fhould not take charge of his body, or effects, or words to that purpofe. This Informant, however, underftood from Howard, that the Serjeant had not acquainted Lord Pigot's fervant, Nutting, with the order of Major Home. The fame morning this Informant had before heard a fimilar report from Mr. Stone, at which time this Informant had remarked to Lord Pigot's friends, that he (this Inform- ant) could not confider this as an official information. Thefe were the only times that this Informant received any intimation to the foregoing effect, though this Informant and Mr. Monckton both lay at the Company's Garden-houfe, and were up very late the preceding night, fo that the ferjeant had fufficient opportunities of informing them, if he had thought proper. Lord Pigot died on the nth of May, between ten and eleven o'clock in the forenoon, aged about fifty-eight. This Informant further faith, on'his oath, That fince he has known Lord Pigot, he has always underftood that Lord Pigot's conftitution was exceedingly good j and this Informant has heard Lord Pigot fay, that he had never been confined by ficknefs, nor has this Informant ever known him confined on account of ficknefs, till his late illnefs at the Mount, of which he died. Since Lord Pigot's laft arrival in India, it was his general cuftom, after the marriage of his eldeft daughter, and before his confine- ment, to take an airing in an open chaife, with his youngeft daughter, for two or three miles, or further, early in the morning ; before which, and from the time of his arrival, Lord Pigot conftantly walked out to breakfa ft to the Company's Garden-houfe; after b re ak- faft he generally employed himfelf in overfeeing the workmen in the faid Garden till ten ;o'clock, and fometiraes later, after which he returned to town in his carriage to bufinefs and dinner. From Lord Pigot's arrival till the hot weather fet in, which was about March, inftead of fleeping, it was frequently his cuftom after dinner to walk on the fortifications, or to go to the Garden in his palanquin, and there overfee the workmen (the latter end of March his Lordfhip went to Tanjour); after fupper Lord Pigot conftantly returned to the Fort (where he flept), and walked when it was moonlight. After Lord Pigot's return from Tanjour he did not uie to walk in the afternoon, on account of the heat of the weather. This Informant has not known any other ill effect from this exercife, than that ibmetimes (38-) fometimes it has occafioned an head-ach, upon which his Lordfliip would lay down on his couch for a little while. This Informant thinks that Lord Pigot's confinement at the Mount did certainly deprive him of the exercife he before ufually took, fince, during his confinement, he never went out in a carriage but once, Major Home and Major Home's family being in company. This Informant's conftant refidence at the Mount, after Lord Pigot's confinement, till his removal to the Company's Garden- houfe, gave this Informant an opportunity of obferving the exercife which his Lordfhip took during his confinement, when Major Home relaxed a little of the ftridnefs of it. Lord Pigot's exercife was in general walking down to the houfe called General Lawrence's houfe, where Mr. Monckton and Lord Pigot's family refided, about a quarter of a mile from Major Home's, Lord Pigot generally fpent the morning bufied in the Garden of General Lawrence's houfe, attended by an Officer and an orderly. At one o'clock his Lordfhip generally returned to Major Home's houfe to dinner. In general his Lordfhip returned in the evening to General Lawrence's houfe, and would walk out with his family. Lord Pigot alfo went to the houfes of the other gentlemen at the Mount, which are nearer to Major Home's houfe than General Lawrence's houfe is. Lord Pigot fometimes, but very feldom, walked farther, but never unattended by the officer of the guard and an orderly. This In- formant further faith that from the time of Lord Pigot's firft con^ finement to the departure of Commodore Sir Edward Hughes for Trincomallee, Lord Pigot was confcious of walking to any diftance from Major Home's houfe, on account of a body of the Nabob's, horfemen flationed on the Mount-plain. Thefe horfemen were re- moved at length by an application from Sir Edward Hughes to the people in power, in con.fequence of a letter from Lord Pigot to him, juft before the time of Sir Edward Hughes's failing for Trin- comallee, which was -the i5th of Odober laft.. The accommodations which Lord Pigot had at Major Horne's- houfe at the Mount, appeared to this Informant to be only a bed- room to the fouthward, excepting after Lord Pigot fell fick, when a.clofet adjoining, which Major Home had before ufed as a writing- room, was allowed for his Lordfhip's fervant. The door of this clofet was commonly opened to. admit air, and his Lordfhip was obliged i to ( 39 ) to fliut.it when he had any thing in particular to fay to any of his friends. Lord Pigot had the ufe of the hall and veranda in com- mon with Major Home's family. Lord Pigot's bed-chamber opened into the hall where there was a billiard-table, at which his Lord- fhip amufed himfelf during the firft part of his confinement. Lord Pigot was naturally very referved, and this Informant thinks he became more fo after his confinement. Lord Pigot was a man of very fenfible and delicate feelings : he was exceedingly temperate both in eating and drinking. This Informant thinks it his duty to lay before the jury fundry papers, which he imagines may give them fome information re- lative to the circumftances, which would naturally have an effect on No. 3. the mind of Lord Pigot during his confinement. The firft is a copy of a letter from Lord Pigot to the Governor General and Council at Bengal, which this Informant declares to be a true copy of the original which he faw. The fecond is an original letter from the Governor General and Council, in anfwer to the before-mentioned fo ' 4 ' letter. The reft are copies of letters, the originals of 'which this Infor- mant has not feen. This Informant alfo begs leave to deliver an extract of a letter from Lord Pigot to Edward Hughes, relative to the Nabob's horfe ftationed at the Mount. ^ This Informant wrote this down, as Lord Pigot dictated it to No. 5. him, from which a copy was taken and fent to Sir Edward Hughes. (Signed) CLAUD RUSSEL. Sworn the I3th day of May, in the fe- venteenth year of the reign of King George the Third, in the Year of our Lord 1 777, before me, (Signed) G. A. RAM, Coroner. (A true Copy.) WILLIAM SEDGLEY, Clerk of the Peace. The ( 4 ) The Information of Claud Ruffel<> Efq. This Informant faith that on Sunday the 2.>th, being at the Mount, Major Home, commanding officer, there gave him to perufe an order he (the Major) had received that morning, iigned George Stratton, Henry Brooke, Robert Fletcher, Charles Floyer, Archdale Palmer, Francis Jourdan, and George Mackay, and that the laft paragraph of the faid order was in thefe words, " As the laft " refource, in cafe of an attempt to refcue Lord Pigot, his life muft " anfwer it, and this you will fignify to him." This Informant further faith the fame order was fome days af- terwards produced to Sir Edward Hughes, the commander in chief of his majefty's (hips in India, in prefence of Lord Pigot, the honourable Edward Monckton, Alexander Dalrymple, and this In- formant. (Signed) CLAUD RUSSEL. Madra?, 31(1 Aug. 1776. Sworn before me, (Signed) JOHN TURING, Mayor. A true Copy from the Paper, delivered in by Mr. Ruflell. (Signed) G. A. RAM, Coroner. To Lieutenant- colonel Home, commanding at the Mount. SIR, I am directed by the prefident and council to acquaint you that it was refolved on Tuefday forenoon, the yth inftant, that Lord Pigot mould not be fent to England on the ihip now under difpatch *. This I > have the commands of the board to defire you will com- municate to his Lordfhip, and at the fame time that you will in- form him the Lionefs is to be difpatched on the 5th of next month, and that any packets he may have to fend to Europe will be taken every poffible care of, 1 am, Sir, Fort St. George, Your moft obedient Servant, Jan. i 777 . (Signed) R. J. SULIVAN, Secretary. * Or upon any other Ihip, until it.is his Lordfhip's pleafure to embark. 2 Lord ( 41 ) Lord Pigot told Major Home, when he gave him the letter to read, that if the above had been added, it would have been more decent and proper for his view. A true Copy from the Paper No. 2. delivered in by Mr. Ruffel. (Signed) G. A. RAM, Coroner. To the Honourable Warren Haftings, Ffq. Governor General, &c. Council of Bengal. Honourable SIR, and SIRS, Major Home having this afternoon received permiffion for me to No. 3. write to you in his prefence, I think it proper to acquaint your Ho- nour, &c. that having found it expedient, with the advice of my Council, to order Sir Robert Fletcher under arreft, for being con- cerned in circulating in the garrifon letters of a feditious nature, Colonel James Stuart, the next officer in rank, was appointed to the chief command of the troops. This officer, who dined with me at the Fort, at his own defire was invited by me to fupper at the Company's Garden-houfe ; which invitation he accepted, and at the fame time acquainting me that he had no conveyance, requefted I would take him with me in my chaife. I that afternoon defired the gentlemen of the Council to meet me in the Fort ; and I directed the Secretary to write to Colonel Stuart alfo, to attend, where I fhewed him the Commiffion of Government, and he then declared upon his honour that he would, that night, iflue to the out-garrifons the general orders of Sir Robert Fletcher's being under arreft, if the tappies were detained, and they were detained accordingly. I then took Colonel James Stuart into my chaife; and when I was upon the Ifland, fomething more than half a mile from the Fort, my horfes were flopped by Colonel Eidingtoun, the Adjutant Ge- neral, with a party of Sepoys. At this inftant of time Captain Lyfaght prefented himfelf on that fide of my chaife on which I was, with a piftol in his hand, and Colonel Stuart ieizing me by the arm, faid, " Go out, Sir," and delivered me to the charge of Captain Lyfaght, who conducted me to a poft-chaife, and brought me pri- foner to the Mount, where I was delivered into the cuftody of Ma- jor Home, who at the fame time received from Captain Lyfaght the accompanying order ; which are the only orders, Major Home ac- quaints me, he has liberty to give me copies of. I remained in this G confinement ( 4* ) confinement from Saturday night the 24th of Auguft, to Thurfday the 2yth, when between eleven and twelve at night, Colonel Eiding- toun arrived with freih orders for my removal. I will leave other men to fay how patiently I bore my confinement, and with what propriety I conducted myfelf upon Colonel Eidingtoun's refufing to ihew hi$ orders, or to make known to me whither he was to con- duct me. 1 thought it neceflary to declare, that I would not truft myfelf with a traitor who had made me prifoner, and that I would refift whilft life remained in me. Major Home's prudence, and Colonel Eidingtoun's reflection, ftopt this violence proceeding further, and receiving a vifit from Sir Edward Hughes in the morning, I thought it prudent to demand the protection of the King's flag ; and Sir Edward Hughes has, in confequence, de- manded a fafe-conduct for me to his fhip. I have recommended to all the civil fervants of the Company, whom I have feen, to continue in the execution of their duty to the Company, in their feveral ftations. I am, Honourable Sir, and Sirs, Saint Thomas Mount, Your moft obedient humble Servant, agth Auguft, 1777. (Signed) Pi GOT. A true Copy from the Paper No. 3, delivered in by Mr. Ruflel. (Signed) G. A. RAM, Coroner. To the Honourable George Lord Plgot. My Lord, We have been honoured with your letter from the Mount, dated the 2pth Auguft, by the Triton. We had previoufly, by the Shrewlbury, a letter dated the 23d, from the Majority of the Coun- cil, which impreflfed us with the dcepeft concern for the unhappy excefles to which the differences in your Councils had then pro- ceeded ; and although the terms of their letter, and of the protefts contained in it, gave us reafon to expect the moft alarming confe- quences, yet we confefs the account of your confinement filled us with equal anxiety and furprife. Having ( 43 ) Having maturely weighed the fubject of the refpective advices be- fore us, our duty obliges us, however reluctantly, to take a part in thefe unhappy contentions ; and we wifh it were poflible for us to reconcile it to the high efteem which we bear for your Lordfhip's character, and the extenfive fervices you have formerly rendered to the Company; but the Occafion is too urgent and critical to admit of fufpence or indecifion; we therefore deem it incumbent on us to declare, that the rights and powers of the Governor and Council of any of the Company's prefidencies are vefted, by their original Con- ftitution, in the Majority of the Board ; that the violence committed by your Lordfhip, in excluding two of the Members of the Council of Fort St. George from their places, was a violation of that Con- ftitution ; that the meafures taken by the Majority to recover the actual Government, which of right is vefted in them, arofe from the neceffity of the cafe ; and that we fhall acknowledge and fupport the title and authority which they confequently poffefs. In doing this, it is fufficient for us to know, that we are fupporting the legal and conftitutional Government of the Company, though we are not yet perfectly informed of air the train of facts which have brought the Government of Madras into the prefent fituation. To remove every poflibility of a doubt, which your Lordfhip may entertain, that the whole powers of the Government exift in a Majority of the Members of the Council, we think it proper to tranf- mit you an extract of a general letter which we have lately received from the Honourable the Court of Directors, by the Lionefs, wherein you will find their fentiments very clearly exprefTed. We ihould have been happy to have had it in our power, by act- ing as mediators, to effect a reconciliation between you and the other Members of the Council ; and we fhould have preferred this method, had not we feared that your differences had gone too far to admit of it, and that a want of fuccefs in promoting that defirable end might have been attended with confequences more fatal than any which can refult from our prefent decided refolution. We have thought it proper to acquaint Sir Edward Hughes with the part we have refolved to take on this occanon, that he may act confidently therewith, in cafe the fituation of the Company's affairs ihould be iuch as to make it requifite for him to take an active part G 3 in ( 44 ) in the divifions of your Government, which we earneftly hope, how- ever, will never happen. We are, My Lord, Your Lordfhip's moft obedient humble Servants, (Signed) WARREN HASTINGS, J. CLAVE RING, RICHARD BARWELL, P. FRANCIS. A true Copy from the Paper No. 4, delivered in by Mr. RufTel. (Signed) G. A. RAM, Coroner. Ext raft of a Letter from Lord Pigot to Sir Edward Hughes, dated St. Thomas's Mount, i^th of Oftober> 1776. After all the trouble which I found myfelf under the neceffity of giving you, I am concerned, that on the vifit I have now the honor of receiving from you, you fhould meet with further requefts ; but I cannot help calling your attention again to my fituation. My health and fpirits, thank God, are good, although feparated from my family ; but I have been ufed to much exercife, and this I can- not take, circumftanced as you fee me. I beg, therefore, that you will afk the Gentlemen in the Fort (if I am to continue under a guard of horfe as well as foot), whether it would not be more decent that the Company's troop of horfe fhould be ordered on that fervice in the room of the Nabob's black cavalry, fent hither by thofe gen- tlemen the morning after my confinement, feven weeks ago, which you faw arrive, and now fee continue here ; for, fo guarded, I appeal to you whether it is advifable for me to move out of fight of the European guard. A true Copy from the Paper No. 5, delivered in by Mr. Ruflel. (Signed) G. A. RAM, Coroner. A true Copy. WM. SEDGLEY, Clerk of Peace. ( 45 ) 0/MADRASPATNAM. J/] The INFORMATION of Mr. William Sedgley, in the Service of the Eaft India Company, taken upon Oath be- fore me George Andrew Ram, Coroner of our Lord the King for the f aid Town, on an Inquifition taken at the Company's Garden- boitfe, about a Mile dift ant from Fort St. George, on the View of the Body of the Right Ho- nourable GEORGE Lord Pi GOT, there lying dead ; and by Adjournment at the Houfe of Mr. George Smith (Foreman of the f aid Inqueft)^ in the f aid Fort. THIS Informant, on his oath, faith, That he came down to Madras from the northward, in February 1776, which was the firft time he ever faw Lord Pigot. He has remained in the Set- tlement ever fince. This Informant is particularly acquainted with the circumftances of his Lordfhip's feizure, being employed as his Lordfhip's attorney at law, and of courfe has made frequent vifits to his Lordfhip during his confinement at the Mount; but he does not particularly recollect ever to have been taken afide by his Lord- fhip into his own room till the evening of the 6th of January laft, when, upon a vifit he paid his Lordfhip at Major Home's houfe at the Mount, where his Lordfhip was confined, his Lordfhip did this Informant that honor; and the converfation naturally turning upon the report which prevailed of an intention to fend his Lordmip forcibly on board the Lionefs Jndiaman, by order of the Gentlemen who form the prefent Council, his Lordfhip declared, with very unufual warmth and energy, that he would not go from that houie alive, and (this Informant thinks, with an oath) repeated the words more than once. This Informant was fo much afiedled and agi- tated at the manner in which thele words were fpoken, that he al- moft immediately took his leave. As, ( 46 ) As this Informant has had but a bad (late of health fmce, he has not had many opportunities of feeing his Lordfhip. (Signed) WM. SED c L E Y. Sworn the I5th day of May, in the feven- teenth year of the reign of King George the Third, and in the year of our Lord 1777, before me, (Signed) G. A. RAM, Coroner. A true Copy. WM. SEDGLEY, Clerk of Peace. ( 47 ) Town of MADRAS? ATNAM, ff. Tie INFORMATION of John Maxwell Stone, Efq. taken upon Oath before me George Andrew Ram, his Majeftys Coroner for the Town of Madrafpatnam afore- faidy on an Inquifition held at the Company's Garden- houfe^ about a Mile dift ant from Fort St. George, within the DiftriEls of the J aid Town^ on the View of the Body of the Right Honourable GEORGE Lord Pi GOT, there lyiiig. dead\ and^ by Adjournment ', at the Houfe of Mr. George Smith (Foreman of the faid Inqueft\ in THIS Informant, on his oath, faith, That he has known the faid Lord Pigot near twenty-two years fince his (this Inform- ant's) arrival in India. Lord Pigot always appeared to him to have enjoyed an extraordinary good ftate of health : and fince his Lord- fhip's laft arrival in India, and previous to his confinement at the Mount, this Informant never knew him confined by ficknefs; nor did he ever know that his Lordfhip has taken medicines from the furgeons. Lord Pigot was accuftomed to take frequent exercife whilft Gover- nor of Madras, both before his going to England, and fince his re- turn. He always flept in the Fort. He ufed to ride out in a chaife in a morning to breakfaft at the Company's Garden-houfe, and fre- quently took a long ride. After breakfaft, his Lordmip generally amufed himfelf in the Garden, till about ten o'clock, when bufinefs ufually called him to the Fort, to which he generally returned in his carriage. After dinner, if he did not deep, he frequently went upon the fortifications. In the evening, he generally drove out in his chaife to the Company's Gardens, or took a long ride. He always fupped at the Garden-houfe, and drove in after (upper to the Fort. Q Lord ( 48 ) Lord Pigot was made a prifoner on the Ifland the 24th of Augufl lafl, and carried to St. Thomas's Mount, where he was delivered into the cuftody of Major Home. This Informant has heard the particulars of Lord Pigot's feizure from his Lordfhip ; but as this Informant was not prefent when Lord Pigot was taken, he cannot fpeak of it from his own knowledge. Soon after, this Informant received notice from the perfons who had feized on the Government of this Settlement, viz. MefTrs. George Stratton, Sir Robert Fletcher, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jourdan, and George Mackay, that they had thought proper to fufpend him from hisjeat at the Council Board. On the 28th of Auguft, in the morning, Captain Elphinftone, of the Triton Indiaman, came to this Informant's houfe in the Fort, and acquainted him, with the utmoft appearance of aftonifhment, that an attempt had been made, between eleven and twelve o'clock the night before, to remove Lord Pigot from the Mount, and that this Informant would foon hear enough to aftonifh him. This In- formant went to the Mount the fame day in the evening; he faw Major Home in the garden, and a(ked him if he (this Informant) might have permiffion to fpeak to his Lord (hip, as this Informant underftood that no one was permitted to fpeak to Lord Pigot but in Major Home's prefence. Major Home pointed to his Lordfhip, who was walking in the veranda. This Informant went up to his Lordfhip, and afked him how he did. When 1 ord Pigot anfvvered him, this Informant obferved that his Lordfhip was exceeding hoarfe. This Informant told his Lordfhip that he had got a very bad cold. Lord Pigot replied, that he had no cold, that his hoarfenefs was oc- cafioned by exerting his voice very much the night before when the attempt was made to remove him. His Lordihip feemed agi- tated, and a good deal uneafy. On the 4th of October laft, this Informant went to live at the Mount, where he conftantly refided from that time to his Lordfhip's removal from thence to the Company's Garden-houfe on the aHth of April laft. His Lordfhip's ufual exercife, during that time, was to walk down to Mr. Monckton's houfe, being about five or fix hun- dred yards diftance. Mr. Monckton and Lord Pigot's family refided at the houfe called General Lawrence's houfe. During his Lord- fhip's confinement at the Mount his Lordihip ufed to employ him- felf in the garden of the faid houfe, and generally returned back to dinner at Major Home's houfe. Jn the afternoon his exercife was 6 generally ( 49 ) generally the fame ; fometimes he fiept in the -after noon, and times not. This Informant has known his Lordfhip take longer walks in the environs of the Mount, and fometimes to the top OL the Mount. He only once went out in a chaife with Major Home and his family, and the officers of his Lordftiip's guard. His Lord- fhip was always attended by an officer, and an orderly man. And during the time of the firft Quarter Seffions, after his confinement, he was attended by two orderlies. The accommodations which Lord Pigot had in Major Iiorne*s houfe at the Mount, were only one room, which was his bed-room, about thirty feet by eighteen ; on the weft end of the room there waa a fmall paffage and a clofet ; the paflage Major Home generally made ufe of to write in; the clofet was ufed as a lumber clofet for the family ; one door of his Lordfhip's room opened into the paflage, and another door into the hall, which, together with the veranda, his Lordfhip had the ufe of, in common with Major Home's family, and the officers and others who vifited there. This Informant has reafon to believe, that a letter was written (having feen a copy of an anfwer to fuch letter) in October, by Mr. George Stratton, Mr. Henry Brooke, Sir Robert Fletcher, Charles Floyer, Archdale Palmer, Francis Jourdan, and George Mackay, to the Governor General and Council at Bengal, repre- fenting the danger of fuffering Lord Pigot to remain here, and the neceflity offending him to England. This Informant believes that they exprefled a wifh to have the fanclion of the Governor General and Council of Bengal for doing fo. The anfwer from Bengal, copy of which this Informant has feen, was, as well as he can recollect, dated fome time in November ; the Governor General and Council of Bengal (as it appeared to this Informant) therein encouraged Mr. Stratton and his aflbciates to carry the meafure into execution, but declined taking upon themfelves any part of the refponfibility. This Informant believes it was fome time in October lad that Lord Pigot heard that fuch a letter had been written to Bengal j but it was not until about the 2oth of January, that he faw copies of the letters to and from Bengal. Indeed his Lordfhip underftood fome time in November, that an anfwer had been received from Bengal, utterly difapproving of the meafure. About the beginning of January, a report had prevailed on the Settlement, at the time of the arrival of the Lionefs Indiaman from Bengal, that Mr. George Stratton, Mr. Henry Brooke, Colonel James Stuart, Mr. H Archdale ( 5 ) Archdale Palmer, Mr. Francis Jourdan, and Mr. George Mackay* (the perfons then acting as Governor and Council of this place) meant to fend his Lordfhip to England by force. On the 4th of January at night, Lord Pigot acquainted this In- formant, that he underftood fuch was their intention, and that he had defired Major Home to acquaint them, that every thing having been referred to the Company, he fhould wait with patience for their determination ; but that he never would be taken away alive* Some few days afterwards his Lordfhip gave this Informant a copy of the letter which Major Home had written to Mr. Stratton, in his Lordfhip*s hand-writing, which this Informant begs leave to lay before the jury, many of whom are well acquainted with his Lord- fhip's hand. On the /th, Major Home received a note, this In- formant believes from Mr. Stratton, to acquaint Major Home that he (Mr. Stratton) and his Council had juft come to a refolution not to fend his Lordfhip home by force. As this note was from Mr Stratton only, and not an official letter, it was not fufficierit to eafe the minds of Lord Pigot's friends, particularly as it did not appear that any notice had been taken of a letter which had been written to Mr. Secretary Oakely, the 6th of January, by many of the Company's fervants and inhabitants of the place, containing a proteft againft fending Lord Pigot home by force. Thefe appre- henfions were increafed by a report that about the I2th of the faid month, Mr. Stratton had aflured Mr. Pafley, that an official letter was prepared, and would be fent to his Lordfhip, expreffing the re- folutions of Mr. Stratton and the gentlemen before mentioned, not to remove his Lordfhip by force. No fuch letter was received ; ori the contrary, on or about the 1 6th of January, Lord Pigot received a paper from fome perfon, this Informant does not know who it was, containing a draft of a letter, which appears thereby to have beea intended to have been written on the I2th of the fame month,, but which appears by the remarks on it, to have been difapproved by fome of thefe gentlemen This Informant muft oblerve to the jury, that Lord Pigot always took copies himfelf of any papers containing information which he received privately, and deftroyed the papers themfelves, to prevent a difcovery of the perfons from whom he got his information. The paper which this Informant now begs leave to deliver in, is all in his Lordfhip's hand-writing, except the name Mathew-> which was inferted by this Informant vnftead of James. 5 On the 2lft of January at noon, a letter was received by Major Home from Mr. Secretary Sullivan, a copy of which, wrote like- wife in Lord Pigot's hand, this Informant delivers now in ; and as a proof of the impreffion which it made on his Lordfhip's mind, this Informant begs leave to refer the jury to the note or obfervation made thereon by his Lordfhip, which is alfo in his Lord/hip's hand- writing. Confidering the nature of the rcfolution faid to have been come to as mentioned in the laid letter, and the dif- tance of time between the taking of the faid refolution, mentioned in the letter to be the yth of January, and the date of the letter, viz. the 1 2th of January, it is not furprifing that Lord Pigot and his friends fhould ftill be under a ftate of anxiety and fufpence, particularly as another fhip, the Prince of Wales, was expected to arrive from Bengal in a fhort time, and to be difpatched for Europe. The anxiety which the whole of this tranfadion occafioned in his Lordfhip's mind, was, this Informant thinks, apparent, as Lord Pigot never'after appeared to this Informant to have thofe fpirits that he had before, which this Informant imputed to the effecT: which the intended removal had on Lord Pigot, and which teemed to hang on his mind, as he frequently mentioned the matter to this In- formant, and even once in a very particular manner after his Lord- fhip was taken ill. This was not only apparent to this Informant! but alfo to this Informant's family. This Informant obferves, that all the papers which he has delivered in, he received from his Lordfhip's own hand. Captain Larkins of the Lionefs Indiaman, told this Informant that he (Larkins) had been fpoken to by one of the gentlemen of Mr. Stratum's Council (whofe name Captain Larkins would not mention, but who, as this Informant afterwards heard, was Colonel James Stuart) regarding fending Lord Pigot to England on his (Larkins) fhip, and that he (Larkins) not feeming willing to receive Lord Pigot on board if put by force, was given to underftand that if he did not, he would be turned out of the fhip. This Informant advifed Captain Larkins, if it fhould come to that extremity, to receive Lord Pigot on board, and that this In- formant would order a fhip, whereof this Informant was part owner, then lying in the road, to follow him to fea, and take his Lordfhip out. Captain Larkins replied, That whatever his Lordfhip defired him to do he would do. This Informant has feen a copy of the orders from Colonel James Stuart, which were delivered to Captain Lyfaght and to Major Home, regarding the manner of his Lordfhip's confinement 5 he has likewife feen copy of a fub- H 2 fequent fequent order, which he underftands was given to Major Home, by Meflrs. George Stratton, Sir Robert Fletcher, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jourdan, and George Mackay, within a day or two after his Lordfhip's confinement ; the fubftance of which was, that in cafe of any attempt to refcue Lord Pigot, his life muft anfwer for it. This order was fhewn to his Lordfhip immediately, or very foon after Major Home received it, and this Informant believes was never withdrawn, but remained in force whilft his Lordfhip remained in confinement. Lord Pigot had never any fword or other arms during his confine- ment, and to the beft of this Informant's remembrance, it was ex^ prefsly directed in the order which Major Home received, that hia Lordfhip fhould not be fuffered to carry arms. Lord Pigot appeared to enjoy a good ftate of health until the latter end of December or beginning of January. This Informant has already faid, that his Lordfhip's fpirits from that time appeared not fo good as before, but that he feemed full of anxiety. His Lordfhip was taken ill fome time between the ift and 8th of March- Lord Pigot was removed from the Mount the 28th of April laffc; in the morning, as Mr. Pafley had judged a removal nearer the fea abfolutely necefTary for him. On the 26th of April, Mr. Pafley propofed to Mr. RufTel, Mr. Monckton, and to this Informant, that Lord Pigot fhould be removed either to the Company's Garden- houfe, or Mr. Monckton's houfe on Choultry plain. This Informant does not know whether Mr. Pafley had before mentioned it to Mr. Stratton, but on the fame day a letter was received by Major Horner from Mr. Secretary Sullivan, acquainting him that as a removal* was judged necefTary for the reftoration of his Lordfhip's health, they, the perfons in poflfeflion of the government, had no objection to Lord Pigot's being removed to whatever place Mr. Pafley and his Lordfhip fhould think proper ; and in cafe the Garden-houfe fhould be preferred, i-t fhould be fitted up for his Lordfhip's reception. The next day, being the S7'th, Mr. Pafley broke the matter to his Lordfhip, and his Lordfhip confented to go to the Garden-houfe, of which Major Home advifed Mr. Secretary Sullivan, and Lord Pjgot was removed the next morning early. This Informant then thought Lord Pigot was in a very dangerous way. This- ( 53 ) This Informant believes that it was on the gth of May that Mr. Pafley firft expreffed to him (this Informant) apprehenfions of the dangerous ftate in which his Lordmip was ; on the loth at noon, Mr. Pafley fignined his wifh that Lord Pigot had faid every thing to Mr. Ruflel, Mr. Moncktor*, and this Informant, that he might have to fay, as he (Mr. Pafley) was apprehenfive that Lord Pigot could hold out but a few hours; and indeed Mr. Mallet told this Informant that he did not think his Lordfhip could live longer than four o'clock that afternoon. On Sunday the nth of May, in the morning, when this Inform- ant came to the Garden-houfe, the ferjeant who was pofted at the gate came up to this Informant, and acquainted him that Major Home had the night before, at eleven o'clock, come and informed him, that Lord Pigot was no longer to be confidered as a prifoner, and that the guards were to take no further charge of his Lordmip. This Informant did not expect when he came to the Gardens to hear that Lord Pigot was alive, as this Informant did not think, from the ftate in which he had left his Lordfhip the preceeding night, that he could have furvived till morning. Lord Pigot died between eleven and twelve o'clock that forenoon. His Lordmip was very much referved, and particularly with regard to every thing concerning himfelf. (Signed) J. M. STONE. Sworn the i6th day of May, in the feven- teenth year of the reign of King George the Third, and in the year of our Lord *777> before me, (Signed) G. A. RAM, Coroner. (A true Copy) WILLIAM SEDGLEY, Clerk of Peace, Copy of a Letter from Major Matthew Home to Mr. Stratton, deli- vered in by Mr. Stone to the Jury on the Inqueft before mentioned. Honourable Sir, Yefterday afternoon Lord Pigot told me, he was informed that the Board had under confideration, the feizing and fending him on board fome (hip ; that he underftood there were different opinions, how- ever, refolved on; he was determined not to be carried alive : hefaid, if ( 54 ) if the Haft-India Company or the King's minifters difapproved of his conduct, let them fend his difmiflion, and he would return to Eng- land by the firft opportunity, and face any charge they had againft him there j but as both fides had wrote lo England, he would not leave the country until directions arrived, in confequence of thofe difpatches. I conceive it my duty to give you this information, and to acquaint you that his Lordfhip has not been down to Mr. Monck- ton's as ufual, or ftirred out of the houfe fmce. Mount, 5 thofjan. 1777, Honourable Sir, &c. twelve o'clock. (A true copy from a copy in the hand-writing of Lord Pigot.) (Signed) G. A, RAM, Coroner, Copy of a draff of a Letter intended to have faenfent to Major Horni^ delivered in by Mr. Stone to the Jury on the Inqueji before mentioned. Matthew (in Mr. Stone's hand.) To Colonel Jc>mvs Horne, commanding at the Mount. SI R, The Prefident has laid before the Board your letter to him, dated ; and by their direction I acquaint you, that it is not their in- tention to fend home Lord Pigot, which you will be pleafed to make known to him. lam, S I R, t*th Jan. 1777. Your moft obedient Servant. I think the letter to Major Home quite unneceifory* G. M. I underftand that his Lordfhip has, through Major Home, been al- ready made acquainted with the refolution of the Board. ( 55 ) I beg leave to reprefent that there is no neceflity to write to Major Home. No name is to this, but it is the fubftance of J. S ts . opinion. (A true copy, from a copy in the hand-writing of Lord Pigot.) G. A. RAM, Coroner. To Lieutenant Colonel Home, commanding at the Mount. S I R, I am directed by the Prefident and Council to acquaint you, that it was refolved on Tuefday forenoon, the yth inftant that Lord Pigot fhould not be fent to England in the fhip now under difpatch *, This I have the commands of the Board to defire you will communi- cate to his Lordfhip ; and at the fame time, that you will inform him the Lionefs is to be difpatched on the 5th of next month j and that any packets he may have to fend to Europe, will be taken every pof- fible care of. I am, S I R, Fort St. George, Your mod obedient fervant, 2cth Jan. 1777. (Signed) R. J. SULIVAN, Secretary. Or upon any other {hip, until it is his Lordlhip's pleafure to embark. Lord Pigot told Major Home, when he gave him the letter to read, that if the above had been added, it would have been more de- cent and proper for his view. (A true copy from a paper in his Lordfhip's hand-writing, delivered by Mr. Stone to the Jury on the Inqueft before mentioned.) (Signed) G. A. RAM, Coroner. (A true Copy). WM. SEDGLEY, Clerk of Peace.. *Town of MADRASPATNAM. The INFORMATION of Mr. Jofeph Nutting, taken upon Oath, before tne y George Andrew Ram, bis Majejlys Coroner for the faid Town^ on an Inquifition taken at the Company s Garden-houfe^ about a Mile diftant from Fort St> George, on the F'iew of the Body of the Right Honourable GEORGE Z/ by Adjournment^ at the Houfe of Mr. George Smith (Foreman of the f aid Inqueft)^ in the f aid Fort. THIS Informant, on his oath, faith, That he ferved the late Lord Pigot as valet de chambre upwards of five years ; his Lordfhip's health, ever fince this Informant has known him, has in general been very good, excepting, about three years ago, he had a violent fit of the jaundice, during which time he kept the houfe, but was not confined to his bed ; fince that, his health has been very good. Since his arrival in India his health has likewife been remarkably good. His Lordfhip was accuftomed to rife early, about gun-fire, before his confinement; but fince his confinement, not until between fix and.feven o'clock ; which this Informant is of opinion, was out of compliment to the officers on guard over his Lord (hip, as his rifing early would have made it inconvenient to the officers. Lorn Pigot was alfo accuftomed to take frequent exercife, particu- larly that of walking in the Company's gardens ; he regularly went out in his open chaife, morning and evening, to different gentlemen's gardens, but chiefly to Mr. Monckton's, fince Mr. Monckton's mar- riage with his Lordfhip's daughter. Lord Pigot was carried to the Mount on the 24th of Auguft laft, and this Informant went there the day after in the evening, and re- mained there conftantly from that time till his Lordfhip's removal to the C 57 ) the Compauy's Garden-houfe. During the firft part of his Lordfhip's confinement, he did not take a great deal of exercife ; but, about three weeks or a month after his confinement, to the beft of this In- formant's recollection, he was permitted to go down to the houfe where Mr. Monckton and Lord Pigot's family refided ; but even af- ter he was permitted, he did not at firft come down fo frequently as he did latterly : the diftance from Major Home's houfe to that where Mr. Monckton refided, this Informant thinks exceeds a quarter of a mile. At Mr. Monckton's houfe he frequently exercifed himfelf in the garden or overfeeing the workmen in and about the houfe, &c. This Informant believes his exercife in Mr. Monckton's garden might be as much as his exercife in general was before his confinement, but that it was confined to that place only ; he never went out in any carriage whatever but once, when he accompanied Major Home to a place a few miles diftant from the Mount to drink tea. This Informant has heard very frequently from the orderly men who have attended his Lordfhip, that fhould his Lordfhip attempt to get into a carriage of any kind or palanquin, it was their orders to prevent him. Lord Pigot has walked at different times during his confinement, to the top of the Mount, but only latterly; he was always attended by an officer and an orderly ; his Lordfhip was never permitted to wear a fword, during the whole of his confinement; there were guards ftationed at the top of the Mount during his Lordfhip's con- finement at the Mount. This Informant fhould have mentioned, that, in the firft part of his Lordfhip's confinement, he was particularly attended by armed men; and this Informant was told, that his Lord (hip was not permitted to enter the gates of the garden in which Mr. Monckton lived; and this Informant has feen his Lordfhip come down to the gates of that houfe but not enter them, in the firft part of his confinement. The accommodation which Lord Pigot had at Major Home's houfe was, one very good room, wherein he flept ; and this Informant believes every neceflary convenience he wifhed for, as this Informant never heard him complain : he had no other room to himfelf, but he had accefs to the hall and veraqda, in common with Major Home and his family ; the room had a communication with the hall. There was a paflage, into which Lord Pigot's chamber had a door; I there there flood in the paflage a bureau, which Major Home made fre- quent ufe of in writing at. Before Lord Pigot's ficknefs Lord Pigot ufed to open and {hut that door as he found it convenient, but alter his illnefs it was always kept open. On the Monday or Tuefday after his Lordfhip's confinement, about eleven o'clock at night, after this Informant had laid down to flecp at Mr. Monckton's houfe, this Informant fuddenly waked, and the ftrft thing this Informant heard wa v s his .Lordfhip's voice, which this In- formant could diftinguifh verydiftindly. This Informant immediately got up and went into an adjoining room, where this Informant found Mr. Dalrymple, who this Informant perceived was dreffing himfelf. Ihis Informant afked him, if he was going to Major Home's; he re- plied, that he v, as. This Informant then left him, and returned to the room where this Informant had been afleep. After this Inform- ant had put on fome cloaths, he went immediately to Major Home's ; this Informant found his Lordfhip in the veranda, difputing with Colonel Eidingtoun and Major Home ; Mr. Dalrymple and Mr. Monckton were alfo there. The particulars of the dilpute between' his Lordfhip, Colonel Eidingtoun, and Major Home, this Informant found was, that thefe gentlemen had told him, that they were ordered to remove him ; which had thrown his Lordfhip into a violent paffion, and he was much agitated at the.time ; this Informant heard his Lord (hip lay, that he would not be carried to any place whatever, excepting to his own Fort, or to the King's Admiral ; that he would go into no carriage whatever, that he infifted upon ; but that he would walk at the head of thofe few brave fellows, alluding to fome guards that were: drawn up round him ; that he had no fear but that they would pro- tect him to the Fort or to the Commodore. This Informant heard Major Home reply to him, that it was his orders to. remove him, and that he muft obey them by forcing him. This Informant heard Colonel Eidingtoun fay to his Lordfhip, that it was not a time to dif- pute the matter, nor was it proper (or that he did not think it pro- per}, that his Lordfhip fhould fay fo much in prefence of the men; what this Informant means, by faying, that Colonel Edingtoun thought what his Lordfhip had been faying to the men improper, was, that his Lordfhip had juft before obferved to the men, or in their prefence, that he made no doubt, but there were fome among them who had formerly ferved under him, and would be ready to protect him ; he told Colonel Eidingtoun at the fame time, that he did not think it pro- per that he (Eidingtoun) fhould contradict what he faid, as he had 2 ferved ( S9 ) ferved the Company for forty years, which might be before he was born. Mr. Monckton and Mr. Dalrymple fpoke in defence of his Lord- fliip, and fupported him in the difpute with Colonel Eidingtoun. This Informant thinks he remembers Lord Pigot putting his hands upon Major Home's fhoulders, and defiring him to protect him. About that time Colonel Eidingtoun and Major Home left his Lordfhip with Mr. Dalrymple and Mr. Monckton. Mr. Monckton came to this Informant, and defired this Informant would go to his houfe and prevent the ladies from being alarmed, if he could (meaning his Lordfhip's daughters), as he every minute expected their return home from Mr. Smith's Garden- houfe, where they had fupped that evening. This Informant went immediately to Mr. Monckton's houfe, but did not find the ladies returned ; they fhortly camte, in company with Mr. Ruflel. Immediately after the ladies retired to their rooms, this Informant acquainted Mr. Ruffel with what had happened at Major Home's to his Lordfhip, refpedting his removal ; upon which Mr. Ruflel immediately went thither. Very foon afterwards this Inform- ant returned to Major Home's himfelf, and found that his Lordfhip was gone into his room, but faw Colonel Eidingtoun and Major Home fitting at a table writing ; after which this Informant returned back to Mr. Monckton's houfe. This Informant muft obferve, that he faw a poft-chaife (landing at Major Home's gate, which this Informant was told belonged to Mr. Benfield, and he was informed, that it was brought thither for the" purpofe of carrying his Lordfhip to the place to which he was to be removed. Early next morning, when Lord Pigot was getting out of his bed, this Informant afked him how he did, and if he had any headache. His Lordfhip replied, No; and that he was very well. This Inform- ant ought to have mentioned, when fpeaking of the poft-chaife, that he faw an European, who was the driver, and a ferjeant in the Com- pany's fervice, attending it. I 2 About ( 60 ) About laft New-year's day, this Informant heard that there were orders given to fend his Lordfhip on board the Company's fhip Lionefs, then in the Road, in order to tranfport him to England ; on which account, his Lordfhip kept within Major Home's houfe for three or four days without once coining out : that this Informant heard his Lordfhip exprefs a great diflike to fuch a propofal, and that ,it feemed very difagreeable to him. This Informant has heard his Loidihip at different times fay, that he would take care to prevent it if it was in his power. His Lordfhip's health during his confinement at the Mount had been very good until his laft illnefs, which commenced about eight or ten weeks ago ; but that knowing fo much of his Lordfhip's re- ferved difpofition, this Informant is convinced Lord Pigot did not complain till fome days after he muft have been difordered. The firft day that this Informant found he kept his room, he went to him as ufual ; this Informant aiked him how he did ; hfs reply was, that he was pretty well, but his breath was rather fhort. This Informant obferved, that he was a great deal oppreffed and found great difficulty in breathing : this Informant thinks Mr. Mal- let, furgeon of the artillery quartered at the Mount, gave his Lord- fhip an emetic that day; and this Informant believes, the day fol- lowing, Mr. Pafley came to his Lordfhip, and ordered him fuch medicines as he thought his diforder required. His Lordfhip conti- nued ill about a month, and then grew better, but about the 3d or 4th of laft month he relapfed ; his Lordfhip then continued to be very ill, and had frequently violent Teachings ; thefe continued, and he grew worfe until his removal the latter end of Auguft. There were no guards attending his Lordfhip from the Mount to the Company's Garden-houfe j but this Informant believes that Major Home did intend to accompany his Lordfhip in a palanquin, Major Home having ordered his palanquin for that purpofe ; how- ever, as it happened, he went before in a chaife : this Informant believes his Lordfhip did not think that Major Home would accom- pany him, as his Lordfhip, out of his palanquin called for Major Home, faw him, and feemed to take his leave of him ; a gentle- man (landing by, faid, that Major Home meant to accompany his Lordmip. This Informant did not obferve, that day, or he thinks the day following, any guards about the Garden-houfe, more than ordinary j but this Informant (he believes it was on the third day day after Lord Pigot's removal) was told by ferjeant Pepit, that there was another ferjeant ported at the gate of the Garden-houfe, where there was a tent pitched for him, to ftay. as this Informant beKeves, as particular guard over his Lordfhip ; the ferjeant having told him, that he had orders to fend daily, written reports to Major Home, refpecling what happened in the courfe of the day or of any thing particular that pafled at the Garden-houfe This informant, believes he mentioned the foregoing circumftance to \ r. RuHel and Mr. Monckton. This Informant believes the guard did continue until the day of his Lordfhip's death'; he did not hear that the guard was removed before his Lordfhip's death ; after his Lordihip's death, he was told, that Major Home had given an order for the guard to be removed that morning from the gate, at the fame time that Major Home had given an order, that this Informant fhould be made ac- quainted, that no part of Lord Pigot's property, in cafe he died, was to be confidered under the care of any guards then about the Gar- den- hcufe. Mr. Pafley feemed to think three or four days before his Lord- fhip's death, that his Lordfhip could not recover ; having heard Mr. Pafley exprefs himfelf three or four different times, that his Lord- fhip was fo very weak, he could not recover. His Lordfhip died about eleven o'clock in the forenoon of the nth inftant, aged about fifty-eight ; he was very much referved in his difpofition. The morning that his Lordfhip left the Mount, to go to the Com- pany's Garden-houfe, he ordered this Informant to open the box of a coach-feat, and take out of it a brace of piftols, and to blow the priming out of them ; he then defired this Informant to return them into the box, which this Informant did accordingly. (Signed) JOSEPH NUTTING^ Sworn the 1 6th day of May, in the feven- teenth year of the reign of King George the Third, and in the year of our Lord 1777, before me, (Signed) G. A. RAM, Coroner; (A true Copy.) WM. SEDGLEY, Clerk of Peace.. The INFORMATION of Mr. David Hallburton, in the Service of the Eaft India Company, taken upon Oath before me George Andrew Ram, Coroner of our Lord the King for the Town of Madrafpatnam afore- faidy on an Inquifition held at the Company s Garden- houfe^ about a Mile dift ant from Fort St. George, within the DiftriEls of the faid Town, on the View of the Body of the Right Honourable GEORGE Lord Pi GOT, there lying dead) and by Adjournment at the Houfe of Mr. George Smith (Foreman of the faid Inquejt\ in the faid Fort. THIS Informant, on his oath, faith, That he knew Lord Pigot from the time of his Lordfhip's laft arrival in India till his death, that from public report he knows that Lord Pigot was confined the 24th of Auguft laft, and carried to the Mount, where he faw his Lordfhip two days after in confinement. This Informant heard it publickly reported in the month of Ja- nuary laft, that there was an intention of fending Lord Pigot forcibly to England fome time in the end of that month. This Informant was with Lord Pigot, in his Lordfhip's room at the Mount, when his Lordfhip defired this Informant to bring him from Mr. Stone, or Mr. Ruflel, a copy of the letter from the Governor General and Council at Bengal, about fending him (Lord Pigot) home. This In- formant accordingly brought it to his Lordihip, who read it with feeming agitation, arid the expreflion he made ufe of at the time was a very ftrong one; this Informant remembers it perfectly, it was as follows : " Would not one think they were treating me as a " mad (C mad dog?'* the letter acknowledged the receipt of another from Mr. Stratton and his Council, dated the igth of October laft. This Informant has frequently been with his Lordfhip in private, fince his confinement, and has obferved his Lordfhip's fpirits to be deprefled, and a vifible alteration in him fince the time that the in- tention of fending him home was known to him. This Informant further faith, on his oath, That the Saturday following, after his Lordfhip had been carried to the Mount, Mr. Sedgley, attorney at law to his Lordfhip, took Mr. Lathom and this Informant to Major Home's houfe, and in their prefence did demand formally of Major Home the order, or a copy of the order,, by which Lord Pigot was detained a prifoner, and this Major Home refufed to produce. Mr. Lathom and this Informant made an affida- vit of this refulal of Major Home, before Mr. John Turing, the then Mayor. (Signed) DAVID HALIBURTON. Sworn the i6th day of May, in the fe- venteenth year of the reign of King George the Third, and in the year of our Lord 1777, before me, (Signed) G. A. RAM, Corona:. (A true Copy) WILLIAM SEDGLEY, Clerk of Peace. 64 of MADRASPATNAM. jffl The INFORMATION of Mr. Gilbert Pafley, Sur- geon in the Eaft India Company's Service, taken before me, George Andrew Ram, his Majefly s Coroner for the f aid Town, on an Inquifttion t alien at the Company's Garden- houfe^ about a Mile difl ant from Fort St. George, on the Fiew of the Body of the Right Honourable GEORGE Lord Pi GOT, there lying dead^ and by Adjournment at the Houfe of Mr. George Smith (Foreman of the faid In- in the faid Fort. THIS Informant, on his oath, faith, That as the Jury on this Inqueft have thought proper to put feveral queftions to him, relating to his profeffion in general, he fhall endeavour to give them fuch information as his experience affords him, and fhall then pro- ceed to inform them of what he knows, in particular regarding Lord Pigot, and of the diforder of which his Lordfhip died. This informant fays, That there is from obfervation a great con- nection between the mental and corporeal parts, and whatever dif- orders the one, may likewife affect the other. That a deep fenfe of injury and affront, efpecially if often repeated and long continued, will certainly prey upon the mind, and occafion obftinate diforders, which gradually wafte the conftitution. That the human paffions have an immediate effect upon the conftitution. That when the mind dwells upon any fubjecl: of a difagreeable nature, though this does not obftrud the whole functions of the body, which would occafion immediate death, yet it may impair them. That That the body may receive a great deal of injury when it is de- prived of thofe occupations, and of the exercife of thofe employments to which it has been accuftomed. The injury which the mind may receive is not fo determinate. Grief and ftrong attention of the mind, in all diffatisfactions, and in general, all thofe things which affect the mind, have an effect on the body- The more the paffions and affections of the mind are concealed, the more they prey upon the mind. This Informant does not think that the. effects which the mind' has upon the body are fo eafily produced on perfons in advanced life, who have generally more firmnefs and fortitude, and lefs fenfi- bility of nerves, and are therefore more able to fupport the injuries^ which arife from the change of fituation, and other misfortunes. The immediate effects of the pafllons on the body are difcoverable 1 by every perfon, but their effects on the animal ceconomy, in the' produ&ion of difeafes, are more flow, though certain.- Grief and anxiety of mind affect the fyflem-in general in produc- ing difeafes, and if they exift during the difeafe, may aggravate- circumftances much. The feelings of injuries, and the effects which they have upon the conftitution, muft always be in proportion to the character,, dignity, and profpects of the perfon who experiences the injury,. This Informant fays, that he knew Lord Pigot during his former government, and alfo fmce his lad arrival in India, during all which time this Informant has never known, him to complain, fo as to require medicines, except from the commencement ot his laft illnefs^ in March laft. This Informant firft knew Lord Pigot in September 1756,, at: which time this Informant was furgeon's affiftant in the Company's > fervice. He has refided conftamly at Madras fiace the. year 1761,, as one of the. two furgeons of the eftablifhment. K. During; ( 66 ) During Lord Pigot's firft illnefs this Informant was conftantly with liis Lordfhip, while any danger remained; and afterwards, when abfent, left directions with Mr. Mallet, the furgeon's affiftant at the Mount. In his Lordfhip's laft illnefs this Informant ftaid in the houfe with his Lordfhip. Mr. Anderfon, the other furgeon of the fettlement, alfo vifited his Lordfhip. This Informant is of opinion, That the general good health of Lord Pigot before his confinement, is a proof that the exercife which he took agreed with his conftitution, and was of great confequence in preferring his Lordfhip's health. As to any alteration or abatement in the kind of exercife which Lord Pigot was accuftomed to take; this Informant obferves, that all involuntary reftraints, accompanied with uneafinefs of mind, are productive of diforders, and no doubt, in many refpects, con- tributed to lay the foundation of his Lordfhip's diforder ; but it is alfo to be obferved, that Lord Pigot's illnefs was a diforder peculiar to this country. Men in all circumftances, in all fituations, are fubject to diforders of the fame kind ; though uneafinefs of mind and a diminution of exercife never fail to produce bilious diforders, of which his Lordfhip died. His Lordfhip died of a putrid bilious fever, originated in a difordered liver. This diforder is occafioned by a variety of caufes, as intemperance, impaired digeftion, paflions of the mind, indolence, and want of exercife, all which, and other caufes, contribute to lay the foundation of liver obftructions, the confequence of which is ill conditioned bile thrown into the bowels, which in courfe of time putrifies, and produces fevers, fluxes, and other complaints. His Lordfhip's firft illnefs was of the fame kind with that of which he died, but he was then ftrong, and could bear the effects of medi- cines, confequently he foon recovered ; but this Informant thought it neceffary to apprife his Lordfhip, that the effects of his diforder were only removed, and thaf his diforder had originated in a difeafed liver; alterative medicines, and caution in his diet, and fleeping, would be neceflary to prevent relapfes. His Lordfhip having no feeling of any ails, and great confidence in a good conftitution, was unwilling to fuppofe that he could require any courfe of medicines, urging at the fame time, that he thought himfelf as well as any man in India. After his Lordfhip's firfl illnefs he did not acquire his ufual ftrength, and in the courfe of a little time, perhaps a fortnight, C7 > fortnight, his Lordmip began to have fymptoms of a return of hi* complaints, much putrid bile in his bowels, and a degree of inflatna- tion in^the fubftance of his liver, which altogether brought on a relapfe of his fever, with an enlargement of his liver ; and as he had not recovered the fame ftrength of body, nor could bear the effects of medicines fo well as in his firft illnefs, it proved fatal. The accommodation which Lord Pigot had at Major Home's houfe at the Mount, was one large room and a clofet, which was a lumber room ; his Lordfhip had accefs to the hall and veranda in common with the family and officers who vifited there. This In- formant fhould not have thought the removal of Lord Pigot from his fituation at the "Mount neceffary, if there had not been reafon to expect bad effects, in the condition he was in, from the approach- ing hot winds. This Informant has heard from the relations of others, but efpe- cially from the evidence of Meflrs. Monckton, Ruffel, Stone, and Lord Pigot's fervant, taken on this Inqueft, a particular account of an attempt made on the 2jth of Auguft, to remove his Lordfhip from the Mount, of an order relative to any attempts to refcue Lord Pigot, in cafe of which his life was to anfwer for it ; alib of an intention to fend Lord Pigot to Europe, with which laft this In- formant was himfelf acquainted ; Mr. Stratton having told this Informant, that he and his Council had come to a refolution not to fend his Lordfhip to England by force, this was in the month of January. How far thefe circumftances might have laid the foundation of, or increafed Lord Pigot's diforder, this informant has already ob- ferved in general, that a diminution of the ufual exercife that one is accuftomed to, and ftrong affections of the mind, are productive of bilious illnefs ; but this Informant cannot in particular fay, that the paflions and exertion of Lord Pigot on the 2/th of Auguft, laid the foundation of the diforder of which his Lord (hip died ; the more ufual effects of violent paflions and violent exertions are to produce immediate diforders. As to the order before fpoken of, fo far as might affect his Lordfhip's mind., it would contribute to increafe his diforder. In regard to the intention of fending Lord Pigot to Europe, which- it appears from the evidence of Meflrs. Ruffel and Stone, was known to his Lordfhip in October, and from the apprehenfions of which he was not totally freed till even after the failing of the Lionefs, K z this- }) this Informant cannot fay that a knowledge of this did lay the foun- dation of his Lordfhip's diforder, but that this and other diftrefles during his Lordfhip's confinement, did contribute to lay the foun- dation of his Lordfhip's diforder. Lord Pigot had been ill fome days before this Informant was called upon, by which means his complaints had a putrid appearance, and were alarming. This Informant underftood that his Lordmip had been ailing for feveral days before that, though he did not confine himfelf. It is probable that his diforder was then operating on his habit, but hoiv 'long before that, his diforder had taken place in his confti- tution this Informant cannot determine; though all diforders of this kind have their caufes exifting in the conftitution long before they appear. After what this Informant hath faid on the fubject of his Lordfhip's health, he hath only to add, that during the, cold .months,, when his Lordfhip feemed to be in perfect health, the weather then counteracted the effects of his confinement, and other circumftances, which might contribute to form a difeafe ; but the heat of the fua in the fpring, by increafmg a redundance of bile, and giving it a tendency to putrefaction, probably brought on more fpeedily Lord Pigot's iilnefs. That his Lordlhip's iituation, and the circumftances, which attended it, contributed to lay the foundation of the diforder of which' Lord Pigot died, this Informant hath already obferved, but he cannot fay, whether in any iituation his Lordfhip might not have been attacked with diforders. This Informant wrote to Mr. Stratton the of April, that he thought it neceffary to remove Lord Pigot from the Mount on ac- count of his iilnefs, Mr. Stratton. told this Informant, that if it was judged neceiTa'ry to remove his Lordfhip from the Mount, the Garden-houfe fhould be lined up for his reception, and this Informant believes he wrote to Major Home to the fame pi rport. This Informant attended Lord Pigot from the Mount to the Com- pany's Garden-houfe on the 28th of April, and confidered him as then in danger. On the road thither this Informant did not perceive that his Lordfhip was under any military reftraint. Mr. Stratton ibnt for this Informant the fame morning"; the Council' were then lifting. Mr. Stratton came from the Council Board, and told this' Informant the Council were confidering of replacing' guards over Lord 6 ? \ ' ' Lord Pigot. This Informant told Mr. Stratton that he was exceed- ingly concerned, that fhould be under difcuffion, as the decency of his JLordfhip's corrjing from the Mount without guards gave general fatisfaclion. Mr. Stratton faid that he had been arguing againft it himfelf. This Informant therefore begged him to ufe, as an addi- tional argument, that it was this Informant's opinion, if this circum- ftance fhould come to his Lordfhip's knowledge, it would irritate him much, and might do him confiderable injury in his prefent fituation. Mr._ Stratton feemed fatisfied with the remark, and re- turned into the Council-room. Mr. Monckton afterwards told this Informant, that Major Home had reported himfelf as ftill having charge of his Lordfhip at the Company's Garden-houfe. This In- formant cannot fay whether or not Mr. Monckton told him by whofe particular orders, but this Informant believes it was by the authority of this prefent government. In converfing with Mr. Stratton on Lord Pigot's illnefs and pri- vate affairs, this Informant could not help expreffing his fears that his Lordfhip might die without arranging his family matters. Mr. Stratton told this Informant, that he (Mr. Stratton) believed that was already done; for that his Lordfhip, before he went to Tanjour, took him familiarly into his (Lord Pigot's) room, and faid, George, (meaning him Mr. Stratton) fhould any accident happen to me, you will remember that Mrs. Monckton's marriage fettlement, fome papers, and my will, are contained in that bureau, pointing to a bureau. This Informant reported this to Mr. Monckton and Mr. Ruffel, he thinks, three days before Lord Pigot's death. Two or three days before his Lordfhip's death this Informant acquainted Mr. Stratton, in a note, that his Lordfhip's flrength fell off very much, and that there were no hopes of his re- covery. This Informant obferves, that the Jury are well acquainted with Lord Pigot's referve. During this Informant's attendance on Lord Pigot, he never fpoke to this Informant concerning his confinement, and if at any time Lord Pigot fpoke of Mr. Stratton on any indif- ferent matter, he fpoke of him with temper. Lord Pigot died on the nth of May, between ten and eleven o'clock, aged, as this Informant hath heard, about fifty-eight years. This ( 70 ) This Informant was at the Company's Garden-houfe at the time of his death. (Signed) GILBERT PASLEY. Sworn the i ;th day of May, in the feven- teenth year of the reign of King George the Third, and in the year of our Lord 1777, before me, (Signed) G. A. RAM, Coroner. A true Copy* WM. SEDGLEY, Clerk of Peaces (( 7i )) Town of MADRASPATNAM. ff. The INFORMATION of Mr. James Anderfon, Surgeon in the Eaft India Company V Service^ taken upon Oath before me George Andrew Ram, his Majejlys Coroner for the f aid T by Adjournment ', at the Houfe of Mr. George Smith (Foreman of the f aid Inqueft}^ in the faid Fort. THIS Informant, on his oath, faith, That he firft knew the late Lord Pigot the latter end of January 1759, when his Lordfhip was Governor of Madras. That from the time when this Informant was firft acquainted with his Lordfhip, to the time of his Lordfhip's embarking for Eng- gland, his Lordfhip's health was, in general, very good. After Lord Pigot's return to India, this Informant, who was then Chief of Cuddalore, faw his Lordmip at that place on the ift of April 1776; Lord Pigot was then in good health, and told this Informant that, during his (Lord Pigot's) ftay in England, he never had fo much as a finger-ache. Lord Pigot continued at Cuddalore till the 3d of April, from which time, till this Informant came down to Madras (which he thinks was in the beginning of Auguft), he did not fee his Lordlhip. On this Informant's arrival at Madras he en- quired of Lord Pigot how he did ? His Lordfliip told this Informant that he was well* Lord Pigot was feized and carried to the Mount on the night of the 24-th of Auguft laft This Informant was firft made acquainted M z with ( 84 ) with his Lord (hip's being feized, by many people at the Company's Garden-houfe between eight, and nine o'clock in the evening. On receiving this intelligence, this Informant went the fame night with Mr. Dalrymple, in Lord Pigot's chariot, to the Mount ; Mr. Dal- rymple ordered the coachman to drive to Major Home's houfe, as he fuppofed Lord Pigot to be there ; on their arrival at Major at Home's, they faw Lord Pigot, Major Home, Mr. Mallet, and this Informant thinks there were two officers befides, fitting at a table in the veranda of Major Home's houfe. So foon as Major Home faw Mr. Dalrymple and this Informant, he faid, Gentlemen, I have very particular directions concerning you ; Mr. Dalrymple made anfwer, " Who could give you thefe directions ? Major Home, 41 I am forry to fee you concerned in fuch a bufmefs, we ferved " together at Manilla in a friendly manner, and I am concerned *' now that there is the appearance of our differing fo much in our " fentiments." Major Home faid, " I was entirely ignorant of " Lord Pigot's coming out to the Mount, till his chariot Hopped " at my door, and I was then much furprifed what had brought " him out fo late to the Mount. Upon his Lordmip's alighting from ft the chariot, I faw Captain Lyfaght follow him out of the chariot, in the faid Fort. THIS Informant, on his oath, faith, That he knew Lord Pigot in England, after his arrival from India, about the year 1764, that his Lordfhip appeared to him to enjoy perfect health. This Informant has not had very frequent intercourfe with his Lordfhip lince his laft arrival in India. He has had more intercourfe with his Lordfhip fince his confinement at the Mount than before. It was fome time in Auguft laft, late on a Saturday night, that this Inform- ant heard that Lord Pigot was put under reftraint at St. Thomas's Mount. Early the next morning (being Sunday) he faw Lord Pigot at the Mount under reftraint. This Informant had gone to the Mount to be fatisfied where Lord Pigot was. He had free accefs to Lord Pigot ; but Major Home (at whofe houfe Lord Pigot was) told this Informant, that any conver- fation with Lord Pigot muft be in his (Major Home's) prefence. But after that morning this Informant converfed with Lord Pigot as he pleafed. At the very fame time Major Home fhewed this In- formant an order, which he (Major Home) gave as a reafon for pre- venting this Informant from having a private converfation with his Lordfhip. This Informant believes this order was from Colonel Stuart, but he doth not recollect the purport of it. Three Three or four days after his Lordmip was put under reftraint, he applied to this Informant for the protection of his Majefty's flag. This application was made in the morning after an attempt to re- move his Lordfhip from the Mount over night. This Informant, upon this application, requefted of the Gentlemen then in pofTeflion of the Government, that Lord Pigot might have fafe-conduct to the Fort, or to this Informant's fhip, that being his Lordfhip's requeft to this Informant. This requeft the Gentlemen in pofleffion of the Government did not think proper to grant. This Informant has heard that Lord Pigot afterwards applied to the Mayor's Court for a writ of Habeas Corpus, but he cannot fpeak of that matter from his own knowledge. This Infonmant remained fome time at the Mount for the fatisfaction of Lord Pigot and his friends : but he did not con- fider this in the light of protecting Lord Pigot againft any other at- tempt to carry him away. Mr. George Stratton had told this In- formant, for his fatisfa&ion (the evening after the aforefaid attempt to remove Lord Pigot from the Mount), that his Lordfliip fhould not be removed without this Informant's knowledge. The firft morning that this Informant was at the Mount he ob- ferved fome of the Nabob's cavalry picketted between the houfe of Major Home and the houfe where Mr. Monckton and Lord Pigot's family refided : he believes there might be twenty. Before this In- formant went to Trincomallee, Lord Pigot applied to him to procure their removal, appealing to this Informant, whether it were fafe for him (Lord Pigot) to go out of fight of the European guard at Major Home's houfe, whilft thefe horfemen remained there; or faying fomething to that purpofe. This Informant thereupon made appli- cation to the Gentlemen in poffeflion of the Government the day before he failed for Trincomallee (which was the I5th of October laft), they fent this Informant for anfwer, That there were only ten men intended for the convenience of carrying meflages to and from the Mount -, however, on this Informant's application, the horfemen were immediately removed. Alfo, before this Informant failed for Trincomallee, Lord Pigot addrefled a letter to him, relative to Cri- minal Courts being held by the Gentlemen in pofleffion of the Go- vernment, which this Informant tranfmitted to them ; and thefe Gentlemen anfwered him that they had received it. Since this Informant's return from Trincomallee, about the i8th of January laft, he has heard that it was moved to fend Lord Pigot home by the Lionels ; but this Informant does not know of any pro- N 2 pofal ( 92 ) pofal to the Captain of the Lionefs, or to any other perfon, to take Lord Pigot on board (hip. When this Informant failed for Trinco- mallee, he had no reafon to believe that the Gentlemen in pofleffion of the Government had any intention of fending Lord Pigot to Eng- land. This Informant has heard Lord Pigot's friends fay, that his Lorclfhip would not fuffer himfelf to be carried away by force alive ; but he never heard it from Lord Pigot. When this Informant has vifited Lord Pigot at the Mount* he ap- peared to be always under reftraint, as an officer always accompanied him. In this vifit Lord Pigot never converfed with this Informant concerning his Lordfhip's fituation, and very feldom of the Gentle- men in pofleffion of the Government, fcarce ever refpedting the late difputes at this place. The day Lord Pigot removed from the Mount to the Company's Garden-houfe, or about the a8th of April laft, this Informant was pre fent at a converfation between Major Home and Mr. Monckton, at the Garden-houfe, the purport of which, as well as this Informant recol- lects, was as follows : Major Home told Mr. Monckton, that Mr. George Stratton had fignified to him the opinion of the Council, compofed of the Gentlemen in pofleffion of the Government, that Lord Pigot was ftill under his (Major Home's) charge ; that the Jemidar's guard at the gate was put under his (Major Home's) directions, which fhould be to prevent any noife or difturbance ; that he (Major Home) fhould not remain there, but return to the Mount the next day. This Informant thinks Mr. Monckton faid, that Lord Pigot could not be told of it, and Major Home faid it was tinneceflary. The day be- fore, or the day on which Lord Pigot died, Mr. Monckton Ihewed to this Informant a paper on which he had taken down the fubftance of his converfation. The contents of the paper appeared to this In- formant to be nearly the purport of the faid converfation, and he told Mr. Monckton fo. The day before Lord Pigot's death, this Informant cannot fay whether it were the day before or two days before, Mr. George Stratton took an opportunity of defiring this Informant to communi- cate to Mr Monckton, that he (Mr. George Stratton) fhould like to attend the funeral, if the event happened, as chief mourner, or in. any other capacity, if he were invited ; but as things were circum- ftanced he (Mr. George Stratton) thought it was not proper to go 8 without ( 93 ) without an invitation, This Informant mentioned this to Mrs Monckton. This Informant fays, that he means by the Gentlemen in poflef* iion of the Government there, who addreffed him as a Board of Council, when the difputes before mentioned arofe, namely, Mr. George Stratum, Sir Robert Fletcher, Mr. Henry Brooke, Mr Charles Floyer, Mr. Archdale Palmer, Mr. Francis Jourdan, and Mr George Mackay, he has had addrefles from them fince, they have been fewer in number, but does not remember feeing any other name or names in their addrefles to him. This Informant hath feen an order relative to any attempts to refcue Lord Pigot, but he does not exactly recollect the purport of it, but he tranfmitted it home with other papers relative to the difputes at this place. (Signed) EDW. HUGHES*. Sworn the 2 ift day of May, in the feven- teenth year of the reign of King George the Third, and in the year of our Lord 1777, be- fore me, (Signed) -G. A. RAM, Coroner* Town of MADRASPATNAM. Jf. The INFORMATION of Telafmga, Peon, taken upon Oath before me George Andrew Ram, Coroner of our Lord the King for the Town of Madrafpatnam afore- faid, on an Inqinfition held at the Company s Garden- houfe, about a Mile diflant from Fort St. George, within the D ift rifts of the faid Town ) on the View of the Body of the Right Honourable GEORGE Lord PIGOT, there lying dead\ and, by Adjournment , at the Houfe of Mr. George Smith (Foreman on the faid Inquejt)^ in the f aid Fort. THIS Informant on his oath, faith, That he ferved Lord Pigot when he was before Governor. He has alfo ferved Lord Pigot from the day of his Lordfhip's laft arrival until the day of his death. This Informant was prefent at the Fort-gate when Lord Pigot and Colonel Stuart went into his Lordfhip's chaife : Lord Pigot gave this Informant his fword and cane as ufual, with orders to follow him : this Informant had hold of the chaife and run along with it, near the furthermoft bridge on the Ifland the chaife was flopped by two officers, the one was Captain Lyfaght, and, this Informant believes, the other was Mr. Sydenham ; a number of fepoys with fixed bayo- nets ftopt the horfes. The officer who was to the right of the chaife requefted that Lord Pigot would alight. Lord Pigot afked him by whofe orders he was to come down. The officer faid, by General Fletcher's orders. Lord Pigot making fome difficulty, the officer faid, You had better come down, or elfe there will be trouble. Co- lonel Stuart faid to Lord Pigot, You had better go down and fpeak to that officer. The officer attempted to take Lord Pigot by the wrift, 3 where- ( 95 ) whereupon Lord Pigot fprung out of the chaife. Colonel Stuart alfo left the chaife. Then the officer that was to the left of the chaife came round, and they all moved a little way. Colonel Stuart halted ; then the other two officers and Lord Pigot walked under fome trees, where there was a chariot. One of the officers opened the door, from which a ferjeant fprung out, who went round and feated himfelf behind the carriage, and wrapped himfelf up in a cloak. Lord Pigot went into the chariot. This Informant was go- ing to give Lord Pigot his fword and cane, upon which Lord Pigot told this Informant that he might follow. Captain Lyfaght went into the chariot with Lord Pigot. This informant obferved that the officers had fwords in their hands, but not drawn. Then Captain Lyfaght pulled to the door of the chariot, and the chariot drove on, and this Informant followed. There was an European poftillion who drove the chariot. Two Mufalgee boys accompanied the cha- riot, who told this Informant that it was Mr. Benfield's chariot. The Mufalgees alfo told him, that the man behind the chariot had loaded piftols, and that he was a fool to keep fo near the carriage left any hurt fhould come to him. Then this Informant quitted the hold which he had of the carriage, and followed it. About the long tank this Informant heard the firing of the eight o^clock gun about Ge- neral Lawrence's houfe at the Mount. This Informant hurt his foot, and could not follow the carriage fo clofe as before ; the carriage drove very hard, and it was with great difficulty that he kept up with it fo long. When this Informant arrived at Major Home's houfe he faw Lord Pigot and Captain Lyfaght walking in Major Home's veranda, and he faw Major Home in the hall writing. After finifhing what he was writing Major Home {hewed the paper to Lord Pigot, upon which Lord Pigot delivered it to Captain Ly- faght, and requefted him to let his daughters fee it. This Informant obferved a fingle horfe-chaife at the gate, Captain Lyfaght got into, it, and drove away. Soon after, this Informant faw an officer, a drummer, and fome private men come before the gate ; then Major Home went out and returned with an officer (who, this Informant learnt, was the Adjutant) with two men, who were placed cen- tinels within the gate before the houfe, and Major Home pointed to Lord Pigot, and told the centinels that was Lord Pigot. (This In- formant ftood near and heard this.) Major Home then returned into the houfe where Lord Pigot was. The centinels afked this In- formant who he was; he anfwered, that he belonged to Lord Pigot. They afked whofe fword and cane this Informant had in his hands ; he faid, Lord Pigot's. The centinels faid, '* Go away, you, rajlal." This, This Informant then went out of the garden. He kept tlie fword and cane all night, and the next morning delivered them to another of Lord Pigot's Peons, and returned to Madras. (Signed) TELASINCA. Sworn the sift day of May, in the feven- teenth year of the reign of King George the Third, and in the year of our Lord 1777. ibefore me, (Signed) G, A. RAM, Coroner. if A true Copy) WM. SEDGLEY, Clerk of Peace. ( 97 ) Town of MADRASPATNAM. The I N F O R M A T I O N of William Hamilton, in the Service of the Eaft India Company, token upon Oath, before me y George Andrew Ram, Coroner of our Lord the King) for the Town of Madrafpatnam aforefaid, on on an Inquijition held at the Company s Garden-houfe^ about a Mile dijlant from Fort St. George, on the F'iew of the Body of the Right Honourable GEORGE Lord Pi GOT, there lying dead ; and^ by Adjournment ', at the Houfe of Mr. George Smith (Foreman of the faid In- in the faid Fort. THIS Informant, on his oath, faith, That he is deputy to the military Pay-mafter. That the half batta which had been ftruck off in the month of February 1776, was put on again at Tanjour on the 29th of Au- guft laft, as he knows by the accounts figned by the Paymafter at that place, and tranfmitted to the military Paymafter General. This Informant has reafon to believe that it was put on at the fame time at the other out-garrifons, where it had been formerly paid ; but thofe accounts do not come to his office, but to the Superintend- ant of the Nabob's accounts. This Informant further faith, on his oath, That there was a gratuity of twenty Pagodas per day, paid Major Home at the Mount, during Lord Pigot's confinement. The vouchers which are in his office, fpecify that it was for extraordinary expences O incurred C 98 ) . incurred by Major Home, during Lord Pigot's refidence at his- houfe. (Signed) WM. HAMILTON.- Sworn the 21 ft day of May, in the feven- teenth year of the reign of King George the Third, and in the year of our Lord, 1777, before me, (Signed) G. A. HAM, Coroner. (A true Copy.) WM. SEDGLEY, Clerk of Peace. / 99 ) Town 0/MADRASPATNAM. Jf. lie INFORMATION of William Howard, Ser- vant to Claud Ruffel, Efq. taken upon Oath before me George Andrew Ram, Coroner of our Lord the King for the f aid Town^ on an Inquifition taken at the Company s Garden-houfe^ about a Mile diftant from Fort St. George, within the DiftriEls of thefaid Town, on the View of the Body of the Right Honourable GEORGE Lord Pi GOT, there lying dead\ and by Adjournment ', at the Iloufe of Mr. George Smith (Foreman of thefaid In ) in the f aid Fort. THIS Informant, on his oath, faith, That he came to the Company's Garden-houfe, the day after Lord Pigot was re- moved thither, and remained there until two days after his Lord- fhip's death. The ferjeant who was at the gate, and who had the charge of the guard all the time from the coming of this Informant to the Gar- den-houfe, till his Lordfhip's death, told this Informant, that the guard was under Major Home's orders. This Informant (landing at the gate, either the evening before Lord Pigot's death, or two evenings before, the Commodore's coach- man then fpeaking to him, relative to Lord Pigot's confinement ; the ferjeant who was upon guard faid, that the guards there were placed over Lord Pigot, and were under the orders of Major Home, and that he (the ferjeant) gave a written report to Major Home, of the occurrences at the Garden-houfe in the courfe of the day. This Informant does not know the ferjeant's name. The morning that Lord Pigot died, the ferjeant came into the room where this Informant was, and alked for Mr. Nutting, his O 2 Lord- ( 100 ) Lordfhip's fervant ; this Informant told him, that Mr. Nutting was attending his Lordfhip. The ferjeant faid, he was come to acquaint Mr. Nutting, that his Lordfhip was releafed, and that he was going to town ; and in cafe of his Lordfhip's death, the Sepoys were to take no charge of his Lordfhip's effects. About an hour after this, Lord Pigot died. This Informant did not mention this converfation to Mr. Nutting, or to any other perfon, till after his Lordfhip's death ; and he further declares, that while Lord Pigot lived, this Informant obferved, that about dark, additional guards were placed about the Garden-houfe, in ftations where there were none during the day. (Signed) WM. HOWARD. Sworn the 31(1 day of May, in the feven- teenth year of the reign of King George the Third, and in the year of our Lord, 1777, before me, (Signed) G. A. RAM, Coroner. (A true Copy.) WM, SEDGLEY, Clerk of Peace, The CORONER'S Charge to the jury. Gentlemen of the Jury. YO U have now heard all the evidence which I fhould think could be neceflary, to enable you to form a judgment in the prefent cafe ; as the evidence has been long, and one of the Jury has obferved, that he never ferved on an Inqueft before, perhaps it may not be amifs in me to take notice of fome particulars in the evidence, and to propofe fuch previous queftions for your determination, as in my opinion, may facilitate the finding of your verdict. The firft queftion I would propofe to your confideration is, Whe- ther or not Lord Pigot died in confinement ? The evidence on this head appears to be as follows : That Lord Pigot was under confinement at the Mount; that at his removal from Monckton, thence to the Company's Garden- houfe, there was no appearance of ^ ot j e ' . i- J t c - i c r j rv I r^ i fel, Lathom, a military guard ; that alter the arrival or Lord rigot at the Garden- sir Edward houfe, Mr. Stratton ihould fay to Mr. Pafley, that his Council had Hughes, under confideration, the committing Lord Pigot to a military guard ; Nutting, that on the evening of the day on which Lord Pigot arrived at the \ C * V1S * Garden-houfe (viz. the 28th of April), Major Home (under whofe charge Lord Pigot was whilft at the Mount) fhould tell Mr. Monckton, fon-in-lawtothedeceafed, that he (Major Home) had like to have been M. feverely cenfured ; for not guarding Lord Pigot on the road from the Mount to the Company's Garden-houfe, and that from thenceforward Lord Pigot was to be confidered as under his ( Major Home's) cuftody. M. It likewife appears from the evidence, that Mr. Sydenham the Town j^ Major, did put the Sepoys, before ftationed at the Company's Garden- R houfe, under the orders of Major Home ; and that foon afterwards, a ferjeant was ftationed at the Garden-houfe, to make daily reports to Ma- jor Home : that Lord Pigot continued at the Company's Garden- ^ .houfe from the 28th of April, till the nth of May; that on the V 3 morning morning of the iithofMay, the day on which Lord Pigot died, V Mr. Stone heard from the faid ferjeant, and Mr'Ruffel from his European fervant, that Major Home had been at the Company's gardens the night preceding, about eight o'clock, and had told the ferjeant, that he was no longer to confider Lord Pigot under con- R finement, or to take charge of his body or effects. Mr. Ruflel ob- ferves, that Lord Pigot's friends could not confider what the ferjeant had faid to Mr. Stone, as an official information. Indeed I cannot help here obferying to you, Gentlemen, that when Lord Pigot was Proclama- feized and confined, his feizure and confinement was proclaimed to tlon> the whole Settlement, and notice of it fent to all parts of India ; but when he is to be releafed, the removal of his guards is told to a fer- M. R. jeant only. To proceed with the evidence, we learn from MefTrs. Monckton and Ruflel, that Lord Pigot's life had been for fome days defpaired of; Mr. Stone fays, that he did not expert to find Lord Pigot alive, when, he went on the morning of the I ith, to the Gar- p. den-houfe. It alfo appears, from the evidence of Mr. Pafley, that he had acquainted Mr. Stratton with the dangerous fituation Lord Pigot was in, fome days before his death. It appears from the evi- Sir E. H. dence of Sir Edward Hughes, that Mr. Stratton was fo far convinced of his Lordfhip's approaching diflblution, that he propofed, through Sir Edward Hughes, to be chief mourner at the funeral j this con- verfation between Sir Edward Hughes and Mr. Stratton, paffed a M. day or two before his Lordfhip's death. I alfo beg leave to obferve, R- N. tn at an expectation of his Lordfhip's death is tacitly implied in the order, faid to be given to the feajeant, viz. that he fhould not take charge of Lord's Pigot's body or goods. M. We alfo learn from Mr. Monckton, that after his Lordfhip's de- ceafe, about eleven o'clock in the forenoon, of the iith inftant, he wrote a letter to Major Home, to demand the body of Lord Pigot ; in anfwer to which, Major Home acquaints him, that the guard was taken off Lord Pigot the night before, and that this was the firft of- ficial information Lord Pigot's fon-in-law received of this matter. Thepriginal letter from Major Home, Gentlemen, was produced to you. Now, Gentlemen, all thefe cjrcumftarices confidered, you will judge whether Lord Pigot can or cannot be confidered as one who died under confinement ; when the firft official notice received by his friends of his releafe, was not till after his death, and when his life .had for fome days been defpaired of by the furgeons. For ( 103 ) For my own part, Gentlemen, I will obferve to you, that in my pinion ; no man can be faid to be releaied from confinement, till he or his friends have official notice of his releafe ; whether what the ferjeant faid to Mr. Stone was or was not fuch official notice, I leave to your determination. On the whole, if you find that Lord Pigot did not die in confine- ment, a doubt may arife, as to the neceffity of holding this Inqueft, on which I will (in that cafe) give you my opinion. If you find that Lord Pigot did die under confinement, you will next proceed to your verdict, on which I have much to obferve to you ; but firft, I muft premife, that in the following charge, I have not taken notice of the diftinction, a general and fpecial verdict ; becaufe this will make no difference in the Inqueft, which muft be attefted by the Jurors, as well as by the Coroner ; the reafon why it will not, I (hall give, after pointing out in what the diftinction confifts. The diftinction between a general and fpecial verdict appears to me to be as follows : When a man is indicted for any crime or of- fence, as for murder, for manflaughter, for a robbery, &c. the Jury may either find their verdict general, guilty or not guilty (that is, of the offence laid in the indi&ment), or they may find a fpecial verdict, fetting forth all the circumftances of the fact, and leave it to the Court to determine, what offence,all the circumftances of the fact, as found by them, is in the eye of the law ; whereby they (the Jurors) avoid judging of points of law. Now, the Jury on an Inqueft, who are fworn to enquire, when, where, and after what manner the de- ceafed came to his death, muft of courfe fpecify the circumftances which caufed the death, which muft be entered on the Inqueft. And as an Inqueft in this refpect, refembles a fpecial verdict, fo the Coroner being under an indifpenfible necefjity in his Inqueft, to keep to and obferve all thole words of art, which the law hath appro- priated to the defcription of an offence ; for no paraphrafes or circum- locution will fupply the want of them, let all the circumftances be jnever fo exactly fet forth, the verdict of his Inqueft will in uiat re- jfpect, refemble a general verdict; and as i before obferve d, the In- queft muft be attefted as well by the Jurors as by the Coroner. J now I now proceed to the next queftion. II. The next queftion, Gentlemen, may either determine your ver- dict, or ferve to facilitate the finding of it ; and here, Gentlemen, I beg leave to obferve to you, that your verdict muft be pofitive, and not by way of relation, inference, or opinion ; for if it is not pofitive, it is no judgment, and I cannot receive it as a verdict. The queftion I propofe to your confideration is, Whether Lord Figot's death were or were not a confequence of his confinement ? or, in other words, Whether Lord Pigot's confinement were or were not the caufe of his death ? i ' M. The evidence on this queftion, appears to be as follows : and firft, R. the evidence read to the iurgeons for their information, as to matter * of fact. Mallet. S. E. H. Lathom. By this, it appears, that Lord Pigot was feized and confined on the 24th of Auguft laft; that for fome time his Lordfhip's confinement was more ftrict ; that afterwards Major Home (at whofe houfe Lord Pigot was confined) relaxed fomewhat of the ftrictnefs of it. M. That on the night of the 2yth of Auguft laft, an attempt was R * made by Lieutenant-colonel Eidingtoun (Adjutant-general) and Major Home, to remove Lord Pigot from the Mount, which threw his M. Lordmip into violent agitation, and he exerted himfelf very much in N. fpeaking to the foldiers under Major Home's command, fo as to be heard at a great diftance. My Lord's fervant fays, that he heard his M. R. S. Lordfhip's voice at a houfe called General Lawrence's, which the evidences fix at about a quarter of a mile diftant from Major Home's S. houfe. That this exertion rendered Lord Pigot exceeding hoarfe, which hoarfenefs did not go off for fome time after. R. It appears, that after this attempt, Lord Pigot applied to Sir Ed- M. ward Hughes, for the protection of his Majefty's flag; how far he k' obtained it is related by Sir Edward Hughes. Records of That afterwards Lord Pigot applied to the Honourable Mayor's the Court. Court, for a writ of Habeas Corpus, which his Lordmip had at firft fome reafon to expect he mould obtain, but was afterwards dif- appointed; appointed ; the Court not thinking they had power to grant fuch a writ. It alfo appears, from the evidence, that there was an order given M. to Major Home, in which were the following remarkable words : " As the laft refource in cafe of an attempt to refcue Lord Pigot, his I" * c life muft anfwer it, and this you will fignify to him." It does not appear that this order was ever withdrawn, but rather the L. contrary. Tt alfo appears, from the evidence, that, in October laft, Lord R. Pigot had intimation of a letter having been written to Bengal, for the concurrence of the Governor-general and fupreme Council, to fend Lord Pigot to Europe. That on the arrival of the Lionefs Indiaman, the beginning of January, his Lordfhip had intimation that the people then in power were debating upon fending his Lordihip-home. That Mr. Larkins, Captain of the Lionefs, informed Lord Pigot S. that he had been applied to by one of the then Council, to take his Lordfhip on board his fhip, who had faid to him, " if you will not, " your chief mate will." That Lord Pigot was fo much alarmed R. on this occafion that he would not flir from Major Home's houfe M - (as before he ufually did), telling Major Home that he had been w . kidnapped once, but would take care not to be kidnapped again, and afiuring Major Home, and feveral others, that he would not be removed alive. Mr. Ruflel informs us that he fecretly provided Ruflcl. his Lordfhip with the means of making refiftance, which (it alfo appears by the fame witnefs) Lord Pigot kept ready by him till his removal to the Company's Garden-houfe tor the benefit of his health. His Lordfhip's fentiments on this matter are fet forth in the letter from Major Home to Mr. Stratton, a copy of which you faw, Gentlemen, in Lord Pigot's hand-writing, fetting forth that Lord Pigot had told him (Major Home) that " he (Lord Pigot) '* was informed that feizing him and fending him on board fome fhip, " was under confideration ; that he underftood there were different " opinions, however, refolved on; he was determined not to be car- " carried alive; he faid, if the Eaft India Company or the King's " miriifter difapproved of his conduct, let them fend him his dif- " mifTion, and he would return to England, and face any charge ** they had againft him there ; but as both fides had wrote to Eng- P land, " land, he could not leave the country until directions arrived in " confequence of thofe difpatches." M. It alfo appears that feveral inhabitants of the fettlement, fenfible R. of the danger to which his Lordfhip was expofed, addrefled a remon-* s * ftrance to the people in power againft fending Lord Pigot home. R. That about the 2oth of January lad Lord Pigot faw copies of the ** letters to Bengal on this fubject, and the anfwer from the fupreme i ^un an. Q ounc ^ encouraging the people in power here to fend his Lordfhip R. s. home, if they thought it would be attended with good confequences. Pafley. It alfo appears that this alarm was kept up in his Lordfhip's mind, by his Lordfhip's receiving intelligence from Mr. Pafley that he would foon receive an official letter to affure him that the intention of fending him home was laid afide ; a draft of fuch a letter was fhewn to his Lordmip, with the remarks of feveral perfons upon it, difapproving of it ; copy of which, Gentlemen, you alfo faw in his S- Lordmip's hand-writing. And Mr. Stone informs us, that Lord Pigot ufed to take copies himfelf of any paper containing informa- tion which he received privately, and deflroy the papers themfelves, to prevent any difcovery of the perfons from whom he got his information. Soon after, inflead of this intended letter, another was fent to Major Home to {hew his Lordfhip, which implied only that the R. people in power would not fend him home by the fhip then under s - difpatch. R. His Lordmip's refentment, upon being fhewn this letter, is *> evident from a remark of his, which you alfo faw, gentlemen, in his own hand-writing. This letter was dated the 2oth of January. i SecM Mr. Sedgley bears teftimony that a knowledge of this intention Hahburton. greatly agitated Lord Pigot, and Mr. Haliburton, that Lord Pigot M. coniidered this letter from Bengal as the higheft infult and indignity. N. However, neither Mr. Monckton nor my Lord's fervant obierved that this letter had any apparent effect on Lord Pigot's health or fpirits, which Mr. Monckton attributes to Lord Pigot's great re- R; ferve. But Mr. Ruflel fays, notwithstanding his referve, Lord Pigot gave him reafon ro think that he was much hurt, particularly S. by the letter of the 21 ft of January. And Mr. Stone fays, that it was was apparent to himfelf, and his whole family, that Lord Pigot never after recovered thofe fpirits which he appeared to have before. It alfo appears that Lord Pigot's ficknefs was apparent on the 5th Mallet. or 6th of March laft. Mr. Ruflel fays, that upon comparing cir- R. cumftances, it was apparent to them (Lord Pigot's friends) that for eight, nine, or ten days before, Lord Pig9t had not 'been fo well as ufual. Mr. Pafley fays, he cannot determine how long his Lord- P. fhip's diforder had taken place in his conftitution before (it was apparent), but that all diforders of a fimilar kind with his Lord- fliip's, have their caufes exifting in the conftitution long before they appear. It further appears, from the evidence, that his Lordftiip's diforder . M. increafed to a dangerous height, that, however, he grew better to- wards the latter end of March. Mallet. The beginning of April he was attacked with a return of his dif- order, and grew daily weaker till the 28th of April, when he was removed, in confequence of the recommendation of Mr. Pafley, to R. the Company's Garden-houfe for the benefit of the air j that on the ** nth of May his Lordubip died. All the witnefles bear teftimony to Lord Pigot's good health both M. in England and here, previous to his confinement at the Mount, R as far as has come to their knowledge ; they alfo mention that Lord Pigot took frequent exercife, particularly walking and riding in an p. open chaife, before his confinement. Anderfon. N. Meflrs. Monckton, Stone, and Ruflel, reprefent that Lord Pigot M. never went out but once in a carriage after his confinement, and R. reprefent his exercife in general to have been much lefs after his * confinement than before. Lord Pigot's fervant mentions, that his N. Lordfliip never went o'ut but once in a chaife after his confinement, and gives a reafon to believe that the guard who attended Lord Pigot had orders to prevent his Lordfliip, had he attempted to get into a carriage. Lord Pigot's fervant fays, that he thinks the exercife which his Lordfliip took after his confinement, might be altogether as much as he took before, but obferves that it was confined to one place; with regard to Lord Pigot's health in his confinement, it does not appear that any notice was taken of an abatement of it till fhortly before Mr. Pafley was fent for. P 2 Meflrs. M. Me Mrs. Monckton, Stone, Rufiel, and Pafley, bear teftimony, that Lord Pigot was unc which regarded himfelf. . s - that Lord Pigot was uncommonly referved, efpecially in every thing Meflrs. Monckton and RufiTel both afErm that Lord Pigot had great fenlibility in his difpofition, and that he was exceedingly tem- perate in his diet. The evidence depofe that the age of Lord Pigot, when he died, was fifty-eight years. I now, Gentlemen, proceed to the evidence of the furgeons, relative to this queftion, and here beg leave to obferve, that I fhould think it would be more fafe for the Jury, on this queftion, to go upon the opinions of the furgeons, in relation to the particular dif- order of which Lord Pigot died, rather than on any application which the Jury themfelves may make from the general opinions of the furgeons to the particular cafe of Lord Pigot ; though the anfwers of the furgeons, to the general queftions put to them, may ferve to corroborate this evidence, on the particular cafe of Lord Pigot, if they are found to correfpond therewith; however, on this matter, every man will judge for himfelf. Pafley. Gentlemen, the evidence of the furgeons is to the following pur- port: and firft, Mr. Pafley, in anfwer to the general queftions, gives it as his opinion, that the paffions, and all the circumftances which afFecl the mind, will of courfe fo affect the body as. to produce dif- orders. But he obferves, that advanced life has generally more firmnefs and fortitude, and lefs fenfibility of nerves, and is therefore more able to fupport the injuries which arife from a change of iituation, and other misfortunes. As to what more particularly relates to Lord Pigot, Mr. Pafley informs us that Lord Pigot died of a putrid bilious fever, originated in a difordered liver; that diforders of this kind are occafioned from a great variety of caufes, as intem- perance, impaired digeftion, paffions. of the mind, indolence, and want of exercife. Mr. Pafley (as well as Lord Pigot's fervant, and his moft intimate acquaintance Meflrs. Ruflel, Stone, and Monckton) bear teftimony of his Lordfhip's good conftitution, and the great fhare of health he. enjoyed before his confinement. Alfo in anfwer to the queftion, whether his Lordfhip's generaf good health was not a proof that the exercife which he ufually took agreed ( 109 ) agreed with his confutation, and was of great confequence in pre- ferving his health ? Mr. Pafley anfwers, that he does think it was. After this Mr. Pafley obferves, that all involuntary reftraint, ac- companied with uneafmefs of mind, are productive of diforders, and no doubt, in many refpedls, contributed to lay the foundation of his Lordfhip's diforder. On the other hand, Mr. Pafley obferves, that Lord Pigot's illnefs was a diforder peculiar to this country, and that men in all fituations are fubject to diforders of the fame kind. He concludes his anfwer to this queftion, which is the twelfth, by faying, that uneafmefs of mind, and diminution of exercife, never fail to produce bilious diforders, of which his Lordfhip died- I beg leave to obferve to you, that from the latter part of Mr. Pafley 's anfwer to the thirteenth queftion (the former part hath been already taken notice of), it clearly appears that Mr. Pafley confidered the fecond illnefs of Lord Pigot as a return of the firft, rather than a frefh diforder ; he alfo intimates, that Lord Pigot was not fo willing to take his advice, to prevent a return of his diforder, as might have been expected. Upon this part of the evidence, I muft beg leave to quote a paflage from Serjeant Hawkins, as follows : Book I. chap. xxxi. feel. 10. "Ifaperfon, hurt by another, died thereof within a year *' and day, it is no excufe for the other, that he might have re- " covered if he had not neglected to take care of himfelf." Mr. Pafley, in anfwer to another queftion, obferves, in general, 1 that the feelings of injuries, and the effects they have upon the con- ftitution, muft always be in proportion to the character, the dignity, and profpe&s of the perfon who experienced the injury. The anfwer to the fixteenth queftion, whether the exertion appa- rent in Lord Pigot, in the attempt to remove him from the Mount on the night of the 27th, might or might not lay the foundation of his Lordfhip's diforder? Mr. Pafley obferves, that the more ufual effects of paflion, and violent exertions, are to produce immediate diforders. In anfwer to the feventeenth queftion, whether Lord Pigot's knowledge of an intention to transport him to Europe might not occafion his Lordfhip's diforder ? Mr. Pafley tells us, he cannot fay that that in particular did, but that that and other diftrefles, during 6 his his Lordfhip's confinement, have contributed to lay the foundation of the diforder of which his Lordfhip died. The anfwer to the nineteenth queftion, how long the diforder might have lain dormant on his Lordihip's conflitution ? Mr. Pafley fays, that all diforders of the mind have their caufes exifting in the conflitution long before they appear; of this 1 have before taken notice. , In anfwer to the twenty-third queftion, whether it be not probable and likelyj from his Lordfhip's ftate of health before his confine- ment, that he might have lived longer, had it not been for the con- finement of his peifon, and the treatment he met with in that con* finement ? Mr. Pafley fays, that he has already obferved that hi- Lordfhip's fituation, and the circumftances that attended it, had cons tributed to lay the foundation of the diforder of which his Lordfhip died, but that he cannot fay whether in any fituation his Lordfhip might not have been attacked with diforders. Mr. Pafley's anfwer to a general queftion, on his Lordfhip's dif- order, is as follows: " After what I have faid on the fubject (the " caufe of his Lordfhip's -diforder), I have only obferve, that during " the cold months, when his Lordfhip feemed to be in perfect health, " the weather counteracted the effects of his confinement, and other u circumftances that might contribute to form a difeafe ; but the " heat of the fun in the fpring, by increafing a redundance of bile, " and giving it a tendency to putrefaction, brought on more fpeedily " his Lordihip's illnefs." So far Mr. Pafley upon this point ; and we further learn from, him, that he continually attended Lord Pigot the firft part of his illnefs, whilft any danger remained, and that, during the latter part of his illnefs, Mr. Pafley ftaid in the houfe with his Lordfhip. I alib found Mr. Pafley in the houfe after his Lordfhip's deceafe. It may not be amifs 'here to obferve that Mr. Pafley has praetifed upwards of twenty years in this country, fixteen years of which he has been one of the principal furgeons of the eftablifhment. Anderfon. The evidence of Mr. Anderfon is as follows : The purport of his anfwers to the general queftions put to him is, that the paflions and affection's of the mind may fometimes have an effect on the conftitu- 2 tions ( "I ) tions of fuch perfons as are not fo much of philofophers as to have conquered their paffions and affections, but thofe affections are fre- quently produced from the difeafes.of the body. He thinks that the paffions make lefs impreffions on perfonn in ad- vanced life, as they have more reafon and reflection, and have had time for more obfervation of mankind and themfelves. He fays, there is no fort of doubt but great alterations, in refpect to exercife and manner of life, are attended with much rifk. As to his particular knowledge of Lord Pigot's difeafe, he ac- quaints us, that Lord Pigot's difeafe was a bilious and putrid com- plaint, that he thought that Lord Pigot's liver was enlarged, which he could more eafily judge of from Lord Pigot's being much ema- ciated. That hevifited Lord Pigot but twice during his ficknefs at the Mount : that in one of thofe vifits Lord Pigot acquainted him, that he (Lord Pigot) dated his illnefs from having caught cold by drink- ing punch after having heated himfelf in Mr. Monckton's garden, but Mr. Anderfon cannot fay whether this converfation related to the firil or fecond time that Lord Pigot was taken ill. Mr. Anderfon bears teflimony to the general good health of Lord Pigot, and tells us, that Lord Pigot informed him that, whenever he found himfelf a little out of order, his remedy w'as abftinence, and that he never ufecl lo apply to the furgeons tor medicines. This alfo is confirmed by Meflls. Ruflel, Monckton, Stone, and Pailey. In an- fwer to the queftion, whether his Lordfhip's general good health be not a proof that the exercife which he took, before his confinement, agreed with his conftitution, and was of great confequence in pre- ferving his health ? Mr. Anderfon fays, that no doubt it mull have contributed to preferve not only his- health, but his ftrength. I next proceed to the evidence of Mr. Davis. Mr. Davis ob- Davis, ferves, that having never attended Lord Pigot, nor 'been confuhcd (by the furgeons who attended him) on the difeafe of which his Lord- fhip died, he cannot fay what the difeale was, nor any thing certain regarding it. In anfwer to a general queftion, whether a deep fenfe of injury and affront ('if often repeated, and long continued) do not prey upon the mind, and occafion obftinate diforderb ? he fays, that, in his opinion, it does, and that it may fo affect the conftitu- tion as to produce dangerous diforders. That That it is dangerous to tamper with the human paffions, for from the paffions of the mind the human body may be fo affected as to produce the moft violent diforders ; the anfwer to the queftion, whether the effects of the paffions be more eafily produced on perfons in advanced life? he fays, he is of opinion that they are. He bears teflimony to the general good health of Lord Pigot, and fays, we may judge of the benefit which the exercife he took (before his confinement) was to him from the good health he enjoyed. He is of opinion, that anxiety and a peculiar ftrong agitation of mind, from many caufes, may not only fix difeafe and increafe it, but even render it mortal. He fays, that had the circumftances happened to him, which hap- pened to Lord Pigot, they would have fo irritated the paffions of his mind as to produce difagreeable effects on his conftitution. He is of opinion, that all the anxieties and vexations that hap- pened to Lord Pigot, during his confinement, might ferve to injure his Lordfhip's conftitution. Mallet. Mr. Mallet having acted under the directions of Mr. Pafley, dur- ing Lord Pigot's illnefs, his evidence is chiefly to matter of fact, and therefore not neceflary to be taken notice of here. Such parts of the evidence of Mr. Lathom, Sir Edward Hughes, and Mr. Pafley, as corroborate the evidence read to the furgeons I have occafionally referred to, though their evidence was not taken till afterwards. In ftating the above evidence, the Jury will obferve, that I have purpofely confined myfelf to what regards the prefent queftion ; fuch part of the evidence as have a relation to the queftions that may here- after be put, (hall be taken notice of when thofe queftions are pro- pofed. I muft further obferve, that the Jury will do well to con- fider the whole evidence of the furgeons, which I have but imper- fectly abftracted, and in particular that of Mr. Pafley, who appears to have been moft acquainted with Lord Pigot's illnefs. Now, Gen- tlemen, upon this evidence, you will determine whether Lord Pigot's confinement were or were not the caufe of his death. If ( "3 ) If you find that Lord Pigot's confinement, and treatment he met with in that confinement, were not the caufe of his death, your ver- dict will of courfe be, that Lord Pigot died by the vifitation of God in the courfe of nature. If you find that Lord Pigot's confinement, and treatment in that confinement, were the caufe of his death, I have other queftions to propofe which, in my opinion, will facilitate the finding of your final verdict; why, and for what reafon this laft finding verdict, I fhall difcufs, if there be occafion to come to the next queftion. One thing more I have to obferve, that, in my opinion, none of the witnefles have given a fatisfactory account of Lord Pigot's temper, any further than his great referve, which might arife from a delicacy in thofe nearly connected with his Lordfhip. I therefore, Gentlemen, think that there is no impropriety in mentioning what has occurred to me on this fubject; and you, Gentlemen, who have been perfonally acquainted with Lord Pigot, will be able to judge whether my obfervation on Lord Pigot's temper be juft or not. Now, Gentlemen, Lord Pigot always appeared to me to have been naturally a man of what is called a hafty temper, but who had fo far got the better of this natural difpofition, that he could com- mand it when there was occafion : my reafons for thinking fo, are, that I have fometimes obferved Lord Pigot to appear angry upon trivial occafions ; but when his Lordfhip has had great caufe of vexation, I never could obferve any appearance of anger in his Lordfhip, which I always attributed to the command he had obtained over his natural difpofition. III. Gentlemen, In cafe that your determination on the fecond queftion fhould be, That Lord Pigot's confinement was the caufe of his death, 1 propofe to explain to you, why and for what reafon this finding is no verdict, and cannot be received by me as fuch ; and do not doubt of giving yon entire fatisfaction on this head. And firft, Gentlemen, I muft obferve to you that your verdict, like the verdict of other Juries, muft contain fuch a decifion in law, as will either totally acquit and abfolve, or lay fome offence to the charge of others. Now, Gentlemen, the finding that a perfon died in confequence of a confinement, without finding that he fufFered a more ( '"-'4 ) more rigorous treatment in that confinement, than others in fimilar circumftances undergo, or without entering into the legality or ille- gality of his confinement ; fuch a finding neither acquits nor ao cu'fes any one : it implies no breach of the laws of your country, nor does it anfwer the intent of the law in ordering Inquefts on perfons dying in confinement, the intent whereof it is to certify, whether the death of the perfon, who died in confinement, were or were not occafioned by a more rigorous treatment than perfons in fimilar cir- cumftances undergo ; or rather, to certify whether the priforier have or have not fuffered greater hardfhips in his confinement, than the law has authorized for the benefit of fociety. Perfons die daily under confinement, and no doubt their confine- ment is frequently the caufe of their death ; yet if no extraordinary rigours have been exercifed upon them, the law does not confider their death as out of the courfe of nature, provided their confine- ment is legal. For inftance, a debtor in a gaol is deprived of his exercife ; he has, perhaps befides, the anxiety of reflecting that his family, on account of his confinement, are deprived of the benefit of his labour, and thefe circumftances fo operate on his conftitution as to occafion his death ; yet, Gentlemen, you muft all be fenfible that the law, confidering his confinement as legal, does not account his death violent, or out of the courfe of nature, nor is any one called to anfwer for it, pro- vided no unneceflary hardfhips were put upon him. And this confideration naturally leads to the next queftion. Hav- ing, as I hope, convinced you, Gentlemen, that your finding that Lord Pigot's confinement caufed his death, cannot be your final verdidfr, and in that cafe, the next queftion I have to propofe to your confideration is, Whether Lord Pigot's death were or were not occafioned by a more rigorous treatment, during his confinement, than perfons of his Lordfhip's rank and condition ufually experience ? The fubftance of the evidence, with regard to the treatment of Lord Pigot during his confinement, is as follows. R. That his Lordftiip's confinement was at firft more ftrift than fi. E, H, afterwards ; that the firft day after his confinement he was denied 3 the the privilege of fpeaking in private with his friends, but it does not s. appear that this was denied him at any time afterwards, but rather R. the contrary; that in a little time Major Jiorne allowed his Lord- M * fhip to walk to the houfe called General Lawrence's houfe, where M - his family and Mr, Monckton's refided, about a quarter of a mile ?' diftant from Major Home's, and in the gardens of that houfe ; that N. his Lordfhip could alfo walk to the other houfes at the Mount, and D. about the environs, but always accompanied by an officer and one or two artillery men ; that his Lordfhip did not, during the firft part of his confinement, come fo often to the houfe called General Lawrence's, as he did in the latter part, which might in fome de- gree be attributed to his apprehenfions from fome of the Nabob's horfe, ftationed during the firft part of his confinement near Major Home's houfe. The accommodations which Lord Pigot had at Major Horrie's M. houfe, were one room to himfelf, which Mr. Monckton fays was j?* the beft room in the houfe ; that after he fell lick he rud alfo a clo- pj fet or paflage adjoining for the ufe of his fervants, that he had the life of the hall and veranda in common with the family. i It would be fuperfluous in me to be more particular on this head, fince, Gentlemen, all, or the greater part of this Jury, have fre- quently feen Lord Pigot during his confinement, and the manner in which he was treated in their prefence. If, upon the foregoing -evidence, or from your own knowledge, you find that Lord Pigot's death was occafioned by a more rigorous treat- ment than prifoners of his Lordlhip's rank and condition ufually experience, your verdict muft, in that cafe, be wilful murder againfl the perfons who had charge of Lord Pigot's perfon, who treated him with thofe rigours during his confinement : " For if a prifoner by Bum's Juf- ** durefs of the gaoler come to an untimely death, it is murder in the tic e, Page " gaoler, and the law implies malice by reafon of the cruelty." 4 ll It will alfo be neceflary, Gentlemen, that you fpecify the parti- culars of the ill treatment, for they muft be entered on the Inqueft as part of the verdict. And in this cafe, the Jury will ne^xt confider, who are the perfons who, having Lord Pigot's perfon in their cuftody, put thofe hard- fhips upon him. If If you find that Lord Pigot's death was not occafioned by a more rigorous treatment than perfons of his rank and condition ufually experience, you will bring in your verdict, that Lord Pigot died by the viiitation of God, and in the courfe of nature; unlefs you will take upon you to enquire of the legality or illegality of Lord Pigot's confinement. And here, Gentlemen, I would advife you not to be too hafty in declining fuch an enquiry, but to confider maturely, whether it be or be not your duty and province to enquire of this matter ; for, Gentlemen, fhould it hereafter appear that Lord Pigot's death was occafioned by an illegal confinement, and that it was your duty to enquire into the legality or illegality of the confinement, you will no doubt be highly cenfured for declining fuch an enquiry. I have further to obferve to you on this head, that Sir Edward Hughes, Commander in Chief of his majefty's fquadron in India, has informed us, that he did not take upon him to judge of this matter. And alfo, it is well known to fuch of the members of this Jury as a*e Aldermen of the Mayor's Court, and perhaps to others, that the Court of Judicature at Bengal have not taken upon them to determine upon this point, forefeeing that a determination of theirs might pof- fibly be attended with dangerous confequences. Whether thefe authorities, efpecially the latter, ought to have any weight with this Jury, I leave entirely to their confideration, obferv- ving that, in my opinion, the queftion of the legality or illegality of Lord Pigot's confinement, may be difcufled without taking into con- fideration the legality or illegality of the prefent Government, which, in my opinion, is a matter quite foreign to the prefent enquiry, and which the Jury have nothing to do with. I (hall add a queftion which may probably evince the neceflity of the Jury's confidering, whether it be or be not their duty and pro- vince to determine of the legality or illegality of Lord Pigot's con- finement. p J f " " tf a man ky harm, and unkind ufage, put another into fuch a 427. Vd? ' P^ ? of grief or fear, that the party either die fuddenly, or con- ii. Sea. ii. " tract fome difeafe whereof he dies, though this may be murder or " manflaughter in the fight of God, yet in a human judicature it " cannot ( "7 ) " killeth any reafonable creature in being, and under the King's " peace, with malice forethought, either exprefled or implied." . 1 96. " The unlawfulnefs arifes from the killing without warrant or " excufe, and there muft alfo be an actual killing to conftitute mur- " der (for a bare aflault with an intent to kill, is only a great mif- *' demeanor). The killing may be poifoning, ftriking, ftarving, " and a thoufand other forms of death, by which human nature 41 may be overcome." p " If any man does fuch an act of which the probable confequences <{ may be, and eventually is death ; fuch killing may be murder, t{ although no ftroke is ftruck by himfelf ; as was the cafe of the " unnatural fon, who expofed his fick father to the air againft his " will, by reafon whereof he died ; and of the harlot who laid her " child in an orchard, where a kite came and killed it." P i 8 and " ^ke killing muft be committed with malice forethought, to 199. " make it the crime of murder; that is the grand criterion which now " diftinguifhes murder from other killing; and when the malice " prepenfe, malitia prxcogitata, is not fo properly fpite or malevo- ct lence to the deceafed in particular, as an evil defign in general, " the dictates of a wicked, depraved, and malignant heart, un dif- " pofition a fairs un mal chofe ; and it may be either exprefled or " implied in law. Exprefs malice is, when one, with a fedate deli- " berate mind and formed defign, doth kill another; which formed " defign is evidenced by external circumftances difcovering that in- " ward intention.'* P. 200. or do not imply malice according to law. The words are as follows: " As the " laft refource in cafe of an attempt to refcue Lord Pigot, his life " muft anfwer it, and this you will fignify to him." If you find that thefe inftances do not imply malice, your verdict will be manflaughter : If you find that they do, your verdict will be murder. And in either cafe you will next confider who are the per- fons concerned. And in this enquiry you muft be careful to diftinguifh the prin- cipals from the acceffaries, on which fubject I fhall obferve, that all thofe prefent aiding and aflifting in the feizure of Lord Pigot are principals ; and alfo all thofe by whofe orders the faid principals acted, are acceflaries before the fact. For your further information on this head I refer you to the 29th chapter of the fecond book of Haivkins's Pleas oj the Crown, which is of the arraignment of prin- cipal and acceflary. Now it appears from the evidence of Telafinga, R.M. Court, and from the oath of Lord Pigot, on the Records of the Mayor's p 31 *? f Court, that Colonel James Stuart, Captain Arthur Lyfaght, Captain James Eidingtoun (otherwife called Lieutenant-colonel Eidingtoun),. Adjutant General, and certain fepoys, whofe names are not known, acting under the undue influence of the faid Colonel James Stuart, Captain Arthur Lyfaght, and Captain James Eidingtoun, were principals in feizing the perfon of Lord Pigot. Telafinga, indeed, Telafinga, does not bear evidence againfl Captain Eidingtoun; he fays, that the officer who affifted Colonel Stuart and Captain Lyfaght appeared to him to be Mr. Sydenham ; however, Lord Pigot, who muft have known Captain Eidingtoun perfectly, from the public ftation in which he acted, pofitively fwears to his perfon in his oath upon the Q ath Q f Records of the. Mayor's Court, and it is hardly poffible that heihould LordP.got be miftaken. From the fame evidence it appears, that the laid Arthur Arthur Lyfaght, and Matthew Home, Major of artillery, together with certain perfons, officers, and others belonging to the corps of artillery fbtioned at St. Thomas's Mount, acting under the undue influence of the faid Major Home ; alfo certain fepoys acting under the faid undue influence, were principals in retraining and confin- ing the perfon of the faid Lord Pigot, as well at the Company's Garden-houfe as at St. Thomas's Mount aforefaid. It alfo appears from the Records of the Mayor's Court, that the Members of a Court of Appeal, held 24th of December, 1776, acknowledged that Lord Pigot was reftrained and confined by their order in their capa- city of Members of this Government ; alfo thofe perfons whofe names appear to the proclamation laid before you, dated 24th of Auguft, 1776, wherein they call themfelves the only reprefentatives of the Company and Members of the Government of Fort Saint George, and its Dependencies, viz. George Stratton, Sir Robert Fletcher, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jourdan, and George Mackay, acknowledge, in the faid proclama- tion, that Lord Pigot was arrefted by their orders. It alfo appears, M by the evidence of Sir Edward Hughes, Meflrs. Monckton, Ruflel, R. Stone, and Lathom, that Major Home did receive orders from the S. above George Stratton, Sir Robert Fletcher, Henry Brooke, Charles *? Floyer, ArchdalePalmer, Francis Jourdan, and George Mackay, during the confinement of Lord Pigot, and relative to that confinement. VI. Gentlemen, you have brought your verdict, I fubmit it to your confideration, whether it be advifable, in the prefent ftate of affairs, to make it public, whether fuch a publication might not be deemed an attempt to ftir up a mutiny in this garrifon ? Whether it does not become us in particular to be cautious left our verdict become an occafion of ftrife and mifchief, and whether in this particular we ought not to follow the conduct of the Court of Judicature at Bengal ? Whether in the prefent ftate of affairs, and confidering the autho- rity, which I at prefent can exert, can only command voluntary affift- ance, the publication of our verdict will be attended with any good confequences, and what? and whether it is not rather advifable to conceal, as far as is in our power, our verdict, till news fhall arrive from Europe, or, at leaft, till I can have the authority of the Court of ( "7 ) of Judicature at Bengal, to prove that my pretended removal was illegal ? All this I fubmit to your confideration, and will abide by your determination, having no doubt but you will fupport me to the beft of your abilities, in the prudent exercife of my office. And I take this opportunity, Gentlemen, to thank you for your ready attend- ance on my fummons, and your conftant application to the bufinefs of the enquiry. I am, Gentlemen, Your moft obedient Servant, (Signed) G. A. RAM, Coroner. (A true Copy.) WILLIAM SEDGLEY, Clerk of Peace. Ex". C. B. Soil. ( 1*8 ) VERDICT of the Coroner's Inqueft. Town of MADRASPATNAM. Jf. * N Inquifition indented, taken at the Company's Garden-houfe, diftant about a mile from Fort St. George, and /within the dif- trids of the town of Madrafpatnam aforefaid, the I ithDay of May, in the J ;th year of the reign of our Sovereign Lord George the Third, by the grace of God of Great Britain, France, and Ireland, King, De- fender of the Faith, and fo forth ; and in the year of our Lord 1777, before me George Andrew Ram, Coroner of our faid Lord the King for the town and diftrids of Madrafpatnam aforefaid, on the view of the body of the Right Honourable George Lord Pigot, Baron Pigot of Pattifhull in the Kingdom of Ireland, then and there lying dead; and, by adjournment, at the houfe of George Smith, Foreman on the faid Inquifition, in the faid Fort, the i2th, 13th, I4th, I5th, i^th, jyth, i Qth, gift, 26th, ayth, and 3Oth days of the faid month, alfo the 2d, 5th, 6th, gth, I7th, i8th, 26th, and 3Oth days of the month of June in the faid year; alfo the yth, loth, I2th and goth days of July in the faid year; alfo the 5th and yth days of the month of Auguft in the faid year, on the oath of George Smith aforefaid, Andrew Rofs, George Baker, Thomas Powney, Thomas Felling, John De Fries, Robert Ewing, George Tafwell, Alexander Cuthbert, Robert Farquhar, William Parfons, and John Turing, good and lawful men of Madrafpatnam aforefaid, who being fworn and charged to enquire on behalf of our faid Lord the King, when, where, and after what manner, and by what means, the faid George Lord Pigot came to his death, do fay upon their oaths, That George Stratton, Henry Brooke, Charles Floyer, drchdale Palmer, Francis jfourdan, and George Mackay, in the civil fervice of the Englifh Eaft India Company at Madrafpatnam aforefaid, Brigadier-general Sir Robert Fletcher, Colonel James Stuart, Lieutenant-colonel James Eidingtoun, Adjutant-general, Captain Arthur Lyfaght in, the faid Company's fervice at Madrafpatnam aforefaid, not having the fear of God before their eyes,, but being moved and feduced by the in- ftigation of the Devil, on or before the 24th day of Auguft, in the 1 6th year of the reign of our faid Lord the King, with force and arms, amis, within the diftrids of the faid town of Madrafpatnam, againft the faid George Lord Pigot, Governor of the faid Fort St. George and its Dependencies, then and there being in the peace of God and our faid Lord the King, felonioufly, voluntarily, and of their ma- lice forethought did combine and confpire to feize, confine, and keep as a prifoner the faid George Lord Pigot, and to take from him the faid George Lord Pigot the Government of the faid Fort Saint George and its Dependencies, and to place the government of the faid Fort St. George and its Dependencies in the hands of the faid George Stratton ; and that in purfuance of the faid combination and con- fpiracy, the faid Colonel James Stuart did accompany the faid George Lord Pigot in the chaife of the faid George Lord Pigot, on the road between the faid Fort St. George and the faid Garden-houfe, be- tween the hours of feven and eight in the evening of the faid 24th of Auguft, in the year aforefaid ; and that the faid LieutenanN colonel James Eidington, aided and abetted by certain fepoys to the Jurors aforefaid unknown, armed with mufkets and bayonets, the faid chaife then and there did flop, and the faid Colonel fames Stuart, the faid Lieutenant-colonel James Eidington, together with the afore- Captain Arthur Lyfaght, having and holding, in his the faid Arthur Lyfaght's right-hand a piftol, in and upon the faid George Lord Pi- got, then and there being in the chaife aforefaid, in the peace of God, and of our Sovereign Lord the King, did make an aflault, and the faid George Lord Pigot did then and there put in bodily fear, and the faid George Lord Pigot did then and there feize and make a prifoner, and did then and there compel and force the faid George Lord Pigot to quit his the faid George Lord Pigot's chaife aforefaid, and then and there to enter a pod-chariot belonging to Paul Benfield in the faid Company's civil fervice; into which faid poft- chariot the faid Captain Arthur Lyfaght did alfo then and there enter ; and the faid Captain Arthur Lyfaght did then and there take with him the piftol aforefaid, in order to reftrain, confine, and keep a prifoner the faid George Lord Pigot in the faid poft-chariot; and that a ferjeant in the faid Company's fervice, to the Jurors aforefaid as yet unknown, was then and there prefent, aiding and abetting the faid Colonel James Stuart, the faid Lieutenant-colonel James Eidingtoun, and the laid Captain Arthur Lyfaght, in feizing and making a prifoner the laid Geo/ge Lord Pigot, in manner and form aforefaid ; and that the faid poft-chariot was then driven to St. Thomas's Mount, and between the hours of eight and nine in the evening of the faid 241!* of Auguft, in the year aforefaid, did arrive at a houfe at S the ( '30 ) the faid St. Thomas's Mount, belonging to Major Matthew Home, commanding the corps of artillery in the faid Company's fervice, then Rationed at the faid St. Thomas's Mount, and that the faid Captain Arthur Lyfaght then and there did caufe the faid George Lord Pigot to alight from the faid poft-chariot, and him the faid George Lord Pigot did then and there deliver over as a prifoner to the faid Major Matthew Home, and that the faid Major Matthew Home did then and there receive the faid George Lord Pigot as a prifoner : And that the faid Major Matthew Home did then and there himfelf, and by the aid and affiftance of certain officers and foldiers belonging to the faid corps of artillery, then and there acting under the com- mand of him the faid Major Matthew Home, to the Jurors aforefaid as yet unknown, did then and there reftrain, confine, and keep a prifoner, and did caufe to be reftrained, confined, and kept a: pri- foner, the faid George Lord Pigot ; and that the faid Major Matthew Home, not having the fear of God before his eyes, but being moved and feduced by the inftigation of the Devil, felonioufly, voluntarily, and of his malice, fore- thought, himfelf, and by the aid and affift- ance of the faid officers and foldiers unknown, did reftrain, confine, and keep a prifoner, and caufe to be reftrained, confined, and kept a prifoner, the faid George Lord Pigot at the faid St. Thomas's Mount, from the faid 24th of Auguft in the faid year, to the 28th of April in the lyth year of the reign of our faid Lord the King, and from, the faid 28th of April, to the nth of May, in the faid lyth year of our faid Lord the King ; the faid Major Matthew Home, by the aid and affiftance of certain fepoys, to the Jurors aforefaid as yet un- known, and a ferjeant, to the Jurors aforefaid as yet unknown, the faid George Lord Pigot did caufe to be reftrained, confined, and kept a prifoner at the Company's garden-houfe aforefaid; and that imme- diately after the feizure of the faid George Lord Pigot was effected as aforefaid, to wit, the evening of the 24th of Auguft, in the i6th year of the reign of our Lord the King, in purfuance of the com- bination and confpiracy aforefaid, the faid George Stratton, Sir Robert Fletcher, Henry Brooke, Charles Floyer, Archdale Palmer, . Francis Jourdan, and George Makcay, the faid Fort did enter, and did take pofleffion of the faid Fort, and diJ affume the government of the faid Fort St. George and its Dependencies, and did iifue orders,- the faid George Stratton as Governor, and the faid Sir Robert Fletcher, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jourdan, and George Mackay, as Council for the affairs of the faid Company at the faid Fort St. George and its Dependencies, and that i the the faid Colonel James Stuart did return to the faid Fort after tlie feizure of the faid George Lord Pigot, to wit, between the hours of feven and eight in the evening of the 24th of Auguft aforefaid, and did then and there aid, abet, comfort, and maintain the faid George Stratton, Sir Robert Fletcher, Henry Brooke, Charles Floyer, Arch- dale Palmer, Francis Jourdan, and George Mackay, in taking pof- feffion of the faid Fort ; that the faid George Stratton, Sir Robert Fletcher, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jourdan, and George Mackay, did iflue an order to the faid Major Matthew Home, which was received by the faid Major Matthew Home, and by him fhewn to the faid George Lord Pigot, in which faid order were the following words : " As the laft refource, in cafe " of an attempt to refcue Lord Pigot, his life muft anfwer it, and " this you will fignify to him." And that on the 27th day of the faid month of Auguft, in the faid year, at the dead of night, the faid Lieutenant-colonel James Eidingtoun did come with a poft-chariot to the houfe of Major Matthew Home aforefaid, and did inform the faid Major Matthew Home, and the faid George Lord Pigot, he the faid George Lord Pigot then and there being a prifoner, and un- der reftraint and confinement, that he the faid Lieutenant-colonel James Eidingtoun had orders from the Governor and Council, mean- ing thereby the faid George Stratton, the faid Sir Robert Fletcher, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jourdan, and George Mackay, to remove the faid George Lord Pigot from St. Thomas's Mount aforefaid that very night, to wit, the night of the faid 2yth of Auguft ; and that the faid Lieutenant-colonel James Eidingtoun did refufe to fhew the faid orders to the faid George Lord Pigot, and alfo did refufe to inform the faid George Lord Pigot to what place he the faid Lieutenant-colonel James Eidingtoun intended to remove him the faid George Lord Pigot ; and that the faid Major Matthew Home, and the faid Lieutenant-colonel James Eidingtoun, then and there did make an attempt to put into execution the faid orders, againft theconfent and intreaty of the faid George Lord Pigot; and that the faid George Lord Pigot was then and there, by the faid attempt, and by the refufil aforefaid, thrown into a violent agita- tion of mind and body, and did declare that he the faid George Lord Pigot would not be removed alive; and that the faid Lieutenant- colonel James Hdingtoun. arid the faid Major Matthew Home, from the aforeiaid attempt did at length defift; and that, fometime in the moath of October in the faid year, the faid George Lord Pigot, at the faid St, Thomas's Mount, then and there being a prifoner under S 2 the ( '32 ) the faid confinemeat, did receive information, that the faid George Stratton, Sir Robert Fletcher, Henry Brooke, Archdale Palmer, Francis Jourdan, and George Mackay, had an intention of forcing and compelling him the faid George Lord Pigot to go on board fome veflel belonging to the faid Eaft India Company, in order to tranf- port him the faid George Lord Pigot to Europe; and that on or about the 4th day of January, in the 1 7th year of the reign of our faid Lord the King, the faid George Lord Pigot, at St. Thomas's Mount aforefaid, then and there being and continuing a prifoncr under the faid reftraint and confinement, did receive information from Thomas Larkins, commander of the fhip Lionefs, belonging to the faid Eaft India Company, that he the faid Thomas Larkins had been applied to by one of the members of the Council, meaning by the word Council the faid George Stratton, Henry Brooke, Archdale Palmer, Francis Jourdan, George Mackay, and Colonel James Stuart, to carry him the faid George Lord Pigot to England ; and that he the faid Thomas Larkins had been threatened by the perfdns aforefaid, that in cafe he the faid Thomas Larkins did refufe to take him the faid George Lord Pigot on board the faid fhip Lionefs, as a prifoner, and to tranfport him the faid George Lord Pigot to Eng- land as aforefaid, he the faid Thomas Larkins fhould be deprived of the command of the Company's faid fhip Lionefs ; and that the faid George Lord Pigot was then and there under great anxiety and ap- prehenfion on account of the faid intention of tranfporting him the laid George Lord Pigot to England, and the anxiety and apprehen- fion under which the faid George Lord Pigot then and there la- boured had a vifible and apparent effect on the fpirits and behaviour of the faid George Lord Pigot ; and that the faid apprehenfions in the faid George Lord Pigot of being tranfported to Europe was never entirely removed from the mind of the faid George Lord ! Pigot; and that the faid George Lord Pigot did frequently declare, that he the faid George Lord Pigot would not be forcibly removed from the faid St. Thomas's Mount whilft he had life ; and that he the faid George Lord Pigot was, by means of the reflraint, confine- ment, and imprifonment aforefaid, deprived of a great part of that- exercife which before the faid confinement he the faid George Lord Pigot ufually took, and alfo of thofe occupations and employments to which he the faid George Lord Pigot before his faid confinement was accuftomed ; and that the faid confinement of the faid George Lord Pigot, together with all the circumftances of the faid confine- ment, did fo operate on the mind and body of the faid George Lord Pigot, ( '33 ) Pigot, as lo occafion a difeafe in the liver of the faid George Lord Pigot, the confequence of which difeafe in the liver of the faid George Lord Pigot was a putrid bilious fever and flux, the fymptoms of which fever and flux on the body of the faid George Lord Pigot were firft apparent about the 8th of March in the faid year ; and that the faid George Lord Pigot being of a good conftitudon did in fome degree recover from the faid putrid bilious fever and flux towards the latter end of the faid month of March, but the faid difeafe in the liver of the faid George Lord Pigot ftill fubfifting, and the faid George Lord Pigot ftill remaining a prifoner under the faid confine- ment did, about the beginning of April in the faid year, fuffer a re- lapfe, and did again labour under a putrid bilious fever and flux as before, from which time, to wit, from the beginning of April afore- faid to the 28th of the faid month, the faid George Lord Pigot did 1 languifh, and languifhing did live a prifoner in the faid confinement at St. Thomas's Mount aforefaid ; that the faid Major Matthew Home, with the confent of the faid George Lord Pigot, and by the advice of Gilbert Pafley the furgeon who attended the faid George Lord Pigot during his the faid George Lord Pigot's faid difeafe, did caufe the faid George Lord Pigot to be removed from his the faid Major Matthew Home's houfe at St. Thomas's Mount aforefaid to the faid Company's Garden-houfe the faid sBth of April for the benefit of the fea air ; that on the road between the faid St. Thomas's Mount and the faid Garden-houfe the faid George Lord Pigot was not con- fined or reftrained by any military guard, as- he the faid George Lord Pigot before, to wit, from the 241!! of Auguft in the i6th year of the reign of our faid Lord the King to the faid 2 8th of April, had conftantly been guarded, confined, and reftrained ; and that, on the faid 28th day of April, the faid George Stratton, Henry Brooke, Archdale Palmer, Francis Jourdan, and George Mackay, did give orders to the faid Major Matthew Home ftill to take charge of the perfon of the faid George Lord Pigot, and him the faid George Lord Pigot to imprifon, confine, and reftrain at the faid Company's Garucii-houfe as he the faid George Lord Pigot had been confined, reftrained, and kept a prifoner at St. Thomas's Mount aforefaid; and that they the faid George Stratton, Henry Brooke, Archdale Palmer, Francis Jourdan, and George Mackay, did put under the command of the laid Major Matthew Home certain fepoys, to the Jurors aforefaid as yet unknown, and a ferjeant, to the Jurors aforefaid, as yet unknown, to be a guard over the faid George Lord] ( '34 ) ! Lord Pigot, for the purpofe of confining and reftraining the faid George Lord Pigot at the Garden-houfe aforefaid ; and that on the faid 28th of April, and before the faid orders relative to the confining and reftraining the faid George Lord Pigot at the faid Garden- houfe were given to the faid Major Matthew Home, by the faid George Stratton, Henry Brooke, Archdale Palmer, Francis Jour- dan, and George Mackay, Gilbert Pafley the furgeon who at- tended the faid George Lord Pigot, during his the faid George Lord Pigot's faid illnefs, did reprefent to the faid George Stratton, then about to confult with the faid Henry Brooke, Archdale Palmer, Francis Jourdan, and George Mackay, touching the pla- cing of a guard for the purpofe of confining and reftraining the faid George Lord Pigot at the faid Garden-houfe, that if it fhould come to the knowledge of the faid George Lord Pigot, that a guard was placed at the faid Garden-houfe, for the purpofe be- fore mentioned, it would irritate the difeafe under which the faid George Lord Pigot then and there laboured ; that the faid George Lord Pigot, from the faid 28th of April, until the faid iith of May, did languifh, and languishing did live, on which nth day of May in the year aforefaid, in the Garden-houfe aforefaid, with- in the diftricl: of Madrafpatnam aforefaid, under the confinement and .reftraint aforefaid, of the faid difeafe produced and occafioned as aforefaid, he the faid George Lord Pigot did die; and fo the jurors aforefaid, on their oaths aforefaid, fay, That the faid George Stratton^ Sir Robert Fletcher, Henry Brooke, Charles Floyer^ Archdale Palmer, Francis Jour dan, George Mackay y James Stuart* James Eidingtomi, Arthur Lyfaght and Mattheiv Home, the faid George Lord Pigot, in manner and by the means aforefaid feloni- oufly, voluntarily, and of their malice forethought, did kill and murder, againft the peace of our faid Lord and King his crown and dignity ; and the Jurors aforefaid, on their oaths aforefaid, fay, that the faid fi r ft-meutioned ferjeant, to the Jurors aforefaid as yet un- known, the faid fr-ft-mentioned fepoys, to the Jurors aforefaid as yet unknown, and 'the faid officers and foldiers, belonging to the corps of artillery , to the faid Jurors as yet unknown; alfo another ferje ant and other fepoys ftationed at the faid Garden-houfe, to the Jurors aforefaid as yet unknown, were at divers times prefent, aiding, abetting, affifting, and maintaining the faid George Stratton, Sir Robert Fletcher, Henry Brooke, Charles Floyer, Archdale Pal- mer, Francis Jourdan, George Mackay, James Stuart, James Eiding- toun, Arthur Lyfaght, and Matthew Home, to do and commit the felony ( '35 ) felony and murder aforefaid, againft the peace of our faid Lord the King his crown and dignity. In witnefs whereof, as well the aforefaid Coroner as the Jurors aforefaid, have to this Inquifition put their hands and feals, the 7th day of Auguft, in the ijth year of the reign of our faid Lord the King, and in the year of our Lord 1777. (Signed) GEORGE SMITH, Foreman. (L. S.) ANDREW Ross. (L. S.) GEORGE BAKER. (L. S.) THOMAS POWNEY. (L. S.) THOMAS FELLING., (L. S.) (Signed) G. A. RAM, (L, S.) JOHN DE FRIES, (L. S.) Coroner. ROBERT EWING. (L. S.) GEORGE TASWELL. (L. S.) ALEXANDER CUTHBERT. (L. S.) 'i ROBERT FAROJJHAR. (L. S.) WILLIAM PARSONS. (L. S.) JOHN TURING. (L. .S..); (A true Copy.) WILLIAM SEDG LEY, Clerk of the Peace. 136 70 George Andrew Ram, Efq- Coroner of the Town of MadraJJpatnam. SIR, Having, on your expofition of the law, figned to the verdil given by the majority of the Jury on an Inqueft held on the body of the late Right Honourable i ord Pigot, and being of a contrary opinion myfelf, I therefore judge it neceflary to declare my fentiments, re- quefting you will lay this letter before the Judges at the fame time with the verdicl. The only queftion in which we were unanimous was, that Lord Pigot died in confinement, the reftraint under which he was kept, not being fufficiently, properly, nor regularly removed. To the fecond queftion, whether the confinement of Lord Pigot, all circumftances confidered, was or was not the caufe of his death ? I was the only one that voted in the negative, that it was not the caufe of his death ; for I could not determine within myfelf, taking all the attending circumftances together, to fay, that the confine- ment was abfolutely the caufe of his death; and from the difficulty which I laboured under J conceived that it would have been more con- fiftent in this particular cafe to have given a fpecial verdicl, fub- mitting it to the Judges to be determined upon, but the motion be- ing over-ruled, it flood as firft propofed. The third queftion being to fix on the fat, as before determined, the degree of criminality it incurred by law ; the Jury were divided equally between manflaughter and murder, until on reconfideration two of the members receded from the former opinion, which made the majority of opinion to be murder, on which the prefent verdict is founded ; and as I was one of thofe who faid it amounted only to manflaughter, I am defirous that my opinion may be recorded. I am, Sir, Fort St. George, Your moft obedient Servant, 8th Auguit, 1777. /c . ,, (Signed) JOHN DE FRIES. (A true Copy.) WM. SEDGLEY, Clerk of Peace. C. B. Soil. SIR, ( 137 ) SIR, Touching the inquiry concerning the death of Lord Pigot, I need not inform you, that I believed the feizure, imprifonment, and treat- ment therein, to be the caufe of his death ; and that I alfo believed the feizure and imprifonment to be a falfe and illegal feizure and imprifonment, but I found myfelf incompetent to pronounce farther, and therefore refufed at fir ft to fign the verdict, becaufe figning a record upon oath, without conviction of mind, feemed repugnant to reafon and common fenfe. However, fubmitting at length to your decifion and judgment, and to the fenfe of Eleven of the Jury on the queftion, whether it was or was not my duty by law to fign the verdict of the majority, I fubfcribed my name. Now leaft I may have done more than is warranted by any autho- rity, I am neceffitated to avail myfelf of the condition of my fign- ing, by requefting, that the reafon why I fubfcribed as mentioned above may always accompany the verdicl. Fort St. George, I am, Sir, 6th September, i 777 . Your moft obedient humble Servant, (Signed) ROBERT EWING. To George Andrew Ram, Coroner for the Town of Madrafpatnam. (A true Copy.) WM. SEDGLEY, Clerk of Peace. x<*. C. B. Soil. S I R, The hurry I have been in For thefe two days paft has not af- forded me time till now to acquaint you, that upon mature re- flection on the paffage in the book I have of the office of Coroner as follows : " If it happens the Jury do not agree but divide, you ** are then to collect their voices, beginning with the laft in the *' Pannel, and rifing upwards to the Foreman, whereby the Fore- man declares his opinion laft; you then colled the numbers, and declare the majority, into which the minority finks, and the ver- diet or finding which is given by the Foreman is, from neceflity, as x 4ito major is partis jurat or urn taken and confidered as T the fc ( '38 ) *' the verdid of all." Alfo the opinion of Council had from Ben- gal ; It appeared to me improper to comply with your requeft of delivering in the letter you thought proper to addrefs to me, and which was given to me in prefence of the reft of the Jury, the beginning of this month, fince I confider it as my duty to deliver the verdict of the Jury, without taking notice of the opinion of any particular member who happened to differ from the majority. I have only further to inform you, that I fhall take the greateft care of the letter, if ever you fhould have occafion to call upon me for it. I am, Sir, your moft obedient humble fervant, September 26, 1777. (Signed) GEORGE ANDREW RAM, Coroner. To Mr. De Fries. The like letter was written to Mr. Ewing-. (A true Copy.) Ex d . C. B. Soil WM. SEDGLEY, Clerk of Peace. ( * 137 ) \The foregoing Proceedings, as appears by tie Diary, were few, on the 2^th and recorded as his acl: and deed. And your Petitioner, as in duty bound, fhall ever pray. (Signed) JAMES STUART. (A true Copy) By order of Court, WM. SEDGLEY, Clerk of the Peace. ( 143 ) At aCOURT of SESSIONS. JUSTICES PRESENT. JOHN WHITER ILL, Efq. Chairman, ANTHONY SADLIER, and QUINTIN CRAUFURD, Efqrs. THE Court opened. Sheriff returns his precepts. Chairman delivers the following paper to the Clerk of the Peace, who reads it to the Court. " CONSIDERING it as one of the many important duties of a Judge to facilitate and forward the courfe of juftice, the Gentlemen on the bench were determined to have proceeded on the bufinefs of the pre- fent feffions without adjournment or delay from them ; but by the verdict of an Inqueft, and fundry informations, that have come be- fore us, relative to the death or murder of the late Right Honourable Lord Pigot, we have found the fubjet of fo uncommon and extra- ordinary a nature, that we wifti to proceed in it with the utmoft circumfpection we can obferve, left, by any error in the proceedings,, the guilty fhould be fcreened from juftice, or the innocent expofed to danger. We have therefore refolved to apply to the Judges of the High Court of Judicature at Fort-William, for their opinion and advice ; in fo doing, we are well perfuaded we fliall meet the views and wi(hes of every honeft and difpaffionate man, which in the moft rigid minds fhould only be, that juftice fhould be obtained, and not eluded. Befides the fatisfaction we fhall feel by proceeding with advice of fo great authority, we have alfo the pleafing expectation, that but very little time may be loft in obtaining it ; for the late animofities in this Settlement having, more or lefs, engaged and affeded the greater part of its fmall fociety, the nature and dignity of juftice requires that as many as poffible fhould be fummoned for the Juries, as were remote from the fcene of diflention: however great confidence we may have in men ourfelves, and however im- partial they may really be, we think this much is due to the opi- nion of the world, particularly to thofe who, by a diftant fituation L from! from tliis foclety, have not the means, as we have, of knowing the chara&ers that compofe it. For this pupofe we fhall recommend to the Sheriff to iffiie his fummons to the gentlemen at the fubordinate factories, and thefe, with the perfons who have been already fum- moned, and any ftrangers that may afterwards be found, we hope will fully provide againft every accident. *' We underftand much has been faid on the propriety of removing this matter to England, but we think whoever fuggefted fuch a mea- fure, could not have fully attended to all its certain and probable confe- quences. It is at prefent before this Court ; feveral perfons are bound over to profecute, and we believe the only method by which it can now be removed, is by Writ of Cert tor art from his Majefty's Court of King's Bench at Wefttninfter. To obtain this Writ would probably require a year ; to fend home witnefles and others, in con- fequence of it, would require feveral months more ; in the courfe of fuch a period, material and important evidence, as well for the crown, as thofe accufed, might be loft : the expence would be enor- mous, and the difficulties and delays in other inftances might be fuch as to fruftrate the end of removing it. *' As we obferve that many of the Gentlemen who fat on the Grand Jury of yefterday are now in the court, we take this opportunity to inform them, that the difficulties which have induced us to adjourn the prefent feffions were then under confideration, and therefore that we could not anfwer the -queftion propofed to the Clerk, Whe- ther they would immediately proceed to bufinefs in the prefent feflions, and whether the fame Grand Jury would again be called cm ? The queftion from the Jury to the Bench was indeed highly irregular, but we were attentive to the particular circumftances from whence it arofe, and being thoroughly imprefled with a fenfe of the ineftimable value and important duties of a Grand Jury, and with the nature and tendency of their oath, we were willing, and indeed deiirous, of fatisfying them fo far as was then in our power." Court adjourned till Wednefday 1 2th of November. (A true Copy.) By order of Court. WM. SEDGLEY, Clerk of Peace. ( 145 ) [The Court being adjourned to the 12th 'on the Second Day of O6lober, in the Tear 1777. * THIS Informant being duly fworn, and examined, depofeth, and faith, He hath been acquainted with the Right Honour- able Lord Pigot from the year 1764; that upon Saturday night, the 24th of Auguft 1776, he fupped at the houfe of George Mackay, Efq; where he was informed that Lord Pigot had juft then been feized ; that he immediately repaired to the Company's Garden- houfe, where he faw Meflrs. Ruflel and Monckton, who confirmed the news, and informed him, that Lord Pigot was carried to the Mount. As foon as it was day-light next morning, this Deponent went to the Mount, where he faw Lord Pigot in the houfe of Ma- jor Home, walking to and fro in the hall in his ufual manner. Some little time after this Deponent had entered into converfation with his Lordfhip, he was told by Major Home, that he (Major Home) was forry to interrupt this Deponent, but that his orders were not to permit any communication with his Lordfhip, but in hrs (Major Home's) prefence ; upon which this Deponent defifted : in about three hours after, this Deponent returned to his own houfe U at at St. Thome. About three days afterwards, between the hours of two and three in the morning, Mr. Ruflel and Mr. Dalrymple came to this Deponent's houfe, to inform this Deponent, that aa attempt had that night been made to remove Lord Pigot, and defi- ring this Deponent to prevent it. That this Deponent came to the Fort before day-light, when Mr. Stratton affured this Deponent, that no farther attempt fhould be made to remove his Lordmip, if the Gentlemen at the Mount made no difturbance, of which this Deponent informed Lord Pigot in a few hours. That his Lordfliip anfwered, He had no terms to make with thefe Gentlemen, but that he claimed the protection of the King's flag, by Major Home's being ordered to give him fafe-condut to the Fort, or to the King's fhip. In confequence this Deponent wrote by his fecretary to the Gentlemen in the Fort, which was not immediately anfwered, but* Mr. Stratton fignified to this Deponent, by his fecretary, that his Lordfliip fhould not be removed without this Deponent's being pre- vioufly acquainted thereof. Upon this Deponent's communicating the above to Major Home, he declared that all the troops in the Carnatic fhould not remove his Lordfhip, without this Deponent's knowledge. On the i5th of October, this Deponent failed for Trincomallee, from which place he returned on the i6th of January, when he heard that the fending home Lord Pigot in the Lionefs, had been debated in Council, but that it had been determined in the negative; upon which this Deponent, either on ^hat day, or the next, afked his Lordfhip, If he was fatisfied on this fubjecl:. His anfwer was, " That they had determined not to fend him home in^ " this fliip," (meaning the Lionefs). This Deponent added, " That " as he was now arrived, there was the further fecurity that he could: " not be removed without this Deponent's previous knowledge;'' at which his Lordmip feemed fatisfied. This Deponent frequently vifited Lord Pigot afterwards, and he appeared in good health and fpirits, and on the Monday, in the week on which Lord Pigot was attacked with illnefs, this Deponent faw his Lordfhip in. the. garden, at the houfe of Mr. Monckton at the Mount, in company with Mr. Stone ; whe-n this deponent obferved to Mr. Stone, that it was too hot to remain in the garden, and expreffed his fear that it might injure his Lordfhip. Mr. Stone anfwered, " That. " his Lordfliip was ufed to it.'* This Deponent obferved, " That 44 there was a difference between this time and twenty years ago 5 ** and the old proverb, that the bucket never went fo often to the who anfwered, " That uejlion from the Court. Whether this Deponent has heard of the verdid of the Inqueft, and of the perfons charged thereon ? This Deponent has heard that the verdicT: was wilful murder againft the Gentlemen in the late adminiftration. , Mr. Bromley, as Solicitor for thofe Gentlemen, defires to put the following queftions. Queftion. When this Deponent faw his Lordfhip the next morning after his arreft, whether his Lordfhip appeared irritated, or in fear, or how was he agitated; or did he appear as ufual when in the Fort ? Anfwer. Quite as ufual, till the attempt to move him. n. Did his Lordmip make any complaint of the reception from Major Home ? Anfwer. No, there feemed to be the greateft civility 'between them. ^uejllon. You faw his Lordmip after the attempt to remove him from the Mount; did he appear agitated by fear, or irritated, ap- pearing to be in a paflion, or otherwife ? Anfwer. Much agitated, much difpleafed. lion. How, foon after did ;his Lordfhip recover his ufiial fpirits ? Anfwer. He feemed to be quieter In his mind in three or four days, during which time this Deponent did not leave him. ^iiejlwn. Did he appear tranquil, calm, cool, and difpaflionate ? Anfwer. Yes. ^ueftion. How long time did he continue to be fo, to the beft of this Deponent's knowledge and remembrance ? Anfwer. To the time of this Deponent's departure to Trincomal- lee, which was the i^th of October. Queftiov. From the firft day you faw his Lordfhip at the Mount, to the day of your departure for Trincomallee, did you ever hear his Lord (hip complain of any violence from Major Home or any of his family towards his Lordmip, or any difrefpect from the day of his arreft to your departure for Trincomallee,? Anfwer. No. Quejlion. At the feveral times you faw his Lordmip at the Mount, tell the nature of the reflraint under which you law Lord Pigot, with its circumftances ? Anfwer. Attended by an officer, otherwife at liberty, in the gar- dens and about the Mount. Quejlwn. Have you not heard that his Lordfhip went on parties of pleafure from the Mount ? No, I never heard but once, when his Lordfhip I heard intended going to the Cave in a chariot with Major Home. ^ueflion. From the day of your arrival from Trincomallee to the day when his Lordfhip was removed from the Mount, did his Lord- Ihip complain of any want of refpecT: or attention from Major Home and his family, or from any of the officers doing duty at the Mount, or was he in want of any affiftance that he required ? Anfwer. Not to me, or to any perfon to my knowledge. Queftion. Do you remember in what manner his Lordfhip amufed himfelf at .the Mount ? Anfwer. It feemed to me by giving directions in the garden, walking, reading, writing, playing billiards, &c. n. At what hour of the day have you feen him in the: garden ? . Anfwer. In the morning, generally towards noon^ when I was at the Mount, which was generally once and fometimes twice a. week. n. Was you with his Lordfliip in any of his walks ? Anfivcr. Yes, often- Quejlion. Did you ever leave his Lordfhip, and for what caufe or apprehenfion ? I. left him two or three times becaufe it was very warm. >ueftion. His Lordfhip being ill at the Mount, by whofe order was his family refufed admittance? Anfwer. I do not know of any fuch thing. Queftion. Do you remember the number of the Nabob's horfe that were at the Mount ? Anfvaer, Anfwer. \ think there were twenty the fir ft day, after which -there appeared fometimes more or lefs. <%ueftion. What reafon was afligned for their being placed there ? Anfwer. Upon my Lord's complaining to me of the circumftance, -and my reprefentation to the Gentlemen in the Fort, their anfwer was, That they had been placed there at firft to carry meflages, and were immediately removed, Quejlions from the Court. Whether, after Lord Pigot's firft illnefs this Deponent has not heard, that his Lordmip was directed by Dr. Pafley to take foine re- medies for the liver, and whether Mr. Pafley did not inform his Lordmip that his diforder originated in his liver ; and whether his Lordmip did not refufe or neglect the remedies propofed ? Anfwer. I cannot anfwer to that, as I never heard it before his Lordfhip's death, though I have fince. . Did his Lordmip during his confinement expofe him- felf to the fun, heat, or cold, in fuch manner as to endanger his health ? Anfwer. In my confcience I really think he did. Queftion. Do you imagine that the diforder of which Lord Pigot died was occaiioned by his imprifonment, or do you rather imagine it came on naturally, or was produced by his own imprudence ? Anfwer. His Lordfhip's time of life confidered, and the fre- quency of his Lordfhip's ftanding in the fun (which I am informed his Lordmip did, and have been told is much more prejudicial and likely to produce bile than moving in the fun), was, in my opinion, moft probably the caufe of his Lorddiip's death. Before this Deponent clofeth his evidence, he defires it may be minuted, that on mentioning, to Mr. Stratton his Lordfliip's doubts of being fent home, Mr. Stratton told this Deponent, that his note to Major Home, carefully attended to, mufl, in every refped, fa- tisfy tlsfy his Lordfhip ; and declared further to this Deponent, he would refign the chair, rather than confent to fuch a meafure. (Signed) EDW. HUGHES. Sworn the 2d day of Odober, 1777, in the feventeenth year of the reign of our Sovereign Lord George, King of Great Britain, &c. be- fore us, JOHN WHITEHILL, ANTH. SADLIER, Qu. CRAUFURD. (A true Copy) WM. SEDGLEY, Clerk of Peace. ( '54 ) *Town of MADRASPATNAM. Jfl The INFORMATION of Mr. Edward L'Epine, Secretary to Commodore Sir Edward Hughes, Commander in Chief of his Majeftys Squadron^ taken upon Oath Be- fore JohnWhitehill, Efq. Chief Juft ice ^ Anthony Sadlier, and Quintin Craufurd, Efqrs. Juftices of his Majeftys Court of Oyer and Ter miner ^ and Gaol Delivery for the. faidTown^ on the Application ^ George Stratton, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jour- dan, George Mackay, and James Stuart, by their Solid-- tor Mr. Charles Bromley. Informant, on his oath, faith, That on or about the * of Auguft, 1776, the day after the feizure of Lord Pigot, Sir Edward Hughes thought proper to wait on Lord Pigot at the Mount, whom he knew the day before had been Governor. This Inform- ant accompanied Sir Edward Hughes to the Mount by his ordersi They found Lord Pigot walking in the veranda of Major Home's houfe at the Mount, in company with fome gentlemen and officers. There was a guard at the gate, and Gentries in the infide of the gate. Sir Edward Hughes had a good deal of converfation with his Lord* fhip, who walked about the houfe at his pleafure. The Commodore returned to his houfe at St. Thome. A day or two after Mr. Dal- rymple and, he believes, Mr. Ruflel, came to the Commodore's houfe in the night. Hearing feveral perfons, this Informant went into the room. He found that they had brought a paper figned by thofe Gentlemen of Council who had fided with Lord Pigot, and, to the beft of his remembrance, by Mr. Monckton. This paper fet forth, that an attempt had been made to remove Lord Pigot from the Mount by Lieutenant-colonel Eidingtoun that night, but that his Lordfhip had at length prevailed on Lieutenant-colonel Eidingtoun to defift. Thofe Gentlemen applied to Sir Edward Hughes to inter- pofe that his Lordlhip Jhould not be removed without his confent. 3 The ( 55 ) The Commodore, upon this, dreffed himfelf, and went immediately to the Fort. This Informant accompanied him. They arrived at the Fort before the gates were open. Whilft waiting at the gate, Lieutenant-colonel Eidingtoun arrived. The Commodore went di- rectly to the Fort-houfe as foon as the gates were open. This In- formant accompanied him. Colonel James Stuart arrived at the Fort-houfe about the fame time. The Commodore had a eonverfa- tion with Colonel James Stuart and Mr. George Stratton. This In- formant was not prefent during the whole converfation, but he un- derftood from the Commodore that the refult was, that a flop fhould be put to the removal of Lord Pigot from the Mount for that time. The Commodore then went to the Mount. This Informant accom- panied him. He found Lord Pigot in the veranda of Major Home's houfe, very much agitated at what had paffed the preceding night, and giving a narrative of it to the gentlemen that were prefent. Among other things he faid, that he had requefted (if he was to be moved) either to have fafe-condud\ to the Commodore's fhip, or to his own Fort (thefe were his words]; he added, " That he would try " fome one (this Informant does not recollect who it was) by a uejlion. Whether this Informant knows of any letter addrefTed to the Secretary, touching a defign to tranfport his Lordfhip to Eng- land on board the Lionefs ? Anfwer. This Informant did fee a paper, figned by a number of gentlemen, relative to fuch a defign. ^uejlion. Did this Informant receive any letter from Lord Pigot's friends in relation to fuch a defign ? Anfwer. He does not at prefent recoiled any fuch letter. ion. Does this Informant know, or has he heard, that the Nabob interfered on this occafion ? Anfwer. Mr. Macpherfon told this Informant, that the Nabob had faid, that if fuch an attempt was made, he (the Nabob) would quit the place. This Informant underftood that Mr. Macpherfon was in the Nabob's confidence. This Informant has allb heard it 8 ( '57 ) reported, that Umeer Ull Omrah, fecond fon to the Nabob, con- veyed his father's fentiments on this head to the Gentlemen in the Adminiftration, who (as this Informant has heard) did there- upon defift. Qucjlion. Whether this Informant, in his vifits to the Mount,. made any obfervations on Lord Pigot's health ? Anfwer. Lord Pigot appeared to be much the fame as to his deportment. This Deponent doth not recollect that Lord Pigot ever fpoke to him on bufinefs during the Commodore's abfence. ^ueflion. Doth this Informant recoiled: having heard any thing of a converfation between Mr. Monckton and Sir Edward Hughes, relative to Lord Pigot's being recommitted to a guard, after his re- moval to the Company's Garden-houfe ? Anfisoer. This Informant has heard the Commodore fpeak of fuch a converfation, and he thinks he heard Mr. Monckton fay to the Commodore, at the Garden-houfe, that Lord Pigot was not in a condition to be made acquainted whether there was a guard, or no. . Whether this Informant knows any thing of a conver- fation that pafled between Sir Edward Hughes and Mr. Stratton, wherein the latter exprefled a defire to attend the funeral of Lord Pigot ? Anfwer. This Informant has heard from Sir Edward Hughes that Mr. Stratton exprefled great forrow on occafion of the death of Lord Pigot, and faid, he wiihed ihe Commodore could fo fettle it, that he (Mr. Stratton) might, with propriety, attend the funeral, either as chief mourner, or in any other way. ^ueflion. If this Informant knows whether this converfation be- tween Mr. Stratton and Sir Edward Hughes pafled before or after Lord Pigot's death ? Anfwer. This Informant doth not perfectly recollect, but he believes it was after Lord Pigot's death. ( 158 ) ^ueftion. Whether this Informant has not reafon to think that Sir Edward Hughes knew of the intended feizure of the fort before it happened ? Anfwer* This Informant has not. Quejlions by the Solicitor for the Pr if oners* Whether, during the time of this Informant's vifiting Lord Pigot at the Mount, he obferved any incivility or difrefpet on the part of Major Home and his family, or any of the officers doing duty at the Mount ? Anfwer. On the contrary, he obferved the utmoft politenefs and attention paid to his Lordlhip by Major Home and his family, and the officers likewife. Sjuejlion. Did this Informant ever hear Lord Pigot make any complaint of Major Home and his family ? Anfwer. He never did. He has heard Major Home aflfure Sir Edward Hughes that his Lordfhip fhould be treated with every mark of refped and attention due to his Lordfhip's rank. ^ueflion. Does this Informant know of any military honour paid to Lord Pigot at the Mount ? Anfwer. He has heard that Lord Pigot had a guard turned out to him, and that the centinels ufed to reft when Lord Pigot pafled. ^ueflion. Does this Informant know in what manner Lord Pigot pafled his time at the Mount ? Anfiver. This Informant has feen Lord Pigot in Major Home's houfe, and walking in his garden. He remembers two or three times in particular, while this Informant has been attending the Commo- dore, and the Commodore has been in converfation with Lord Pigot, who kept off his hat; that the fun was fo hot as to oblige this In- formant to go into the fhade, although his Lordfliip appeared to be to- tally regardlefs of the heat of the fun. This Informant has frequently heard the Commodore fay, that he was afraid fome bad confequences would attend his Lordfliip's being fo carelefs of himfelf, and he made ufe ( '59 ) ufe of the proverb, The pitcher never goes fo often to the well, &c. This Informant was of the fame opinion. Queftion. Does this Informant remember any one time that re- ports came to the Mount of black cavalry of the Nabob's coming to feize his Lordmip, and by whom might the reports be made, and how did his Lordmip receive them, and what did he fay, and to whom, and what did fuch report turn out to be I Anfiver. This Informant was at the Mount two or three days after his Lordmip was feized. There was an alarm at Major Home's houfe that there was a large party of the Nabob's horfe on the plain CQming towards the Mount, and every body feemed to be in con- fuiion on the occafion. Major Home ordered the foldiers to their arms, and ordered two field-pieces to be drawn out. Somebody took a glafs, went to an eminence, and word came immediately that it was only a drove of buffaloes.. ^ufflions by the Clerk of the Peace. Whether this Informant did not fee a party of the Nabob's cavalry ufually pofted by Major Home's houfe Anjksoer. He has feen about a dozen. >ueftions by the Solicitor Jor the Prifoners. Does this Informant know for what purpofe thofe cavalry were- 1 pofted ? Upon Lord Prgot's expreiling his diffatisfaclion in a letter to Sir Edward Hughes, about the time of his departure for Trinco- mallee, this Informant underftood that the Gentlemen in the admi- niftration afligned as a reafon for the cavalry being pofted there, that they might be lent on meflages, but that they mould be immediately difmifled, which was accordingly done. This Informant recollects that Lord Pigot, in his letter to the Commodore, fays, that if horfe were neceflary as a guard over him, whether it would not be m e proper that the Company's horle Ihould be employed, and men- tioning as a reafon, that he had been ufed to exercife ; and he fays, in the fame letter, that thank God he was in tolerable good health, coniidering his confinement, or fomething to that purpoie. ( 1*0 ) 0>ueJ}ton. Does this Informant imagine that the diforder of which Lord Pigot died was occafioned by his imprifonment, or do you imagine it came on naturally, or was produced by imprudence ? j4nfwer. This Informant fays that he cannot pretend to judge. n. Whether, after Lord Pigot's firft illnefs, this Informant has not heard that his Lordfhip was directed by Doctor Pafley to take fome medicines for a diforder in the liver, and whether he has not heard that Mr. Pafley did inform his Lordmip that his diforder originated in the liver, and whether he has not heard that his Lord- did refufe, or neglect, to take the medicines propofed ? Anfiver. This Informant only heard, in general terms, that^is Lordfliip's diforder was a bad bilious diforder, neglected at firft; IVlr. Pafley having faid, in this Informant's hearing, *' If I had been ueftion. Whether this Informant knows if Lord Pigot was ac- cuftomed to be much in the fun, previous to his confinement? dnfwer. This Informant hears that his Lordmip was always accuftomed to be much in the fun. (Signed) EDWARD L J PINE. Sworn the 4th day of October, in the feven- teenth year of the reign of King George the Third, and in the year of our Lord 1777, before us, JOHN WHITEHILL, ANTH. SADLIER, Qu. CRAUFURD* (A true Copy) WM. SEDGLEY, Clerk of Peace* (On thefe examinations being taken, the prifoners were admitted to bail.) To the Honourable John Whitehall, Efq. &c Jiffices ofOyer and Ter- miner and General Gaol Delivery for the Town of Madrafpatnam and its Diftrifts. Honourable Sir, and Sirs, npHE difagreeable fituation in which we find ourfelves placed in- * duces us again to addrefs you on the fubjeft which gave rife thereto. At the meeting of the late Quarter Seflions of Oyer and Ter- miner and Gaol Delivery, holden on Tuefday the 3oth day of September, we prefented, through our Council, a petition to the Honourable Bench in open Court, and we muft now take the liberty to tranfmit to your Honour, &c. our exceptions at large, to the aflembly held by the fummons of George Andrew Ram, in quality of Coroner ; and which aflembly has, by him and other perfons compofing the fame, been called a Coroner's Inquiiition. Thefe ex- ceptions were prepared to be laid before the Court upon the opening of the prefent Seflions on the firft inftant, when we naturally ex- pected to be brought to trial, anxious, as we profefled ourfelves to be, to have proven to the world our innocence, and the malevolence of the accufation brought againft us, or to have met the punimment due by law to the horrid crime of wilful murder, if that charge had been fupported ; but the further procefs of this matter was ad- journed to the 1 2th of November next. Men, fituated as we are, and confcious of no guilt, muft ever feel tmbarraffed and uneafy whilft the fmalleft fufpicions on our charac- ters are unremoved ; and therefore, though we do not arraign your juftice, we cannot help exceedingly to lament the late adjournment of the Seflions. We are given to underftand, from common report, that two gen- tlemen who have given evidence to the aflembly of the faid George Andrew Ram (which, for ought we know, may be of great import- ance to the prefent caufe, either as it may affect the evidence for the crown, or for us), have applied for leave to proceed in the fhip Egmont for England, which, by the Company's order, is to be dif- patched on or before the I 5th of this month. The gentlemen we allude to, are Meflrs. Ruflel and Stone j and we doubt not but your Y Honour, ( 162 ) Honour, &c. will readily perceive the injuries we may probably fuftain if this their application is complied with. Every undue ad- vantage feems to have been taken of us ; no fummons iflued to de- mand our attendance at this pretended Inquifition ; no opportunity afforded us to crofs-examine the witnefles ; queftions dreffed up to lanfwer the purpofe of party and perfecution ; the inquiry made in a private houfe, at hours only known to Mr. Ram and his Jury, and fometimes with the door fhut: thefe are proceedings that, furely, are not warranted by law, yet happy fhould we be could we ftop here. Sorry are we to obferve, that we have every reafon to ima- gine, that, not content with ftriking at our lives, our enemies have taken fecret and unmanly fteps to ruin our good fame. The ver- dict on this felf-denominated Inqueft was clofed the /th day of Au- guft. Your Government was formed the 3 ift. Mr. Ram may have had reafons for not returning it during our adminiftration, but why did he not immediately after we ceafed to be in power ? Why not at the feffions held the I oth of September ? Why keep it unfairly back until the 24th of that month, two days after the departure of his Majefty's floop the Swallow ? Why keep until that day the Ver- dict fecret from the world ? By thofe ungenerous and unprecedented means his friends have had above a month to prepare papers for a frefli perfecution in England ; to fend over copies of the informations and proceedings of this unconftitutional aflembly ; to mifreprefent facts, and to give an appearance of truth to falfe and pernicious ar- guments. While, on the other hand, we have been deprived of an opportunity of furniming our friends with proper materials to de- feat the malice of our perfecutors, or lay our actions and characters before the Public in a fair and juft light. Thefe are, furely, hard- fhips, others fhould not be heaped upon them. Mr. Ruflel and Mr. Stone have been partly the caufe of the illiberal charge againft us. They fhould, we humbly apprehend, be obliged to fupport it in an humble legal manner, and not be allowed an indulgence, equally repugnant to the juftice of the Court and conftitutional li- berties of England. We likewife beg leave to obferve, that though it might have been proper and agreeable to the principles of law and natural juftice to fubmit to neceflity in the cafe of Commodore Sir Edward Hughes, and other gentlemen belonging to his Majefty's fquadron, who were to yield implicit obedience to orders, and whofe written informations were on that account taken, yet we conceive the fame neceffity does not exift with regard to Meflrs. Ruflel and Stone, and it would be 2 introducing )' introducing a dangerous precedent to allow, in capital cafes, written evidence to be taken, where it can poffibly be avoided. We requeft that this Addrefs, and the Exceptions accompanying it, may be made a Record of Court, in order that they may be laid before the Grand Jury. We are, with refpecl:, Honourable Sir, and Sirs, Your mofl obedient humble Servants, Fort St. George, 7th of Oftober, 1777. GEO. STRATTON, HENRY BROOKE, JAMES STUART, CHARLES FLOYER, ARCHDALE PALMER, FRANCIS JOURDAN, GEO. MACKAY. MR. CHARLES BROMLEY Solicitor for the Gentlemen accufed by the Inqueft then delivers the following Exceptions and Affidavit, which is read publickly. Y 2 To the Honourable John Whitehill, Efq. &c. Jufliccs ofOyer and Ter- miner and General Gad Delivery for the Town of Madrafyatnam and its Diflrifts. The EXCEPTIONS of George Stratton, Henry Brooke, Efqrs. Brigaaier General James Stuart, Charles Floyer, Archdale Pal- mer, Francis Jourdah, George Mackay, Efqrs. Lieutenant- colonel Matthew Home, Captain James Eidingtoun, and Captain Arthur Lyfaght, taken to an Inqueft held by George Andrew Ram, on the Body of the late Lord Pi GOT. Fir/}, TYECAUSE, admitting the appointment of the faid George *-* Andrew Ram to have been lawful, as having been made agreeable to the cuftom of the Settlement, yet as he was fome con- fiderable time before the death of Lord Pigot appointed to a fubor- dinate Factory, his office of Coroner, agreeable alfo to the cuftom of the Settlement, became vacant. Secondly, Becaufe the faid George Andrew Ram himfelf was pre- fent at the Seffions where John Balfour was fworn into that office, and was fo confcious of his own difqualifications, that he referred applications made to him in that capacity to the faid John Balfour, the perfon appointed in his room, as appears by the affidavit of the faid John Balfour, hereunto annexed. Thirdly, Becaufe the inexperience, infufficiencies, and known de- pendence of fome of the Jurors, felecled on this Inqueft, in preference to others of the moft refpetable perfons in the Settlement, who at- tended on the fummons of the faid George Andrew Ram, and whofe names were placed by him after the twelve men firft called over, rendered them improper perfons to form a legal and impartial opi- nion on an affair of fo ferious a nature. Fourthly, Becaufe of the declared fentiments of feveral of thofe Jurors, and in particular of George Smith their Foreman, Andrew Rofs, and Alexander Cuthbert. Fifthly, Fifthly, Becaufe this pretended Inqueft was held in the houfe of the laid George Smith, where the Public could have neither ingrefs nor egrefs without permiffion. Sixthly, Becaufe the faid George Stratton, Henry Brooke, James Stuart, Charles Floyer, Archdale Palmer, Francis Jourdan, George Mackay, Matthew Home, James Eidingtoun, and Arthur Lyfaght, xvere not fummoned on this Inqueft, and were thereby deprived of the benefit of a crofs-examination. Seventhly, Becaufe there were no witnefles examined but on the part of the Crown. Eighthly, Becaufe the witnefles for the Crown were unduly led In their examination, and fufFered to give hearfay and public report as matters of fact and certain knowledge. Ninthly, Becaufe there appeared no external mark of violence upon the body of the faid Lord Pigot at the time of the infpedion thereof by the faid pretended Jury, and becaufe there was fo little fufpicion of his Lordihip's having died from the effects of poifon, that the faid pretended Jury declared there was no neceffity to open the fame, although one of the furgeons attended with his inftruments for that purpofe ; and therefore ordered the body to be buried without further inquiry. Tenthly, Becaufe the faid pretended Jury, immediately upon the faid infpection, found that the faid Lord Pigot died a natural death, and having thereby anfwered every purpofe for which Inquefts have been inftituted. fhould have immediately brought in their Verdict, and not have adjourned or proceeded further. Eleventhly, Becaufe the uncertain and conjectural opinions in an- fwer to metaphyfical queftions put to the furgeons, examined on this pretended Inqueft, concerning the operations of the mind in general upon the body, were received as certain and pofitive evidence, and by them applied to the cafe of Lord Pigot. Tivelfthly* Becaufe the meetings of this pretended Jury were held at different times, and at diftant periods, and therefore the perfons compofing it liable to be biafled in their opinions by intermediate occurrences and intercourfe with prejudiced and partial men. 5 Thirteenth!)*, ( 166 ) Tblrteenfkly* Becaufe the Jury took upon them to determine points of law, although their authority (had it been lawful) only extended to inquire into matters of fad. Fourteenth^, Becaufe the Jury were unduly influenced by the faid George Andrew Ram, and led to give feveral verdicts under the name of Queftions. Fifteenthly, Becaufe the Jury, though confifting but of Twelve, determined by a majority of votes. Sixteenth!)?, Becaufe this pretended Inqueft was illegally kept back, the faid George Andrew Ram having paft over one entire Seffion, namely, that held on the loth of September laft, before he delivered the fame. Wherefore the faid George Stratton, Henry Brooke, James Stuart, Charles Floyer, Archdale Palmer, Francis Jourdan, George Mackay, Matthew Home, James Eidingtoun, and Arthur Lyfaght, do except to the faid pretended Inqueft, and every act and proceeding thereon, as being partial and unfair, and contrary to the known and eftablifhed laws of England ; and they do therefore humbly pray, that the fame may be quaftied ; and that the Clerk of the Crown may be directed to furnifh them with a Record or Certificate in due form of law of the Verdict and other proceedings on the laid pre- tended Inqueft, and of the Reafons of the Honourable Court for quafhing the fame, fhould it be deemed proper fo to do. (Signed) CHARLES BROMLEY, Solicitor. (A true Copy) By Order of Court. WM. SEDGLEY, Clerk of Peace. Town of MADRASPATNAM. JOHN BALFOUR, of Madras aforefaid, Gentleman, came this day before me one of his Majefty's Juftices of the Peace for this fame, and made oath, on the Holy Evangelifts, That in the lat- ter end of the month of December 1776, he (this Deponent) together with Mr. George Andrew Ram, of Madras aforefaid, and feveral other Gentlemen, were in company together at St. Thomas's Mount, when a letter was delivered to the faid Mr. Ram, and which was direded to him, the faid Mr. Ram, as Coroner ; and this Deponent faith, that the faid Mr. Ram, immediately upon reading the fuper- fcription of the faid letter, and as this Deponent verily believes, without opening it, handed it forward to this Deponent, declaring at the fame time fo loud as to be heard diftinctly by this Deponent, and, as he believes, by others then prefent, " That this was bufinefs 14 for him (this Deponent} :" and this Deponent further faith, that he is of opinion, the faid Mr. Ram would not have caufed the fame to be delivered to this Deponent, in manner aforefaid, had he not be- lieved that he (Mr. Ram) had then no authority to at in the ca- pacity of Coroner: that the letter delivered, as aforefaid, by Mr. Ram to this Deponent was from Mr. Sydenham, Town Major, in- forming him that the body of a man lay dead in a ftreet in the Black Town ; that this Deponent came from the Mount to the Black Town, where he held an Inqueft on the body : that this Inqueft was the fecond, if not the firft, which this Deponent had held after hav- ing been appointed by the Governor and Council, and fworn in at the Seflions to the office of Coroner for the town of Madrafpatnam, and diftricts thereof. (Signed) J. BALFOUR. Sworn to before me (Signed) CHARLES SMITH, one of his Majefty's Juftices of the Peace. Attefted to be a true Copy by me (Signed) CHARLFS BROMLEY, Not. Public. (A true Copy) By order of Court. WM. SEDGLEY, Clerk of Peace. Y4 (*i68 } '[Captain Marlow of Ih Majejlys Ship Coventry, being un- der failing Orders for Bombay, is called ttbon by the yuflices and examined.'] Town of MADRASPATNAM. The INFORMATION of Benjamin Marlow, Efq\ Commander of his Majejlys Ship Coventry, taken upon Oath before John Whitehill, Efq\ Chief Juftice, Samuel Tohnfon and Peter Perring, Jy ft ices of Oyer and I er- mine r and Gaol Delivery for the Town aforefaid. ^~ < * HIS Informant faith, That about the iyth of January in the prefent year of our Lord 1777, he arrived at Madras, in his Majefty's Ship Coventry, and foon after was introduced by Sir Ed- ward Hughes, at the Mount, to George Lord Pigot, and found his Lordfhip, in this Informant's opinion, in good health, lively, and full of fpirits, as could be expeded from one of his Lordfhip's age and under reftraint. This Informant faith, That he vifited his Lordfhip frequently, in company with Sir Edward Hughes, and generally found him the fame until his firft illnefs, which this In- formant was told by Sir Edward Hughes (which he had from Dr. Pafley), that his difeafe was a complaint in the liver and putrid bile, and that Mr. Pafley had declared to Sir Edward Hughes, that had he been acquainted two or three days fooner, it would have faved what would take him up as many months. This Informant further fays, /That fome time after he went in company with Sir iidward Hughes to vifit his Lordfhip, on his being told he was fomething better, but -to this informant's opinion, his Lordfhip appeared a good deal out of order ; notwithftanding this his Lordfhip went out into the garden at the back of the houfe, to fee the walks cleared and watered with an hand engine, which this Informant then" thought was imprudent in his Lordfhip's then fifuation. This Informant does not remem- ber to have vifited Lord Pigot again, until his Lordfhip's fecond at- tack, at which vifit he found his Lordfhip to appearance much alter- ed for the worfe, feemingly very weak and low j and to the bed of this Informant's remembrance, the laft time he faw his Lordmip, was at the houfe of Colonel Matthew Home, and at the approach of the dinner his Lordfhip got up from the fopha, and took his leave of Sir Edward Hughes and the company, and of this Informant, taking , both his hands, and faying, " My friend, Marlow, I wifh you well." This Informant took his leave of his Lordfhip, as being of opinion I he \ he fhould never fee his Lordfliip more, of which he told Sir Edward Hughes and the company prefent. ^uejlion. Whether Lord Pigot expofed himfelf much to the fun when this Informant faw him ?" Anfiver. This Informant fays, that during the feveral times he vifited Lord Pigot at the Mount, many of which were from eleven o'clock till dinner time, he has often walked in the heat of the fun from Mr. Monckton's houfe to the Mount, and fometimes in the garden backwards and forwards from houfe to houfe. Qnejlion. Do you remember any particular time of your being in the garden, or elfewhere with his Lordfhip in the heat of the fun ; and do you remember -any obfervations you made thereon ? Anfwer. Yes, one time in particular, his Lordfhip had got fome trees either to fet or tranfplant, when Sir Edward Hughes with this Informant attended him in the garden in the heat of the day, be- tween twelve and two o'clock. This Informant fays, that he was very unhappy within himfelf from the heat of the fun, although both Sir Edward Hughes and himfelf can bear the fun very well, being ufed to it; turning about found Sir Edward Hughes had gone into the houfe, upon feeing of which this Informant was very happy, and followed Sir Edward Hughes, leaving his Lordfhip in the garden with the gardeners. ^uefllon. Whether this Informant faw any difrefpect fhewn his Lordfhip at the Mount ? Anfwer. This Informant fays, that he never faw any difrefpe6fc ihewed to his Lordfhip by Colonel Home or any of his family, or from the officers doing duty ; but on the contrary, every perfon endeavoured to fhew every civility, and watched every opportunity in obeying his Lordfhip, and that his Lordfhip appeared fatisfied therewith, as this Informant could fee or underftand. Qucftion. From the Clerk of the Peace. Whether when this >' i/ Informant faw Lord Pigot at the Mount, he was attended by an Officer fafhed, and an artillery man? Anfwer He was generally attended by an Officer, but this In- formant does not remember to have feen an artillery man. (Signed) BENJAMIN MARLOW. Sworn this I oth day of October 1777, before us. (Signed) JOHN WHITEHILL. A true Copy. WM. SEDGLEY, Clerk of the Peace- \ 168 Town of MADRASPATNAM. ff. The INFORMATION of Mr. William Mallett Sur- geon, taken on Oath before Charles Smith, E/q\ Samuel Johnfon and Peter Perring, Efqrs; his Majeftys Juf- tices of Oyer and Ter miner for the Town aforefald^ at the Requeft of Mr. Bromley, Solicitor for Mejfrs. Strat- ton, &c. *npHIS Informant, upon his oath, faith, That he knew Lord * Pigot from the beginning of his confinement the 24th of Au- guft I7?7> and that he was prefent upon his Lordfhip's arrival at the Mount, on the night when he was delivered by Captain Lylaght into the cuftody of Major Home. I had an opportunity, while his Lordfhip refided at the Mount, .of vifning him -for the moft part daily. After the firft few days of his Lordihip's confinement he aflumed a cheerful afpecl, vifiting his family refiding at General Lawrence's houfc, and employed him- felf chiefly in the garden of that houfe. I never knew any limits or reftraint to which his Lordfhip was fubjected in point of taking fuch falutary exercife as might be deemed conducive to health ; on the contrary, imagine, had his Loriifhip kept himfelf more out of the exceflive heats of the weather, the refult of his illnefs might not have taken that dangerous tendency it did. From the 24th Au- guft, till March following, he enjoyed uninterrupted good health; returning from his ufual amuiements (the 6th), he complained of a chillnefs and fick ftomach, for which he applied for a dofe of phyfic, and took it that night at bed-time. The next morning, vifiting his Lordfhip, he complained of its not having the defired effecT:, and requefted another, which anfwered the intention. That evening, complained much of ficknefs, heat, &c. for which he took fome tartar-emetic mixture, and voided a quantity of bile, and other in- digefted materials. The 8th, complaints much the fame as preceeding t day, day, Mr. Pafley's advice was thought neceflary, and came that day by defire of Major Home, and Mr. Monckton. A continuance of the tartar-emetic mixture was thought neceflary, which he took with a good effect. The gth, took a dofe of Phyfic, confifting of Sal Rochelle, mannacrum, T, & tamarends, from Mr. Pad ey. The loth, began a courfe of alteratives, which he benefited by much. Mr. Pafley continued his vifits daily till after the 2oth, by whofe pre- fcriptions his Lordfhip found fuch fervice, as to be able to take his ufual exercife. The weather then being very hot, and change of feafon at hand, it was requefted that his Lordfhip would not too early expofe himfelf to fudden heats and colds, left it might retard his gaining ftrength. This, however, availed but little, for he con- tinued going from the houfe to the garden among the work-people, frequently employing himfelf, and when heated, returning again ro it, which kept up fuch an irregular fucceflion of heat and cold, which, to a perfon in the foundeft health, could not fail but of being very pernicious. Soon after this he was again feized with a bilious vomiting, dry fkin, and all the fymptoms of a confirmed bilious fe- ver ; Mr. Pafley was again fent for, v. T ho continued his vifits daily till the removal of his Lordfhip, on account of the periodic winds, to the Company's Garden-houfe. I there vifited his Lordfhip from the Mount generally daily, and was with him the day he expired. May nth, 1777. ^ueftions from the Clerk of the Peace. Were you acquainted with Lord Pigot's manner of life before his confinement ? Anfwer. No. Quejlion. Do you know whether Lord Pigot expofed himfelf to the fun more after his confinement at the Mount, than he was be- fore that period ufed to do. Anfwer. I do not know. Quejlions from the Solicitor for Meffrs. Stratton, &c. Do you remember the falutation that Lord Pigot gave Major Home upon his firft arrival at the Mount ? Anfwer. I do. The words, " My dear Major" or, tf My '* Home, bow do you do?" Z ue ( 170 ) n. Do you remember the converfation that pafled between Captain Lyfaght and Major Home, upon the former delivering Lord Pigot into Major Home's charge ? Anfiver. No further than that upon Captain Lyfaght's deliver- ing a paper, faying, " Do you abide by thefe orders" Major Home anfwered, " I do y as the orders of my commanding officer." n. Do you remember Lord Pigot's afking for pen, ink, and paper, and was it granted him by Major Home, on the firft night of Lord Pigot's arrival at the Mount ? Anpwer* Yes; and it being granted him, Lord Pigot wrote to his daughter, and defired Captain Lyfaght to take care of the letter. ^uejlion. Did you live at the Mount during the whole time o Lord Pigot's confinement ? Anfwer. Yes. Queftion. Have you not frequently feen his Lordfliip in moft of the different houfes and gardens at the Mount, and alfo walking at the top of the Mount. Anfwer. Generally fb. Quejlion. As you were often at Major Home's houfe during^ Lord Pigot's confinement, relate the manner in which his Lordihip was treated by Major Home and his family, and the officers doing duty at the Mount ? Anfwer. To make his Lorddiip's fituation as agreeable as pof- fible, became the joint concern of Major Home and his family, and- by the officers he was treated with the greateft refpect. Quejlion. Have you not obferved, or do you not know, that his; Lordfhip has frequently been angry at Mr. Monckton's houfe, from the various reports and rumours brought ta him by Mr. Monckton and his friends ? Anfwer. I have feen his Lordfhip return from Mr. Monckton's but from what caufe I do not know* Queftion. Was it not frequently the converfation at Mr. Stone's and Mr. Monckton's tables, the threatening to hang every man concerned in the removing Lord Pigot from his governtment, and calling Mr. Stratton, &c. villains, traitors, rafcals, and fcoundrels ? Anfwer. The former, but too frequent ; the latter (viz. calling them by opprobrious names), I have alfo heard, but not generally. Queftion. Have not you feen Meflrs. Ram, Farquhar, and Par- fons at Mr. Monckton's or Mr. Stone's tables when thefe converfa- tions pafled ? Anfwer. I do not particularly recoiled. Qucftion. Have you feen thefe three above-mentioned Gentlemen at other times, at Mr. Stone's or Mr. Monckton's tables, as alfo Mr. George Smith, Mr. Andrew Rofs, and Mr. Alexander Cuthbert ? Anfwer. All thefe Gentlemen I have feen at the above tables. ^uejllon. Do you remember all or any of thefe Gentlemen vio- lent in their expreflions againft Meflrs. Stratton, &c. Gentlemen in the late adminiftration ? Anfiver. I have heard Mr. Stone, Mr. Monckton, and Mr. Ram, at times exprefs themfelves violently, but with the other Gentlemen 1 feldom held any converfation. Quejlion. Do you recollect any particular expreflions made uTe of by either of thefe Gentlemen ? Anfwer. No farther than what I have already related. Queftion. Relate at what particular hours in the day you have feen Lord Pigot exercifing himfelf in the gardens ? Anfwer. At all hours of the day, and fometimes very late in the evening. 'wn. Do you remember to have heard any of the officers that attended Lord Pigot complain of the exceflive heat of the fun? i Z 2 Anfwer. Yes, fatiguingly fo, when attending him in their tour of duty. Queflion. Do you remember dining with Lord Pigot at Mr. Monckton's the Sunday before his Lordfhip was taken ill ? Anfwer. I do. Queftion. Do you remember what he eat on that day, and the remarks you made thereon, and to whom did you make thefe remarks ? Anfwer. I remarked to Major Home his Lord (hip having made an unufual meal of turtle, and that I was apprehenfive (from its be- ing food of fo grofs a nature) that his Lordfhip might feel the ill confequences of it. Quejli&n. Do you remember Lord Pigot's abfenting himfelf from a ball given by Mr. Monckton on the twelfth night, and did he not prefer flaying at Major Home's as a place of greater fecurity for his perfon ; and did not his Lordfhip always confide in Major Home as the perfon in whom he repofed his perfonal fecurity, and whether his Lordfhip did not appear contented in remaining with Major Home ? I remember his Lordfhip's ftaying from the ball, but to- the reft of the above queftion I cannot anfwer, as I do not know from what motive he ftaid away. ^uejlion. Might not Lord Pigot in your opinion, have been equally liable to an attack of the difeafe which he had at the Mount, had he been in full pofleffion of his liberty ? Anfwer, I do think he might. n. Have you ever heard, that foon after Lord Pigot's refi- dence at the Mount, there were frequent accounts brought and fent him by thofe who were fuppofed his friends, of troops in motion to remove him and other alarms; and might not fuch frequent alarms affect his health ? Anfwer. C '73 ) Anfwer. Thefe things I have heard, but as to their effects I can not anfwer. Queftwn. You no doubt have heard of a letter written by the Su preme Council to Lord Pigot refpecting his conduct whilft in this go vernment ? Anfwer. I have heard of one letter, which I have read. n. Are you not of opinion, that as the Supreme Council had fo decidedly condemned his Lordfhip's conduct, he might be appre- henfive that the Company in England might do the fame, and that fuch apprehenfions might prey upon his mind, and produce more difagreeable effects than any treatment his Lordfhip met with from the Gentlemen of the late adminiftration ? Anfwer. The body-politic being of fo abftrufe a nature, I cannot pretend to form any judgment what good or evil might be derived from fuch apprehenfions. t^ueftion. Did you ever hear or know that Lord Pigot was pre- vented from ufmg any exercife he pleafed at the Mount, fuch as riding, &c. Anfwer. I never knew any limits or reflraint to which his Lord- fhip was fubjetted on that head. ^uejlion. You have heard that Lord Pigot did once ride out at the Mount ; do you know, or have you heard any reafon affigned and by whom, why he did not repeat that exercife with the fame party ? Anfwer. I remember Lord Pigot once going on a party to the Cave of Defpair, but why he did not repeat thofe excurfions I can affign no particular reafon. ^ueftion. Did you not ride out to find a good chaife road to the fea-iide from the Mount, and to pitch upon fome pleafant fpot to fend tents to, in order to make a party with the ladies of Lord Pigot's family and Major Home's, and was it not fuppofed Lord Pigot was to be of the party ? Anfwer + t '74 ) Anfueftwn. As you vifited at the Mount frequently, did you ever obferve any want of perfoaal refpecl: or attention towards Lord Pigot by Major Home, or any of his family, or from any perfoa under his authority ? Was Lord Pigot in any want of attendance or neceflaries that could be procured during his illnefs, difturbed by any noife that might have been prevented, or, in a word, any way ill treated ? Anfwer. I know of no inattention or want of refpecT: to his Lordfhip from any one, his Lordfhip was in no want of attendance, having his own fervants, nor to my knowledge difturbed by any noife ; and the drums were, during his illnefs, removed at a diftance from his apartments, by order of Major Home. Queftion. Do you know of any letter or letters that were fent on the 26th of April to Major Home, refpecting the removal of Lord Pigot to the Garden-houfe? Was his Lordfhip acquainted of the contents of fuch letter on that day ; if not, what reafon was alleged for not communicating the contents of fuch letter to his Lordfhip, and who affigned thofe reafons ? Anfwer. I know official letters were received refpe&ing his Lordfhip's removal to the Company's Garden-houfe ; I myfelf re- ceived an order to accompany him thither; Major Home, undir whofe "whofe charge his Lordfhip was, received alfo a letter to that pur- pofe, which Major Home meant to mew his Lordlhip ; but, as it was wrote in the ftile of government, Mr. Monckton and Mr. Ruflel communicated with me on the occafion, and it was thought better to give his Lordfhip a verbal notice of the Garden-houfe having been feti .1 for his reception, than to give him the perufal of the order to Major Home in the fituation he was at that time in. ^ueflion. Have you not heard Meflrs. Monckton, RufTel, Stone, and others of his Lordihip's friends, frequently abufe the members of the late Government, and threaten profecutions, hanging, &c. ? Anfwer. Meflfrs. Monckton and Stone I have heard talk with, the greatefl virulence againft the members of the late Government, and have heard them fay they all deferved to be hanged ; Mr. Ruflel I never heard talk violently againft any one of the members of the late Government excepting Mr. Mackay. Queftion. Do you think the violent paflions Lord Pigot was thrown into, by attempting to remove him to Chingleput, could be productive of ill confequences to his health or conftitution ? Anfwer. I think not; the agitations of violent paflions, like fevere exercife, produce wearinefs and fatigue, but never have lafl> ing ill effects. Queftion. Do you think his Lordmip, when in arreft at the Mount, was in general fo much under the influence of paflions of the mind as to affect his health in any great degree ? Anfwer. I think, on the contrary, that his Lordfliip on great occafions was fuperior to all the little paflions of the mind, and in great events, like men of real character, he on every occafion dif- played exertions of mind more than enough to prevent them having any great effect upon his health and conflitution. ^ueftion. Do you think any particular affections of the mind preyed fo much upon his Lordihip's feelings as to occafion his Lordihip's illnefs ?: Anfiver. Timidity, defpondency, and remorfe are the only affections of the mind which, I can conceive, can entail complaints on the body. His Lordihip's uniform rirmnefs and fortitude is a contradiction; :contradidtion to the firft preying upon him ; his general cheerfulnefs of behaviour is a proof the fecond did not exift ; arid, I believe, he had too good an opinion of his own caufe to entertain ideas of the laft. jieftion. Were many other caufes neceflary to eftablifh and pro- duce the illnefs of which his Lordfhip died ? Anfwer. Many other caufes were abfolutely neceflary No fingle caufe, whether paflion of the mind, or other, could in any refpedt produce the diforder of which his Lordfhip died ; remote caufes of diforders are not to be traced, they may be fuppofed, but cannot be afcertained ; but the more immediate and oftenfible caufes doubtlefs were, an impaired digeftion, denfe ftate of the blood, expofing him- felf too much to the heat of the fun, and the frequent heating and cooling his habit. <3>ueftion. Do you think, from your knowledge of Lord Pigot's character, that he could be fubject to that degree of dejection as to injure his health ? Anfwer. I never faw the lead appearance of dejection in Lord Pigot, whether in ficknefs or in health ; befides, the natural dignity of his character, the flattering idea he had of the juftnefs of his caufe, that his rank, character, and former fervices would entitle him to fuch ample fatisfaction from the public, that there was no room left for dejection in his mind. As explanatory of the evidence I have given on the operation of the affections and paflions of the mind, I defire it may be noted, that refentment, anger, rage, and the active paflions of the mind, produce at all times fo great a re-action on the body, that they never do mifchief unlefs inftanta- neoufly. The paflions and affections of weak minds have their ill effects on the body, principally on occafions of the perfon's with- drawing himielf from fociety and fhutting himfelf up. . Were any of his Lordfhip's family fick during their refidence at the Mount ? Anfwer. There were Mifs Pigot laboured under a bilious ill- nefs, rather of a dangerous kind, and Mr. Monckton had feveral fmart attacks of feverifh bilious diforders. Queftion. f . Were the corps of artillery fubject to bilious diforders at the time his Lordfhip refided at the Mount ? Anfwer. They were fubject in common with other parts of this coaft to fevers, fluxes, inflammations of the liver, &c. ^ueflion. Were any of the officers of artillery taken ill with bi- lious diforders ? Anfwer. Several of them were at different times fick of bilious- diforders under Mr. Mallett's care, the furgeon on the fpot ; two of them, Lieutenant Moorhoufe, and Lieutenant Douglas, were fent to- town to me very ill of liver complaints, with feverilh, difpofitions,. and one of them died. ^lefion. Are diforders frmilar to his Lordship's common in this- part of India ? Anfwer* They are common all over this part of India, and men in all fituations, with the fulleft enjoyment of every privilege, are fubject to the lame, and die of them. Queftiw. Do you think that the fpring and increafing heat of the weather at the time of his Lordfhip's being at the Mount would be more productive of a difeafe to his Lordfhip than to any other man there ? Anfwer. I think not. His Lordfhip fcemed to have no defici- ency of exercife, for he never was idle, and that feafon of the year fuch diforders as his Lordfhip was affected with might affect others there as well as him, and feveral of them had fimilar diforders ori- ginating in their livers* n.. Do you think his Lordfhip's ficknefs and death owing principally to his confinement or reftraint, or was it the. effect of a bilious diforder ? Anfwer. I think principally from the effect of a bilious diforder arifing from the fame caufes by which they are produced in others. n. Whether the room in which Lord Pigot was in the.- houfe of Major Home could be the caule of his Lordlhip's illnefs, and whether fuch room was proper and fitting for a perfpn. in Lord Pigot's then ill ftate of health 1 dnfiver. The room coukl in no refpect be the caufe of his illnefs ; and it was fit for his Lordfhip in a fick ftate on account of its be- ing high-roofed, well aired, and the cooleft room in the houfe. ^ueflion. Can you, with that degree of moral certainty which in all law proceedings, or human evidence, feems neceflary to efta- blifli the exiftence of any fact, declare that the feizure of Lord Pigot, and the fubfequent occurrences while his Lordfhip was at the Mount, in confequence of the orders of the late Adminiftration, did certainly occafion, or did certainly contribute, to the illnefs of which Lord Pigot died ? Anf'wer. I think and can declare the moral certainty is, that the feizure of Lord Pigot, and the fubfequent circumstances at the Mount, did certainly not occafion the diforder of which Lord Pigot died, though a combination of the circumftances mentioned in thequeftion might have contributed to produce a change in his Lordfhip's confti- tution, but not fufficient to produce a difeafe of themfelves ; and his Lordfhip's enjoying fo perfect health from the 24th of Auguft till about the month of March, feems to argue clearly that they only contributed to lay the foundation of his Lordmip's illnefs in the moft remote manner, as a little water to the formation of a lake. Queftion. Were you fummoned on an Inqueft held by Mr. George Andrew Ram ? Anfwer. I was. Queftion. Were any queftions put to you on that occafion, and what were their tendency ? Anf'wer. Many queftions were on that occafion put to me, prin- cipally regarding the operations of the paffions of the mind upon the body, and the tendency of all the queftions put to me ieemed to be, to the beft of my underftanding, directly and carefully to eftablifh a guilt. No queftions were put explanatory of the anfwers 1 gave them, and none to remove doubts, or difcover fact or truth, 0>ueftion from the Court. Do you imagine the diforder of which Lord Pigot died was occa- fioned by imprifonment, or do you rather imagine it came on na- turally^ or that it was produced by his own imprudence ? 3 Anfiver. Anfivtr, The firft part of this queftion I have already anfwered, by ascertaining the caufes of his Lordftiip's.difeafe ; as to the fecond part it was imagined and prophefied by every body, that his Lordfhip would fooner or later be attacked by feme difeafe, owing to his ex- pofing himfelf fo much in the fun, which, indeed, his friends, al- ways remonftrated againft. GILBERT PASLEY, Surgeon. Sworn to before us this lyth day of November, 1777. CHARLES SMITH,! T A - PETER PERRING, J uftices ' (A true Copy.) WM SEDGLEY, Clerk of Peace; B b 1 86 ) The CASE of the Right Honourable Lord Pi G OT. I S Lord/hip, about Fifty-eight years of age, very healthy, and' fubjecl to no conftitutional ailments, had refided at St. Tho- mas's Mount for fome months. During the rains and cool feafon he remained in perfect health. Being accuftomed to much ftirring and exercife, he employed himfelf daily till noon (expofed to the heat of the fun) in gardening, repairing of tanks, &c. The confidence he had in his own conftitution made him perfevere in thofe amufe- ments contrary to the advice of friends. About the beginning of March, when the weather grew hotter, appearance of a redundancy of bile, and difturbed fecretions, took place on his Lordfhip. He grew reftlefs, his fpirits flagged, perfpiration became fcanty and ir- regular, with feverifh difpofitions, which obliged him to take to his room. He remained fome days in this fituation, took an emetic and- a purge, and refifted the feelings of an impending illnefs. But things growing more ferious I was called upon, and was fomewhat alarmed at the fituation I found his Lordfhip in. He was reliefs, an oppreffion and difficulty of breathing, proftration of ftrength, his tongue as white as a meet, his urine like four beer, his (kin hot and dry, his pulfe very quick, and his whole fyftem agitated with putrid bile. More time was not to be loft. He was directed to take imme- diately a laxative compofed of fenna manna, fal rochelle, tamarinds, and fennel- feed, which in the courfe of the evening operated four times. The evacuations were foetid and offenfive, and produced fome relief. The laxative was repeated in the morning, had a good effect, brought away much putrid pile, and gave general relief: a perfpiration was recovered on his ikin, his tongue looked better, his pulfe fwelled and lefs quick, and every thing favourable. He now began to ufe faline draughts, with tartar emetic, which iickened his ftomach, brought up fome frefh bile, and a quantity of glutinous fluff that would not diffolve in water. As the putrid oppreffive complaints abated, he became fenfible of pain and tendernefs in the region of his liver, and pain of his right moulder. His laxative was again repeated, and evacuations lefs putrid were produced by it, after which he ufcd faline mixture often as a refrefhing drink; and as all fymptoms of irritability were much diminifhed, and little more than a feverifh difpofnion remaining, he was directed to take fome alcalizate mercury and tartar of vitriol, equal quantities, morn- l ing ing and evening, to remove liver, and other vifceral obftruclions. "By thefe means, proper diet, antiphlogiflic drinks, and laxatives, he became quite well, to all appearance. Notwithftanding, to fecure a permanent recovery, I thought proper to apprize his Lordfhip, that as all diforders, of the kind he had laboured under, originated in the liver, a courfe of alteratives, deobftruent and aperient medicines would be highly neceffary; and every other precaution in diet and exercife to prevent a relapfe which might happen from indigeftions and difeafed fecretions. I was at fome pains to explain thefe matters to his Lordfhip, but from a confidence in his conftitution and former healthinefs, he could not be perfuaded they were in any re- fpecl: neceffary, particularly as he had not a feeling of difeafe about him, and his fpirits in their ufual ftyle. He therefore went out again and followed his amufements and occupations as before. In a fortnight's time, however, he became fenfible how imprudent he had been in not liftening to the advice he had received. His appetite be- gan to fail him, his deep grew diflurbed, he grew heavy and fe- verifh, and the whole fcene of illnefs was renewed without having ftrength fufficient to fupport a fecond attack. On the commence- ment of his illnefs he took fome tartar emetic, and a purge; by both he had great difcharge of bile. They gave but little relief, as he had confiderable congeftion and irritation in his liver, which occa- fioned copious fecretions of bile, and kept up his fever in fpite of evacuations, relaxing and diluting medicines, and a perfect obedi- ence on his part to every means that was neceffary. As his diforder gained ground, and the heat of the weather in- creafed, he was moved, with his own confent, to the Company's Garden-houfe, near to the fea. In the courfe of three or four days after his removal, he was better in fome refpecls, though not ge- nerally, but fome violent exertions, and expofing himfelf to cold and fatigue, threw him back again, and brought on fevere fhiver- ing. After which he gradually declined until he died of a flow vifceral fever, partial fuppurations in the fubftance of his liver, and putrid bile. GILBERT PAS LEY, Surgeon* Sworn to this 1 7th day of November, *777> before us, CHARLES SMITH. ? P. PERRING, 5 J uftices ' (A true Copy.) WM. SEDGLEY, Clerk of Peace, Bb 3 WEDNESDAY, the igth of November. At a C O U R T of S E S S I O N. JOHN WHITEHILL, Efq; Chairman. CHARLES SMITH, and PETER PEERING, Efqrs; COURT opened: Sheriff returns his precepts. Mr. Charles- Bromley, Solicitor, delivers in. the following Petition of Bri- gadier General James Stuart, To the Honourable John Whitehill, Efq; <&c. his Majejly Jujlicss of Oyer and Terminer^ and General Gaol Delivery-) for the c To f wn of Madrafpatnam and its Diflrifls* The HUMBLE PETITION of Brigadier General James Stuart, Sheiveth, " THAT it is now almoft eight weeks fince your Petitioner has been in detention of the Sheriff, or admitted to bail, in confequence of a moft ferious charge, which, from the hour of its being known to your Pe'itioner, he was, and now is, ready to prove to be devoid of foundation, according to any rules of law, juftice, equity, or evidence. < The refpecl your Petitioner bears to the very name of trial by the laws of Fngland (a name aflurned by the fuppofed Court of Jnqudt), added to your Petioncr's defire to fatisfy all mankind of his inno- cence, made your Petitioner, at the beginning, feel the inconveni- ence of his detention the lefs, becaufe he imagined, accouding to the ufual mode of proceedings, the bufmefs would be foon gone through; but the repealed, unexpected delays that have iince occurred, obliges your your Petitioner now, with becoming deference, to complain of thefe delays, as feeming to him a grievance. Therefore your Petitioner, in his own name, and in the name of the military concerned, takes occafion to requeft moil earneftly, that no further delays may inter- vene; and that if the fuppofed Inqueft is legal, that your Wormips will now proceed in courfe of law, or if not legal, that your Peti- tioner may have fpeedy deliverance and redrefs. " Your Petitioner begs leave alfo to inform you, that if this bufinefs is to come to an hearing, in fo far as it may concern your Petitioner, for the part he in duty took in obeying the orders of his fuperiors both civil and military, or for the part which* any military man, in like manner, took in confequence of your Petitioner's orders, your Petitioner propofes in perfon to make his own. and their defence, upon grounds diftincl: from that of the Government at the time, which originally gave the orders to your Petitioner, or to the military who a&ed under him. " Your Petitioner humbly requefts, that this his Petition may be entered in the records of this honourable Court. " And your. Petitioner, as in duty bound, fhall ever pray. Fort-Georpe, igth (Signed) TAMES STUART." Nov. 1777. The above. Petition.ordered to be recorded, and the Court adjourned to Wcdnefday, the s6th of November. (A true Copy) By order of Court. WM. SEDGLEY, Clerk of Peace. JOHN WHITE HILL, Efq; Chairman. CHARLES SMITH, SAMUEL JOHNSON, PETER PERRING, Efqrs, i OURT opened : Sheriff returns his precepts. The follow- Grand Jury are fworn in upon both commiffions. James Daniel, Efq', Foreman. Mr. James Henry Cafamajor. Mr. Thomas Cooper. Mr. Edward Saunders. Mr. Richard Guy. Mr. Edward Trowd. 'Kfc^X Mr. Theodore Corbet t. Mr. Thomas Barnard. Mr. Jofeph Baker. Mr. Charles Edward Jones. Mr. George Moubray. Mr. Robert Gardiner. Mr. John Mitford. Mr. William Aug. Dobbyn. Mr. James Strange. Mr. William Duff. Mr. Edward Miller. The Chairman then delivers the following paper to the Clerk of the Peace, to be read publicly. "AT the firft meeting in the term of this SefTion, the Court ob- ferved that an Inquifition and fundry Informations had come before them, relative to the death or murder of the Right Honourable Lord Pigot, and that the fubjecl: appeared to them of fo extraordinary a nature, that they had refolved to apply to the Judges of the High Court of Judicature for their opinion and advice. " The Prefident and Council, in confequence of this refolution, took the neceflary fteps for obtaining the opinion of the Honourable the Supreme Court, on feveral points of law which occurred on the fubjecl: of the before-mentioned Inquifition : the anfwer of the Judges, Judges to the queries put to them are very full and fatisfactory, and this Court having taken the fame into confideration, and maturely deliberated on the proceedings of the Inquifition, with the exceptions made to them by the parties accufed, afe of opinion, That the faid proceedings are irregular, and contrary to law, and have accordingly refolved, that the whole be quafhed and laid afide. a And in juftice to the perfons accufed in the faid Inquifition, the Court have thought it proper and neceflary, that an attefted copy of the letter from the Honourable the Judges of the Supreme Court, containing their opinion on the feveral points referred to them, be entered on their minutes." The Court agreeing in opinion that thefe perfons fhould be im- mediately releafed from their recognizances: refolved, That they be now difcharged by proclamation* The Clerk of the Peace then calls over the names of the following Gentlemen, who, by the verdict of the Inqueft, were charged with the murder of the late Lord Pigot, viz. Meflrs. George Stratton, Henry Brooke, Charles Floyer, Archdale Palmer, Francis Jourdan, George Mackay, James Stuart, James Eidingtoun, Arthur Lyfaght, and Matthew Home ; when Mr. Charles Bromley, folicitor for thefe Gentlemen, appears and informs the Court the above Gentlemen are in an adjoining houfe, and fubmits it to the Court, whether their perfonal appearance be abfolutely requifite, which the Court does not deem neceflary, and they are difcharged by proclamation ; the Court at the fame time order the Clerk to quafh the Inqueft, which is done in the prefence of the Grand Jury; and the Chairman then orders the Clerk of the Peace to read the following queftions, which were fent to Bengal with th anfwers received from the Bench of Judges. Qtieftion Firft. Whether the Judges ought to allow exception being made to the Coroner, as being appointed by the Prelldent and Council, and if fuch exception be admitted, who has properly the power of appointing that officer ? Second. Whether the Juftices ought to allow exception againft Mr. Ram, the Coroner on the prefent Inqueft, on account of another Coroner having been appointed by Mr. Stratton, and the reft of the Gentlemen of the late adminiftration ; or, for his having at any time time declined to officiate, fuppofing this latter circumftance, which is at prefent doubtful, fhould be found true ? Third. Whether the Juftices ought to quafti the Tnqueft on ac- count of any of thofe exceptions, or on account of iregularities in the proceedings, fhould any fuch appear ? Fourth. Whether all thofe perfons, accufed by name, fhould be indicted for murder, or for manflaughter; or whether fome only fhould be indicted as principals, and the others as acceflfaries before the fact, and in this laft cafe who fhould be confidered as principals, and who as acceflaries ? Fifth. Whether, in criminal matters, the informations of per- fons beyond the feas can be read in evidence to the Petit Jury ? Sixth. Whether the Jurors that fat on the Inqueft can be exa- mined as evidence before the Court, and before the Grand Jury, or either ? Seventh. Whether the Jury on the Inqueft ought to be unani- mous in their verdict ; and whether they may decide by any, and what, majority ? Eighth. Whether the proceedings of the Inqueft, in cafe it fhould be quafhed, can be demanded by the Grand Jury ? Ninth. Whether, if the Inqueft and proceeedings thereon fhould be deemed legal, the examinations of fuch perfons as gave evidence before the Coroner, and who may forfeit their recognizance by going to England, may be read as evidence to the Petit Jury on the trial ? Tenth. Whether any, and what, challenge, lies on the part of the Crown, or prifoner, againft a Grand Jury-man ? Anfwer to the above Queries* Firft and Second. To the firft and fecond queries one anfwer will fuffice. It does not appear to us that there is any fuch officer as a legal Coroner at Madras. If the Prefident and Council have a right to appoint an officer, who can lawfully exercife the feveral powers belonging to a Coroner in England, they muft derive it from fome act of parliament, or from fome charter ; but no act or charter 4 which (193 ) which we have feen confers any fuch right. It may be proper and convenient, in a fettlement where there is no legal Coroner, that fome of the principal inhabitants fhould infpecT: the body of any one fuddenly deceafed, and that a perfon appointed by the chief magif- trate of the place, fhould afTemble a proper number of inhabitants for that purpofe ; but though, in fuch a cafe, their evidence at a future trial may poflibly be important, any inqueft that they fhall prefume to make on oath, will be abfolutely void, and the arraign- ment of a culprit thereon utterly unlawful. Third. Inquifitions taken before a Coroner may be quafhed or fet afide, either for formal defects, or material irregularities ; and unlefs there be fome authority for the appointment of a Coroner at Madras, with which we are unacquainted, the Inquifition now laid before us, muft be rejected as wholly null and void. Fourth. Whether a man charged with the death of another mall be indicted for murder or for manflaughter as a principal or as an acceflary, it is the office of the Grand Jury to determine on the con- fideration of the Facts proved before them ; we can only give an opinion upon fuch facts as are ftated in Mr. Ram's Inquifition, from the perufal of which we cannot collect materials fufficient for an in- dictment either of murder or of manflaughter. Unlawful imprifon- ment accompanied with fuch feverities as apparently endanger the life of the prifoner may, if death enfues thereupon, amount to cri- minal homicide ; but where the mode of reftraint was not rigorous, nor the place unwholefome, he who has unlawfully abridged the li- berty of another will not be anfwerable for his death, merely becaufe the difeafe of which he died proceeded from anxiety and depreffion of fpirits, the natural confequences of injurious confinement. Fifth. In criminal matters the informations of perfons beyond the feas cannot be read as evidence to the petty jury, unlefs perhaps in certain cafes attended with particular circumilances,. which are not ftated or fuppofed in the prefent inftance. Sixth. The Gentlemen who attended Mr. Ram under the denomi- nation of Jurors, may give evidence both to the Grand and Petty Jury of what they themfelves faw or know, but not of what was re- lated to them either with or without oath by others. C c Seventh.. ( '94 ) Seventh. To the validity of a Coroner's Inqueft It is neceffary that the major part of the Jurors agree in the verdict, and that fuch majority confift of at leaft twelve; fo that if no more than twelve are fworn in, the Jury muft be unanimous. Eighth. The Inqtiefl being fee afide, as we have fuppofed it muft be, we do not apprehend that the Grand Jury can have a right to demand from Mr. Ram, or the gentlemen who attended him, any of their papers or proceedings. Ninth. We are of opinion that the examinations mentioned in the ninth queftion, cannot be read as evidence to the petty Jury at the trial, both becaufe Mr. Ram appears to us to be no Coroner, and be- caufe the depofitions of abfent perfons cannot be read in evidence in a criminal fuit, unlefs for fpecial reafons, which do not appear to exift in the prefent cafe. 'Tenth. We apprehend that a Grand Jury-man, though not liable to be peremptorily and arbitrarily challenged, may however be chal- lenged for certain caufes, by a prifoner under profecution ; we do not think it neceflary to enter into a particular examination of each of thofe caufes, but will here tranfcribe a fhort paflage from Haw- kins's Pleas of the Crown, which with the references that will be found in the margin of the book under that paflage, may ferve to di- reel;, in his inveftigation of this fubjecl:, the Barrifter by whom the Prefident and Council of Fort St. George are at prefent affifted. It feems (fays Hawkins) proof s^ and endeavours^ which were employed for the purpofe of criminating DEFENCE DEFENCE O F George Straiten^ Efqj Governor, Henry Brooke Charles Flqyer jJrchdale Palmer . r?r c r* M \* ? r 27 induce a ready compliance on the part of Lord Pigot, we directed Colonel Home to inform him, that as the laft refource, in cafe of an attempt to.refcue, his life muft anfwer it. But fo little regard did he pay to this menace,, that he made ufe of the moft irritating expreflions towards Colonel" Eidingtoun, who had it then in his power to treat him rudely,. could he have fo far forgot what he owed to himfelf as a gentle.- man ; and not content with this, nor with expreffing himfelf in. the moft indecent and imprudent manner with refpect to us, he. publicly harangued the guard, that was then drawn out to put our orders into execution, and endeavoured, by every argument that could work upon the mind or paffions of a foldier, to ftir them up to mutiny. " Colonel Eidingtoun and Colonel Home were botruconvrnced of the daring and intrepid fpirit of Lord Pigot, by his having even thus finely oppofed the execution of our orders; at the fame time too A i 6 they they were confident, that notwithftanding our menaces we never meant that the lead violence (hould be offered to his Lordfhip's per- fon, and that although feemingly pofitive, it was only intended to prevent the rafh attempts of himfelf and his friends. Had Colonel Home regarded the order in any other light, he would have thought it his indifpenfable duty to force an immediate obedience to it on the part of Lord Pigot ; they therefore agreed not to proceed further until they had frefh inftrudions from the board, upon receiving his Lordfliip's word of honour, not to make any attempt to efcape, nor to employ his friends or dependants to tamper with the troops, which from the violence (hewn on every occafion by his Lordfhip's adherents the Board had reafon to fufpecl:. Some of Lord Pigot's friends declaring on this occafion, that we meant to remove him to Gingee, ufed every means to excite muti- ny among the foldiers, yet Colonel Home, perfuaded of the fteadi- nefs of his men, (hewed them a degree of lenity, that nothing but his own humanity could excufe; and though he would have been juftifiable, had he treated them in the fevered manner, he contented himfelf with informing us of the rafhnefs and inefficacy of the attempt. of nuoi^niDi.'! ,bn ~ r In confequence of his letter, we wrote to Lord Pigot, and ex- preffed an extreme concern that a notion (hould have prevailed in his Lordfhip's mind that he was to have been removed to Gingee. We afTured him, that no fuch idea ever did or could have occurred to us; and we took this opportunity to make him an offer of removing to any fettlement on the coaft, that he (hould give a preference to, where there was a Chief and a Council, provided he pledged his word of honour to remain in quietnefs within the bounds of fuch fettlement until the Company's pleafure (hould be known. We told him, that if he confented to this propofal, we would order the bed houfe in the place to be prepared for him, that every neceffary ihould be furninSed at the Company's expence, and that every re- fpecl: and attention fhould be paid to his perfon. At the fame time that we made his Lordfhip this offer, we informed him, that if he (hould prefer embarking for Europe in one of the Company's (hips, we would order him every accommodation in our power. Convinced of the necefluy of retraining his Lordlhip from cbm- ing into the Fort, or of removing him to fuch a diftance from it as would leave us no apprehenfions for the public fafety, or the peace Ee a of t f the Carnatic, it was farely a proof of our wifli to contribute to his fatis faction, as much as lay in our power, to give him an oppor- tunity of chufing his place of refidence. But his Lordfhip would not pledge his word of honour to r-emain quiet until the Company's pleafure mould be known, and feemed fo happy in the place of retire- ment we had already chofen for him, that he would have rather loft his life (to ufe his own expreflion) than have exchanged it, except for the Fort, which we could never think of giving up, or the King's fliip, which we were obliged to refufe him, as the Commodore Sir Edward Hughes would not in that cafe anfwer for the peace of the Carnatic. As he feemed, we found, fo well pleafed with the Mount, we refolved to let him remain there, in the free enjoyment of his family and friends, \Ve even permitted Colonel Home to indulge him in the free and ; unlimited range of the whole country, accompanied byhimfelfor the officer of the guard; he amufed himfelf walking in the neigh- bourhood of the Mount, or playing at cards, or at billiards; he was cheerful and merry at table, and frequently fung after fupper with Mifs Prime, a young Lady of Colonel Home's family, particularly a fong he taught her himfelf, and of which he gave her the words, On fo confidential a footing was Colonel Home with Lord Pigor, that he ufed to converfe with him on fubjets of the moft interefting, and delicate nature, and his Lordfhip feemed fo well fatisfied with his behaviour, and that of his family, that he paid a very particular attention to every perfon that compofed it. Mr. Rofs, Mr. Smith, Mr. Turing, and Mr. Tafwell, with their families, often dined with him, and were witneffes of his conduct. Mr. Monckton and the Colonel's family were on the moft cordial terms; they dined and fupped frequently with his Lordfhip at each other's houfes, and Mrs. Monckton and Mifs Pigot drank tea almoft conftantly with the La- dies of his family; moft evenings his Lordfhip received vifits from- near twenty Ladies and Gentlemen, and the Colonel ufually invited every perfon who came to the Mount to fee Lord Pigot, to dine or fup with him ; he gave feveral entertainments on his Lordfhip's ac- count, and always avoided afking any perfon that might poflibly have been difagreeable to him, though there were many of his own particular friends- in that predicament. There was fo little appearance of Lord Pigot's being any way di'frefpe&fully treated, that on the contrary the Mount became the gayell t 213 ) gayefl place on- the coaft, and on Chrifhnas and NewyearVday, as well as on Twelfth-night, the balls given by Meilrs. Monckton, lluflel, and Stone, were uncommonly iplendid ; the Board even coincided in this refpet with their willies, and made Colonel Home a handfome allowance to defray the extraordinary expenccs that his Lordfhip's refidence occafioned ; but theie being confiderably kflened by Lord Pigot's infifting on fhortening the table, conftantly before- provided, whether there was company or not, it became more than Sufficient, and the Colunel not wifhing to benefit himfelf by his Lordihip's reftraint, thought it reafonable that the furplus of that money, which had been granted for his entertainment, mould be fpent in his Lordmip's amufement ; and accordingly, as he was fond of amufmg himfelf in building, he adopted a plan of his for a bath, and at his inftance, upon a much more extenfive icale than he had intended. Lord Pigot having drawn this plan himfelf, feemed par- ticularly defirous of having it built; and when it was undertaken he frequently gave as clofe attention to it as any of the workmen; thus, in an occupation of his own choice, and in putting the garden in or- der, an amufement that he alfo much delighted in, did he employ thole moments that were not fpent in the company of his family or friends. ' This, Gentlemen, was the nature and degree of the reftraint we laid Lord Pigot under; we will not attempt to expatiate on it, but leave to your own underftandings to determine whether it was fuch as evinced premeditated malice, or perfonal ill-will to hisLordfhip; but it remains to J(hew our reafons for .continuing him under this reftraint. The Act of Parliament for eftablifliing certain regulations for the better management of the Company's affairs, as well here as in Europe, appoints a Governor General and Council at Calcutta, with a controuling power over all the prefidencies in India. To this controuling power we addrefled ourfelves upon the pub- lic danger, which impended over this- fettlement, from the conduct- of Lord Pigot, and the other Gentlemen of the Minority, . who maintained that the executive powers of government were not lodg- ed in a Majority of the Members of the Board, unlefs the Prefident was of the number, and that his perfonal ailent was abfolutely ne- ceffary 10 conftitute every at of government. We "We aJdrefled this letter to the Governor-general and Council, with a particular detail of our grievances, the day before the general fufpenfion of -all the Members of the Majority, and confequently could not have mentioned the neceffity we were driven to by that meafure, to arreft the perfon of Lord Pigot, but that in a few days hisLordihip xlid himfelf. The anfwer received from that Board was clear and explicit ; the intemperate conduct of Lord Pigot in forcibly excluding two of our Members from their feats in Council, and the unexampled means by which he had endeavoured to ufurp the power of government, and by attempting to procure a majority in Council by violence, were reprobated and condemned, whilft our Government was ac- knowledged, and our meafures approved. Could we have had a doubt of the propriety of our conduct, it was now removed by the pointed and unanimous approbation of that very Board, vefted by the Britim legiflature with the moft ex- tenfive powers ever granted to any fet of men in India, and whofe fupreme eontroul extends to every inflance where the intereft of the Company or the peace and tranquillity of their fettlements are any way concerned. Did we need further authority, we had the fenfe of the Directors themfelves, who, by their General Letter to Bengal of the firft of February 1776, direct, 1 hat the orders of the majority be impli- citly obeyed, in the fame manner to all intents and purpofes as though they had been authorized and figned by all the Members of .the Council. We were not, however, fo elated with this approbation as to permit the flighteft difrefpect or inattention towards Lord Pigot ; on the contrary, we repeated our injunctions to Colonel Home, to treat him with every refpect and attention fuitable to his rank in fociety, and to the ftation he had occupied in the Company's fer- vice: we would indeed have gone further, and taken off all re- firaint, had not his own turbulent difpofition, aad the violence of his friends, put it entirely out of our power. To fo great a length was this carried, that even after our govern- ment was acknowledged by the Governor-general and Council, he never mentioned Fort St. George by any other appellation than that tfiat of his. Fort, nor favoured us with other epithets than thofe of traitors^ villains, and ufurpers. This however would not have induced us to continue him under reft rain t; we ihould have regarded it with that degree of contempt which luch language merits, and have thought ourfelves culpable in treating it with a ferious attention, but we were under continual anxiety from the daily attempts of both him and his friends, to fpread confufion and diforders throughout every department of go- vernment. The dangerous conduct purfued by his Lordfhip to obftruct the courfe of juftice, and thereby to introduce every fpecies of violence and diforder, that could arife from the want of thofe legal reftraints which are inftituted for the defence of our lives and properties, na~ turaily alarmed us In proof of this we obferve, That having occafion to fill up tho vacancy of an Alderman in the Mayor's Court, his Lordmip ad- drefled a letter to the Mayor, reprefenting that our government wa* illegal, and warning him againft the confequence of receiving any Alderman of our appointment^ This happened a few days before the* time fixed by our charter for electing a new Mayor, previous to which it directs, that all va- cancies fhall be filled up; and had the majority of the Gentlemen who compofed the Corporation, been fa^far influenced by the letter from his Lordfhips, as to refufe accepting the Alderman whom we had appointed, the election of a new Mayor could not have been made agreeable to the charter, and the powers of the Court mull have ceafed until fome. remedy- could have-been applied from home. An attempt of the fame kind was made by his Lordfhip, to impede tKe adminiftration of juftice in. the Criminal Courts, by a letter which he addreffed to Commodore Sir Edward Hughes, in his pub- lic character, and of courfe publicly known in the fettlement, re- prefenting us as perfons not legally qualified to hold Quarter Seffions, or to adminifter juftice in any fhape whatfoever. When his Lordmip faw that we were pofleflTed of the powers of Government, had he been interefted in the welfare of the Company, or, of the Public, inftead of purfuing a conduct fo very repugnant to r & / i t rt^ v < ='6 ) it\ li would have endeavoured, as much as poffible, to conciliate the minds of the inhabitants, and to keep even thofe who were attached to him in proper obedience and lubmiffion ; for as the Governor- general and Council at Bengal had acknowledged our Government, and declared their refolution to fupport it in the flrongeft terms, he mud have been fenfible that no effort on his part could meliorate his iituation, nor anfwer any other purpofe than to injure and embar- rafs, the affairs, of the Company. Had he been fingle in thefe at- tempts to fubvert the peace and happinefs of the community, we fhould have had little to apprehend from them ; but many of the Company's fervants and others of the inhabitants were warm in his behalf, and diftinguifhed themfelves in oppofition to our Govern- ment. Anonymous papers were circulated and publifhed in all the out-garrifons and fubordinate fettlements, with an intention of exciting mutiny amongft the troops, and of keeping up that fpirit of party and oppofition to our Government, which, had they been faithful fervants of the Company, they would have wifhed to cx- tinguim. His Lordfhip hoping for fupport from the Governor and Council of Bengal, had folicited an exertion of their controuling power; but when he found that his conduct had been highly condemned by them as arbitrary and unconstitutional ; when he found that our meafures were approved of, and our government fupported, he treated with derifion and contempt that controuling power, whofe fuperintendency he had fo lately acknowledged, by his folicitation to interpofe their authority in his favour ; he even treated the orders of the Company itfelf, communicated to him by the Governor- general and Council, in the fame indecent and undutiful manner ; he ftill afferted his rights to the Prefidency, declaring, that ours was a Government of ufurpation, and that he and the Members we had fufpended were the legal reprefentatives of the Company. Thefe reafons are fufficient, we mould imagine, to point out the expediency of not taking off the arreft ; but they were ftrengthened by many others, we had reafon to believe, which were, that every effort had been ufed to low difaffection in the minds of the Rajah and by fufpending feven of the members by a junto of four. It ( 224 ) It is a maxim in the laws of England, that no man (hall be either judge or witnefs in any caufe where he is himfelf plaintiff or defen- dant ; yet in this inftancc too, his Lordlhip acted directly contrary to the laws and conftitution of his country, and in defiance of both, fat and voted as a judge in the cafe of Mr. Stratton and Mr. Brooke, where he was himfelf the accufer. We, however, fhowed no other refentment than to aflert the rights of the majority, and to proteft before a notary public, again ft the violent and illegal proceedings of his Lord/hip ; but the confe- quence of our untimely temperance was, that he and the few mem- bers who were influenced by him, fufpended four more of the ma- jority. His Lordfhip repeating the fame illegal aft, and fitting and voting as judge in his own caufe; Sir Robert Fletcher, the Commander in Chief, another member of the majority, he ordered in arreft, and to be brought to a general court martial as guilty, in llgning the proteft, of mutiny and fedition. In a milder government than his Lordfhip's, a man was hung by military au- thority, for a lefs offence, without a trial ; what then had the Com- mander in Chief to apprehend under the government of a perfon of Lord Pigot's violent and defpotitc difpofition, who was at that time, as Governor of the fort, vefted with fimilar powers. We were all in the fame predicament with Sir Robert Fletcher ; and if aflerting the rights of the majority of Council, by protefting againft Lord Pigot and his aflbciates, was caufing mutiny and fedi- tion ; we were all involved in the fame guilt with him, confequent- ly all liable to the fame punifliment, and therefore reduced to the neceffity of exerting the common rights of mankind, by putting our lives in fafety at the expence of his Lordfhip's liberty. It is however afferted, that his Lordfhip's arreft was contrary to law; but we beg leave to combat this aflertion, and to rely upon it, that it was not only lawful but neceflary. His Lordfhip was ar- refted more in his military capacity of Governor of the fort, than in his civil one as Prefident of the Council; as a civil fervant of the Company, we had but little realon to be apprehenfive ; it was his military authority, as commander of the troops in garrifon, that rendered him dangerous, and his arreft confequently lawful ; for if there was no power in the majority of the Council, to check the ambition of a military governor of jthe fort, and to imprifon him, if rf neceflary, he may forget both his duty to the Company, and his allegiance to the King, and ufurp an authority independent of either; befides, we muff obferve, that it is laid down by the author of the Principles of Penal Law, " That every wan t on, caufelefs, or un- " neceffary exertion of authority, is unjuftifiabk and tyrannical" If then a wanton exertion of lawful authority (for he means no other) be tyrannical, what term fhall we give to the wanton exertion of an ufurped authority, and what means to oppofe it can be deemed un- juftifiable. Every Britiih fubjedt, in the leafl acquainted with the hiftory of his country, knows, that it is the fpirit of the con- ftitution to refift and overfet ufurpation, and that the laws allow every individual to exercife, in that cafe, an authority which they be- fore denied him ; many proofs of this have been felt by our very kings, and fhould we, in whofe hands the real powers of govern^- inent here were placed, have let it pafs unnoticed in Lord Pigot.. The Gentlemen who have thought proper to inftitute this profe- cution again ft us, have quoted Mr. De Lolme's Treatife on the Con- ftitution of England, to endeavour to prove the arreft of Lord Pigot illegal ; and we (hall from the fame book, and the fame chapter, endeavour to-demonftrate, that it was juftifiable and agreeable to a principle inherent in the conftitution, we mean, that of refiftance. In the twenty-firft chapter then of this book, he fays, that all the prerogatives of the people, taken in themfjlve?, a:e but weak arms to oppofe the real force of thofe who govern ; ail thefe precautions that our anceftors have taken, all thole reciprocal rights they have eftablifhed, fuppofe every thing to remain in that legal conftitutional fituation where they had placed them; but fhould the prince fudden- ly free himfelf from every controul, (hould he fet himfelf above the conftitution, in what lies the refource of the people ? He tells you, that it lies in refiftance, which the laws of England have decided to be lawful and final, againft the violence of power ; it was this refiftance that gave birth to Magna Charta, the balis of our liberty, and at forty different periods procured its confirmation. It was to this refiftance King William owed his crown, and to it alfo are the prefent royal family indebted for their elevation to the throne. This right of refiftance and of oppofition to violence, under whatever form it appears, and from whatfoever quarter it proceeds, is fo well known, fo univerfally acknowledged, that even the courts of juftice themfelves have been guided by it in their decifions ; witnefs the cafe of the Conftable, which thefe Gentlemen have quoted in their p tote ft, and by that, not only acknowledged but proved the G g exiftence of the principle we contend for. The conftitutional right of refiftance being then eftablifhed without a poflibility of doubt, we fay, that the law muft have eftablifhed modes to give it action, or have left it to the difcretion of thofe who are opprefled. But, as our laws know no oppofition, fo they prefcribe no particular mode of refiftance, violence and oppreffion overleap the bounds of conftitutional power, and muft be met on their own ground, and fought with their own weapons. Yet we humbly conceive, we have not only not exceeded in any one act, the difcretionary power that both law and nature placed in our hands, but ufed a degree of lenity and mildnefs to Lord Pigot, that his conduct towards us gave him very little reafon to expert, or indeed to hope for. The proper adminftration of the Company's affairs, the rights of the Council, and our perfonal fafety, demanded our putting his Lordfhip under arreft ; in a cafe of fuch extreme neceflity, we were warranted to do it as individuals, and by a much ftronger reafon, when we united our judicial and political authorities, and acted in a public capacity. It has been complained of, that his Lordfhip was arrefted on the high road ; but will any perfon attempt to afTert, that it would have been more prudent to arreft him in the fort, and have by that means given an inlet to riot and bloodfhed. We have been accufed too of impropriety, in calling the military to our aid, though that was our only means to prevent confufion and public difturbance. General Stuart is involved in the fame charge with us, fo r having obeyed the civil power; as are alfo Colonel Eidingtoun, Colonel Home, and Captain Lyfaght, for having obeyed their commanding officer ; but the Gentlemen who have fhewn fo much ingenuity in compofing the Informations, and framing the accufation againft us, do not feem to have been acquainted with thefe articles of war, which have been eftablifhed by parliament for the regulation of the army, nor to have formed any perfect idea of the nature of the military difbipline*. By the articles of war, General Stuart was obliged to act as well in obedience to the orders of the then Commander in Chief, as| in aid and fupport of the civil power; and the other Gentlemen, under a neceflity of paying him an implicit obedience ; for were it per- mitted to them, to difpute the propriety or legality of the orders of their fuperior officer, the officers and foldiers under them, even to the the very drummers, would have the fame right; and how far fuch a permiffion would be fubverfive of all military difcipline and autho- rity, is too obvious to need a comment. Infinite pains have been taken to prove a reciprocal influence be- tween the mental and corporeal faculties. It 'has been laid down as a maxim in the animal ceconomy, that if any fubjecl of a dangerous nature takes pofleflion of the mind, it may in fome degree obftruct the functions of the body; and having eftablimed this hypothefis it has been concluded, that as we deprived Lord Pigot of the govern- ment, kept him under arreft, attempted to fend him to Chingleput, and had it under confideration to fend him to England, that we gave rife to difagreeable fenfations, which, they fay, produced the diforder in his Lordmip's liver, and the putrid bile of which he died. But we beg leave to obferve, that from the moment of his arreft, to the turtle-feaft at Mr. Monckton's, his Lordfhip enjoyed a perfect ftate of health ; that his diforders were peculiar to this cli- mate, and are generally occafioned by indigeftions, or by frequently being too much expofed to the exceffive heat of the fun. We fhall alfo remark to you, that, previous to his Lordfhip's illnefs, and for fome time after, Farenheit's thermometer was at 95, 96, and 97 de- grees in the fhade. Were it permitted us to recriminate, we would fay, that the friends of Lord Pigot,, who think proper to charge his death upon us, were, with a greater degree of probability, guilty of it them- felves, if, as they infmuate, the affections of the mind have fome- times a mortal influence on the body ; for we aflfert, that they never left his mind at eafe, but kept him in continual alarms of fchemes to tear him from Colonel Home, which he looked upon as his afy- . lum, of bodies of cavalry, and battalions of fepoys, conftantly in motion ; of plans to feize upon his perfon, to bind him with ropes and fend him to Gingee, or on board fhip, in the moft ignominious manner: in fhort, we aflert, that they took fuch pains to teaze and torment him with informations of violence and unworthy meafures, which never had exiftence but in the great fertility of their own imaginations, that one would be led to think they wifhed to facri- fice his life to have the fattsfaction of accufing us of his murder. A charge of homicide has not been thought fufficient, and we are accordingly indicted for wilful and malicious murder ; but we are at a lofs to conceive what the proof of our felonious intention, or pre~ G g 2 meditatedl ( "8 ) meditated malice, can poffibly be. Lord Pigot had the range of the whole country, was treated with every mark of attention and refpedr., had every military honour paid 'him, and enjoyed every convenience that the houfe he preferred to all others in India could afford. Thefe, we humbly apprehend, are not proofs of a malevolent difpofition. Had we had any intention to take away his Lordfhip's life, could fortune have thrown a more favourable opportunity in our way than when he refitted our orders to remove him to Chingleput ? Were we capable of entertaining fo horrid an idea, we might have executed it then, and fheltered ourfelves under the law ; for we will remark to you, that we were not only Members of the Government, but alfo Juftices of the Peace, and our lenity on that occafion, furely demon- firates, that we chofe rather to let pafs with impunity a refiftance to our orders on the part of Lord Pigot, and a difobedience on that of Colonel Home and Colonel Eidingtoun, than that his Lordfhip fhould fuffer the lead perfonal violence ; and what can more evince at leaft the fame degree of attention and refpet in thefe gentlemen, .than their rifking, upon a mere furmife of our intention, both their -commiffions and their lives on this occafion, by difobedience to a pofitive order from their fuperiors in his Lordmip's favour, not- withftanding an evident attempt to refcue him ? But fuppofing the mind and body to have their reciprocal influence on eac'h other, and that the lofs of the Government, the arreft, his Lordmip's reftraint from entering the Fort, his difappointment in fhe decilion of the Governor-general and Council of Bengal, and what, perhaps, occafioned more difagreeable fenfations than all the others, his feeing us in power : fuppofing all this to be true, yet we humbly fubmit it to you, that as no marks of violence appeared upon the infpection of his body, we are not guilty in the eye of the law of either murder or manflaughter ; and that this is law, we beg leave to refer you to the firft volume of Lord Chief Juftice Male's Hiftory of the Pleas of the Crown, where he fays, in page 429, ct If a man, either by working upon the fancy of another, or poffibly " by harm or unkind ufage, put him into fuch a paflion of grief or " fear, that he either dies fuddenly, or contracts fome difeafe of ** which he dies, although it may be murder or manflaughter in the " fight of God, yet, in a human judicature, it cannot come under c< the judgment of felony, becaufe no external ad of violence was *' offered, of which the common law can take notice :" and thus, Gentlemen, not guilty of murder or manflaughter in the fight of man, we are firmly perfuaded that we have not erred againft any precept ( 229 ) precept of the 'divine law, or any principle of morality. Lord Pigot fell a victim to his own imprudence, and informed Dr. Anderfon, in his laft illnefs, that he thought he could tell the day that gave rife to his diforder, nay, the very hour; that he had been that day at work in the garden till very late, had expofed himfelf to the excef- five heat of the fun, and returning to Mr. Monckton's in a violent perfpiration, had taken a large draught of cold punch ; to this Lord Pigot imputed his diforder, and not to us. Thus then acquitted by himfelf, and upon his death-bed, has not the prefent charge againft us more the air of premeditated malice, than any we ever difcovered againft him ? To form axioms founded on conjecture, and to deduce unfair and difingenuous confequences from them, in order to cover us with an opprobrium of the moft horrid nature, has it not the appearance of a more felonious intention to ftrike at our lives than we ever (hewed to attempt that of Lord Pigot ? we humbly fubmit it to you, that it demonftrates a premeditated, malicious, and felonious intention to murder MS in the bafeft manner, that is, under the colour of juftice. Were Lord Pigot really murdered, his memory is free from the im- putation of fuch an atrocious crime j but his friends, who wifh thus to facrifice us to his manes, difcover, upon this occafion, a manifeft defire, not only to commit, with impunity, the very crime they charge us with, but at the fame time betray an inclination to throw a fliade of infamy on our graves. We fhall here conclude, Gentlemen, and we are forry to have taken up fo much of your time, but 'we thought it neceffary to lay before you the circumftances that gave rife to the arreft of Lord Pigot, with our reafons for continuing it; and we fhall here remind you, that his Lordfhip's outrage in fufpending Meflrs. Stratton and Brooke, was the caufe only of our public proteft ; but his conduct towards the Commander in Chief, in ordering him to be tried by martial law for complaining with us in his civil capacity of the vio- lation of the rights of the Council, his expulfion of the entire ma- jority of the Board, our perfonal fafety, his repeated acts of defpo- tifm, his impofing a renunciation on his Highnefs of all his claims to the Tanjore country, and threatening to put it inexecution whether he confented or not; his perfonal infultto the Ally of the Crown of Great Britain, his declaration to treat him as a priibner and to place a guard of Europeans at his houfe : thefe circumftances, fo repug- iiant to the true intereft of the Company, and to the faith and ho- nour nour of the nation, muft naturally point out the impropriety of leaving the powers of Government in the hands of a man who could be controuled neither by principles of juftice nor of decency, who was capable of the greateft ads of violence, and who neither con- fulted the peace of the Carnatic, nor the welfare of his honourable employers; and we truft that there is no unprejudiced man who hears us, that is not convinced within his own breaft of the necef- fity of the arreft ; and at the fame time, that we are not only free from having in the leaft contributed to haften his Lordfhip's death, but that in confideration of the great fervices he rendered the Com- pany during the laft war, our conduct towards him was as mild and gentle as the convulfive fituation of affairs would admit of: and we here cannot but deplore the cruel neceflity his Lordfhip's pretended friends have impofed upon us by this fhameful profecution, to dif- cufs thus freely his public and political character. Though he was our enemy and oppreflbr, our refentment does not follow him to the tomb ; and we fhould be much better pleafed if this trial gave ua aa, opportunity of dwelling on his virtues than his faults. ( 231 ) [I/ appears by 'Brigadier-General Stuart'.? Petition to the Juftices^ dated iqth November 1777 (Page 188 of the preceding Collection), that he considered himfelf, and the Officers who aEled by his Order ^ in a different Pre- dicament from the Gentlemen of the Council. He there- fore thought it mceffary to make a SEPARATE DEFENCE for himfelf and thoje Officers \ which after he had drawn up and Jignedy he was prevented from giving in> by the Proceedings of the Inqueft being qua/bed. The following is a Copy of that Defence, the Original of which, Jigned by Brigadier-General Stuart at Madras, is in the Hands of the Printer, ,] OF Brigadier-General JAMES STUART, for himfelf and for the Military under his Command. Gentlemen of the Jury> *T*O my utter aftonifhment, I appear before you, charged, in the * firft inftance, by a number of men (whofe names are to the paper * now in my hand) with the moft heinous and atrocious crime that human nature is capable of, viz. the concerted, predetermined, malicious, and intentional act of murder, for fuch I conceive to be the meaning of the words Wilful Murder ; of which greateft of all crimes thofe perfons have taken upon themfelves to charge me, and the other Gentlemen of the army there mentioned ; who with myfelf, * The Inqueft. in ( 232 ) in refpe& to the act of arrefting the late Lord Pigot, did no more tban our duty, in obedience to the orders of our fuperiors both civil and military, according to every eftablifhed idea of legal go- vernment within this Prefidency, and according to the words and fpirit of our refpective commiflions, and to the rules and difcipline of war, the whole comprehended under our folemn oath of fidelity to the Honourable Company. I therefore fay, for myfelf, and if I am allowed to make the de- fence of all the army who acted by my orders, I likewife add for them, that neither I nor they, together or feparately, are Guilty of the crime charged, viz. the Wilful Murder of the late Lord Pigot. I produce the original order by which I acted, and by virtue of which I gave orders to all the military thus under my command. It is in the hand-writing of one of the Gentlemen whofe names are to the paper ; they are in number feven ; and I know moft certainly,, that they formed a majority of the whole Council. This, paper I, faw wrote and figned, and received it in perfon from the Genr tlemen. Sir Robert Fletcher, whofe name is to this paper, was at the time- Commander in Chief of the Army ; whofe feparate order to me, according to the rules and difcipline of war, as my fuperior, in the very terms of my commiffion herewith produced, would of itfelf have been binding and obligatory on me ; and he the Commander in Chief being himfelf of Council, together with the other Gentle- men all of Council (therefore the only perfons refponfible), he or they were at liberty to give or to refufe me any explanation of their orders, according as they thought proper. My duty was to obey him (Sir Robert Fletcher) the Commander in Chief, according to the exprefs words of my commiffion j and I thought it, if poflible, more my duty to obey the joint orders of a char majority of Council. I fay, that the majority who gave me powers and orders were at liberty to decline entering into the particular motives of their con- duct, if they had fo chofen. But they did not refufe me any in- formation; and they thought proper to publifh to the army, as well as to the whole fettlernent, the reaibns of their feceflion ; as appears by the papers on record, and particularly by the circulation of the letter by a Notary Public. This was a fort of appeal to the unbi- nbiafled judgment of the Settlement, as to what was or was not the legal government, or conftitutional mode of managing the affairs civil, military, political and commercial of the Honourable Com- pany, within the limits of this Prefidency. As for my own part, without hefitation, I then believed, and even now, after all that has patted, I remain flill of that belief, that the acts of the majority of Council are alone binding in civil, mili- tary, political, and commercial affairs ; and that whatever orders they iffue to me, either as a majority of Council, directed to me in particular, or to the Commander in Chief, for him to communicate to me ; or from the Commander in Chief of himfelf to me, as my fuperior officer ; I was then, by every reafbn of duty, and by my oath of fidelity, and by virtue of my commiffion, as a military fub- ordinate officer, bound to obey ; the refponfibility as well as the truft being with him, and them, the majority of Council, the execution of their orders alone left with me. I obeyed accordingly, and in the manner fet forth in my narrative upon record j which, though, compofed in hafle, is in every eflential part exact. The mode in which I executed the orders and inftrudtions of the majority, did afterwards meet with their approbation, as appears from all the fubfequent publications on their part, where that matter is touched upon. And here I cannot help exprefling my aftonimment, that this heavy charge of Wilful Murder fliould be brought againft me, who in the manner of arrefting the late Lord Pigot, the evening of the 24th of Auguft, fhewed fuch particular attention to prevent the fmalleft chance of any danger to his own perfon, or to that of any of his friends. The management on that occafion (if it may be called fo) arofe from humanity and tendernefs; othervvife there needed none : the whole was prepared, and at my orders. That management has been branded with every odious and infamous epi- thet, and falfe affertions have been made, to give colour to the fcan- dal. This digreffion I hope you will excufe on my part, who on this occafion feel my honour equally as my life attacked ; both which, however, lam at all times prepared to defend as becometh. I (hall only add here, in regard to the act itfelf (without the review of fubfequent occurrences), that after cool recollection of all circum- ftances that preceded, accompanied, and immediately followed the arreft of the late Lord Pigot, 1 now feel the greateft fatisfa&ion for H h the ( 234 ) the part I took as the inftrument of Government ; and I almoft defy the mind of man to have devifed any other way, in fimilar circum- ftances, to have effected it without danger of bloodfhed. And here, notwithftanding the epithets given to thefe proceed- ings, I appeal to the memory of every man here living, and to the annals of hiftory, to fhew a fimilar inftance of regularity and good order ; for after the act of arrefting Lord Pigot, to the minute of refigning the government into the hands of Mr. Whitehill, there has not been any act of violence ; and no man, fo far as I know, has been imprifoned, or injured in his perfon or property, on ac- count of irregularity. This is demonftration, that there was neither anarchy nor confu^ fion in the fettlement (as has been falfely reported), and that the minds of men were prepared for the event, and fatisfied with the neceffity of the meafure. It furnifhes, moreover, the cleared proofs of the good difcipline of the army, who, from the neceffity of the cafe, were the instruments in the hands of the then Government to aflert the rights of the majority of Council. v\* To return to my defence againft this heavy charge : After {hew- ing you the orders and inftructions by which I, as a military fubor- dinate officer, then acted, and that part of my feparate coinmiffion as Colonel, according to which I took the oath of fidelity to the Honourable Company ; I (hall now endeavour to fhew, that the words Governor and Council, inferted in the body of that commif- fion, can only mean the majority of Council ; and I venture to fay> that no man who did not delight in quibble, rather than plain fenfe, or plain inference, ever yet doubted the truth of this proportion,. Here, however, I beg leave to obferve, that in refpect to myfeliy and to the officers or others of the army who obeyed my orders on the occafion, the proving that the majority really has the powers of the Governor and Council, in fpite of the Governor himfelf ; I fay, that as to the military fubordinate officers, this proof is not necef- fary, becaufe in our commiffions, after the words andmujl *' not be blamed for the event" Inftru&ions to Mr. Pitt, dated Qth March 1702. *' We do Jir icily enjoin, that all our affairs be tranfafted in Coun- 46 cil, and ordered and managed as the Majority of the Council Jh all de- *' t ermine^ and not oifcnvjfe, upon any pretence whatever" r\ft "f^ij Becaufe in the body of the Commiffion of Government, and par- ticularly where the word Soldiers occurs, it is faid, or by their Secretary ', to any " officer in the army, and thereby to fufpend or fuperfede the fpecific " commands of the Governor-general, or military Commander in Chief, " fuch orders Jhall be implicitly obeyed'* Can we then, without the greateft abufe of common fenfe, deny, that the Majority of Council is alone meant by the words Governor and Council ? After eftablifhing the above clear propofitions, to fliew what is the Government, need I add any arguments drawn from the ab- furdity of allowing a power to the Prefident, fuch as is contended for by the Gentlemen of that fide, viz. That the perfonal confent of the Prefident is eflentially neceflary in every ad: of government : That no other can propofe or agitate any queftions in the firft in- ftance : That he alone can adjourn or fummons any meeting of Council ; and other exclufive prerogatives, which amount to aPolifh veto, upon every public or private queftion before the Board, and which, in fact, would redjuce the Council to a fet of infignificant puppets. But in truth, neither according to the tenets held by the late Go- vernment, when they feparated from Lord Pigot and his aflbciates ; nor, as I am informed, according to the exprefs orders of the Eaft- India Company, after the fulleft information of all the late dif- putes, and received by the Swallow in Auguft laft, though not yet publijljed^ does fuch exclufive power lodge in the Prefident here : on the contrary, excepting the cajiing vote upon an equality, no other power is lodged with the Prefident, than is inherent in every other Member of Council. As to the objection which I hear is noiv ftarted in regard to the 'want of form in not meeting in the Fort Square, in not inferting the word Prefident) or in nor giving regular fummons by the Secre- tary, previous to the orders and inftrucTions delivered to me, by the feven Members of Council, on the 23d of Auguft, 1776, I can only fay, that in that crifis I, and I fuppofe alfo thofe members, looked tofubftance and not to form. They ( 237 ) They muft have known perfectly well, that fo long as Lord Pigot was in the Fort, as Governor and Commander in Chief, he would not obey any bit of paper from the civil power in the ufual forms of law ; alfo, thai in regard to perfonal fecurity or prudence, it would not have been proper for the majority of Council to have at- tempted meeting in the Council Chamber in Fort' Square. They knew moreover, that the Secretaries were not to be found at the time, and the fecrecy of the meafure might make it necefiary that a member of the majority, at fuch a crifis, fhould himfelf officiate as Secretary (as was the caie), thereby, in my opinion, authenticating more fully their refolutions ; befides, common fenfe pointed out, that the act of a notary-public anfwered fully every public purpofe of promulgating the orders of government; and the omiffion of the word Prefident, which the majority might have inferted if they pleafed, feemed to me a mark of their candour. All thefe reafons, and as looking to the fubftance, and the material parts of bufinefs at that crifis of affairs the 2$d and 24th of Auguft, made me conclude, and I dare fay, it had the fame effect upon all who acknowledged the late Government, that in their public manifeftos, or orders, if they did not follow every immaterial punctilio, fuch as a regular fummons through a Secretary, regular meetings in the Fort Square, or the infertion of the word Prefident, it was owing either to ne- ceflity, or that they did not confider it as eflential. Will any man of common candour, laying his hand on his heart, after allowing that the majority of Council is the legal government, either with or without the Prefident, fay, that the omiffion of thefe formal and not eflential things and words ; I fay, will any honeft man think or fay, that by fuch omiffion, the acts of a Majority, or of thofe who obeyed their orders, are thereby neceflarily vitiated, and the conftitution violated, to the degree of impreffing and ftamping every act of that government with the dangerous epithet of usurpation ; which implies illegality, and may indeed produce anarchy and law- fuits without end. I here in my own name, in refpect to what concerns me, appeal againft fuch a fentence, to the juftice, the equity, the liberal conftruction, and common fenfe of mankind in general. The conclufion I draw from what precedes, is, that if the govern- ment of this fettlement is conftitutionally vefted in the majority of Council^ and if it was expected of that majority to afiert their au- thority, thority, he, Lord Pigot, and his aflbciatej, were the aggreffors, and confequently the original caufe of any fubfequent violent mea- fures, becaufe all the circumftances of the late Lord Pigot's conduct, in regard to the expulfion of Meflrs. Stratton and Brooke, neceflari- ly forced the majority to take the fteps they actually followed ; con- fidering what they knew of Lord Pigot's power, as military Gover- nor and Commander in Chief, and perhaps, what they had reafon to expect from the knowledge they had of his turn of mind and temper. And now being called upon in my own defence, and in that of the officers, &c. of the army who followed my orders, I jfhall take leave to fay a few words as to the degree of proof offered to the perfons who are faid unanlmoujly^ and upon oath, to have given their opinions, that / *was guilty of wilful murder ; and without mincing matters, I will venture to fay, at all rifks, that the annals of the Britifh hiftory do not produce an inftance of twelve men, afluming the name of Englifhmen, or even Englim fubjects, who, upon fuch fort of proof, ever gave fuch a cruel, irrational, inequitable fentence, falfely called a verdict. In faying fo, I {hall, to fupport my opinion, chiefly adduce the afiertions ufed in what is called the informations of certain perfons, moftly the reputed friends of Lord Pigot, faid to have been examined upon oath by this meet- ing of thefe twelve men. And here, left I mould forget, I beg your attention to the ftyle of the informations, which to me feem to be as anfwers to certain queftions leading to prove and eftablim a favourite fyftem, adopted by that meeting, in order, by all artful means, to fix intentional guilt in the conduct of thofe who took an active part in the change of government the 23d and 24th of Auguft 17/6. The plan and fyftem feems as if meant to prove, that the mode of arrefting Lord Pigot, the detaining him in arreft, the attempt to carry him to Chingleput (which is reprefented as if meant for GingecJ, and above all, the project of fending him to England by the Lionefs, made fuch an impreflion on Lord Pigot's mind, that it brought on the difeafe of the liver, the bilious putrid fever, of which he recovered, -and alfo, that increafed liver complaint and bilious fever, which afterwards attacked, and in the end carried him off. This ( 239 ) This I fay feems to be the fyftem of the meeting called the In- queft, and you will find all their fett queftions were of the leading kind, to eftablifh it. I fhall, as fhortly as poffible, analyfe fome of the principal informa- tions, in thefe parts which are applicable to any idea or connection betwixt Lord Pigot's fituation, while under reftraint at the Mount, and any outward appearance, which, in my opinion, can give autho- rity or fanction for an honeft impartial judge by the laws of his country, by common fenfe, or common confcience, to declare to his certain knowledge and conviction, that I, or the Gentlemen whofe names are by them dragged into public view, are guilty of the moft horrid of all crimes, the 'wilful murder of Lord Pigot. I premife in this place, that, in my humble opinion, this is the firft inftance where the vague uncertain reafonings of fhort-fighted mortals, as to the effect of the mind upon the body, the time, manner, and force of ideas operating upon matter, was ever brought by Englifhmen, or any other men, to eftablifh facts of fuch gravity or importance ; for what can be more abfurd, nay impious, than in fuch cafes, to reafon and draw confequences from the uncertain ideas of the operations of the human mind upon the body ; or from fuch fort of proof, to form a judgment of the malicious intentional guilt of a third perfon ? The laws of our country (according to what I have heard) have in fuch cafes left nothing to fentiment, conjecture, or idea. To eftablifh the horrid act of wilful murder, the clear eye, or the un- biafled judgment muft follow the hand of the murderer, and his malicious views and defigns, without a halt or doubt, to the very minute of executing the fatal deed. I never looked into a law-book in my life, fo far as I remember, neither have I confulted, or been aflifted by any lawyer, or any perfon whatever, on this occafion ; but common fenfe defines murder thus in my opinion, and fo far as I know of the manner of trying this queftion by the laws of England, it feems to admit of this conftruction, becaufe of the unanimity neceffary to decide as to the real criminality of a perfon accufed ; this admitted, let us now fee on what evidence thefe twelve perfons accufe me and others of wilful murder t In In this place, I think it proper to x inform you, that I was abfent from the Prefidency on the public fervice, during the whole -period of Lord Pigot's illnefs, and at the time of his death. His Lordfhip was known to have been in perfect health the iith of February, when I left the Prefidency, he died on the i ith of May, I did not return until the end of June. To begin with what is mentioned in the Diary of the fuppcfed inqueft, figned a true copy by William Sedgeley, Clerk of the Peace. It is remarkable, that when the perfons who were called together by the fuppofed Coroner, and in the Diary are ftyled the jurors, had been fworn over the dead body of Lord Pigot, the two principal Surgeons of the fettlement, MefTrs. Pajley and Anderfon, are a&ed, Whether, from a further inflection of the body, and particularly from opening it, they can wilh greater certainty trace the caufe of his death. Mr. Pafley pointedly replied : " That a " difeafe ivas the immediate caufe of Lord Pigofs death ; that he ap- " prebends, the jury are defirous of knowing the caufe of that iary is filent as to the arguments ufed by the Coroner or others, to bring over the fix men, whofe manflaughtering mercy, I mould for my own part, give them no merit for, becaufe equally as abfurd as the others direct unjuft cruelty. I only find that they too gave way, for I fee twelve have figned their names to this cruel opinion, which, fo far as in their power, conftitutes me a murderer. I believe fuch grounds for judgment, and fuch fport with any man's life, was never before exhibited ; for in fact, in the way this Inqueft have now determined, it had been a better chance for me, if the Coroner had put my fate in his hat, on two flips of paper, life or death, and that another, not the Coroner himfelf, had drawn my fate, according to the practice of the India-Houfe in cafes where there is an equality. This Inqueft, as I am credibly informed, went to England by the Hector in July, fo far at leaft as regarded the proceedings then taken, and before the final verdict; and I am undoubtedly informed, I i that that the whole of the proceedings, together with the verdift, were tranfmitted to England by the Swallow, the sift of September. The purpofes there meant to be ferved (before I and others had an an opportunity of giving a defence) may without difficulty be guefled at. A companion of dates is often of great ufe to put facts in a> proper point of view, and I beg your attention to the following extract of the faid Diary. nth of May. Lord Pigot's body infpected, and no marks to in- dicate unnatural death. He is buried y the fuppofed Inqueft ad- journ to George Smith's houfei They continue to do bufinefs in- their own ivay^ adjourning: from time to time. 3Oth of June. This fuppofed Jury divide, fix of them pronounce the offence in law to be murder^ and fix fay it is only man/laughter^ on which the Coroner defires to have it reconfidered. N. B. Mr. Dalrymple's firft accounts, fo favourable to the- friends of Lord Pigot, are received at Madras the 3d of July. This* note is not marked in the Diary. 3Oth of July. The fuppofed Jury find their verdict. Murder^ 7th or 8th of Auguft, The fuppofed verdict figned. I find moreover in the fame Diary, that on the jth September, the minutes of the fuppofed Jury are again read in the houfe of George Smith the fuppofed Foreman; at which time two of the fuppofed Jurors, Meifrs. De Fries and Ewing, deliver in letters, declaring their reafons for figning the verdict, contrary to their private opinion. This figning indeed is moft extraordinary in them, and I fhould be glad to be informed, what arguments had been ufed by the Coroner, or by any other perfon prefent, to induce them to put their names to fuch a verdict; for I find on the 24th September this fuppofed Coroner held thefe Gentlemen to their fubfcriptions, and wrote to them, that he had thought it improper to comply with their requeft, which was only to enter their letters upon the minutes of the proceedings of the fuppofed Inqueft. 8 Thu* Thus far I have remarked upon this fuppofed inqueft, which after admitting, that there was no outward appearance of violence, or marks to caufe fufpicion, on the body of the late Lord Pigot, and having the pofitive declaration of Meflrs. Pafley and Anderfon, that he died of difeafe^ yet, neverthelefs, they the fuppofed Coroner and Jury did afterwards meet at the houfe of George Smith, and conti- nued to meet as a fuppofed Court of Inqueft, from the i ith of May to the yth or 8th of Auguft, or even the 24th of September follow- ing, the fpace of three months, chiefly to afk pointed queftions, and opinions concerning the caufe or caufes of the difeafe of which the late Lord Pigot died; which to the Europeans of this fettlement is univerfally known to be the lot of almoft every one (mine it has been feverely) refident here, at fome one period of his life; for the difeafe that affe&ed Lord Pigot in the firft ftage (of which he reco- vered ta all appearance), and alfo after the relapfe, and of which he died, was a putrid bilious fever, originating in a difordered liver. Now let us collect from the declarations of the following perfons* many of whom the intimate friends of Lord Pigot, what degree of certainty, even in their ideal proof, is eftablifhed by this metaphyfi- cal Court of Inqueft. Meflrs. Pajley and Anderfon, on reviewing the body in prefence of the Twelve, declare, Lord Pigot died of difeafe, as has been al- ready noticed, and nothing unnatural therefore appeared upon the body. Mr. Ruffelt) who fays that from the time of Lord Pigot's laft arrival in India, he was hardly one day abfent from him (excepting when Lord Pigot was at Tanjore), declares, That during Lord Pigot's confinement his health appeared to be very good, until the ffth or Jtxtb day of March, though his Lordfhip's friends thought the difeafe which the Surgeons reprefented to be bilious, might have been lurking in his body for fome time. Suppofe this time to be eight or ten days, becaufe Mr. Ruflell mentions aclually that time ; this, at the utmoft, brings the firft notion of the lurking jlage to the laft week of February. He adds, That Lord Pigot grew better to- wards the end of March, and that he relapfed in the beginning of April. Here then by Mr. Ruflell's declaration (who faw him daily) is the vifible beginning of Lord Pigot's bilious diforder, brought to the I i a fifth ( 244 ) fifth or fixtb of March, and by conjectures of his friends the i beginning, to the laft week of February. Lord Pigot gets to all appearance well, and afterwards relapfes. Mr. Monckton, fon-in-law to Lord. Pigot, declares, That during the firft part of Lord Pigot's confinement, he was in very good health, and that his illnefs was firft apparent about the fourth or fifth of March ; that Lord Pigot towards the end of March got bet- ter a good deal ; early in April he was again taken ill, and conti- nued growing worfe, &c. Now let us fee what Mr. Stone fays : Mr. Stone went to refide at the Mount, the beginning of October. This perfon fays, That Lord Pigot appeared to enjoy a good ftate of health, until the latter end of December, or beginning of January; he (Stone) had already faid^ That his Lordfhip's fpirits from that time appeared not fo good as before, and that he feemed full of anxiety. Mr. Stone adds, That Lord Pigot was taken ill fome time between the firft and eighth of March. N. B. When any perfon gives his opinion, as is the prefent cafe, upon oath, I wifh to attribute all difference of expreflion to fhortnefs of memory, or miftaken judgment of appearances. Here is then a difference of two months as to the beginning of Lord Pigot's difeafe, in the opinion of Mr. Rujfell, who never quit- ted him a day, and alfo of Mr. Monckton^ from that given by Mr. Stone. But Mr. Stone had formed to himfelf a fyftem, and he judged for Lord Pigot differently from his bofom friends, Mr,. RufTell and Mr. Monckton^ and I believe from Lord Pivot himfelf,, *ju o * and every other perfon who then lived at the Mount. Mr. Stone labours to prove. That Lord Pigot's health was directly affected by the letter of the late Government to Bengal, and the re- ports about fending him home by the Lionefs. Now, unluckily for this hypothefis, the dates are as follows : The letter to the Governor-general, and Council for an opinion concerning the removal of Lord Pigot is dated the igtfr of October. The reports current in this fettlement were about 2Oth or sift Octo- ber. The note of Mr. Stratton, which really did remove thefe ap- prehenfions, was dated 7th January; the official notice the 20th January* The. The inference I wifh to draw from thefe two accounts is, that if we fee men in habits of intimacy with Lord Pigot, differ in opinion fo widely even in the vifible outward appearances of his illnefs, how much more reafon have we to diftruft the opinion of people who reafon upon immaterial in'uijibk fubjecls. In (hort, I believe every perfon who was examined, except Mr* Stone, agree in their accounts, that to all outward appearances Lord Pigot enjoyed an uninterrupted ftate of good health until about the beginning of March, and it feems from the examinations to be ge- nerally agreed, that Lord Pigot did unneceflarily expofe himfelf to the fun by working in the garden, appearing without his hat; and perhaps his Lordfhip injured his health by abftaining from the ufual exercife in the chaife ; but this laft fort of exercife, or any other he- thought proper, was in his power at all times to have had if he fa chofe. I fay, therefore, that in what concerns Lord Pigot's illnefs, both firft and fecond, nothing appeared but what may be afcribed to na- tural caufes; I mean fuch as are incident to every perfon in this fet- tlement, whether under reftramt or not ; for I believe there is no law to juftify in fimilar cafes any conjecture or opinion in regard to the impreffions of Lord Pigot's mind upon his body, fo as to infer intentional guilt on the part of thofe who, for reafons of ftate, put fome degree of reftraint upon him, to prevent his entering this for- trefs, which might have been of real bad confequences to himfelf, as well as to his friends, and alib to the public; and if any expreffions. of perfons on examination denote a degree of certainty, that this reftraint did contribute to his illnefs, the utmoft that can be inferred from it is, that it is matter of their private opinion, but no legal evidence or fufficient proof. I fee by the Diary, that the fuppofed Jury had a fixed plan tp in- veftigate thefe operations of the mind, and in confequence examined feveral perfons. I do not think it at all neceflary to repeat what was only their conjectures ; but it well deferves notice what DoElor An derfon pofi lively fwears to, viz. " That Lord Pigot told him be (Lord Pigot) could almoft tell the " day when he became ill; he had been working in the garden till late: 41 in thejiin, that he came in very hot (as Mr. Andcrfon thinks Lord, " Pigot faid) to Mr. Monckfaifs houje and drank fomething (he thinks he faid Punch), and was very much over-beat c.d-> c< Mr. Anderfon afterwards obferves, " That as to the impreflion on <{ the mind of Lord Pigot, occafioned by the attempt to remove him " from the Mount, he thinks in compliment to Lord Pigot's me- *' mory it could have no confiderable effect, becaufe he under/load { that Lord Pigot enjoyed a great degree of health for fome time after to fpeak of myfelf, in my prefent fituation, I fhould not think that by fuch reafoning I was obliged to any perfon, nor would I therefore, look upon him as my real friend. My cafe is fingular enough; I at prefent find myfelf, contrary to every reafonable hope or expectation, or affurance before leaving England, fufpended, and even fuperfeded, in the Company's fervice, by orders of fuperiors at home, without a fault alleged-, unjuftly charged at the fame time with the moft atrocious crime potlible, and fubject to the courfe of law in the fettlement, where i had the honour to command the army, and where I am bold to fay, 1 had confcientioufly done my duty, in every reflect, with the greateft de- gree of felf-denial ; I fay, were I in thefe evident prefent fufferings, to allow my imagination to increafe them by adding or anticipating; other misfortunes, or if I were voluntarily to deny myfelf the pro- per or ufual food, exercife, and amuiement, the natural confequence, in all human probability, would be a fecond fit of illnefs, perhaps fatal ; and if fo, I afk, Would my honourable employers think it juft to be accufed of murder, becaufe they were pleafed to order me to be fufpended or fuperfeded for realbns beft known to themfelves ? No ; I believe that no jury in England would be found to give fuch & verdift ; for my own part, 1 here declare, that fuch fort of re- venge.' venge or recrimination would be a cenfure on my memory, for I fhall endeavour to fhew myfelf fuperior to fuch accidents, and if I die at this time, I truft my friends will fo far refpect my memory, as never to fuppofe, that I fuccumbed under the prefiure of fuch mis- fortunes, or that it was in the power of any man, or body of men, to make me fo far forget the part of a man of true fortitude. I have thus, at more length perhaps than was neceflary for my own defence, as a foldier acting under orders, or for the defence of Lieutenant-colonel Home, Captains Lyfaght and Edingtoun, and others who acted by my orders, entered into the merits of the charge before you, but I hope the public motives will ferve as an apology, becaufe although I am only refponfible for the execution of the orders given me the 23d of Auguft 1776, yet, after the fulleft information from the Gentlemen of the late Government, I took my part, and I did it from the cleareft conviction of the neceffity of the meafure at that crifis ; and therefore I think myfelf interefted on their accounts, as well as my own, to endeavour to carry to your minds the fame degree of conviction. Which I then felt, and now feel in my own mind, as to the neceffity of the times, and as to the innocence of the late adminiftration, with refpect to any wilful in- tentional acts affecting Lord Ergot's health or perfonal fafety. But in regard to my own defence, againft the heavy charge or imputation of wilful murder^ and what refpects the officers or others of the army, mentioned in the fuppofed verdict, I truft from what I have already faid, and from the words and clear meaning of my commiffion, from the practice of military fervice in all countries ; but more particularly, as being held by tire facred oath of fidelity to the Honourable Company, according to my commiffion, which at the time was fubordinate to that of Sir Robert Fletcher, that you, Gentlemen, will fee I was bound to obey the order of him (Sir Ro- bert Fletcher) my fuperior at the time, according to the rules and difcipline of war ; he (Sir Robert Fletcher) was of the Council, and refponfible, and I faw his name joined with a cleaf iMajority of Council, which together 1 obeyed, not only as a foldier, for the reafons already Mated, but as the joint legal reprefentatives of the Honourable Eaft India Company, who had a right to command my obedience, without entering into any explanation, feeing that at the time 1 had no claim to a feat or voice in Council, For For all thefe reafons, and for others which I do not mention, becaufe I truft they muft occur from your own knowledge of the proofs ad- duced, and your equitable conftru&ion of the laws and conftitution both of England and of the Eaft India Company, in the govern- ment of their concerns within this prefidency, I pofitively deny the truth of the charge or imputation conveyed in the fuppofed verdict, and declare in your prefence, before God, and to all the world, that I am not, in any fenfe or refpeft, either by act, in- tention, or thought, guilty of the wilful murder of the late Lord Pigot. (Signed) Kk J [70 Court of Dire&ors in their Letter of the f ith of June 1777? having ordered the feveral Members of the Madras Council to proceed to England, Mr. Stratton and Mr. Brooke, a few days after the termination of the pro-, ceedlngs before the yuflices^ fet out over - la?: d for Anjengo,- having fometlme before ordered a veffel to meet them there &nd carry them to Suez. The 'other Members of the Council who remained at Ma- dras for an opportunity of returning by fea y had agreed to raife a criminal aEkion agalnfl Mr. Ram, the Hon. Mr. Monckton, and other s^ concerned in holding this Inqueft^ as having wilfully and malicioujly confpired to deprive them of their lives and good fame^ and praying fuch redrefs as the enormity of the cafe required^ for the public fafety, as well as for the vindication of their honour. This intended profecutlon having been made known to the Governor and Council at Madras, they^ for reafons of go- vernment^ expreffed an earnejl defer e that it Jhould be delay- edf or a time. In compliance with this requefl of the Governor and Council it was agreed to wave it until the meeting of the Quarter Sejfions in January 1778; but when that time came^ the fame public reafons ftlll fubjifting^ the Gentlemen who were to have carried on this profecutlon addreffed the follow-- ing Utter to the Governor and Council^ To the Honourable JOHN WHITE PI ILL, E/y; Prefuknt and Governor, 6'- Council of -EpRT ST. GEORGE. . ... T , .^ , r- - i i "i r ' r ' T - , ' ' r IE public recorcis-, Vvluch we fuppofe arc tranirmtted to the Honourable Company, will iliew in wha< manner we have been illegally and malicioufly treated, /by certain perfons within this Set- tlement, who promoted and took part in the fuppofed Coroner's Inqueft and Verdict, foofr after- the demife of the late Lord Pigot. So far as depcmdtd on Jthofe promoters, or members, of^the iuppofdd Court of Inqueft, our, characters, our fortunes, and our lives, we're brought in danger. The conduct of that illegal and partial meet- ing, held under the borrowed name of Englifh Law, has been, as you knowy condemned by the unanimous opinion of the Judges at Bengal, an.d by the Court of Seffions here, and of courfe afforded usfjuft grounds for ample fatisfaction, if we had had folely in view our own private paflions or feelings. We thought it our duty fome weeks ago, to reprefent to you-, that, on public ground, as well as for private redrefs to individuals, who had been illegally accufed and confined, we meant to commence a criminal prolecution againft thofe perfons for a coufpiracy. Your ftating to us the then fituation of the Settlement, and in what degree you fuppofed fuch a profecution might affect its peace and welfare, and the intereft of the Eaft India C ompany, had fuch weight with us, that, without hefitation, we refolved to facrifice all our private feelings of injury, to what you thought would tend to the good of the Honourable Company's affairs, by waving all pro- fecution until the meeting of the Quarter Seffions, to be held this day. We now acquaint you, that although we are fully convinced, that the laws of our country would afford us ample redrefs for the illegal treatment we have met with ; yet, as the fame reafons fubfift K k 2 at at this prefent hour, which you then urged, in exprefling your wifhe that the profecution might be waved, we now take occafion to declare, that, we will not, at this time, proceed further, in a bufi- nefs which might neceflarily draw your attention from the affairs of Government intrufted to you ; and we doubt not, from this re- prefentation of our genuine fentiments and of the uniform conduct we have obferved ever fmce in the Company's orders f have been known to us, that they will do us the juftice to believe, that the public good has been the leading principle of our conduct. We are, Honourable Sir and Sirs, 9ort St. George, Your moft obedient and I 4 th January 177!, moft humble fervants, (Signed) . JAMES STUART, GEO. MACK AY, ARCH. PALMER, CHARLES FLOYER. w To Brigadier General JAMES STUART. GEORGE MACKAY, "I ARCH. PALMER, and > Efquirei. CHARLES FLOYER, j GENTLEMEN, E have received your letter of the I4th inftant, and it is with pleafure we obferve from it, a difpofition in you to avoid any act, that might tend todifturb the happy ftate of tranquility, to which this Settlement hath of late been reftored. The welfare of the Company's affairs fo indifpenfably requires a continuance of that tranquillity, that we cannot but exprefs our fatisfaction at the regard you have {hewn for the Company's intereft, by fuppreffing all feelings of private injury, and refraining from a profecution, which, in its confequences, might prove detrimental to their affairs. In this light, we mean to reprefent your conduct in this inftance, as well as in that of a few weeks ago, to the Honourable the Court of Directors, and in the mean time, we have been induced to fignify thus much to you, as a public mark of our approbation. We are, Gentlemen, Fort St. George, anuary 1778, iour moft obedient fervants, (Signed) JOHN WHITEHILL, CHARLES SMITH, SAM. JOHNSON, P. PEERING. Extraft of a Letter from the Governor and Council of Madras to, the Court of Directors of the Eaft India Com- pany -, received by the Houghton in Auguft 1778. IT is wjth pleafure that we now inform your Honors, that fince the termination of the above profecution*, your Settlement hath gradually returned to its former tranquility and good order; and is at prefent in- a much happier ftate than could reafonably. have been expe&ed, coniidering the violent animofities with which we found it agitated, when we firft took upon us the management of your affairs. We have made it our ftudy, in every inftance, to conciliate the differ- ences which had fome time fubfilied betwixt your fervants and others, refiding within this Settlement, and have the greateft fads [action in -affuring you, that our endeavours have met with fucceis. It is a juftice, however, that we particularly owe to the Members of the late Government, to obferve to your Honors, that their leading example in (hewing the moft implicit fubmiflion to your orders, for eftablifhing your new adminiftration, has been of the greateft ufe in reftoring that harmony and good .underftanding we have juft fpoken of. But, befides the general tenor of their behaviour as individuals, of which we have been eye-witnefles, we beg leave to refer you to the letter figned by General Stuart, Meflrs. Mackay, Palmer, and Floyer, and to the anfwer which we thought proper to make to thefe Gentlemen, who, for the peace of the Settlement, and with a view- to the welfare of your affairs, have agreed to wave the agitation of queftions at this time, which muft neceffarily have taken our atten- tion from the immediate bufmefs of your government. The Inqueft. FINIS, ERRATA. Page j-. laft line, for Monckto, read Monckton. 17. line 29. for L. Gifon, read"L. Gipfon. 25. 12. y#r Quarter Surs, ra^/ Quarter Seers. 35. 36. for Subfidar, read Subidar. 381 26. for confcious, read cautious. 39. 22. for Edward Hughes, read Sir Edward Hughes. 56. 22. for Lorn Pigot, read Lord Pigot. 72. 20. y~0rabile, read bile 84. 7. y$r at Major at Home's, read*\. Major Home's. 85* 35- y^ r Mr. Gifon, ra^ Mr- Gipfon. 88. 27. for Major Home, read Major Home. 1 10. 19. for I have only obferve, read I have only to obferve. 162. 32. for in an humble legal manner, read in an open and a legal manner. 169. 5. for Sal Rochelle, Mannacrum, T. & Tamarends, read Sal Rochelle^ Manna, Craem. T. & Tamarinds. 190. ii. for Mr. Edward Trowd r read Mr. Edward Frowd. ANSWER T O A PAPER, intitled, The Cafe of Lord PIGOT, DISTRIBUTED At the Door of the HOUSE OF COMMONS, On MONDAY, the 29th MARCH laft ; WHEN THE Confideration of the Condudt of the Council of MADRAS flood the Order of the Day. On the Part of Mr. STRATTON and the Majority of Council. Printed i5th APRIL, 1779. . boo/1 ANSWER T O LORD P I G T's CASE. THE accidental death of Lord Pigot, during the late unhappy difturbances at Madras, had, by the artifices and falfehoods of bad men, raifed a ftrong and almoft univerfal prepofieflion againft the authors of his imprifonment, before the arrival either of themfelves, or of the evidence neceflary to proted them. That unfortunate event became a powerful and dangerous weapon in the hands of their enemies here; as, by an infamous impofition on feelings very honourable to the human mind, it enabled them to fub- ject their conduct to the dominion of prejudice and paffion, which would otherwife have been impartially meafured upon the fcale of poli- tical neceflity and law. To thofe who are acquainted with the modes by which prejudices of all kinds are kept up, even when the evidences of their falfehood lie within univerfal reach, and open to the moft vulgar obfervation, it will not be a fubjeft of furprife, that the Majority of the Council, whofe juftification depended upon fa&s the proofs of which were involved in a long train of circumftances, and lying at an immenfe diftance, fhould be obliged, for a feafon, to rely on the acquittal of their own con- fciences and the protection of their friends, without offering any au- B thoritative thoritative defence to the Public of their fuppofed ufurpation and fub- verfion of the Government of Fort St. George. They, befides, thought it their duty to await the decifion of their immediate fuperiors, to whom they were in the firft inftance refpon- fible, and who had directed a regular inquiry to be made into the fads necefiary to found a judgment on their conduct j a judgment which they would ftill have awaited, had not an immediate attention to their honour and fafety obliged them to make this perfonal appeal to the juftice of their fellow-citizens. .The public diftribution of a paper, called the Cafe of Lord Pigot* to all the Members of the Houfe of Commons, for the evident purpofe of precipitately promoting fome refolutions hoflile to their characters and fafety, laid them under the neceflity of endeavouring to counteract fuch purpofe by the fame channel ; the various publications containing their defence at large, being too voluminous to circulate.. So extraordinary a violation of the chafle and decent rules of public juftice alarmed them : they believe it is the firft public canvas for a criminal profecution, that ever exifted in this free country; the firft indictment againft Englifhmen that was ever circulated amongft the people's reprefentadves at the door of the Houfe of Commons. When the Houfe, indeed, is aflembled upon the enaction of public laws, which may involve in their confequences the infringement of private rights, the indulgence of the Legiflature permits the fubject to petition it, and even to folicit and inftruct its component members by fuch a diftribution of Cafes ; but when it is afiembling to deliberate upon grounds of public policy and juftice, whether it fhall deliver up fubjects, ( 3 ) i fubjeds, though not regularly impeached before them, as vidims to more than the laws ; to a fpecies of profecution repugnant to their fpirit, and beyond their ordinary powers; for any private individual, on fuch a public occafion, actuated by private refentment, to circulate a falfe and criminal charge againft the objects of fuch inquiry, even in the very hour of judgment , is an oppreffion of them, which can only be equalled by the ftab it gives to the public fecurity, and the infult it offers to the Houfe. . They are the more cruelly fituated on this occafion, inafmuch as cir- cumftances take off from the impreflion which fuch an unjuft and un- precedented conduct would otherwife produce in their favour. The feelings of a brother are, in many minds, a full juftification, and ope- rate even in theirs as an excufe. It is not their wifh to infult bis feel- ings, but to prevent yours from being abufed: they, too, have connec- tions, whofe feelings call for equal attention ; the honor of the living is as facred a call on humanity and juftice, as the memory of the dead. The publication of Lord Pigot's Cafe is profefled not to be intended to bias opinion, or to captivate favour, but to confift only of a naked re- capitulation of fads, faithfully ftated in chronological order, 'without one argument or inference. How far, therefore, the fads are faithfully dated, and how far the omiflion of all argument and inference is a proof of the fairnefs it pre- tends to, they likewife fubmit to the candour and good fenfe of the reader. The charge againft the Majority of the Council being for an ufurp- ation and fubverfion of the Government of Madras, the firft point B 2 ' tO ( 4 ) to be inquired into muft neceflarily be, where, or in whom, this Go- vernment fo ufurped and fubverted, refided ; becaufe usurpation and fubverfion do in this cafe, imply, that a part of the Government had aflumed a fupremacy not vefted in it, in derogation of fome other part of it, in which fuch fupremacy either fingly or concomitantly exifted. If the Prefident be an integral fubftantive part of the Government of Fort St. George, by which his concurrence becomes neceflary to every act of the Council, the Majority have erred ; and their conduct can ad* mit of no palliation or excufe, but that of error in judgment, or a mif- conception of authority. If, on the other hand, the Prefident be not an integral part of the Government, but only the firft in Council, and bound by the acts of the Majority, then it is impoffible to fay that fuch Majority have lifurped or fubverted the Government : for how can any power be faid to be ufurped, which belongs of right to the party exercifmg it, or a Government be faid to be fubverted by the authority of the very pow- ers which conftitute it ? This, therefore, is not only the obvious ifTue on which to try the charge in queftion (Lord Pigot himfelf having in fact, aflumed fuch power as Prefident), but the iflue they are exprefsly called upon to join with the writers of his Cafe diftributed at the door of the Houfe, who &y, " That Lord Pigot, convinced he had the fame negative upon the proceedings of the Council, as the Council had upon the proceedings of the Governor, and that as no act of his could be an act of Go- vernment without their confent, fo neither could any act of theirs be an act of Government without his confent, did not take upon him to ** order Mr. Ruffel to proceed without the confent of the Majority, I but *' *' 'If; ( $ ) " but confined himfelf to a fimple refufal of putting the queftion, for (t taking into confideratlon the draught of inftrudions to Colonel Stu- " art, determined, becaufe he thought it necejfary fo to determine, that " both appointments fhould take place together, or not to confent to " the fending Colonel Stuart, till the Company's pleafure was " rity fhall be the order by which each one is to act ; and every indiv " ridual perfon, even the difTenters themfelves, are to perform their " parts in the profecution. thereof." The agreement of the Majority being denominated an order, mews as clearly as language can do, that obedience is expected to their de- termination ; and it is equally plain, that no conftituent Member of that Government can fruftrate or counteract fuch order, fince each in- dividual, even the diffenters themfelves, are commanded to act in conformity to it, and to perform their parts in the profecution thereof. In writing to difpaflionate men, it is almoit needlefs to add any arguments to {hew, that thePrefident's claim to refufe to put a queftion adopted by a Majority of Council, ftands upon the very fame grounds as his claim to a negative on their proceedings ; and that if the firft C be be overturned, the fecond muft fall along with it : for if he be not an integral part of the Government, and his concurrence be confequently Hot neceflary to conftitute an act of it, then his office as Prefident, with TefpeEl to putting queflions^ muft- neceflarily be only minifterial, and he cannot obftruct the proceedings by refufing to put them ; for if he could, his power would be equal, in effect, to that of an integral part-; 'and it would be a ftrange folecifrh indeed, if at the fame time that all the affairs of the Government were to be managed and ordered by the opinions of a Majority, the Prefident could prevent fuch opinions from ever being collected; and at the fame time that their acts \vould bind him, could prevent fuch acts from ever taking place. But it is altogether unneceffary to explain by argument and inference; that which the Company, who are certainly the beft judges of their own tneaning, have explained themfetves in abfolute and unequivocal terms by their inftructions fent by Mr. Whitehill to Madras, explanatory- of the new commiflion, by which they exprefsly declare the Government: 'to be in the major, part of the Council ; giving the Prefident, or the" Senior Councillor in his abfence, a carting vote; and. dired that every 1 queftion propofed in writing by any Member of Council fhall be put by the Governor, or, in his abfence, by the fenior Member acting- as JPrefident for the time being ; and that every queftion carried by a ma- jority fhall be deemed the Act of the Prefident and Council . Had thefe regulations been made part of the new commiflion, they* might have been confidered as a new eflablifhment, and not as a recog- nition of the former Government ; and confequently fuch: regulations, fubfequent to the difturbar.ces, could be no protection for the Majority acting under the former commifnon. But the caution of the Eaft-India Company to exclude the poflibility of fuch a conftruction is moftftriking and and remarkable. Sitting down to frame a new commiflion, under the immediate preflure of the difficulties that had ariien from the equivocal exprefiions of the former, they, neverthelefs, adopt and preferve the very fame words in all the parts on which the difpute arofe ; the two commifiions differing in nothing, except in the fpecial preamble re- ftoring Lord Pigot. And the object of this caution is felf-evident; be- caufe if, inftead of thus preferving the fame form, and fending out collateral inft ructions to explain it, they had rendered the new com- miffion more precife and unequivocal by new modes of expreffion, it would have carried the appearance of a new eftablifhment of what the Government fhould in future be, and not as a recognition and defini- tion of what it always had been. But by thus ufmg the fame form of commiflion, and accompanying it with explanatory regulations, they, beyond all difpute, pronounced the former commiflion always to have implied what they exprefsly declare the latter to be ; as it is impoflible to fuppofe, that the Company would make ufe of the fame form of words to exprefs delegations of authority diametrically oppofite to each other. Indeed, the uniform determinations of the Directors on every oc- cafion where this queftion has been referred to them, have been in favour of the Majority of Council. Even fo late as the 21 ft April 1777, fubfequent to the difturbances at Madras, it will be found upon their records to have been refolved by ballot, u That the powers " contended for, and aflumed by Lord Pigot, are neither known in " the conftitution of the Company, nor authorifed by charter, nor " warranted by any orders or. inftructions of the Court of Directors." It is clear, therefore, beyond all controverfy, that the Prefident and Council were at all times bound and concluded by the decifion of the Majority ; and that it was his duty to put every queftion propofed by any member of the board. C 2 To To all this, however, they are aware it may be anfwered, That it does not follow, becaufe the Prefident has no negative, and becaufe he is bound in duty to act minifterially in putting every queftion regularly propofed by a member, that therefore, on his refufal, they may act validly without him ; that there are many corporations in England, in which the head, although he has no negative on the proceedings of the other conftituent parts, muft, neverthelefs, be prefent, and affifting mi- nifterially in all acts of the corporation, without which they are invalid j and that although the head refufes to act, they cannot aflemble and act without him. This is indifputably true, but it cannot by the remoteft analogy apply in common fenfe to the cafe in queftion ; becaufe no cafe of neceffity can ever by any poffibility occur, in England, to juftify the xnoft upright proceeding of a public body out of technical form ; be- caufe if the head of any corporation in England, whofe prefence or minifterial afiiftance is neceflary to an act of it, refufes to be prefent, or to do that act without which all bufinefs would flop, and the ends of the corporation be fruftrated and defeated, the fuperior powers of the Government are at hand to compel him. The Court of King's Bench will inftantly enjoin him, by mandamus, to do the fpecific act which it is his duty to do, and will imprifon him if he refufes. The legal remedy, therefore, excludes the neceflity, which can alone vindicate the irregularity. But in fubordinate Governments, placed at the oppofite iide of the globe from the fountains of their authority, the cafe is very different: The ruling powers of fuch Governments, although they are bound to act in ftrict form as long as each part by acting up to the ends of its eftablifhment will permit fuch forms to operate ; yet when they can no longer operate, the ruling powers muft either fur- render their trufts, and fuffer the Government to be annihilated (there being no fuperior coercive authority to compel the refractory part to perform its duty), or elfe they muft, at their own difcretion, de- 4 vifc ( '3 ) vife Tome other form to exercife the powers vefted in them, at their difcretwn \ becaufe, as has been already faid, exprefs provifion is never made for cafes which fuppofe the Government eftablilhed to fall off from the ends of its inftitution. The ordinary powers of the Government of Madras being thus proved to have refided in the Majority of the Council, it now only remains to (hew, by a fhort ftate of fads, the neceflity which impelled the extraordinary, and otherwife unwarrantable, exercife of fuch powers, in fufpending and imprifoning Lord Pigot ; for they once more enter a proteft againft being thought to have afTumed and exer- cifed fuch power as incident to their commiflion while the Government fubfifted. It is their bufinefs to fliew, that as long as the Government continued to fubfift, they faithfully acted their parts in it ; and that it was not till after a total fubverfion of it by an arbitrary fufpenfion of the governing powers, that they aflerted their own rights, and reftorect the Government by reafluining them. It would be wholly to defeat the purpofe of thefe pages, were to fwell them beyond the compafs of curfory inveftigation, by minutely tracing the caufes of thofe differences in opinion which gave rife to the difturbances in the Government of Madras, or all the progrelfivc ftages which brought them to the crifis in queftion. Such details would be very eflential, as a juftification of their con- duct to the Company, and are already to be found at length upon their records : they have likewife been confidered by theirs and the Nation's- fuperintending Servants in India, the Supreme Council at Bengal, who have approved of the conduct of the Majority. And it will- be matter of high rejoicing and fatisfadion to themj to fee thefe Hiatters brought likewife before a Committee of the Nation's Re- grefentative* prefentatives here, if there fhall appear to the Houfe to be grounds to call for them. It is not their wilh to fkulk from inquiry, but toefcape from prejudice : All that .is defigned by thefe Obfervations is, by placing themfelves upon legal grounds, and by fhewing that the ats they did were neceflary for the difcharge of the high trufts delegated to them by the Company, to throw it upon their accufers to prove a corrupt abufe of them, that they may not be haftily delivered over to the ignominy of a public profecution, without evidence of their guilt. They will, therefore, confine themfelves to the inftances in which the Prefident claimed an authority which appeared to them to be fubverfive of the Government, and which they could not fubmit to, without a high breach of truft to the Company ; and by faithfully reciting the confequences that followed from their maintaining the authority of the Government againft Lord Pigot's illegal and arbitrary ufurpations, fubmit it to the Reader, how far men are to be proceeded againft as criminals, for ats impofed upon them by public duty. The Writer of Lord Pigot's Cafe admits, that on the 8th of July he refufed, as Prefident, to put a queftion to the Board (upon the re- gular motion of a Member) for refcinding a refolution before entered into. This refufal left the Majority no choice between an abfolute fur- render of their trufts, and an exercife of them without his minifterial affiftance. Not that they admit fuch affiftance to be neceflary by the conftitution of the Government, which declares the a&s of the Ma- jority to be ads of the Prefident and Council, though he be diflentient. But taking it to be neceflary (in order to prevent all cavil), ftill there was no other alternative, in the abfence of a fuperior coercive autho- rity to compel him to a fpecific performance of his duty. But they proceeded no farther than the neceflity juftified ; they did not extend i the ( '5 ) the irregularity (if any there was) beyond the political urgency of the occafiom Although their conftitutional rights were infringed by the Prefident's claim, they formed no plan for their general vindication, but contented themfelves with declaring on that particular occafion, that as the Government refided in them, the Prefident ought not to re- fufe putting the queftion; and that the refolution ought to be re- fcinded. When the Prefident again refufed to put the queftion, in the month following, for taking into confideration the draught of inftructionsto Colonel Stuart (which was the immediate caufe of all the difturbances that followed), they again preferred the fame moderation, and never dreamt of any further vindication of their authority thus ufurped, than fhould be abfolutely neceflary for the performance of the trufts delegated to them by the Company, which they fhould have confidered as trea- chery to have deferted. They lamented the neceflity of departing even from form ; and therefore, although the Prefident's refolution to eman- cipate himfelf from their conftitutional controul, was avowed upon the public Minutes of the Confultation, they firft adjourned without coming to any refolution at all, in hopes of obtaining formality and regularity to their proceedings, by the Prefident's concurrence. Dif- appointed in that hope, by his perfevering to refufe, and driven to the neceffity of either furrendering their legal authority, or of devifing fome other means of exercifmg it, without his perfonal concurrence, having (as before obferved) no procefs to compel him to give it, they pafied a vote, approving of the inftruclions ; and wrote a letter to Co- lonel Harper, containing orders to deliver the- command to Colonel Stuart ; but did not proceed to fign it at that Confultation, ftilt hoping, by an adjournment, to gain Lord Pigot's fan&ion to ads" legal legal in all points by the conftitution of the Government, except per- haps in wanting that form which it was his duty to give them. The ufe which Lord Pigot made of this flownefs of the Majority to vindicate the decided rights and fpirit of the Government by a depar- ture from even its undecided forms, notwithstanding the political ne- ceffity which arofe fingly from his own illegal refufal, is very luckily re- corded by one of his Lordfliip's particular friends in Council, and a party to the tranfaction. As it would have been otherwife too much to have expected full credit to it from the moft impartial mind : they therefore give it in Mr. Dalrymple's own words, and defire no other indulgence from the reader, than to keep in his recollection, while he reads it, the propofition by which they muft ftand or fall, and which, they truft, is already in full proof; namely, that the Government refided in the Majority, and that their acts were binding on the Prefident and Council. " It had been difcuiTed, fays Mr. Dairy m pie, before the Council " met, what meafures could be taken to fupport the Government efta- " blifhed by the Company, in cafe the Majority fhould ftill perfift in " their refolution to come to no compromife, or reference of the mat- " ter in queftion to the decision of the Court of Directors, but to carry things to extremity. One mode occurred to Lord Pigot, viz. by putting Colonel Stuart in arreft, if he obeyed an order without the Governor's concurrence. To this many objections arofe. Co- lonel Stuart might contrive to receive the orders without the garri- fan; and confequently, by the new military regulations, not be " liable to the Governor's arreft. If he was arrefted, the Majority " would of courfe refufe to iffue a warrant for a Court-martial, and <{ confufion and difgrace muft be the confequence. "The ** ** ( '7 ) ct The only expedient that occurred to any of us was, to ground " a charge, in cafe of making their declaration, in the name of the " Council, inftead of the Prefident and Council : but here an appre- " henfion arofe, that they would fee this impropriety, and exprefs " their order, not in the name of the Council, as they had hinted, " but in the name of the Prefident and Council, maintaining that the < Majority conftituted the efficient Board of Prefident and Council. " In this cafe we could devife no meafure to be purfued confident with * c the rules of the fervice ; but Lord Pigot faid, there was no fear of " this, as he infifted the Secretary would not dare to iflue any order in his name* when he forbade it. It was impoflible to know whether Sir Robert Fletcher would attend or not ; it was neceflary to have every thing prepared, that nothing might be to be done in Council. " The Company's orders required the charge to be in writing: the " Governor ', therefore^ had in his pocket charges prepared for every " probable contingence-, whether they began at the eldeft or the " youngeft, and whether the form was an order from themfelves, or ' an order to the Secretary, and whether Sir Robert Fletcher was " prefent or not; it was agreed that the firft of us, to whom the " paper was prefented for figning, fhould immediately hand it to the *' Prefident, who was then to produce the charge. The ftanding or- " ders directing, that Members againft whom a charge is made, fhould " have no feat, the Members charged were of courfe deprived of their " votes. As our ideas went no farther than relieving the Governor " from the compulfion the Majority wanted to lay him under y it was " determined to fufpend no more than the necefTity of the circumftance " required." With this fnare laid for them, during the interval of that adjourn- ment which their moderation had led them to, the Council met on the sad of Auguft, and, after having recorded their diflent from the Prefi- D dent's <( ( '8 ) dent's illegal claim to a negative on their proceedings, by refuiing to perform his part in the profecution of them (though ftriclly enjoined thereto by the ftanding orders of the Company), and in which refufal he ftill obftinately perfifted; they entered a minute, declaring it as their opinion, that the refolution of the Council fhould be carried into execution without further delay, and that the inftruclions to Colonel Stuart, and the letter to Colonel Harper, fhould be figned by the Secre- tary, by order of Council. This minute was regularly figned by a Majority, and the Prefident having again pofitively refufed his concurrence, they prepared the fol- lowing letter to Mr. Secretary Sullivan : SIR, " WE, the Majority of the Board, having approved of the inftruc- " tions to Colonel Stuart, and the letter to Lieutenant-Colonel Harper ; " and the Prefident not only having refufed to fign the fame himfelf, " but alfo refufed to order you to do it; we are reduced to the difagree- " able neceflity of directing you to fign the faid inftruclions and letter, " by order of Council, and fend them to Colonel Stuart.'* The letter thus written in the name of the Majority > and under their moft public and avowed aufpices, it was the immediate purpofe of all of them to have figned, in purfuance of the minute they had juft be- fore delivered in, expreflive of their authority to that purpofe. But the Prefident, according to the ingenious plan preconcerted during the adjournment, fnatched the paper from Mr. Brooke after he and Mr. Stratton had figned it, before the reft of the Majority could put their names to it ; and pulling a written accufation out of his pocket, charged them as being guilty of an adt fubverfive of the government, put the queftion of fufpenfion on both at once> and ordered the Secre- tary ( 19 ) tary to take neither of their votes ; which, according to Mr. Dalrym- ple's ceconomical fcheme of illegality, exactly got rid of the Majority by his own (the accufer^s) cafting-vote. The weaknefs and abfurdity of the principle (if it deferves the name) on which this fufpenfion was founded, creates a difficulty in ferioufly expofing it by arguments : yet as it produced all the confe- quences that followed, they cannot difmifs it without the following remarks. Firft, it was a grofs violation of the conftitution of the government, even admitting him to have been that integral part of it which he af- fumed to be ; for the eftablifhmentof that claim could only have given him a negative on the proceedings of a Majority, but never could have enabled him to fabricate one fo as to do pofitive ads. The fudden charge and fufpenfion of MefTrs. Stratton and Brooke, and breaking the Majority by putting the queftion on both at once, would therefore have been irregular, even fuppofing the concurrence of the Majority to the act which conftituted the charge againft them to have been un- known to Lord Pigot, and the Minority who voted with him. But when their concurrence was perfectly known ; when the Majority of the Board had juft before publicly delivered in a minute expreflive of their right to authorife the Secretary to fign the order, if the Prefident refufed to do it ; when the order was avowedly drawn out in pur- fuance of that minute, which made the whole one act, and was in the regular courfe of figning by the Majority, who had juft before declared their authority to fign it ; the fnatching the paper tinder fuch cir- cumftances, while unfinifhed, and arraigning thofe who had already figned it under the aufpices of the Majority, as being guilty of an act fubverfive of the government lodged in that Majority, and turning it D 2 into ( 20 ) into a Minority by Deluding the votes of the parties charged, was a trick upon the governing powers, which they could neither have fub- mitted to with honour to themfelves, or duty to their employers. Mr. Dalrymple is indeed every way unfortunate in his ftate of this extraordinary proceeding. His party might with great reafon charge him with an ad fubverfive of their government ; for he overturns the very principle on which they alone pretend to have a&ed. He con- fefles an apprehenfion left the Majority fhould have exprerTed their order, not in the name of the Council, as they had hinted, but in the name of the Prefident and Council, maintaining that the Majority conftituted the efficient Board of Prefident and Council ; in which cafe, fays he, we could not have purfued any meafure confiftent with the rules of the fervice. What is this but admitting the government to be in the Majority, and that the Prefident has no negative ? For if the government was not in the Majority, and the Prefident had a negative, then fuch an order to the Secretary, figned by the Majority, to do an aft without the Prefident's concurrence, would have been moft evi- dently equally fubverfive of the government, whether the Prefident were named in it or not ; for how could ufmg the Prefident's name cure the criminality, if they had no authority to ufe it ? On the contrary, the prefumption of putting his name to an order which they could not poflibly have an authority to make at all, in any form whatever, with- out his concurrence, if he had a negative on their proceedings, would have made the act more criminal than ifluing it without his name. It is impoflible, therefore, to deny, that Mr. Dalrymple, when he ad- mits the impoflibility of devifing a regular charge, if the Majority had iffued their order in the name of the Prefident and Council, likewife admits the right of the Majority fo to have iffued it ; a right which they could not poflibly have by any conftrudion of law, if the Prefi- dent had a negative on their proceedings. 3 Thus, Thus, by their own ftate of the cafe, the error was merely in form, and not in fubftance ; an objection which is altogether abfurd, when it is reflected, that the right of changing forms is incident to the Su- preme Power, wherever it is lodged. The Supreme Legiflative Power may at any time alter the executive ; which is the reafon that in Eng- land the King is made a branch of it, to protect the independency of the Prerogative, which would otherwife be at the mercy of the two Houfes of Parliament, who might place the execution of the laws in any hands they pleafed. If, therefore, the Majority of the Council were invefted with the fupreme governing powers at Madras, and the Prefident was not an integral part, but bound by their acts; then, however they might be amenable to the Company for changing the executive form they had prefcribed to them (which they readily admit themfelves to be, and only juftifiable by the neceflity), yet they could not poflibly be called to an account there by any members of the Coun- cil; becaufe any charge by the inferior powers of a government againft the powers conftituting it, for an act fubverfive of it, is an abfolute contradiction in terms, and wholly unintelligible. Such a power, however, Lord Pigot afTumed over the Government of Fort St. George, by converting an act of the Majority, rendered necefiary by his refufal to do his duty, into a criminal charge againft two Members acting under their authority ; and by a trick too mallow to impofe on the meaneft understanding, cut them off from acting as part of that Majority ; by which the powers of the Government were fubverted and pafied away from them, while they were in the very act of faving them from fubverfion. They truft that, to candid men, it is unneceflary to fay that they were neither called upon in duty, nor even authorifed, had they been willing, willing, to attend the fummons of a Board fo conftituted by the fouleft ufurpation ; a Board at which they muft either have facrificed their confciences and judgments, or become the vain oppofers of meafures deftructive to the interefts of their employers. They therefore aflembled, and anfwered the illegal fummons by a public proteft againft the ufurped authority by which it iflued. To this Council, aflembled for the fingle purpofe of fending fuch proteft, they did not indeed fummon the fubverters of the Government, againft whom it was levelled ; affairs were arrived at too dangerous a crifis to facrifice fubftance to forms, which it is impoflible fhould have been regarded. Lord Pigot and his aflbciates, on receiving the proteft againft the pro- ceedings of the sad of Auguft, completed the fubverfion of the Con- ftitution, by the fufpenfion of the reft of the Majority of the Coun- cil j and ordered Sir Robert Fletcher, the Commander in Chief, to be put under arreft to be tried by a Court-martial ', for averting the rights of the civil Government as a Member of the Council. This was a crifis in which it was neceflary to act with decifion, and in aflert- ing their rights, by civil authority, to fave the impending confequences of tumult and blood. The period of temporifing was paft ; and there was no doubt of what it was their duty to do. Charged with the powers of the Government, they could not furrender them with ho- nour ; and it was impoflible to maintain them with fafety or effecl, while their legal authority was treated as ufurpation and rebellion. They therefore held a Council, and agreed, that the fortrefs and garrifon fhould be in their hands, and under their command, as the legal reprefentatives of the Company ; and as there was every thing to dread from the intemperance of Lord Pigot's difpofition, they at the feme time authorifed Colonel Stuart to arreft his perfon, if he thought it neceflary to preferve the peace of the Settlement. The ( 23 ) The manner in which Colonel Stuart performed this difficult and critical fervice has been the caufe of much cruel and groundlefs ca- lumny againft him ; but from which, however, he has fo ably de- fended himfelf, and has had the vindication of a Brother of fuch great abilities and deferved popularity, that it is unneceflary to enlarge upon that head ; more efpecially as his conduct is not the prefent fubject of inquiry. This imprifonment is the only part of their Cafe which does not ftand upon the bafis of law ; and therefore they do not attempt to cover it by a legal justification. But thejuftnefs of the motives, the urgency of the neceflity, and the moderation of the execution, they truft, cannot fail to operate as a complete indemnity. The (hocking infmuation conveyed by the concluding fentence of the Cafe, founded upon the judgment of an infamous tribunal (which has been already branded as illegal, and the confpirators of which they are preparing to bring to juftice}, is unworthy of an anfwer. The public manner in which Lord Pigot was permitted to live in the midft of his friends, and the repeated offers made to him of li- berty, if he would leave Madras, it being dangerous to give him that liberty there, are facts fufficiently notorious. No event indeed could in its iffue be fo unfortunate for them as his death. They had no perfonal enmity towards him, and it has furnifhed malice with the moft cruel weapons againft them, It has ftirred up private enmity to warp the courfe of public juftice ; fhut up the bofoms of fome, whofe benevolence might have fhielded them ; and blinded the underftand- ings of others, whofe wifdom might have pleaded their caufe. They are confident, however, that fuch arts will make no impreflion on the auguft body, to whofe decifion they fmcerely thank their ene- mies mies for fubmitting their conduct ; inafrnuch as It can protect their innocence, if It finds it ; whereas the Courts below could only, per- haps, mitigate a punifhment they might be bound without moral guilt to inflict. They are convinced the Englifh Houfe of Commons will not haftily, and without inquiry, deliver over men to the laws, who avow that they have violated them from public neceffity, called upon by a duty paramount to the common obligations of obedience they owed .to them as private men. They are well aflured, that they will reflect upon the hardfhips they would entail on the moft ufeful Servants of .the State, if the fuperior duty were left with- out protection from the law againft the infringement of the infe- rior. They will look back to their own ftatutes, which ftand as eternal records of the protection which Parliament has afforded to good men, from the punifhment which virtuous laws and virtuous judges muft otherwife have inflicted upon virtue, and grant them protection, if they be found undeferving of punifhment. They have no boon to afk, b,ut that which Erjglifhmen may boldly afk from their own reprefentatives : Not to condemn them unheard ; not to fend them down to trial, under fuch circumftances, with the prejudice of a vote of the Houfe of Commons againft them, with- out evidence of fomething more than illegality ; which, in the iflue, may prove meritorious, after they are in the hands of the prerogative, and out of the reach of their protection. F I N I S. UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below 2 8 1963* REID BOOK BOX JAN 1 9 1963 Form L-9 2dm -1,' 12 (851!)) i ." ;