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1045] Proceedings against George Stratton and others. A. D. 1779. [1046 the subject against the dean or the printer Twyford, near Winchester, was celebrated by employed by him. His adversaries were, it the inhabitants of the neighbourhood. is believed, sufficiently disposed to distress him; but they were probably aware of the consequences of bringing the doctrines main

ADDENDUM
tained by the court of King's-bench into a
second public examination.*

To the Note in page 857.
Together with the office of Chief Justice of

Chester, Mr. Kenyon held that of the King's In the New Annual Register (Principal Oc- | Attorney General. There would have been eurrences, p. 97) for the year 1784, is given something unseemly in that officer's presiding under date December 4th, an account of bon- at the trial of an indictment for the publicafires, illuminations, and other testimonies of tion of a seditious libel. With respect to the attachment and gratulation, with which, in King's Attorney General's holding the office honour of the dean's concern in this case, his of Chief Justice of Chester, see sir Samuel arrival at the house of his venerable father at Romilly's observations in the House of Com

mons, March 1, 1814. New Parl. Deb. vol. Note to lord Erskine's Speeches.

27, p. 330.

567. Proceedings against GEORGE STRATTON, HENRY BROOKE, CHARLES

FLOYER, and George MACKAY, esqrs. on an Information filed against them, by his Majesty's Attorney General, for a Misdemeanor, in 'arresting, imprisoning, and deposing George Lord Pigot, Commander in Chief of the Forces in Fort St. George, and President and Governor of the Settlement of Madras, in the East-Indies : 19 & 20 GEORGE III. A. D. 1779, 1780.

The Report given below of the Trial of Messrs. 1776, until the 11th day of May following,

Stratton, Brooke, Floyer, and Mackay, in when he died. the court of King's-bench, was taken in Geo. Stratton, Henry Brooke, Charles Floyer,

“ That it appears to this Committee, that short-hand by Mr. Blanchard, but was never Archdale Palmer, Francis Jourdan, and Geo. printed. For the communication of Mr. Mackay, esqrs. did, on the 23d day of August Blanchard's MS. Notes, I am indebted to 1776, form themselves into a council, and did Mr. Henry Smith, now (April 1814) Soli-rison of Fort St. George on colonel James

confér the command of the army and the garcitor to the East-India Company, whose Stuart, ordering him to arrest the person of father was engaged on behalf of the prose- George lord Pigot, their governor and comcution.

mander in chief, and to put the fort, garrison,

and fort-house, under their command. IT

appears from the Journal of the House of “ That it appears to this Committee, that Commons, that on April 16th, 1779, in a the Court of Directors of the East-India ComCommittee of the whole House, to which the pany have, by letters of the 4th of July, 1977, consideration of certain papers relating to the and of the 23d of December, 1778, to their affairs of the East-India Company had been presidency at Madras, ordered, that courtsreferred, it was resolved,

martial should be held for the trial of coloThat it appears to this Committee, that nel James Stuart, colonel Edingtoun, major George lord Pigot, a member of this House, Horne, and captain Lysaught, for having arwas, on the 24th of August, 1776, arrested rested and confined, under a military force, by a military force, and carried and confined their governor and commander in chief, under a military force at the house of major George lord Pigot. Horne, at a place called the Mount, about " That it is the opinion of this Committee, nine miles distant from the town of Madras that an humble Address be presented to his and Fort St. George, of which he was governor Majesty, praying his Majesty that he would and commander in chief; and that the said be graciously pleased to give directions to his George lord Pigot continued in confinement Attorney General, to prosecute George Stratunder a military force for 'upwards of eight ton, Henry, Brooke, Charles Floyer, and months, that is, from the 24th day of August, George Mackay, esqrs. for ordering their gom vernor and commander in chief George lord | 1468. Since reported in 1 Blackstone, 460.] Pigot, to be arrested and confined under a where the prosecution was by indictment, on military force; they being returned to Eng- a motion to quash the first, another having land, and now within the jurisdiction of his been found, the Court would not permit it

, Majesty's courts of Westminster-hall.”* but upon terms, and by consent; and said, The above resolutions were on the same That in all cases where indictinents have been

that it was by no means a motion of course. day reported to the House and agreed to. quashed on the motion of the prosecutor, i The House thereupon ordered, “ That the has been on the ground of insuficiency, [Vide said Address be presented to his majesty by sir Wm. Withipole's case, H. 4 Car. 1. Cro. Car

. such members of this House as are of his 147. Rex v. Swan and Jefferys,Fost. 104] which majesty's most honourable privy council :"' and, on April 19th, “ The lord Hinchinbrook That in the case of Rex o. Purnell, [1 Wilson,

was not pretended in the present instance. reported to the House that their Address of 239. Since reported in 1 Blackst. 37) which Friday last (praying his majesty, that he

was an information filed er officio by sir Dudwould be graciously pleased to give directions ley Ryder, then Attorney General, against the to his Attorney General, to prosecute George defendant as vice-chancellor, and a justice of Stratton, Ilenry Brooke, Charles Lloyer, and peace in the university of Oxford, the Attorney George Mackay, esqrs. for ordering their go, General had put an end to the first informavernor and commander in chief George lord tion, without any application to the Court, by Pigot, to be arrested and confined under a military force; they being returned to England, the express order of the king, which order

a noli prosequi, but that he had done this on and now within the jurisdiction of his majesty's courts of Westminster-hall) had been crown-office (sir James Burrow] to enter the

was stated in his warrant to the master of the presented to his majesty; and that his ma

noli prosequi. That, at all events, the Court jesty had commanded him to acquaint this would not grant the motion without obliging House, that he will give directions as required the prosecutor to pay costs [H. 6 Geo. 2. Res by the said Address."

v. Moore, 2 Str. 946.] Accordingly, in the ensuing Trinity Term,

The Solicitor General, in support of the Mr. Attorney General (Wedderburn) filed an rule, observed, that the defendant could not information against Messrs. Stratton, Brooke, suffer any injury by the quashing of the inFloyer, and Niackay, and in the succeeding formation, because the crown might go on Michaelmas Term, on an application to quash to trial, and judgment, on the new one, notthe said information, the following proceed withstanding the pendency of the other, for ings took place:

that, on indictments, or informations for The King against STRATTON and others.

crimes, the pendency of another prosecution

for the same offence cannot be pleaded, as it November 11, 1779.

may to informations for penalties. [Sir Wil

liam Withipole's case, Rex v. Swan and JeiAn information had been filed ex officio, by ferys.] He said, that leave to quash mdictthe Attorney General, in consequence of a resolution of the House of Commons, against without a rule to shew cause.

ments is often granted in the first instance, the defendants, for imprisoning the governor (lord Pigot) and subverting the government General if there was any authority or prece

Lord Mansfield having asked the Solicitor of the settlement at Madras, where they were dent for quashing an information ex officio members of the council. The defendants had pleaded, and the parties were at issue, and mitted that he knew of none, and his lordship

upon the application of the prosecutor, he adnotice of trial given for the sittings after last said, that if it was proper to stop the inforterm; but the prosecutor counterinanded the mation, he did not see why the Aitorney Ge notice, and, on Tuesday the 9th of November, neral might not do it by entering a noli pra the Solicitor General applied for a rule to sequi, without the interference of the Court. shew cause, why the information should not

Buller, Justice.—What the Solicitor Ge be quashed, suggesting, as the ground of the neral has stated, viz. that the pendency of application, that another was ready to be filed, the first information would be no plea to the which stated the offence more particularly, second, is decisive against this motion. It is and was better adapted to the nature of the certainly not of course to quash indictments. charge. The rule was granted, and cause was, All the litigated cases are upon insufficiency

, this day, shewn by Dunning, Wilson, Arden, and Erskine.

* Hawkins, B. 2, c. 26, $ 63. says that anolber They said, there never had been an appli- information depending may be pleaded an abates cation of this sort, but that in the case of Rex ment to an information qui tam, and cites Cro. El. 9. Philip Carteret Webb (E. 4 Gco.3. 3 Burr, 261. 1 Roll. Rep. 49, 50, 134. But he says to

thing on that point as to other informations. In These resolutions, together with the speeches B. 2, c. 34, 91, he says, generally, that another of admiral Pigot, brother to lord Pigot, who pro- prosecution depending is no good plea to an indictposed them, and of Mr. Stratton and the other gen- ment, as it is to an appeal or information, but bb tlemen who took part in the debate, are inserted in refers to the former passage, and therefore probably the New Parl. Hist, vol. 20, pp. 363 et seg. meant only qui tam informations.

and if the Court has even permitted it in the aforesaid, and were then in force, and also to first instance, it has been because they gave such others as he should at any time therecredit to the counsel in stating the insuffi after receive in writing from the Court of Diciency.-The rule discharged."

rectors of the said United Company, or under Douglas's Reports, p. 227. the hands of thirteen or more of them, or In consequence of this decision, the Attor from the governor and council of Fort St. ney General entered a nolle prosequi on the George aforesaid ; and the said United Comoriginal information, and in the same term pany of Merchants of England trading to filed the following:

the East-Indies, did thereby strictly require,

charge, and command, all commission officers, Of Michaelmas Term, in the 20th year of the non-commission officers, soldiers, and others reign of King George the 3d.

belonging to their military forces, and all the Middleser, to wit. Be it remembered, that people and inhabitants employed or residing Alexander Wedderhurn, esq. Attorney Ge- in their aforesaid fort, gurrison, and town, to neral of our present sovereign lord the king, yield him the said George lord Pigot as gowho for our said lord the king in this behalt vernor and commander in chief as aforesaid, prosecuteth, in his proper person cometh here due obedience : which deed afterwards, to into the court of our said lord the king, before wit, on the same day and year aforesaid, was the king himself at Westminster on Monday delivered to and accepted by the said George next after the octave of St. Martin in this lord Pigot, to wit, at Westminster aforesaid, şame term, and for our said lord the king in the said county of Middlesex. And the said giveth the Court here to understand and he Attorney General of our said lord the king, informed, that the United Company of Mer- for our said lord the king, further giveth the chants of England trading to the East-Indies, Court here to understand and be informed, on the 4th day of April, in the 15th year of that afterwards, to wit, on the 11th day of the reign of our sovereign lord George the April, in the 15th year aforesaid, at Westthird, now king of Great Britain, &c. and minster aforesaid, in the said county of Midlong before, were and from thence hitherto dlesex, the said United Company, by their have been and still are possessed of the fort certain other deed, in writing, sealed with and garrison of Fort St. George, and the city their common seal, did make, constitute, and or town of Madras Patnam, in the East In- ordain the said George lord Pigot, upon and dies, which during all the said time have from, and immediately after his arrival at been and still are one of the said Company's Fort St. George aforesaid, and publication of principal settlements in India, and of other that commission, to be president and governor settlements and factories on the coasts of of and for all their affairs in the coasts of CoCoromandel and Orixa. And the said Attor- romandel and Orixa, and of the Gingee and ney General of our said lord the king for our Maratta countries, and of all the territories şaid lord the king, further giveth the Court thereunto belonging, and of all and singular here to understand and be informed, that the forts, factories, and settlements, territoheretofore, to wit, on the said 4th day of ries, countries and jurisdictions thereof, and to April, in the 15th year aforesaid, at West- execute all and every the powers and auminster, in the said county of Middlesex, the thorities thereunto appertaining, by order and said United Company of Merchants of Engdirection of the Court of Directors of the said land trading to the East-Indies, reposing United Company for the time being, and to especial trust and confidence in sir George continue in the exercise of the same during Pigot, bart. commonly called George lord the pleasure of the said United Company, and Pigot, baron Pigot of Patshul in the kingdom of the Court of Directors of the said United of Ireland, did, by their deed in writing, sealed Company, and until the contrary thereof with their common seal, constitute and ap- should be signified under the seal of the said point him the said George lord Pigot (the United Company of Merchants of England said George lord Pigot then being a subject trading to the East-Indies, or under the hands of our said lord the present king) to be their of thirteen or more of the Court of Directors governor and commander in chief of their of the said Company for the time being; and said fort and garrison of Fort St. George and to the end that the said George lord Pigot town of Madras Patnam, and of all the forces might be better enabled to order and manage which then were or thereafter should be em- all the affairs of them the said Company, they ployed for the service of the said United Com. did by the said deed constitute and ordain pany, within the said fort, garrison and town; George Stratton, esq. to be second of their and he was, to the utmost of his skill and council of Fort St. George, to wit, to be next power, to do and perform all such offices and in council after their said president George services as appertained to the post of governor lord Pigot; brigadier general Joseph Smith to and commander in chief as aforesaid, and to be third of their said council, and not to continue in the exercise of the same during rise to a superior rank therein; George Dawthe pleasure of the said United Company, son to be fourth, Henry Brooke to be fifth, subject nevertheless to all such rules, orders John Whitehill to be sixth, Claude Russell tó and instructions, as had theretofore been given be seventh, Charles Smith to be eighth, Alex to the president and council of Fort St. George ander Dalrymple to be ninth, Samuel Joba

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son to be tenth, Charles Floyer to be eleventh, sion or commissions given and granted by John Maxwell Stone to be iwelfth, Archdale them, whereby any other person or persons Palmer to be thirteenth, James Kay to be was and were constituted and ordained presi. fourteenth, Edward Stracey to be fifteenth, dent and governor, and any other persons Edward Cotsford to be sixteenth, Richard therein named were constituted and ordained Lathom to be seventeenth, Francis Jourdan to be of the council at Fort St. George aforeto be eighteenth, and George Mackay to be said: which said last mentioned deed afternineteenth and last of their said council of wards, to wit, on the day and year last afore Fort St. George, who was not at any time to said, at Westminster aforesaid, in the said rise to an higher rank therein, for governing county of Middlesex, was delivered to and acand managing all the said Company's affairs cepted by the said George lord Pigot. And upon the coasts of Coromandel and Orixa, the said Attorney General of our said lord and the Gingee and Maratta countries, and the king, for our said lord the king, further governing the said Fort St. George and city of giveth the Court here to understand and be Madras Patnam, and all other forts, factories, informed, that afterwards, to wit, on the 11th and settlements of the said United Company, day of December, in the 16th year of the within any of the said territories; and the reign of our said present lord the king, thre said United Company did thereby give and said George lord Pigot did arrive at Fort Si

. grant unto their said president and governor, George aforesaid; and afterwards, to wit, on George lorú Pigot, and to their council afore the day and year last aforesaid, publication of named, or the major part of them (the whole the said last-mentioned deed was there made, council, except such who were absent as and the said George lord Pigot did then and chiefs of subordinate factories being duly sum- there take upon himself the office of governer moned) full power and authority from time and commander in chief of the said fort and to time to rule and govern all and every their garrison of Fort St. George and city or to w factors and servants under their said presi- of Madras Patnam aforesaid, and of all the dency, and all the soldiers and inhabitants of forces which then were or thereafter should their said Fort of St. George and city of Madras be employed for the service of the said United Patnam, and elsewhere, within the places Company within the same; and also the aforesaid, to administer lawful oaths as occa- office of president and governor of and for sion should require, and to do and perform all the affairs of the said United Company oa all such other acts and things, and to use and the coast of Coromandel and Orixa, and of exercise all such other powers and authorities the Gingee and Maratta countries, and of all as the said president and governor and his the territories thereto belonging, and of all council, in their several and respective places and singular the forts, factories and settlewhere the said United Company had or should ments, territories and jurisdictions thereof; have factors, or any places of trade, were au- and that the said George Stratton, Henry thorized to do; subject nevertheless to the Brooke, Charles Floyer, and George Mackas, superintending and controlling power of the afterwards, to wit, on the same day and year governor general and council of Fort William last aforesaid, at Fort St. George aforesaid, to in Bengal, in such cases wherein they were wit, at Westminster aforesaid, in the said authorized to have a superintending and con- county of Middlesex, did respectively accept, trolling power, in and by an act of parliament and each of them take upon himself the office passed in the 13th year of his then majesty's of one of the council of Fort St. George aforereign, intitled, “ An Act for establishing cer- said, for governing and managing all the said “tain Regulations for the better Management Company's affairs upon the coasts of Coro" of the Affairs of the East-India Company, mandel and Orixa, and the Gingee and Ma“ as well in India as in Europe ;” and also ratta countries, and governing the said Fort subject and according to such instructions St. George, and the city or town of Madras and directions as he the said George lord Patnam, and all other their forts, factories, Pigot their president and governor and coun- and settlements, within any of the said terticil

aforesaid, should from time to time re- tories. And the said Attorney General of our ceive, under the hands of thirteen or more of said lord the king, for our said lord the king, the Court of Directors of the said United Com- further giveth the Court here to understand pany for the time being, and they the said and be informed, that after the making the United Company did thereby order and re- said last-mentioned deed, to wit, on the 19th quire all their factors, servants, officers and day of April, in the said 15th year of the reign soldiers, within the limits of the said presi- of our said present lord the king, at Westdency, and all the people and inhabitants minster aforesaid, in the said county of Mid of the said Fort of St. George and city of dlesex, Edward Wheeler, John Harrison, Joha Madras Patnam, or any other their forts, Woodhouse, Joseph Sparkes, Frederick Pigou, places or colonies within the said presidency, William James, Henry Savage, Thomas Batas to conform, submit, and yield due obedience Rous, Henry Fletcher, Daniel Wier, Richard unto the said George lord Pigot, their presi- Hall, Samuel Peach, William George Fres dent and governor, and his council accord- man, Peter Lascelles, Charles Boddam, James ingly; and they did thereby revoke, repeal, Moffatt, and John Smith, being then and annul and make void, every former commis- there more than thirteen of the Court of Di

year

66

rectors of the said United Company of Mer- | the Carnatic. And the said Attorney General chants of England trading to the said East- of our said lord the king, further giveth the Indies, did by their instructions and direc- Court here to understand and be informed, tions, in writing, under their hands, directed that the said instructions and directions under to the said Company's president and council the hands of the Directors abovenamed, afterof Fort St. George aforesaid, after taking no- wards, to wit, on the same day and

last tice, that in order to remedy so far as might | aforesaid, at Westminster aforesaid, in the be the inconveniences occasioned by the mis- said county of Middlesex, were delivered to conduct of their late, president and council, the said George lord Pigot, and afterwards, to they had thought proper to constitute, and by wit, on the 11th day of December, in the year their commission under their seal, dated the last aforesaid, the said George Stratton, Henry 11th day of April, 1775, had constituted and Brooke, Charles Floyer, and George Mackay, appointed them to be their governor and severally had notice of the said instructions, council of Fort St. George, for governing and orders, and directions, to wit, at Westminster managing all the said Company's affairs on aforesaid. And the said Attorney General the coast of Coromandel and Orixa, and all of our said lord the king, for our said lord the their forts, factories and settlements there- king, further giveth the Court here to underunto belonging, subject however to the limi- stand and be informed, that the said George tations and restrictions contained in a late act lord Pigot, by virtue of the power so given of parliament, intitled, An Act for esta him as aforesaid by the said United Company, “blishing certain Regulations for the better and in obedience to the said instructions and “ Management of the Affairs of the East directions, soon after his arrival at Fort St. “ India Company, as well in India as in Eu- George aforesaid, to wit, on the same day and

rope;" and also taking notice, that as the year last mentioned, did begin to put in exesolemn promise made by their governor and cution the said instructions and directions for council, at the request of the nabob of the restoring the said king of Tanjore to the Carnatic and the king of Tanjore, to guarantee throne of Tanjore, and the said council of Fort the treaty of 1762, had been fully approved St. George did, pursuant to the said directions by the Court of Directors of the said United and instructions, restore the said king of TanCompany, they could not but consider the jore to the throne of Tanjore, and was about public faith of the Company as forfeited, and to proceed as far as in him the said George ihe honor of the British nation deeply affected lord Pigot lay to secure the said king of Tanby the measures taken for dethroning the jore in the possession and enjoyment of the king of Tanjore, whose kingdom had been territories and revenues of the said kingdom wrested from him by the servants of the said of Tanjore. And the said Attorney General United Company, and put under the govern- of our said lord the king, for our said lord the ment of Mahmud Ally Khan, in direct viola- king, further giveth the Court here to undertion of that treaty, and contrary to their re- stand and be informed, that the said George peated orders and instructions, which had Stratton, late of Westminster, in the said uniformly and expressly prohibited them from county of Middlesex, esq. Henry Brooke, late attempting to enlarge their own or the Na- of the same place, esq. Charles Floyer, late bob's dominions; and also in opposition to of the same place, esq. and George Mackay, the letter and spirit of the Nabob's public de- late of the same place, esq. being subjects, claration to the king of Tanjore's vackeel, and each of them being a subject of our said wherein he affirms, that it was not his inten- lord the present king, and being of the countion to take the fort and country of Tanjore cil of the said United Company, of their printo himself, but to secure them for the benefit cipal settlement of Fort St. George and Maof the king of Tanjore's family, and to place dras Patnam aforesaid, and being of wicked a proper person of his kindred on the throne: and seditious dispositions, together with diand also taking notice, that having resolved vers other wicked and evil disposed persons, to contribute so far as in them laid towards whose names are at present unknown to the the restoration of the king of Tanjore, which said Attorney General, wickedly, maliciously, by every tie of honour they conceived them and seditiously intending, devising, and conselves bound to do, they thereby directed the triving to deprive the said George lord Pigot governor and council of Fort St. George, that of the government and command of the said They should take the most effectual measures fort and garrison of Fort St. George and city without loss of time, for securing the person or town of Madras Patnam, and of all the of the king of Tanjore, and that they forth- forces then employed for the service of the with should appoint him a proper guard for said United Company within the same, and his protection, and also for the protection of to deprive the said George lord Pigot of his bis family, and inform him that they, mean- said office of president and governor of and ing the said United Company, had determined for all the affairs of the said United Company to place him upon the throne of his ancestors on the coasts of Coromandel and Orixa, and upon certain terms and conditions to be agreed of the Gingee and Maratta countries, and of upon for the mutual benefit of himself and all the territories thereto belonging, and of the said United Company, without infringing all and singular the forts, factories, and setthe rights of Mahmud Ally Khan, nabob of tlements, territories, countries, and jurisdic

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