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tions thereof, and unlawfully to obstruct, lawfully and by force, did deprive the said hinder and prevent the said George lord Pigot George lord Pigot of the power and capacit; from discharging his duty, and the trust re- to exercise his offices of governor and composed in him in carrying the said instructions mander in chief and president and govern and directions of the Directors of the said aforesaid; and that they the said George StratUnited Company into execution and effect, ton, Henry Brooke, Charles Floyer, and and to assume to themselves the govern- George Mackay, together with the said other inent and command of the said fort and gar- persons whose names are unknown to t rison of Fort St. George and city or town of said Attorney General, did there, with a miMadras Patnam, and of all the forces which litary force, keep and continue, and cause tn were employed for the service of the said be kept and continued the said George lori United Company, within the said fort, gar- | Pigot, so imprisoned and deprived of the risor, and city or town, and of the govern- power and capacity to exercise his said offices ment of all the affairs of the said United Com- from thence for a long time, to wit, for the pany on the coasts of Coromandel and Orixa, space of nine months, and did there, during and of the Gingee and Maratta countries, and that time, unlawfully assume and exerci of all the forts, factories and settlements, ter- the government, direction, and management ritories, countries and jurisdictions thereof, of the ariny of the said United Company on the 24th day of August, in the 16th year within the said presidency, and of the fort an! of the reign of our said lord the king, and garrison of Fort St. George, and city or towa within the jurisdiction of the president and of Madras Patnam, and of all the affairs of the council of the said United Company, of their said United Company on the coasts of Coton said principal settlement of Fort St. George mandel and Orixa, and of the Gingee and and Madras Patnam, to wit, at Westminster Maratta countries, and of all the territories aforesaid, in the said county of Middlesex, thereunto belonging, and of all and singular together with divers other persons whose the forts and settlements, territories, cuunnames are at present unknown to the said tries and jurisdictions thereof, and other Attorney General, unlawfully, wickedly and wrongs to the said George lord Pigot, then seditiously, did form themselves into a coun- and there did, to the great damage of the said cil, and did then and there confer the com- George lord Pigot, and against the form of mand of the army of the said United Com the statute in such case made and provided, pany within the said presidency of Fort St. and against the peace of our said lord the George, and also of the garrison of Fort St. king, his crown and dignity; And the said George aforesaid, upon James Stuart, and Attorney General of our said lord the king, for then and there order the said James Stuart to our said lord the king, giveth the Court here put the said fort and garrison, and the fort further to understand and be informed, that house there, under the command of them the the said George lord Pigot, on the 24th day of said George Stratton, Henry Brooke, Charles August, in the said 16th year of the reign of Floyer, and George Mackay, and the said our said present sovereign lord the king, and other persons, whose names are at present before and afterwards was governor and com, unknown to the said Attorney General, and mander in chief of the fort and garrison of did then and there further order the said Fort St. George and the city or town of Mz. James Stuart, if he should see it necessary, or dras Patnam in India, the same during that that resistance should be made to their said time being one of the principal settlements of orders, to arrest the person of the said George the said United Company in India, and of all lord Pigot, then and there being a subject of the forces then employed for the service of our said lord the present king, and so being the said United Company within the said fort

, governor and commander in chief, and presi- garrison, and city or town, and also president dent and governor as aforesaid ; and that they and governor of and for all the affairs of the the said George Stratton, Henry Brooke, said United Company on the coasts of CoroCharles Floyer, and George Mackay, and the mandel and Orixa, and of the Gingee and said James Stuart, together with the said Maratta countries, and all the territories therepersons so unknown to the said Attorney unto belonging, and of all and singular the General as aforesaid, afterwards, to wit, on forts, factories and settlements, territories

, the same day and year aforesaid, within the countries, and jurisdictions thereof; and that jurisdiction aforesaid, to wit, at Westminster on the same day and year last mentioned, atoresaid, in the county aforesaid, with force and before and afterwards, the said George and arms, to wit, with swords, guns, pistols, Stratton, Henry Brooke, Charles Floyer, and and other offensive weapons, and with a mi- George Mackay were of the council

, and each litary force, did make an assault upon the of them was one of the council of the said said George lord Pigot so being such subject United Company, of their said last-mentioned as aforesaid, and in the peace of God, and of principal settlement, for governing and maour said lord the king, and then and there naging all the said Company's attairs upoa being governor and commander in chief, and the coasts of Coromandel and Orisa, and the president and governor as aforesaid, and did Gingee and Maratta countries, and governing then and there arrest and imprison the said the said last-mentioned principal settlement George lord Pigot, and then and there un- of the said United Company, and all other the

forts, factories, and settlements of the said | minster aforesaid, in the county aforesaid, United Company, within any of the said ter- with force and arms, to wit, with swords, ritories (that is to say) at Westminster afore- guns, pistols, and other offensive weapons, said, in the said county of Middlesex. And and with a military force, did make an asthe said. Attorney General of our said lord sault upon the said George lord Pigot, so bethe king, for our said lord the king, giveth the ing such subject as aforesaid, and in the Court here further to understand and be in- peace of God and of our said lord the king, formed, that the said George Stratton, Henry and then and there being governor and comBrooke, Charles Floyer, and George Mackay, mander in chief, and president and governor being of the council, and each of them being as last aforesaid, and did then and there arone of the council of the said United Com- rest and imprison the said George lord Pigot, pany as last aforesaid, and unlawfully and and then and there, unlawfully and by force, înaliciously contriving and intending to ag- did deprive the said George lord Pigot of the grieve and injure the said George lord Pigot, power and capacity to exercise his offices of so being governor and commander in chief, governor and commander in chief and presiand president and governor as last aforesaid, dent aforesaid; and that they the said George and to obstruct, hinder, and prevent the said Stratton, Henry Brooke, Charles Floyer, and George lord Pigot in the exercise of his said George Mackay, together with the said other offices, and to assume to themselves the go- persons whose names are unknown to the vernment and command of the said fort and said Attorney General, did there, with a migarrison of Fort St. George and city or town litary force, keep and continue, and cause to of Madras Patnam, and of all the forces which be kept and continued, the said George lord were employed for the service of the said Pigot, so imprisoned and deprived of the United Company within the said fort, garri- power and capacity to exercise his said offices son, and town, and of the government of all from thence for a long space of time, to the affairs of the said United Company on the wit, for the space of nine months, and did coasts of Coromandel and Orixa, and of the there, during that time, unlawfully assume Gingee and Maratta countries, and of all the and exercise the government, direction, and forts, factories and settlements, territories, management of the army of the said countries, and jurisdictions thereof, on the United Company within the said presidency, said 24th day of August, in 16th year and of the fort and garrison of Fort St. George, aforesaid, within the jurisdiction of the pre- and city or town of Madras Patnam, and of sident and council of the said United Com all the affairs of the said United Company on pany, of their said principal settlement of Fort the coasts of Coromandel and Orixa, and of St. George, and city or town of Madras Pat- the Gingee and Maratta countries, and of all nam, to wit, at Westininster aforesaid, in the the territories thereunto belonging, and of all county aforesaid, together with divers other and singular the forts, factories and settle persons, whose names are at present unknown ments, territories, countries, and jurisdictions to the said Attorney General, unlawfully, thereof, and other wrongs to the said George wickedly and seditiously, did form themselves lord Pigot, then and there did, to the great into a council, and then and there conferred damage of the said George lord Pigot, and the command of the army of the said United against the form of the statute in such case Company, within the said presidency of Fort made and provided, and against the peace of St. George, and also of the garrison of Fort St. our said lord the king, his crown and dignity. George aforesaid, upon James Stuart, and did And the said Attorney General, of our said then and there order the said James Stuart to lord the king, for our said lord the king, put the said fort and garrison, and the fort giveth the Court here further to understand house there, under the command of them the and be informed, that on the said 24th day of said George Stratton, Henry Brooke, Charles August, in the said 16th year of the reign of Floyer, and George Mackay, and the said our sovereign lord the king, and before and other persons, whose names are at present afterwards, the said George Stratton, Henry unknown to the said Attorney General, and Brocke, Charles Floyer, and George Mackay, did then and there further order the said were of the council, and each of them was James Stuart, if he should see it necessary, or one of the council of one of the principal setthat resistance should be made to their said tlements of the said United Company in India, orders, to arrest the person of the said George called Fort St. George and Madras Patnam, lord Pigot, then and there being a subject of otherwise Madras Patnam, otherwise Fort our said lord the present king, and so being St. George and Madras, otherwise Fort St. president, governor, and commander in chief George, otherwise Madras: and that the said as aforesaid; and that they the said George George Stratton, Henry Brooke, Charles Stratton, Henry Brooke, Charles Floyer, and Floyer and George Mackay, being such counGeorge Mackay, and the said James Stuart, cil as aforesaid, together with divers other together with the said other persons, whose persons, whose names are at present unknown names are so unknown to the said Attorney to the said Attorney General, on the said 24th General as aforesaid, afterwards, to wit, on day of August, in the said 16th year of the the same day and year aforesaid, within the said reign of our said lord the king, with force jurisdiction last aforesaid, to wit, at West- and arms, to wit, with swords, guns, pistols, VOL. XXI.

3 Y

and other offensive weapons, and with a mi-| lord Pigot, and there unlawfully and against litary force within the jurisdiction of the pre- the will of the said George lord Pigot, did sident and council of the said United Com- keep and detain, and cause and procure to be pany of the said last-mentioned principal set- kept and detained, him the said George lord tlement, to wit, at Westminster aforesaid, in | Pigot in prison, for a long time, to wit, la the said county of Middlesex, in and upon the nine months then next following, and other said George lord Pigot, then being a subject wrongs to the said George lord Pigot then of our said lord the king, and in the peace of and there did, to the great damage of the said God and our said lord the king, and then and George lord 'Pigot, and against the form of there being president and governor of the the statute in such case made and provided, said last-mentioned principal settlement of and against the peace of our said lord the the said United Company, did make an as- king, his crown and dignity. And the said sault, and him the said George lord Pigot did Attorney General of our said lord the king, then and there beat, wound and ill-treat, and for our said lord the king, giveth the Court did then and there imprison, and cause and here further to understand and be informed procure to be imprisoned, the said George lord that on the said 24th day of August, in the Pigot, and there unlawfully and against the 16th year of the reign of our sovereign lord will of the said George lord Pigot, did keep the king, and before and afterwards, the said and detain, and procure to be kept and de- George Stratton, Henry Brooke, Charles tained him the said George lord Pigot in pri- Floyer, and George Mackay, claimed power son, for a long time, to wit, for nine months and authority in India, under the said United then next following, and other wrongs to the Company; and that the said George Stratton, said George lord Pigot then and there did, Henry Brooke, Charles Floyer, and George to the great damage of the said George lord Mackay, claiming power and authority under Pigot, and against the form of the statute in the said United Company, together with lisuch case made and provided, and against the vers other persons, whose names are at pro peace of our said lord the king, his crown and sent unknown to the said Attorney General

, dignity: And the said Attorney General of on the same day and year last mentioned, our said lord the king, for our said lord the with force and arms, to wit, with swords, king, giveth the Court here further to under- guns, pistols, and other offensive weapons

, stand and be informed, that on the said 24th and with a military force within the jurisdicday of August, in the said 16th year of the tion then claimed by the said George Stratton, reign of our sovereign lord the king, and be- Henry Brooke, Charles Floyer, and George fore and afterwards, the said George Stratton, Mackay, under the said United Company io Henry Brooke, Charles Floyer, and George India, io wit, at Westminster aforesaid, in the Mackay, claimed to be of the council, and said county of Middlesex, in and upon the each of them claimed to be one of the coun- said George lord Pigot, then and there being cil of another principal settlement of the said a subject of our said lord the king, and in the United Company in India, called Fort St. peace of God and our said lord the king, did George and Madras Patnam, otherwise Ma- make an assault, and him the said George dras Patnam, otherwise Fort St. George and lord Pigot did then and there beat, wound, Madras, otherwise Fort St. George, otherwise and ill-treat, and did then and there imprison, Madras, that is to say, at Westminster afore- and cause and procure to be imprisoned, the said, in the said county of Middlesex; and said George lord Pigot, and then and there that the said George Stratton, Henry Brooke, unlawfully, and against the will of the said Charles Floyer, and George Mackay, so claim- George lord Pigot, did keep and detain, and ing to be such council as aforesaid, together cause and procure to be kept and detained, with divers other persons, whose names are him the said George lord Pigot in prison, for at present unknown to the said Attorney Ge- a long time, to wit, for nine months, then neral, on the said 24th day of August, in the next following, and other wrongs to the said said 16th year of the reign of our said lord the George lord Pigot then and there did, to the king, with force and arms, to wit, with great damage of the said George lord Pigot swords, guns, pistols, and other offensive and against the form of the statute in such weapons, and with a military force within

case made and provided, and against the the jurisdiction of the president and council peace of our said lord the king, his crown of Fort St. George aforesaid, to wit, at West- and dignity. Whereupon the said Attorney minster, in the said county of Middlesex, in General of our said lord the king, who for and upon the said George lord Pigot, then our said lord the king in this behalf probeing a subject of our said lord the king, and secuteth, for our said lord the king prayeth in the peace of God and our said lord the the consideration of the Court here in king, and then and there being governor of the premises; and that due process of the said last-mentioned principal settlement law may be awarded against them the said of the said United Company, did make an as. George Stration, Henry Brooke, Charles sault, and him the said George lord Pigot did Floyer, and George Mackay, in this behalf, then and there beat, wound and ill-treat, and to make them answer to our said lord the did then and there imprison, and cause and king, touching and concerning the premises procure to be imprisoned, the said George aforesaid.

UPON

BEFORE

misdemeanor, the assault and imprisonment In the King's Benck.

of their governor, which of itself is a very

heinous offence, as it is stated to have been December 20th and 21st, 1779.

the means used by them to overturn the goPROCEEDINGS

vernment and put themselves in possession

of all the authority there, and not only posTHE TRIAL OF

session of an authority which gave them the TAE KING,

dominion over a very extensive country and against

the rule over millions of people, but of what I GEORGE STRATTON, HENRY BROOKE, am afraid was of still more consequence, the

CHARLES FLOYER, and GEORGE possession of the revenues.
MACKAY, Esquires.

Gentlemen ; this, in general, is the nature of the offence with which they are charged. Before I proceed to state the case to you,

it The Right Hon. William Earl of history of the present prosecution.

behoves me to give you an account of the MANSFIELD, L. C. J. and a Special

In the year 1777, an account arrived in Jury of the county of Middlesex, at this country, early in the year, that in the goWestminster-hall :

vernment of Madras in India, which to that

time had been considered as the most regular Upon an Information filed by ALEXANDER and orderly of all the settlements this counWEDDERBURNE, Esq. his Majesty's Attor- try possesses there, the governor lord Pigot, ney General, against the several Defen- |(who, not a great while before, had been sent dants, for depriving the right hon. GEORGE out of this country as a man from bis perLord Pigot of his command and office of sonal situation possessed of the most knowGovernor and President of the Council at ledge of the country, and the fittest person to Madras, and arresting and imprisoning his hold such authority,) had been not only deperson for the

space

of nine months, &c.; prived of the government, but imprisoned by to which Defendants pleaded, Not Guilty; the members of his council. This account thereupon his Majesty's Attorney General first arrived here, in a Narrative published by joined issue.

the defendants themselves, to put the best Counsel for the Crown.—Mr. Attorney Ge- gloss they could upon their act, and though neral, (Alexander Wedderburne) (a): Mr. they had the advantage of telling their own Solicitor General, (James Wallace); Mr. story first, yet it was received in this country Mansfield (b); Mr. Serjeant Walker'; Mr. with universal indignation and alarm. The Lee; Mr. Davenport; Mr. Rous; Mr. Lind; general court of East India proprietors asMr. Woodhouse.

sembled at one of their quarterly meetings, Solicitor.-Mr. John Smith.

and immediately voted that lord Pigot should

be immediately restored to the government; Counsel for the Defendants.—Mr. Dun- and gave directions to proper persons to carry ning; Mr. Kenyon (Č); Mr. Arden (d); into execution this resolution. In the month Mr. Wilson (e); Mr. Chambre (f); Mr. of April there was a change in the direction, Piggott; the hon. Thomas Erskine (8). and various measures were taken for that

Solicitors.-Messrs. Gregg and Potts. purpose; at last, in May 1777, it was finally The information was stated by Mr. Lind, call those who had been concerned upon all

determined to restore lord Pigot, and to reand the cause then opened at large, by

sides in the business that had happened at Mr. Attorney General. May it please your Madras. In the course of that summer perlordship, and you gentlemen of the jury; sons were sent from this country to take the you have heard the information on which the cominand of the forces, to take upon them defendants are to be tried read to you; I the government, and with positive directions shall avoid re-stating it, as I shall have occa- to send home the actors in these disturbances : sion for employing your time and attention they arrived in the beginning of 1778, they in the rest of what I have to trouble you with, took possession of the settlement, took upon which cannot be short; therefore it is only them the command of the forces

the necessary

for me to observe to you, that the commanding officers who had been concerned defendants are, here charged with no common in the disturbances now imputed to the de

fendants and others, and intimated the orders (a) In 1780, C. J. C. B. and baron Longhborough; of the company for them to return to Eng. in 1793, Lord Chancellor ; in 1801, earl of Rosslyn. land : Long before that lord Pigot was ao (b) In 1804, C. J. C. B.

more! Directions were given to prosecute in (C) In 1784, Master of the Rolls; in 1788, India those who by their situation as military C. J. B. R. and lord Kenyon.

(d) In 1788, Master of the Rolls; in 1801, officers had been instrumental in the overC. J. C. B. and lord Alvauley.

throw of the government and imprisonment (e) lo 1786, one of the Justicos C. B.

of lord Pigot. In the mean time Mr. Stratton, (f) In 1800, one of the Justices C. B.

Mr. Floyer, Mr. Mackay, and Mr. Brooke (8) 101806, Lord Chanoellor and baron Erskine. had, in pursuance of a direction sent out for that purpose, returned to England. This, as you, I shall be obliged to go into a little it was very natural to imagine, became a detail of matters of which I can give proof, matter of enquiry; it would indeed have but of which I don't expect to be called upon been a very culpable neglect had an enquiry for a strict proof, because it will be necessary not have been instituted respecting the con- to state to you, before I come to talk of the sequences which had attended the acts of actions of 1776, the situation of the parties, these gentlemen, they living in this country, and the relation they bear to one another

, and amenable now only to the judicature of and the affair upon which the business of the this country. For that purpose the House of scene depended, by a detail of the prior his Commons directed, in the last session of par- tory of that country as short as I can possibly liament, the directors of the East India com- make it. pany to lay before them an account of the I dare say it is known to most of you, that proceedings which had been had upon the very | Madras was, at the beginning of last war, the extraordinary events that I have just de- principal settlement this country possessed scribed to you to have happened at Madras in India. It is likewise not unknown to you, in 1776. It appeared there, that directions that in the course of the war, and a little anhad been repeatedly given for the trial of all the tecedent to that

, a project had been formed subordinate instruments that had acted under by a very bold and enterprising Frenchman, the authority of the present defendants. It a M. Dupleix, to extirpate the English totally did not appear, as matters then stood, that fout of the East Indies, to gain to his nation, any directions had yet been given for the the French, all the power and influence of prosecution of those gentlemen who had been that country: Providence turned the project the principal actors, and who had derived to upon the author and his country!—The protheniselves the principal advantage from secution of that scheme was to be accomthose acts. It was therefore without any dis-plished by the part Dupleix found means to sention but with very general approbation iake in the disputes of that country, in which determined to address his majesty to direct a to that time the French, the English, and all prosecution to be carried on, and that prose- the Europeans had acted a very inferior part

. cution according to the laws of this country They had been originally settled in faci to: is enabled to be carried on by an act which the purpose of trading, and before that period the repeated disorders in India had rendered had very little share in those dissentions that exceedingly necessary. In consequence of had prevailed in that country. Madras, this, orders were given to me to bring this which was the principal settlement of the cause before the court and jury, and in obe- English, and Pondicherry, the principal setdience to those orders I have now laid the tlement of the French, were both within the prosecution before you. Gentlemen, with what government of Arcot.' Arcot itself is in the propriety those orders of which I have now government of a larger district called the given you an account were issued, you will be Decca. About the period I have been menbetter able to judge when you have heard the tioning to you, the governor or person who case I have to state to you.

In stating that, had the government, called by the name of there are two things extremely necessary; soubah of the Decca, who possessed a very the one is that you should be made to under-ample power a great many years there, died stand all the circumstances, relations and leaving a disputed succession between the bearings of an affair existing in a country, son and grandson; and much about the the manners of which are totally different same time, the nabob, for the governor of from ours, and with the history of which you Arcot had the title of nabob, was killed in can have but a general acquaintance; for battle, leaving his children young: the poirs that I am sure nothing more is requisite, than of M. Dupleix was to take the part of one of that you should bestow such attention as I the competitors for the government of the dare say you have all resolved to bring with Decca, and at the same time to set up a you to the trial of this cause. That once competitor for the government of Arcot, in done, I shall have no doubt that, unequal as opposition to the son of the nabob, who was my abilities are to the task, your sentiments, well known by the name of Mohammed AL, and thc justness of your own feelings, will and as the present nabob of Arcot was esta make you understand how to know and feel gaged in a war attended with various success, the great importance of the cause you are to the principal point upon the part of the Ense try, and the very great and uncommon con- Jish was the establishing of Mohammed Ah in sequence of the ottice you now take upon you the government of Arcot; and upon the as jurymen in this case; as you are not to French, the establishing of their nabob in the decide upon particular rights, nur any rights government of the Decca. In the course of that affect the interest of the government of that war, after a variety of events, which I this country, and inhabitants of this country need not tell you are not material to the prs alone, but to decide upon a case in which the sent object of enquiry,—which is only to justness of your decision is to affect the inte- make you understand the situation of Mobanzrest and happiness of millions in another part med Ali, which I take to be essentially ne of the globe.

cessary to the understanding the merits of Gentlemen; in laying these things before this case, the whole. force of the French

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