They are present in court, not to hear the trial, but
solely to advise in matter of law; they cannot take upon themselves to
say anything about the Bengal Consultations, or to know anything of
Rajah Nundcomar, of Kelleram, or of Mr. Francis, or Sir John Clavering.
That the House may be the more fully enabled to judge of the nature and
tendency of thus putting the question, _specifically, and on the gross
case_, your Committee thinks fit here to insert one of those questions,
reserving a discussion of its particular merits to another place. It was
stated on the 22d of April, 1790, "On that day the Managers proposed to
show that Kelleram fell into great balances with the East India Company,
in consequence of his appointment." It is so stated in the printed
Minutes (p. 1206). But the real tendency and gist of the proposition is
not shown. However, the question was put, "Whether it be or be not
competent _to the Managers for the Commons to give evidence upon the
charge in the sixth article, to prove_ that the rent [at?] which the
defendant, Warren Hastings, Esquire, let the lands mentioned in the said
sixth article of charge to Kelleram fell into arrear and was deficient;
and whether, if proof were offered that the rent fell into arrear
immediately after the letting, the evidence in that case would be
competent?" The Judges answered, on the 27th of the said month, as
follows:--"_It is not competent for the Managers for the House of
Commons_ to give evidence upon the charge in the sixth article, to prove
that the rent at which the defendant, Warren Hastings, let the lands
[mentioned?] in the said sixth article of charge to Kelleram fell into
arrear and was deficient.
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