reaty the Nabob Fyzoola Khan was established in
the quiet possession of Rampoor, Shahabad, and "some other districts
dependent thereon," subject to certain conditions, of which the more
important were as follow.

"That Fyzoola Khan should retain in his service five thousand _troops_,
and not a single man more.

"That, with whomsoever the Vizier should make war, Fyzoola Khan should
send _two or three thousand men, according to his ability_, to join the
forces of the Vizier.

"And that, if the Vizier should march in person, Fyzoola Khan should
himself accompany him _with his troops_."

III. That from the terms of the treaty above recited it doth plainly,
positively, and indisputably appear that the Nabob Fyzoola Khan, in
case of war, was not bound to furnish more than three thousand men under
any construction, unless the Vizier should march in person.

IV. That the Nabob Fyzoola Khan was not positively bound to furnish so
many as three thousand men, but an indefinite number, not more than
three and not less than two thousand; that of the precise number within
such limitations the ability of Fyzoola Khan, and not the discretion of
the Vizier, was to be the standard; and that such ability could only
mean that which was equitably consistent not only with the external
defence of his jaghire, but with the internal good management thereof,
both as to its police and revenue.

V. That, even in case the Vizier should march in person, it might be
reasonably doubted whether the personal service of the Nabob Fyzoola
Khan "with his troops" must be understood to be with _all_ his troops,
or only with the number before stipulated, not more than three and not
less than two thousand men; and that the latter is the interpretation
finally adopted by Warren Hastings aforesaid, and the Council of Bengal,
who, in a letter to the Court of Directors, dated April 5th, 1783,
represent the clauses of the treaty relative to the stipulated aid as
meaning simply that Fyzoola Khan "should send two or three thousand men
to join the Vizier's forces, or attend in person in case it should be
requisite."

VI. That from the aforesaid terms of the treaty it doth not specifically
appear of what the stipulated aid should consist, whether of horse or
foot, or in what proportion of both; but that it is the recorded
opinion, maturely formed by the said Hastings and his Council, in
January, 1783, that even "a single horseman included in the aid which
Fyzoo