of the said Philip Francis, Esquire, who obeyed the said summons, did
take the oaths as Governor-General, and did sit and preside in Council
as Governor-General, and prepared several acts and resolutions in the
said capacity of Governor-General, and did, amongst other things,
prepare a proclamation to be made of his said succession to the
government, and of its commencing from the date of the said
proclamation, but did not carry any of the acts or resolutions so
prepared into execution.

The said Warren Hastings did, notwithstanding thereof, and in pursuance
of his resolution to assert and maintain his authority, illegally and
unjustifiably summon the Council to meet in another department, and did
sit and preside therein, apart from the said General Clavering and his
Council, and, in conjunction with Richard Barwell, Esquire, who
concurred therein, issued sundry orders and did sundry acts of
government belonging to the office of Governor-General, and, amongst
others, did order several letters to be written in the name of the
Governor-General and Council, and did subscribe the same, to the
commandant of the garrison of Fort William, and to the commanding
officer at Barrackpore, and to the commanding officers at the other
stations, and also to the provincial councils and collectors in the
provinces, enjoining them severally "to obey no orders excepting such as
should be signed by the said Warren Hastings, or a majority of his
Council."

That the said Warren Hastings did, by the said proceedings, which were
contrary both to law and to good faith, constitute a double government,
thereby destroying and annihilating all government whatever; and, by his
said orders to the military officers, did prepare for open resistance by
arms, exposing thereby the settlement, and all the inhabitants, subjects
of or dependent on the British government, whether native or European,
not only to political distractions, but to the horrors of civil war; and
did, by exposing the divisions and weakness of the supreme government,
and thereby loosening the obedience of the provinces, shake the whole
foundation of British authority, and imminently endanger the existence
of the British nation in India.

That the said evils were averted only by the moderation of the said
General Clavering and Philip Francis, Esquire, in consenting to a
reference, and submitting to the decision of the judges of the Supreme
Court of Judicature, although they entertain