The Works of the Right Honourable Edmund Burke

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 Khân,
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 Khân "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 Khân "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 Fyzoola Khân might
furnish would prove a literal compliance with the stipulation."

VII. That, in the event of any doubt fairly arising from the terms of the treaty, the Nabob
Fyzoola Khân, in consideration of his hereditary right to the whole country, and the price
by him actually paid for the said treaty, was in equity entitled to the most favorable
construction.

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