The Works of the Right Honourable Edmund Burke

persons to try one another for their common acts.

Here I come upon the principle which I wish most strongly to mark to your Lordships: I
mean collusive trials and collusive acquittals. When this matter came to be examined,
according to the orders of the Court, which was on the 4th of October, 1762, the Council
consisted of Peter Maguire, Warren Hastings, and Hugh Watts. Mr. Hastings had by this
time accomplished the business of Resident with the Nabob, and had taken the seat to
which his seniority entitled him in Council. Here a difficulty arose in limine. Mr. Hastings
was represented to have acted as interpreter in this business; he was therefore himself an
object of the inquisition; he was doubtful as evidence; he was disqualified as a judge. It
likewise appeared that there might be some objection to others whose evidence was
wanting, but who were themselves concerned in the guilt. Mr. Lushington's evidence would
be useful, but there were two circumstances rather unlucky. First, he had put the seal to the
instrument of murder; and, secondly, and what was most material, he had made an affidavit
at Patna, whilst the affair was green and recent, that he had done so; and in the same
affidavit had deposed that Warren Hastings was interpreter in that transaction. Here were
difficulties both on him and Mr. Hastings. The question was, how to get Mr. Hastings, the
interpreter, out of his interpretation, and to put him upon the seat of judgment. It was
effected, however, and the manner in which it was effected was something curious. Mr.
Lushington, who by this time was got completely over, himself tells you that in conferences
with Major Calliaud, and by arguments and reasons by him delivered, he was persuaded to
unsay his swearing, and to declare that he believed that the affidavit which he made at
Patna, and while the transaction was recent or nearly recent, must be a mistake: that he
believed (what is amazing indeed for any belief) that not Mr. Hastings, but he himself,
interpreted. Mr. Lushington completely loses his own memory, and he accepts an offered, a

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