That the said Resident Middleton did “request to know whether, on proof of Fyzoola Khan’s innocence, the honorable board would be pleased to grant him [the Resident] permission to comply with his [Fyzoola Khan’s] request of the Company’s guarantying his treaty with the Vizier.”  And the said Middleton, in excuse for having irregularly “availed himself of the abilities of Mr. Daniel Barwell,” who belonged to another station, and for deputing him with the aforesaid commission to Rampoor without the previous knowledge of the board, did urge the plea “of immediate necessity”; and that such plea, if the necessity really existed, was a strong charge and accusation against the said Warren Hastings, from whose criminal neglect and concealment the urgency of such necessity did arise.

V. That the Governor-General, Warren Hastings aforesaid, did immediately move, “that the board approve the deputation of Mr. Daniel Barwell, and that the Resident [Middleton] be authorized to offer the Company’s guaranty for the observance of the treaty subsisting between the Vizier and Fyzoola Khan, provided it meets with the Vizier’s concurrence”; and that the Governor-General’s proposition was resolved in the affirmative:  the usual majority of Council then consisting of Richard Barwell, Esquire, a near relation of Daniel Octavus Barwell aforesaid, and the Governor-General, Warren Hastings, who, in case of an equality, had the casting voice.

VI.  That, on receiving from Mr. Daniel Barwell full and early assurance of Fyzoola Khan’s “having preserved every article of his treaty inviolate,” the Resident, Middleton, applied for the Vizier’s concurrence, which was readily obtained,—­the Vizier, however, “premising, that he gave his consent, taking it for granted, that, on Fyzoola Khan’s receiving the treaty and khelaut [or robe of honor], he was to make him a return of the complimentary presents usually offered on such occasions, and of such an amount as should be a manifestation of Fyzoola Khan’s due sense of his friendship, and suitable to his Excellency’s rank to receive”; and that the Resident, Middleton, “did make himself in some measure responsible for the said presents being obtained,” and did write to Mr. Daniel Barwell accordingly.

VII.  That, agreeably to the resolution of Council hereinbefore recited, the solicited guaranty, under the seal of the Resident, Middleton, thus duly authorized on behalf of the Company, was transmitted, together with the renewed treaty, to Mr. Daniel Barwell aforesaid at Rampoor, and that they were both by him, the said Barwell, presented to the Nabob Fyzoola Khan, with a solemnity not often paralleled, “in the presence of the greatest part of the Nabob’s subjects, who were assembled, that the ceremony might create a full belief in the breasts of all his people that the Company would protect him as long as he strictly adhered to the letter of his treaty.”