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On the day appointed for the trial of Warren Hastings there was a wonderful crowding into the great hall at Westminster. The walls had been in preparation hung with scarlet, and galleries raised all round for the accommodation of spectators. The seats for the members of the House of Commons were covered with green cloth, those for the lords and all the others with red. Galleries were set apart for distinguished persons, and for the members of the foreign embassies. When the lords, nearly one hundred and seventy in number, entered in procession, the vast hall presented a striking scene, being crowded, with the exception of the space in the centre for the peers, with all who were noted in the land, from the throne downwards. The lords were all in their robes of gold and ermine, marshalled by the king-at-arms and the heralds. First entered Lord Heathfield, the brave old Elliot of Gibraltar, as the junior baron, and the splendid procession was closed by the Earl Marshal of England, the Duke of Norfolk, and by the brothers and sons of the king, the Prince of Wales last of all. The twelve judges attended to give their advice on difficult points of law, and the Managers were attended also by their counsel, Drs. Scott and Lawrence, and Mr. Mansfield, Mr. Pigot, Mr. Burke, and Mr. Douglas. The galleries blazed with the rich array of ladies and foreign costumes. There were seen the queen with her daughters, and the Princesses Elizabeth, Augusta, and Mary, the Duchess of Gloucester, Mrs. Fitzherbert, the beautiful Duchess of Devonshire, Sheridan's handsome wife, and the great actress, Mrs. Siddons. Gibbon the historian, Dr. Parr, Mr., afterwards Sir, James Mackintosh, and numbers of distinguished artists, amongst them Sir Joshua Reynolds and Gainsborough, were also present.

Warren Hastings was summoned to the bar, and there kneeling, the Lord Chancellor, Thurlow, intimated the charge against him, and assured him that, as a British subject, he would receive full justice from the highest British court. Hastings replied, in a clear and firm voice, that he had the highest confidence in the justice and integrity of that august court. The clerks of the court then commenced reading the charges against him, and the answers to them, and this reading occupied the whole of that day and the following one; and on the third, Burke rose to deliver his opening speech. This occupied the whole of four days, beginning on the 15th, and terminating on the 19th of February. The effect of that speech, notwithstanding its enormous length, was such as had scarcely ever been witnessed in a court of justice before. As he detailed the horrors practised by Hastings on the princes and people of India, both the orator and his audience were convulsed with terror and agitation. Ladies fainted away in the galleries; Mrs. Sheridan, amongst others, had to be carried out insensible: the faces of the strongest men, as well as of the more sensitive women, were flushed with emotion, or bathed in tears. In his peroration Burke far exceeded even himself. He appeared raised, enlarged into something ethereal by his subject, and his voice seemed to shake the very walls and roof of that ancient court. Finally, he exclaimed:—"I impeach Warren Hastings, Esquire, of high crimes and misdemeanours. I impeach him in the name of all the Commons of Great Britain in Parliament assembled, whose parliamentary trust he has betrayed. I impeach him in the name of the people of India, whose laws, rights, and liberties he has subverted, whose properties he has destroyed, whose country he has laid waste and desolate. I impeach him in the name, and by virtue of those eternal laws of justice which he has violated. I impeach him in the name of human nature itself, which he has cruelly outraged, injured, and oppressed, in both sexes, in every age, rank, situation, and condition of life. And I conjure this high and sacred court to let not these proceedings be heard in vain." Such was the effect of this wonderful torrent of eloquence that Hastings himself said, "For half an hour I looked up at the orator in a reverie of wonder; and during that space I actually felt myself the most culpable man on earth; but I recurred to my own bosom, and there found a consciousness that consoled me under all I heard and all I suffered."

When the intense agitation had in some degree subsided, Fox rose and proposed the mode in which the trial should be conducted, which was that the evidence on both sides should be gone through on each separate charge, and that charge immediately decided, whilst all the facts were fresh in the minds of the lords, who were the judges. But this was opposed by the counsel of Hastings, who knew well the advantage of leaving the decision till the vivid impression of the events was worn off. They succeeded in carrying their object, and when the trial terminated eight years afterwards, the result was quite according to their hopes. The Managers complained loudly, but there was no remedy. Fox, therefore, proceeded to open the Benares case, which occupied five hours. Grey took it up, and completed it the next day. Several succeeding days were employed in reading papers and hearing witnesses, and then Anstruther summed up and commented on the charge.

The court then adjourned to the 15th of April. The case of the Begums was opened by Mr. Adams, and concluded the next day by Mr. Pelham. Then sixteen days were occupied by the evidence, and at length, on the 3rd of June, Sheridan began to sum up the evidence, and, in a speech which lasted three days, he kept the court in the highest state of excitement. The place was crowded to suffocation during the whole time, and as much as fifty guineas is said to have been paid for a single seat. Greatly as this speech of Sheridan's was admired, it was felt to be too ornate and dramatic: there was not the deep and genuine feeling of Burke in it, and the effect was so evidently studied, that, on concluding, Sheridan fell back into the arms of Burke, as if overcome by his own sensations. The prorogation of Parliament was now at hand, and only two out of the twenty charges had been gone through: neither of them had yet been replied to, and yet other causes of engrossing interest arising, the trial was entirely suspended till the 20th of April of the following year! Then it was taken up languidly and at uncertain intervals, and rapidly became a mere exhibition of rhetoric. Further, Burke's unlawyer-like style and intemperance of language drew upon him the censure of the Lord Chancellor, and even of the House of Commons. A revulsion of public feeling took place, and was seen in the acquittal of Stockdale who was tried for libelling the promoters of the trial. Three years afterwards Burke himself renounced sixteen of his charges, and all popular interest in the trial gradually disappeared.

But the public attention was now freely withdrawn from Warren Hastings to much more exalted personages. On the 11th of July the king in person prorogued Parliament. He then appeared in his usual health, but soon afterwards it was whispered about that he was far from well, and had gone to Cheltenham by the advice of his physicians. When he returned in the autumn, the opinion of his derangement had gained ground, and, to remove this, a Drawing-room was held at St. James's on the 24th of October. Every means had been taken to secure the impression of his Majesty's saneness, but they failed, and the contrary impression was confirmed. Still, the king returned to Windsor, and the endeavours were strenuously maintained by the queen to conceal the melancholy fact from the public; but this was too positive to be long suppressed. On the 5th of November he met his son, the Duke of York, after he had been riding about Windsor Forest for five hours in a state of frenzy, and, bursting into tears, wished that he was dead, for that he felt he should go mad. No doubt he remembered his old sensations when he had a short but sharp fit of lunacy in 1764. The time was hurrying on which must reveal the whole truth; the prorogation of Parliament terminated on the 20th of November; the House would meet, and the king would not be able to attend and open the Session. Pitt was in a state of indescribable anxiety, having no precedents to guide him.

The 20th of November arrived; the two Houses met, and Lord Camden in the Peers, and Pitt in the Commons, were obliged to announce the incapacity of the king to open the Session, and to move for an adjournment till the 4th of December, in order that the necessary measures for transferring the royal authority, temporarily, might be taken. Fox, at this important crisis, was abroad, and had to hurry home with headlong speed, in order to join his party in their anxious deliberations preparatory to the great question of the regency. In the meantime, the king's physicians had been examined before the Privy Council, and had given their opinion that the royal malady would prove only temporary. This in particular was the opinion of Dr. Willis, a specialist who had the chief management of the case, and whose mild treatment, in contrast to the violent means previously employed, had already produced a marked improvement. From this moment Pitt appears to have taken his decision—namely, to carry matters with a high hand, and to admit the Prince of Wales as regent only under such restrictions as should prevent him from either exercising much power himself, or conferring much benefit on his adherents. When, therefore, Parliament met, after the adjournment, and that in great strength—for men of all parties had hurried up to town,—Lord Camden moved in the Lords, and Pitt in the Commons, that, in consequence of the king's malady, the minutes of the Privy Council containing the opinions of the royal physicians should be read, and that this being done, these opinions should be taken into consideration on the 8th of December.

This being done, Mr. Vyner suggested that the physicians should rather be examined by the House itself, a proposal supported by Fox. Pitt replied that this was a matter requiring much delicacy, and that the opinions of the physicians before the Council being on oath, he imagined that they had greater force than any given before Parliament, where they would not be on oath. But, during the four days' adjournment, he had ascertained, to his satisfaction, that the majority of the physicians were of opinion that the king would pretty soon recover, and that especially Dr. Willis was of this opinion, under whose more immediate care he was; and no sooner did the Commons meet, than Pitt most judiciously acquiesced in the suggestions of Vyner and Fox; and the physicians were examined by a committee of twenty-one members, of which he himself was chairman. On the 16th of December Pitt brought up the report of the committee, in which a majority of the physicians had expressed the opinion that the malady of the king would not be of long duration; and he then moved for another committee to search for precedents as to the power to be exercised by a regent. Fox declared that Pitt knew very well that there were no precedents to be found while there existed an Heir Apparent, at the time, of full age and capacity; that he was seeking only the means of delaying what ought to be done at once; that the failure of the mind of the sovereign was a case of natural demise, and that the Heir Apparent succeeded to the exercise of the royal authority from the period of that failure, as a matter of course; that the Parliament had, indeed, the authority to decide that such failure had actually taken place, and to sanction the assumption of the powers of regency, as the other two Estates of the realm, but nothing more. When Fox made this astounding assertion, Pitt slapped his thigh and exclaimed to a colleague sitting near him, "I'll unwhig the gentleman for the rest of his life."

He immediately made use of the opportunity with great skill. In his reply he urged that Fox was announcing a doctrine destructive of the Constitution; that he was denying the right by which Parliament had placed the present family on the throne, and he asserted that the Prince of Wales had no more natural right to assume the regency than any other individual. This led to the severest censures of the Premier by Burke, who declared that Pitt was making himself a dictator, and changing the succession to the regal power in England from hereditary to elective. The same doctrine was announced and combated in the Lords; but there, though Thurlow was silent, waiting to see how matters would go before he hazarded an opinion, Loughborough boldly supported Fox's doctrine, and declared that had the derangement of the king taken place during the non-existence of Parliament, the prince undoubtedly would have been warranted in issuing writs and summoning one. On the 15th of December the Duke of York and his uncle, the Duke of Gloucester, both spoke on the question, expressing their sense of the inexpediency of pressing the delicate question of right, and stating that Parliament could proceed to invest the Prince of Wales with the powers of the regency without waiting, as they certainly could not appoint any one else. Thurlow had by this time found that he had no chance with the Whigs, and he now, with unblushing assurance, took the part of Pitt, though every one knew why he had been hanging back till this moment. He declared that he could not see how Parliament could avoid coming to some conclusion on the question of right, seeing that it had been raised. At the same time, he made a most pretendedly pious defence of the rights of the king against the prince and the Whigs, exclaiming—"When I forget my king, may God forget me!" John Wilkes, who was standing in a knot of spectators near the throne, and within a few feet of Thurlow, expressed his disgust at this duplicity in his characteristically vigorous fashion.