ONE:The report was agreed to, the impeachment was voted, and Burke, attended by the majority of the House, on the 10th of May, carried it up to the Lords. On the motion of Burke, Warren Hastings was then taken into custody, and delivered over to the Lords, who bound him to appear to take his trial, when called upon, in a bond of twenty thousand pounds himself, and Messrs. Sullivan and Sumner as his sureties in ten thousand pounds each.Before leaving, the courteous officer permitted Bailly and about half-a-dozen deputies to enter and bring out their papers. The carpenters were already at work making preparations for the royal sance, which was intended for a counter-manifestation, and as the body of the deputies, now nearly completing their six hundred, marched through the streets, they heard the heralds[361] proclaiming it for Monday, the 22nd. Bailly felt that there was more indignity intended than even that of turning them so unceremoniously out of their house, for a message had been sent to him from the king, announcing the sance, but it had not been delivered to him, as etiquette required, at the hall, but at his private house, and not by a written dispatch, but verbally by De Brz, the master of ceremonies. When the deputies, with their president at their head, reached the Tennis Court, they found it a very spacious apartment, but naked, unfurnished, and desolate. There were no seats for the deputies, and a chair being offered to Bailly he declined it, saying he would not sit whilst the other members were standing. A wooden bench was brought, and served for a desk, two deputies were stationed as doorkeepers, and the keeper of the Court appeared and offered them his services. Great numbers of the populace crowded in, and the deliberations commenced. There were loud complaints of the interruption of their sitting, and many proposals to prevent such accidents in future. It was proposed to adjourn to Paris, where they would have the support of the people, and this project was received with enthusiasm; but Bailly feared that they might be attacked on the way, and, moreover, that such a measure would give an advantage to their enemies, looking like a desertion of their ground. Mounier then proposed that the deputies should bind themselves by an oath never to separate till they had completed the Constitution. This was hailed with enthusiasm. The oath was drawn up, and Bailly, standing on the bench, read it aloud:"You solemnly swear never to separate, and to re-assemble whenever circumstances shall require it, until the Constitution of the kingdom is founded and established on a solid basis." As he read this all the deputies held up their right hands, and repeated after him the words, "We swear!" The formula was read so loud that not only the spectators within but numbers without heard it, and all joined in the cry, "We swear!" Then followed loud acclaims of "Vive l'Assemble!" "Vive le Roi!"
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