The Life of Robert, Lord Clive, Vol. 2 (of 3): Collected from the Family Papers Communicated by the Earl of PowisMalcolm, John
History
The Life of Robert, Lord Clive, Vol. 2 (of 3): Collected from the Family Papers Communicated by the Earl of Powis
Malcolm, John
Clive, Robert Clive, Baron, 1725-1774; India -- History -- British occupation, 1765-1947
"Such were the grounds upon which the right to the jaghire was
contested; and we may judge how very futile they were, by the sentiments
entertained of them by all the eminent lawyers of the time; for the
Court of Directors consulted gentlemen of the first reputation in the
profession. Among these were Mr. Yorke, the Attorney-general, and Sir
Fletcher Norton, the Solicitor-general, the substance of whose opinions
was, that it did not appear to be material to enter into such objections
as might be made either by the Emperor of Hindustan or the successors of
Meer Jaffier, to the form or substance of the grant of the lands to the
Company, or of the reserved rent to Lord Clive; that they both claimed
under the same granter, and that the East India Company could not raise
an objection against the grant to Lord Clive, founded on the want of
right and power in the Nabob, which would not impeach their own; that
the question was to be considered, not upon the strict absolute words
(according to the laws and constitution of the Moghul empire), but
relatively as between the East India Company, the grantee of the lands
from Meer Jaffier, and Lord Clive, the grantee of the same Nabob, of a
rent issuing and reserved out of those lands when granted to the
Company; that the question ought to be determined between his Lordship
and the Company upon the same principles as the like question would be
determined, arising between the owner of lands in England subject to a
rent, and the grantee or assignee of that rent, in a case where both
parties derived from the same original granter; that it was incumbent
upon the Court of Directors, in this instance, to turn chancellors
against themselves; and that it was for the honour of that great Company
to act upon such principles, not only with foreign merchants, trading
companies, and foreign states and sovereigns, but with their own
servants.
"Such was the opinion of the greatest lawyers. But the Court of
Directors, actuated, it should seem, rather by a spirit of resentment
than by principles of equity, although they could not hope for a
decision in their favour, determined still to withhold the jaghire, and
to protract the judgment of Chancery by such stratagems or delays as the
forms of judicial proceedings might chance to furnish them with."
Lord Clive complained (and apparently with great justice) of the mode in
which this measure relating to his jaghire was to be carried into
execution. The letter regarding it was sent to India without any
intimation to him; and when, on hearing that the government of Bengal
had been directed to stop all future payments to his agents, he applied
to the Court of Directors for a copy of their proceedings in a case so
deeply affecting his fortune and his reputation, they peremptorily
refused compliance with his request.
Public-domain text, read in full here on John Shaqi.
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