The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
The primeval law of that country is the Gentoo law; and I refer your
Lordships to Mr. Halhed's translation of that singular code,--a work
which I have read with all the care that such an extraordinary view of
human affairs and human constitutions deserves. I do not know whether
Mr. Halhed's compilation is in evidence before your Lordships, but I do
know that it is good authority on the Gentoo law. Mr. Hastings, who
instructed his counsel to assert that the people have "no rights, no
law," ought to be well acquainted with this work, because he claimed
for a while the glory of the compilation, although Nobkissin, as your
Lordships remember, was obliged to pay the expense. This book, a
compilation of probably the most ancient laws in the world, if we except
the Mosaic, has in it the duty of the magistrate and the duty of all
ranks of subjects most clearly and distinctly ascertained; and I will
give up the whole cause, if there is, from one end to the other of this
code, any sort of arbitrary power claimed or asserted on the part of the
magistrate, or any declaration that the people have no rights of
property. No: it asserts the direct contrary.
First, the people are divided into classes and ranks, with more accuracy
of distinction than is used in this country, or in any other country
under heaven. Every class is divided into families, some of whom are
more distinguished and more honorable than others; and they all have
rights, privileges, and immunities belonging to them. Even in cases of
conquest, no confiscation is to take place. A Brahmin's estate comes by
descent to him; it is forever descendible to his heirs, if he has heirs;
and if he has none, it belongs to his disciples, and those connected
with him in the Brahminical caste. There are other immunities declared
to belong to this caste, in direct contradiction to what has been
asserted by the prisoner. In no case shall a Brahmin suffer death; in no
case shall the property of a Brahmin, male or female, be confiscated for
crime, or escheat for want of heirs. The law then goes on to other
castes, and gives to each its property, and distinguishes them with
great accuracy of discrimination.
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