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
I might, if necessary, show your Lordships that the highest magistrate
is subject to the law; that there is a case in which he is finable; that
they have established rules of evidence and of pleading, and, in short,
all the rules which have been formed in other countries to prevent this
very arbitrary power. Notwithstanding all this, the prisoner at the bar,
and his counsel, have dared to assert, in this sacred temple of justice,
in the presence of this great assembly, of all the bishops, of all the
peers, and of all the judges of this land, that the people of India have
no laws whatever.
I do not mean to trouble your Lordships with more extracts from this
book. I recommend it to your Lordships' reading,--when you will find,
that, so far from the magistrate having any power either to imprison
arbitrarily or to fine arbitrarily, the rules of fines are laid down
with ten thousand times more exactness than with us. If you here find
that the magistrate has any power to punish the people with arbitrary
punishment, to seize their property, or to disfranchise them of any
rights or privileges, I will readily admit that Mr. Hastings has laid
down good, sound doctrine upon this subject. There is his own book, a
compilation of their laws, which has in it not only good and excellent
positive rules, but a system of as enlightened jurisprudence, with
regard to the body and substance of it, as perhaps any nation ever
possessed,--a system which must have been composed by men of highly
cultivated understandings.
As to the travellers that have been quoted, absurd as they are in the
ground of their argument, they are not less absurd in their reasonings.
For, having first laid it down that there is no property, and that the
government is the proprietor of everything, they argue, inferentially,
that they have no laws. But if ever there were a people that seem to be
protected with care and circumspection from all arbitrary power, both in
the executive and judicial department, these are the people that seem to
be so protected.
I could show your Lordships that they are so sensible of honor, that
fines are levied and punishment inflicted according to the rank of the
culprit, and that the very authority of the magistrate is dependent on
their rank. That the learned counsel should be ignorant of these things
is natural enough. They are concerned in the gainful part of their
profession. If they know the laws of their own country, which I dare say
they do, it is not to be expected that they should know the laws of any
other. But, my Lords, it is to be expected that the prisoner should know
the Gentoo laws: for he not only cheated Nobkissin of his money to get
these laws translated, but he took credit for the publication of the
work as an act of public spirit, after shifting the payment from himself
by fraud and peculation. All this has been proved by the testimonies of
Mr. Auriol and Mr. Halhed before your Lordships.
Public-domain text, read in full here on John Shaqi.
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