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
On one side, your Lordships have the prisoner declaring that the people
have no laws, no rights, no usages, no distinctions of rank, no sense of
honor, no property,--in short, that they are nothing but a herd of
slaves, to be governed by the arbitrary will of a master. On the other
side, we assert that the direct contrary of this is true. And to prove
our assertion we have referred you to the Institutes of Genghis Khan and
of Tamerlane; we have referred you to the Mahometan law, which is
binding upon all, from the crowned head to the meanest subject,--a law
interwoven with a system of the wisest, the most learned, and most
enlightened jurisprudence that perhaps ever existed in the world. We
have shown you, that, if these parties are to be compared together, it
is not the rights of the people which are nothing, but rather the rights
of the sovereign which are so. The rights of the people are everything,
as they ought to be, in the true and natural order of things. God forbid
that these maxims should trench upon sovereignty, and its true, just,
and lawful prerogative!--on the contrary, they ought to support and
establish them. The sovereign's rights are undoubtedly sacred rights,
and ought to be so held in every country in the world, because exercised
for the benefit of the people, and in subordination to that great end
for which alone God has vested power in any man or any set of men. This
is the law that we insist upon, and these are the principles upon which
your Lordships are to try the prisoner at your bar.
Let me remind your Lordships that these people lived under the laws to
which I have referred you, and that these laws were formed whilst we, I
may say, were in the forest, certainly before we knew what technical
jurisprudence was. These laws are allowed to be the basis and substratum
of the manners, customs, and opinions of the people of India; and we
contend that Mr. Hastings is bound to know them and to act by them; and
I shall prove that the very condition upon which he received power in
India was to protect the people in their laws and known rights. But
whether Mr. Hastings did know these laws, or whether, content with
credit gained by as base a fraud as was ever practised, he did not read
the books which Nobkissin paid for, we take the benefit of them: we know
and speak after knowledge of them. And although I believe his Council
have never read them, I should be sorry to stand in this place, if there
was one word and tittle in these books that I had not read over.
Public-domain text, read in full here on John Shaqi.
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