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
Now, my Lords, observe who his models were, when he intended to punish
this man for an insult on himself. Did he consult the laws? Did he look
to the Institutes of Timour, or to those of Genghis Khan? Did he look to
the Hedaya, or to any of the approved authorities in this country? No,
my Lords, he exactly followed the advice which Longinus gives to a great
writer:--"Whenever you have a mind to elevate your mind, to raise it to
its highest pitch, and even to exceed yourself, upon any subject, think
how Homer would have described it, how Plato would have imagined it, and
how Demosthenes would have expressed it; and when you have so done, you
will then, no doubt, have a standard which will raise you up to the
dignity of anything that human genius can aspire to." Mr. Hastings was
calling upon himself, and raising his mind to the dignity of what
tyranny could do, what unrighteous exaction could perform. He
considered, he says, how much Sujah Dowlah would have exacted, and that
he thinks would not be too much for him to exact. He boldly avows,--"I
raised my mind to the elevation of Sujah Dowlah; I considered what
Cossim Ali Khan would have done, or Aliverdy Khan, who murdered and
robbed so many, I had all this line of great examples before me, and I
asked myself what fine they would have exacted upon such an occasion.
But," says he, "Sujah Dowlah levied a fine of twenty lacs for a right of
succession."
Good God! my Lords, if you are not appalled with the violent injustice
of arbitrary proceedings, you must feel something humiliating at the
gross ignorance of men who are in this manner playing with the rights of
mankind. This man confounds a fine upon succession with a fine of
penalty. He takes advantage of a defect in the technical language of our
law, which, I am sorry to say, is not, in many parts, as correct in its
distinctions and as wise in its provisions as the Mahometan law. We use
the word _fine_ in three senses: first, as a punishment and penalty;
secondly, as a formal means of cutting off by one form the ties of
another form, which we call levying a fine; and, thirdly, we use the
word to signify a sum of money payable upon renewal of a lease or
copyhold. The word has in each case a totally different sense; but such
is the stupidity and barbarism of the prisoner, that he confounds these
senses, and tells you Sujah Dowlah took twenty-five lacs as a fine from
Cheyt Sing for the renewal of his zemindary, and therefore, as a
punishment for his offences, he shall take fifty. Suppose any one of
your Lordships, or of us, were to be fined for assault and battery, or
for anything else, and it should be said, "You paid such a fine for a
bishop's lease, you paid such a fine on the purchase of an estate, and
therefore, now that you are going to be fined for a punishment, we will
take the measure of the fine, not from the nature and quality of your
offence, not from the law upon the subject, or from your ability to
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