The Works of the Right Honourable Edmund Burke, Vol. 12 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 12 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
any one ignorant, that, from the days of the first origin of the Persian
monarchy, the laws of which have become rules ever since for almost all
the monarchs of the East, the wives of great men have had, independent
of the common distribution of their goods, great sums of money and great
estates in land, one for their girdle, one for their veil, and so on,
going through the rest of their ornaments and attire,--and that they
held great estates and other effects over which the reigning monarch or
his successor had no control whatever? Indeed, my Lords, a more curious
and extraordinary species of trial than this of a question of right
never was heard of since the world began. Mr. Hastings begins with
seizing the goods of the Begums at Fyzabad, nine thousand miles from
you, and fourteen years after tries the title in an English court,
without having one person to appear for these miserable ladies. I trust
you will not suffer this mockery; I hope this last and ultimate shame
will be spared us: for I declare to God, that the defence, and the
principles of it, appear to me ten thousand times worse than the act
itself.
Now, my Lords, this criminal, through his counsel, chooses, with their
usual flippancy, to say that the Commons have been _cautious_ in stating
this part of the charge, knowing that they were on tender ground, and
therefore did not venture to say _entitled_, but _possessed of_ only. A
notable discovery indeed! We are as far from being taken in by such
miserable distinctions as we are incapable of making them. We certainly
have not said that the Begums were entitled to, but only that they were
possessed of, certain property. And we have so said because we were not
competent to decide upon their title, because your Lordships are not
competent to decide upon their title, because no part of this tribunal
is competent to decide upon their title. You have not the parties before
you; you have not the cause before you,--but are getting it by oblique,
improper, and indecent means. You are not a court of justice to try that
question. The parties are at a distance from you; they are neither
present themselves, nor represented by any counsel, advocate, or
attorney: and I hope no House of Lords will ever judge and decide upon
the title of any human being, much less upon the title of the first
women in Asia, sequestered, shut up from you, at nine thousand miles'
distance.
Public-domain text, read in full here on John Shaqi.
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