The Works of the Right Honourable Edmund Burke, Vol. 12 (of 12) by Edmund Burke
page 35 of 473 (07%)
page 35 of 473 (07%)
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it did not require an Ådipus or a Sphinx to answer it. Says he, "I
asked Sir Elijah Impey." What? a question on the title between the Nabob and his mother? No such thing. He puts an hypothetical question. "Supposing," says he, "a rebellion to exist in that country; will the Nabob be justified in seizing the goods of the rebels?" That is a question decided in a moment; and I must have a malice to Sir Elijah Impey of which I am incapable, to deny the propriety of his answer. But observe, I pray you, my Lords, there is something peculiarly good and correct in it. He does not take upon him to say one word of the actual existence of a rebellion, though he was at the time in the country, and, if there had been any, he must have been a witness to it; but, so chaste was his character as a judge, that he would not touch upon the juries' office. "I am chief-justice here," says he, "though a little wandering out of my orbit; yet still the sacred office of justice is in me. Do you take upon you the fact; I find the law." Were it not for this sacred attention to separate jurisdictions, he might have been a tolerable judge of the fact,--just as good a judge as Mr. Hastings: for neither of them knew it any other way, as it appears afterwards, but by rumor and reports,--reports, I believe, of Mr. Hastings's own raising; for I do not know that Sir Elijah Impey had anything to do with them. But to proceed. With regard to the title of these ladies, according to the Mahometan law, you have nothing laid before you by the prisoner's counsel but a quotation cut out with the scissors from a Mahometan law-book, (which I suspect very much the learned gentlemen have never read through,) declaring how a Mahometan's effects are to be distributed. But Mr. Hastings could not at the time have consulted that learned counsel who now defends him upon the principles of the Hedaya, the Hedaya not having been then published in English; and I will venture to say, that neither Sir Elijah Impey nor Ali Ibrahim Khân, nor any |
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