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between their doctrine which made the intention, the criterion of guilt; and Aboo Huneef, who made the manner or inftruments with which murder was committed, the rule of determining the punishment, and that the queftion had been lately determined by turning Aboo out of court. On later information of Sir William Jones, we are referred to Al Serajiyah, as before ftated, who declares his diffent to certain doctrines, as incompatible with juftice and with the doctrines of Omar and of Ali. I am very well convinced that no honeft follower of Omar, or of Ali, though required by act of Parliament to take the prescribed oath every fix days instead of every fix months, would put it in competition with the fundamental principles of the law of Mahomed, or fentence to death if the heir pardons; much less fhall we have from the follower of Omar a tear of pity, fuch as Mahomed fhed over the tomb of his mother, for whom he was forbidden to pray; though by his faith he must continue to believe the British conqueror doomed to the loweft abyfs of everlasting

*Introduction, page iv.

torments. We might expect better chance from the twelve Imaums, or heads of faith, deduced from Fatima, the daughter of Mahomed, given in marriage to Ali, whofe followers, more tolerant, acknowledge the fcriptures, but deny the divinity of Chrift, and firmly believe all nations will be converted to Mahomedifm on the day of judgement*. Even chequering the jurisdiction of Musulmen and Hindoos by making Muffulmen collect from Durburtur and Bermuttur lands+, and Hindoos collect from Khyuat lands, may vex, but would fail in effect, if the tax is not defined with justice, and abufe controlled with vigour.

The humanity of Akbar, in a variety of codes, enumerated in the Ayeen Akberry, recorded fpecial grants to different claffes of fubjects whom he governed; by humanity and policy he softened the independant fpirit of fanaticifm with which the Mahomedan religion, destitute of priesthood or fa

* Franklin's Tour from Bengal to Perfia, p. 74, 1788.

+ Agricola's Letters.

crifice, looked down on the flaves of fuperftition. There can be no doubt but the Parliament of Great Britain, confiftently with the principles of a free constitution and the influence of Chriftianity, may from the code of Akbar felect the rule, and by its vigilance gradually diffuse the bleffings of its protection to an inoffenfive people. The description of Cauzees in 1789*, and in the reports of the Committees of the Houfe of Commons, concur that “the venality of Cauzees fince the Company's acceffion to the Dewannee added new taxes on Reyuts and compromised criminal offences+;" I should as much question their ability as their probity.

It does not require profeffional knowledge to fympathife with the British native fubject of India, who, grievoufly oppreffed, has hitherto found the courts of justice fhut to his fuit, if enough of his property does not remain, after feeing the lawyers,

P. xx.

Sketch of late Arrangements, Introd. p. xiii and

+ Seventh Report, p. 327.

*

to make a depofit of money in court proportioned to the greatnefs of the caufe, that it may be admitted to a hearing. This might be neceffary when the courts claimed the Chout or fourth of the amount of all fuits for their perquifite; and the credibility of one Mufjulman oppofed to two Hindoos might fuit Mahomedan conquerors; but the continuance of fuch dif tinction between fubjects is neither confiftent with policy nor juftice; and yet the jury of Muffulmen and Hindoost, as recommended by Mr. Law, appears not lefs inexpedient: because we know that the ef fential rights of Cafts would be perpetually violated unneceffarily, if perfons, ignorant of the distinctions, formed what they thought a creditable lift of jurors, merely to affume the form of British juries. Parliament is pledged to refpect ufage and opinions, but not to perpetuate the abufes of ufurpers.

*Sketch of late Arrangements, Introd. p. xviii. + Ibid. p. xxi.

CHAP. X.

Alienations of Revenue connected with political Error.

I

CONCLUDED the analysis of the Provincial Establishments of Mahomedan Conquerors in the countries conftituting British India, by an illuftration of the expediency of native forms * previous to the confirmed abuse of viceroyal affeffments by Zemindary jurifdictions in 1730, which ever fince has influenced the appropriation of the territorial revenue collected from the Reyuts. The extracts from Mr. Grant's analysis of the revenues of Bengal, and his political furvey of the Northern Circars, brought us to the knowledge of the amount of the fundamental alienations at the period of the acquifition of the Dewannee, and of the extent to which the peculation of native and European managers, or the ignorance or inattention of Parliament, had allowed the actual collections on the country to be + Page 201.

* Page 231.

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