"[96]
Here your Lordships see that the Caliph, who is a magistrate of the
highest authority which can exist among the Mahometans, where property
or life is concerned has no arbitrary power, but is responsible just as
much as any other man.
I am now to inform your Lordships that the sovereign can raise no taxes.
The imposing of a tribute upon a Mussulman, without his previous
consent, is impracticable. And so far from all property belonging to the
sovereign, the public treasure does not belong to him. It is declared to
be the common property of all Mahometans. This doctrine is laid down in
many places, but particularly in the 95th page of the second volume of
Hamilton's Hedaya.
Mr. Hastings has told you what a sovereign is, and what sovereignty is,
all over India; and I wish your Lordships to pay particular attention to
this part of his defence, and to compare Mr. Hastings's idea of
sovereignty with the declaration of the Mahometan law. The tenth chapter
of these laws treats of rebellion, which is defined an act of warfare
against the sovereign. You are there told who the sovereign is, and how
many kinds of rebels there are. The author then proceeds to say,--"The
word _baghee_ (rebellion), in its literal sense, means prevarication,
also, injustice and tyranny; in the language of the law it is
particularly applied to injustice, namely, withdrawing from obedience to
the rightful Imaum (as appears in the _Fattahal-Kadeen_).
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