The one had not a right to give, nor the other to receive
such powers. But whatever rights were vested in the Mogul, they cannot
belong either to Sujah Dowlah, to Mr. Hastings, or to the Company. These
latter are expressly bound by their compact to take care of the subjects
of the empire, and to govern them according to law, reason, and equity;
and when they do otherwise, they are guilty of tyranny, of a violation
of the rights of the people, and of rebellion against their sovereign.
We have taken these pains to ascertain and fix principles, because your
Lordships are not called upon to judge of facts. A jury may find facts,
but no jury can form a judgment of law; it is an application of the law
to the fact that makes the act criminal or laudable. You must find a
fixed standard of some kind or other; for if there is no standard but
the immediate momentary purpose of the day, guided and governed by the
man who uses it, fixed not only for the disposition of all the wealth
and strength of the state, but for the life, fortune, and property of
every individual, your Lordships are left without a principle to direct
your judgment. This high court, this supreme court of appeal from all
the courts of the kingdom, this highest court of criminal jurisdiction,
exercised upon the requisition of the House of Commons, if left without
a rule, would be as lawless as the wild savage, and as unprincipled as
the prisoner that stands at your bar.
Pages:
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294