He was bound to
proceed publicly and legally against the accused, and to convict him of
his crime, previous to his inflicting, or forming any intention of
inflicting, punishment. I say, my Lords, that Mr. Hastings, as a
magistrate, was bound to proceed against the Rajah either by English
law, by Mahometan law, or by the Gentoo law; and that, by all or any of
these laws, he was bound to make the accused acquainted with the crime
alleged, to hear his answer to the charge, and to produce evidence
against him, in an open, clear, and judicial manner. And here, my Lords,
we have again to remark, that the Mahometan law is a great discriminator
of persons, and that it prescribes the mode of proceeding against those
who are accused of any delinquency requiring punishment, with a
reference to the distinction and rank which the accused held in society.
The proceedings are exceedingly sober, regular, and respectful, even to
criminals charged with the highest crimes; and every magistrate is
required to exercise his office in the prescribed manner. In the Hedaya,
after declaring and discussing the propriety of the Kazi's sitting
openly in the execution of his office, it is added, that there is no
impropriety in the Kazi sitting in his own house to pass judgment, but
it is requisite that he give orders for a free access to the people.
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