[The Works Of The Right Honourable Edmund Burke, Vol. IX. (of 12) by Edmund Burke]@TWC D-Link bookThe Works Of The Right Honourable Edmund Burke, Vol. IX. (of 12) PART IX 207/219
The Cadi could not judge, but by the advice of his assessors.
Properly in the Mahomedan law there is no appeal, only a removal of the cause; but when there is no judgment, as none can be when the court is not unanimous, it goes to the general assembly of all the men of the law.
There are, I will venture to say, other divisions and subdivisions; for there are the _Kanongoes_, who hold their places for life, to be the conservators of the canons, customs, and good usages of the country: all these, as well as the Cadi and the Mufti, hold their places and situations, not during the wanton pleasure of the prince, but on permanent and fixed terms for life.
All these powers of magistracy, revenue, and law are all different, consequently not delegated in the whole to any one person. This is the provincial constitution, and these the laws of Bengal; which proves, if there were no other proof, by the division of the functions and authorities, that the supreme power of the state in the Mogul empire did by no means delegate to any of its officers the supreme power in its fulness.
Whether or no we have delegated to Mr.Hastings the supreme power of King and Parliament, that he should act with the plenitude of authority of the British legislature, you are to judge. Mr.Hastings has no refuge here.
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