Critical and Historical Essays. Volume 3. Томас Бабингтон Маколей

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been under the immediate rule of a Hindoo Prince, who rendered homage to the Mogul emperors. During the great anarchy of India, the lords of Benares became independent of the court of Delhi, but were compelled to submit to the authority of the Nabob of Oude. Oppressed by this formidable neighbor, they invoked the protection of the English. The English protection was given; and at length the Nabob Vizier, by a solemn treaty, ceded all his rights over Benares to the Company. From that time the Rajah was the vassal of the government of Bengal, acknowledged its supremacy, and engaged to send an annual tribute to Fort William. This tribute Cheyte Sing, the reigning prince, had paid with strict punctuality.

      About the precise nature of the legal relation between the Company and the Rajah of Benares there has been much warm and acute controversy. On the one side, it has been maintained that Cheyte Sing was merely a great subject on whom the superior power had a right to call for aid in the necessities of the empire. On the other side, it has been contended that he was an independent prince, that the only claim which the Company had upon him was for a fixed tribute, and that while the fixed tribute was regularly paid, as it assuredly was, the English had no more right to exact any further contribution from him than to demand subsidies from Holland or Denmark. Nothing is easier than to find precedents and analogies in favor of either view.

      Our own impression is that neither view is correct. It was too much the habit of English politicians to take it for granted that there was in India a known and definite constitution by which questions of this kind were to be decided. The truth is that, during the interval which elapsed between the fall of the house of Tamerlane and the establishment of the British ascendency, there was no such constitution. The old order of things had passed away; the new order of things was not yet formed. All was transition, confusion, obscurity. Everybody kept his head as he best might, and scrambled for whatever he could get. There have been similar seasons in Europe. The time of the dissolution of the Carlovingian empire is an instance. Who would think of seriously discussing the question, What extent of pecuniary aid and of obedience Hugh Capet had a constitutional right to demand from the Duke of Brittany or the Duke of Normandy? The words "constitutional right" had, in that state of society, no meaning. If Hugh Capet laid hands on all the possessions of the Duke of Normandy, this might be unjust and immoral; but it would not be illegal, in the sense in which the ordinances of Charles the Tenth were illegal. If, on the other hand, the Duke of Normandy made war on Hugh Capet, this might be unjust and immoral; but it would not be illegal, in the sense in which the expedition of Prince Louis Bonaparte was illegal.

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      The Ecclesiastical and Political History of the Popes of Rome, during the Sixteenth and Seventeenth Centuries. By Leopold Ranke, Professor in the University of Berlin. Translated from the German by Sarah Austin. 3 vols. 8vo. London: 1840.

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      The Dramatic Works o

1

The Ecclesiastical and Political History of the Popes of Rome, during the Sixteenth and Seventeenth Centuries. By Leopold Ranke, Professor in the University of Berlin. Translated from the German by Sarah Austin. 3 vols. 8vo. London: 1840.

2

The Dramatic Works of Wycherley, Congreve, Vanbrugh, and Farquhar, with Biographical and Critical Notices. By Leigh Hunt. 8vo. London: 1840.

The point is of no importance; and there cannot be said to be much evidence either way. We offer, however, to Mr. Leigh Hunt's consideration three arguments, of no great weight certainly, yet such as ought, we think, to prevail in the absence of better. First, it is not very likely that a young Templar, quite unknown in the world,—and Wycherley was such in 1665,—should have quitted his chambers to go to sea. On the other hand, it would be in the regular course of things, that, when a courtier and an equerry, he should offer his services. Secondly, his verses appear to have been written after a drawn battle, like those of 1673, and not after a complete victory, like that of 1605. Thirdly, in the epilogue to the Gentleman Dancing-Master, written in 1673, he says that "all gentlemen must pack to sea;" an expression which makes it probable that he did not himself mean to stay behind.

3

Mr. Leigh Hunt supposes that the battle at which Wycherley was present was that which the Duke of York gained over Opdam, in 1665. We believe that it was one of the battles between Rupert and De Ruyter, in 1673.

4

The Opinions of Lord Holland, as recorded in the Journals of the House of Lords, from 1797 to 1841. Collected and edited by D. C. Moylan, of Lincoln's Inn, Barrister-at-Law. 8vo. London: 1841.

5

Memoirs of the Life of Warren Hastings, first Governor-General of Bengal. Compiled from Original Papers, by the Rev. G. R. Gleig, M. A. 3 vols. 8vo. London: 1841.

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