Discernment of the Collector, occasioned many changes. Every change added to the confusion . . . and few were either authorised or known by the presiding Members of the Government. The Articles which composed the Revenuethe Form of keeping Accounts, the Computation of time, even the Technical Terms, which ever form the greatest part of the obscurity of every science differed as much as the soil and productions of the Province. This Confusion had its origin in the Nature of the Former Government. The Nazims exacted what they could from the Zemindars and great Farmers of the Revenue, whom they left at Liberty to plunder all below them, reserving to themselves the prerogative of plundering them in their Turn, when they were supposed to have enriched themselves with the spoils of the Country. . These Profits were considered as illegal Embezzlements, and therefore were taken with every Precaution that could ensure secrecy; and being, consequently, fixed by no Rate, depended on the Temper, Abilities, or Power of each Individual for the Amount. It therefore became a duty in every man to take the most effectual measures to conceal the Value of his Property, and elude every Inquiry into his Conduct, while the Zemindars and other Landholders who had the Advantage of long Possession, availed themselves of it by complex Divisions of the Lands and intricate modes of Collection to perplex the Officers of the Government, and confine the knowledge of the Rents to themselves. It will easily be imagined that much of the Current Wealth stopped in its way to the public Treasury.

To the original Defects inherent in the Constitution of these Provinces, were added the unequal and unsettled Government of them since they became our property. A part of the Lands which were before in our possession, such as Burdwan, Midnapur, and Chittagong, continued subject to the authority of the Chiefs, who were immediately accountable to the Presidency. The 24 Parganas, granted by the Treaty of Plassey to the Company, were theirs on a different Tenure, being their immediate property by the Exclusion of the Zemindars, or hereditary Proprietors: their rents were received by Agents appointed to each Pargana, and remitted to the Collector, who resided in Calcutta.

The Rest of the Province was for some time entrusted to the joint-charge of the Naib Diwan and Resident of the Durbar, and afterwards to the Council of Revenue at Murshi

dabad, and to the Supervisors who were accountable to that Council. The administration itself was totally excluded from a concern in this Branch of the Revenue.

The internal arrangement of each District varied no less than that of the whole Province. The Lands subject to the same Collector, and intermixed with each other, were some held by Farm, some superintended by . . . Agents on the part of the Collector, and some left to the Zemindars and Talukdars themselves, under various degrees of Controul. The First were racked without mercy, because the Leases were but of a Year's standing, and the Farmer had no Interest or Check to restrain him from extracting more than the Land could bear. The Second were equally drained, and the Rents embezzled, as it was not possible for the Collector, with the greatest degree of attention on his part, to detect or prevent it. The latter, it may be supposed, were not exempted from the general corruption. If they were, the other Lands which lay near them would suffer by the migration of their inhabitants, who wou'd naturally seek Refuge from Oppression in a milder and more equitable Government.

The Administration of Justice has so intimate a connection with the Revenue, that we cannot omit the mention of it, while we are treating of this subject in a general view. . The Security of private property is the greatest Encouragement to Industry, on which the wealth of every State depends. The Limitation of the Powers annexed to the Magistracy, the Suppression of every Usurpation of them by private authority, and the Facilitating of the access to Justice, were the only means by which such a Security cou'd be obtained. But this was impossible under the circumstances which had hitherto prevailed. While the Nizamat1 and the Diwani 2 were in different Hands, and all the Rights of the Former were admitted, the Courts of Justice, which were the sole Province of the Nazim . . . could receive no Reformation. The Court and Officers of the Nizamat were continued, but their Efficacy was destroyed by the Ruling Influence of the Diwani. The regular Course of Justice was everywhere suspended; but every man exercised it who had the Power of compelling others to submit to his Decisions. The People were oppressed; they were discouraged, and disabled from improving the

1 The control of police and general administration, which remained with the Nawab and his officers.

2 The collection of the revenue, which was controlled by the Company, though mainly conducted by Indian officers.

Culture of their Lands; and in proportion as they had the demands of Individuals to gratify, they were prevented from discharging what was legally due to Government.

Such was the State of the Revenue, when your Commands were received by the Lapwing, and happily removed the difficulties which had hitherto opposed the Introduction of a more perfect System, by abolishing the Office of Naib Diwan, and authorising your administration to assume openly the Management of the Diwani in your Name, without any Foreign Intervention.

In the execution of these your Intentions, the points which claimed our principal attention, as will appear from the above Description, were to render the Accounts of the Revenue simple and intelligible, to establish Fixed Rates for the Collections, to make the Mode of them uniform in all parts of the Province, and to provide for an equal administration of Justice. In the steps which we have already taken, we have laboured to obtain these ends; with what Success will be seen hereafter. . . .

...

In order to secure the Inhabitants in the quiet Possession of the lands whilst they held them on terms of cultivation, and to prevent such Exactions as aforementioned in future, the Committee1 formed new Amulnamas or Leases, in which the claims upon the Ryots were precisely and distinctly ascertained, and the Farmers restricted from making any further Demands, under the severest Penalties. To this end, and to prevent the Farmers from eluding this restriction, they were ordered to grant new Pottas, or Deeds, to the Ryots, the Form of which was drawn out by the Committee and made public, specifying the conditions on which they were to hold their Land, the separate Heads or Articles of the Rents; and every encouragement was contained in them to cultivate the waste ground on a moderate and increasing Rent. . .

The more regular Administration of Justice was also deliberated on by the Committee of Circuit, and a Plan was formed by them which afterwards met with our Approbation. We cannot give you a better Idea of the Grounds on which this was framed, than by referring you to a Copy of it, together with a Letter from the Committee to the Board on the Occasion.2. . . We hope they will be read with that Indulgence

1 The Committee of Circuit, appointed by Hastings to investigate each district in turn and fix the assessments for the land-revenue. Hastings was himself the chairman of this Committee.

2 This letter forms No. 42 below.

us.

which We are humbly of Opinion is due to a Work of this kind, undertaken on the plain Principles of Experience and Common Observation, without the advantages which an intimate Knowledge of the Theory of Law might have afforded We have endeavoured to adapt our Regulations to the Manners and Understanding of the People, and Exigencies of the Country, adhering, as closely as We were able, to their Antient Usages and Institutions. It will be still a Work of some Months, We fear, before they can be thoroughly established throughout the Provinces; but We shall think our Labors amply recompensed if they meet with your Approbation, and are productive of the good Effects we had in (Forrest, Selections from the

view.

State Papers of . . . Hastings, ii. Appendix A.)

42. THE NEW SYSTEM OF JURISDICTION AND ITS
RELATION TO THE OLD

Letter from the Committee of Circuit to the Council at Fort William, dated Kasimbazar, August 15, 1772.

In the Copy of our Proceedings, which accompanied our Letter of the 28 ultimo, we intimated our Intention of communicating to you our Sentiments of the Magistracy of this Province.

upon the Subject

For the Information of our honourable Employers, it may be necessary to premise . . . that in forming the enclosed Plan, we have confined ourselves with a scrupulous Exactness to the constitutional Terms of Judicature already established in this Province; which are not only such as we think in themselves best calculated for expediting the Course of Justice, but such as are best adapted to the Understandings of the People...

The general Principles of all despotic Governments, that every Degree of Power shall be simple and undivided, seems necessarily to have introduced itself into the Courts of Justice; this will appear from a Review of the different Officers of Justice instituted in these Provinces, which, however unwilling we are to engross your Time with such Details, we deem necessary on this Occasion, in Proof of the above Assertions, and in Justification of the Regulations which we have recommended.

First. The Nazim,1 as supreme Magistrate, presides personally in the Trials of capital Offenders, and holds a Court every Sunday, called the Roz Adalat.

Second. The Diwan is the supposed Magistrate for the Decision of such Causes as relate to real Estates, or Property in Land, but seldom exercises this Authority in Person.

Third. The Darogo Adalat ul Alea is properly the Deputy of the Nazim; he is the Judge of all Matters of Property, excepting Claims of Land and Inheritance; he also takes Cognizance of Quarrels, Frays, and Abusive Names.

Fourth.-The Darogo Adalat Diwani, or Deputy of the Diwan, is the Judge of Property in Land.

Fifth.-The Faujdar is the Officer of the Police, the Judge of all Crimes not Capital; the Proofs of these last are taken before him, and reported to the Nazim for his Judgment, and Sentence upon them.

Sixth. The Kazi is the Judge of all Claims of Inheritance or Succession; he also performs the Ceremonies of Weddings, Circumcision, and Funerals.

Seventh. The Motesib has Cognizance of Drunkenness, and of the Vending of Spirituous Liquors and intoxicating Drugs, and the Examination of False Weights and Measures. Eighth. The Mufti is the Expounder of the Law.

Memorandum.-The Kazi is assisted by the Mufti and Motesib in his Court: After hearing the Parties and Evidences, the Mufti writes the Fetwa, or the Law applicable to the Case in Question, and the Kazi pronounces Judgment accordingly. If either the Kazi or Motesib disapprove of the Fetwa, the Cause is referred to the Nazim, who summons the General Assembly, consisting of the Kazi, Mufti, Motesib, the Darogos of the Adalat, the Maulvis, and all the learned in the Law, to meet and decide upon it. Their Decision is final.

From this List it will appear that there are properly Three Courts for the Decision of Civil Causes and One for the Police and Criminal Matters, the authority of the Motesib in the latter being too confined to be considered as an Exception: Yet, as all defective Institutions soon degenerate, by Use, into that Form to which they are inclined, by the unequal Prevalence of their component Parts; so these Courts are never known to adhere to their prescribed Rounds, but when restrained by the Vigilance of a wiser Ruler than commonly falls to the Lot of despotic States; at all other Times, not

1 I.e. the Nawab.