cording to the whole evidence before you, and to your opinion, after our directions, of the law refulting from it.

The last offence which I fhall mention to you is fo general, that it may affect every part of our proceedings in this Court, and fo atrocious, that human nature, in which a sense of religion feems inherent, starts at the name of it; I mean the wilful violation of folemn oaths, without the fanction of which, neither our fame, our properties, our freedom, or our lives can be long fecure. Nevertheless, I have many reasons to believe, and none to doubt, that affidavits of every ima ginable fact may as easily be procured in the ftreets and markets of Calcutta, especially from the natives, as any other article of traffick. I need not exhort you in general to prefent perjured witneffes, and their fuborners of every class or perfuafion, but will detain you a few moments longer with a remark or two on fuch inhabitants of these provinces, as profess a belief in GOD, and in Mohammed, whom they call his prophet. All the learned lawyers of his religion, with whom I have converfed in different parts of India, have affured me with one voice, that an oath by a Musliman is not held binding on his confcience, unless it be taken in the exprefs name of the Almighty, and that even then it is incomplete, unless the witness, after having

given his evidence, fwear again by the fame awful name, that he has spoken nothing but the truth. Nor is this abftrufe or refined learning, but generally known to Mohammedans of every degree, who are fully apprized, that an imprecation on themselves and their families, even with the Koran on their heads, is in fact no oath at all; and that, if, having fworn that they will speak truth, they ftill utter falfehoods, they can expiate their offence by certain religious aufterities; but that, if they forfwear themselves in regard to evidence already given, they cannot, except by the divine mercy, escape mifery in this world and in the next: it were to be wifhed, that the power of absolution, affumed by the Romish priesthood, were at least equally limited. My inquiries into the Hindu laws have not yet enabled me to give perfect information on the subject of oaths by the believers in Brehmà; but the first of their law-books, both in antiquity and authority, has been tranflated. into Perfian at my request; and thence I learn, that the mode of taking evidence from Hindus depends on the diftinction of their cafts, but that the punishment of false evidence extends rigorously to all, whether an oath be administered or not; and many Brahmans, as well as other Hindus of rank, would rather perish than submit to the ceremony of touching the leaf of the Tulafi, and the

water of the Ganges, which their Sáftras either do not mention at all, or confine to petty causes. It is ordained in the book of Menu, that a witness fhall turn his face to the caft or to the north; and, as this rule, whatever may have given rise to it, is very ancient, a revival of it may have no inconfiderable effect: according to the fame legiflator, a Brahman must be fworn by his credit, a Chatri by his arms, a Vaifya by his

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grain, cattle and gold, and a Sudra by every 'crime that can be committed;' but the brevity of this text has made it obfcure, and open to different interpretations. The fubject is, therefore, difficult for want of accurate information, which, it is hoped, may in due time be procured, and made as publick as poffible. In general I obferve, that the Hindu writers have exalted ideas of criminal justice, and, in their figurative ftyle, introduce the perSon of Punishment with great fublimity: Pun

ishment,' fay they, with a black com'plexion and a red eye, infpires terror, but alarms the guilty only; Punishment guards 'those who sleep, nourishes the people, fecures the ftate from calamity, and produces the hap'pieft confequences in a country, where it is 'juftly inflicted; where unjustly, the magistrate cannot escape cenfure, nor the nation, adverfity.' Be it our care, Gentlemen, to avoid by all

means the slightest imputation of injustice among thofe, whom it is the lot of Britain to rule; and, by giving them perfonal fecurity, with every reasonable indulgence to their harmless prejudices, to conciliate their affection, while we promote their industry, so as to render our domion over them a national benefit: and may our beloved country in all its dependencies enjoy the greatest of national bleffings, good laws duly administered in fettled peace! for neither can the beft laws avail without a due administration of them, nor could they be difpenfed with effect, if the fears and paffions of men were engaged by the viciffitudes of war, or the agitation of civil difcontents.

CHARGE

TO THE

GRAND JURY,

AT CALCUTTA, JUNE 10, 1787.

GENTLEMEN OF THE GRAND JURY,

I SHOULD exceed the bounds of my duty, and detain you too long from the discharge of yours, if I were to expatiate on the great variety of business, in which your diligent exertions at the prefent feffion may be highly beneficial to the fettlement; and, indeed, whilft I hold in my hand this terrible catalogue of grievous offences, which must come under your confideration, I have ample materials for my addrefs to you, without enlarging on fuch cafes, as may probably be brought before you, but have not yet been made the subject of complaint before a magiftrate.

The first crime, which appears in the calendar, and of which three perfons are now accused, (the fame number having been indicted last ses