by emperors, viceroys, and their deputies, all over Hindostan, and the Deccan. The probability indeed is that in densely peopled agricultural countries, like India, where no proprietor is acknowledged, save the sovereign, alienations and appropriations of land could not have been prevented. Bribery, collusion, or favouritism, especially in the more distant parts of the empire, would elude the utmost vigilance of a sovereign proprietor; whilst it is no slight proof of the opinion in which this right, or power, (call it which you please) was held by the grantees, that, in all the instances quoted, none ever sought the concurrent sanction of Ryots; but looked to a despot's seal, or to that of his minions in office, to render what they had thus appropriated, or acquired, a valid and secure property.

In the preceding enumeration of tenures, as well as in the list of the various levies from land noticed in pages 27-35, we may see how the adoption of one bad principle begets a minor offspring, supporting, and encouraging each other, but all dependent on the parent stock. In political error, as in moral sin, one transgression leads to another, till a host at length spring up into existence, and ultimately form a kindred association, to complete the dominion of evil.

It is, however, to be kept in mind, that these are the only tenures of which any official account was preserved in Bengal on its becoming subject to the British power; that their origin, with a few exceptions is of no greater antiquity than the financial system, and peculiar administration, of the Mahomedans, who have audaciously proclaimed to the world that a conquest by Mussulman arms absolutely annihilates every existing individual right in the inhabitants conquered, so as to leave both person, and property, at the mercy of the victor.

SECTION XII.

Discoveries in respect to landed proprietary rights of great antiquity, in various parts of India, equally perfect, though variously denominated in different districts. Estates in severalty, and in co-partnership description thereof. Different orders of persons employed in cultivation of lands.

BUT, in other parts of India, tenures of a different description came to be discovered, whose origin clearly belongs to times antecedent to the Mahomedan conquest; and which establish, beyond all dispute, the important fact that the real property of the lands was formerly vested in individual landlords, whose exclusive right of selling, mortgaging,

leasing, bequeathing or otherwise disposing of their lands, no Hindoo sovereign, viceroy, or other person in authority, ever thought of disputing; that this was consequently an hereditary right; and in full force, and invariable usage, till the arrogant pretensions, and barbarous exactions, of the Mussulmans caused it to be absorbed in the general annihilation of private rights, which every where marked the full establishment of their power.

The existence of private property in the soil, perfectly independent of controul, and interference, on the part of the sovereign, was first discovered in Malabar, shortly after the cession of that province by Tippoo in 1792; but it was not till 1799, that it attracted the particular notice of the Madras Revenue servants. The first mention we find of it, in the printed official records of the Company, is in a report of Mr. Place, whose able administration of the Jaghire has been before mentioned. The term used to express it is Meeras, or Meerassy. When Mr. Place entered upon this charge in 1796, it was maintained by government, as a doctrine not to be disputed, "that the actual property in the soil was

vested in the state, which alone had the "power of making an absolute sale of the land - that the occupants of land in India

66

"could establish no more right in respect "to the soil than the tenantry on an es"tate in England can establish a right to "the land by hereditary residence;"--whence Meerassy was defined to be nothing more than "a preference of cultivation, derived from

hereditary residence, but subject to the right " of Government as superior lord of the soil "in what way it chooses, for the cultivation of "its own lands."* This being the doctrine of the day, was naturally also the impression on Mr. Place's mind, till the result of his intelligent enquiries led him to an entire change of opinion; and in a very able report of the 6th of June, 1799,† he endeavours to prove, that the supposed" preference of cultivation" was an hereditary right tantamount to that of fee-simple, with which he accordingly compared it, and as existing from time immemorial in individual landlords, called Meerassydars. He then explains how these estates cultivated by tenants for life, for leases of years, and at will; and by slaves; but still unable to divest himself of the rooted impression of the sovereign's paramount proprietary rights in the soil, he considers these Meerassy estates to have been

were

5 Rep. p. 105.

+ Ibid. App. 16, p. 714..

originally granted by the sovereign, subject to the performance of certain conditions by the Meerassydar—in other words, subject to the payment of a certain portion of the produce as revenue.

The same, or similar, rights were afterwards traced in Tanjore, Tinnevelly, Canara, and other provinces, where the Mussulman power had not wholly obscured or extinguished them; and where the titles to private property in land were ascertained to be as full, and clear, and supported by deeds more ancient, and probably more perfect, than in Europe; and where it is recorded, of the extraordinary devotion of these Indian proprietors to their hereditary ancient possessions, that they would at all times "as "soon have parted with their lives as their "landed estates."

This right is denominated in the Sanscrit language, Swastrum, or Bhogam,* or Swamy Bhogum; in the Tamul, Caniachy; † and in Persian or Arabic, Meerass, all of them be

• Swastram

One's own property; landed property or inheritance. Bhogam - Enjoyment, possession: Swami Bhogam-the lord's enjoyment or possession; the lord's right as proprietor. Quit rent, or acknowledgment of proprietary right.

+ Caniatchy- A term used in the Peninsula to signify landed inheritance or property.

: Meerass-Heritage, patrimony.-Gloss. 5th Rep.