Published online by Cambridge University Press: 21 December 2012
1 See in particular Brewer, John, The Pleasures of the Imagination: English Culture in the Eighteenth Century (Chicago, 2000), 136–39Google Scholar. On the connection between print culture, political authority, and satire, see Halasz, Alexandra, The Marketplace of Print: Pamphlets and the Public Sphere in Early Modern England (Cambridge, 1997), 112–13CrossRefGoogle Scholar; also useful is Butt, Richard, ed., The Administration of Aesthetics: Censorship, Political Criticism, and the Public Sphere (Minneapolis, 1994)Google Scholar. See also Hunt, Tamara L., Defining John Bull: Political Caricature and National Identity in Late Georgian England (Cornwall, 2003), 149–50Google Scholar. Hunt argues that the increased nationwide circulation of the print image of John Bull during the period 1780–1800 can be attributed as much to a rush of national-patriotic sentiment in the context of European and imperial rivalry as to the effort at propaganda by a financially exigent and militarily beleaguered state. The French in the later eighteenth century were obvious targets of parody. See Duffy, Michael, The Englishman and the Foreigner (Cambridge, 1986)Google Scholar; and also Adhémar, Jean, Graphic Art in the Eighteenth Century (New York, 1964), 93–95Google Scholar, especially on the work on noted draftsman James Gillray. One may argue generally that parody and travesty were genres more deeply related to questions of faith, conformity, and dissent. For a recent discussion of these issues, especially in the context of William Hogarth's work, see Paulson, Ronald, Hogarth's Harlot: Sacred Parody in Enlightenment England (Baltimore, 2003), xvi–xx, 19–21Google Scholar; and also Dabydeen, David, Hogarth's Blacks: Images of Blacks in Eighteenth-Century English Art (Athens, 1987)Google Scholar. On literary and aesthetic uses of satire, see Carretta, Vincent, The Snarling Muse: Verbal and Visual Political Satire from Pope to Churchill (Philadelphia, 1983)Google Scholar; and Bloom, Edward Alan, Satire's Persuasive Voice (Ithaca, NY, 1979)Google Scholar.
2 See Sen, Sudipta, Distant Sovereignty: National Imperialism and the Origins of British-India (New York, 2002), 99–100Google Scholar.
3 The discourse of oriental despotism in the Indian context that portrayed the natives as simultaneously tyrannical, capricious, fickle, slavish, and effeminate can be traced back to the distinctions drawn between Gentoos and Moors that surfaced in the early accounts of Orme and were further developed by Alexander Dow and James Mill. I have discussed this genealogy extensively in Distant Sovereignty, 41–44, 100–104.
4 Carr, John, The Stranger in Ireland: Or, a Tour in the Southern and Western Parts of that Country (Philadelphia, 1806), 2Google Scholar.
5 Ibid., 1.
6 See Man from the Upland Carrying a Spear, a Tanjore painting in the British Library, Oriental and India Office Collections, Add. Or. 190 A. The painting is also inscribed as A Polygar—or Indian Highlander.
7 See, e.g., the recent argument of Colls, Robert, The Identity of England (Oxford, 2002), 93CrossRefGoogle Scholar.
8 See Lincoln, Anthony, Some Political and Social Ideas of English Dissent, 1763–1800 (Cambridge, 1938) 272–73Google Scholar; see also Watts, Michael, The Dissenters from the Reformation to the French Revolution (Oxford, 1978)Google Scholar; and Jones, J. R., Country and Court: England, 1658–1714 (London, 1978)Google Scholar.
9 For a discussion of political dissent and radicalism in England during the late eighteenth century, see Goodwin, Albert, The Friends of Liberty: The English Democratic Movement during the Age of the French Revolution (Cambridge, 1979), 71–74Google Scholar.
10 Ibid., 110–11; also, Katz, David, The Jews in the History of England (Oxford, 1994), 381–89Google Scholar.
11 Clark, J. C. D., English Society 1688–1832: Ideology, Social Structure and Political Practice during the Ancien Regime (Cambridge, 1985), 17–18Google Scholar.
12 Ibid., 277.
13 Many historians have commented on the possibility of religious pluralism and tolerance through the seventeenth century onward. See, e.g., O’Gorman, Frank, The Long Eighteenth Century (London, 1997), 169Google Scholar; and Hill, Christopher, “Toleration in Seventeenth Century England: Theory and Practice,” in England's Turning Point: Essays on 17th Century English History (London, 1998), 259–74Google Scholar.
14 Sykes, Norman, From Sheldon to Secker: Aspects of English Church History, 1660–1768 (Cambridge, 2004), 70Google Scholar.
15 Braddick, Michel, State Formation in Early Modern England, 1550–1700 (Cambridge, 2000), 288, 332–34CrossRefGoogle Scholar.
16 See Coffey, John, Persecution and Toleration in Protestant England, 1588–1689 (Harlow, 2000), 15Google Scholar. J. C. Laursen and C. J. Nederman point out in an insightful introductory essay that a linear historical progression from persecution to toleration has been a standard paradigm of European historiography; see their Beyond the Persecuting Society: Religious Toleration before the Enlightenment (Philadelphia, 1997), 1–10Google Scholar.
17 Holmes, Peter, Resistance and Compromise: The Political Thought of the Elizabethan Catholics (Cambridge, 1982), 3Google Scholar.
18 Bence-Jones, Mark, The Catholic Families (London, 1992), 23–24Google Scholar.
19 An Act for the Abrogating the Oath of Supremacy in Ireland and Appointing other Oaths (1691), 3 W. & M., c. 2. See sec. 14.
20 See Haydon, Colin, “Religious Minorities in England,” in A Companion to Eighteenth Century Britain, ed. Dickinson, H. T. (London, 2002), 241Google Scholar. Useful primary sources remain Blackburne, Francis's Considerations on the Present State of the Controversy between the Protestants and Papists of Great Britain and Ireland (London, 1768)Google Scholar, and The Confessional (London, 1766)Google Scholar.
21 An Act to Prevent the Further Growth of Popery (1703), 2 Ann, c. 6. See sec. 15, “Oath of Abjuration.”
22 An Act for the More Effectual Preventing of Clandestine Marriages (1735), 9 Geo. II, c. 11. An Act for Better Regulating Juries (1755), 29 Geo. II, c. 6.
23 Endelman, Todd M., Radical Assimilation in English Jewish History, 1656–1945 (Bloomington, IN, 1990), 21–22Google Scholar.
24 Endelman, Todd M., The Jews of Georgian England, 1714–1830: Tradition and Change in a Liberal Society (Ann Arbor, MI, 1999), 93–94CrossRefGoogle Scholar.
25 See Webb, Philip Carteret, The Question, whether a Jew, Born within the British Dominions, was Before the Making the Late Act of Parliament, a Person Capable, by Law, to Purchase and Hold Lands to Him, and His Heirs, Fairly Stated and Considered (London, 1753), 11–12Google Scholar. A rebuttal of this tract, instructive for its discussion of the Jewish Naturalization Bill, is Grove, Joseph, A Reply to the Famous Jew Question (London, 1754)Google Scholar. For a substantive discussion, see Henriques, H. S. Q., The Jews and the English Law (Clifton, 1974), 52–55, 178, 191–92Google Scholar.
26 On the distinction between political hyperbole and anti-Semitism in the debates of 1753, and the separation between political and religious speech indicating fairly enlightened religious attitudes in eighteenth-century England, see Perry, Thomas W., Public Opinion, Propaganda, and Politics in Eighteenth Century England: A Study of the Jew Bill of 1753 (Cambridge, MA, 1962), 180–81, 194–99Google Scholar. Felsenstein, Frank expresses a markedly contrasting view in Anti-Semitic Stereotypes (Baltimore, 1995), 1–2Google Scholar.
27 Kishlansky, Mark, Monarchy Transformed (London, 1996), 341Google Scholar.
28 Wolffe, John, The Protestant Crusade in Great Britain, 1829–1860 (Oxford, 1991), 2CrossRefGoogle Scholar.
29 Sykes, Norman, Church and State in England in the Eighteenth Century (Cambridge, 1934), 341–43Google Scholar. This view has been reasserted in recent years by a number of scholars, among them, notably, W. M. Jacob, who emphasizes the predominant role of the Church in English society and politics, and a “deep attachment to Christian faith among a broad cross-section of people” illustrated by what they expected of the clergy, parish churches, and personal devotion. See his Lay People and Religion in the Early Eighteenth Century (Cambridge, 2002), 3, 19Google Scholar. For a succinct discussion of religious affiliation and national identity, see Black, Jeremy, “Confessional State or Elect Nation? Religion and Identity in Eighteenth-Century England,” in Protestantism and National Identity: Britain and Ireland, 1650–1850, ed. Claydon, Tony and McBride, Ian (Cambridge, 1998), 53–74CrossRefGoogle Scholar.
30 Albers, Jan, “‘Papist Traitors’ and ‘Presbyterian Rogues’: Religious Identities in Eighteenth-Century Lancashire,” in The Church of England, 1689–1833: From Toleration to Tractarianism, ed. Walsh, John, Haydon, Colin, and Taylor, Stephen (Cambridge, 2002), 316–17, 320, 332–33Google Scholar.
31 Gunn, J. A. W., Beyond Liberty and Property: The Process of Self-Recognition in Eighteenth-Century Political Thought (Kingston, 1983), 229–30Google Scholar.
32 Ibid., 45.
33 See Christie, Ian, Stress and Stability in Late Eighteenth-Century Britain: Reflections on the British Avoidance of Revolution (Oxford, 1987), 182Google Scholar.
34 See Statt, Daniel, Foreigners and Englishmen: The Controversy over Immigration and Population, 1660–1760 (Newark, DE, 1995), 172–73Google Scholar.
35 Ibid., 225.
36 Parry, Clive, British Nationality Law and the History of Naturalization (Milan, 1954), 72Google Scholar.
37 See Hyde Papers (hereafter HP), vol. 10, National Library, Calcutta, rare books, microfilm reel 6.
38 British Nationality Act of 1730, 4 Geo. II, c. 21.
39 Parry, British Nationality Law, 76. See also Jones, J. Mervyn, British Nationality Law and Practice (Oxford, 1947), 66–67Google Scholar.
40 British Nationality Act of 1772, 13 Geo. III, c. 21.
41 See Salmond, John W., “Citizenship and Allegiance,” Law Quarterly Review 18 (January 1902): 49, 53Google Scholar.
42 For a discussion of allegiance, blood, and constructions of subjecthood in seventeenth-century Britain, see Selwood, Jacob, “‘English-Born Reputed Strangers’: Birth and Descent in Seventeenth-Century London,” Journal of British Studies 44 (October 2005): 730–31CrossRefGoogle Scholar.
43 Parry, Clive, British Nationality (London, 1951), 7Google Scholar.
44 See Karatani, Rieko, Defining British Citizenship: Empire, Commonwealth and Modern Britain, (London, 2003), 51Google Scholar. For an engaging discussion of allegiance, its eventual severance, and the rise of citizenship in revolutionary North America, see Kettner, James H., Development of American Citizenship, 1608–1870 (Chapel Hill, NC, 1978), 122–23Google Scholar.
45 Sen, Distant Sovereignty, xv.
46 Ibid., 135.
47 See, e.g., Ghosh, S. C., The Social Condition of the British Community in Bengal, 1757–1800 (Leiden, 1970)Google Scholar; and more recently Ghosh, Durba, “Colonial Companions: Bibis, Begums, and Concubines of the British North India, 1760–1830” (PhD diss., University of California, Berkeley, 2000)Google Scholar.
48 This argument appears throughout bk. 2, chap. 15. See Blackstone, William, Commentaries on the Laws of England (Boston, 1962), vols. 1–4Google Scholar. “Blood,” “half-blood,” and “whole-blood” are still legal terms in use. See Burke, John and Allsop, Peter, eds., Stroud's Judicial Dictionary (London, 1952), 1:310Google Scholar.
49 See Spear, Percival, The Nabobs: A Study of the Social Life of the English in Eighteenth Century India (London, 1980), 62–63Google Scholar.
50 Historians have traditionally attributed the widening of the racial divide between British administrators and Indians to the tenure of Lord Cornwallis as governor general, which began in 1786. See Ballhatchet, Kenneth, Race, Sex and Class under the Raj: Imperial Attitudes and Policies and their Critics, 1793–1905 (New York, 1980), 96–97Google Scholar; and also Spear, The Nabobs, 140–41.
51 Wilson, Kathleen, The Island Race: Englishness, Empire and Gender in the Eighteenth Century (New York, 2002), 5Google Scholar.
52 Fischer, Michael H., Counterflows to Colonialism: Indian Travelers and Settlers in Britain, 1600–1857 (New Delhi, 2004), 212–13Google Scholar.
53 For useful surveys, see Brown, Kathleen M., “Beyond the Great Debates: Gender and Race in Early America,” Reviews in American History 26 (1998): 96–123CrossRefGoogle Scholar; and Smedley, Audrey, Race in North America: Origin and Evolution of a Worldview (Boulder, CO, 1993)Google Scholar. Aubert, Guillaume, “‘The Blood of France’: Race and Purity of Blood in the French Atlantic World,” William and Mary Quarterly, 3rd series, 61 (July 2004): 438–78CrossRefGoogle Scholar.
54 Stoler, Ann Laura, Carnal Knowledge and Imperial Power: Race and the Intimate in Colonial Rule, (Berkeley, CA, 2002), 95–96Google Scholar.
55 See, e.g., Wilson, Kathleen, The Sense of the People: Politics, Culture and Imperialism in England, 1715–1785 (Cambridge, 1995)Google Scholar; and also Canny, Nicholas and Pagden, Anthony, eds., Colonial Identity in the Atlantic World, 1500–1800 (Princeton, NJ, 1989)Google Scholar; Wahrman, Dror, “The English Problem of Identity in the American Revolution,” American Historical Review 106 (October 2001): 1236–62CrossRefGoogle Scholar; Armitage, David and Braddick, Michael J., eds., The British Atlantic World, 1500–1800 (New York, 2002)Google Scholar; Hall, Catherine, Civilising Subjects: Metropole and Colony in the English Imagination, 1830–1867 (Cambridge, 2002)Google Scholar; and Colley, Linda, Captives: The Story of Britain's Pursuit of Empire and How Its Soldiers and Civilians Were Held Captive by the Dream of Global Supremacy (New York, 2002)Google Scholar.
56 “Proceedings of the Governor General and Council at Fort William respecting the Administration of Justice among the Natives of Bengal,” quoted in Morley, W. H., The Administration of Justice in British India (1858; repr., Delhi, 1976), 45Google Scholar; see also Majumdar, N., Justice and Police in Bengal, 1765–1793 (Calcutta, 1960)Google Scholar.
57 See Ibbetson, David, “Sir William Jones as Comparative Lawyer,” in Sir William Jones, 1746–1794: A Commemoration, ed. Murray, Alexander (Oxford, 1998), 28Google Scholar; see also John Shore's tribute to Jones in the discourse delivered at the meeting of the Asiatic Society, 2 May 1794, in Teignmouth, Charles, Memoir of the Life and Correspondence of John Shore, Lord Teignmouth (London, 1843), 1:495Google Scholar.
58 For further details, see The Maharashtra Purana: An Eighteenth-Century Bengali Historical Text, trans. Dimock, Edward C. and Gupta, Pratul Chandra (Calcutta, 1985)Google Scholar.
59 See E. W. Madge, “The Maharat Ditch,” Bengal Past and Present, no. 27 (1924): 215–17 (published posthumously), and also “The Mofussil and the Ditch,” Asiatic Journal 28 (1839): 36–46Google Scholar.
60 K. Ghoshal vs. Lt. Colonel Henry Watson, 14 November 1780, HP 10, microfilm reel 6.
61 The actual charge against Nandakumar was brought by one Mohan Prasad in May 1775; the trial lasted from 8 June to 15 June. He was executed on 5 August 1775. See Majumdar, N., Justice and Police in Bengal (Calcutta, 1960), 223–24Google Scholar.
62 Nandakumar's petition to the Governor General and Council at Fort William, reprinted in Beveridge, H., The Trial of Maharaja Nanda Kumar (Calcutta, 1886), 438Google Scholar.
63 Ibid., 216.
64 Mayor's Court, Town of Calcutta Bill Account, 1769–72, Records of the Supreme Court of Judicature (RSCJ), record room, Calcutta High Court.
65 See Rex vs. Joaõ Baptista & Anthony Rozario, 12 December 1780, HP 9, reel 4.
66 King vs. Thomas Perth, 1816, RSCJ.
67 Rex vs. James Clarke, 16 December 1791, HP 11, reel 4.
68 Michael de Rozario vs. Cheit Gir Gossain, 1789, HP 24, reel 11.
69 13 Geo. III, c. 3, clause 63, cited in De Rozario vs. Gossain, 1789.
70 De Rozario vs. Gossain, 1789.
71 Ibid.
72 Translation from Edward Coke's First part of the Institutes of the Laws of England (known also as Coke upon Littleton), published in 1628, a textbook that has been in circulation for many generations, excerpted here from Broom, Herbert, A Selection of Legal Maxims, 10th ed. (London, 1939), 40Google Scholar.
73 This offense was committed “where any man sueth any other in the spirituall Court for anything that is determinable in the Kings Court,” and the statutes were originally intended to repress the civil power of the Pope. See Burke and Allsop, eds., Stroud's Judicial Dictionary, 3:2262.
74 Holdsworth, William, History of English Law (1938; repr., London, 1966), 12:651Google Scholar.
75 Blackstone, Commentaries, 4:119–20.
76 Another variation is res judicata: a matter already settled in court that cannot be raised again. See Broom, Selection of Legal Maxims, 221–22. Latin for “to stand by things decided,” stare decisis is the doctrine of precedent: an issue previously brought to the court and a ruling already issued.
77 Wolper, Roy S., “Circumcision as Polemic in the Jew Bill of 1753,” in Eighteenth Century Life 7 (1982): 28–36Google Scholar.
78 Dickens, Charles, Barnaby Rudge: A Tale of the Riots of 'Eighty (London, 2003), 304–5Google Scholar.
79 See Collier, Jeremy, An Ecclesiastical History of Great Britain (London, 1840), 3:1–9Google Scholar.
80 Holdsworth, History of English Law, 8:412.
81 See “The Gordon Riots, 1780,” National Archives, KB 33/5/12.
82 Colley, Linda, Britons: Forging the Nation, 1707–1837 (London, 1996), 57Google Scholar.
83 See Cone, Carl B., The English Jacobins: Reformers in Late Eighteenth-Century England (New York, 1968), 24Google Scholar.
84 Duffy, The Englishman and the Foreigner, 31–32.
85 For a detailed discussion of the legal status of the Irish in England, see MacRaild, Donald, Irish Immigrants in Modern Britain, 1750–1922 (New York, 1999), 6–7, 79CrossRefGoogle Scholar.
86 Rex vs. John West and John Peak indicted for the willful murder of Pooran Krisno, Doynagur, Bengal, on 16 July 1790, HP 9, reel 4. Italics mine. Note that the Company's commercial charter extended the writ of allegiance.
87 Rex vs. James Clarke on the willful murder of Goursay a Black Man at Dinapore in the Province of Bahar, 16 December 1791, HP 9, reel 4.
88 For a discussion of the relationship between legal language and that of everyday speech, see Mellinkoff, David, The Language of the Law (Boston, 1963), v–viiGoogle Scholar.
89 See Conley, John M. and O’Barr, William M., Rules versus Relationships: The Ethnography of Legal Discourse (Chicago, 1990), 58, 173Google Scholar. There is a large body of literature on the question of language and its bearing on the discourse of law. For a stimulating discussion, see Tiersma, Peter M., “Linguistic Issues in the Law,” Language 69 (1993): 113–37CrossRefGoogle Scholar. Also of note are Conley, John M. and O’Barr, William M., Just Words: Law, Language, and Power (Chicago, 1998), esp. chap. 7Google Scholar; and Goodrich, Peter, Legal Discourse: Studies in Linguistics, Rhetoric, and Legal Analysis (New York, 1987)Google Scholar.
90 Gordon, Robert W., “Critical Legal Histories,” Stanford Law Review 36, nos. 1/2 (January 1984), 90CrossRefGoogle Scholar.
91 Benton, Laurel, Law and Colonial Cultures: Legal Regimes in World History, 1400–1900 (Cambridge, 2002), 15–18Google Scholar.
92 Ibid., 18.