Storia do Mogor 338.14
Storia do Mogor (Irvine) 338.14
- Language
- English
338.14.1
Nor even did it suffice for the Lord Dom Carlos Thomas to promulgate his powers without delivering them in writing to any party who demanded it. See the gloss in the chapter: Porto extra, 'De privilegiis' verbo 'ex inspectione' : Ibi et est argumentam quod judex debeat facere copiam rescripti partibus ad inspiciendum ; nec sufficit sola recitatio rescripti, quia falsitas potest ibi esse quæ ex sola lectione deprehendi non possit : tenet Filinus Castrensis, Cons. viii., n. 3. [And there you will find a reason why the judge should give the parties an opportunity of inspecting the rescript ; nor is the mere reading out of the rescript sufficient, because it may contain some flaw, which cannot be detected from the mere recitation. So holds Filinus Castrensis.]
338.14.2
The reason of the Catholic Church for this rule is justifiable and evident. It does not wish that any delegate should hold himself out as such until he has first presented his Bulls in extenso. By this piece of sincerity it cuts short the ambition leading some men to force themselves on God's flock, not as pastors, but as robbers, entering otherwise than by the door. This has already happened in Portugal, as is related by Savedra of a legate who, entirely without authority, introduced himself into the kingdom, and, exercising a jurisdiction which he did not possess, set up a tribunal of the Inquisition. If experience can show us this in Europe, so near to Rome, what might not happen in Asia if legates were acknowledged without minute examination of their Bulls and the powers they have brought ! Neither your reverence nor the other friars, ecclesiastical persons, and secular priests could in any way obey without an explicit display of the Pontifical Bulls, such being the order of the Supreme Pontiff, Boniface, and in the 'Clementina':
338.14.3
'Iniunctae nobis' sane 'de electione' inter communes: ibi 'sane, quam periculosum existat quod aliquis in officio, dignitate, vel gradu fore se asserat et pro tali etiam habeatur, nisi prius ipse quod asserit, legitimis ostenderit documentis, tam ex civilibus quam ex canonicis institutis, colligitur evidenter; asserenti namque cum mandatis principis se venisse, credendum non est, nisi hoc scriptis probaverit, nec similiter creditur se asserenti legatum. Numquam enim apostolicae sedis moris fuit absque signatis apicibus unumcumque legationem suscipere; sed nec dicenti se delegatum sedis ejusdem creditur vel intenditur, nisi de mandato apostolico fide doceat oculata.' [It is easy to see what a danger it would be, should anyone assert his claim to some office, dignity, or rank, and be admitted for such, unless he have first proved his claim by legal documents, whether according to the civil law or the canonical institutes. For no credence is to be given to one who claims to come with the orders of the prince, unless he prove it by written documents. In like manner no faith is to be placed in the word of one who asserts himself to be a (Papal) legate, for never was it the practice of the Apostolic See to entrust anyone with a legation of any sort without rescripts signed and sealed ; nor if even anyone should say that he is a delegate of the same See can we believe in and hearken to him, unless he produce secret proofs for believing in the Apostolic mandate he brings.]
338.14.4
After enumerating all the dignitaries of the Church, the 'Clementina' concludes that in no way shall they be received or obeyed without having previously shown the letters and powers they have brought : ibique nulli eos absque dictarum literarum ostensione recipiant, aut eis pareant vel intendant. [And that without the production of the said letters none may receive them or obey or give ear to them.] By these terms I do not consider that your reverence need have had any scruples, but rather owed the promptest obedience to these detailed precepts, on the condition that the Lord Dom Carlos Thomas declined to promulgate his Bulls. As for myself, I shall ever promulgate only the consuming eagerness I have for the peace of this Church in the East, encircled by the heathen and oppressed by their might, shedding my blood even to the last drop in its defence and in submission to the Church Catholic and Roman. In this vow I have to include your reverence by praying you that as my reward you breathe in my behalf some sighs to God, to whose keeping I commend your reverence. Goa, on the 1st September of 1704, Your servant, The Archbishop Primate.
338.14.5
[184] Being now old and with little strength left, the king (Aurangzeb) was very desirous of returning to the city of Dihlī, repenting of not having listened to the advice of his sister, Begam Sāhib. But he could not wisely do this, or leave someone in his place. For to those who know the force and energy of Shivā Jī [i.e., the Mahrattahs], to act as he proposed would lead to the loss of all the above-named kingdoms [i.e., the Dakhin], in addition to some other portions of his empire. Resigning himself to the necessity of protecting his conquests as well as he could, he has continued up to the present time in the kingdom of Bījāpur, occupying himself in different directions with the reduction of some fortresses of the said Shivā Jī, expending much time, much money, and many lives. Nor does he desist from issuing orders, which no one obeys. In the month of August of the year above named [1704] he ordered Dā,ūd Khān to take up the additional post of governor over the territory of Adonī. While Dā,ūd Khān was on his march the army of Shivā Jī surrounded him, and made every effort to destroy him. In this they did not succeed, for the said Dā,ūd Khān entrenched himself beneath a fortress called Darmavaraõ (Dharmavaram) and defended himself valiantly. The Mahrattahs, finding that they could not overcome him, and were losing time better devoted to other enterprises, contented themselves with accepting again seven hundred thousand rupees, which Dā,ūd Khān gave them as a present.
338.14.6
Aurangzeb had in his army an officer called Xemxir Can (Shamsher Khān) — that is, ' The Great Sword ' — a Pathān by race, and a man of great courage. The king, having noticed that this officer's nephew had gone to join the rebel prince, Akbar, who up to the present time is in Persia, ordered him at the public audience to send for this man and produce him. The uncouth, peasant-like Pathān, paying the king no respect, replied to him : ' My nephew will never obey me ; he treats me just as Prince Akbar behaved to your majesty.' Aurangzeb, on hearing these words, withdrew, much disturbed by the answer. When Shamsher Khān drew near his tent, there came an order from the king demanding his sword. The bold Pathān, recognising that if he ceded it he would have to die, gave as his reply that the sword borne by him at his waist went with his honour. Rather than make over his sword he would die with it. He then made ready with his small retinue to die resolutely. The king's displeasure was intensified by these words, and he ordered twelve thousand men, the best he had in his bodyguard, to go and bring back the man's head, killing everybody who resisted. Seeing this force approaching, the Pathān sallied out, followed by five hundred soldiers, who were his relations and friends. They threw themselves on the opposing force and slew the principal men who were to the front, and threw the whole body into confusion.
338.14.7
The king's men retired, but returned to the attack several times, until they succeeded in putting the Pathān to death. In the royal army there were seven hundred and fifty-two men killed. Their commanding officer was more than annoyed, for the whole army scoffed at him for having retreated before so few [185] men, and to ease their passion they began to say that he, too, ought to be executed as a traitor to the crown.
338.14.8
The courteous reader will have seen in Part IV. (fol. 152) what happened at the port of Súrat, and how King Aurangzeb ordered his officials to return the property they had taken from the Europeans at that seaport. He conceded to them the privileges they had in the time of King Shāhjahān. But this order was a deception intended to make those men [the Europeans] collect more riches. A few months had passed since this first order, when the king issued instructions for the seizure of all Europeans and whatever Christians might be found in the town, together with a great number of rich Armenian merchants. He directed nineteen (19) millions of rupees to be requisitioned from them, in addition to what had been already taken, in compensation for the loss suffered by the Mahomedan merchants through what the pirates had carried off. They must also ratify the surety bond for the safety of ships leaving the port. At the present time they are in prison. They are under rigorous confinement, are deprived of enough to eat and drink, suffering both abuse and affronts. Four Capuchin fathers were also arrested, and were detained for a month in prison, enduring much; they were then released on the condition that they should appear when sent for. They found as their bail Monsieur de Pilavan (Pillavoine), the director, a Frenchman of that port, and himself a prisoner.