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and Council.
SETTLEMENT AT SURAT
The (^) Company (^) established its (^) first (^) factory in (^) India at (^) Surat in (^1612) during the (^) time of (^) Mughal (^) Emperor (^) Jahangir. To (^) gain the (^) favour and protection of^ the^ Emperor, King (^) James I, (^) sent Sir (^) Thomas (^) Roe to (^) him in 1615 as (^) his (^) Ambassador. The (^) Emperor (^) issued a (^) 'Firman' (^) granting (^) certain facilities to^ the (^) English (^) people to (^) carry on (^) their (^) activities in a (^) hired (^) house at (^) Surat; to (^) live (^) according to (^) the (^) laws, (^) religion and (^) customs of (^) England and to be (^) judged by (^) their own (^) laws in (^) their (^) disputes. But a (^) dispute arising (^) between an (^) Indian and an (^) English was to be (^) decided by the (^) local Indian courts. Constitution and^ Functions of (^) the (^) Factory.The factory (^) was administered by^ a^ President and (^) Counci who were (^) appointed by (^) the Comparny. The (^) decisions of the (^) majority of (^) the (^) members of the (^) Council were the^ decisions of the (^) Comparny. Apart (^) from (^) exercising their (^) powers for (^) trading purposes the (^) President and his (^) Council also (^) had the (^) power to administer law^ and (^) justice. But (^) very little is (^) known about the (^) British judicial (^) system at (^) Surat. This (^) much is (^) clear (^) that the (^) English (^) people were governed by^ a (^) dual system of (^) laws, (^) namely:
1. The Charter also granted the Company "power and command" over its forts and
factories and (^) enmpowered it (^) to send out (^) ships of war, (^) men and (^) ammunition, to (^) build fortifications, to^ provide men for (^) their (^) defence, to (^) govern the (^) forces by (^) martial law (^) and to (^) make (^) peace or (^) war (^) with (^) non-Christian power. Ilbert, op. cit., (^) p. 17.
(^4) Indian Legal & (^) Constitutional
(a) In their own matters by the laws of England; and History
The native courts at Surat
They
(b) In matters with^ Indians^ by^ the^ native^ laws^ of^ this^
Surat also did (^) not (^) enjoy (^) good (^) reputation.country. The suffered from (^) many evils. According to^ Dr.^ U.C.^ Sarkarl^ "during this time the administration of justice by the Mughal emperor also was Very nsatisfactory particularly in cases which were not adjudicated by th emperors themselves". There was no set pattern of crimes and
punishments and corruption among the judges was rampant. Many
of (^) indiscriminate (^) punishment and letting off (^) of (^) criminals on (^) acceptance of bribe by the judge are cited by Malabari in his book: Bombay in the Making and by Kaye in his Administration of the East India Company. Many
Englishfor these courts. people, therefore, took law into their own hands and did not care
The (^) Surat (^) settlement of the (^) Company (^) remained in (^) promninence until
- Due to (^) the (^) transfer of (^) the (^) seat of the (^) President and (^) Council to Bombav in^ that (^) year, (^) Surat lost (^) all its (^) importance for (^) the (^) Company. SETTLEMENT IN MADRAS
cases
Madras was (^) founded by (^) Francis (^) Day in (^1639) on a (^) piece of (^) land
granted to him by a Hindu Raja. A fort named as Fort St. George was
established there. (^) The (^) Raja (^) also (^) authorised the (^) Company " (^) to (^) govern and dispose off the (^) Government of (^) Madras (^) Patnam".
to the fort. Inside the fort lived the English and
outside in^ Madras
-a (^) small (^) village (^) adjacent Patnamn (^) lived the (^) native (^) people and (^) accordingly the (^) two (^) were
the White Town and the Black Town known^ as
together later (^) came to (^) be (^) known as (^) Madras.respectively.^ The^ two^ towns The (^) legal (^) system that (^) existed in (^) Madras upto (^1726) into three stages. may^ be^ divided First (^) Stage (^) (1639 to (^) 1665).-To begin (^) with, Subordinate to^ Surat. Its (^) Chief (^) Officer Madras^ was^ an^ agency administered the^ affairs of was^ called^ Agent'^ who the (^) Company with (^) the (^) help of (^) aCouncil. The judicial (^) system that (^) existed at (^) this (^) stage (^) was of (^) any (^) systematic and (^) regular conspicuous^ by^ the^ absence that existed was administration^ of^ justice.^ The^ only^ system (a) (^) The (^) Agent and (^) his (^) Council for (^) the (^) White (b) (^) The (^) Choultry Town:^ and
Court for the Black Town.
The (^) jurisdiction and (^) powers of the (^) former (^) were (^) not (^) clearly laid It could^ not^ decide^ serious (^) offences and down. generally sent^ them^ to^ the
1. Epochs in Hindu Legal History. p. 301 (1958).
Comnanv's (^) authorities in (^) England. No (^) decision could be (^) given in (^) such
Indian Legal &^ Constitutional maritime cases should be established. Therefore, on 9th August, History 1682 Charles Il granted a Charter to the Company making a provision for the
establishment of the Admiralty Courts. Admiralty Court was to consist ot
three members, one of whom was to be 'learned in the civil law,' and the hearother twoall cases, mercantile^ were^ merchants, andappointed maritime concerning^ by^ the^ Company. all^ Thepersons^ Court coming^ had^ to
within the limits of the Charter, e.g., the cases of trespass,
wrongs, etc. committed at the high seas. The Court had to appiyinjuries, the principles of equity justice and good conscience and the customs of the merchants. Subject to the directions of the Crown, the Court could determine its procedure. The proposed Court was established in Madras on 10th July, 1686.
The first members of the Court were three civil servants who were also
members of^ the (^) Governor's Council. In (^) the year l687, a (^) lawyer-member with (^) the (^) designation of (^) Judge-AdvOcate was (^) appointed to (^) this (^) Court. The lawyer was Sir (^) John (^) Biggs. On the (^) arrival of (^) the (^) Judge-Advocate, Governor and (^) Council found (^) that (^) there was no (^) need of (^) the (^) Governor and Council (^) administering justice (^) separately and (^) they, (^) therefore, (^) relinquished
their job in favour of the Court of Admiralty which henceforth decided
all types of cases whether civil, criminal, maritine or
Criminal cases (^) were (^) decided with (^) the (^) help of (^) jury. mercantile.
In 1689, Sir Biggs died and the post of the
In the (^) absence of (^) any (^) lawyer-member, the Judge-Advocate^ fell^ vacant. charge of the Governor^ himself^ assumed^ the the (^) nature of Judge-Advocate.the This^ composition^ of^ the^ Cou°rt^ was^ against original (^) Charter (^) which (^) required àcivil (^) lawyer as (^) the whoJudge-Advocate. (^) was Hence^ in^ 1692,^ a^ new^ Judge-Advocate^ was^ appointed directed thatdismissed in^1694 on^ a^ charge^ of^ bribery.^ In^ 1696,^ the^ Company the (^) members of (^) the (^) Council (^) would Judge-Advocate. But^ none^ of^ them (^) was a (^) civil successively^ work^ as lost (^) its (^) importance. After (^) 1704, the lawyer,^ hence^ the^ Court meantime other (^) Courts (^) were Court^ ceased^ to^ work^ regularly.^ n^ the established to^ decide the (^) disputes. Establishment of^ Corporation and (^) the (^) Mayor's Charter of^ 30th (^) December, 1687, the (^) East (^) India Court.-Under a establish a^ Corporation in (^) Madras. The Company^ proposed to (1) (^) to (^) provide a purpose^ of^ the^ Corporation was (2) to impose localrepreserntative taxes, and^ local^ government. (3) to (^) have (^) the (^) powers "for (^) the (^) speedier controversies of^ little (^) importance determination^ of^ small the unarmed inhabitants. frequently^ happening (^) among The (^) first (^) Corporation in (^) Madras was 1688 It (^) had (^) one (^) Mayor, (^12) Aldermen andestablished (^) from 60 on^ 29th^ September, to (^120) Burgesses. The
The East India Company and its Early Settlements 7
Mayor was to be elected annually. The Corporation was subject to the
authority of the Governor and Council who could remove any of the
members of the Corporation including the Mayor.
Mayor's Court.--The Mayor's Court consisted of the Mayor and all the Aldermen. The quorum for the Court was three-1 mayor and 2 Aldermen. A lawyer member, called Recorder, was appointed by the Mayor and Aldermen for helping them in deciding the cases of
"considerable value and intricacy".
The jurisdiction of the Court extended to all civil and criminal matters. It had power to inflict any punishment on any Indian as well as Englishmen subject to the condition that no Englishman could be punished to death. In criminal cases the Court had to take the help of jury.criminal matters, went Appeals^ against tothe the^ judgment Admiralty^ of Court.^ this^ InCourt civil^ bothmatters,^ in^ ancivil appeal^ and
could be filed^ only^ when^ value^ exceeded^3 pagodas'^ and^ in^ criminal
cases when the^ loss^ of^ life^ or^ limb^ was^ involved. The law^ to^ be^ applied^ by^ this^ Court^ was^ not^ specifically^ laid^ down. The only provision^ made^ in^ the^ Charter^ was^ that^ the^ Court^ would^ decide
the disputes^ "in^ a^ summary^ way^ according^ to^ justice^ and^ conscience,"
and according^ to^ the^ laws^ made^ by^ the^ Company.
The Court,^ although^ provided^ a^ forum^ for^ deciding^ the^ disputes^ of
the people,^ it^ could^ not^ enjoy^ the^ independence^ needed^ by^ the^ judiciary. It always depended^ on^ the^ Governor^ and^ Council^ because^ they^ could remove the Mayor^ and any^ Alderman.^ Moreover,^ the^ Mayor^ and^ the Alderman were^ also^ the^ members^ of^ the^ Council^ and,^ therefore,^ they
could not do full^ justice^ in^ the^ matters^ related^ to^ the^ Company^ and^ its
executive. Choultry Court.-After^ .the^ establishment^ of^ the^ Mayor's^ Court^ the Choultry Court,^ which^ used^ to^ imnpart^ justice^ to^ the^ natives,^ lost^ its
importance. Its^ jurisdiction^ was^ limited^ only^ to^ petty^ criminal^ cases.^ It
could impose^ only^ minor^ punishments^ of^ fine,^ imprisonment^ and
whipping. In^ civil^ matters^ it^ could^ hear^ the^ cases^ upto^ the^ value^ of^2
pagodas only.
The Mayor's^ Court,^ the^ Choultry^ Court^ and^ the^ Court^ of^ Admiralty
were three^ Courts^ which,^ functioned^ in^ Madras.^ The^ Admiralty^ Court ceased to function^ after^1704 and^ its jurisdiction^ was^ exercised^ by^ the Governor and Council.^ They^ also^ heard^ the^ Mayor^ Court's^ appeals^ till 1727 when^ a^ Mayor's^ Court^ was^ established^ under^1726 Royal^ Charter:. Conclusion.-The overall^ picture^ of^ the^ administration^ of^ justice^ in
Madras was^ not^ very^ good^ in^ these^ early^ stages.^ The^ system^ suffered
- Pagoda was^ the^ Madras^ currency^ at^ that^ time.
The East India Company and its Early Settlements
First Stage (1668 to 1683).-During this period two judicial systems
werethis, Bombayestablished. was Thedivided first intoof them two wasdivisions!. established Each indivision 1670. According hada Court to
consisting of five judges. The Custom Officer of the Division was the
President of the Court. Some of the judges in these Courts were Indians.
The jurisdiction of this Court extended to petty criminal cases, eg
thefts involving^ the^ stolen^ property^ upto^5 xeraphins²^ arnd^ similar^ other
cases. The^ civil^ cases which came^ before^ this^ Court,^ weremore^ also thanof^ petty 200
nature. It had no jurisdiction to decide cases involving
xeraphins. Appeals^ against^ the^ judgments^ of^ this^ Court^ could^ be^ filed^ in
the Court of^ the^ Deputy-Governor^ and^ Council.
The Deputy-Governor^ and^ Council^ worked^ as^ a^ superior^ Court
having both^ original^ and^ appellate^ jurisdiction,^ in^ all^ civil^ and^ criminal cases. In^ civil^ cases,^ it^ had the jurisdiction^ to^ entertain^ matters of^ the
value exceeding^200 xeraphins.^ All^ the^ serious^ offences,^ which^
could not
be entertained^ by^ the^ Divisional^ Court,^ were^ tried^ by^ this^ Court^ with the
help of^ jury.^ The^ appellate^ jurisdiction^ of^ this^ Court^
was confined^ to
appeals against^ the^ decisions^ of^ the^ Divisional^ Courts.
The judicial^ system^ established^ in^ 1670,^ was^ quite^
elementary and
primitive. No distinction^ was made^ between^ the^ executive and^ the judiciary. Nor was^ there^ any^ provision^ for^ a^
lawyer-member in^ the Courts. Many^ requests were^ made by^ the^
Deputy-Governor to^ the Company for^ providing^ a^ man^ learned^ in^ law,^ but it did^ not^ care.
Ultimately it authorised^ the^ Deputy-Governor^ to^ select^ any^
lawyer
member of^ its^ choice^ available^ in^ ndia.^ The^
Deputy-Governor selected
Mr. George^ Wilcox^ to^ be^ a^ lawyer-member^ in^
the judicial^ administration.
Soon after^ the^ selection^ of^ Wilcox,^ the^ judicial^
system of^1670 was abolished and^ a^ new system^ was established^ in 1672.
On lst^ August,^ 1672,^ a^ governmental^
proclamation was^ made.^ By^ this
proclamation the^ existing^ Portuguese^ law^ in^ the^ island^
was replaced^ by
the English^ law.^ From^ then^ onwards,^ the^ English law^ became^ the^ law^ of the island^ in^ all^ matters.^ Under^ this^
proclamation a new^ judicial system was also^ established under^ which^ three types^ of^ Courts^ were Created. Court of^ Tudicature.-A^ Cort^ with^ Wilcox^ as its judge,^ was established to hear^ all^ civil^ and criminal^ cases.^ The^ Court also^ 'ad jurisdiction in^ matters of^ probate^ and^ testaments.^ For civil^ matters^ the Court sat once a^ week.^ All^ the cases^ were decided with the help of^ jury.
- One^ division^ comprised^ Bombay,^ Mazagaon^ and^ Girgaon, the other^ of^ Mahim,^ Parel. Sion and Worli.
- Xeraphin^ was^ a^ currency^ approximately^ equivalent^ to^ 3/4 of^ a^ rupee.
(^10) Indian Legal & A Constitutional^ History Court-fee at the (^) rate of (^) 5% was (^) alsoimposed in (^) civil (^) cases. (^) For criminal (^) cases, the Court used to sit once in a month. For the (^) purposedeciding of criminal (^) administration of justice, Bombay was divided (^) into sections.! For (^) each (^) section one (^) Justice of (^) Peace was (^) appointed whofour worked as a (^) committing (^) magistrate. The (^) Justices of (^) Peace sat in (^) the (^) Cour as (^) assessOrs at the (^) time of the (^) trial. Court of (^) Conscience.-This Court was also (^) presided over by (^) Wilcox. it (^) was (^) called as (^) Court of (^) Conscience because it (^) provided quick and summary justice. It (^) entertained only (^) petty (^) cases and (^) decided civil (^) matters of (^) value (^) upto (^20) xeraphins. There was (^) no (^) provision for any (^) court-fee. This Court did (^) not (^) have any (^) jury. It (^) could be (^) said (^) that the (^) judge (^) decided the matter to^ the (^) best of (^) his (^) judgment. Court of^ Appeals.--The (^) Deputy-Governor and (^) Council (^) functioned as Court of (^) Appeal. They (^) heard (^) appeals (^) against the (^) judgments of (^) the of (^) Judicature in (^) all (^) matters. Court The (^) judicial (^) system (^) which was (^) so (^) established under the (^) plan of worked well. It (^) was (^) quick, (^) inexpensive and 1672 that (^) the (^) Judges did (^) not efficient.^ Its^ main^ defect^ was enjoy (^) independence (^) required for (^) good administrationunder (^) the of^ justice. (^) They (^) were (^) not (^) paid (^) properly; (^) were (^) always officers of subjection^ of^ the^ executive^ and^ could^ be^ harassed^ by^ the the (^) Company. (^) This (^) system (^) worked till (^1683) Keigwin's (^) rebellion (^) brought it to (^) an (^) end (^) by when^ the island (^) remained (^) under the (^) rebellions for (^) aboutcapturing a the^ island. The by (^) the (^) Company in (^) 1684. (^) After its year.^ It^ was (^) recaptured new judicial system in it. recapture^ the^ company^ established a Second (^) Stage (^) (1684-1693),-Under the (^) new administration, a^ Court of (^) Admiralty was system^ of^ judicial Jines of (^) the (^) Court of (^) Admiralty (^) establishedestablished in in^ Bombay on (^) the of (^) 1683. (^) Basically the (^) Court had Madras (^) under the (^) Charter matters. But (^) due to (^) the (^) absencejurisdiction of (^) any in^ admiralty and (^) maritime criminal (^) matters (^) went to (^) this other^ Court,^ even (^) civil (^) and between the (^) Governor and Court.^ After^ some^ time^ dispute (^) arose of (^) Admniralty about Council^ and^ the^ Judge-Advocate of (^) the (^) Court their (^) respective (^) jurisdictions. To Consequently^ this dealj (^) with (^) the (^) civil (^) and (^) criminal on (^) the (^) lines of (^) the (^) Court of matters,^ a^ Court (^) was (^) established But the (^) jurisdiction of this (^) CourtJurisdicature (^) and of created^ under^ the^ plan of (^) 1672. clearly the^ Court^ of^ Admiralty were^ not demarcated. (^) Therefore, (^) disputes of (^) jurisdiction, (^) between
- (^) These (^) sections were (^) Bombay, (^) Mahim, these
2. Ever Wilcox, who was appointed at Mazagaona and^ Sion.
similar (^) instances see (^) Malabari (^) Bombay in salarythe of^ Rs.^ 2000, was (^) never paid. For other Making, p.^ 150.
Court was (^) deprived of (^) civil (^) and (^) criminai jurisdiction in^ 1685.
12
detention in jail. No time limit of imprisonment was
was a common punishment. The presumption of prescribed.
the accused and benefit of doubt to him also did not get innocence of
this Court. The jury system which existed earlier was also recognitiongiven up in
and
whipping
Indian Legal &
Constitutional
History
the Court decided all cases without jury.
In Ram Kanati's case, Kanati was arrested on the charge of
involvedthat dacoit with a^ dacoit Angira on a dancer's hearsay evidence whobeing toi
Angira told her the same. Ram Kanati's property was
confiscated and he was granted perpetual imprisonmernt because of
fictitious charges (^) which the (^) Governor and (^) Council had (^) framed.
uponConclusion.The the system^ established^ in^1718 was^ an^ improvement
earlier system at least to the extent that the participation of
Indian judges was allowed in the administration of justice. This helped
the Court in winning the confidence and respect of the local
internal (^) position of the (^) Company did (^) not, people.^ The function (^) properly. A (^) little (^) bit however,^ allowed^ the^ Court^ to
had been introduced by the separation^ of^ executive^ from^ the^ judiciary
Governor and Court^ of^ 1718,^ yet the^ executive,^ i.e.,^ the
Council always interfered with the independence of the
judiciary.the Apart from (^) that (^) many of the (^) English (^) judges in the (^) Court were
members of the^ Governor's Council as well as of the Court. The
judges (^) were (^) also the (^) prosecutors. In (^) many (^) cases the
company itself was involved. In those cases the Government^ of^ the
impartial justice. Examples are judges^ could^ not^ impart
and procured evidence against theavailable where^ these^ judges^ prepared
Court for (^) justice. (^) Another persons^ who^ were^ brought^ before^ the as (^) well as (^) of (^) the anomaly^ was^ that^ being^ mnembers of^ the (^) Court
Governor and^ CouncilGovernor's Council,^ these^ judges^ heard^ appeals^ as
judicial (^) systemn was against^ their^ own^ decisions.^ In^ this^ way^ the justice and (^) the wanting^ in^ so^ many^ respects.^ The^ canons^ of^ natural been just mentioned.principles^ of^ law^ were^ violated^ by^ the^ defects^ which have
Job SETTLEMENT^ IN^ CALCUTTA
Charnock, aservant of the company, laid the
British settlement in Calcutta, on 24th August, 1690. Itfoundation of e
establishment of afactory at Sutanati on the banks of riverbegan Hugli.^ with Afort
was (^) built (^) which (^) was (^) named as (^) Fort
the Company secured the William.^ Eight^ years after, n
Sutanati and zamindari^ of^ three^ villages,^ namely Calcu
sher, one of theGovindpur from^ the^ Subedar^ of^ Bengal,^ Pringe Azim
As grandsons^ of^ Aurangzeb.
zamindar the^ company obtained all the
zamindars. The zamindars enjoyed almost privilegesunlimited available to the rights and
