Theoretical overview
In 1599 a group of prominent merchants and explorer met to discuss a potential East Indies in London. There are 216\219 merchants, elder man and nobles in London presented in the meeting.
Merchants fails 2 times for convincing Queen Elizabeth to give permission to trade in East India. First amount 30,000 pound and second amount 68000 pounds.
Finally on 31st December 1600 Queen Elizabeth granted charter to their corporation named “ Governor and company of Merchants of London trading into Eat Indies.” Later turns into ‘east India company’.
The east India company was incorporated in England in 31st December 1600 by royal charter of Queen Elizabeth. The charter defines the power and privilege of the company. The English came to India in 1601 as a body of trading merchants.
Management and administration of company
There were 24 director and they appoint the governor as the head company servant works under governor.
This court of director was elected by the shareholder ( court of proprietors) of the company on annual basis.
The direct have to report to the court of proprietors.
The owner of east India company was share- holder(court of proprietors)
The term of court of director was one year.
court of proprietors could remove any of them before expiry of his term.
Provision for charter of 1600:
The duration of the charter was for the period of 15 years and the same could be revoked by giving notice of 2 year if the trade carried out by the company did not appear profitable.
Monopoly of the company :
- The charter allowed the company to have exclusive trading right in the region of Asia and Africa.
- The geographical jurisdiction was confined to the region of Asia , Africa and America.
- No British subject was permitted to carry out the trade with this area i.e eastward to the cape of good hope up till the strait of Magellan with a license from the company.
- If any trader there without license from company were liable to forfeiture of their ships and cargo (half of which go to the crown and half to the company as well as imprisonment )
Legislative power to company by charter:
- The company was permitted to make general laws.
- It was first time where any non- government body authorized to make laws.
- The company was allowed by charter to give imprisonment , fine and stroke and physical punishment for maintain the law and order of the company.
- But the company was prohibited to make laws on following cases: murder, dacoties, company made laws must be justifiable and reasonable , company can not change in fundamental law.
Charter of 1661
Charter of 1661 was issued by king Charles -II. This charter change existing judicial system. This charter authorized company to appoint Governor and Council Governor. The council empower to hear and decide all civil and criminal cases of Englishmen and those living under its jurisdiction a/c to law of England.
As compared to charter of 1600 the charter of 1661 grant more judicial power to governor and council.
Features:
Judicial power was granted to the governor and council of the factor.
Justice was given a/c to English laws this was privilege for English men.
British settlement of Surat
Surat was the first place where English company established its factory in order to start its commercial activities. Main reason for setting up of factory in Surat was that it was most important commercial center and Surat had status of internal port thousand of Muslim pilgrims sailed every year to holy place through this port. This attract the English men.
Portuguese who were already establishing themselves at Surat did not relish any competition in Indian trade. This leads to clash b/w British and Portuguese. British defeat Portuguese.
In 1612 English men succeeded in establishing their factory at Surat with permission of local Mughal Governor. They were governed by their own law that is English law.
Sir Thomas Roe’s visit: king James-I send Sir Thomas to India. Sir Thomas Roe came to India as ambassador of James- I to Jahangir court.
Important concession:
- The English men were allowed to live in accordance with their own laws and religion with any local interference.
- The disputes among them were to be settled by their own tribunal.
- The disputes b/w the English men and an Indian were to be settle by local native authority (kazi).
Law and justice in Surat factory:
- No court or tribunal existed.
- The president and council of the factory was empowered by British crown to administer justice in civil & criminal cases .
- The president and council can impose death sentence only in case of murder and mutiny after the verdict of jury.
- The English people were governed by dual system of law:
- In their own matter governed by their own tribunal.
- In matter with native governed by native.
- But native tribunal suffer series defect.
- There were bribery and corruption in the systyem.
- The judicial officer were abitary in their decision.
Administration setup in Surat factory:
The company establishes factory at Surat with the president as its head
All the decision in the council meeting were taken by a majority of the votes
The president has one vote like any other member
Company servant consists of three main category
1. Writer: Writer is the junior most servant. He has to provide service for less than five years. His salary was £10 per annum.
2. Factor. They were paid 20 pounds per annum, a salary. They have to work for three years and then they will promoted to the senior factor.
3. Senior factor. They were paid 40 pounds as the salary.
British settlement at Madras
In 1611, the East India Company set up their first factory at Musulipattam. Factory of Muscly Putnam was just an agency of Surat factory.
In 1611, the East India Company set up their first factory at Musulipattam. Factory of Muscly Putnam was just an agency of Surat factory.
The Raja also grant the company full power and authority to govern Madraspatham the fort St. George where Englishmen were lived known as white town Madraspatnam where the natives were live known as black down
The entire territory of white and Black town developing into city of Madras.
Administration of Madras:
• Madras was sub ordinate to Surat presidency till 1665.
• Madras got status of agency.
• Madras was administrated by agent and help of small council.
• Agent and his council decide criminal and civil cases.
• All the affairs of the factory regulate by agent and his council.
Settlement in Madras:
Madras developed in three phrases
1. First phrase (1639 to 1665)
Choultry court was in black town. Madras Putnam has its own system of administration which was not interfered by the English for some time. There was village headman known as adhikari the function of the adhikari was to administrate justice to native, he was the head of choultry court, he maintain law and order he decide minor civil and criminal cases Choultry court: was functioned as Custom House and registration office for sale of immovable property.
2. Second phrase (1678 to 1686)
When S. master become the governor of Madras he reformed the entire jurisdiction he banned sati Pratha he reformed in the working of courts the courts of government and council changes to the High Court. through this juridical plan 1678 the court hold it sitting twice a week and decided all the civil and criminal cases with the 12 jury members the Choultry was also recognized, the adikari were replaced by English servant of the company.
3. Third phrase (1686 to 1726)
Admiralty court in Madras was established by charter of 1686.Due to increase in crime there was need of admiralty court. It Consists of three senior servants of the company one act as judge and two other word his assistant and it is headed by the judge advocate.
In 1687 attorney journal and registrar office were introduced this deal with civil criminal martime cases. Admiralty court became general court of Madras.
Mayor court was also introduced by charter of 1687 it heard all criminal and civil cases. The court held its sitting only once in two weeks and decide criminal cases with jury. The court give punishment of fine and sentence of imprisonment.
British settlement in Bombay 1688 to 1726
The Portuguese were the first European nation to acquire the island of Bombay in 1534 from the king of Gujarat Sultan bahadur
In 1661 the Portuguese king transferred the island to Charles-II as dowry on the marriage of his sister Princess with the British King Charles II leased these island to English East India company for annual rent of 10 pounds East India company transfer its headquarter from Surat to Bombay
Administration of justice in Bombay:
Development take place in three phases
- first phrase 1668 to 1683
Charter of 1668:- King Charles to grant a charter-II the company The charter authorised the East India company to make law on the basis of law of England they can also impose penalties and punishment by the way of fines imprisonment or even death. For judicial control company need courts so the charter also authorised company to create court. The governor of Surat was Ex officio governor of Bombay. The regular system of law and court was Brought to Bombay by Deputy governor of Surat in 1678 divided the island of Bombay into two territorial Division One court of judicature was set up for each of these division. each these court had five judges who were to decide all civil cases these court held sitting once a week and decided all small offences and civil dispute there was a common superior five judges who word decide all civil cases this code held sitting once a week and decided all small offences and civil dispute there was a common superior court of deputy governor and council for both these division which had origin as well as appellate jurisdiction. criminal cases were to be tried with the help of jury. An appeal from the deputy governor council decision lays to the governor in council of Surat
Judicial plan of 1672 : issued by a government proclamation whereby Portuguese law was completely abolished from Bombay and English law was introduced in its place a court of judicature was established with Wilcox as its judge this court has jurisdiction on cases like civil criminal probate etc. By this judicial plan Bombay was divided 4 division. In each of these division a justice of peace was appointed who was to be in Englishman. He had power to apprehend the offender and hold inquiry and conduct investigation. He also examined witnesses. After investigation justice of peace send the record to the court of Judicature where the cases was tried with the help of jury. appeal from the court of judicature were taken to the court of deputy governor and council of Bombay.
- Second phrase (1684-1690): admiralty court in Bombay by charter of 1683 the British king Charles-II empowered the company to establish Admiralty court decide civil and criminal case in accordance with the rule of equity and good conscience.
- Third phrase –court of judicature: this court consisted of an English Chief Justice and nine other judges including Indian, Portuguese, Christian and Paris. The Indian judge did not enjoy the same status as English judges and they were called Black judges. The English judge were to be the member of the court of the governor and council. The court has the power to decide civil and criminal cases according to law, equality and good conscience as well as the rule made by company. But the court could not award capital punishment and this power was to be exercised exclusively by the court of Governor in council.
Points to remember
- on 31st December 1600 Queen Elizabeth granted charter to their corporation named “ Governor and company of Merchants of London trading into Eat Indies.” Later turns into ‘east India company’.
- The duration of the charter was for the period of 15 years and the same could be revoked by giving notice of 2 year if the trade carried out by the company did not appear profitable.
- Charter of 1661 was issued by king Charles -II. This charter change existing judicial system. This charter authorized company to appoint Governor and Council Governor. The council empower to hear and decide all civil and criminal cases of Englishmen and those living under its jurisdiction a/c to law of England.
- In 1612 English men succeeded in establishing their factory at Surat with permission of local Mughal Governor. They were governed by their own law that is English law.
- Sir Thomas Roe’s visit: king James-I send Sir Thomas to India. Sir Thomas Roe came to India as ambassador of James- I to Jahangir court.
- In 1611, the East India Company set up their first factory at Musulipattam. Factory of Muscly Putnam was just an agency of Surat factory.
- In 1611, the East India Company set up their first factory at Musulipattam. Factory of Muscly Putnam was just an agency of Surat factory.
- Fort St. George where Englishmen were lived known as white town Madraspatnam where the natives were live known as black down.
- The entire territory of white and Black town developing into city of Madras.
- Settlement at madras take place in 3 phrases: first phrase 1639 to 1665, second phrase 1678 to 1686 third phrase 1686 to 1722.
- Admiralty court in Madras was established by charter of 1686.
- In 1687 attorney journal and registrar office were introduced this deal with civil criminal.
- Mayor court was also introduced by charter of 1687.
- The Portuguese were the first European nation to acquire the island of Bombay in 1534 from the king of Gujarat Sultan bahadur.
- In 1661 the Portuguese king transferred the island to Charles-II as dowry on the marriage of his sister Princess with the British King Charles II leased these island to English East India company for annual rent of 10 pounds East India company transfer its headquarter from Surat to Bombay.
- Development took place in three phrase in Bomaby.