Module_on_Surat___WDWDWWFWFWWFWMadras.pptx

Dr. Biranchi N P Panda
Assistant Professor
Xavier Law School
*EARLY CHARTERS,
ADMINISTRATIVE &
JUDICIAL SYSTEM
IN
SURAT

*CHARTER 1600
*1600: Charter passed in England and the company incorporated in England
*Trading Rights to Company: India, Asia, Africa & America
*General Court: All the members of the company constituted themselves as
general court. The Court of Directors consisted of 1 Governor and 24
Directors.
*The court of directors was to manage the entire business the court of director
and elected by the general court for 1 year but any of them might be removed
from his office even before the expiry of his term of office by the general
Court.

*CHARTER 1600
*EIC: It was created by a Charter of 'Queen Elisabeth'
*Its full name was “The Governor and Company of Merchants of
London Trading into the East Indies.”
*Company got 15 years of licenses limit
*Administration of EIC: 1 Governor. 24 Directors appointed
*1609: Fifteen years of licenses limit was cancelled due to profits and there
were no restriction of timeline but 3 years prior notice
*Power & Function: The Company was originally created to carry on and
enjoy an exclusive trading right in the Asia, Africa, America etc. No British
citizen could carry trade activities in this area without a licence.
*EIC established factory in Surat first.

*SURAT FACTORY
*First Factory in Surat (1612): The East India Company established 1st
factory and ambassador Sir Thomas Roe to the Mughal Emperor to request
to grant certain facilities to the English man in India.
*In 1615 the Mughal Emperor on the pleading of Sir Thomas Roe issued a
Firman, the Mughal Emperor allowed the Englishman to live according to
their own religion and laws and to settle dispute among themselves by
their president, however the disputes between on Englishman and an Indian were to
be decided by the native Judges.

*OBJECTIVES OF THE EIC
*Promotion of British Trade & Business: Actually the company
appears that to promote British trade and commerce in Asia. The
company was conferred on only those powers which were necessary to
regulate its business and maintain discipline amongst its servants and
they were not at all adequate for governance of any territory.
*But the company came to India and they were found the Indian Kings
disunited and unaware of the Modern Politics. They realized they
can dominate the territory in India the company gradually and
gradually inclined to acquire territories in India. The company thereby
could market for its goods.
*At the time of the incorporation the object of company was
commercial but gradually and gradually its object became political also.

*CHARTER 1600
*Justice Settlement: In early stage EIC was not well in administration of
justice
*No division of Executive & Judiciary: There was no separation between
the executive and the judiciary the judiciary was under the control of the
executive the judges were not a law experts.
*Judicial Independence: The company gave lesser importance to the judicial
independence fair justice and rule of law.

*CHARTER 1600
*LEGILSATIVE POWER/EMPOWERS THE EIC:
*Better governance of itself, it’s servant and for its trade and business.
*For Punishments and Penalties on violation of any prescribed laws
*No capital punishment allowed
*The charter made no References to any factories and territories on governance
*This mainly focus on the Management of its meetings, its officers,
arrangements in England and the administrative arrangements in the EIC
*Despite all shortcomings- this helps in making Anglo-Indian Codes that were
ultimately developed

*CHARTER 1600
*KING’S COMMISSION: Better Governance
*The charter/legislative power is limited and inadequate in practice for maintaining
discipline and long voyages
*No harsh punishments for serious offences by EIC servants
*Established - Crown’s prerogative and Commander-in-Chief of each voyages separately
to take serious criminal matters
*1601- first of such commission issues by Queen Elizabeth to lancaster Gregory who
killed an Englishman in Surat port and convicted on his own confession leads him to
Death penalty

*SURAT/CHARTER 1600
*Power to Issue Commission Granted to the Company:
*Better Governance – established separate royal commission for
each voyages by King James in 1615
*Given charge to the Captain/Commander -in-Chief to deliver
justice in serious crime through Jury system (12 company’s
servants).
*Similar set-up were also required to maintain peace and
admiration of Justice in Company’s trading establishments in
Land
*1623- James I granted the company the power of commissions to
any of its Presidents or chief officers in its settlements

* CHARTER 1661 & FURTHER POWER TO
COMPANY
*FEATURES:
*Charter 1661- Conferred broad powers to the company to
administer Justice in – Administration of Judicial System of India
*Judicial power were given to Governors and Councils of factory- no
distinction between administration & Judicial system
*Governors and Councils solely looks for better managements and
governance of Englishmen
*Justice delivered by English Law/Law of England.

* CHARTER 1661 & FURTHER POWER TO
COMPANY
*This new charter, issued by Charles II on his restoration, included provisions for
the EIC to hold universal territorial jurisdiction in its Indian settlements.
* It called for the governor and council of each EIC factory and settlement to
have complete judicial authority over all EIC personnel, and more importantly,
over all persons living in their territory regardless of origin, i.e.. “...power to judge
all persons belonging to the said governor and company or that shall live
under them," and that the Laws of England would have to be applied “...in
all cases, whether civil or criminal” and according to the law of England.
*In certain serious cases, in absence of Governor, the council were to send
offenders to Places of Governor or England for Justice.

*Comparisons of Charter 1600 & 1661
*1600 charter was only to administer/govern the Company but 1661 has
given More Judicial power to Governor and Council
*Charter 1600 Restricted only to Company’s Servants/Englishmen while later
charter covers the Company’s Servants but all those who lived in the
Company’s settlement
*No serious punishment available but later Charter has the power to award
death punishments
*Charter 1600 only to maintain disciplines among the Company’s Servant but
Charter 1661 focused to create a judicial system for company’s territorial
possessions.

*SURAT FACTORY
*WHY SURAT?:
*Important Commercial Centre and populous town within Moghul
Empire
*Good International Port due to Muslim pilgrim travels across holy
places in Arabian countries
*Portuguese already established their trade & business center

*SURAT FACTORY
*Till 1687- Surat was the chief centre of company’s activities in India
*First presidency and important factory of EIC
*President or Governor is considered as the administrative head of
the EIC
*After the seat of Governor and Council was transferred to Bombay
from Surat it lost its significance
*Three major Presidencies Established– Bombay, Madras and
Calcutta

* ADMINISTRATIVE AND JUDICIAL ARRANGEMENTS IN
SURAT
*First English settlement in India
*Its Governor and councils were elected by EIC only
*All decisions were accepted by majority votes
*The Governor has ordinary power like other members, no veto
power and no power to overrule
*Dual System of Laws: By EIC and BY Indian Moghul
Government/Local Laws & Courts
*Civil Laws were administer by Hindu laws & Muslim Laws
*Criminal Laws were only by Muslim Laws
*EIC requested for privilege of being governed by Factory Laws

*LIMITATIONS
*The problem of administration of Justice was an extremely limited
*Only focus on its own administration – EIC
*No regular tribunals or courts for Englishmen
*Judicial power enjoyed by the Governor and council
*Criminal matters under King’s Commission
*Traders not Lawyers handled the Judicial process
*No formal justice system, Corruption and bribery were rampant

Dr. Biranchi N P Panda
Assistant Professor
Xavier Law School
*ADMINISTRATION OF
JUSTICE IN MADRAS

*ADMINISTRATION OF JUSTICE IN MADRAS
*FIRST PERIOD: 1639-1665
*SECOND PERIOD: 1665-1686
*THIRD PERIOD: 1686-1726

* FIRST PERIOD: 1639-1665
*1639: Madras was found by Francis Day, acquired a piece of land at eastern
sea coast from Hindu Raja
*Fort St. George: Company established its factory
*EIC got exclusive power and authority on Madraspatanam to govern it
*Black town Concept emerged: Indian population increase doe to trade and
business
*White Town Concept: the Englishmen and other European nationals inside
the port.
*Madras Emerged with this two combinations

*ADMINISTRATIVE SET-UP
*AGENT: The head of administration and run the settlement with
council.
*Initially it was subordinate to Surat Presidency, the only presidency
*Starting, governance were good as only commercial engagement were
existed

*JUDICIAL SYSTEM IN WHITE TOWN
*AGENT & COUNCIL: Delivered Justice To The White Town
*CIVIL CASES: Deal by Agent & council
*CRIMINAL CASES: Mostly handled by superior authorities or advise from
England
*ADMINISTRATION OF JUSTICE WAS IN BAD SHAPE: due to
long distance between INDIA and ENGLAND/SURAT
*

* JUDICIAL SYSTEM IN BLACK TOWN
*BLACK TOWN:
*Raja has given responsibility to EIC to manage administration of
Black Town
*No regular court/tribunal existed only traditional pattern of judicial
system available in Madraspatanam
*Adigar- Kanappa/Choultry Court:- The only medium for
delivering justice on civil & criminal cases
*1652: Two Englishmen were appointed to sit the Choultry Court

CHOULTRY COURT
*It was a merely a court of petty cases.
*No other option was there as no new court has been established for
civil & criminal cases
*Example:
*1641, an Indian was accused of murder of one women, whom
he was living.- Hanged Death by English Law
*1642, A British Solider was killed by a Portugees- Shot Dead-
English Law
*1644, Sargent Bradford killed a native by accident – Death by
Accident- English Law

*JUDICIAL SYSTEM
*NO ESTABLISHED PROCEDURE:
*No fixed form of trial procedure & procedure varied from cases
to case
*Informal procedure of methodology
*Criminal matters- deals with no specific methods-ad hoc basis
*Capital cases other than English people, Raja Ordered that would
be punished/decided as per the English Law

*SECOND PERIOD: 1665-1686
*EXTENSIVE POWER AND DELAY IN JUSTICE:
*Charter 1661 conferred extensive Judicial Power but it was not
operative in Madras immediately
1665:- TURNING POINT (CASE)
*Mrs. Ascentia Dawes accused of murdering of her slave girls
*The EIC decided to enforce Charter 1661 in Madras
*-Agent got the status of Governor and Madras became a Presidency
Town
*Appointed Jury to take forward the case and jury decided “Guilty with
few limitation” to the Governor
*Governor wanted to only mentioned “Guilty” or “Not Guilty”
*Surprisingly Jury finally decided “not Guilty” and accused got acquitted.

*ADMINISTRATION OF JUSTICE
*LACUNAS LEADS TO NEW STEPS:
*Neither Governor and Councils were lawyers by education or training
*Jury decisions were final and people were not happy with the decisions
*Company has not sent any legal experts to Madras
*Only justice delivered by Common sense and wisdom
*This Charter 1661 not helpful due to no experts in law and lack of
knowledge of law- so charter1661 became kind of dead

LACUNAS LEADS TO NEW STEPS:
*The Court did not function regularly or efficiently
*Criminal cases accused has to wait long time
*Case: 1678- Englishman accused as a murder of another English
man- where he waited for trial at prison for 31 months for justice
*Case: Portuguese accused of murder of his servant, who was black
Christian

*High Court of Judicature: 1678
*Streynsham Master, The Governor of Madras (1667-16681):
*Taken few steps to regularize the Court functioning at least two
days in a week
*Civil and Criminal cases according to the law of England with the
help of Jury 12
Choultry Court reorganized:
*Sit twice in a week
*Civil actions by 50 pogodas
*A hierarchy of courts was thus established

* THIRD PERIOD: 1686-1726
*During this period two important courts the Court of Admiralty and
the Mayor Court, were established under the British Crown's charters
of 1683 and 1686.
*Reasons of establishing these courts:
*Company faces loss due to financial loss – unauthorized trade by
English people
*Crime of Piracy & Dacoity in high sea increases
*Huge number of Maritime case and mercantile cases

*Charters of 1683 and 1686:
*The separation between executive and the judiciary was maintained.
*The governor and council had executive power only they had no judicial
power.
*The judicial power was exercised by the court of admiralty.
*Before the establishment of the court of admiralty the judges were laymen.
As a result, they used to decide cases according to their wisdom of
commonsense.

*COURT OF ADMIRALTY
*For the administration of justice came in the hands of professional
lawyers. Chief judge of the Admiralty Court was known as the Judge- Advocate
*Admiralty Court bestowed Justice in all Civil, Criminal & Maritime cases
But after the establishment of the court of admiralty
*1687, Sir John Biggs a professional lawyer as the Judge-advocate
*1689 died and again the Governor has taken Administration of Justice- all
civil, criminal & Maritime cases
*1692, EIC sent John Dolben as new Judge-Advocate bout later he caught in
taking Bribes.
*1696, EIC instruct the council members take charge of Judge-advocate but
no one is ready
*1698 onwards, Governor and Councils started hearing appeals from Admiral
Court on cases involving less than 100 pogods.

*Mayor’s Court:
*Established under the Charter 1687
*As per the judicial system existed in England (Municipal
Corporations)
*Dutch had already applied such system in many eastern nations &
eastern part of nations
*Just to gain power in corporation

THANK YOU
This PPT is solely prepared for student references and
understanding only. Not for any other uses.

Module_on_Surat___WDWDWWFWFWWFWMadras.pptx

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