Legal History: Module 1

(For private circulation only)

 East India Company
• 31st December 1600 Queen Elizabeth I granted over 200
English merchants the right to trade in the East Indies. One of
these groups of merchants called themselves Governor and
Company of Merchants of London Trading into the East
Indies, later to become simply The East India Company.
• EIC origins was as a small group of investors and businessmen
looking to capitalise on these new trading opportunities. 
 LICENSE
• Life Span of 15 years
• Charter could be revoked earlier by crown within
2 Years.
• Exclusive Trading Rights in the waters between
the Cape of Good Hope at the southern tip of
Africa and the Straits of Magellan between the
Atlantic and Pacific oceans.
• No British subject can carry business without the
licensee from the company.
 Management of EIC

Members General Court

Elect Annually
Court of Directors

24
Governor
Directors
 King Commission
• First commission issued by Queen Elizabeth on
24th Jan 1601 to its Captain for the first voyage
• Company invoked the Crown’s Prerogative and
used to secure from it a commission to the
commander-in-chief of each voyage separately.
• Empowering for inflict punishment to criminal
offence using “LAW MARTIAL”
• King James I in 1615 obviate the practice of
granting separate royal commission for each
voyages by conferring on a company a
general power to issue commissions to its
captains.
• Purpose: in case of capital offences e.g. willful
murder and mutiny, a jury of 12 servants of the
company will give the verdict.
• Gregory Lellington trial in 1616 for killing
Henry Barton, an Englishmen. He was
convicted on his own confession and was
sentenced to death.
• James I in 1623 granted to the company the
power of issuing a commission to any of its
presidents in its settlements authorizing him
to punish offences committed on Land by the
British Subjects, after a trial by Jury.
Treaty: EIC and Mughal Emperor Jhangir

• Right to self government to the English.

• Disputes amongst the company servants will be
regulated by their own laws.
• English people will enjoy their own religion and
laws in administration of the company.
• Local native authorities will settle disputes
between Englishmen and Hindus or Muslims
• Mughal governor or Qazi will protect the English
people from all sort of oppression and injury
British settlement at Surat
Council
(Governor +24
Directors

President and
its council

Merchants
Administrative power
controlled by
No legal Senior Factors Executive
Knowledge
Judicial Power
Factors Controlled by
Executive

Writers
 English Settlement at Madras
• Reason for Settlement: Near the established textile weavers' communities. Textiles

produced in the region were internationally sought-after, and were exported to Central Asia,

Persia, and the East Indies.

• Treaty Between Local Raja and Crown 1639 to establish factory and govern Village of

Madraspatnam.

• Condition: To pay half of the customs and revenues of the port to Raja

• New Settlement was name as Fort St. George and was managed by Agent and Council.

• Whole establishment later on named as White Town and Village of Madraspatnam as Black

Town
 Administration of Justice: First Phase

• Black Town (Madraspatnam): Adigar

presided in Choultry Court.
• 2 Company servants replace the Adigar and
became judge at the Choultry Court.
• Appeals from the Choultry Court to Agent –In-
Council.
• White Town: Agent-in-Council admoinistered
civil and criminal justice.
Administration of Justice: Second Phase

• Choultry Courts: 3 English servant presided

the Court.
• Jurisdiction: Petty civil and criminal cases.
• Court of Judicature: Governor-In-Council
presided the court.
• Jurisdiction: Original and Ape elate
Jurisdiction
 Administration of Justice: Third Phase

• Choultry Courts: 3 English servant presided the

Court
• Court of Admiralty: 3senior civil servants
presided the court.
• Jurisdiction: Original and Appellate Jurisdiction.
• Mayors Court: Mayor and 9 aldermen presided
the court out of which Mayor and 2 Alderman
formed the quorum.
• Jurisdiction: Civil and criminal cases
 English Settlement at Bombay
• The island of Bombay was ceded in full sovereignty to the crown
in 1661 by the Portuguese king under a marriage treaty between
Catherine of Braganza, daughter of King John IV of Portugal to
Charles..
• In 1668 the crown transferred the island to company at a rent of
£10 per annum through charter of 1668.
• Charter empowered the company to make laws and ordinance
for the good government of the island the inhabitant.
• Law framed by the EIC need to be in consonance to British
Laws.
• Laws granted freedom of religious beliefs to all person, due
process required in court proceedings, registration of sales,
mortgagees or other engagements relating to house or land,
penalties for adultery, theft, robbery, house breaking, forgery,
cheating , criminal assault etc.
 Administration of Justice: First Stage
Judicial Plan of 1670
• Courts of Custom Officer: comprises of 4
honorary Judges (presiding judge being the
English officer and rest being the Portuguese)
• Court administered justice once a week in
minor dispute up to the value of 200 xeraphins
and cases of petty offences like thefts not
exceeding the value of 5 xeraphins.
• Court of Deputy Governor-in-Council:
Superior Court presiding once in a week.
• Hear the appeals from the Courts of Custom
Officer and try cases beyond the jurisdiction of
Courts of Custom Officer
• Punishment given were harsh in nature
Administration of Justice: Second Stage
Judicial Plan of 1672
• Court of Judicature
o Civil Side: sat once in a week, provided probate and
registration.
o Criminal Side: Justice of peace acting as magistrate who
conduct preliminary examination before bringing a case to
Court of Judicature which sat once in a month to decide
criminal cases with the help of jury
• Court of Conscience: established to administer free
justice to the poor once a week deciding civil cases under
20 xeraphins. Justice of peace along with the court of
judicature presided over the Court of Conscience
 Administration of Justice: Third Stage

• Admiralty Court:
o Established in November 1684;
o St. John was appointed as Judge
o Admiralty cases, maritime cases, Civil and
Criminal cases
• King’s Bench of Common Pleas
o Vaux was appointed as judge
o Civil and Criminal Cases
Administration of Justice: Fourth Stage

• Court of Judicature
o Composition: Chief Justice, An Englishmen + 9
Judges (5 Englishmen + 4 Indians)
o 3 English Judges formed the Quorum
o Jurisdiction: Civil and Criminal Case, Maritime
cases, testamentary cases
o Presided once in a week
o Court can give any punishment except death
penalty
 Rama Kamti Case
• Rama Kamti was a rich and influential person who was also
the supporter of the company.
• On a charge that he was a friend with pirate chief Angria,
Kamti was arrested.
• Trial was held before Governor Boone and his council.
• No conclusive evidence against Kamti and some of the
evidences were forged.
• Witness were tortured to give e the statement against Kamti
• Kamti was found guilty and was sentenced to imprisonment
for indefinite period.
Administration of Justice in Calcutta
• On 24 August 1690 near River Hoogly, EIC established Fort
William for its factory
• In 1698 Prince Azim-us-Shan grandson of the emperor
Aurangzeb granted Zamidari rights of three villages; Calcutta,
Sutanati and Govindpur to EIC.
• Company appointed the collector to control the administration of
three villages who was the member of the council.
• Collector started holding zamidari court for both civil and
criminal cases
• In some cases trial was conducted in Madras.
• In 1699, Calcultta after becoming the presidency appointed
Governor and Council which were given administrative and
judicial powers.
 Justice in Criminal Case
• Company decided to follow Mughal system such as
Faujdari Court presided by English Collector who
was given power to decide criminal case of the
natives of Calcutta, Sutanati and Govindpur .
• Capital punishment was not awarded unless it is
confirmed by Governor and its Council.
• The court also took cognizance of petty crimes
committed by English People and for major crimes
the Governor and council was authorized to take
cognizance of the matter.
 Justice in Civil Cases
• Collector presided over the court of Cutchery.
• Collector decided cases in a summary way on
the basis of the prevailing customs and the
usage of the country or according to the
natural justice and equity.
• In exceptional cases only appeals were
allowed to Governor in Council.