Administration of justice in presidency towns (1600-1773)

Introduction

In 1583 A.D three (3) English merchants visited India. Britishers got information about
the wealth of India from the writings of Ralph Fitch who travelled throughout India.
The information about the wealth of the country inspired the Britishers to have trade
relation with India.

On 24th September 1599, some merchants of London held a meeting under the
chairmanships of the city mayor. The object of the meeting was to constitute themselves
into a company for starting trade relations with the east Indies. They formed a company
under the name and style “The Governor and Company of merchants of London trading
into the East Indies”. The said company is known as East India Company. The Company
applied to the crown for permission to trade with East Indies. On 31 st December 1600
Queen Elizabeth issued a Charter and there by incorporated East India Company.

With the coming of the British to India the legal system of India changed from what it
was in the Mughal period where mainly the Islamic law was followed.

INDIA OPENS WITH THE ESTABLISHMENT OF EAST INDIA COMPANY

The company incorporated in England by the crowns Charter of 1600. The

company was given executive trading right in Asia including India, Africa and America.
All the members of the company constituted themselves as general court it was to elect
annually the court of Directors. The Court of Directors consisted of a Governor and 24
Directors.

The court of directors was to manage the entire business the court of director
were to be 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.
OBJECT OF THE COMPANY

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 realised 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.

In early days the administration of justice in the settlement East India Company
was not a high order. 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.
The company gave lesser importance to the judicial independence fair justice and rule
of law.

ADMINISTRATION OF JUSTICE IN SURAT

The East India Company established Ist factory in Surat in 1612. British crown sent an
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.
ADMINISTRATION OF JUSTICE IN MADRAS BEFORE 1726

The early centers of British power in India were the three presidency towns of Madras
Bombay and Calcutta which were founded by the British.

Madras was the first presidency town to be established by the British in India.

In Madras, these judicial administration by the britishers developed in three stages.

They are

• Stage I : 1639-1665
• Stage II: 1665-1683
• Stage III: 1683-1726

Stage I: 1639-1665
Madras was founded in 1639 by Francis Dey, who acquired a piece of land from the
Hindu king Chandragiri to build a fortified factory. The factory was named Fort St.
George. Europeans and British lived inside the factory and it was known as the White
Town. King Chandragiri also gave the Company full power and rights over the land.

Later on, many Indians were attracted to this place due to trade and lived outside the
factory. The small village came to be known as Black Town, the whole area of White
and Black Town came to be known as Madras.

Administration of justice in Madras

Madras was given the status of an agency.The administrative head was called
an agent and the council helped him for administration. The nature of the affairs of
the company was commercial
Judicial System

Agents and councils dealt with cases in White Town, and cases of serious offences
were referred to the Company in England.

Choultry Court

A choultry court was established with Adigar as a judge to decide petty civil and
criminal cases of the natives. The Choultry Court was only a court of petty cases.there
was no established procedure or forum for the trial of serious cases arising in the black
town.

Stage II: 1665-1683

• Mrs. Ascencia Dawes was brought to trial before the Agent and the Council on
charges of murdering her handmaiden. As was their usual practice, the Agent
and the Council, being unsure of their powers in such matters, referred the
matter to the Company’s officers in England for advice.

• The Company decided to give effect to the charter of 1661 in Madras and for
this purpose granted the agent the status of governor.

• This step was necessary because the Charter vested judicial power in the
Governor and not in the Agent and Council, one of the effects of implementing
the Charter of 1661 was that the judicial power of the Governor and the
Council extended not only to the British but For all the people living in the
settlement.Thus the agency of Madras became the Presidency in 1665.Soon
after, the governor and council, with the help of a jury, prosecuted Mrs. Dawes.

• Both grand and petty juries were used. The small jury consisted of six
Englishmen and six Portuguese.This was the first jury trial held in Madras.
The governor recognized the entire judicial system of Madras required to introduced
reforms in the functioning of the courts above it.
The court used to meet twice a week and decide all civil and criminal cases with the
help of 12 jurors.Now the court was designed as a High Court and was formally
inaugurated on March 27, 1678.

Choultry Court

The old Choultry Court was reconstituted and Adigar was replaced by three English
servants of the Company, known as the Pay Master, Mint Master and Custom Master.
They could decide cases up to 50 pagodas

Stage III: 1683-1726

Two important courts were established in 1686.

(1) Admiralty Court
(2) Mayor’s Court

Admiralty Court

The Admiralty court in Madras was established on 12 April 1686 and the court
proceedings started on 10 July 1686.

The main objective of the establishment of the Admiralty Court was to stop the
increasing criminal cases. The company was given a monopoly of trade in Asia, Africa
and the Americas. And if any British wanted to do business, then they had to take
license from the East India Company, but the rights of the company were being
violated.

Other British merchants called the Interlopers and because of this The Court having
jurisdiction to punish such traders was felt. To tackle the rise in the crime of piracy on
the high seas they needed the court of the Admiralty.
So the court consisted of a person ‘learned in civil law’ who was a judge appointed by
the company and two other Merchants appointed as advisors. This court was
established where it was most needed.
John Biggs was the first judge advocate of this court.

Functions of the Admiralty court

The court could decide all matters of the commercial and maritime nature.
The court could also decide all civil and criminal cases.
The court enforced the rules of equality, good conscience and better law.
Thus the Admiralty Court became the ‘General Court of Madras’.

But unfortunately Sir John Biggs died in 1689 and Sir John Dolbane was appointed as
Judge Advocate in 1692 but after some time he was dismissed from his office on
charges of taking bribe. Then William Fraser, a civil servant, was appointed as a judge
advocate.
The Admiralty Court functioned well until 1704 and after some time the Admiralty
Court ceased to function.

Mayor’s Court

In the year 1688 another court was established in Madras which is known as ‘Mayor’s
Court’. The court was part of the Madras Corporation which was established under a
charter on 30 December 1687.

Composition of Mayor Court

The Mayor’s Court consists of three senior aldermen who were known as the ‘Justice
of the Peace’ in the Mayor’s Court.

Jurisdiction of Mayor Court

The mayor’s court could decide all civil and criminal cases. The court used to sit once
in two weeks.

A quorum of mayor and alderman was created.

Quorum – The smallest number of people who must sit at a meeting before an official
decision can be made.
The court could award imprisonment and fine for violation of law.
The appeal from the court took place in the Admiralty Court.

Madras Corporation

Madras Corporation was established on 29 September 1688. Madras Corporation was

the oldest municipality in Asia after Daman Municipality.

Composition of Madras Corporation

The Madras Corporation consisted of a mayor, 12 aldermen and 60 to 120 burgesses.

Mayor – The charter itself appointed the first mayor named Mr. Nataniel, who was a
member of the governor and council. The mayor could hold his office for one year.
The mayor was elected annually by Alderman and Burgess. Mayor could have been
removed by Alderman and Burgess. Only the British could hold the post of mayor.

Alderman – The alderman could hold office for the whole life or residence within
Madras. Alderman could be removed by Mayor, Alderman and Burgess.In the vacancy
of an alderman, a new alderman was chosen among the Burgesses by the mayor,
alderman, and the Burgess. Of the 12 aldermen, 3 were Englishmen and 9 were from
other nationalities.
as follows ; There were 3 Englishmen, 3 Hindus, 1 French, 2 Portuguese, and 3 Jews
and Armenians.
Burgesses – The charter also appointed 29 burgesses itself. Other Burgesses were
selected by Mayorr and Alderman.

Power of Governor and Council – The Governor and Council had the power to
remove the Mayor, Alderman, Burgess. The governor and council could appoint
anyone in the vacancy of the mayor, alderman, Burgess.

Choultry Court

The choultry court lost its importance since the arrival of the mayor’s court. Now the
Choultry Court could only hear petty civil and criminal cases up to the value of 2
pagodas.
The Choultry Court functioned well till 1726.