(PPT 2) Unit - I Settlement at Surat, Madras

Unit – I Settlement at Surat,
Madras, Bombay & Calcutta

By – Sadanand Karhale
05.9.2021
(Assistant Professor, School of Law, Christ University
Lavasa, Pune
 1) Settlement at Surat –
The East India Company established its first factory in
India at Surat in 1612 during the time of Mughal Emperor
Jahangir
To gain the favor & protection of the Emperor, King James
I, sent Sir Thomas Roe to him in as his Ambassador
The Emperor issued 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 &
customs of England & to be judged by their own laws in
their disputes
But a dispute arising between an Indian & an English was
to be decided by local Indian Courts
Constitution & Functions of Factory –
The factory was administered by a President &
Council who were appointed by the company
The decisions of the majority of the members of the
council were the decisions of company
Apart from exercising the their powers for trading
purposes the President & his council also had the
powers to administer Law & Justice
But very little is known about the British judicial
system at Surat
This is much clear that the English people were
governed by a dual system of laws namely –
1. In their own matters by the laws of England
2. In matters with Indians by the native laws of this
country
The native courts at Surat also did not enjoy good
reputation
They suffered from many evils
During this time the administration of justice was not
very proper
There were no set pattern of crimes and
punishments & corruption among the judges
was rampant
Many cases of indiscriminate punishment &
letting off of criminals on acceptance of
bribe by the Judge were common
So many English, people therefore took law
into their own hands & did not care of these
courts
The Surat settlement of the Company
remained in prominence until 1617
2) Settlement Madras

There are 3 stages of
settlement at Madras –
First Stage 1639 to 1665
Second Stage 1666 to 1686
Third Stage 1687 to 1726
First Stage -1639 to 1665 –
In 1639, Francis Day, an Englishmen acquired a piece
of land from Raja of Chandragiri to establish a factory
That village was known as Madras Patnam
He built a the Fort of St. George
The Fort was also known “White Town” &
surrounding place known as “Black Town”
Madras was an agency & was placed under the
supervision of Surat factory
Madras agency was raised to the status of Presidency
town only in 1665
In the first stage there were two
courts
1) Court of Agent & Council
2) Choultry Court
The administration of justice of
Madras during the first span of time
was very preliminary , there were no
definite procedures
Second Stage-1666 to 1686 -
The Charter of 1661 Granted by Charles –II brought a
great change in existing system
The Governor & other officers were appointed for
Madras
Judicial System of Madras in 1678 –
The Governor & Council were formed as Court
This court was to dispose of the civil & criminal cases
according to English law
This Court was named as the High Court of Judicature
The Choultry courts was made subordinate to the High
court of Judicature
English officers were appointed
as Judges
The hierarchy of the Courts
came into existence in Madras
But the function of the courts
was not efficiently proved
Third Stage 1687 to 1726-
In the Third Stage, Admiralty
Courts, Mayors Courts,
Choultry Courts were
established
1) Admiralty Courts-
As Piracy increased, & to control it in an Admiralty
Courts were established in Madras
The court dealt with only mercantile cases and of
maritime nature & crime of piracy
Sir John Biggs was appointed as Judge of this Court
Jury use to help the Judges
Two Indian Officers were appointed to help the Court,
who were meant to explain the Indian Customs &
prevailing Indian laws to the Judges
As Mayors Court developed, the Admiralty Courts
were neglected
2) Mayors Court –
The Mayors Court was established under the Charter
of 1687
This Charter created a Corporation for Madras Town
The Corporation consisted of an English Mayor &
Alderman (Means - co-opted member of an English
county, who is next in status to the Mayor) & 60 to 120
Burgesses (Means-an inhabitant of a town)
Out of 12 Alderman 3 Must be English & rest were
natives
The tenure of Mayor was One Year & of the Alderman
was during their lives or residence in Madras
This Court had a Civil &
Criminal Jurisdiction within
the Presidency town of
Madras
The appeals from Mayors
Court lay to Admiralty Courts
3) Choultry Courts –
The Choultry Court continued but the
Jurisdiction of Choultry Court was
diminished to smaller offences & Petty Civil
cases amounting to 2 Pagodas (Means
Currency of Madras)
Thus three Courts functioned in Madras

This system was continued until the Royal Charter of
1726 was Granted
3) Settlement at Bombay
The Political Position of Bombay was quite different
from that of Madras
From 1534 onwards Bombay was under the control of
the Portuguese
The king of Portugal, Alfonsus –VI gave Bombay in
Dowry to the King of England Charles –II, when
English King married his Sister Princesses Catherine
Charles –II thought that Bombay being a very
backward Place was economically not profitable & as it
was difficult to exercise control from England , So he
transferred Bombay the East India Company on the
Very nominal rent annual rent of
10 Pounds
The Judicial System of Bombay
developed in three Stages
First Stage –From 1668 to 1683
Second Stage- 1683 to 1690
Third Stage- 1718 to 1726
First Stage –From 1668 to 1683-
The Charter 1670 made Bombay into two
Territorial Divisions
In each division a Judicature was established
The Court consisted of 5 Judges were to
form Quorum
Some Indians were also appointed as Judges
There was a Superior Court which had
Original & Appellate Jurisdiction
Scheme of 1672-
By this Portuguese Laws were
abolished
A Court of Judicature was established
with Civil, Criminal & Testamentary
Jurisdiction
Under this 5 % fee was charged from
the litigants
Second Stage- 1683 to 1690
 Admiralty Court was established in
1684 under the Charter of 1683
In 1690 Sidddi Yakub attacked Bombay
This attack caused Bombay a very
Position & remained in the said
Position until 1718
This was called as “dark Period”
Third Stage- 1718 to 1726
Approximately there was an interruption of Three
decades from 1690
On 25 March 1718, New Court of Judicature was
established
The Court of Judicature consisted of 10 Judges in all
The Chief Justice & 5 Judges would be of English
Origin
The Remaining 4 were Indian, from different
communities for Example – Hindu, Muslims,
Portuguese, Parsis
All English Judges were also members of the
Governors Council & enjoyed Superior Status than
other judges
Indian Judges were called as “Black Justices”
The court had a weekly meetings
It use to administer Justice in a rough, cheap &
speedily
No Technical Rules, No Legal Procedure were
adopted
Whipping was common Punishment
Appeals from this court would lay
to Governor & Council
Court fees was less
The jurisdiction of the Court
extended to Civil, Criminal, &
Military Matters
4) Settlement at Calcutta
 The East India Company made its Settlement at

Calcutta just like in Bombay & Madras
 In 1690, it Constructed Fort William
 In 1698, Subedar of Bengal Prince Azimushsher &
Grandson of Aurangzeb granted Zamindari rights to
the East India Company of three villages
 1) Calcutta
 2) Sutanati
 3) Govindpur
A Collector was appointed by the East India Company
to Control the administration of the above mentioned
three villages
The Collector began regularly to hold Zamindari Court
for both Civil & Criminal cases
In 1699, the status of Calcutta raised to that of a
Presidency Town & Governor & Council were entrusted
with all necessary Administrative & Judicial Powers
The Collector became the member of Governors
Council
Customs of Country were given Priority in the
Administration of Justice
Small Cases & Revenue Matters were tried by the
Collector, & Serious Cases were tried by the Governor
& Council
JUSTICE IN REVENUE MATTERS-
The primary purpose of the administration is to
collect revenue
The District Collector was empowered to try & punish
the defaulters
Whipping was a common punishment
The Convicted Defaulter could appeal to Governor &
Council
JUSTICE IN CIVIL CASES-
The Collector was the Competent Person to
decide Civil Cases
Local customs & usages were respected, in
the proceedings
The Principle of Equity, Justice & good
conscience were also applied
The aggrieved party could apply Governor &
Council
JUSTICE IN CRIMINAL MATTERS –
The Collector was the competent person to try
criminal cases
The trials were conducted according to Moughal
Pattern
The Punishments were given according to Islam
Example- Whipping, Fines, Imprisonment, Bonded
Labor, Death Sentences
The Capital Punishment was confirmed by Governor
& Council. The death sentences were executed by
Whipping to death & not by Hanging
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Unit – I Settlement at Surat,

Madras, Bombay & Calcutta

Thus three Courts functioned in Madras

 The East India Company made its Settlement at

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