Emergence of the East India Company

Study Notes

The East India Company, founded in 1600 by a group of English merchants, was granted a royal charter by Queen Elizabeth I allowing them to trade with the East Indies for a period of 15 years.
The charter primarily focused on trade and did not initially grant the company authority to establish dominion over India.
A subsequent charter issued in 1609 by King James I reinforced the existing privileges and continued the East India Company's pursuit of trade and influence in India.

In 1618, the East India Company secured a treaty with the Mughal Emperor after successful negotiations by Thomas Rey, the Ambassador of James I.
The treaty granted the Company crucial privileges, which significantly impacted the legal landscape of India.
The Mughal Emperor issued a farman that granted the following rights to the English Company within the Mughal Empire:
- Internal disputes among Company servants would be settled by their own tribunals.
- The English would be allowed to follow their own religion and legal system within the Company's administration.
- Local Mughal authorities would resolve disputes where English individuals were involved.
- Mughal governors and Kazis (judges) would protect the English from oppression and injury.

Surat was a major international port during the early 17th century. It was a central point for Muslim pilgrims travelling to Arabia.
The English East India Company established a factory (trading post) in Surat.
The English preferred their own laws and courts over applying the prevailing personal and religious Islamic laws of India during that time.
The English sought protection from the Mughal Emperor, aiming to administer justice within their factory according to English law.
However, the prominence of Surat declined when the East India Company shifted its operations to Bombay in 1687.

In 1639, Francis Day, an English official for the East India Company, acquired land from the Hindu Raja of Chandragiri. This marked the establishment of the Madras settlement.
MadrasPatnam, as it was originally known, became the site of the St. George factory, built in 1640 to house English East India Company employees.
Known as the "White House," the fort stood in contrast to the "Black Town" nearby, inhabited by native Indians.
Francis Day founded Madras by creating a unified city.

First Phase (1639-1678):
- The Agent and Council at St. George were granted jurisdiction over civil and criminal cases involving English residents.
- A 1641 case involved the murder of a native Indian woman by a fellow Indian, showcasing the English courts' authority.
- A 1642 case involved a British solider murdered by a Portuguese individual, demonstrating the local Naik's insistence on applying English law.
- In 1644, an English individual caused the death of an Indian, demonstrating the English practice of transferring certain cases to local authority.
- The Choultry Court, located in MadrasPatnam, was initially administered by an Indian headman called Adigar.
- This court was eventually replaced by English judges due to accusations of bribery.
Second Phase (1678-1683):
- Streynham Master became the Governor of Madras in 1678.
- The judicial system was reorganized.
- The Choultry Court was restructured, with Indian officials replaced by English officials.
- The court's capabilities were expanded to handle civil cases with amounts up to 50 Pagodas and minor criminal cases.
- This phase included the establishment of a High Court.