India Under British Rule from the Foundation of the East India CompanyWheeler, James Talboys
History
India Under British Rule from the Foundation of the East India Company
Wheeler, James Talboys
India -- History -- British occupation, 1765-1947
Under such circumstances British ideas of justice gradually superseded
Mohammedan usages. Indeed it was impossible to maintain the criminal law
of the Mohammedans in courts controlled more or less by British judges.
Under Mohammedan law theft was punished by mutilation, adultery was
punished by death, or not punished at all unless four eye-witnesses
could be produced; whilst the most atrocious murderer might escape from
justice by the payment of a blood fine to the kinsmen of his victim.
Cazis and muftis might be nominally independent, but practically they
yielded to British influences; and British judges administered justice
in a patriarchal fashion, which might be condemned by trained lawyers,
but was far better suited to the condition of the masses than British
courts of law in the last century.
[Sidenote: New members of Council and barrister judges.]
§8. Whilst carrying out these reforms Warren Hastings was taken somewhat
aback by the appointment of three English gentlemen, not in the service
of the Company, to seats in the Calcutta Council. At the same time four
barrister judges, equally independent of the Company, were sent out from
England to form a Supreme Court of Judicature at Calcutta for the
administration of English law, civil and criminal. The jurisdiction of
the Supreme Court was to extend to all British subjects, and to all
Asiatics who were servants of the Company or had dealings with British
subjects. The Chief Justice was Sir Elijah Impey, who was known to
Hastings, as the two had been schoolfellows together at Westminster. The
three other barristers were puisne judges.
[Sidenote: Regulating Act of 1773.]
The three new members of Council and the four new Supreme Court judges
had been appointed, not by the East India Company, but by Parliament and
the Crown. The public mind in England had been greatly stirred by
reports of maladministration, and in 1773 a "Regulating Act" had been
passed to bring the administration of merchant rulers under some control
independent of that of the East India Company. No offence was intended
to Warren Hastings; on the contrary, he was raised by the same
"Regulating Act" to the post of Governor-General, with a controlling
power over Madras and Bombay on all questions of war and peace. He
filled the chair as President of the Council, but besides him there was
only Mr. Barwell, who belonged to the Company's service. The three
remaining members were the three strangers and outsiders--General
Clavering, Colonel Monson, and Mr. Philip Francis, the reputed author of
the _Letters of Junius_.
[Sidenote: Warren Hastings and Philip Francis.]
Public-domain text, read in full here on John Shaqi.
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