22)
Lepisiative and Judicial Authority at this period.
The general character of the position of the
East India Company at this time, in regard to their
territories other than Bombay, was that the English
held them from the native government, and
were, strictly speaking, amenable to native laws.
They were not, however, in any way interfered
with in this respect, and maintained their right to
govern themselves and to administer their own
laws within their territories, just as if the latter
formed part of the British possessions of the
Crown. Almost all the charters obtained by the
Company from British Sovereigns conferred certain
judicial and legislative functions, to be exercised in
a manner reasonable in itself and consistent with
the statute and common law of England. In some
instances express treaty rights were obtained from
the native emperors conferring power on the English
to govern natives who resided within their
ports and settlements; but in most instances the
grant of territory, with leave to build forts and factories,
was assumed to carry with it the right to
administer justice amongst the people residing
therein of whatever nationality. The charters
granted by Charles IL in 1661 and 1683 not only
confirmed the powers previously granted, but
authorised the Governor and Council of the various
settlements of the Company to administer both
civil and criminal justice in the case of all persons