New York (State) -- History -- Colonial period, ca. 1600-1775; New York (State) -- Social life and customs -- To 1775
The original Court of the colony was composed of a Director and his
Council. In 1656, in answer to complaints from the colonists, the
States-General ordered the election of a board of magistrates, in
name and function like those of the Fatherland; namely, a _schout_,
two burgomasters, and five _schepens_. The duties of the burgomasters
and _schepens_ were twofold: they regulated municipal affairs like a
board of aldermen, and they sat as a court of justice both in civil and
criminal cases. The annual salary of a burgomaster was fixed at one
hundred and forty dollars, and of a _schepen_ at one hundred dollars;
but as these salaries were to come out of the municipal chest, which
was chronically empty, they never were paid. When funds did come in
from the excise on taverns, on slaughtered cattle, the tax on land,
the fees on transfers, etc., it always had to be paid out in other
ways,--for repairs for the school-room, the _Graft_, the watch-room,
the Stadt Huys. It never entered the minds of those guileless civic
rulers, two centuries ago, to pay themselves and let the other
creditors go without. The early city _schout_ was also _schout-fiskaal_
till 1660; but the proper duties of this functionary were really
a combination of those pertaining now to the mayor, sheriff, and
district-attorney. In the little town one man could readily perform
all these duties. He also presided in Court. An offender could thus be
arrested, prosecuted, and judged, by one and the same person, which
seems to us scarcely judicious; but the bench of magistrates had one
useful power, that of mitigating and altering the sentence demanded by
the _schout_. Often a fine of one hundred guilders would be reduced to
twenty-five; often the order for whipping would be set aside, and the
command of branding as well.
Sometimes justice in New York was tempered with mercy, and sorely it
needed it when fierce English rule and law came in force. Felons were
few, but these few were severely punished. A record of a trial in 1676
reveals a curious scene in Court, as well as an astonishing celerity in
the execution of the law under English rule and in the English army.
Three soldiers stole a couple of iron pots, two hoes, a pair of shears,
and half a firkin of soap. They were tried in the morning, confessed,
cast into “the Hole” in the afternoon, and in the evening “the Governor
ordered some persons to go to the prisoners and advise them to prepare
for another world, for that one of them should dye the next day.” On
the gloomy morrow, on Saturday, the three terror-stricken souls drew
lots, and the fatal lot fell to one Thomas Weale. The court of aldermen
interceded for him and finally secured his reprieve till Monday. The
peaceful Dutch Sunday, darkened and shocked by this impending death,
saw a strange and touching sight.
Public-domain text, read in full here on John Shaqi.
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