Translation
Instructions for the schout and magistrates of Brooklyn and adjoining towns on the west end of Long Island
Provisional Instruction for the Schout and Magistrates of Midwout, Amesfoort, Breuckelen, New Utrecht and Gravesend, situate on Long Island, and to the Magistrates of Bushwyck.
Art. 1. The Sheriff and Magistrates shall, each in his quality, take care that the
Reformed Christian Religion be maintained in conformity to the Synod of Dordrecht
without permitting any other sects attempting anything contrary thereto.
2. The
Sheriff shall be present, as often as possible, at all the meetings and preside over
the same; but should he act for himself as party, or in behalf of the rights of the
Lords Patroons or of Justice, he shall, in such case, rise from his seat and leave
the Bench and in that event he shall not have any advisory much less a concluding
vote, but the oldest Schepen shall, then, preside in his place.
3. All cases
relating to the Police, Security and Peace of the Inhabitants; also to Justice
between man and man, shall be finally determined by the Magistrates of each of the
aforesaid villages, to the amount of, and under, sixty florins, Beaver, without
appeal: In case the sum be larger the aggrieved party may appeal to the meeting of
the Sheriff and Councillors delegated from the villages subject to his jurisdiction,
for which purpose one person shall be annually appointed from each village who shall
assemble in the most convenient place to be selected by them, and who shall have
power to pronounce final judgment to the amount of fl. 240 Beavers and thereunder.
But in all cases exceeding that sum each one shall be entitled to an appeal to the
Governor-General and Council here.
4. In case of inequality of votes, the
minority shall submit to the majority; but those who are of a contrary opinion may
have it recorded in the minutes but not divulge it without the meeting on pain of
arbitrary correction.
5. Whenever any cases occur in the meeting in which any of
the Magistrates are interested, such Magistrate shall, in that instance, rise and
absent himself, as is hereinbefore stated, in the 2nd article, of the Sheriff.
6.
All inhabitants of the abovenamed villages shall be citable before said Sheriff and
Schepens or their delegated Councillors who shall hold their meetings and courts as
often as they shall consider requisite.
7. All criminal offences shall be
referred to the Governor-General and Council, on condition that the Sheriff be
obliged to apprehend the offenders, to seize and detain them and to convey them as
prisoners under proper safeguard to the Chief Magistrate with good and correct
informations for or against the offenders.
8. Smaller offences, such as quarrels,
abusive words, threats, fisticuffs and such like, are left to the jurisdiction of the
Magistrates of each particular village.
9. The Sheriff and Schepens shall have
power to conclude on some ordinances for the welfare and peace of the inhabitants of
their district, such as laying out highways, setting off lands and gardens and in
like manner what appertains to agriculture, observance of the Sabbath, erecting
churches, school-houses or similar public works. Item, against
fighting and wrestling and such petty offences, provided such ordinances are not
contrary but as far as is possible, conformable to the Laws of our Fatherland and the
Statutes of this Province; and, therefore, all orders of any importance shall, before
publication, be presented to the Chief Magistrate and his approval thereof
requested.
10. The said Sheriff and Schepens shall be bound strictly to observe
and cause to be observed the Placards and Ordinances which shall be enacted and
published by the supreme authority, and not suffer anything to be done against them,
but cause the transgressors therein to be proceeded against according to the tenor
thereof; and further, promptly execute such orders as the Governor-General shall send
them from time to time.
11. The Sheriff and Schepens shall be also obliged to
acknowledge as their Sovereign Rulers, their High Mightinesses the Lord
States-General of the United Netherlands and his Serene Highness the Lord Prince of
Orange, and to maintain their sovereign jurisdiction, right and domain over this
country.
12 The selection of all inferior officers and servants in the employ of
the Sheriff and of the Schepens, the Secretary alone excepted, shall be made and
confirmed by themselves.
13. The Sheriff shall, by himself or deputies execute
all the Magistrates' judgments and not discharge any one except by advice of the
Court; he shall also take good care that the places under his charge shall be
cleansed of all mobs, gamblers, whore-houses and such like impurities.
14. The
Sheriff shall receive the half of all civil fines accruing during his term of office
together with one-third part of what belongs to the respective villages from criminal
cases; but he shall neither directly nor indirectly receive any presents forbidden by
law.
15. Towards the time of election, the Sheriff and Schepens shall nominate as
Schepens a double number of the best qualified, the honestest, most intelligent and
wealthiest inhabitants, exclusively of the Reformed Christian Religion or at least
well affected thereunto, to be presented to the Governor, who shall then make his
election therefrom with continuation of some of the old ones in case his Honor may
deem it necessary.
Dated Fort Willem Hendrick, the first of October, 1673.