Translation
Instructions for the schout and magistrates of Willemstadt and Renselaerswyck
Provisional Instruction for the Schout and Magistrates of the city of Willemstade and Colonic Renselaerswyck.
1st. The Schout and Magistrates shall each in his quality take care that the Reformed
Christian Religion agreeably to the Synod of Dort shall be maintained, without
suffering any attempt to be made against it by any other sectaries.
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 definitively by the Magistrates of the aforesaid
Town of Willemstadt and Colonic Renselaers wyck, to the amount of and under two
hundred and forty florins, Beaver, without appeal: In case the sum be larger the
aggrieved party may appeal to the Governor-General and Council here; also all
judgments pronounced by the court of Schaneghtede and amounting to upwards of sixty
guilders, Beaver value, and as high as fl. 240, Beaver, as aforesaid, may be carried
by appeal and determined by the court at Wellemstadt.
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 city and colonic shall be citable
before said Sheriff and Schepens who shall hold their meetings and courts as often as
they shall consider requisite.
7. All criminal offences which will be committed
there shall be referred to the jurisdiction of said Schout and Schepens, with power
to pronounce judgment thereon to death inclusive, on condition that all capital
sentences be not executed until the approval thereof by the Supreme Court here be
first requested and obtained.
8. The Sheriff and Schepens shall have power to
conclude on some needful ordinances for the welfare and peace of the Inhabitants of
their district, 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.
9.
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.
10. The Sheriff and Schepens shall be also obliged to acknowledge
as their Sovereign Rulers, their High Mightinesses the Lords States-General of the
United Netherlands and his Serene Highness the Lord Prince of Orange, and to maintain
their sovereign jurisdiction, right and domain in this country.
11. The selection
of all inferior officers and servants in the employ of said Sheriff and Schepens, the
Secretary alone excepted, shall be made and confirmed by themselves.
12. 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.
13. 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.
14. 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 5th of November, 1673.
This day an Instruction is transmitted to the court of the Town of Schaneghtede in
like form, word for word as the instruction to the Schout and Magistrates on Long
Island, which is hereinbefore recorded under date first October, with this alteration
only: That those of the Town of Schaneghtede, (instead of. To the commissioned
Council,) shall be at liberty to appeal to the court of Willemstadt for the sum of
fl. 240 Beavers, and that all criminal offences shall be referred to the Schout and
Magistrates of Willemstadt aforesaid.
Mr. Cornelis Steenwyck, Captain Carel
Epestyn and Lieutenant Carel Quirynsen, commissioned on date ,[ ] last, to proceed to the Towns of Southampton, Southold and Easthampton to
encourage the inhabitants there to dutiful obedience and to have the oath of
Allegiance administered to them, returning this day Report, that said inhabitants
exhibited an utter aversion thereto, making use of gross insolence, threats &c.,
so that the Commissioners were obliged to return, their object unaccomplished.
Furthermore they have handed to the Governor a Journal in writing of the occurrences
there, whereof the principal is herein recorded.