New Amsterdam judicial system

The inhabitants of the small trading community of Manhattan Island as well as the members of the crew of the ships that came to the area, were subject to the rule of their captains.

[9] In response to the killing of a Dutch farmer by an Indian in 1641, director Kieft called a meeting with all heads of the families of Manhattan Island.

[11] In early 1645, Peter Stuyvesant was appointed as director of New Amsterdam, and he was instructed to introduce a new form of government.

However, due to internal conflicts in the WIC, Stuyvesant and vice-director Lubbert van Dincklagen arrived in New Amsterdam in 1647.

In the latter function, the fiscaal acted as a public prosecutor, and the highest military official at hand took his position in the Council.

The Council in the judicial formation was to be supplemented in criminal cases by two burghers (A religious group) from the place where the crime was committed.

[11] In addition to these reforms, Stuyvesant created a “Body of Nine Men”, consisting of three farmers, three burghers, and three tradesmen, which provided panels of three judges for civil cases to supplement the judicial formation of the director and the council.

[12] On 4 April 1652, the States-General ordered several reforms, and as a result, a new Court of Magistrates for the city of New Amsterdam was set up in 1653.

Consistent with the judicial tradition in the 17th century Republic of the United Provinces, there were no jury trials and the use of arbitration to resolve disputes was widespread.

[19] This meant that in New Amsterdam, which was renamed New York City, and Albany, there was a transition period in which the old Dutch rules and customs were respected.

The Duke’s laws introduced an English centralized system of government and adjudication, as opposed to the Dutch decentralized structure.

Although the Dutch burgomaster and other officials objected against the reforms because they considered them to violate the Articles of Capitulation, the actual structure of the New York City government and judiciary did not change much.

The roles of schout, burgomaster and schepenen were essentially maintained, but under different names: sheriff, mayor, and aldermen, respectively.