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In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the much smaller in case load and personnel, United States federal courts, handle different types of cases.
New York is a state in the Northeastern United States. New York was one of the original thirteen colonies that formed the United States. With an estimated 19.54 million residents in 2018, it is the fourth most populous state. In order to distinguish the state from the city with the same name, it is sometimes referred to as New York State.
The Province of New York (1664–1776) was a British proprietary colony and later royal colony on the northeast coast of North America. As one of the Thirteen Colonies, New York achieved independence and worked with the others to found the United States.
James Wilton Brooks wrote in History of the Court of common pleas of the city and county of New York (1896) that:
The Court of Common Pleas, founded in 1686, in the City of New York, extended in 1691 throughout the State, restricted again in 1846 to the City of New York, and finally, in accordance with the amended State Constitution of 1894, passing out of existence on the thirty-first of December, 1895, was the oldest judicial tribunal in the state of New York. It succeeded "The Worshipful Court of the Schout, Burgomasters and Schepens", which was established in 1653 and may thus be said to have had a continuous existence of nearly two centuries and a half.[1]
New Netherland
The Dutch West India Company established the colony of New Netherland, centered around New Amsterdam in Manhattan, in 1623. Brooks wrote that for many years no provision was made for the administration for justice in the colony. In 1623, Peter Minuit, shortly after being appointed Director-General of New Netherland, formed a council of five, which held legislative, executive, and judicial powers. A Dutch colonial official called the Schout was also attached to this body. Together the Governor, Schout, and Council were supervised by the Dutch colonial authorities at Amsterdam. These authorities carried out judicial powers from 1626 to 1637, during Minuit's six years as Director-General and during four years of the term of his successor, Wouter van Twiller.[1]
Dutch West India Company was a chartered company of Dutch merchants as well as foreign investors. Among its founders was Willem Usselincx (1567–1647). On June 3, 1621, it was granted a charter for a trade monopoly in the Dutch West Indies by the Republic of the Seven United Netherlands and given jurisdiction over Dutch participation in the Atlantic slave trade, Brazil, the Caribbean, and North America. The area where the company could operate consisted of West Africa and the Americas, which included the Pacific Ocean and the eastern part of New Guinea. The intended purpose of the charter was to eliminate competition, particularly Spanish or Portuguese, between the various trading posts established by the merchants. The company became instrumental in the largely ephemeral Dutch colonization of the Americas in the seventeenth century. From 1624 to 1654, in the context of the Dutch-Portuguese War, the WIC held Portuguese territory in northeast Brazil, but they were ousted from Dutch Brazil following fierce resistance.
New Netherland was a 17th-century colony of the Dutch Republic that was located on the east coast of America. The claimed territories extended from the Delmarva Peninsula to southwestern Cape Cod, while the more limited settled areas are now part of New York, New Jersey, Delaware, and Connecticut, with small outposts in Pennsylvania and Rhode Island.
New Amsterdam was a 17th-century Dutch settlement established at the southern tip of Manhattan Island that served as the seat of the colonial government in New Netherland. The factorij became a settlement outside Fort Amsterdam. The fort was situated on the strategic southern tip of the island of Manhattan and was meant to defend the fur trade operations of the Dutch West India Company in the North River. In 1624, it became a provincial extension of the Dutch Republic and was designated as the capital of the province in 1625.
Although records were kept, no records have survived detailing judicial proceedings under the Council. The Schout Fiscal was a combination of prosecutor, sheriff, chief of police, constable, and warden with the duty to "under the orders of the Governor's Council to arrest and arraign on behalf of the Company all persons accused of crime, to superintend the trial, and see to the proper carrying out of the sentence." Despite this concentration of powers, however, some rights of the accused were observed, including the consideration of evidence for the prisoner and a speedy trial. The Schout was also required to "keep a strict account of all information taken by him and of all criminal trials, and regularly transmit reports to the Company's main offices in Holland." The Schout also has executive power to enforce the laws and rules of the States-General of the Netherlands.[1]
A prosecutor is a legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the government in the case brought against the accused person.
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England, where the office originated. There is an analogous although independently developed office in Iceland that is commonly translated to English as sheriff, and this is discussed below.
A chief of police is the title given to an appointed official or an elected one in the chain of command of a police department, particularly in North America. A chief of police may also be known as a police chief or sometimes just a chief, while some countries favour other titles such as commissioner or chief constable. A police chief is appointed by and answerable to a national or local government, with the main exception being elected sheriffs in the United States.
Patroon courts were first established in 1630. Patroons (from the Dutch for owner or head of a company) were landholders with manorial rights to large tracts of land in New Netherland in North America along the Hudson River. Through the Charter of Freedoms and Exemptions of 1629, the Dutch West India Company first started to grant this title and land to some of its invested members. These inducements to foster immigration were known as the "Rights and Exemptions," more commonly known as the patroon system. patroon acted as feudallords, with the power to create civil and criminal courts, appoint local officials and hold land in perpetuity, and in return was commissioned by the Dutch West India Company to establish a settlement of at least 50 families within four years on the land. The patroon exercised within his authority "unlimited civil and criminal jurisdiction...even the power of life and death," subject to an appeal to the Governor.[1]
In the United States, a patroon was a landholder with manorial rights to large tracts of land in the 17th century Dutch colony of New Netherland on the east coast of North America. Through the Charter of Freedoms and Exemptions of 1629, the Dutch West India Company first started to grant this title and land to some of its invested members. These inducements to foster colonization and settlement are the basis for the patroon system. In 1775, at the outbreak of the American Revolution, primogeniture and feudal tenure were abolished and thus patroons and manors evolved into simply large estates subject to division and leases.
Dutch(Nederlands) is a West Germanic language spoken by around 23 million people as a first language and 5 million people as a second language, constituting the majority of people in the Netherlands and Belgium. It is the third most widely spoken Germanic language, after its close relatives English and German.
Manorialism was an essential element of feudal society. It was the organizing principle of rural economy that originated in the Roman villa system of the Late Roman Empire, and was widely practiced in medieval western and parts of central Europe as well as China. It was slowly replaced by the advent of a money-based market economy and new forms of agrarian contract.
When Peter Stuyvesant became governor in 1647, he immediately established a Court of Justice with the broad jurisdiction to decide "all cases whatsoever," with the directive to refer cases of any importance to the governor for approval. Brooks wrote that this scheme produced "popular discount," resulting in a "wrangle between the governor and the colonies, which brought about a number of trips to Holland, covered a number of years and abounded in dramatic incidents."[1]
Peter Stuyvesant ; in Dutch also Pieter and Petrus Stuyvesant); (1610–1672) served as the last Dutch director-general of the colony of New Netherland from 1647 until it was ceded provisionally to the English in 1664, after which it was renamed New York. He was a major figure in the early history of New York City and his name has been given to various landmarks and points of interest throughout the city.
Jurisdiction is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels; e.g. the court has jurisdiction to apply federal law.
This led to the formation in 1653, of The Worshipful Court of the Schout, Burgomasters and Schepens. This tribunal consisted of the Schout, four Burgomasters, and nine Schepens. Like the Schout, the position of the Burgomaster and Schepen came from the Netherlands. The Burgomasters were administrators who rotated three-month terms "to attend at City Hall for the dispatch of public business." Schepens (aldermen) were judicial officers with jurisdiction over civil and criminal matters. Together, the three orders of officers formed a college and enacted laws and ordinances for the city, analogous to the General Court of the Massachusetts Bay Colony. The body, collectively known as the Lords of the Court of the City of New Amsterdam, was headed either by a chosen president or the senior Burgomaster.[1]
In Dutch-speaking areas, a schout was a local official appointed to carry out administrative, law enforcement and prosecutorial tasks. The office was abolished with the introduction of administrative reforms during the Napoleonic period.
Burgomaster is the English form of various terms in or derived from Germanic languages for the chief magistrate or executive of a city or town. The name in English was derived from the Dutch burgemeester. In some cases, Burgomaster was the title of the head of state and head of government of a sovereign city-state, sometimes combined with other titles, such as Hamburg's First Mayor and President of the Senate). Contemporary titles are commonly translated into English as mayor.
A schepen or échevin (French) is a municipal officer in Belgium and formerly the Netherlands. It has been replaced by the wethouder in the Netherlands. In modern Belgium, the schepen or échevin is part of the municipal executive. Depending on the context, it may be roughly translated as an alderman, councillor, or magistrate.
The court was held at least every two weeks and often every week; the parties before the court stated the case and the judges rendered a decision based on the facts or arbitrators were appointed to review the case and proposed a compromise between the parties. Appeals to the court from the arbitrators' decisions were rare. In the case of a difference in how parties stated the facts, witnesses were called and affidavits presented or depositions taken.[1]
Province of New York
In 1664 the colony became part of British North America as the Province of New York, and New Amsterdam was named New York. The Court of Common Pleas was established in New York City in 1686 under the Dongan Charter, the early municipal Charter of the City of New York, granted by Governor Thomas Dongan on July 22, 1686. The Charter provided that the Mayor, Recorder, and Alderman, or any three of them given that either the Recorder or Mayor was one, were authorized to hold the Court of Common Pleas (Mayor's Court), which was presided over by the Mayor and Recorder alternately. An Act of 1691 created a Court of Common Pleas in each of New York's counties, which at the time numbered 12.[1]
Judges and clerks were appointed by the governor of New York and held office at his pleasure or during good behavior. The court's jurisdiction extended to all actions in which the amount in controversy exceeded five English pounds. After 1691, appeals to the decisions of the court went to the Supreme Court of the Province of New York, which heard appeals in which the amount involved exceeded 20 pounds. Brooks wrote that the Court of Common Pleas was often known under the original Dutch title, even as late as 1821, and was called the Mayors' Court, with its criminal branch known as the New York Court of General Sessions.[1]
When Maturin Livingston was Recorder of New York City, Mayor DeWitt Clinton ceased to preside in the Mayor's Court, and from that time on the Recorder sat as presiding judge. By 1821, the mayor had ceased to preside completely as the docket had increased substantially in size. John Anthon, a prominent lawyer, wrote an act to change the name to the Court of Common Pleas of the City of New York, and to create the position of First Judge. The New York Legislature passed the bill. Although the Mayor, Recorder, and Aldermen still had the power to preside over the Court of Common Pleas, the First Judge was given special responsibility for the court and had the power to hold court himself without the Recorder or Mayor. John T. Irving was appointed First Judge. In 1834, an Associate Judge was provided, with all the powers of the First Judge. Michael Ulshoffer was appointed to the post. In 1839, a third judge was provided for due to an increase in the court's workload; William Inglis was appointed as Associate Judge.[1]
Charles Patrick Daly served as a judge of the New York Court of Common Pleas 1844–1857, as First Judge 1857-1871, and as Chief Justice 1871-1885.
The Court of Common Pleas for the City of New York was abolished in 1895.[1]
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Related Research Articles
Peter Minuit, Pieter Minuit, Pierre Minuit, or Peter Minnewit was a Walloon from Wesel, in present-day North Rhine-Westphalia, Germany, then part of the Duchy of Cleves. His surname means "midnight" in French. He was the 3rd Director of the Dutch North American colony of New Netherland from 1626 until 1631, and 3rd Governor of New Netherland. He founded the Swedish colony of New Sweden on the Delaware Peninsula in 1638.
The Council of Twelve Men was a group of 12 men, chosen on 29 August 1641 by the residents of New Netherland to advise the Director of New Netherland, Willem Kieft, on relations with the Native Americans due to the murder of Claes Swits. Although the council was not permanent, it was the first representational form of democracy in the Dutch colony. The next two councils created were known as the Eight Men and the Nine Men
A Recorder is a judicial officer in England and Wales and some other common law jurisdictions.
The Manor of Rensselaerswyck, Manor Rensselaerswyck, Van Rensselaer Manor, or just simply Rensselaerswyck, was the name of a colonial estate—specifically, a Dutch patroonship and later an English manor—owned by the van Rensselaer family that was located in what is now mainly the Capital District of New York in the United States.
Jeremias van Rensselaer was the third son of Kiliaen van Rensselaer, one of the founders and directors of the Dutch West India Company who was instrumental in the establishment of New Netherland and was created the first patroon of the Manor of Rensselaerswyck. Jeremias van Rensselaer was the acting patroon of the Manor of Rensselaerswyck, and the first of his family to establish himself permanently in America.
Adriaen Cornelissen van der Donck was a lawyer and landowner in New Netherland after whose honorific Jonkheer the city of Yonkers, New York is named. In addition to being the first lawyer in the Dutch colony, he was a leader in the political life of New Amsterdam, and an activist for Dutch-style republican government in the Dutch West India Company-run trading post.
The council of Eight Men was an early representational democracy in New Netherland. It replaced the previous Twelve Men and was followed by the Nine Men.
The Recorder of London is an ancient legal office in the City of London. The Recorder of London is appointed by the Crown on the recommendation of the City of London Corporation with the concurrence of the Lord Chancellor. The Recorder is the senior Circuit Judge at the Central Criminal Court, hearing trials of criminal offences. The Recorder's deputy is the Common Serjeant of London, appointed by the Crown on the recommendation of the Lord Chancellor. The current Recorder of London is Nicholas Hilliard QC.
The Judiciary of New York is the judicial branch of the Government of New York, comprising all the courts of the State of New York
Johan van Rensselaer also Johannes van Rensselaer, second patroon of the Manor of Rensselaerswyck, was the eldest son of Kiliaen van Rensselaer, and his only son by his first wife, Hillegonda van Bylaer.
The Recorder of New York City was a municipal officer of New York City from 1683 until 1907. He was at times a judge of the Court of General Sessions, of the Court of Special Sessions, and the New York Court of Common Pleas; Vice-President of the Board of Supervisors of New York County; Vice-President of the Board of Aldermen of New York City; Deputy Mayor of New York City; a director of the Bank of the Manhattan Company; a commissioner of the city's Sinking fund; a commissioner of the Metropolitan Police Board; and sat on the boards of a large number of charitable organizations. The Recorder was not a recorder of deeds, these were kept by the Register of New York City.
Joannes Nevius or Joannes Neef was the third secretary of New Amsterdam under the Director-General of New Netherland. He became the first secretary of New York City under the English.
The New Amsterdam judicial system was initially developed privately by the Dutch East India Company, and gradually brought into closer conformity with Dutch law of the period.
The council of Nine Men was a citizens board and a form of representational democracy in New Netherland. It replaced the previous councils, the Twelve Men and the Eight Men. Members of the council were elected in 1647, 1649, 1650 and 1652. On July 26, 1649, eleven current and former members of the board signed the Petition of the Commonality of New Netherland, which requested that the States General take action to encourage economic freedom and force local government like that in the Netherlands, removing the colony from the control of the Dutch West India Company. It became the basis for the municipal government when the city of New Amsterdam received its charter in 1653.
Roelof Swartwout who was a landowner, schout/magistrate, early settler of New Netherland, and the founder of Kingston, New York and Hurley, New York.
Wilhelmus Hendricksen Beekman — also known as William Beekman and Willem Beekman — was a Dutch immigrant to America who came to New Amsterdam from the Netherlands in the same vessel with Director-General and later Governor Peter Stuyvesant.
Magistrate judge, in U.S. state courts, is a title used for various kinds of judges, typically holding a low level of office with powers and responsibilities more limited than state court judges of general jurisdiction.
