Edmund Bailey O'Callaghan

“ In 1656, the jurisdiction of the Court of New Amsterdam was so far enlarged as to authorize it to pass sentence of branding and whipping, with power to execute the same if confirmed after appeal. But as a general rule, the jurisdiction of each Inferior Court was confined, in criminal matters, to "Acts, Threats, Fighting or Wounding, Brawls, Slanders, Scolding, Simple drawing of a Knife or Sword," with the right of appeal reserved, in most cases, to the accused. Cases of crime of a higher degree were always referred for trial to the Director and Council. ”

“ For it was decreed, that all tribunals in the Province of Holland and Westfriesland, should do justice according to the laws and ordinances of the land, and also according to the privileges and old established customs and usages, and in failure of these, according to the Written Law, by which was always understood the Roman Law.
The Feudal law was introduced into the Low Countries as early as the twelfth century, and thence transferred to New Netherland, where divers Colonies or Manors were granted to certain persons called Patroons. ”

“ The States General of the United Netherlands incorporated, in the year 1621, a company, called the West India Company, to which it granted, among other powers, the right to establish Colonies in such parts of America as were not already occupied by other European nations. ”

“ But as in New Netherland there was no Synod, the supervision of the church in this country was entrusted to the Assembly, or Classis of Amsterdam, by whom the Dutch Clergymen were approved and ordained, at the request, or with the consent, of the Chamber of the West India Company at Amsterdam. ”

“ The regulation of the internal affairs of the Towns was conferred on the Court of each locality. The magistrates of Hempstead and Gravesend could, with the consent of the free inhabitants, "make and establish such civil Ordinances amongst themselves," as the major part of the said inhabitants should think fitting, for the preservation of the public quiet and peace of these places. ”

“ Those Fiefs were hereditary and indivisible, but Patroons in New Netherland had the right to dispose thereof by will. They claimed also High as well as Low Jurisdiction, and in the earlier years the Colonie of Rensselaerswyck had its own executioner, but the right of the Patroon to exercise High Jurisdiction was subsequently denied and rejected. The Colonie of New Amstel, however, did possess and exercise the right to inflict Capital punishment. ”