Schout
Encyclopedia
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.
) of a domain (heerlijkheid
) and acted in the lord's name in the local day-to-day administration of the domain, especially the administration of justice. A schout had three main functions: administration, law enforcement and criminal prosecution.
First, the schout was responsible for many local administrative matters in the town or heerlijkheid
. The schout presided in the meetings of the schepenen. Together, the schout and schepenen made up what we would call the "town council" today. He ensured decrees were published. He sometimes represented the town or heerlijkheid
in business matters or in negotiations with other towns. In these functions, a schout was somewhat like a modern-day mayor
.
The phrase schout en schepenen appears in many legal documents from before the Napoleonic period, including the civil registration of marriages. Depending on the context and in what capacity they were acting, this phrase could mean something like the "mayor and aldermen" (i.e. the town council) or it could mean "the sheriff and magistrates".
Second, the schout was responsible for public order and policing. He was responsible for investigating a crime
, apprehending a criminal and presenting the criminal to the court of magistrates (schepenen) for judgment. He or his men checked the drinking houses, carried out conscription
orders, made sure taxes were paid and enforced the law. After a criminal verdict was given, the schout was responsible for carrying out the sentence. In these functions, he was somewhat like a modern-day chief of police
.
Third, a schout prosecuted suspected criminals and presided over the sessions of the magistrates (schepenen) when they sat as a court. The schout was not the judge, but directed the court proceedings. In this function, he was somewhat like a modern-day prosecutor
.
. The first schout in New Amsterdam was Cornelis van Tienhoven
.
The origins of the American public prosecutor (attorney general
) have been traced to the schout in New Amsterdam
.
schout, baljuw, drost
, drossaard, amman and meier
. Perhaps the most common alternative name for this office in Dutch was baljuw. Baljuw is usually translated into English as "bailiff
".
The word schout does not translate easily into English. The office was not that different from the old office of "shire reeve" in early England. Schout is usually translated as "bailiff
" or "sheriff
". Of these two, "sheriff
" seems to be the most accepted translation. However, "sheriff
" and "bailiff
", especially as these words are used today, are not direct equivalents of the office of schout and may not necessarily serve as accurate equivalents. As a result, the Dutch word is sometimes used in English (even though schout is not actually a word in English). In Dutch, the plural of schout is schouten.
The Dutch word schout is indirectly related to the German expression Schuld heissen. German equivalents are Schult, Schulte, Schultheiss.
The office was occasionally referred to in Latin as sculetus.
Dutch language
Dutch is a West Germanic language and the native language of the majority of the population of the Netherlands, Belgium, and Suriname, the three member states of the Dutch Language Union. Most speakers live in the European Union, where it is a first language for about 23 million and a second...
-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.
Functions
The exact nature of the office varied from place to place and changed over the course of time. In general, a schout was appointed by the lord (heerHeer
Heer is German for "army". Generally, its use as "army" is not restricted to any particular country, so "das britische Heer" would mean "the British army".However, more specifically it can refer to:*An army of Germany:...
) of a domain (heerlijkheid
Heerlijkheid
A heerlijkheid was the basic administrative and judicial unit in rural areas in Dutch-speaking lands before 1800. It originated in the feudal subdivision of government authority in the Middle Ages. The closest English equivalents of the word are "seigniory" and "manor"...
) and acted in the lord's name in the local day-to-day administration of the domain, especially the administration of justice. A schout had three main functions: administration, law enforcement and criminal prosecution.
First, the schout was responsible for many local administrative matters in the town or heerlijkheid
Heerlijkheid
A heerlijkheid was the basic administrative and judicial unit in rural areas in Dutch-speaking lands before 1800. It originated in the feudal subdivision of government authority in the Middle Ages. The closest English equivalents of the word are "seigniory" and "manor"...
. The schout presided in the meetings of the schepenen. Together, the schout and schepenen made up what we would call the "town council" today. He ensured decrees were published. He sometimes represented the town or heerlijkheid
Heerlijkheid
A heerlijkheid was the basic administrative and judicial unit in rural areas in Dutch-speaking lands before 1800. It originated in the feudal subdivision of government authority in the Middle Ages. The closest English equivalents of the word are "seigniory" and "manor"...
in business matters or in negotiations with other towns. In these functions, a schout was somewhat like a modern-day mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
.
The phrase schout en schepenen appears in many legal documents from before the Napoleonic period, including the civil registration of marriages. Depending on the context and in what capacity they were acting, this phrase could mean something like the "mayor and aldermen" (i.e. the town council) or it could mean "the sheriff and magistrates".
Second, the schout was responsible for public order and policing. He was responsible for investigating a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
, apprehending a criminal and presenting the criminal to the court of magistrates (schepenen) for judgment. He or his men checked the drinking houses, carried out conscription
Conscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...
orders, made sure taxes were paid and enforced the law. After a criminal verdict was given, the schout was responsible for carrying out the sentence. In these functions, he was somewhat like a modern-day chief of police
Chief of police
A Chief of Police is the title typically given to the top official in the chain of command of a police department, particularly in North America. Alternate titles for this position include Commissioner, Superintendent, and Chief constable...
.
Third, a schout prosecuted suspected criminals and presided over the sessions of the magistrates (schepenen) when they sat as a court. The schout was not the judge, but directed the court proceedings. In this function, he was somewhat like a modern-day prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
.
New Amsterdam
The office was brought with the Dutch to the American colony of New NetherlandNew Netherland
New Netherland, or Nieuw-Nederland in Dutch, was the 17th-century colonial province of the Republic of the Seven United Netherlands on the East Coast of North America. The claimed territories were the lands from the Delmarva Peninsula to extreme southwestern Cape Cod...
. The first schout in New Amsterdam was Cornelis van Tienhoven
Cornelis van Tienhoven
Cornelis van Tienhoven was secretary of the New Netherlands from 1638 to 1656 and as such one of the most influential people in New Amsterdam....
.
The origins of the American public prosecutor (attorney general
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
) have been traced to the schout in New Amsterdam
New Amsterdam
New Amsterdam was a 17th-century Dutch colonial settlement that served as the capital of New Netherland. It later became New York City....
.
Related titles
Schout is the word usually used in Dutch, but there were a number of other terms used for this or similar offices in Dutch-speaking lands. The terms used includedschout, baljuw, drost
Drost
Seneschal of the Realm, Riksdrots , Rigsdrost , or Valtakunnandrotsi is a Danish and Swedish name of a supreme state official, with at least a connotation to administration of judiciary, who in medieval Scandinavia was often a leader in the government.The word drots/drost...
, drossaard, amman and meier
Meier
- People :* Meier, Carl A., a Swiss psychiatrist, Jungian Psychologist* Meier, Barbara, German model, most known for winning the third cycle of Germany's Next Topmodel* Meier, Bernd, German football goalkeeper* Meier, Billy, UFO contactee...
. Perhaps the most common alternative name for this office in Dutch was baljuw. Baljuw is usually translated into English as "bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
".
The word schout does not translate easily into English. The office was not that different from the old office of "shire reeve" in early England. Schout is usually translated as "bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
" or "sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
". Of these two, "sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
" seems to be the most accepted translation. However, "sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
" and "bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
", especially as these words are used today, are not direct equivalents of the office of schout and may not necessarily serve as accurate equivalents. As a result, the Dutch word is sometimes used in English (even though schout is not actually a word in English). In Dutch, the plural of schout is schouten.
The Dutch word schout is indirectly related to the German expression Schuld heissen. German equivalents are Schult, Schulte, Schultheiss.
The office was occasionally referred to in Latin as sculetus.