Archieven van de Schout en Schepenen, van de Schepenen en van de Subalterne Rechtbanken
Item
Country
NL
Name of institution (English)
Amsterdam City Archives
Name of institution (official language of the state)
Language of name of institution
dut
Contact information: postal address
Vijzelstraat 32, 1017 HL Amsterdam
Contact information: phone number
0031 202511511
Contact information: web address
Contact information: email
stadarchief@amsterdam.nl
Reference number
5061
Type of reference number
Archival reference number
Title (English)
Archives of the Rear Admiral, the Aldermen and the Subaltern Courts
Title (official language of the state)
Archieven van de Schout en Schepenen, van de Schepenen en van de Subalterne Rechtbanken
Language of title
dut
Creator / accumulator
De Schout (The Sheriff)
Hoofd Provoost of the Aalmoesseniers-Weeshuis (Head of the Aalmoesseniers Orphanage)
Baljuw van de Zeezaken of het Waterrecht (Bailiff of the Sea Affairs or Water Law)
Substituut-Schout van de Plantaadje, of Plantage (Deputy Sheriff of the Plantaadje or Plantage)
De Schepenen (The Aldermen)
Bank van Huwelijkse Zaken en Injurien (Court of Marriage Affairs and Injuries)
Bank van Assurantien en Avarijen (Court of Assurances and Guarantees)
Bank van Kleine Zaken (Court of Small Business)
Bank van Zeezaken (Court of Sea Affairs)
Date(s)
1524/1811
Language(s)
dut
Extent
213 linear meters
Type of material
Textual Material
Physical condition
Good
Scope and content
The Archieven van de Schout en Schepenen, van de Schepenen en van de Subalterne Rechtbanken comprises documentation of judicial nature and related matters. The fonds is divided into eight sub-fonds: four concerning the activity of a given institution specifically, two related to different types of cases (civil and criminal affairs), and two containing diverse documentation. The fonds includes judicial processes but also information about a broad range of topics, such as heritage and property disputes, sea, navigation, commercial affairs, enquiries, inventories, etc.
Given the importance of the Sephardim in Amsterdam, most collections hold documentation with information of interest about this community, especially regarding legal and inheritance matters.
Particularly interesting are the Justitieboeken (justice books) and the Confessieboeken (confession books) series of the Straf Zaken (Criminal affairs) sub-fonds. They contain interrogations of Portuguese Jews before the Schout (Sheriff) and the Schepenen (the Aldermen), part of them resulting from accusations of violation of specific laws applied to Jewish populations, and others related to more generic criminal affairs. Some examples are the following:
Confessieboeken, no. 292, fol. 132: David Bravo, a 23-year-old Portuguese Jew, was accused of having sexual intercourse with a Christian woman. In 1616, he was subjected to torture in order to confess, having been hoisted up with a weight of 200 pounds hanging from his feet and let down again. See Koen (1970), 34.
Justitieboeken, 570, fol. 80v: interrogation of Jacques (Jacomo) Franco, alias Jacques Fernandes, from Lisbon, in 1619. He was accused of marrying a Christian woman, Anna Jansz, in a Protestant church, and later embracing Judaism. He had circumcised his sons and buried a daughter in the Jewish cemetery at Ouderkerk. See Koen (1970), 34.
Confessieboeken, no. 310, fol. 162v: confession of Gabriel Álvares, who declared that he had abandoned his wife, Hester Álvares, in Livorno. They had married in Tunis. April 2, 1655. See Bernfeld (2011), 181.
Some of these confession books also contain interesting information regarding Jewish women's criminality. Two examples are Sara Abiatar, accused of murdering her children in 1736 (Confessieboeken, no. 393; also in Cipierrekeningen der onvermogende gevangenen, no. 631), and Leonarda Nunes, indicted for kidnapping a young Christian child called Gana and taking her from Spain to Amsterdam to convert her to Judaism (Confessieboeken, no. 311, fol. 156v). See Bernfeld (2011), 183; (2012), 23.
More information on the Jewish community of Amsterdam can be found in other sub-fonds of this collection, such as the Bank van Huwelijkse Zaken en Injurien (Court of Marriage Affairs and Injuries). This sub-fonds includes precious information on legal affairs involving Jewish couples. For instance, Huwelijks krakeel, nº 3065 (1652-1657) contains documents related to an affair about Rebecca Naar's marriage to Jacob Abas. On May 13, 1656, her guardians presented a protest to the Commissarissen van de Huwelijkse Zaken (Commissioners of Marriage Affairs), opposing her intention to marry. See Hagoort (1998), 167.
Given the importance of the Sephardim in Amsterdam, most collections hold documentation with information of interest about this community, especially regarding legal and inheritance matters.
Particularly interesting are the Justitieboeken (justice books) and the Confessieboeken (confession books) series of the Straf Zaken (Criminal affairs) sub-fonds. They contain interrogations of Portuguese Jews before the Schout (Sheriff) and the Schepenen (the Aldermen), part of them resulting from accusations of violation of specific laws applied to Jewish populations, and others related to more generic criminal affairs. Some examples are the following:
Confessieboeken, no. 292, fol. 132: David Bravo, a 23-year-old Portuguese Jew, was accused of having sexual intercourse with a Christian woman. In 1616, he was subjected to torture in order to confess, having been hoisted up with a weight of 200 pounds hanging from his feet and let down again. See Koen (1970), 34.
Justitieboeken, 570, fol. 80v: interrogation of Jacques (Jacomo) Franco, alias Jacques Fernandes, from Lisbon, in 1619. He was accused of marrying a Christian woman, Anna Jansz, in a Protestant church, and later embracing Judaism. He had circumcised his sons and buried a daughter in the Jewish cemetery at Ouderkerk. See Koen (1970), 34.
Confessieboeken, no. 310, fol. 162v: confession of Gabriel Álvares, who declared that he had abandoned his wife, Hester Álvares, in Livorno. They had married in Tunis. April 2, 1655. See Bernfeld (2011), 181.
Some of these confession books also contain interesting information regarding Jewish women's criminality. Two examples are Sara Abiatar, accused of murdering her children in 1736 (Confessieboeken, no. 393; also in Cipierrekeningen der onvermogende gevangenen, no. 631), and Leonarda Nunes, indicted for kidnapping a young Christian child called Gana and taking her from Spain to Amsterdam to convert her to Judaism (Confessieboeken, no. 311, fol. 156v). See Bernfeld (2011), 183; (2012), 23.
More information on the Jewish community of Amsterdam can be found in other sub-fonds of this collection, such as the Bank van Huwelijkse Zaken en Injurien (Court of Marriage Affairs and Injuries). This sub-fonds includes precious information on legal affairs involving Jewish couples. For instance, Huwelijks krakeel, nº 3065 (1652-1657) contains documents related to an affair about Rebecca Naar's marriage to Jacob Abas. On May 13, 1656, her guardians presented a protest to the Commissarissen van de Huwelijkse Zaken (Commissioners of Marriage Affairs), opposing her intention to marry. See Hagoort (1998), 167.
Archival history
Some of the documents comprised in the Archieven van de Schout en Schepenen, van de Schepenen en van de Subalterne Rechtbanken were part of the original collection of the Amsterdam City Archives.
The history of the Amsterdam City Archives dates back to the 19th century. On April 7, 1848, Pieter Scheltema (1812-1885) was appointed archivist of the city of Amsterdam. At the time of his appointment, Scheltema had already been occupied for a number of years with the organisation and description of the Amsterdam archives. Under his care were the documents produced until 1795. Over the years, the archives under Scheltema's management grew, especially with the incorporation of the documentation produced by the Wisselbank (1863) and with the transfer of some Gildearchieven (guild archives). Moreover, Scheltema bought as many stray documents as possible and went to great lengths to acquire private archives through donations or loans. The management of the municipal archives had meanwhile been extended. Then, the archivist became responsible for managing documentation produced before 1812.
As a result of the increase in its collection, the Amsterdam archive was lacking space. Therefore, collections and items were disposed of throughout the second half of the 19th century. For example, books that were duplicated or not specifically related to the history of Amsterdam were donated to the City Library and later to the University Library. The last collection that was disposed of was the city's collection of “stedelijke historiepenningen” (urban history tokens) and “noodmunten” (coins) that went to the Stedelijk Museum in 1909.
On March 21, 1888, it was decided to make the former St. Anthoniswaag on the Nieuwmarkt, also known as the Waag, the headquarters of the Oudarchief der gemeente (old archives of the municipality). Then, the documentation produced before 1812 was moved to the Waag. Later records were left in the attics of the Town Hall. The municipal archivist had to divide his attention between these two archives.
Soon, the Waag proved to be too small and to have numerous technical flaws: it was damp and smelled because the walls of the building were used as a public urinal. In 1900, an internal renovation was necessary to accommodate the transferred archives of the hospital and orphanages. When the archives of the Hoofd Provoost of the Aalmoesseniers-Weeshuis were transferred in 1901, the archive repository was full.
On April 28, 1909, the City Council of Amsterdam accepted the proposal to use the former Town Hall of Nieuwer-Amstel on Amsteldijk as an archive building. The construction of a new archive depot and the renovation of the Town Hall were completed in 1912. The transfer of documentation lasted until August 1914. The extra space obtained by the move was already largely filled in 1915 with the incorporation of the notarial archives.
The entry into force of the 1918 Archives Act on September 16, 1919, had far-reaching consequences for the City Archives. Management was entrusted to the municipal archivist, who became the head of a separate municipal service. In effect, in the council meeting of November 5, 1919, the Amsterdam municipal archivist was reappointed, and a new ordinance on the archive was established.
The new building of the Amsterdam City Archives had to contend with a lack of space from the start. On September 26, 1926, the City Council accepted a plan to expand the building. However, when municipal archivist Joh. C. Breen died unexpectedly in early 1927, it was decided to postpone the plan until the appointment of a new archivist. The successor was A. le Cosquino de Bussy, who rejected the plan.
In the course of the 1930s, damages caused by the excessive load of both archives became apparent. Also, the fire protection of the building on Herenmarkt did not meet the minimum requirements. On February 16, 1938, the City Council approved a new plan for expanding the archive, this time including the two adjacent schools. Before the construction started, World War II broke out, and the plans were shelved. Extensive documentation was then dispersed in multiple buildings for safekeeping and security reasons.
When a new municipal archivist, W. F. H. Oldewelt, took office in 1950, the city archives were spread over four locations: the documents up to 1827 were in the old archive at Amsteldijk 67; documents from 1827 to 1928 were in a new archive divided between a building in Herenmarkt 10-12 and the Centrale Markthallen (Central Market); and 1928-1946 items were located in the Bank van Lening in Oudezijds Voorburgwal 300.
Oldewelt called in the provincial inspector in North Holland who, after a visit to these locations in December 1950, wrote a report warning about the poor condition of the Amsterdam archives. An ad hoc committee advised the implementation of short-term measures to prevent the loss of documentation and a definitive solution for housing the archive in the longer term. In the final report of June 3, 1953 (adopted by the City Council on 8 July), the committee advocated for the construction of a new archive on the Amsteldijk. In spite of the City Council's approbation of the plan for a new building on the Amsteldijk in 1955, other priorities emerged, and the plan was postponed. Finally, the construction was approved in December 1960, which lasted until 1985.
Since the summer of 2007, the City Archives have been located in the monumental building De Bazel, in the heart of Amsterdam.
The history of the Amsterdam City Archives dates back to the 19th century. On April 7, 1848, Pieter Scheltema (1812-1885) was appointed archivist of the city of Amsterdam. At the time of his appointment, Scheltema had already been occupied for a number of years with the organisation and description of the Amsterdam archives. Under his care were the documents produced until 1795. Over the years, the archives under Scheltema's management grew, especially with the incorporation of the documentation produced by the Wisselbank (1863) and with the transfer of some Gildearchieven (guild archives). Moreover, Scheltema bought as many stray documents as possible and went to great lengths to acquire private archives through donations or loans. The management of the municipal archives had meanwhile been extended. Then, the archivist became responsible for managing documentation produced before 1812.
As a result of the increase in its collection, the Amsterdam archive was lacking space. Therefore, collections and items were disposed of throughout the second half of the 19th century. For example, books that were duplicated or not specifically related to the history of Amsterdam were donated to the City Library and later to the University Library. The last collection that was disposed of was the city's collection of “stedelijke historiepenningen” (urban history tokens) and “noodmunten” (coins) that went to the Stedelijk Museum in 1909.
On March 21, 1888, it was decided to make the former St. Anthoniswaag on the Nieuwmarkt, also known as the Waag, the headquarters of the Oudarchief der gemeente (old archives of the municipality). Then, the documentation produced before 1812 was moved to the Waag. Later records were left in the attics of the Town Hall. The municipal archivist had to divide his attention between these two archives.
Soon, the Waag proved to be too small and to have numerous technical flaws: it was damp and smelled because the walls of the building were used as a public urinal. In 1900, an internal renovation was necessary to accommodate the transferred archives of the hospital and orphanages. When the archives of the Hoofd Provoost of the Aalmoesseniers-Weeshuis were transferred in 1901, the archive repository was full.
On April 28, 1909, the City Council of Amsterdam accepted the proposal to use the former Town Hall of Nieuwer-Amstel on Amsteldijk as an archive building. The construction of a new archive depot and the renovation of the Town Hall were completed in 1912. The transfer of documentation lasted until August 1914. The extra space obtained by the move was already largely filled in 1915 with the incorporation of the notarial archives.
The entry into force of the 1918 Archives Act on September 16, 1919, had far-reaching consequences for the City Archives. Management was entrusted to the municipal archivist, who became the head of a separate municipal service. In effect, in the council meeting of November 5, 1919, the Amsterdam municipal archivist was reappointed, and a new ordinance on the archive was established.
The new building of the Amsterdam City Archives had to contend with a lack of space from the start. On September 26, 1926, the City Council accepted a plan to expand the building. However, when municipal archivist Joh. C. Breen died unexpectedly in early 1927, it was decided to postpone the plan until the appointment of a new archivist. The successor was A. le Cosquino de Bussy, who rejected the plan.
In the course of the 1930s, damages caused by the excessive load of both archives became apparent. Also, the fire protection of the building on Herenmarkt did not meet the minimum requirements. On February 16, 1938, the City Council approved a new plan for expanding the archive, this time including the two adjacent schools. Before the construction started, World War II broke out, and the plans were shelved. Extensive documentation was then dispersed in multiple buildings for safekeeping and security reasons.
When a new municipal archivist, W. F. H. Oldewelt, took office in 1950, the city archives were spread over four locations: the documents up to 1827 were in the old archive at Amsteldijk 67; documents from 1827 to 1928 were in a new archive divided between a building in Herenmarkt 10-12 and the Centrale Markthallen (Central Market); and 1928-1946 items were located in the Bank van Lening in Oudezijds Voorburgwal 300.
Oldewelt called in the provincial inspector in North Holland who, after a visit to these locations in December 1950, wrote a report warning about the poor condition of the Amsterdam archives. An ad hoc committee advised the implementation of short-term measures to prevent the loss of documentation and a definitive solution for housing the archive in the longer term. In the final report of June 3, 1953 (adopted by the City Council on 8 July), the committee advocated for the construction of a new archive on the Amsteldijk. In spite of the City Council's approbation of the plan for a new building on the Amsteldijk in 1955, other priorities emerged, and the plan was postponed. Finally, the construction was approved in December 1960, which lasted until 1985.
Since the summer of 2007, the City Archives have been located in the monumental building De Bazel, in the heart of Amsterdam.
Administrative / Biographical history
This fonds aggregates documentation from different courts and institutions that handled judicial matters.
De Schout (The Sheriff)
Traditionally, the Schout, also known as Hoofdofficier (chief officer), was the highest-ranking official who claimed justice and enforced the law, firstly in the name of the counts and later on behalf of the States of Holland and West Friesland. The office of Schout was formerly pledged to individuals who could earn back their investment by imposing fines and collecting taxes.
In 1534, a Substituut-schout (deputy sheriff) was appointed for the first time. In the 18th century, they were five, each with its own jurisdiction. Among them, there were:
- The Hoofd Provoost of the Aalmoesseniers-Weeshuis (Head of the Almoesseniers Orphanage), who was authorised to receive beggars and place them in the new Werkhuis (Workhouse);
- The Baljuw van de Zeezaken of het Waterrecht (Bailiff of the Sea Affairs or Water Law), who was responsible for enforcing the application of the law in the court and auctioning ships;
- The Substituut-Schout van de Plantaadje, of Plantage (Deputy Sheriff of the Plantaadje, or Plantage), who had to regulate all disturbances in the Plantage neighbourhood and along the Kadijk and the Weesperveld (area of Amsterdam city). He had twelve officers under his responsibility.
De Schepenen (The Aldermen)
The first Aldermen were probably appointed around 1270. In 1449, Count Philip of Burgundy authorised the Vroedschap to nominate 14 people each year, from which seven aldermen were chosen. In 1560, this number was increased to 18 nominees and nine aldermen. In 1581, the number of nominees became again 14, and it was decided to appoint two presidents annually among the seven resigning aldermen. The Aldermen were responsible for pronouncing law on all kinds of criminal and civil cases that occurred within the city and its jurisdiction and were brought before them. Furthermore, they had the duty to ensure that their judgments and those of the subordinate Law Courts were executed.
De Subalterne Rechtbanken (Subaltern Courts)
The Bank van Huwelijkse Zaken en Injurien (Court of Marriage Affairs and Injuries) was established in 1578, after the Synod of Dordrecht in 1574 decided that all marriages had to be registered. Before this decree, marriage was a church affair exclusively. Couples were able to get married on Thursdays and Fridays. Grooms under 25 and brides under 20 had to obtain permission from parents or guardians. In order to relieve the Commissarissen van Huwelijkse Zaken (Commissioners of Small Affairs), in 1679, the Commissioners of Marriage Affairs were also responsible for civil disputes concerning threats and injuries that did not exceed 600 guilders.
The Bank van Assurantien en Avarijen (Court of Assurances and Guarantees) handled all disputes relating to insurances on cargoes and ships. The court was founded in 1598. Before that, these cases were handled before the Court of the Aldermen.
The Bank van Kleine Zaken (Court of Small Affairs) was founded in 1611. Initially, it had jurisdiction over affairs involving amounts up to 40 guilders. Later, this amount was constantly increased, until it was 600 guilders in 1650, with the exception of criminal cases. This court also handled all matters that could not be assigned to another court.
The Bank van Zeezaken (Court of Sea Affairs) was founded in 1641. This court handled all matters between merchants and skippers, skippers and boatmen, merchants and pilots, pilots and skippers, skippers and shipowners, and involving shippers, and shipowners, if not concerning matters of the Bank van Assurantien en Avarijen.
De Schout (The Sheriff)
Traditionally, the Schout, also known as Hoofdofficier (chief officer), was the highest-ranking official who claimed justice and enforced the law, firstly in the name of the counts and later on behalf of the States of Holland and West Friesland. The office of Schout was formerly pledged to individuals who could earn back their investment by imposing fines and collecting taxes.
In 1534, a Substituut-schout (deputy sheriff) was appointed for the first time. In the 18th century, they were five, each with its own jurisdiction. Among them, there were:
- The Hoofd Provoost of the Aalmoesseniers-Weeshuis (Head of the Almoesseniers Orphanage), who was authorised to receive beggars and place them in the new Werkhuis (Workhouse);
- The Baljuw van de Zeezaken of het Waterrecht (Bailiff of the Sea Affairs or Water Law), who was responsible for enforcing the application of the law in the court and auctioning ships;
- The Substituut-Schout van de Plantaadje, of Plantage (Deputy Sheriff of the Plantaadje, or Plantage), who had to regulate all disturbances in the Plantage neighbourhood and along the Kadijk and the Weesperveld (area of Amsterdam city). He had twelve officers under his responsibility.
De Schepenen (The Aldermen)
The first Aldermen were probably appointed around 1270. In 1449, Count Philip of Burgundy authorised the Vroedschap to nominate 14 people each year, from which seven aldermen were chosen. In 1560, this number was increased to 18 nominees and nine aldermen. In 1581, the number of nominees became again 14, and it was decided to appoint two presidents annually among the seven resigning aldermen. The Aldermen were responsible for pronouncing law on all kinds of criminal and civil cases that occurred within the city and its jurisdiction and were brought before them. Furthermore, they had the duty to ensure that their judgments and those of the subordinate Law Courts were executed.
De Subalterne Rechtbanken (Subaltern Courts)
The Bank van Huwelijkse Zaken en Injurien (Court of Marriage Affairs and Injuries) was established in 1578, after the Synod of Dordrecht in 1574 decided that all marriages had to be registered. Before this decree, marriage was a church affair exclusively. Couples were able to get married on Thursdays and Fridays. Grooms under 25 and brides under 20 had to obtain permission from parents or guardians. In order to relieve the Commissarissen van Huwelijkse Zaken (Commissioners of Small Affairs), in 1679, the Commissioners of Marriage Affairs were also responsible for civil disputes concerning threats and injuries that did not exceed 600 guilders.
The Bank van Assurantien en Avarijen (Court of Assurances and Guarantees) handled all disputes relating to insurances on cargoes and ships. The court was founded in 1598. Before that, these cases were handled before the Court of the Aldermen.
The Bank van Kleine Zaken (Court of Small Affairs) was founded in 1611. Initially, it had jurisdiction over affairs involving amounts up to 40 guilders. Later, this amount was constantly increased, until it was 600 guilders in 1650, with the exception of criminal cases. This court also handled all matters that could not be assigned to another court.
The Bank van Zeezaken (Court of Sea Affairs) was founded in 1641. This court handled all matters between merchants and skippers, skippers and boatmen, merchants and pilots, pilots and skippers, skippers and shipowners, and involving shippers, and shipowners, if not concerning matters of the Bank van Assurantien en Avarijen.
Sources:
Access points: locations
Access points: persons, families
Access points: subject terms
Access points: document types
System of arrangement
The fonds are divided into eight sub-fonds. Internally, the sub-fonds are divided into types of documents and organised chronologically.
Access, restrictions
Digital copies of an extensive part of the fonds are available online:
Links to finding aids
Author of the description
Kevin Soares, 2022
Bibliography
Published primary sources
Linked resources
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| Title | Alternate label | Class |
|---|---|---|
| Stadsarchief Amsterdam | Collections (official language of the state) |