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.
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 of a domain 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" 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 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 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 office was brought with the Dutch to the American colony of New Netherland. The first schout in New Amsterdam after it was granted the authority to form its own local government in 1652 was Cornelis van Tienhoven, although officers were appointed to the post from at least 1626 when Jan Lampo was appointed. The schout had a seat on the Executive Council, but no vote, and would step down from the bench when acting as prosecutor, at which time the remaining members of the Council would function as the Court of Justice. The final schout was William Knyff, who held the office in 1674 when the English were returned the colony. The origins of the American public prosecutor have been traced to the schout in New Amsterdam.
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 included 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, depending on its context, can be translated variously into English, usually as sheriff, bailiff, or reeve, but strictly in their respective medieval senses. As a result, the Dutch word is sometimes used in English. In Dutch, the plural of schout is schouten. The Dutch word schout comes from Middle Dutchscouthete, in turn from Old Low Franconianskolthēti, and is cognate with Old Englishscyldhǣta, sculthēta "reeve, bailiff", German Schultheiß, Schulze "bailie ", from PGmc *skuldi-haitijō "debt-orderer". The office was occasionally referred to in Latin as scultetus.
