Court of Assizes

The distinction between courts of law and courts of equity was unknown in New Netherland where Dutch-Roman law prevailed. After the English conquest the first court to exercise equity jurisdiction in New York was the Court of Assizes. This court was established in 1664 under the authority of the Duke of York, proprietor of the colony. Equity jurisdiction was conferred upon the court by a 1665 amendment to the Duke's Laws which established the government of the colony. The Court of Assizes was originally designed to serve only the English speaking population of the colony but after 1675 its jurisdiction expanded to encompass all of New York. The court consisted of the Governor, his Council, and two justices from each of the three judicial districts or ridings located in the southern part of the colony. After 1675 representatives from Kingston and Albany often sat as part of the court. The Court of Assizes was the highest court of law and equity in the province. It exercised exclusive jurisdiction in cases of capital offenses and appellate jurisdiction in all criminal and civil matters. When conducting equity proceedings the court modelled its procedures after the High Court of Chancery in England. The Court of Assizes was abolished in 1684 by an act of the newly created colonial Assembly and its pending cases transferred to the Court of Chancery established the previous year (Chapter 31, Laws of 1684).