New-Jersey to be thereunto Affixed. Witness Our Trusty & Well-beloved William Burnet, Esq., Capt. General and Governour in Chief of the Provinces of New-Jersey, New-York, and Territories thereon depending in America, and Vice-Admiral of the same, &c., in Council at Perth-Amboy, the 10th Day of February, in the first Year of Our Reign, 1728.
His letter to Richard Henry Lee, stating that the New Jersey delegates were not empowered to give their voice for independence; shown to be er- roneous, 197, note.
Alexander (James). Father of Lord Stirling; his name signed to the "Elizabethtown Bill in Chancery," 120; a member of Council, and a large proprietor of New Jersey, 127. Allen (Jedidiah). Indicted for uttering se- ditious words of Lord Cornbury, 53; grand jury return the bills with an ignoramus; in- formations exhibited against him, 54; ap- plies for a postponement of his trial, which is allowed upon conditions, with which he refuses to comply; he is committed for con- tempt, 55.
Allinson (Samuel). An attorney at law, charged before the House of Assembly with taking illegal fees; is tried and acquitted, 167; appears at the bar of the Assembly, on behalf of the lawyers of New Jersey, 168. Answer. To the "Elizabethtown Bill in Chancery;" its prolixity, 120; published, with a title as long as that of the Bill; names of the Counsel by whom it was signed,
Appeals (Court of). Erected by the Queen in Council; adopted by the Constitution of 1776; confirmed and continued by act of the Legislature, 45, note.
Assembly (General). First meeting of, in New Jersey, 5; act of, for establishing Courts of Justice, 7; present remonstrance to Lord Cornbury, 62; his answer to it, 65 et seq; their replication, 68; review the address of the Lieutenant Govenor and Council to the Queen, and expel William Sandford for having signed it, 71; address to Governor Burnet, asking for the appointment of a Chief Justice residing in New Jersey, 104; investigate charges against the lawyers, 165 et seq.
Assize (Court of). The Supreme Court of the Province; held once a year at Wood- bridge, 8.
Attorneys. First act for regulation of; not
permitted to practise without a license from the Governor, 23; required to serve an ap- prenticeship of at least seven years, or to pursue the study of the law four years after coming of full age, 132.
Aynsley (William). Appointed Chief Justice; takes his seat upon the bench; dies soon after his appointment, 151.
Bacon (Lord). His opinion of the qualities requisite for a Judge 184, note Bancroft. (History of the United States,) extracts from, 31, 103, note. Barclay (Robert). A Scotchman, and one of the proprietors of East Jersey, 12. Basse (Jeremiah). Indicted for perjury, 83; tried and acquitted, 84; stirs up prosecutions against the principal officers of the province, 97; suspended by the Supreme Court from practising as an Attorney, 98; is returned to the Assembly from the County of Cape May, 100; his Speech in the House, 101; acquires the confidence of Governor Hunter, and is appointed Attorney General; his commis- sion renewed by Governor Burnet; his death, and will, 102.
Bayard (Col. John). A pupil of the Rev. Samuel Finley, a member of the old Con- gress, and Speaker of the House of Repre- sentatives of Pennsylvania, 191. Belcher (Governor), 151. Bernard (Governor), 151. Billop (Christopher). Eldest son of Thomas Farmar; marries the daughter of Captain Christopher Billop; adopts her father's name; commands a corps of New-York loyalists during the revolutionary war; is taken prisoner, confined in the jail at Bur- lington, and treated with great severity, 128; his estate is confiscated after the peace; he goes to the Province of New Brunswick, becomes a member of the Assembly, and of Council, and dies at St. John's, 129. Binney (Mr.) Extract from his Eulogium on Chief Justice Tilgham, 112, note. Bloomfield (Joseph). Governor of New Jer- sey, 126, 179.
Boudinot (Elias). President of Congress un- der the Confederation, member of the House of Representatives after the adoption of the Constitution, and the first Director of the Mint of the United States; his sister the wife of Richard Stockton, 199, note. Boudinot (Elisha). Of Newark; Richard Stockton, William Griffith, and Alexander C. McWhorter, students in his office, 189, note. Brougham (Lord). Extract from his Speech in the House of Commons on Law Reform, 3; notice of his Speech on Local Courts, 9, note.
Burke. Extracts from his Speech on Concilia- tion with America, 21, 22, note. Burnet. Succeeds Hunter as Governor of New Jersey, 104; takes especial delight in the Court of Chancery, 107; a son of the celebrated Bishop Burnet; named after the Prince of Orange; his fortune wrecked in the South Sea scheme; made Governor of Massachusetts and New Hampshire; of con- vivial disposition and levity of manners; his death and character, 108, note.
Campbell (Lord). Extracts from his lives of the Lord Chancellors, 81, note; 109, note; 117, note.
Carolana. Description of the Province of, by Daniel Coxe; first published in 1722, and republished in 1741; contains a "* curious discovery" of an easy communication be- tween the river Mississippi and the South Sea, 184; note; plan of Union for the North American Colonies proposed in the preface, 135; Dr. Franklin's "Albany Plan of Union," little more than a transcript of it, 137.
Carolina. Patent for, obtained by Sir Robert
Heath, Attorney General to Charles the first; declared to be void; Dr. Coxe procures an assignment of it, 133; 'called Carolana in the original patent, 134.
Carteret (Governor). Seeks to extend the jurisdiction of the municipal Courts of Ber- gen and Woodbridge, 6; purchases an in- terest in the Elizabethtown grant, 123. Carteret (Lady Elizabeth). "Fashionable and kind-hearted;" Elizabethtown named after her, 13, 122.
Carteret (Sir George). One of the original proprietors of New Jersey, 5; concessions of Berkley and Carteret, 18.
Chancery (Court of). Recognized as a sepa- rate and distinct tribunal, in the first act for the establishment of Courts, 11; made part of the Court of Common Right, but after- wards separated from it, 14; never a popu- lar favorite in this country, 108; in England always a fair subject for the pen of the satirist, 109; note; becomes so unpopular in New-York, that no business is transacted in it for many years, 110; first established in Pennsylvania by Governor Keith, ib.; diffi- culty with John Kinsey a Quaker lawyer, 111; considered a "nuisance" and entirely laid aside, 112; has encountered less hostili- ty in New Jersey than in her sister states, ib.; ordinance of Lord Cornbury for the erection of, 113; first ordinance for the regulation of fees in, 114; a committee of Council appointed to revise and moderate
fees, and perform their task with an unspar- ing hand, 115; committee directed to inquire into the abuses which had crept into the practice of the Court, 116; the abuses pointed out, and the remedies proposed by them, 117; message of Governor Franklin in relation to Court of Chancery, 123; sends the Assembly list of officers in the Court, for which salaries ought to be provided, 124; ordinance of Governor Franklin, 125; the Constitution of 1776 adopts the Court, and the Legisla- ture confirm its powers, ib.; office of Gover- nor and Chancellor united until the adoption of the Constitution of 1844; effect of this arrangement, 126.
Clarke (Abraham). His object in introduc- ing the bill known as "Clarke's Practice Act," 115.
Common Pleas (Courts of). First established by the Ordinance of Lord Cornbury; when and where held; their jurisdiction. 43; ac- count of the origin of this Court by Mr. Grif- fith erroneous, 47.
Common Right (Court of). Came in place of the Court of Assize; name first occurs in the instructions to Gawen Lawrie, Deputy Governor of East Jersey, 12; to consist of "twelve members, or six at the least;" held first at Elizabethtown, but afterwards at Perth Amboy, 13.
Common Law, brought from England by our fathers; their birthright and inheritance, 15; reached its full vigor about the period of the first settlement of New Jersey, 16, note. Concessions, of Berkley and Carteret, the first Proprietors of New Jersey; proclaimed re- ligious liberty in its fullest extent, and free- dom from taxation without the consent of the people, 18; published and circulated in England and throughout the Colonies, 19; of the Proprietors of West Jersey, still more liberal; their provision for liberty of con- science, 27; for freedom from taxation with- out the consent of the General Assembly, 28; their language in reference to trial by jury, ib.; members of Assembly to be chosen by ballot, 29; to receive instructions from those who sent them, and covenant for obedience under hand and seal, 30; these Concessions to be read at the opening and dissolving of every Assembly, and writ on fair tables in every hall of justice in the Province, 31.
Cooper (Joseph) A member of Assembly from Gloucester County, during the admini- stration of Governor Morris, 143. Cornbury (Lord). Cousin of Queen Anne, and grandson of the illustrious Clarendon; first Royal Governor of New Jersey, 40; forbid- den by his Instructions, but authorized by his Commission to establish Courts, 41; his Ordinance for the establishment of Courts, 42; its provisions, 43 et seq.; this Ordinance the foundation of our Common Law Courts, 45; Mr. Griffith not aware of the existence of it, 46; a copy of it found in the State Library, 50; by whom probably framed, ib.; his disputes with the Assembly, 62; their remonstrance presented to him by Samuel Jenings, and his reception of it, 64; his an- swer, 65 et seq.; reply of the Assembly, 68; prevails upon the Lieutenant Governor and Council to unite in an address to the Queen justifying his conduct, 69; his removal
and character, 70, note; thrown into jail by his creditors, and remains there, until ele- vated to the peerage by the death of his father, 83.
County Courts first established in East Jersey, 7; when, and by whom held; their juris- diction; appeals from their judgments, 8; to be held four times a year in each County, 11; the Judges to be the Justices of the Peace in the respective Counties, 12; in West Jersey, when established; when and by whom held, 24; their jurisdiction un- limited, in civil and criminal cases, ib.; the great Courts of the Province, 25. Courts, Establishment of, coeval with the
first settlement of the State, 4; first act of Assembly for the erection of, 7; modified afrer the transfer of East Jersey to the twenty-four Proprietors, 11; of West Jersey under its Proprietary Government, 24; es- tablished by Ordinance of Governor and Council, after the Surrender, 42; first ordin- ance for the erection of Courts, and its pro- visions, 43; these Courts continued without any essential change to the Revolution; have retained all their leading features to this day, 45.
Coxe (Dr. Daniel). A great Proprietor of West Jersey, and Governor of that Province for some years: father of Daniel Coxe, one of the Justices of the Supreme Court, 132; pro- cures an assignment of the original Patent for Carolina, and addresses a memorial to King William claiming the Province em- braced in it, 133; the memorial is referred to the Attorney General, who reports in favor of the validity of his title, 134. Coze (Daniel). Son of Dr. Daniel Coxe; signs the address of the Lieutenant Governor and Council to the Queen, 70, note; is chosen speaker of the Assembly, 92; absents him- self from the House, with most of his politi- cal friends, 98; the Assembly choose a new speaker, and expel the absent members, 99; Governor Hunter, in a message to the As- sembly, condemns the conduct of the late speaker, and the House concur with him, 100; is appointed an associate Justice of the Supreme Court, 132; revives his father's claim to Carolina, and makes various efforts to colonize it; publishes a description of the country, which he calls Carolana, 134; his preface to the work contains a plan of union for the North American Colonies, 135; extract from it, 136, note; the same with that, afterwards proposed by Dr. Frank- lin at Albany, and which has been so cele- brated, 137; remains upon the bench until his death, and discharges his duties with ability and integrity, ib.
Coxe (Daniel). A member of Council during Governor Franklin's administration; chief' agent in organizing the Board of Refugees or Royalists, in New-York; made President of the Board; reason assigned for putting him in the chair, 185, note.
Cuthbert (Alexander). Of Canada, married a daughter of Richard Stockton, 199, note.
Dickinson (John). At a meeting of the Phila- delphia bar, opposes a resolution to transact business without the use of stamps, 164.
Dudley (Joseph). Chief Justice of New-York, and afterwards Governor of Massachusets, 74.
East Jersey. Courts in, 7, 8; divided into Counties, and Townships, 11, note; laws of under the Proprietory Government, 205 et seq.; severity of the criminal code, 207; acts for the promotion of education, 208; thanksgiving days appointed by act of As- sembly, 209.
Ellesmere, Lord Chancellor in the reign of Queen Elizabeth; the vigor with which he corrected prolixity in chancery pleadings, 117, note.
Elizabethtown, named after Lady Carteret ; long the capital of the Province of East Jersey, 13.
Elizabethtown Bill in Chancery. Embodies much of the early history of the State, 24; the most important bill ever filed in the Pro- vincial Court of Chancery, 119; contains fifteen hundred sheets; printed with the accompanying documents, making a folio volume of one hundred and sixty pages; its title, 120; drawn up with great ability, 122; cause never brought to a final hearing, 123. Elmer (Ebenezer). Father of the Hon. Lucius
Q. C. Elmer of Bridgeton; assisted in the destruction of the tea at Greenwich, 179. Essex. Reply of the Grand Jury of, to the charge of Chief Justice Smyth, 175 et seq.; riots against the lawyers, 171; the rioters promptly punished, 172.
Ewing (James). Father of the distinguished Chief Justice of New Jersey; assisted in the destruction of the tea at Greenwich, 179.
Farmar (Thomas). An associate Justice of the Supreme Court, 92; removes from Staten Island to Amboy, 126; represents for many years in the Assembly the County of Middle- sex, 127; is made Chief Justice; was in- sane for some years; his eldest son assumed the name of Christopher Billop, and became a noted character during the Revolutionary war, 128.
Field (Robert). Of Whitehill, in the County of Burlington; married a daughter of Rich- ard Stockton, 199, note.
Field (Abby). The only surviving daughter of Richard Stockton; is living at Princeton, 199, note.
Finley (Rev. Samuel). A ripe scholar, and skill- ful teacher, 190; establishes a school at Not- tingham, in Maryland, which becomes a very celebrated one, ib.; some of the most distinguished men in the country educated here, 191; is President of the College of New Jersey; upon his death Dr. Wither- spoon is chosen to succeed him, 193. Ford (Gabriel, H.). A student in the office of Abraham Ogden; for many years a Judge of the Supreme Court; still living in the full enjoyment of his faculties, 189, note. His 64 Franklin (Dr.). Albany Plea of Union," little more than a transcript of the design of Daniel Coxe, sketched many years before, 137; his interview with Robert Hunter Morris in New York, 147.
Franklin (Governor). His Message to the Assembly in reference to the Court of Chancery, 123; his Ordinance establishing the Court, 125; his Message to the Assem- bly, upon the subject of the riots against the lawyers, 172.
Galloway (Joseph). A celebrated loyalist of Pennsylvania; a correspondent of David Ogden, 185.
Gates (Horatio). Letter to, from William Smith, the Provincial Historian of New York, 155.
General Sessions of the Peace (Court of). Established by Ordinance of Lord Corn- bury; to be held four times a year in every County, 43.
Gordon (Thomas). A native of Pitlochie in Scotland, 86; emigrates to New Jersey: settles in the neighborhood of the "Scotch Plains;" becomes a large Proprietor, and fills various offices of honor and trust in the Province; represents Perth Amboy in the Assembly, and is chosen Speaker of the House, 87; is appointed Chief Justice of the Supreme Court upon the resignation of Mompesson; is made Receiver General and Treasurer of the Province, and relinquishes his seat upon the bench; is appointed Com- missioner to execute the office of Attorney General; his death, 88.
A Scotchman, and the author of the best Colonial History of the United States that has yet appeared, 86; extracts from his History, 31, note; 38; 71, note; 86 Grand Jury, of Essex. Their spirited reply to the charge of Chief Justice Smyith, 175; of Cumberland, refuse to find Indictments against those who were concerned in the destruction of the tea at Greenwich, 181. Griffith (Alexander). First Attorney Gen- eral for the Province of New Jersey, 52; suspended for "sundry misdemeanors, ne- glects, and contempts of duty," 88. Griffith (William). The learned Compiler of the Law Register, 46; a student in the office of Elisha Boudinot of Newark, 189, note.
Hall (William), 80, note.
Hallom. Extracts from his Constitutional History of England, 9. note, 17, note. Hasard (Ebenezer). Postmaster General of the United States, and author of Historical Collections; a pupil of the Rev. Samuel Finley, 191.
Henry (John). A member of the old Con- gress, a Senator of the United States, and Governor of Maryland; a pupil of the Rev. Samuel Finley, 191.
Hoarkills (Customs a1). Exacted by the agent of the Duke of York, on all vessels ascending the Delaware to New Jersey, 32; argument against, 33, et seq. Hoffman (Josiah Ogden). A student in the office of Abraham Ogden; Attorney Gen- eral of New York, and Judge of the Supe- rior Court at the time of his death, 189,
Hollingshead (John). Indictment against for uttering seditious words of Lord Cornbury,
53; grand jury return it with an igno- ramus; information exhibited against him, 54; applies for a postponement of his trial; the motion is allowed, but upon con- ditions with which he refuses to comply; he is committed for contempt, 55; is tried and acquitted, 56.
Hooper (Robert Lettice). Appointed Chief Justice upon the death of William Trent, 126; is succeeded by Thomas Farmar, ib. ; is again appointed Chief Justice, 128; continues to act until his death, 129. Hopkinson (Francis). A delegate from New Jersey, and a signer of the Declaration of Independence; appears in Congress, and presents the instructions under which he and his colleagues were appointed, 197, note. Howell (Richard). Governor of New Jersey; assisted in the destruction of the tea at Greenwich, 179.
Huddy (Hugh), 80, note.
Hume. Extract from his Essay on the origin of government, 3, note. Hunter (Rev. Andrew). A chaplain in the American Army during the whole of the Revolutionary war; assisted in the destruc- tion of the tea at Greenwich; his second wife a daughte of Richard Stockton, 179. Hunter (Rev. Andrew). Pastor of the Presby- terian church in Greenwich, in the County of Cumberland; an ardent Whig, 179,
note. Hunter (Governor). Succeeds Lord Love- lace; his first Address to the House of As- sembly, 79; a native of Scotland; marries a peeress; a friend of Addison and Swift; appointed Lieutenant Governor of Virginia; is taken prisoner by the French; is appointed Governor of Jamaica; a man of some liter- ary pretensions, 89, note; his address on behalf of the Quakers, 94; claims the right to act as Chancellor without the aid of his Council, 114.
Indians. Their right to the soil always respec- ted in New Jersey; the Six Nations at Fort Stanwix confer upon New Jersey the title of the Great Doer of Justice, 5, note. Ingoldsby (Lieutenant Governor). Unites
with the Council in an address to the Queen, justifying the conduct of Lord Cornbury. 69; acts as Governor upon the death of Lord Lovelace; a dull, heavy man, 78; remonstrances are made to the Queen for his removal, to which she at last yields, 79. Institutio Legalis, of Newark, a sort of Moot Court, kept up for many years, 189, note.
Jamison (David). Appointed Chief Justice in place of Mompesson, 89; a popular law- yer of New York; distinguished himself in defence of McKemie the Presbyterian clergyman; is Chief Justice during the whole of Governor Hunter's administration, 91; is indicted in the Court of Quarter Sessions of Burlington; delivers a speech in the Supreme Court, 94; indictment removed to the Supreme Court, and quashed, 97; his charge to the Grand Jury at Burlington, 103; continued in office by Governor Bur- net; the Assembly complain of his residing
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