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and where parents died leaving children, and no estate sufficient to maintain and bring them up, the Governor was to appoint some one to take care of them, and the charges thereof were to be borne by the public stock of the Province. In all trials wherein any of the native Indians were concerned, the Jury were to consist of six men of the neighborhood, and six of the native Indians.2

But while the civil laws and regulations of East and West Jersey bore a close resemblance to each other, nothing could be more unlike than their criminal codes. While the former exhibits all the sternness and severity of Puritan legislation, the latter shows in beautiful contrast the mildness and benignity of Quaker rule.

In East Jersey there were no less than thirteen distinct offences, for which the punishment of death might be inflicted. In this long list of capital crimes, were included not only murder, robbery, perjury, burglary, and rape, but witchcraft, smiting or cursing parents, and even stealing where the thief was incorrigible.

In West Jersey, on the other hand, there were no capital crimes; no offences for which the punishment of death was prescribed. Even in the case of murder and treason, it was provided, that the sentence and way of execution thereof, should be left to the General Assembly to determine, as they in the wisdom of the Lord should judge meet and expedient. False witnesses were to be severely fined, forever after disabled from giving testimony, and rendered incapable of holding any office or employment in the Province. Burglary was punished with whipping for the first offence; and for the second, branding with a T in the forehead; and for a third, branding in the cheek, and imprison

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1 Grants and Concessions, 431.

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2

Ib., 401.

Grants and concessions, 404. • Ib., 429.

ment at hard labor.' The thief was to make restitution fourfold out of his estate, and for want of such estate, to work for his theft until restitution was thereby made.' The punishment for assault, battery, and wounding, was to be such, as twelve men of the neighborhood should determine upon. Two witnesses were required in all cases; the accused might challenge any mumber of jurors, not exceeding thirty-five, without assigning any reason; and it was provided, that in all criminal causes-treason, murder, and felony excepted-the prosecutor should have full power to forgive the offender, and remit the punishment, either before or after judgment.*

But it was not merely in the severity of the penal laws, that the influence of the Puritans was discernible in the early legislation of East Jersey. This but reflected the harsher features of their character. There were other enactments, in which their virtues and excellencies shone conspicuously forth. Thus, in 1693, an act was passed by the General Assembly of East Jersey, for the promotion of Education. It was entitled, "An Act for establishing Schoolmasters within this Province." Its preamble recites, that the cultivation of learning and good manners tends greatly to the good and benefit of mankind. It authorized the inhabitants of each Township to meet together, and choose three men, whose duty it should be to make a rate for the salary and maintaining of a Schoolmaster within the said Township, for as long a time as they should think fit; and it provided, that the consent and agreement of the major part of the inhabitants of the said Township, should bind and oblige the remaining part of the inhabitants to satisfy and pay their shares and proportions of said rate; and

1 Grants and Concessions, 573. 2 Ib., 434.

3 Grants and Concessions, 434. * Ib., 397.

the goods and chattels of persons refusing or neglecting to pay were to be distrained and sold.' This act is not only the earliest, but I am inclined to think, it is also the very best law we have ever had upon the subject of Common Schools. Whatever may have been its practical operation, it was certainly much more efficient in its provisions, than the act which is now in force.

We may also trace the influence of the Puritans, in the pious custom, which was introduced at an early period in the history of East Jersey, of setting apart, by public authority, a day of Thanksgiving to God for his mercies. In 1676, it was solemnly enacted by the General Assembly, that "whereas there hath been signal demonstrations of God's mercy and favor towards us in this Colony, in the preserving and continuing our peace in the midst of wars round about us, together with many other mercies which we are sensible of, which call aloud for our acknowledgment and thanksgiving to the Lord," therefore, "Be it enacted by this Assembly, that there be a day of public Thanksgiving set apart throughout the whole Province, to give God the Glory and Praise thereof, and oblige us to live to his praise, and in his fear always, which day shall be the second Wednesday in November next ensuing."2 And, in 1679, we find the twenty-sixth day of November set apart, by an act of Assembly, as a day of Thanksgiving. This appointment of a day of Thanksgiving, by the representatives of the people convened in General Assembly, was calculated to add much to its solemnity, and it may be regretted, that we should now give to it no higher sanction than the Proclamation of a Governor.

'Grants and Concessions, 328. 2 Ib., 121.

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3 Grants and Concessions, 137.

APPENDIX B.

INSTRUCTIONS for our Right Trusty and well beloved EDWARD Lord CORNBURY, our Captain General and Governor in Chief, in and over our Province of Nova-Cæsarea, or NewJersey, in America. Given at our Court at St. James's, the 16th Day of November, 1702, in the first Year of our Reign.

1. WITH these our Instructions you will receive our Commission under our Great Seal of England, constituting you our Captain General and Governor in Chief of our Province of New-Jersey.

2. You are with all convenient speed to repair to our said Province, and being there arrived, you are to take upon you the Execution of the Place and Trust we have reposed in you, and forthwith to call together the following Persons, whom we do by these Presents appoint and constitute Members of our Council in and for that Province, viz. Edward Hunlock, Lewis Morris, Andrew Bowne, Samuel Jennings, Thomas Revill, Francis Devenport,

William Pinhorne, Samuel Leonard, George Deacon, Samuel Walker, Daniel Leeds, William Sandford, and Robert Quary, Esqrs.

3. And you are with all due Solemnity, to cause our said Commission under our Great Seal of England, constituting you our Captain General and Governor in Chief as aforesaid, to be read and published at the said Meeting of our Council, and to cause Proclamation to be made in the several most publick Places of our said Province, of your being constituted by us our Captain General and Governor in Chief as aforesaid.

4. Which being done you shall yourself take, and also administer to each of the Members of our said Council, so appointed by us, the Oaths appointed by Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy, and the Oath mentioned in an Act, entitled, An Act to declare the Alteration in the Oath appointed to be taken, by the Act, entitled, An Act for the further Security of his Majesty's Person, and the Succession of the Crown in the Protestant Line and for extinguishing the hopes of the Pretended Prince of Wales, and all other Pretenders and their open and Secret Abettors, and for declaring the Association to be determined. As also the Test mentioned in an Act of Parliament made in the 25th Year of the Reign of King Charles the Second, entitled, An Act for preventing dangers which may happen from Popish Recusants, together with an Oath for the due Execution of your and their Places and Trusts, as well with regard to the Equal and Impartial Administration of Justice in all Causes that shall come before you, as otherwise, and likewise the Oath required to be taken by Governors of Plantations to do

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