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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.

SMITH.

INDEX.

Adams (Samuel).

A

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,

121.

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.

B

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.

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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.

C

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 | Dudley (Joseph). Chief Justice of New-York,
his creditors, and remains there, until ele- and afterwards Governor of Massachusets,
vated to the peerage by the death of his 74.
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.
Coxe (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.

Core (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.

D

Dickinson (John). At a meeting of the Phila-
delphia bar, opposes a resolution to transact
business without the use of stamps, 164.

E

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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.

F

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.
Franklin (Dr.). His 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.

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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.

G

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.

Grahame. 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; 33; 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.

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Hall (William), 80, note.

Hallam. Extracts from his Constitutional
History of England, 9. note, 17, note.
Hazard (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 at).

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,
note.

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.

I

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.

J

Jamison (David). Appointed Chief Justice
in place of Mompesson, 89; a popular law-
yer of New York; distinguished himselt 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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