in their religious views; fanatical they will be called in these days of more enlightened toleration. They were equally unyielding when their political freedom was endangered; jealous of any encroachments on that poli tical freedom, they were watchful in guarding against any action even the slightest by Governor or State or Legislature, which seemed at all like interference with their rights as citizens. This feeling pervaded all classes, and led them to learn what were their rights and what were the best foundations of civil lib erty; and so they studied the principles of the common law of England, and they needed no statute to enable them to under stand how to conduct the courts provided for them. They needed only courts properly constituted; and falling back on their knowl edge of the modes of procedure in similar courts in the mother country, they required nothing more. It was remarked by one of the greatest of English statesmen that with the exception of religious books, no volumes were more readily sold in the colonies than those relating to law. The courts of which mention has been made were those which were established in East. Jersey. In 1676 the colony was di vided into East and West Jersey. A line drawn from Little Egg Harbor extending irregularly northward, a little west of north, and reaching the Delaware River at the 41st degree north latitude was the boundary be tween the two new districts. It will be remembered that the first Leg islature in East Jersey which took any notice whatever of courts met in 1675. The first Legislature in West Jersey which constituted any courts, so far as can now be ascertained, met in 1682. At this meeting County Courts, which were called Courts of Session, were created. But these courts at first were established only in Burlington and Salem Counties. In 1693 they were ex tended to Cape May, which was then a new county. Before this time courts for the trial of
small causes existed all over West Jersey. They were held by one justice of the peace, and had jurisdiction over actions which in volved forty shillings and under. An appeal lay from them to the County Courts, which met quarterly and were held by three justices of the peace of the county. These courts could not try any indictments for murder and treason, but with those exceptions they had unlimited jurisdiction over all causes, both civil and criminal. They were, in fact, the great courts of the Province, and from them for many years there was no appeal. In 1693 a Supreme Court of Appeals was created, of which the judges were one or more of the justices of the counties, with one or more of the members of the Gov ernor's Council; any three of whom, one being of the council, made a quorum. At first this court was strictly appellate, but in 1699 it was materially changed. It then be came the Provincial Court, and was held by three judges appointed by the Legislature, or House of Representatives, as that body was then called, and one or more of the justices of the peace of the counties. Two of the judges appointed by the Legislature, in connection with three of the justices, con stituted a quorum. It had original as well as appellate jurisdiction, sat twice a year, and from its judgments for twenty pounds and more, an appeal could be taken to the General Assembly. In the same year a Court of Oyer and Terminer was estab lished for the trial of criminal cases. This court was held by a judge appointed by the Governor and Council, assisted by two or more of the justices of the county where the crime was committed. West Jersey was very largely under the influence of the Quakers, and the spirit of those peace-loving men was manifested in their jurisprudence and in the formation of their courts. Up to the time of the crea tion of the Oyer and Terminer, there was no tribunal in West Jersey which could try a capital offence. In fact, the punishment of death for any offence was not mentioned
