The Supreme Court of New Jersey. authority being exercised by the Proprietors. The disaffection became very general, and all classes were in a ferment. A resort to legal proceedings was threatened. A writ of quo warranto had in fact been issued, and was pending before the Court of King's Bench to test the governmental rights of the Pro prietors. The number of these Proprietors had very largely increased, the shares in many instances having been almost infinitessimally divided, so that
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some owned the for tieth part of a fortyeighth of a twentyfourth share. At pres ent that would be an imperial fortune; but then it did not repre sent much value. In this manner the num ber of the Proprietors became too large, and the body of owners was so cumbrous that order and system could not well be preserved. The interests of the many owners too of ten clashed, and their opinions conflicted so much that their power of government really RICHARD became of extremely doubtful advantage. An absolute and unconditional surrender of the right of sovereignty was made to Queen Anne, but the ownership of the soil was re tained. The Queen .accepted the surrender, and appointed her cousin Edward, Lord Cornbury, governor of the colony. He was the grandson of Lord Clarendon, the father of Ann Hyde, the queen of James II., who was the mother of Queen Anne. This was in 1702, and in the first year of the Queen's reign. By a royal commission granted on the fifth day of December, 1702, Lord Cornbury was duly invested with the high dignity of
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Governor of the united provinces, again called New Jersey. Accompanying the com mission were instructions to the new Gov ernor of the fullest and minutest character. They were exceedingly well drawn, displayed great literary merit, consummate ability, and a profound knowledge of state craft. The commission and the "instructions " are some what inconsistent with each other. The commission is dated on the fifth day of De cember, 1702, and the "instructions" on the sixteenth day of No vember of the same year, yet frequent mention is made of the commission in the other document. The very first sentence of these instructions no tified Lord Cornbury that he would receive the two papers to gether. In the com mission full power and authority are given to him, "with the advice and consent of our said Council, to erect, constitute, and estab lish such and so many Courts of Judicature STOCKTON. and publick justice within our said Prov ince as you and they shall think fit and nec essary, for the hearing and determining of all causes as well criminal as civil, according to law and equity and for awarding execution thereupon, with all reasonable and necessary Powers, Authorities, Fees, and Privileges belonging unto them." In the instructions, however, he was particularly directed, thus : "You shall not erect any Court or office of Justice, not before erected or established, without our especial order." Lord Cornbury was as graceless a scamp as was ever intrusted with authority in the
