[2] Prior to the start of the American Revolution, Brearley was on one occasion arrested for his opposition to the rule of the British Parliament but was freed by a mob.

[3] With the outbreak of the Revolutionary War, Brearley was at first a captain in the Monmouth County militia after having spent many years speaking out against the Parliamentary absolutism.

[citation needed] From 1776 to 1779 he served in the New Jersey Line of the Continental Army, seeing action at Brandywine, Germantown, and Monmouth.

[5] He decided on the famous Holmes v. Walton case where he ruled that the judiciary had the authority to declare whether laws were unconstitutional.

[4] While at the Constitutional Convention in 1787, Brearley was Chairman of the Committee on Postponed Parts, which played a substantial role in shaping the final document.