This fact has not been considered by American historians, or by English ones either, in treating of the civil and religious,-- especially the religious -- aspects and conditions of the Royal Provinces in America in general, and of New York in particular.

What then was the Kingly authority in these respects? Whence came the monarch's legal right to govern his Royal Provinces by " Instructions " to his representatives the Governors? AVhat were the powers then vested in the Crown by the laws of England ?

The attributes of the Monarch of England, sovereignty, perfection,^ and perpetuity,'' which are inherent in, and constitute, his ])olitical capacity, prevail in every j)art of the territories subject to the English Crown. " In such political capacity as King he is possessed of a share of legislation, is the head of the Church, generalissimo throughout his dominions, and is alone entitled to make war and peace.' But in countries which, though dependent on the British Crown, have different local laws, as for instance the Colonies the minor ))rerogatives and interests of the Crown must be regulated and governed by the peculiar law of the place. But if such law be silent on the subject," or if the place has become by conquest or cession a Colony or Province of the Crown, having never before been possessed by the English nation, "it would appear that the prerogative of the King in his political capacity as chief of the State, as established by English

1 This is expressed by tlie well-known legal axiom " The King can do no wrong."