History of Westchester County, New York, Vol. I
Sir William IJlackstone in speaking of the American Provinces, says, " In the Provincial Establishments (commonly called King's Governments) their constitution dei)ended on the respective commissions issued by the Crown to the Governors, and the Instructions which usually accompanied these commissions ; under the authority of which Provincial Assemblies were constituted with the power of nuiking local ordinances, not repugnant to the laws of England." ^ It is clear, and beyond question, that the very authority by which New York was granted the right to possess and elect a representative Assembly of its own people, a privilege granted to it by William and Mary in IG'Jl, which continued from that time without interrui)tionas long as it remained a British Province, sprang from precisely the same source, as the establishment of the Church of England within its limits -- the Commission and Kiini's Iitifl ructions to his Governors ; To say nothing of the lirst granting of the right to elect and hold Assemblies by James II. himself as Duke of York to Governor Dongan in 1(583, eleven years be- Ibre ; which assemblies sat for three years, and the laws which thuy passed in those years, still in existence, are the earliest English statutes of New York ; and which assemblies were called and held solely by virtue of James's "Commission " and " Instructions " to Governor Dongan.
There is another point of importance in this connexion. Every (Jommission to every Governor from every Sovereign of New York, contained in it a clause, delegating to him the power of collation to church benefices, a power under the law of England which could be exercised only in the Church of England. It was in these words, " And we do by these j)resents authorize and impower you to collate any person or persons to any churches, chapels, or other ecclesiastical benefices within our said province and territories as aforesaid, as often as any of them shall happen to be void." ^ This was the delegation by the King of his iiwn power as Ordinary.