The Rule of Law in the Realm and the Province of New York: Prelude to the American Revolution

British and American views of public law have diverged greatly over the past two hundred years. This article examines the evolution of New York's adherence to the rule of fundamental law and the use of colonial common law courts to protect the rights of New York subjects against the prerogative power of the crown. As a conquered province from 1664 to 1683, New York was denied a legislature. Thereafter the colonial legislative bodies were active in making unsuccessful attempts to claim their birthright as Englishmen. In England the Glorious Revolution represented a major step in the development of parliamentary supremacy. In New York, however, it facilitated an ethnic insurrection followed by the realization that English governmental policy mandated the denial of basic rights of Englishmen to colonial residents. The Glorious Revolution simply made it possible for parliament, as well as the crown, to regulate colonial affairs without any constitutional restrictions prior to 1774. In terms of constitutional dynamics in eighteenth‐century England, continued imperial rule through an untrammelled royal prerogative substantially increased the political power and revenues of the crown. Failing to consider the impact of monarchial power in a growing empire, the 1688–9 Convention Parliament laid the foundation for an unbalanced British government in the middle of the eighteenth century. Deprived of patronage and extraordinary revenues at home, the monarchs turned to regulation of their empire and to reaping increased financial benefit. Both of these unintended consequences of the Glorious Revolution threatened parliamentary supremacy, even as parliament's new‐found power began to undermine the rule of law in the empire.