Advancing and Regulating the Trade of the Commonwealth," by which there was created "a standing Council for the regulation of trade," which was an under-Council for the affairs of the Colonies. This Council was known as "the Council of Commerce."

One of the Instructions given by the Act required the Council:

To advise how the English Plantations in America or elsewhere may be best managed; and how the commodities thereof may be so multiplied that those Plantations alone may supply the Commonwealth of England with whatsoever it necessarily wants."

The Parliamentary History says of this under-Council for Trade:

These Commissioners were empowered not only to receive proposals from any persons of experience and ability in matters of trade, but had also authority to send for the officers of the Exchequer, Mint, Customs and Excise, for their assistance; also to view all books, records, &c., for their further information; and the result of their inquiries, with their opinion thereupon, was required to be laid before the Parliament or Council of State.

Under this arrangement, Parliament declared the American Colonies to be "subordinate and dependent upon England" (in the Act of October 3, 1650, "for reducing Barbadoes and Virginia"), and, on October 19, 1651, passed the first Navigation Act, restricting the trade of the Colonies to England. The establishment of the Council of Commerce evidently had the immediate effect to lead to a distinct understanding and statement of the relation of the Colonies to England, and to cause the adoption, by the Council of State and the Parliament, of a strong and definite colonial policy.

The Instructions to the Council of State above quoted were repeated in the Instructions given by Act of Parlia

ment of November 30, 1652, and also in the Act of the Little Parliament of July 9, 1653.

On December 16, 1653, the Council of State was abolished, and there was substituted for it, under the Instrument of Government, the Lord Protector's Council, composed of not less than thirteen nor more than twentyone persons. This Council, with the Lord Protector, formed the Imperial Council, the Lord Protector being granted "the chief magistracy and the administration of the government over the Commonwealth of England, Scotland and Ireland, and the dominions thereunto belonging, and the people thereof," which power he was to exercise with the assistance of his Council,-"assistance" being defined by a subsequent clause in the Instrument of Government which gave the Lord Protector power "to govern the said countries and dominions in all things by the advice of the Council and according to these presents and the laws."

The Council for Trade appointed by Parliament continued to exist as an under-Council for the Lord Protector's Council until Cromwell dissolved Parliament on January 22, 1655.

On March 2, 1655, the Lord Protector's Council appointed from its own number a Committee for the Foreign Plantations, and on November 1, 1655, the Lord Protector, by an Ordinance in Council, constituted a "Council of Commerce," consisting of forty persons, among whom, as the Parliamentary History states, were Cromwell's son Richard, the Commissioners of the Great Seal, all the members of the Council, the Judges, several Sergeants at law, and Aldermen of London, York, Bristol, Newcastle, Lynn, Yarmouth, Dover, Southampton, and Exeter. Any seven members were to constitute a quorum.

The Parliamentary History thus describes the powers of this Council:

The Council were authorized to take into consideration all ways and means for advancing, encouraging and regulating the trade and navigation of the Commonwealth; for which purpose they were empowered to receive such propositions as should be made to them, and to send for the officers of the Excise, the Customs, and the Mint, or such other persons whom they should deem capable of giving advice upon this subject. They were to examine the books and papers of the late Council of Commerce, and all other public papers which might afford them necessary information. Whatever proposals were laid before these Commissioners which they judged to be for the advantage of trade and commerce, were to be certified to the Lord Protector and his Council, who were to give the necessary orders therein.

It appears also that a similar Council for Trade was appointed by Parliament on March 4, 1657, which was a referee body for the Lord Protector's Council, in matters relating to trade and plantations.

After the acceptance by Cromwell, on May 25, 1657, of the Petition and Advice, the relations with the Colonies remained in charge of the Lord Protector in Council (the Council being given the old name of the Privy Council), until Cromwell's death on September 3, 1658.

After Parliament had deposed Richard Cromwell, it placed the Executive part of the Government again in the hands of a Council of State. This Council of State consisted of thirty-one persons, any nine of whom (six of the nine being members of Parliament) constituted a quorum. Among the Instructions given by Parliament to this Council of State were the following:

You are to try to advance the trade in England, Scotland and Ireland, and promote the good of our Foreign Plantations and Factories, and watch the State's interests in foreign parts.

You are to consult on matters of public concernment, and report your opinion to Parliament.

You are to send for whomever you wish to bear witness or give advice.

You may send for any public written documents you wish to consult, on matters in agitation before you.

You may, on emergency, administer an oath for the discovery of the truth.

You may appoint committees or persons to take examinations, receive informations, or prepare business for your debates or resolutions.

This Council of State appointed a Committee for the Foreign Plantations from among its own members, which had charge of the relations with the Colonies.

Thus it appears that during the time England had been without a King, there had been no change in that principle of the English Constitution as it existed before the Commonwealth, according to which the management of the relations between England and the Colonies was in the hands of the Crown.

Charles II., on November 7, 1660, shortly after his restoration, appointed a Council of Trade, and, on December 1, 1660, also appointed an Imperial Council called "The Council for Foreign Plantations." This Imperial Council was composed in part of high officials and dignitaries of the English State and Church and other members of the Privy Council, and in part of members of the trading guilds. It originally consisted of forty persons. While it had administrative powers within a somewhat indefinite sphere, it was also an Under-Council or Committee of Reference, which was to ascertain the facts concerning complaints or propositions regarding the Colonies, and report the facts, with their conclusions, to the King in Council. The Instructions to this Council were as follows:

1. You shall inform yourselves, by the best ways and means you can, of the state and condition of all Foreign Plantations,

and by what commissions and authorities they are and have been governed and disposed of; and are to procure, either from such persons as have any grants thereof from the Crown, or from the records themselves, copies of all such commissions or grants, to be transcribed and registered in a book provided for that purpose,—that you may be the better able to understand, judge and administer such affairs as by your commission and instructions are intrusted to your care and management.

2. You shall forthwith write letters to every Governor for the time being of all our English Plantations, and to every such person or persons who, by any letters patent from us or any of our predecessors, claims or exercises the right of government in any of the said Plantations; in which letters you are to inform them of our gracious care and provision in their behalf, both in erecting a general Council of Trade wherein their concernments are mingled and provided for with [those of] the rest of our dominions, and especially [in erecting] this particular Council, which is applied only to the inspection, care and conduct of Foreign Plantations.

3. You are in the said letters to require the said Governors and persons above-mentioned, to send unto you in writing, with the advice of the Council of every of the said Plantations respectively, a particular and exact account of the state of their affairs, of the nature and constitution of their laws and government, and in what model and frame they move and are disposed, what number of men, what fortifications and other strengths and defences are upon the places, and how furnished and provided for.

4. You are to order and settle such a continual correspondence that you may be able, as often as you are required thereunto, to give to us an account of the government of each Colony, of their complaints, their wants, their abundance of their several growths and commodities, of every ship trading there and its lading, and whither consigned, and what the proceeds of that place have been in the late years; that thereby the intrinsic value and the true condition of each part and of the whole may be thoroughly understood, whereby a most steady judgment and balance may be made for the