sovereignty over the colonies. When the monarchy was reestablished, in 1660, the king's ancient jurisdiction over the transatlantic colonies was restored with the king's government. But the plantations had now, by many accessions, grown into bulk: and the king's superintendence became still more necessary, and frequent, for preserving the sovereignty of the crown, and the subordination of the colonies. A council of trade, and plantations, was now established; consisting of an indefinite number of respectable persons, who were not, however, members of the privy council. Of · that council of trade was sir Josiah Child, who was then a brewer, in Southwark; and is still remembered, for the solid sense of his commercial treatises. This council was abolished on the 12th of March, 1574-5, when the whole affairs of trade, and colo nies, were placed, by the king's declaration, in council, under the jurisdiction of a committee of the privy council, which, during the various changes of varying times, still retained its colonial authority of ancient times.

*See the several acts, in Scobbell, which are the prototypes of the acts of navigation.

The distresses, both of our commerce, and our colonies, during the revolution war, created discontent and this discontent, and those distresses, produced outcries, and complaints, which predis-. posed the nation, for some change: such, then, was the origin of the board of trade and plantations, during the year 1696. By a commission, under the great seal, a nobleman for president, and several gentlemen, who were eminent for their knowledge, of commerce, and of colonies, were appointed, with various powers, for superintending, and promoting. both *. During many years, their superintendence over the plantations was vigilant, and incessant:

The plan of the board of trade, during the reigns of king William, and queen Anne, seems to have been, to appoint two noblemen, and eight commoners, as commissioners, for executing the two great objects of the commission, the promoting of trade, and the superintending of the plantations. The members of the first board were, John, earl of Bridgewater, Ford, earl of Tankerville, sir Philip Meadows, who wrote "Observa-. tions, concerning the Sovereignty of the Seas;" William Blaithwayt, who had been secretary of the old council of trade and plantations, and died auditor of the colonial revenue; John Palexfen, the chief justice's brother, and a merchant in the city, who published a tract on trade; the well known John Locke, who

but, what such a board could do, for promoting commerce, or fisheries, more than removing obstructions out of the way, by their advice, and aid, it is not easy to tell. They were either useful, or useless, like other establishments, according to the use that was made of them. If a conceited, meddling, forward person happened to bear sway as secretary of state, he deprived the board of its jurisdiction, and usefulness: if a person of consequence, and talents, happened to preside, at such a board, it became extremely advantageous to the state, by investigating colonial titles, and complaints, by assisting negociators, with their informations, and advices, in addition to the usual occupations of such a department. The first commission specially recommended to the attention of the board, one of the most difficult of subjects, the poor, the poor-rates, the poor-laws; a subject of such compli

wrote on the coinage; Abraham Hill, whose collections on trade and colonies are in the British Museum; and John Methuen, who, from 1690, represented the Devizes, in parliament: he was sent to Portugal, as ambassador extraordinary, for the special purpose of making the commercial treaty, dated the 27th of December 1703: he died about the year 1705. The board of trade was a proper nursery of such ministers.

cation, as baffled the united labours of the ten commissioners, and seems to defy the wisdom of parliament.

It was probably intended, that the board of trade should have power to administer an oath: and the solicitor-general, Thomson, gave his opi nion to this effect:

Sir.

In obedience to the commands of the lords commissioners for trade and plantations, signified by yours of the fifth instant, I am of opinion, that the clause in the commission, which is under the great seal, does empower the commissioners, or any three of them, to administer an oath, to witnesses, who shall come before them to be examined, touching any matter mentioned in the commission, to which that power does relate.

Wm. Popple, esq.

Feb. 6, 1719-20.

I

am, &c.

WM. THOMPSON.

By a special clause of the first commission, the board was empowered to call for the advice and aid of the attorney, and solicitor-general *. The following opinions will show, that soon after the

1

The law officers were each allowed a standing fee of a hundred guineas, with ten guineas to each of their clerks,

revolution, the ministry called upon the lord chief justice Holt, for his advice; but he does not appear, when acting, in this character of adviser, in his best light. The whole judges were called upon, soon after the same epoch, to give their advice, as to the legality of the assiento trade, though it must have been the magnitude of the object, more than its difficulty, which required such mighty knowledge, as the lights of Westminster-hall enjoyed, to see, that such a trade, with the Spanish colonies, in Spanish ships, was inconsistent with the acts of navigation.

When treaties of commerce were in contemplation, during the year 1709, the board of trade was empowered to call in the aid of the king's advocate general. The following opinions show several instances of the joint advice of the advocate, the attorney, and solicitor-general, which was asked, and received, by the king's ministers: what other country can boast of jurists, with such extent of knowledge, and reach of thought, as such joint advice exhibits!

Soon after the accession of George I. the acts of the colonial assemblies, which were to be reviewed,