CHAP. V. at liberty, under the common law, which gives 1660. freedom of commerce to all the subjects of Eng

land, to export to any part of the world all objects of trade other than the "enumerated commodities." The difficulty of carrying this system into execution among a distant people, accustomed to the advantages of a free trade, was foreseen; and therefore, the law directed that the governors of the several plantations should take an oath, before entering into office, faithfully to observe it.

As some compensation to the colonies for the commercial restraints thus imposed by the legislature; it was also enacted during the same session, that no tobacco should be planted or made in England or Ireland, Guernsey or Jersey. These prohibitions, affecting the respective parts of the empire, confined the trade of the colonies to England, and conferred on them exclusively the production of tobacco.

Charles, immediately on his ascending the throne, transmitted to sir William Berkeley a commission as governor of Virginia. He was instructed, among other things, to call an assembly, and to assure it of the intention of his majesty to grant a general pardon to all persons, other than those who were attainted by act of parliament, provided all acts made during the rebellion, derogating from the obedience to the King and his government, should be repealed. The instructions also directed him to confirm

any imposts the assembly might think fit to CHAP. V. establish for the general benefit, applying 1660. thereout one thousand pounds for his own salary; and to revoke such grants of lands as had been made contrary to the instructions of Charles I. and the good of the people.

The assembly, which had been summoned in March 1660, to meet in the name of the king who was not at that time acknowledged in England, and which had been prorogued by the governor to the March following, then convened 1661. and engaged in the necessary but arduous task of revising the laws of the colony. One of the motives assigned for making this legislative digest of their legal code strongly marks the prevailing temper of the day. They declare their intention to be, to repeal and expunge "all unnecessary acts; and chiefly such as might keep in memory their forced deviation. from his majesty's obedience," and to bring into one volume those which are to remain in force.

This laborious work was accomplished; and in its execution, the first object of attention was religion. The church of England was established by law, provision was made for its ministers; and, to preserve the purity and unity of its doctrines and discipline, those only who had received their ordination from some bishop in England, and who should subscribe an engagement to be conformable to the orders and

CHAP. V. Constitution of the church of England and the 1661. laws there established, could be inducted by

the governor; and no others were permitted to preach publicly or privately. The day of the execution of Charles I. was ordered to be kept as a fast, and that of the birth and restoration of Charles II. to be celebrated as a holy day. The duties on exports and tonnage were rendered perpetual; the privilege of the burgesses from arrest was established, and their number fixed; the courts of justice were organized; and a variety of useful and necessary laws were passed, for regulating the interior affairs of the colony.

An effort was made to encourage manufac tures, especially that of silk, which, it was then supposed, might become a staple of Virginia. For each pound of that article which should be raised, a premium of fifty pounds of tobacco was given; and every person was enjoined to plant a number of mulberry trees, proportioned to his quantity of land, to furnish food for the silk worm. But the labour of the colony had long been directed, almost exclusively, to the culture of tobacco and Indian corn; and new habits of industry are seldom introduced, unless they become indispensably necessary. This attempt to multiply the objects of labour seems not to have succeeded, and the acts on this subject were soon repealed.

Vessels owned in Virginia had been heretofore CHAP. V. exempted from the duties on the exportation 1661. of tobacco. A law was now passed declaring those vessels only to be entitled to this privilege, which belonged solely to the inhabitants of that colony, and not such as belonged to partners, some of whom resided elsewhere.

In Maryland, where the proprietor was restored to his government, and Charles acknowledged with joy as their sovereign, the legislature was also convened; and, as in Virginia, its first employment was to manifest its satisfaction with the late revolution: after which, they entered upon subjects of general utility.

Rhode Island, excluded from the confederacy in which the other colonies of New England were united, and dreading danger to her independence from Massachussetts, was well pleased with the establishment of an authority which could overawe the strong and protect the weak. Charles II. was immediately proclaimed, and they not long after deputed Clarke as their agent to the court of that monarch, for the purpose of soliciting a patent, which should confirm their rights to the soil, and to jurisdiction over the country they occupied. The object of his mission was obtained in September, but the charter did not finally pass the seals until the following July. The patentees were incorporated by the name of "the governor and company of the English colony of Rhode Island

1663.

The legislative power was

CHAP. V. and Providence." 1663. vested in an assembly, to consist of the governor, deputy governor, the assistants, and such of the freemen as should be chosen by the towns; the presence of the governor or his deputy, and six of the assistants, was rendered necessary to constitute an assembly. They were empowered to pass laws adapted to the situation of the colony, and not repugnant to those of England. "That part of the dominions of the crown in New England containing the islands in Narraghansetts bay, and the countries and parts adjacent," was granted to the governor and company and their successors, with the privilege to pass through and trade with any other English colonies.

The intelligence of the restoration was unaccompanied in Connecticut by manifestations of either joy or sorrow. Winthrop was deputed to attend to their interests, and in April 1662, he obtained for them a charter incorporating them by the name of "the governor and company of the English colony of Connecticut in New England." The executive, as in the other colonies of New England, consisted of a governor, deputy governor, and assistants. The legislature, which was to be holden twice a year, and was composed of the officers above mentioned and of two deputies from every town, was authorized to appoint annually the governor, assistants, and other officers; to erect