instrument, they acknowledge themselves the loyal subjects of the king; and promise all due subjection and obedience to the colony: but we hear nothing concerning the parliament. Silence is sometimes expressive: it seems to be strongly so in this instance.

About sixty years afterwards, and during the reign of Charles the second, the general court of that colony exhibit the following natural account of the principles, on which the first settlement was made. "The first comers here," say they, "having first obtained leave of king James, of happy memory, did adventure, at their own proper costs and charges, through many foreseen and afterwards felt sufferings, to break the ice, and settle the first English plantation in this then uncultivated remote part of your dominions. We have had now near about sixty years lively experience of the good consistency of the order of these churches with civil government and order, together with loyalty to kingly government and authority, and the tranquillity of this colony. May it therefore please your most excellent majesty to favour us with your gracious letters patent for our incorporation into a body politick, with singular the privileges as your majesty has been accustomed to grant to other colonies, so to your majesty's colony of Connecticut." Still no mention is made of parliament: still no application is made to that body. These omissions could not have been owing to accident: they must have been intentional. Before this time, the pretensions of parliament, during the existence of the commonwealth, had been both known and felt; and, at this time, must have been remembered.

y Chal. 106. 107.

By the charter of Rhode Island, granted in the fourteenth year of Charles the second, the king grants and confirms all that part of his dominions in New England in America, containing the Narraghanset Bay, and countries and parts adjacent, &c. Here, also, no notice is taken of the parliament.

The following transactions relating to Virginia, exhibit, in a very striking point of view, the sentiments both of the king and of the colonists, concerning the interfe rence of parliament with the business of colonial adminis tration. Sir William Berkely, who, in the year 1639, was appointed governour of that colony, was, among other things, directed to summon the burgesses of all the plantations, who, with the governour and council, should constitute the grand assembly, with power to make acts for the government of the colony, as near as may be to the laws of England.

A discontented party in Virginia contrived, in what particular manner is not mentioned, to have a petition presented, in the name of the assembly to the house of commons, praying a restoration of the ancient patents and corporation government. The governour, the council, and the burgesses no sooner heard of a transaction so contrary to truth and their wishes, than they transmitted an explicit disavowal of it to England; and, at the same time, sent an address to the king, acknowledging his bounty and favour towards them, and earnestly desiring to continue under his immediate protection. In that address, they desired that the king would, under his royal signet, confirm their declaration and protestation against the petition presented, in their names, to the house of commons, and transmit that confirmation to Virginia.

;

The king expresses strong satisfaction with this address declares that their so earnest desire to continue under his immediate protection is very acceptable to him; and informs them, that he had not before the least intention to consent to the introduction of any company over the colony; but that he was much confirmed in his former resolutions by the address; since he would think it very improper to change a form of government, under which his subjects there received so much content and satisfaction. He transmits to them, under his royal signet, his approbation of their petition and protestation.

In the colony of Massachussetts, the famous navigation act, made by the English parliament, met with a strong and steady opposition. It was not enforced by the governour annually chosen by the people, whose interest it was that it should not be observed. Of consequence, no custom house was established. The colony carried on the greater part of the trade of the plantations to every quarter of the globe and vessels from every European country, from France, from Spain, from Italy, from Holland, were crowded together in the harbour of Boston. This prosperous situation excited the envy and the jealousy of the mercantile and manufacturing interests in England. These principles produced, from the merchants and manufacturers, a representation to Charles the second; in which they prayed, that the colonies might receive no supplies but from England; and that the subjects of New England might be compelled to trade according to law. When information of these measures was transmitted to Massachussetts by her agents in England; the general court avowed the conduct of the

z Chal. 121. 122. 133. 134.

colony; justified that conduct in point of legality; and stated the sacrifice which it was willing to make of its interests, though not of its rights. It acknowledged that no regard had been paid to the laws of navigation. It urged that those laws were an invasion of the rights and privileges of the subjects of his majesty in that colony, they not being represented in the parliament; because, according to the usual sayings of the learned in the law, the laws of England were bounded within the four seas, and did not reach America; but that, as his majesty had signified his pleasure, that those laws should be observed, it had made provision, by an ordinance of the colony, which obliged masters of vessels to yield faithful obedience, and commanded officers to see them strictly observed.

A letter written in the year 1698 from governour Nicholson of Maryland to the board of trade shows that the sentiments of the colony of Massachussetts, with regard to the authority of acts of parliament, had, when the letter was written, become general in the colonies. "I have observed that a great many people in all these provinces and colonies, especially in those under proprietaries, and the two others under Connecticut and Rhode Island, think that no law of England ought to be in force and binding to them without their own consent: for they foolishly say they have no representatives sent from themselves to the parliament of England: and they look upon all laws made in England, that put any restraint upon them, to be great hardships.""

a Chal. 400. 407.408.

Chal. 442. 443.