However uncertain we may be regarding the influence of Povey and Noell in shaping the policy of Clarendon and the King, that uncertainty disappears as soon as we examine the instructions which were drafted to accompany the commission for a Council for Foreign Plantations. The instructions are little more than a verbal reproduction of the "Overtures" which Povey drafted some time during the summer of 1660 for presentation to the King. They are based on the earlier overtures and proposals and certain passages can be traced back unchanged to the first "Overture" of 1654. Seven of the eleven clauses are taken from the Povey papers as follows:

Overtures.Instructions.
They may forthwith write letters to everie Governour ... requiring an exact and perticular Account of the State of their affairs; of the nature and constitution of their Lawes and Government, and in what modell they move; what numbers of them, what Fortifications, and other Strengths, and Defences are upon the Places. 2. You shall forthwith write letters to evrie of our Governors ... to send unto 3. you ... perticular and exact accompt of the state of their affaires; of the nature and constitution of their lawes and governmt and in what modell and frame they move and are disposed; what numbers of men; what fortifications and other strengths and defences are upon the place.
To apply to all prudentiall meanes for the rendering these Dominions usefull to England, and England helpfull to them; and that the Severall Pieces, and Collonies bee drawn and disposed into a more certaine, civill, and uniform waie of Government; and distribution of publick justice. 5. To applie your selves to all prudentiall means for the rendering those dominions usefull to England, and England helpful to them, and for the bringing the severall Colonies and Plantacons, within themselves, into a more certaine civill and uniforme [waie] of government and for the better ordering and distributeing of publicque justice among them.
To settle such a continuall correspondencie, that it may be able to give upp an account once a yeare to his Matie of the Goverment of each Place; of their Complaints, their Wants, their Aboundance, of everie Shipp trading there, and its lading; and whither consign'd; and to know what the proceeds of that Place have been that yeare; whereby the instrinsick value, and the true condition of each part and of the whole may be thoroughly understood; and whereby a Ballance may be erected for the better ordering and disposing of Trade, and of the growth of the Plantations, that soe, each Place within itself and all of them being as it were made up into one Comonwealth, may by his Matie bee heere governd, and regulated accordingly, upon common and equal principles. 4. To order and settle such a continuall correspondencie that you may be able, as often as you are required thereunto, to give up to us an accompt of the Governmt of each Colonie; of their complaints, their wants, their abundance; of their severall growths and comodities of every Shipp Tradeing there and its ladeing and whither consigned and what the proceeds of that place have beene in the late years; that thereby the intrinsick value and the true condicon of each part of the whole may be thoroughly understood; whereby a more steady judgemt and ballance may be made for the better ordering and disposing of trade & of the proceede and improvemts of the Plantacons; that soe each place within it selfe, and all of them being collected into one viewe and managemt here, may be regulated and ordered upon common and equall ground & principles.
To enquire diligently into the Severall Governments and Councells of Plantations belonging to forreigne Princes, or States; and examine by what Conduct and Pollicies they govern, or benefitt their own Collonies, and upon what Grounds. And is to consult and provide soe, that if such Councells be good, wholesome, and practicable, they may be applyed to our use; or if they tend, or were designed to our prejudice or Disadvantage, they may bee ballanced, or turned-back upon them. 6. To enquire diligently into the severall governmts and Councells of Colonies Plantacons and distant Dominions, belonging to other Princes or States, and to examine by what conduct and pollicies they govern or benefit them; and you are to consult and provide that if such councells be good wholesome and practicable, they may be applied to the case of our Plantacons; or if they tend or were designed to the prejudice or disadvantage thereof or of any of our subjects or of trade or comerce, how then they may be ballanced or turned back upon them.
To receive, debate, and favour all such Propositions as shall be tendered to them, for the improvement of any of the forreigne Plantations, or in order to any other laudable and advantageous enterprize. To call to its Advice and Consultation from time to time, as often as the matter in debate and under consideration shall require, any well experienced Persons, whether Mechants, or Seamen, or Artificers. 11. To advise, order, settle, and dispose of all matters relating to the good governmt improvement and management of our Forraine Plantacons or any of them, with your utmost skill direccon and prudence. 7. To call to your assistance from time to time as often as the matter in consideration shall require any well experienced persons, whether merchants, planters, seamen, artificers, etc.

In the "Overtures" there are no clauses corresponding to those in the Instructions relating to the enforcement of the Navigation Act or to the spread of the Christian religion; these may well be deemed Restoration additions, inserted at Clarendon's request. But the clause concerning the transportation of servants, poor men, and vagrants may well have been Povey's own, for both Povey and Noell were interested in the question and Noell had been in the business since 1654. In the "Queries" is the following paragraph:

"Whither the weeding of this Comon Wealth of Vagabonds, condemned Persons and such as are heere useless and hurtful in wars and peace, and a settled course taken for the transporting them to the Indias and thereby principally supplying Jamaica is not necessary to be consulted."

Among the Povey papers is one entitled "Certain propositions for the better accommodating the Forreigne Plantacons with Servants," which Povey may have drawn up. Hence, there is no good reason to doubt but that Povey wrote the entire draft of these instructions himself. Even those portions that are not to be found in the "Overtures" are written in Povey's peculiar and rather stilted style.

That Povey and Noell were the authors of the instructions given to the Council of Trade it is not so easy to demonstrate. A preliminary sketch of "Instructions for a Councill of Trade" as well as a copy of the final instructions are to be found among the Povey papers and both Povey and Noell were sufficiently familiar with the requirements of trade at that period to have drafted such a document. The fact that the second paper is but an elaboration of the first leads to the conclusion that they bear to each other much the same relation that the "Overtures" bear to the Instructions for the Council of Plantations:

First Draft.Final Instructions.
1. You shall in the first place consider, and propound how to remedy inconveniencys of the the English trade, in all the respective dominions of those Princes and States with whom his Matie may renew Alliance, and to that end make due enquiry into such former treaties as relate to Trade. 1. You shall take into your consideration the inconveniences wch the English Trade hath suffered in any Partes beyond the Seas, And are to inquire into such Articles of former Treaties as have been made with any Princes or States in relation to Trade, And to draw out such Observations or Resolutions from thence, as may be necessary for us to advise or insist upon in any forreigne Leagues or Allyances. That such evills as have befallen these our Kingdomes through the want of good information in these great and publique concernmts may be provided against in tyme to come.
What Articles have bin provided in favour of the Trade of his Maties Subjects, How they have been neglected & Violated, What new Capitulations may be necessary pro Ratione Rerum, et temporum. And those, either in Relation: 1. To the freedome of Sale of your Commodities of all sorts, as to price & payment. 2. To the best expedition of Justice for recovery of your debts. 3. To the security of the Estates of all factors, and their Principalls in case of the factor's death. 4. To the Prevention of the Interruption of the Trade & Navigation, by Embargos of forraigne Princes & States, or imprestinge your Shipps to their Service. 5. To the Interest of all Trades that are or shall be incorporated by his Maties Charters, what jurisdictyon is necessary to be obtained from our Allies, for the more regular government of the Trade & members of those Corporations in forraigne factoryes. 2ly. And next you shall consider, how the reputation of all the manufactures of his Maties Kingdome may be recovered by a just regulation and standard of weight, length, and breadth, that soe the more profitable and ample Vent of them may be procured. 2. You are to consider how & by whome any former Articles or Treatyes have been neglected or violated, what new Capitulations are necessary either to the freedome of Sale of your Commodities of all sorts, as to price & payment, Or to the best expedition of Justice to the recovery of Debts, or to the Security of Estates of all factors & their Principalls in case of the factor's Death, Or to the prevention of those interruptions wch the Trade & Navigations of our Kingdomes have suffered by Imbargoes of forreigne Princes or States, Or Imprestinge the Shipps of any of our Subjects, for their Service. 3. You are to consider well the Interest of all such trades as are or shall be Incorporated by our Royall Charters, & what Jurisdictions are necessary to be obteyned from such as are, or shall be in Allyance with us, for the more regular managemt & governmt of the Trade, & of the members of those our Corporations & forreigne factories. 4. You are to consider of the several Manufactures of these our Kingdomes how & by what occasions they are corrupted, debased & disparaged, And by what probable meanes they may be restored & maintained in their auncyent goodness & reputation, And how they may be farther improved to there utmost advantage by a just Regulation & Standard of weight Length & Breadth, that soe the private profitt of the Tradesmen or Merchants may not destroy the Creditt of the Commodity, & thereby render it neglected & unvended abroad, to the great loss & scandall of these our Kingdomes. 5. You are also to take into your Consideration all the native Commodities of the growth & production of these our Kingdomes, and how they may be ordered, nourished, increased & manifactured to the ymployment of our People and to the best advantage of the Publique.
4ly. How the fishinge Trades of Newfound Land, the Coasts of England, Irland, & New England may be most improoved, and regulated to the greatest advantage of the Stocke and navigation of the nation, by excludinge the intrusion of our neighbors into it. 6. You are especially to consider of the whole business of fishings of these our Kingdomes or any other of our distant Dominions or Plantations & to consult of some effectuall meanes for the reinforceing encouraging & encreasinge, and for the regulating & carryinge on of the Trade in all the Parts thereof. To the end That the People and Stock, and Navigation of these our Kingdomes may be ymployed therein and our Neighbors may not be enricht with that which soe properly & advantagiously may be undertooke & carryed on by our own Subjects.
3ly. How the Trade of the Kingdome to forraigne parts may be soe menaged and proportioned, that we may in every part be more Sellers than buyers, that thereby the Coyne and present Stocke of money may be preserved and increased. 7. You are seriously to consider & enquire whether the Importation of forreigne Commodityes doe not over-ballance the Exportations of such as are Native, And how it may be soe Ordered remedied, & proportioned that we may have more Sellers than Buyers in every parte abroad, And that the Coyne & present Stock of these our Kingdomes, may be preserved & increased, We judging, that such a Scale & Rule of proportion is one of the highest and most prudentiall points of Trade by wch the riches & strength of these our Kingdomes, are best to be understood & maintained. 8. You are to consider & examine by what wayes & means other Nations doe preferr their owne growths & Manifactures, & Importations, & doe discourage & suppress those of these our Kingdomes, & how the best contrivances and managemt of Trade, exercysed by other Nations may be rendred applicable & practicable by these our Kingdomes. 9. You are well to consider all matters relatinge to Navigation, & to the increase, & the Security thereof. 10. You are thoroughly to consider the severall matters relatinge to Money, how Bullonge may be best drawne in hither, & how any Obstructions upon our Mynt may be best removed.
5ly. How the forraigne Plantations may be made most useful to the Trade & Navigation of these Kingdomes. 11. You are to consider the general State & Condition of our forreigne Plantations & of the Navigation Trade & severall Commodityes ariseinge thereupon, & how farr theire future Improvemt & Prosperitie may bee advanced by any discouragement Imposition or Restraint, upon the Importation of all goods or Commodityes wth which those Plantations doe abound, and may supply these our Kingdomes, And you are alsoe in all matters wherein our forreigne Plantations are concerned to take advise or information (as occasion shall require) from the Councell appointed & sett apart by us to the more perticuler Inspection Regulation and Care of our forreigne plantations. 12. You are to consider how the transportation of such things may be best restreined and prevented, as are either forbidden by the Lawe, or may be inconvenient, or of disadvantage by being transported out of these our Kingdomes and dominions.[10]

The councils thus commissioned and instructed soon met for organization and business, the Council for Plantations holding its preliminary session December 10, 1660, in the Star Chamber, and all remaining meetings in the Inner Court of Wards; the Council for Trade meeting, first, in Mercer's Hall, near Old Jewry, afterwards in certain rooms in Whitehall, still later in a rented house which was consumed in the great fire, and, after 1667, in Exeter House, Strand. Philip Frowde became the clerical secretary of the Plantation Council and George Duke secretary of the Council of Trade, a position that he seems to have lost in 1663 but to have resumed again before 1667. The meetings were attended chiefly by the non-conciliar members, for it was usually the rule that privy councillors were to be present only when some special business required their coöperation. Both councils were organized in much the same manner, with a number, at least seven, of inferior officers, clerks, messengers, and servants, and in both cases journals of proceedings and entry books containing copies of documents, patents, charters, petitions, and reports were kept.[11] Whether minutes were taken of the meetings of the subcommittees is doubtful; no such papers have anywhere been found.

The Council for Plantations had a continuous existence from December 10, 1660, when the preliminary meeting was held, probably until the spring of 1665, though August 24, 1664, is the date of its last recorded sitting. During that time it shared in the extraordinary activity which characterized the early years of the Restoration and represents, as far as such activity can represent any one person, the enthusiasm of the Earl of Clarendon. There was not an important phase of colonial life and government, not a colonial claim or dispute, that was not considered carefully, thoroughly, and, in the main, impartially by the Council.[12] The business was nearly always handled, in the first instance, by experts, for with few exceptions the working committees were made up of men who had had intimate experience with colonial affairs or were financially interested in their prosperity. The first committee, that of January 7, 1661, for example, was composed of Sir Anthony Ashley Cooper, who had been on plantation committees during the Interregnum; Robert Boyle, president of the Corporation for the Propagation of the Gospel in New England and one of the founders of the Royal Society; Sir Peter Leere and Sir James Draxe, old Barbadian planters; Edmund Waller, poet and parliamentarian, who had been interested in colonial affairs for some years; General Venables, who knew Jamaica well; Thomas Povey, Edward Digges, John Colleton (soon to be Sir John), Martin Noell (soon to be Sir Martin), and Thomas Kendall, all merchants and experts on colonial trade, and Middleton, Jefferies, Watts, and Howe, sea-captains and merchants in frequent touch with the colonies. Other committees were made up in much the same way, although the number of members was usually smaller. When letters were to be written or reports drafted that required skill in composition and embodiment in literary form, we find the task entrusted to Povey alone or to Povey assisted by the poets Waller and Sir John Denham. Povey was, indeed, the most active member of the Council, serving as its secretary in much the same capacity as on the Committee for America from 1657 to 1660.[13] On both these boards he exemplified his own recommendation that there should be on the Council "a Person who is to be more imediately concern'd and active than the rest ... allwaies readie to give a full and digested account and consideracon of any particular relating to those Affaires." Among the Povey papers are many drafts of letters and reports in process of construction, bearing erasures and additions which point to Povey as their author.[14]