1651 Detail

October 9, 1651 - English Parliament passes the first in a series of Navigation Acts, banning use of anything but English ships in commerce with its colonies.

Oliver Cromwell, above, leader of Parliament, and other English digitaries, parliamentarians, and merchants were profiting from the colonies, but still having trouble with trade policy. There had been a severe recession in English since the 1620's, and they thought that controlling their navigation trade could assist in balancing their trade deficit, which could then be invested in the military. Trade with the colonies was becoming complicated by the dominance of the Dutch, with goods from their trade in the West Indies, as well as trade from other nations, Spain and Portugal among them, from the Mediterranean, impacted their treasury. On August 1, 1650, Parliament had established the first Commission of Trade to promote and regulate English policies on trade.

They also wanted the Dutch out of the Americas, where their New Netherlands colony was encroaching onto the territory they claimed for the Colony of Virgina, i.e. Plymouth, Massachusetts Bay, Jamestown, and more. New Netherlands was splat in the center of them. The Dutch also controlled much of the navigation trade.

At first, they, Parliament members Oliver St. John and Walter Strickland, attempted to gain an alliance with the Dutch, the United Provinces of the Netherlands, through diplomatic means. It was proposed that England and the Dutch take over all possessions of Spain and Portugal. England was already in conflict with French settlements and were constantly wary of what Spain was doing with their settlements to the south. The diplomacy failed. The Dutch did not want another war with Spain (one had just ended), and they proposed a free trade agreement. England did not want that.

St. John thought the next best measure was to pass the Navigation Act, setting rules for shipping into English colonies; it would be done solely on English ships, except for goods produced within the ship's country of origen. Although there was no mention of specific nations within the act, it was assumed pointed toward the Dutch. They took it that way.

However, it was not only perceived in a negative way by the Dutch and New Netherlands. The English colonists themselves chaffed at its implication and the higher rates that English ships charged. It was affecting their profitable trades of sugar in the West Indies, as well as tobacco (Jamestown colony) and fish (New England colonies). The rebelled against the act and flaunted it, continuing to use Dutch ships.

By 1652, the 1st Anglo-Dutch war had started. English ships attacked Dutch merchant vessels who carried banned goods. That would last for two years. Three more wars were to come. They would conclude with the English gaining advantage, seizing New Amsterdam in 1664, and turning it into New York, and garnering the monopoly they wanted in trade with their colonies.

Lasting much longer than that was the distaste in the colonies for the decisions of Parliament against their wishes. The Navigation Act of 1651 and its successors would become a precursor to Acts of Parliament, not only in shipping, but taxation, whether that be for molasses, sugar, or the eventual tea. And that would lead, in more than a few ways, to the American Revolution more than one hundred years hence.

Full Text, Navigation Acts 1651

For the increase of the shipping and the encouragement of the navigation of this nation, which under the good providence and protection of God is so great a means of the welfare and safety of this Commonwealth: be it enacted by this present Parliament, and the authority thereof, that from and after the first day of December, one thousand six hundred fifty and one, and from thence forwards, no goods or commodities whatsoever of the growth, production or manufacture of Asia, Africa or America, or of any part thereof; or of any islands belonging to them, or which are described or laid down in the usual maps or cards of those places, as well of the English plantations as others, shall be imported or brought into this Commonwealth of England, or into Ireland, or any other lands, islands, plantations, or territories to this Commonwealth belonging, or in their possession, in any other ship or ships, vessel or vessels whatsoever, but only in such as do truly and without fraud belong only to the people of this Commonwealth, or the plantations thereof, as the proprietors or right owners thereof; and whereof the master and mariners are also for the most part of them of the people of this Commonwealth, under the penalty of the forfeiture and loss of all the goods that shall be imported contrary to this act; as also of the ship (with all her tackle, guns and apparel) in which the said goods or commodities shall be so brought in and imported; the one moiety to the use of the Commonwealth, and the other moiety to the use and behoof of any person or persons who shall seize the goods or commodities, and shall prosecute the same in any court of record within this Commonwealth.

And it is further enacted by the authority aforesaid, that no goods or commodities of the growth, production, or manufacture of Europe, or of any part thereof, shall after the first day of December, one thousand six hundred fifty and one, be imported or brought into this Commonwealth of England, or into Ireland, or any other lands, islands, plantations or territories to this Commonwealth belonging, or in their possession, in any ship or ships, vessel or vessels whatsoever, but in such as do truly and without fraud belong only to the people of this Commonwealth, as the true owners and proprietors thereof, and in no other, except only such foreign ships and vessels as do truly and properly belong to the people of that country or place, of which the said goods are the growth, production or manufacture; or to such ports where the said goods can only be, or most usually are first shipped for transportation; and that under the same penalty of forfeiture and loss expressed in the former branch of this Act, the said forfeitures to be recovered and employed as is therein expressed.

And it is further enacted by the authority aforesaid, that no goods or commodities that are of foreign growth, production or manufacture, and which are to be brought into this Commonwealth in shipping belonging to the people thereof, shall be by them shipped or brought from any other place or places, country or countries, but only from those of their said growth, production, or manufacture, or from those ports where the said goods and commodities can only, or are, or usually have been first shipped for transportation; and from none other places or countries, under the same penalty of forfeiture and loss expressed in the first branch of this Act, the said forfeitures to be recovered and employed as is therein expressed.

And it is further enacted by the authority aforesaid, that no sort of cod-fish, ling, herring, pilchard, or any other kind of salted fish, usually fished for and caught by the people of this nation; nor any oil made, or that shall be made of any kind of fish whatsoever, nor any whale-fins, or whale-bones, shall from henceforth be imported into this Commonwealth or into Ireland, or any other lands, islands, plantations, or territories thereto belonging, or in their possession, but only such as shall be caught in vessels that do or shall truly and properly belong to the people of this nation, as proprietors and right owners thereof; and the said fish to be cured, and the oil aforesaid made by the people of this Commonwealth, under the penalty and loss expressed in the first branch of this present Act; the said forfeit to be recovered and employed as is there expressed.

And it is further enacted by the authority aforesaid, that no sort of cod, ling, herring or pilchard, or any other kind of salted fish whatsoever, which shall bo caught and cured by the people of this Commonwealth, shall be from and after the first of February, one thousand six hundred fifty three, exported from any place or places belonging to this Commonwealth, in any other ship or ships, vessel or vessels, save only in such as do truly and properly appertain to the people of this Commonwealth, as right owners; and whereof the master and mariners are for the most part of them English, under the penalty and loss expressed in the said first branch of this present Act; the said forfeit to be recovered and employed as is there expressed.

Provided always, that this Act, nor anything therein contained, extend not, or be meant to restrain the importation of any of the commodities of the Straits or Levant seas, laden in the shipping of this nation as aforesaid, at the usual ports or places for lading of them heretofore, within the said Straits or Levant seas, though the said commodities be not of the very growth of the said places.

Provided also, that this Act nor anything therein contained, extend not, nor be meant to restrain the importing of any East India commodities laden in the shipping of this nation, at the usual port or places for lading of them heretofore in any part of those seas, to the southward and eastward of Cabo Bona Esperanza, although the said ports be not the very places of their growth.

Provided also, that it shall and may be lawful to and for any of the people of this Commonwealth, in vessels or ships to them belonging, and whereof the master and mariners are of this nation as aforesaid, to load and bring in from any of the ports of Spain and Portugal, all sorts of goods or commodities that have come from, or any way belonged unto the plantations or dominions of either of them respectively.

Be it also further enacted by the authority aforesaid, that from henceforth it shall not be lawful to any person or persons whatsoever to load or cause to be laden and carried in any bottom or bottoms, ship or ships, vessel or vessels, whatsoever, whereof any stranger or strangers born (unless such be denizens or naturalized) be owners, or masters, any fish, victual, wares, or things of what kind or nature soever the same shall be, from one port or creek of this Commonwealth, to another port or creek of the same, under penalty to every one that shall offend contrary to the true meaning of this branch of this present Art, to forfeit all the goods that shall be so laden or carried, as also the ship upon which they shall be so laden or carried, the same forfeit to be recovered and employed as directed in the first branch of this present Act.

Lastly, that this Act nor anything therein contained, extend not to bullion, nor yet to any goods taken, or that shall be taken by way of reprisal by any ship or ships, having commission from this commonwealth.

Provided, that this Act, or anything therein contained, shall not extend, nor be construed to extend to any silk or silk wares which shall be brought by laud (land sp) from any part of Italy, and there bought with the proceed of English commodities, sold either for money or in barter: but that it shall and may be lawful for any of the people of this Commonwealth to ship the same in English vessels from Ostend, Nieuport, Rotterdam, Middelburg, Amsterdam, or any ports thereabouts, the owners and proprietors first making oath by themselves, or other credible witnesses, before the Commissioners of the Customs for the time being or their deputies, or one of the Barons of the Exchequer, that the goods aforesaid were so bought for his or their own proper account in Italy.

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Blackstone's Comments on the Laws of England regarding the Navigation Acts, 1765

THE maritime ftate is nearly related to the former; though much more agreeable to the principles of our free conftitution. The royal navy of England hath ever been it's greateft defence and ornament: it is it's antient and antural ftrength; the floating bulwark of the ifland; an army, from which, however ftrong and powerful no danger can ever be apprehended to liberty; and accordingly it has been affiduoufly cultivated, even from the earlieft ages. To fo much perfection was our naval reputation arrived in the twelfth century, that the code of maritime laws which are called the laws of Oleron, and are received by all nations in Europe as the ground and fubftruction of all their marine conftitutions, was confeffedly compiled by our king Richard the firft, at the ifle of Oleron on the coaft of France, then part of the poffeffions of the crown of England. And yet, fo vaftly inferior were our anceftors in this point to the prefent age, that even in the maritime reign of queen Elizabeth, fir Edward Coked thinks it matter of boaft, that the royal navy of England then confifted of three and thirty fhips. The prefent condition of our marine is in great meafure owing to the falutary provifions of the ftatutes, called the navigation-acts; whereby the conftant increafe of Englifh fhipping and feamen was not only encouraged, but rendered unavoidably neceffary. By the ftatute 5 Ric. II. c. 3. in order to augment the navy of England, then greatly diminifhed, it was ordianed, that none of the king's liege people fhould fhip any merchandize out of or into the realm but only in fhips of the king's ligeance, on pain of forfeiture.

In the next year, by ftatute 6 Ric. II. c. 8. this wife provifion was enervated, by only obliging the merchants to give Englifh fhips (if able and fuffcient) the preference. But the moft beneficial ftatute for the trade and commerce of thefe kingdoms if that navigation-act, the rudiments of which were firft framed in 1650, with a narrow partial view: being intended to mortify the fugar iflands, which were difaffected to the parliament and ftill held out for Charles II, by ftopping the gainful trade which they then carried on with the Dutch; and at the fame time to clip the wings of thofe our opulent and afpiring neighbours. This prohibited all fhips of foreign antions from trading with any Englifh plantations without licence from the council of ftate. In 1651 the prohibition was extended alfo to the mother country; and no goods were fuffered to be imported into England, or any of it's dependencies, in any other than Englifh bottoms; or in the fhips of that European nation of which the merchandize imported was the genuine growth or manufacture. At the reftoration, the former provifions were continued, by ftatute 12 Car. II. c. 18. with this very material improvement, that the mafter and three fourths of the mariners fhall alfo be Englifh fubjects.

Source: Painting of Oliver Cromwell, 1656, After Samuel Cooper. Courtesy National Gallery via Wikipedia Commons. Image below: Montage of Pilgrims Going to Church in Winter (background), 1867, George Henry Boughton; and Edward Winslow (inset), Representative of Plymouth at the New England Confederation meeting, 1651, School of Robert Walker. Courtesy New England Historical Society (Boughton), Pilgrim Hall Museum (Walker), via Wikipedia Commons. Info source: Avalon Project, Documents in Law, History, and Diplomacy, Yale Law School, Commentaries on the Laws of England, Blackstone, William, Sir, 1723-1780, First Edition, Oxford: Printed at the Clarendon Press, 1765-1769; stamp-act-history.com; bcw-project.org; Wikipedia.

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Harvard House, 1899, Detroit Publishing Company. Courtesy Library of Congress.

Painting of Oliver Cromwell, 1656, After Samuel Cooper. Courtesy National Gallery via Wikipedia Commons.

ABH Travel Tip

You can visit much of the Pre-Revolution history of the United States throughout the many trails and historic sites of the nation. And don't miss out on the Native American history throughout Florida or other regions. The history of the nation and North America comes from the culture of the many tribes that made up the mosaic of human culture in each state. They were here before the majority of us, after all, and their history is an amazing collection of wonder, beauty, and dedication to the land that sits beneath us.

Montage of old New Sweden home (left), Nothnagle Log House in New Jersey, built 1638, 2010. Courtesy Wikipedia Commons; and drawing of New Amsterdam, Painting of Oliver Cromwell, 1656, After Samuel Cooper. Courtesy National Gallery via Wikipedia Commons.

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