PART I

A. D. 1651.

A CUSTOM-HOUSE regulation was fubjoined, of a fort that will frequently be met 42. ED. I. TO with in other laws relating to the plantations. Security was to be given to the commiffioners of the customs for really exporting fuch merchandize to the plantations, there to be ufed; and a certificate was to be returned from thence, within one year after the lading, of the ship's arrival and discharge in the plantations. Permiffion was given to entertain and tranfport to the plantations, perfons, fubjects of this kingdom, who were willing to ferve and be employed in them, provided the names of such persons were registered in the custom-house, and no force were used to take up fuch fervants, nor any apprentices were enticed to defert their mafters, or children under age admitted without exprefs confent of their parents; and provided a certificate, within one year of the arrival, should be returned from the governor, or other chief officer, that no fraud was used to carry fuch perfon to any other place.

AFTER these provifions another was added, which more particularly belongs to our fubject, and which is added in the form of a provifo, and was meant as a condition to be performed

PART I.

42. ED. III. TO

performed on the part of the plantations, to intitle them to the benefits intended them .D. 1651 by this ordinance. "Provided, That none "of the faid plantations do fuffer or permit

66

66

any fhip, bark, or veffel, to take in any

goods of the growth of the faid planta❝tions, from any of their ports, and carry "them to any foreign parts and places, 66 except in English bottoms. And in cafe

any of the faid plantations fhall offend "herein, then the plantation fo offending "fhall be excluded from the benefit of the "ordinance, and fhall pay cuftom, as other "merchants do to France, Spain, Holland, "and other foreign parts."

In this manner was brought forward another principle of our fyftem of navigation, that of confining to the mother-country the trade of its colonies and plantations; which we fhall fee adopted and completely fecured in the more permanent and extensivę policy that was foon to be eftablished.

BEFORE We come to that, we find fome of the foreign plantations, having attached themfelves to the cause of the exiled family, had incurred the difpleafure of the ruling authority in this kingdom; and an ordi

nance

nance was paffed by the parliament, 3d Oc-
tober 1650, for difcontinuing any further in-
tercourfe with them, and for declaring them
in a state of rebellion. This ordinance is
intituled, Trade with the BARBADA, VIRGI
NIA, BERMUDA's, and ANTEGO, prohibited.
This ordinance declares those colonies and
plantations to have been planted at the cost,
and fettled by the people and the authority,
of this nation; and that they were, and
ought to be, fubordinate to, and dependent
upon, England; and had ever fince the
planting thereof been, and ought to be,
fubject to fuch laws, orders, and regulations,
as were and should be made by the par-
liament of England.
It then alledges,
that divers perfons inhabiting therein had
ufurped a power of government, feized the
eftates of many, banished others, and fet
themselves up in oppofition to, and diftinct
from, this ftate and commonwealth; they
were therefore declared robbers, rebels, and
traitors; and the parliament forbade to all
manner of perfons, foreigners and others,
all manner of commerce, traffic, and cor-
refpondence, whatfoever, to be held with
thofe rebels. Power was accordingly there-
by given to feize and take all fhips and
goods of perfons trading, or going to trade,

or

PART I.

42. ED III. To

A. D. 1651.

or coming from trading, with them, or holding correfpondence with, or yielding them any affiftance. Ships and goods were not to be embezzled, but to be proceeded against in the court of admiralty.

Ar the fame time the parliament laid a restriction upon all the plantations in general; which has continued, in fome degree, to the present time. "To prevent for the "time to come, and to hinder the carrying

over of any such persons as are enemies. 66 to this commonwealth, or that may prove "dangerous to any of the English planta"tions in America, the parliament doth "forbid and prohibit all fhips of any foreign "nation whatsoever to come to, or trade

in, or traffic with, any of the English "plantations in America, or any islands,

ports, or places thereof, which are planted "by, and in poffeffion of, the people of "this commonwealth, without licence first "had and obtained from the parliament or "council of ftate." And power was given to feize all foreign fhips fo circumstanced, and not having fuch licence; and they, with their goods, were declared to be prize.

WITH refpect to the plantations in actual rebellion, power was delegated to the council of state to grant licence and leave to any ship of this nation to trade thither, notwithftanding this act. The council of state were also authorised to send a naval force thither, and to grant commiffions to enforce obedience; and also to grant pardons, and appoint governors, and to do and use all lawful means to fettle and preserve them in peace, till the parliament took further order therein.

SUCH was the nature of the prohibitory law paffed on that occafion; and fo early in the parliamentary history of our colonies was a model afforded to be followed in aftertimes, when it was judged that the like remedy should be applied for correcting disorders of a fimilar fort.

BUT the grand fcheme for establishing English shipping and navigation on a footing of distinction that had never been before attempted, was brought forward in the following year.

PART I.

42. ED. III. TO

A. D. 1851.

THIS was the famous Act of Navigation A of Navi. gation 165. paffed by the parliament 9th October 1651.

In