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Promoting Irish Culture and History from Little Rock, Arkansas, USA


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The Tender of Union Comes Into Effect

flag-of-the-commonwealth

The Tender of Union, a declaration of the Parliament of England during the Interregnum following the War of the Three Kingdoms, comes into effect on April 12, 1654. The ordinance states that Scotland will cease to have an independent parliament and will join England in its emerging Commonwealth republic.

The English parliament passes the declaration on October 28, 1651 and after a number of interim steps an Act of Union is passed on June 26, 1657. The proclamation of the Tender of Union in Scotland on February 4, 1652 regularises the de facto annexation of Scotland by England at the end of the Third English Civil War. Under the terms of the Tender of Union and the final enactment, the Scottish Parliament is permanently dissolved and Scotland is given 30 seats in the Westminster Parliament. This act like all the others passed during the Interregnum is repealed by both Scottish and English parliaments upon the Restoration of monarchy under Charles II.

On October 28, 1651 the English Parliament issues the Declaration of the Parliament of the Commonwealth of England, concerning the Settlement of Scotland, in which it is stated that “Scotland shall, and may be incorporated into, and become one Common-wealth with this England.” Eight English commissioners are appointed, Oliver St. John, Sir Henry Vane, Richard Salwey, George Fenwick, John Lambert, Richard Deane, Robert Tichborne, and George Monck, to further the matter. The English parliamentary commissioners travel to Scotland and at Mercat Cross, Edinburgh on February 4, 1652, proclaim that the Tender of Union is in force in Scotland. By April 30, 1652 the representatives of the shires and Royal burghs of Scotland have agreed to the terms which include an oath that Scotland and England be subsumed into one Commonwealth. On the April 13, 1652, between the proclamation and the last of the shires to agree to the terms, a bill for an Act for incorporating Scotland into one Commonwealth with England is given a first and a second reading in the Rump Parliament but it fails to return from its committee stage before the Rump is dissolved. A similar act is introduced into the Barebone’s Parliament but it too fails to be enacted before that parliament is dissolved.

On April 12, 1654, the Ordinance for uniting Scotland into one Commonwealth with England is issued by the Lord Protector Oliver Cromwell and proclaimed in Scotland by the military governor of Scotland, General George Monck. The Ordinance does not become an Act of Union until it is approved by the Second Protectorate Parliament on June 26, 1657 in an act that enables several bills.


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The Navigation Act 1651

The Navigation Act 1651 is passed on October 9, 1651, by the Rump Parliament led by Oliver Cromwell. It authorises the Commonwealth of England to regulate trade within the colonies. It reinforces a long-standing principle of government policy that English trade should be carried in English vessels. The Act is a reaction to the failure of the English diplomatic mission led by Oliver St. John and Walter Strickland to The Hague seeking a political union of the Commonwealth with the Republic of the Seven United Netherlands, after the States of Holland had made some cautious overtures to Cromwell to counter the monarchical aspirations of stadtholder William II, Prince of Orange.

The stadtholder dies suddenly, however, and the States are now embarrassed by Cromwell taking the idea too seriously. The English propose the joint conquest of all remaining Spanish and Portuguese possessions. England would take America and the Dutch would take Africa and Asia. But the Dutch have just ended their war with Spain and already taken over most Portuguese colonies in Asia, so they see little advantage in this grandiose scheme and propose a free trade agreement as an alternative to a full political union. This again is unacceptable to the British, who would be unable to compete on such a level playing field, and is seen by them as a deliberate affront.

The Act bans foreign ships from transporting goods from outside Europe to England or its colonies, and bans third-party countries’ ships from transporting goods from a country elsewhere in Europe to England. These rules specifically target the Dutch, who control much of Europe’s international trade and even much of England’s coastal shipping. It excludes the Dutch from essentially all trade with England, as the Dutch economy is competitive with, not complementary to the English, and the two countries therefore exchange few commodities. This Anglo-Dutch trade, however, constitutes only a small fraction of total Dutch trade flows.

The Act is often mentioned as a major cause of the First Anglo-Dutch War, though it is only part of a larger British policy to engage in war after the negotiations have failed. The English naval victories in 1653 (the Battle of Portland, the Battle of the Gabbard and the Battle of Scheveningen) show the supremacy of the Commonwealth navy in home waters. However, farther afield the Dutch predominate and are able to close down English commerce in the Baltic and the Mediterranean. Both countries hold each other in a stifling embrace.

The Treaty of Westminster (1654) ends the impasse. The Dutch fail to have the Act repealed or amended, but it seems to have had relatively little influence on their trade. The Act offers England only limited solace. It cannot limit the deterioration of England’s overseas trading position, except in the cases where England herself is the principal consumer, such as the Canary Islands wine trade and the trade in Puglian olive oil. In the trade with the West Indies, the Dutch keep up a flourishing “smuggling” trade, thanks to the preference of English planters for Dutch import goods and the better deal the Dutch offer in the sugar trade. The Dutch colony of New Netherland offers a loophole through intercolonial trade wide enough to drive a shipload of Virginia tobacco through.

The 1651 Act, like other laws of the Commonwealth period, is declared void on the Restoration of Charles II of England, having been passed by “usurping powers.” Parliament therefore passes new legislation. This is generally referred to as the “Navigation Acts,” and, with some amendments, remains in force for nearly two centuries.