[937] State Papers, Dom., ibid., 264, 265.
[938] Memoires relating to the State of the Royal Navy of England for Ten Years, determin’d December 1688. London, 1690.
[939] Dumont, Corps Diplomatique, VII. ii. 236. Wagenaar, Vaderlandsche Historie, c. lxi.
[940] Valin, Nouveau Commentaire sur l’Ordonnance de la Marine, &c., ii. 689.
[941] Dumont, op. cit., VII. ii. 230.
[942] “Upon your meeting with any ship or ships within his Majestie’s Seas, (which for your better guidance herein, you are to take notice that they extend to Cape Finisterre) belonging to any foreign Prince or State, you are to expect them in their passage by you, to strike their topsail and take in their flag, in acknowledgment of his Majestie’s Sovereignty in these Seas; and if any shall refuse, or offer to resist, you are to use your utmost endeavour to compel them therto, and in no wise to suffer any dishonour to be done to his Majesty; and in case any of his Majestie’s subjects shall be so far forgetful of their duty, as to omit striking their topsail as they pass by you, when it may be done without the loss of the voyage, you are to bring them to the Flag to answer their contempt, or otherwise to return the name of the ship and of the master to the Secretary of the Admiralty, or the Lord High Admiral of England, or the Commissioners for executing the office of Lord High Admiral for the time being, as also the place whence and the port to which he shall be bound. And you are to make the master of such ship pay the charge of what shot you shall make at her. And you are further to take notice that in his Majestie’s Seas his Majestie’s ships are in no wise to strike to any; and that in other parts no ship of his Majestie’s is to strike her flag or topsail to any foreigner, unless such foreign ship shall have first struck, or at the same time strike, her flag or topsail to his Majestie’s ship, except in the harbour of some foreign Prince, or in the road within shot of cannon of some fort or castle, where you are to send on shore to inform yourself what return they will make to your salute. And in case you have good assurance you shall be answered gun for gun, you are then to salute the port as is usual; but if you shall not be well assured that you shall have an equal number of guns returned you, you are in no wise to salute that place. And in case the ship in which you now command shall at the same time carry his Majestie’s flag, you are, before you salute the place, carefully to inform yourself how flags of the same quality with that you carry, of other Princes, have been saluted there, and you are to insist on it being saluted with as great respect and advantage as any flag of the same quality with yours, of any other Prince, hath been saluted in that place, from which you are in no wise to depart.” Art. xxxv. 1691. State Papers, Dom., H. O. Admiralty, 1, No. 14. Justice, A General Treatise of the Dominion and Laws of the Sea, 595.
[943] Regulations and Instructions relating to His Majesty’s Service at Sea. Established by His Majesty in Council. 2nd edition, 1734, Art. xi. Ibid., 10th edition, 1766. Ibid., 13th edition, 1790.
[944] State Papers, Dom., H. O. Admiralty, 5, 1108, October 19.
[945] State Papers, Dom., Petition Entry Book, 3, 90.
[946] Justice, op. cit., 193.