Besides the Public Offices there are a number of corporate bodies whose functions are of a public nature and who have the right to fly a special flag upon their vessels at sea. The most ancient of these is the Corporation of Trinity House, a body first incorporated by Henry VIII in 1514. Its flag ([Plate XII], fig. 4) may be seen flying upon the Trinity yacht when leading the Admiralty and Royal yachts during a review of the fleet, or when escorting the sovereign at sea; on such occasions the Trinity yacht flies also a white ensign. The duties of this Corporation are, however, mainly concerned with the erection and maintenance of lighthouses, beacons and other sea marks around the English coast. Similar duties in Scottish waters are performed by the Commissioners of Northern Lighthouses, who fly upon their vessels a blue ensign with a white lighthouse in the fly, the Commissioners' own flag being a form of white ensign without the St Patrick's cross in the Union, and with a blue lighthouse but no St George's cross in the fly. Vessels belonging to Lloyds fly a blue ensign with the badge shown in [Plate XII], fig. 10. The Port of London Authority, Thames Conservancy, Humber Conservancy, and Mersey Docks and Harbour Board have each their special badge, but these are of no historical interest. The modern Cinque Ports flag ([Plate XII], fig. 5) is now never flown at sea, but is flown upon Walmer Castle, the residence of the Lord Warden.
[(iv) MERCHANT SHIPS]
As already remarked, the first legislative enactment providing for a distinction between the flags of merchantmen and ships belonging to the Crown was in the year 1634. We shall briefly review the position of affairs in the earlier years of that century. When James I united the crowns of England and Scotland in 1603 the English merchant ships were in the habit of flying the St George's flag at one or more mastheads, while those of Scotland flew the St Andrew's flag in a similar manner. It seems that in the great majority of these ships no other flags were flown, but some of the larger ships, especially those engaged in voyages to foreign parts, seem to have allowed themselves the additional luxury of a striped ensign (which appears to have been displayed only when attacking or resisting attack from pirates or other foreign ships, or when signalling to consorts), and also a number of pendants or streamers, which were probably only used on like occasion, or on occasions of special ceremony or rejoicing. Thus, for the ships fitted out by the East India Company in January, 1601, there was provided "for eche of the shippes 12 Streemers, 2 fflagges and one Auncient." In an inventory of the Company's ship 'Hector' of the preceding September there is mentioned besides "2 ancyents and 28 pendaunts," "a smale flag for the boat spirrit." This is the earliest instance in which I have met with a jack flag for the bowsprit in an inventory, and its use at this date must have been extremely rare and exceptional.
On the union of the two crowns, disputes as to precedence of flags appear to have broken out between the English and Scots merchant seamen, hitherto "foreigners" to each other. James attempted to remove the cause of these by providing in 1606 a combined flag, which was to be borne by both parties in their maintop, the English retaining the St George's cross at the foretop and the Scots the St Andrew's cross. So far as the Scots were concerned this attempt at compromise appears to have been rejected, for reasons already related in Chapter III, but the English adopted it. Thus, in the period between 1606 and 1634 the English merchantmen were bearing aloft two flags: the "Britain" flag, as it was then called, and the St George's flag, and although they were warned in the Proclamation of 1606 not "to bear their flags in any other sort" it is clear that some were also using on the poop a striped ensign with a St George's cross in a canton. The colours of the stripes appear to have been a matter of individual taste. Thus the ensign illustrated in the contemporary map[325] of Baffin's voyage for the discovery of the North-west Passage in 1615 displays red, green and blue stripes[326].
In 1634 the inconveniences arising from the fact that the king's ships and merchant ships wore the same flags had become so pronounced that a Proclamation was issued withdrawing the right to use the Union flag for the merchant ships and confining those of England to the St George's flag and those of Scotland to the St Andrew. No mention is made of any poop ensign, from which it may be inferred that this flag was not yet in common use among merchantmen. By the time of the Commonwealth the striped ensign appears to have gone out of use, and the merchantmen seem to have gradually adopted the red ensign introduced into the fleet in 1625. The order of 1649 requiring the ships in the service of the State to bear the St George's flag only does not seem to have been applied to merchant ships, and from a reference in 1656 to the flying of the "English Collers" improperly by a merchant ship lying at the Brill, when these colours were worn "with the Cross downewards" (i.e. the flag being inverted in contempt) it is clear that the English ensign at that date had the cross in a canton, and was not the plain St George's flag. The use of the red ensign was for the first time legally recognised as the distinctive flag of a British merchant ship in a Proclamation of 1674[327], in which the colours are expressly laid down as being
those usually heretofore worn on merchants' ships, viz: the Flag and Jack white with a red cross (commonly called Saint George's Cross) passing right through the same; and the Ensign red with a like cross in a canton white at the upper corner thereof next the staff.
This order definitely abolished the use of any striped ensign, if any such still survived outside of the East India Company's ships. The red and white striped ensign[328] of that Company, which was probably adopted on its formation in 1600, remained, however, unchanged in spite of the Proclamation, and in 1676 the Commander-in-Chief in the Downs drew Pepys' attention to the fact. In his reply of the 20th November Pepys wrote:
For that of the different colours assumed by the East India Company and ordinarily worn in their ships, I am very glad you take notice of it, though it be not of any so near resemblance to the King's as to create any mistake, which some have heretofore offered at, yet it being contrary to the letter of the proclamation it will be fit that his Majesty's pleasure be known in it[329].
Pepys mentioned the matter to Sir John Bankes, one of the principal members of the Company, urging him to get the use of this flag regularised, and in the December of this same year he wrote to Bankes as follows: