But this before mentioned Spaniarde perceavinge the imminent dainger ensewinge and seinge noe way to avoyde it ... made triall of a thirde, which was to worke theire safetie by desaitefull pollecie, a fitt subject for base objects to worke strainge strategems, yett the usuall occupation of Spanish practises. Being in this dilemma, and driven withall to this forced conclusion by necessite, they bore up with us puttinge forth an English flagg, keeping his men soe close that they might not soe much as seeme to bee Spaniards. But wee seinge her to be a flibote standinge with us, bearinge in her top the English collers, supposed them at the least to be some Irishmen bounde for Lisborne.... But beinge noe soener past us, and perceavinge that if wee should cast aboute after them, wee might hasarde the bouldginge of our selves, beinge a shipp of soe great a burden, and withall soe neare the Rock, they then begin to disclose themselves, abusinge that most contemptuouslie which before they had most safelie, although craftelie, used for their safegarde, by takinge their English flagg, by whom they had theire safe pass, from their top and hanging it at theire sterne most disdainefullie[410].
Among more modern instances, one that is almost classic occurred in January, 1797, when five large East Indiamen under the orders of Lennox, master of the 'Woodford,' met a French squadron of six frigates off Java. Lennox immediately hoisted the flag of a British admiral and made imaginary signals, and by this means deceived the French into thinking that they were in presence of a number of British men-of-war; with the result that they withdrew and the East Indiamen escaped capture.
There is no clear pronouncement of International Law as to what is and what is not lawful in the use of false colours, and publicists are by no means unanimous upon the subject, but the following instance is given by Halleck[411] as an example of what should not be allowable:
In that year (1783) the 'Sybille,' a French frigate of thirty-eight guns, Captain le Comte de Krergaron de Soemaria, enticed the British ship 'Hussar,' twenty guns, Captain J. M. Russell, by displaying an English ensign reversed in the main shrouds, and English colours over French at the ensign staff. She was also under jury-masts, had some shot holes, and in every way intimated herself to be a distressed prize to some of the British ships. Captain Russell at once approached to succour her, but she immediately, by a preconcerted and rapid movement, aimed at carrying away the bowsprit of the 'Hussar,' raking and then boarding her. This ruse de guerre, of so black a tint, was only prevented taking full effect by the promptitude of Captain Russell, who managed to turn his ship in such a way as only to receive half the raking fire. He then engaged with the 'Sybille,' and, on eventually capturing her, publicly broke the sword of the French captain, who he considered had sullied his reputation by descending to fight the 'Hussar' for above thirty minutes under false colours, and with signals of distress flying. "She" (the 'Hussar'), said Captain Russell, "had not had fair play, but Almighty God had saved her from the most foul snare of the most perfidious enemy." He confined the captain of the 'Sybille' as a State prisoner. It appears that the latter was subsequently brought to trial by his own Government, but was acquitted.
It is, however, now generally agreed that ships of war may hoist false colours for the purpose of deceiving the enemy, provided that their proper national colours are substituted for them before any hostile act is committed. As regards the use of neutral colours by merchantmen seeking to escape capture, it will be remembered that during the late war the Germans claimed this as a violation of the law, but the British Government contended that it was a legitimate ruse de guerre, and had been recognised in the past as not entailing a breach of international law.
A few remarks may be offered upon the various methods of fastening the flag to its support. In the earliest times it seems to have been nailed to its staff, and while it was small and easily portable this entailed no inconvenience. Afterwards it became customary to form a socket of canvas, buckram, or other stout material to which the hoist was sewn, and which was slipped over the staff from the top. This method was only convenient for the smaller flags, and with larger ones it appears to have been usual to sew a band of canvas down the hoist and attach a number of ribands to this by which the flag was tied to the staff. Finally, the flag was sewn to a piece of rope which could be made fast at the ends to halliards running through a block or sheave in the cap at the top of the staff, but at first these halliards were, in the case of masthead flags, taken only down to the top, not to the deck, so that a sailor had to ascend the mast whenever the flag was taken down or put up, or when any signal had to be made aloft. Thus, during the battle with the Dutch off Lowestoft on 3rd June, 1665, the Duke of York
ordered the signal to be given for the whole fleet to tack, but the sailor who had got up the mast to give the signal was so long about it that before he could let the flag fly Opdam had with his van bore up round.... This little accident lost above six hours.
No doubt it was "accidents" of this nature that led, at a later date, to the introduction of longer halliards reaching down to the deck[412]. After the introduction of the driver or spanker boom about 1790 the ensign staff on the poop had to be removed in three-masted ships when the ship was under sail, and the ensign was then hoisted at the "peak" or outer end of the gaff by which this spanker sail was supported, the halliards passing from the poop through a small block made fast at the extremity of this spar. This continued to be the position for the ensign when the ship was at sea until the abolition of sails brought it again to its original position.
It remains to say a few words about the sizes of flags. The "baucan" streamer of circa 1293 was 30 yards long and 2 yards wide at the head. In 1337 the streamers range from 14 to 32 yards in length and were from 3 to 5 "cloths" wide. It is not known what the width of a "cloth" was, but it was certainly not the full width in which the cloth was made in the loom, which would have been 54 inches or more. Probably it was about one yard, for the banners were 1¾ yards long and 2 "cloths" wide, and we know that these were rectangular and rather deeper in the hoist than they were long in the fly. In the time of Elizabeth the streamers were from 12 to 28 yards long and 2 to 3 yards broad at the head, rather less in size than those of 1337, but the banners had increased in size and some were 5 yards long and 4½ yards deep. In 1623 ensigns were of 9 to 18 "breadths," flags 5 to 24 "breadths" and pendants 8 to 24 yards long. This "breadth" was probably 11 inches, for in 1664 the material was being woven in widths of 23 inches and then cut in half. Pepys, at a somewhat later date, tells us that
it is in general to be noted that the Bewper of which Colors are made being 22 inches in breadth, and the half of that breadth or 11 inches going in ordinary discourse by the name of a Breadth when wrought into Colours, every such breadth is allowed about half-a-yard for its Fly.