In the morninge it blew very hard at SW by W. Aboute noone we weyed—leavinge the 8th Whelpe in Catt Water and stoode of to sea with the rest of our Fleete, knowinge it to bee a very hard matter for any small vessels to keepe the sea in such fowle weather, and the likelyest place for them to shelter in with these winds was Torbaye, for which place we stoode, causinge the 10th Whelpe to goe a head of us and close aboard the shore, with her coullers and ordynance in, that shee might not bee suspected to bee one of our Fleete, the better to intrap any Pyrates.
The order, which is dated the same day on board the 'Vanguard,' Pennington's flagship, is evidently the one given to the 10th Whelp[165]. It contains instructions as to rendezvous in case the ships lost company, and continues as follows:
you are to looke out carefully for these pirates night and day; that if it be possible wee maie intrapp them. You are alsoe for this present service to keepe in yor Jack at yor Boultsprit end and yor Pendant and yor Ordinance[166].
The fact that the position of the "Jack" is defined in this order tends to show that the term had not yet become common, and this is fully confirmed by a passage added by Sir Nathaniel Boteler to one[167] of the manuscript copies of his well-known Six Dialogues about Sea Services, written about the year 1634.
Boteler, who last served at sea in the Ile de Ré Expedition of 1627, says:
but of late ther hathe bin invented an order that none of our Englishe shypps should be allowed to carry the king's flagge (that is the English Crosse quartered[168] wh the Scottish, and called the Brittish flagge or Colours) save only such shyps as are either of his Maties owne or serve under his paye, and every such vessel, though but a Catche, is permitted and enjoined to weare one of thes in a smale volume in her Boltsprites Topp. And the flaggs thus worne are tearmed Jacks.
The "Order" referred to is evidently the Proclamation of 1634, which, as already remarked, was the outcome of Pennington's request for instructions. It seems highly probable that it is to the same outstanding personality[169] that we owe the institution of the "Jack" on the bowsprit.
From 1634 until the death of Charles I the royal ships continued to be distinguished from the merchant ships by this difference in their flags, although, as a distinct favour, merchant ships were, in a few special cases, granted permission to carry the Union flag.
The execution of Charles I on 30th January, 1649, dissolved the dynastic union between England and Scotland. The two nations, which only a few years before had been united in a "Solemn League and Covenant" against Charles, had been gradually drifting apart, and on the proclamation by the Scots of Charles' son as king the two governments fell into open enmity. In these circumstances the Union flag had become meaningless. On the 22nd of February the Parliament decreed that the "Admiralty" should be settled in the Council of State[170], and the "Navy Committee," that is, the Committee of the Council, who were managing those affairs of the navy that had formerly been within the jurisdiction of the "Principal Officers of the Navy," immediately applied to the Council to know what they were to do about flags.