Whereas I am informed yt the Mars of severall Merchant Shipps outward bound from the River of Thames have presumed to Wear the Kings Jack without having leave from myself or the Prinle Officers & Commrs of His Matys Navy or any other just pretence for so doing These are therefore to will and require you forthwith to goe down the River of Thames and examine and enquire what Merchant Ships either do or have lately Wore the Kings Jack not being hired nor carrying goods for His Matys Service and yt you apprehend the Mars of them ... (except the Ship Tryall whereof Hope for Bendall is Mar, which is bound for New England & is to carry some Goods for me) and keep them in safe custody that they may be punished for their presumption.
And all Mayrs Sheriffs &c.
Dated 11th May 1666.
James[192].
Deterred by these measures from a direct attempt to make use of the Union flag, the merchant shipping hit upon the device of flying a flag which was a sufficiently close imitation of the forbidden colours to deceive foreign powers[193] without falling within the strict letter of the law. In 1674 this practice had evidently become common, for Pepys acquainted the Trinity House, in June, of the King's intention to put a stop to it[194]. Three months later the following proclamation was issued:
Whereas by ancient usage no merchant's ship ought to bear the Jack, which is for distinction appointed for his Majesty's ships; nevertheless his Majesty is informed that divers of his Majesty's subjects have of late presumed to wear his Majesty's Jack on board their ships employed in merchants' affairs, and thinking to evade the Punishment due for the same, bear Jacks in shape and mixture of colours so little different from those of his Majesty as not to be without difficulty distinguisht therefrom, which practice is found attended with manifold Inconveniences; for prevention whereof for the future his Majesty hath thought fit, with the advice of his Privy Council, by this his Royal Proclamation, strictly to charge and command all his subjects whatsoever, that from henceforth they do not presume to wear his Majesty's Jack (commonly called The Union Jack) in any of their ships or vessels, without particular warrant for their so doing from his Majesty, or the Lord High Admiral of England, or the Commissioners for executing the office of Lord High Admiral for the time being; and his Majesty doth hereby further command all his loving subjects, that without such warrant as aforesaid, they presume not to wear on board their ships or vessels, any Jacks made in imitation of his Majesty's, or any other flags, Jacks, or Ensigns whatsoever, than 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 to the staff.
And his Majesty doth hereby require the principal officers and Commissioners of his navy, Governors of his Forts and Castles, the Officers of his Customs, and Commanders or officers of any of his Majesty's ships, upon their meeting with, or otherwise observing any merchants' ships or vessels of his Majesty's subjects wearing such a flag, jack, or ensign, contrary hereunto, whether at Sea or in Port, not only to cause such flag, jack or ensign to be forthwith seized, but to return the names of the said ships and vessels, together with the names of their respective masters, unto the Lord High Admiral, Lords Commissioners of the Admiralty, or the Judge of the High Court of Admiralty for the time being, to the end the Persons offending may be duly punished for the same.
And his Majesty doth hereby command and enjoyn the Judge and Judges of the High Court of Admiralty for the time being, that at the several Sessions to be hereafter held by his Majesty's Commission of Oyer and Terminer for the Admiralty, they give in charge, that strict enquiry be made of all offences in the premises, and that they cause all offenders therein to be duly punished. And all Vice Admirals and Judges of Vice Admiralties, are also to do the same, and to attend the due observation hereof, within the several Ports and Places of their respective Precincts.
Given at our Court at Whitehall the Eighteenth Day of September 1674, in the Six and Twentieth Year of our Reign.
By his Majesty's Command.
A new competitor for the privilege now appeared in the yacht—a type of pleasure-boat introduced from the Netherlands at the Restoration. In 1676 the request of the Governor of Dover "to have the liberty of wearing his Majts Jack upon his private yacht" was refused by the king in Council[195], but the practice of hoisting the Union Jack upon yachts without warrant had become sufficiently widespread by 1686 to attract the notice of the navy authorities, as shown by the following memorandum of Pepys:
Notes about the Jack taken by S. P. at the Navy Board the 20th of Septr 1686 upon occasion of the liberty taken by Private Yachts to wear the Kings Jack without License.
Memorandum. That the temptations to this Liberty (besides the pride of it) are