Chapter III

_The Union Flags and Jacks_

In the preceding sketch of the early history of the British flags we

have, so far as evidence is available, followed the steps by which the

red cross on a white ground came to represent the people of England,

and we have seen, though less clearly, how the white saltire on a blue

ground became the chosen flag of the Scottish nation. It now remains

to trace the process by which these two flags became united in one,

and finally, by the addition of a red saltire to represent Ireland,

developed into the present Union flag.

On the death of Queen Elizabeth in March, 1603, the succession to the

crown lay open.

There had been no repeal of the stipulation made by Henry VIII,

both in Act of Parliament and in his will, that after the death

without heirs of his three children, Edward, Mary and Elizabeth,

the crown should descend to the heirs of his younger sister,

Mary.... Consequently, the rightful heir when Elizabeth lay dying

was no scion of the Scottish House, but the eldest representative

of the Suffolk line--Princess Mary's great-grandson, Edward

Seymour, Lord Beauchamp. But Elizabeth's ministers were not the

slaves of legal niceties. The Queen's neutrality left their choice

unfettered; and though expectation of personal profit largely

moved them, their action proved politic. Lord Beauchamp was a

man of insignificant position and character; James VI, however

contemptible in many respects, had experience as a ruler, and

a contiguous kingdom to add to the endowments of the English

Crown[141].

[Illustration: PLATE IV Union Flag]

But the union of crowns brought about by Elizabeth's ministers with

the tacit approval of the two nations did not directly lead to

the union of peoples. The Parliaments remained separate; national

jealousies ran high, especially in England, and James was foiled in

his efforts to bring about the closer union he sought. Nevertheless,

he was determined[142] that the union of the two nations should have

some other outward expression than the change in the royal standard,

and in the beginning of the fourth year of his reign he issued a

proclamation in the following words:

A Proclamation declaring what Flags South and North Britains shall

bear at Sea.

Whereas some difference has arisen between our Subjects of South

and North Britain, Travelling by Sea, about the bearing of their

flags, for the avoiding of all such contentions hereafter, We have

with the advice of our Council ordered That from henceforth all

our subjects of this Isle and Kingdom of Great Britain and the

Members thereof shall bear in their maintop the Red Cross, commonly

called St George's Cross, and the White Cross, commonly called St

Andrew's Cross, joined together, according to a form made by our

Heralds and sent by Us to our Admiral to be published to our said

Subjects[143]. And in their foretop Our Subjects of South Britain

shall wear the Red Cross only as they were wont, and our Subjects

of North Britain in their Foretop the White Cross only as they

were accustomed. Wherefore We will and command all our Subjects

to be conformable and obedient to this Our Order, and that from

henceforth they do not use to bear their flags in any other Sort,

as they will answer the contrary at their Peril.

Given at our Palace of Westminster the 12th.

day of April in the 4th. year of our Reign of

Great Britain France and Ireland Annoq.

Domini 1606.

Unfortunately the naval records of the early years of the seventeenth

century have almost entirely disappeared from the State archives; the

"State Papers" themselves are but fragmentary remains; and the English

Privy Council Registers from 1602 to 1613 were destroyed by the fire at

Whitehall in 1618, so that it is impossible to say what were the points

of contention referred to in the Proclamation.

The birth of the flag that is now the pride of so many millions was

indeed obscure. Intended at first for use only at sea, it appears to

have excited no attention except from those directly concerned with

shipping. The royal and merchant navies were alike dwindling away, and

the sea did not fill that place in the minds of James' subjects that it

had filled in the greater days of Elizabeth.

The only strictly contemporary evidence of the actual design chosen in

1606 is to be found in the following appeal from the shipmasters of

Scotland, whom it did not by any means please.

Edinburgh

7 Aug. 1606

Most sacred Soverayne. A greate nomber of the maisteris and awnaris

of the schippis of this your Majesteis kingdome hes verie havelie

compleint to your Majesteis Counsell that the form and patrone

of the flaggis of schippis, send doun heir and commandit to be

ressavit and used be the subjectis of boith kingdomes, is very

prejudiciall to the fredome and dignitie of this Estate and will

gif occasioun of reprotche to this natioun quhairevir the said

flage sal happin to be worne beyond sea becaus, as your sacred

Majestie may persave, the Scottis Croce, callit Sanctandrois

Croce is twyse divydit, and the Inglishe Croce, callit Sanct

George, haldin haill and drawne through the Scottis Croce,

whiche is thairby obscurit and no takin nor merk to be seene of

the Scottis Armes. This will breid some heit and miscontentment

betwix your Majesteis subjectis, and it is to be feirit that some

inconvenientis sall fall oute betwix thame, for oure seyfairing men

cannot be induceit to ressave that flag as it is set doun. They

haif drawne two new drauchtis and patronis as most indifferent for

boith kingdomes which they presented to the Counsell, and craved

our approbatioun of the same; bot we haif reserved that to your

Majesteis princelie determination,--as moir particularlie the Erll

of Mar, who wes present and hard thair complaynt, and to whome

we haif remittit the discourse and delyverie of that mater, will

inform your Majestie, and latt Your Heynes see the errour of the

first patrone and the indifferencie of the two new drauchtis. And

sua, most humelie beseiking your Majestie, as your Heynes has evir

had a speciall regaird of the honnour, fredome and libertie of

this your Heynes antient and native kingdome that it wuld pleis

your sacres Majestie in this particulair to gif unto your Heynes

subjectis some satisfactioun and contentment, we pray God to

blisse your sacred Majestie with a lang and prosperous reignne and

eternall felicitie[144].

There is nothing to show that this appeal met with any response, but

the Scots never took kindly to the new flag and rarely used it until

after the Legislative Union of 1707. Sir Edward Nicholas in 1634 was

doubtful "whether the Scots have used to carry that Flag of the Union."

It is unfortunate that these "drafts and patterns" have disappeared,

perhaps in the same fire that consumed the "form" made by the

heralds. There is no doubt about the main outline, but the absence

of precise detail has led several writers--purists in heraldic

matters--to contend that the white border of the red cross was simply

a narrow fimbriation[145]. I think, however, that examination of the

available evidence will show that this border did not originate as

a mere "fimbriation," that it was in fact part of the field of the

English flag, and that the new flag was, as described by Sir James

Balfour[146], "the flagis of St Andrew and St George interlaced," not

merely the red cross surmounting the Scots flag. Material proof that

it was so regarded sixty years later is in existence in Amsterdam in

the shape of actual flags captured during the Second and Third Dutch

Wars, and belonging therefore to the second half of the seventeenth

century. These show a very wide border to the red cross, and in two

instances[147] the red cross, the white border and the white saltire

are each of the same width.

The heralds had been faced by a dilemma. It was impossible to combine

the two flags so as to form a new one without giving precedence to one

of them. If quartered, the upper canton next the staff was the place

of honour, and both could not occupy it at the same time. In the reign

of James II this difficulty was solved, in the case of the Royal Arms,

by placing the Scots' Lion in the first quarter in the Great Seal of

Scotland. Possibly a similar solution was suggested by the Scottish

shipmasters. But there was a precedent for a closer union than this

quartered form, which no doubt the heralds had in mind. Elizabeth had

granted the Levant Company, by her charters of 1581 and 1592, the

right to wear as a flag "the Armes of England with the redde crosse in

white over the same[148]." We may be quite sure that in consenting to

such an arrangement Elizabeth had no thought of giving the national

flag precedence over the royal standard, but merely wished to signify

their intimate union and the extension of the royal protection to the

company. The method adopted in 1606 was exactly the same, the "red

cross in white" being placed over the Scots flag.

The quarterly arrangement of the crosses appears to have been used on

one occasion; the dispatch of a fleet in 1623 to bring back Prince

Charles and the Duke of Buckingham from Spain. Mr Serjeant Knight, in

a "discourse" on the St George's flag written in 1678 at the request

of Pepys[149], stated that he had in his possession the Order from the

Great Wardrobe directed to his father, Mr Thomas Knight, Arms Painter,

who was to paint the banners and streamers required for the Prince. The

principal flag was to be that shown in Plate V, fig. 1: "Imprimis in

ye Prince's ship wherein he goes, on ye top ye Crosses of St. Andrew

and St. George." Mr Knight assured Pepys that he could not be mistaken

about this "cobled Banner," as he scornfully called it, "ye severall

arms being trickt in ye margin of ye Order," and he proceeded to give

a sketch of it. Indeed, he was disposed to believe this to be the

original form of the Union flag:

having seen severall Flaggs with St. George and St. Andrew

quarterly and may every Lord Mayor's Day be seen born by some of ye

Companies Barges, these flags being made much about that time, all

men being willing to flatter their new king.

The evidence of the Privy Council Register of Scotland is, however,

sufficient to prove that this inference was incorrect.

The documents of 1606 do not give any name to the flag they describe.

It appears first to have been called the "Britain" or "British"

flag[150], and I have not found the name "Union" earlier than 1625,

when it appears in the list of the flags and banners used at the

funeral of James I[151]. Three years later it appears in the Sailing

Instructions of the Earl of Lindsey[152], but the older name still

persisted at sea and is found in inventories of stores and in sailing

and fighting instructions until 1639[153].

Hitherto this "British" or "Union" flag had, like the old English

flag of St George, been flown equally by merchantman and man-of-war,

strangers being expected to distinguish the latter by their more

warlike appearance.

[Illustration: PLATE V Union Flags and Jacks]

Towards the year 1633, however, the old question of the salute in the

Narrow Seas was becoming more and more acute, "because," in the words

of Sir Wm Monson, "both the French and Hollanders seek to usurp upon

his Majesties right[154]." Sir John Pennington, the "Admiral of the

Narrow Seas," seized on this as an excuse to advocate a difference in

the flags of the king's and the merchants' ships. In a letter dated

7th April, 1634, asking for instructions on various points relative to

his duties as Admiral of the Narrow Seas he writes:

For alteringe of the Coulers whereby his Ma^{ts} owne Shippes may

be knowne from his Subiects I leave to yo^r Lo^{pps} more deepe

consideration. But under correction I conceive it to bee very

materyall and much for his Ma^{ts} Hono^r, and besides will free

disputes with Strangers, for when they omitt doinge their Respectes

to his Ma^{ts} Shippes till they bee shott at they alleadge they

did not know it to be the kinges Shippe[155].

The plea that the existing arrangement caused confusion in the minds

of foreigners was quite justified, but it is probable that there was

a deeper underlying cause, jealousy of the mercantile marine. Be

this as it may, Pennington's suggestion was favourably received, and

the approval of the king was obtained to the issue of the following

Proclamation:

A Proclamation appointing the Flags, as well for our Navie Royall

as for the Ships of our Subjects of South and North Britaine.

Wee taking into Our Royall consideration that it is meete for the

Honour of Our owne Ships in Our Navie Royall and of such other

Ships as are or shall be employed in Our immediate Service, that

the same bee by their Flags distinguished from the ships of any

other of Our Subjects, doe hereby straitly prohibite and forbid

that none of Our Subjects, of any of Our Nations and Kingdomes,

shall from hencefoorth presume to carry the Union Flagge in the

Maine toppe, or other part of any of their Ships (that is) S.

Georges Crosse and S. Andrews Crosse joyned together upon paine

of Our high displeasure, but that the same Union Flagge bee still

reserved as an ornament proper for Our owne Ships and Ships in Our

immediate Service and Pay, and none other.

And likewise Our further will and pleasure is, that all the other

Ships of Our Subjects of England or South Britaine bearing flags

shall from hencefoorth carry the Red-Crosse, commonly called S.

George his Crosse, as of olde time hath beene used; And also that

all the other ships of Our Subjects of Scotland or North Britaine

shall from hencefoorth carry the White Crosse commonly called S.

Andrews Crosse, Whereby the severall Shipping may thereby bee

distinguished and We thereby the better discerne the number and

goodnesse of the same. Wherefore Wee will and straitly command all

Our Subjects foorthwith to bee conformable and obedient to this Our

Order, as they will answer the contrary at their perills.

Given at Our Court at Greenwich this fifth

day of May in the tenth yeere of Our Reigne

of England Scotland France and Ireland, Defender

of the Faith &c.

The ostensible reason for this distinction in flags--to enable the

"number and goodnesse" of the ships of the two nations to be more

readily discerned--is obviously an afterthought[156]; a sugar coating

to the pill. The customs officers of the various ports could, of

course, have provided any information desired relative to the shipping,

and were not dependent on the flags for their knowledge of the ships'

nationalities. The point is of some interest as it marks a distinct

step in the exaltation of the Navy Royal and its officers into a

position of superiority over the mercantile marine.

It will also be observed that the proclamation of 1634 does not require

the flags to be hoisted at the masthead as did that of 1606. Probably

this was no accidental omission but was the outcome of the general

introduction of the "Jack" on the bowsprit a year or two before.

Flags had no doubt been occasionally carried on the bowsprit from the

time when that spar was first invented, but the practice had been

exceptional, at any rate in the English navy. An early instance was

depicted in a contemporary picture in Cowdray Castle, since destroyed

by fire, which represented "the encampment of the English forces near

Portsmouth, together with a view of the English and French fleets at

the commencement of the action between them on the 19th of July, 1545."

In this picture, which fortunately was reproduced in an engraving by

the Society of Antiquaries in 1780, the Lord Admiral's ship, the 'Henri

Grace à Dieu,' was seen flying a royal standard on the bowsprit. Drake,

also, had flown a striped flag in this position in that last voyage

which ended for him in his death at sea in January, 1596[157]. Yet when

Captain Young submitted his "Noates for Sea Service" to the Earl of

Essex[158] he wrote as though the idea were unusual:

and that the cullers maye bee the better knowne from those of

the enemies and yf they chance to have the like it shalbe then

convenient that upon o^r misson flagge-staves or th ende of o^r

bowlesprits and that theare bee but a smawle litle flagge with a

red Crosse yt being but a litle bigger than a vaine of a great

Catche[159].

As remarked by Admiral Sir Massie Blomfield[160], this "jack" is not

shown in the "illustrations of the flagships of the Expedition of 1596

reproduced in the 'Naval Miscellany,'[161]" so that the suggestion was

probably not received with favour.

There is no mention of, or provision for, "jacks" in the inventories

which accompanied the report of the committee that inquired into the

state of the navy in 1618. Sir Julian Corbett has pointed out[162]

that the earliest instance of the use of the word "jack" to denote a

flag occurs in the orders issued by Sir John Pennington to one of his

captains on 3rd July, 1633. The original has not survived, but the

copy[163] is in a contemporary hand and is corroborated by Pennington's

Journal, now among the MSS. of Lord Muncaster.

In the summers of the years 1631, 1633 and 1634 Pennington was in

command of a small squadron as Admiral of the Narrow Seas, charged

especially with the duty of freeing the coast from pirates. He tells us

in his journal[164], under the above date (3rd July, 1633):

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 yo^r Jack at yo^r Boultsprit end

and yo^r Pendant and yo^r 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] w^h the Scottish, and called

the Brittish flagge or Colours) save only such shyps as are either

of his Ma^{ties} 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.

This Committee taking notice of the arms y^t are engraven upon ye

sternes of ye shipps belonging to ye Comonwealth & intended for

this Summers fleet doe think fit to inform the Com^{tee} of State

therewith that so directions may be given what arms shalbe placed

in their steed & likewise what characters shalbe given to the

flaggs that are to be worne in this service[171].

The Council of State promptly decided "That the Ships at Sea in service

of the State shall onely beare the red Crosse in a white flag[172],"

thus bringing the navy back to the old English flag and once more

into line with the merchant shipping. The royal arms were ordered to

be removed from the sterns and replaced by "the Armes of England and

Ireland in two Scutcheons[173]."

Two days later the Generals at Sea were informed, in answer to a

further inquiry, that if Scots ships were found "bearing either the red

cross or the Armes heretofore called the King's Armes" they were to

admonish them to "forbeare the carrying of them for the future[174]."

It is probable that the order of 22nd Feb. was not altogether welcome

to the navy officers, for on 5th March, only a few days after the above

order had been issued, the Council of State decided upon a new union

flag for naval use. The union now to be symbolised was that of England

and Ireland. Although Ireland had been more or less under the rule of

the kings of England from the time of Henry II, it was not until the

accession of James I in 1603 that she had found recognition in the

royal standard, and it remained for the Commonwealth to give her due

recognition in the national flag. The entry in the Council Minute Book

runs: "That the fflagg that is to be borne by the Admirall be that

now presented, viz: the Armes of England and Ireland in two severall

Escotchons in a red flagg w^{th} in a Compartiment (or)[175]."

At the same time two other variants of this design were introduced, a

standard and a jack. The order for these cannot be found, but they are

referred to in the following letter to the Committee of the Navy signed

by Deane and Blake (two of the Generals at Sea[176]) and dated 21st

April, 1649:

Gentlemen

Touching the flaggs &c. It seems strange you referre the

proportions to bee ascertained by us, yo^rselves knowing best the

former allowaunces, which wee suppose are alike in number in every

expedition, but since the Issue depends on o^r resolution wee

think needfull that you make up what you have allready sent, for

o^rselves three Standards, o^r viceadm^{ll} and Rereadm^{ll} with

the Adm^{ll} Viceadm^{ll} & Rereadm^{ll} of Ireland three flaggs

apiece, with two Jackes for every Shipp in the ffleet. ffor the

Ensignes and pendants you best know how many are wanting, which

(whatsoever they are) with the flaggs &c. we desire may bee noe

longer delayed[177].

In the standard, intended to replace the royal standard, and to be used

by the Generals at Sea, the yellow "compartment" was omitted and the

two escutcheons were surrounded by green branches of laurel and bay.

Fortunately, an actual specimen[178] has survived of this interesting

flag, which was destined to wave over Blake's ship at the heroic battle

of Santa Cruz and to see the rise of the English navy to an eminence

unequalled even in the days of Elizabeth.

The jack contained only the cross and harp on their white and blue

fields, corresponding with the centre part of the Admirals' flags.

It is to be seen in several pictures of battles of the First Dutch

War[179]. Apparently this jack was also used by ships having letters of

marque; "privateers" as we should now call them. In December, 1652, the

captain of a small frigate, called the 'Helena,' fought with two armed

ships from Brest, "putting out the Parliament Jack on the bowsprit

end and the English ensign on the poop, the enemy having hung out the

disunion flag or late King's colours[180]."

Early in 1653 the junior Admiral's flag with the red border and yellow

compartment seems to have been abandoned, and a flag like the jack,

with the harp and cross only, substituted for it[181], probably because

the red border would cause confusion when flown in the white and blue

squadrons.

Scotland was formally re-united to England by an Ordinance of the

Commonwealth Parliament dated 12th April, 1654, and the cross of St

Andrew was ordered to be brought once more into conjunction with that

of St George:

And that this Union may take its more full effect and intent Be

it further ordained by the Authority aforesaid That the Arms

of Scotland viz: a Cross commonly called Saint Andrews Cross

be received into and borne from henceforth in the Arms of this

Commonwealth as a Badge of this Union.

In the new great seal which was prepared in 1655 the St Andrew's cross

was quartered with St George's cross and the Irish harp, but it was not

at once introduced into the naval flags, although placed on the obverse

of naval medals struck in 1654.

The cross of St Andrew was re-introduced into the naval flags by the

following order of the Council of State dated 18th May, 1658[182]:

That the Standard for the Generall of his Highness ffleete be

altered, and doe beare the Armes of England, Scotland, and Ireland,

with his Highness Escutcheon of pretence, according to the

impression of the Great Seale of England; and that the Jack fflaggs

for the fflagg officers of the ffleete and for the severall Shipps

of Warre of his Highness be the Armes of England and Scotland

united, according to the auncient forme, With the addition of the

Harpe, according to a Modell now showd; and that the Com^{rs} of

the Adm^{ty} and Navy to take order That the standard and Jacke

fflaggs be prepared accordingly.

In the standard the two crosses and the harp were borne "quarterly"

surmounted by an inescutcheon (sable, a lion rampant argent), the

personal arms of Cromwell[183], but in the other Admirals' flags and

the jack the crosses were superposed, as in the Union flag of 1606,

with the addition of a harp in the centre. The "model" has disappeared,

like all its predecessors, and nothing remains to show for certain

whether this harp was placed in a blue escutcheon as in the earlier

Commonwealth flags or not, but since a request was received from

Chatham in the following November for 200 yards of blue bewper "for

ye altering of all y^e fflaggs and Jacks here y^t are of y^e former

fashion into y^e new forme[184]" it seems on the whole probable that

the harp was in an escutcheon with a blue field.

This return towards the flag of 1606, prophetic of the coming

restoration, lasted for a few months only. In September Cromwell died,

and his son, the shadow of a great name, after being tolerated as a

mere figurehead for a few months, was in the following May forced

to abdicate. The remnant of the Long Parliament, which had just

re-assembled, passed an "Act for the Great Seal of England" which

restored the seal of 1651 with its map of England and Ireland and

shields with the St George's cross and the Irish harp. The cross of

Scotland vanished and the Commonwealth "Cross and Harp" jack supplanted

Cromwell's Union Jack.

In March, 1660, the Navy Commissioners were told to furnish General

Mountagu, then in command of the Fleet[185], "with Standards for the

Naseby suitable to the Jacks now worne in the ffleete[186]." This was

the standard which Mountagu was flying when ordered to cross to the

Hague and bring back the king.

On 1st May, 1660, the newly assembled Houses of Parliament passed a

joint vote for the restoration of the ancient government, and a few

days later, before Charles was publicly proclaimed, the Commissioners

of the Admiralty and Navy, at the instance of the Council of State,

issued the following order to their subordinate Board:

In pursuance of an order of the Councell of State of the 5th of

this instant May It is ordered that it be referred to the Com^{rs}

for the Navy forthwith to take care that such Standards, fflags

and Jacke Colours for the ffleete be forthwith prepared as were

in use before 1648 and that they be sent downe with all speed to

Generall Mountagu as alsoe that Carvers and Painters be appointed

to goe down for the altering of the Carved workes according to such

directions as they shall receive from Com^r Pett, who is ordered

by ye Councell forthw^{th} to goe to ye Generall. And the said

Com^{rs} are to give order for the sending downe to the Generall

One silke Standard and one silke Ensigne and Jacke and such other

silke fflags as may compleate a suite for the Naseby[187].

Instructions to this effect must have reached the fleet before it left

England, but the flag-makers had evidently not had sufficient time to

prepare the new royal standard, for on the 13th May, on the way over,

(so Pepys, then secretary to Mountagu, tells us[188])

the tailors and painters were at work cutting out some pieces of

yellow cloth into the fashion of a crown and C.R. and put it upon a

fine sheet and that into the flag instead of the State's arms[189]

which after dinner was finished and set up.... In the afternoon a

Council of War only to acquaint them that the Harp must be taken

out of all their flags, it being very offensive to the King.

The Union flag, like the Government, now reverted to its original form,

but the right to fly it remained the special prerogative of the State's

ships, a prerogative much sought after by merchant ships, and often

assumed by them without warrant. For the next half century a long-drawn

struggle was waged by the merchant shipping for the possession of this

right. It begins with a special instruction sent by the Lord High

Admiral, James Duke of York, to the Corporation of Trinity House on 9th

March, 1661:

I desire you will give notice unto all Commanders and Masters of

Shipping belonging to the Subjects of the King, my Sovereign Lord

and Brother, that from henceforward they forbear to wear the Flag

of Union; and also acquaint them, that such as presume to wear the

said Flag contrary hereunto, the King's Ships will have orders to

take it from them[190].

The Trinity House issued orders to this effect, but although the

prohibition had been stiffened with a threat that the flag would be

taken by force from those displaying it, the notices seem to have had

so little effect that, on 19th Nov., when a royal proclamation was

issued "For prohibiting the Imbezlement of His Majesties Stores," the

opportunity was taken to make the further threat that the Commander of

the ship would be seized also:

And for preventing the abuse which hath been of late practised

concerning Flags, Pendents and other Ornaments His Majesty doth

hereby strictly prohibit & forbid the use of His Majesties Colours

in Merchant Ships, and doth Authorize and Command all Commanders

and Officers of any His Majesties Ships of War not only to take

from Merchants Ships all such Colours but likewise to seize the

Commander of such Merchant Ships, wherein after the first day

of April next they shall be used, and to bring them to condign

punishment[191].

It is interesting to find here, as in 1634, an excuse made for the

order which is not the main reason for it. No doubt a certain number of

colours were embezzled and sold by the boatswains of the king's ships,

just as the gunners embezzled and sold the powder, but the desire of

the merchant shipping to fly the Union flag was not due to the fact

that they might occasionally pick that flag up cheap, it was due rather

to the privileges, especially freedom from pilotage and port dues in

foreign ports, which the flag assured them.

Probably the further threat of imprisonment checked the practice for

a time, but not entirely, for the Lord High Admiral was again taking

action in 1666.

Warrant for taking into custody such Ma^{rs} of Merch^t Ships as

shall presume to Wear the Kings Jack.

Whereas I am informed y^t the Ma^{rs} 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 Prin^{le}

Officers & Comm^{rs} of His Mat^{ys} 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 Ma^{tys} Service and

yt you apprehend the Ma^{rs} of them ... (except the Ship Tryall

whereof Hope for Bendall is Ma^r, 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 May^{rs} 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 Maj^{ts} 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

Sept^r 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

1st. That in Holland they are freed by it from taking a Pilot.

2dly. As to France they are by the Jack excused from paying the

Duty of 50 Sous by Tun paid by every Mercht Man coming into a

French Port.

3dly. All our Merchant Men lower their Topsails below Gravesend

to any ship or vessel carrying the King's Jack, be it but a

Victualling Hoy[196].

About this time another form of jack had come into use in the

Mediterranean. Its origin is obscure: we first meet with it in some

notes of matters to be looked into jotted down by Pepys about 1687:

"Quaere, the Practice of wearing Colours in Boats? And the Budgee[197]

Jack now familiarly used abroad (as lately by St Loe[198]) being the

Union Jack in a Canton upon a Red Flag." It will be seen from this note

that it was of similar design to the red ensign instituted in 1707, and

from the juxtaposition of "Colours in Boats" it may be inferred that it

was a combination of the jack and red ensign for use in boats only. It

was afterwards made the distinctive jack of a privateer[199].

For the next few years more serious matters than the misuse of the

Union Jack occupied the attention of the authorities, but in 1694[200],

when William III was safely seated on the throne, another Proclamation,

similar to that of 1674, was issued forbidding merchant ships, except

those having letters of marque, to wear other colours than the "Flag

and Jack white with a Red Cross commonly called St George's Cross

passing quite through the same and the Ensign Red with the like Cross

in a Canton White at the upper corner thereof next the staff." The

privateers were to wear the same ensign as other merchant ships, but

were to have the red (Budgee) jack.

Another Proclamation in identical terms was issued in the first year of

Queen Anne's reign[201].

Meanwhile yet another variant of the Union Jack had been created for

the use of ships commissioned by the Governors of the North American

Colonies. In July, 1701, the Admiralty complained to the Council of

"the inconvenience by Merchant Ships wearing the King's Colours in

and among the Plantations abroad, under colour of Commissions from

the Governors of the said Plantations," and obtained the Council's

approval to the use by such vessels of a distinctive Jack which is thus

described in the Instructions to the Governors.

Whereas great inconveniences do happen by Merchant Ships and other

Vessels in the Plantations wearing the Colours born by our Ships of

War under pretence of Commissions granted to them by the Governors

of the said Plantations, and that by trading under those Colours,

not only amongst our own Subjects, but also those of other Princes

and States, and Committing divers Irregularities, they do very much

dishonour our Service--For prevention whereof you are to oblige the

Commanders of all such Ships, to which you shall grant Commissions,

to wear no other Jack than according to the Sample here described,

that is to say, such as is worn by our Ships of War, with the

distinction of a White Escutchion in the middle thereof and that

the said mark of distinction may extend itself to one half of the

depth of the Jack and one third of the Fly thereof[202].

In 1707 was brought about that complete union of England and Scotland

that James had worked for a hundred years before. The first article

in the Treaty of Union provided that the crosses of St George and St

Andrew should be conjoined in such manner as the queen thought fit.

After due consideration of various designs suggested by a Committee

of the Privy Council in conjunction with the Heralds College, it was

finally decided by an Order in Council of 17th April, 1707, "That the

Union Flag continue as at present." Coloured drawings of the Royal

Standard, Union Flag, and Red Ensign were formally communicated to the

Admiralty by a further Order in Council with instructions that these

designs were to be adhered to in the flags flown at sea[203].

But although no change was made in the Union flag an important

alteration was made in the Ensign; the English and Scots navies being

now united, the Union was introduced into its canton in place of the St

George.

In promulgating[204] this change of ensign opportunity was taken to

repeat the thunders of the former proclamations against the offending

merchant service, but with the inclusion of the Union in the ensign the

fight practically came to an end. Before long the general introduction

of fore and aft headsails led to the disappearance of the sprit

topmast on which the jack had been displayed, and as the flagstaff on

the bowsprit, which took its place, was in the way of the jib when

headsails were set, it became the common practice to fly a jack only

when the ship was in harbour.

With the opening of the nineteenth century came the final change in the

design of the Union flag. By the Act of 1800 the union of Great Britain

and Ireland was to take effect from the first day of the new century,

and by the first of the Articles of Union the "Ensigns, Armorial Flags

and Banners" were to be such as the king by "Royal Proclamation under

the Great Seal of the said United Kingdom should appoint."

The Privy Council, after consulting the Heralds, recommended to the

king "that the Union Flag should be altered according to the Draft

thereof marked (C) in which the Cross of St George is conjoined with

the Crosses of St Andrew and St Patrick." This proposal was approved by

Order in Council of the 5th November, 1800.

The Proclamation[205] was issued on the 1st January, 1801. It decreed

that the Union Flag shall be azure, the Crosses Saltires of St

Andrew and St Patrick Quarterly per Saltire, counterchanged Argent

and Gules; the latter fimbriated of the Second[206] surmounted by

the Cross of St George of the Third[207], fimbriated as the Saltire.

In his desire to adhere to those pedantic formulae which came into

being during the decadence of heraldic art, the draftsman of this

clause was unfortunately obscure in a matter that called for the

clearest precision. The "Draft marked C" showed a fimbriation or

border for the St George's cross nearly as wide as the counterchanged

saltires[208]. This drawing and the verbal blason of it above

recited, were supplied to the Council by Sir Isaac Heard, the Garter

King-at-Arms, and since in so important a matter he is not likely

to have been guilty of carelessness, while there is no question of

incompetence, it is clear that "fimbriated as the saltire" was not

intended to denote that the border was to be of the same width as for

the saltire, but simply that this border was to be of the same colour.

In other words, a fimbriation was not so strictly defined as to width

in 1800 as some persons at the present day would have us believe.

There would be no need to dwell upon this point were it not for the

importance of this flag and the confusion into which the details of its

construction have fallen.

It may seem an extraordinary statement to make, but it is a fact that

the Union flag is never made in strict accordance with the original

design.

In the pattern approved for the navy[209], which is also that flown

on the Houses of Parliament and on the Government Offices, and is

that adopted almost universally by private individuals of British

nationality, the Irish saltire is reduced in width by having its

fimbriation taken from itself instead of from the blue ground.

Apparently this has been done to bring the outer boundaries in line

across the flag, but it seems neither heraldically nor historically

correct, for the saltire representing Ireland[210] should be of equal

width with that of Scotland.

The other pattern in use is that established in 1900 by the War

Office, in an attempt to comply with the literal terms of the

Proclamation of 1st January, 1801, as interpreted by modern heraldic

definitions[211]. In this pattern the two saltires are of equal

breadth, but the "fimbriation" of the St George's cross has been

reduced to the same width as that of St Patrick's saltire.

However, these differences are of no serious importance, and indeed

this flag seems doomed to misrepresentation, which extends even to

its name. A "Union Jack" is, correctly speaking, a small Union flag

intended to be flown in one particular place, the bows of one of H.M.

ships: yet for many years past this technical distinction has been lost

sight of[212] and the misapplication of the term "Jack" has become

almost universal, so much so that we have the Government solemnly

announcing that "The Union _Jack_ should be regarded as the national

flag[213]."

The Union Pendant, that is a pendant with St George's Cross at the

head and with the fly striped longitudinally red, white and blue (see

Plate V, fig. 2) appears to have been first instituted in 1661 as a

pendant which combined the colours of the Union flag and which, like

that flag, was to be flown only by H.M. ships. It was afterwards known

as the "Ordinary" or "Common" Pendant[214]. It went out of use when

the squadronal colours were abandoned in 1864, though it survives in

a smaller form (in which the fly is not slit) to this day as a signal

that the ship's company is engaged in divine service.

FOOTNOTES:

[141] _Cambridge Modern History_, III, 360.

[142] Mr Oppenheim suggests that this was partly due to James's natural

vanity and his jealousy of anything that could remind the English

seamen of their late Queen.

[143] This was sent to the Lord High Admiral to be communicated to the

Navy and Mercantile Marine, _vide_ draft letter _S. P. D. Jas I_, App.

XXXVIII, 16. An earlier draft altered from a signet warrant of James

I, and now in part illegible, is to be found in _S. P. D. Jas I_, App.

XXXV, 23, misplaced among the papers of 1603. The deleted ninth and

tenth lines, however, read: "Given under [our signet?] at our Pallace

of Westm^r the first day of April in the fourth year of o^r raigne of

Great Britaine ffrance and Ireland."

A writer on the Union flag in the _Archeological Journal_, 1891, misled

by the date at the top of the page containing the entry of the above

Proclamation in the Syllabus to Rymer's _Foedera_, has stated that

there was an earlier proclamation issued in 1605; an error that has

been repeated by several subsequent writers.

[144] _The Register of the Privy Council of Scotland_, VII, 498.

[145] The object of a fimbriation is to prevent colour touching colour

or metal touching metal, and, according to modern heraldic rules, it

should be as narrow as possible consistent with this result. White is

of course a metal: "argent."

[146] _Annales of Scotland_ (_s.v._ 1606), written about 1640.

[147] In the Rijks Museum. There are many illustrations of the Union

flag in late seventeenth century MSS., one of the most important of

these being the Flag Book of Lieut. Graydon (1686) in the Pepysian

Library. They all show a broad border.

[148] See p. 134.

[149] _Pepys MSS._, Miscellanea, IX.

[150] _S. P. D. Jas I_, CI, 8: A Survey of the present rigging of all

His Maj^s Ships 1618.

1 Imperiall fflag w^h the kings armes of taffaty guilded.

1 Brittish fflag of 15 clothes of taffaty.

1 of St George of 12 breadths of taffaty.

[151] _S. P. D. Chas I_, I, 98: "the Banner of the Union with the

Crosses of both kingdoms."

[152] _Ibid._ CXVI, 50: "When you shall heare a piece of ordnance from

ye Adm^{ll} of the fleete and see ye Union fflagg in ye misne shrowds

y^t shalbe a signe for ye Counsell of Warre to come aboard."

[153] _Ibid._ CCCCXV, 49: Instructions given by Sir John Pennington,

26th March, 1639. "And when you see ye British Flagg spread upon my

Mizen Shrowds...."

[154] Really because the English navy had become so weak that other

nations saw no longer any reason to yield those marks of respect

formerly exacted of them.

[155] _S. P. D. Chas I_, CCLXV, 23.

[156] It is not mentioned in the Council's warrant to the Attorney

General directing him to prepare the proclamation.

[157] See "An Atlas of Drake's last voyage," by Dr Jules Sottas,

_Mariner's Mirror_, May, 1912.

[158] Probably about June, 1596.

[159] _S. P. D. Eliz._ CCLIX, 48. For full transcript of the second

section of these notes see _The Naval Tracts of Sir Wm Monson_, edited

by Mr Oppenheim (Navy Records Society), IV, 202. The first part has

never been published.

[160] _Mariner's Mirror_, April, 1911.

[161] Navy Records Society, vol. XX, 1902.

[162] _Fighting Instructions_ 1530-1816 (N.R.S.), 1905, p. 108.

[163] _B. M. Sloane MS._ 2682. The copy was probably made in 1638.

[164] See _Hist. MSS. Com._ Report X, App. IV, p. 280.

[165] The 'Lion's Whelps,' ten in number, were built in 1628.

They were small craft, of the "Pinnace" type, ship-rigged, with

spritsail-topmasts.

[166] On a later occasion the two Whelps were ordered to take down

their topgallant masts as well, to complete the disguise.

[167] B. M. _Sloane MS._ 2449, a holograph copy: the page is headed

"of the Flagge called the Jacke." It does not occur in _Sloane_ 758 or

_Harleian_ 1341, or in the Bodleian MS. _Rawlinson_ A 463.

[168] He is using this word incorrectly.

[169] Pennington was the principal figure at sea on the royalist side

until the Parliament drove him from the navy in 1642.

[170] _S. P. D. Inter._ I, 62, p. 7: the Act was, however, dated 23rd.

See _Acts and Ordinances of the Interregnum_, II, 13.

[171] Bodl. _Rawlinson MS._ A 224. The entry is dated 22nd Feb.

[172] _S. P. D. Inter._ I, 62, p. 8. In the letter to the Navy

Commissioners the words "quite through the flagg" were added.

[173] _Ibid._ The order about the Arms does not appear to have been

immediately acted upon, for it was repeated on 6th June.

[174] _Ibid._ p. 24.

[175] _Ibid._ I, 62, p. 53. See Plate VIII, fig. 3.

[176] The Commissioners (Blake, Deane, and Popham) for exercising

the office of "Admiral and General of the Fleet" created by Act of

Parliament 24th Feb. 1649, usually known as the "Generals at Sea." They

stood in much the same position as that formerly occupied by the late

Lord High Admiral, the Earl of Warwick, so far as the management of

the fleet was concerned, though without the Lord Admiral's full legal

powers, which were vested in the Council of State.

[177] _S. P. D. Inter._ I, 65.

[178] See Plate VI, fig. 5. This flag, which tradition connects with

Blake himself, has been preserved at Chatham Dockyard from time

immemorial, but was recently loaned by the Admiralty to the Royal

United Service Institution, where it may now be seen. Mr Fraser has

discussed its connection with Blake in his book _The Fighting Fame of

the King's Ships_, 1910, p. 110.

[179] E.g. R. Nooms (Zeeman), _Zeegevecht voor Livorno_ (1653), and J.

A. Beerstraten, _Zeeslag by ter Heide_ 1653, in the Rijks Museum at

Amsterdam. Also in etchings by Zeeman. See Plate V, fig. 3.

[180] _Letters and Papers relating to the First Dutch War_ (N. R. S.),

III, 189.

[181] Bodl. _Rawlinson_ A 227. Order of Navy Commissioners hastening

supply of flags for the fleet, dated 2nd March, 1653: "3 Standards

of ye usuall colo^{rs} w^{th} ye field Red, 4 fflags of ye Jack

colo^{rs}." Cf. also Instructions of Vice Adm. Goodson to Penn 21

June, 1655: "You shall wear the jack-flag upon the maintop masthead

during your continuance in the service aforesaid" (_Memorials of the

Professional Life and Times of Sir Wm Penn_, II, 116.)

[182] _S. P. D. Inter._ I, 78, p. 627.

[183] See Plate VI, fig. 6. The quarterly form was best adapted to

admit of this surcharge, as the harp was to occupy the centre of the

Union flag.

[184] _S. P. D. Inter._ CXCV, 162. Presumably "ye former fashion"

refers to the pre-Commonwealth flags still in store, as the Parliament

jack and flag would not lend itself to conversion into the new form.

[185] Nominally in joint commission with Monk as General at Sea.

[186] _S. P. D. Inter._ CCIII, 69. This standard was the same as that

in use from 1649 to 1658.

[187] _Ibid._ CCI, 15.

[188] _Diary_, 13th May, 1660.

[189] I.e. covering over the escutcheons containing the cross and harp.

[190] _Memoirs of the English Affairs, chiefly Naval_..., 1729.

[191] B. M. 1851, C, 8 (129).

[192] Adm. Lib. _D'Eon MS._ p. 367.

[193] Not a difficult matter, to judge from some of the "union flags"

flown by foreign men-of-war at the Naval Review at Spithead in 1911.

[194] Mayo, _The Trinity House of London_, 1905, p. 44.

[195] _Pepys MSS._ Miscellanea, ix.

[196] _Ibid._

[197] The name "Budgee," in flag-books of the early eighteenth century,

is derived from Bugia (Bougie) in Algeria. In the tenth century this

was one of the most important seaports in North Africa, but in the

seventeenth century it was fast falling into decay, and beyond the fact

that the Algerine pirates lying there were successfully attacked by Sir

Edward Spragge in 1673 there was nothing to connect the name with the

English navy.

[198] George St Lo.

[199] By the Proclamation of 1694. "All such ships as shall have

Commissions of Letters of Mart or Reprisals shall, besides the colours

which may be worn by Merchants' ships, wear a Red Jack, with the Union

Jack described in a Canton of the upper corner thereof next the staff."

It retained this use until privateering was abolished in 1856.

[200] 17 July, 1694. B. M. 21 _h_, 3 (157).

[201] 18 Dec. 1702. _London Gazette_, 3872.

[202] See Plate V, fig. 6, and page 127.

[203] 21st July, 1707, _Adm. Sec. In. Lrs._ 5151. The illustration

in Plate IV, fig. 1, is a reduced facsimile of the Union flag as

therein depicted. It will be seen that the St George's cross has a

comparatively wide white border, and that the blue was of a lighter

colour than that which afterwards became customary.

[204] Proclamation 28th July, 1707, _London Gazette_, 4356.

[205] _London Gazette_, No. 15324.

[206] I.e. the second colour named: argent, or white.

[207] I.e. gules, or red.

[208] See the flag in Plate IV, fig. 2, which is a reproduction of the

original drawing preserved in the Privy Council Register.

[209] See Plate V, fig. 8.

[210] For discussion of the question how this came to represent Ireland

see Chapter II.

[211] The Union flag flown by the War Office on ceremonial days is,

however, of naval pattern.

[212] Probably because after the seventeenth century the Union flag was

rarely seen at sea in any other position.

[213] The Earl of Crewe, on behalf of His Majesty's Government, in the

House of Lords 14th July, 1908.

[214] Pepys calls it "the Ordinary or Union Pendant used by the King's

ships only."

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