Proclamation on Privateers' Colours

1694

Whereas divers of their Majesties' subjects have of late presumed on board their ships to wear their Majesties' jacks, pendants, and ensigns, which according to ancient usage have been appointed as a distinction for their Majesties' ships, and many times thinking to evade the punishment due for the same, have worn jacks, pendants, and ensigns in shape and mixture of colours so little different from those of their Majesties, as not without difficulty to be distinguished therefrom, which practice is found attended with manifold inconveniences; For prevention of the same for the future, their Majesties have thought fit, with the advice of their Privy Council, by this their royal proclamation, strictly to charge and command all their subjects whatsoever that they do not presume to wear in any of their ships or vessels their Majesties' jack, commonly called the Union jack, nor any pendants, nor any such ensigns or colours as are usually born by their Majesties' ships, without particular warrant for their so doing from their Majesties, or the lord high Admiral of England, or the commissioners for executing the office of lord high Admiral for the time being. And their Majesties do hereby also further command all their loving subjects that, without such warrant as aforesaid, they presume not to wear on board their ships or vessels any jacks, pendants, ensigns, or colours made in imitation of those of their Majesties, or any other flags, jacks, pendants, or ensigns whatsoever than those usually worn in merchants' ships, viz. 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, nor any kind of pendant whatsoever, saving that for the better distinction of such ships as shall have commissions of letters of mart or reprisals against the enemy, and any other ships or vessels which may be employed. . . .[Rules for flags to be worn by H.M. Ordnance, Customs, Transport, and other services follow here] . . . And their Majesties do strictly charge and command that none of their loving subjects do presume to wear any of the said distinctive jacks unless they shall have commissions of letters of mart or reprisals, or be employed in their Majesties' service by the before mentioned offices respectively. And their Majesties do hereby require the principal officers and commissioners of their Majesties' Navy, the governours of their forts and castles, the officers of their customs, and the commanders or officers of any of their ships, upon their meeting with or otherwise observing any ships or vessels of their Majesties' subjects wearing any flag, pendant, jack, or ensign contrary hereunto, whether at sea or in port, not only to seize or cause such flag, pendant, jack, or ensign to be forthwith seized, but also to return the names of the said ships and vessels, together with the names of their respective masters or commanders unto the lord high Admiral, commissioners for executing the office of lord high Admiral, or the judge of the high court of Admiralty for the time being, to the end that the persons so offending may be duly punished for the same. And their Majesties do hereby command and enjoyn the judge and judges of the high court of Admiralty for the time being that they make strict enquiry, and cause all such offenders to be duly punished. And all Vice Admirals and judges of the Vice Admiralties are also to do the same, and attend to the due observation hereof within the several ports and places belonging to their respective precincts.

R.G. Marsden, Documents Relating to the Law and Custom of the Sea. (London: 1916), II:162-164.