512 THE SOVEREIGNTY OF THE SEA 



took in its flag, and the incident ended. 1 In the following 

 year Sir Leoline Jenkins was again a passenger on board 

 one of the royal yachts, the Charles; on reaching the Maes 

 a Holland man-of-war saluted with five guns, but kept its 

 pennant flying, and only took it in and repeated the guns after 

 two shots had been fired at it by the Charles; the men-of- 

 war at the Briel also saluted with their pennants struck. 2 



In the spring of the same year Captain Herbert in the 

 Cambridge encountered six French ships off Dungeness which 

 refused to strike, and returned the fire, their admiral saying 

 it was the King of France's ship, and did not strike. They 

 outsailed the Cambridge, said Herbert, which was no match 

 for them. A few weeks later a French privateer in the same 

 locality refused to strike to the Garland ; and the tables were 

 turned on the English by a Dutch privateer, which fired on 

 a Whitby merchant vessel for not striking quick enough, 

 and fined the master six shillings and eightpence for each shot 

 expended, as well as beating and abusing him. 3 A case of 

 quite a different kind, unique indeed, as it appears, occurred 

 at the end of 1675. On the return of the Quaker ketch to 

 England the officers charged the commander, Captain Joseph 

 Harris, with having lowered his top-sails to a Spanish man-of- 

 war, supposed to be an Ostend privateer, in the Bay of Biscay, 

 to the great dishonour of the king. He was tried by a court- 

 martial, found guilty, and condemned to be shot to death at 

 such time and place as the Lords Commissioners of the 

 Admiralty should appoint. 4 He was, however, reprieved and 

 then pardoned. 5 



1 Life of Sir Leoline Jenkins, ii. 697. 2 State Papers, Dom., vol. ccclxxvi. 46. 



3 State Papers, Dom., ccclxx. 238, 245, 252. 



4 State Papers, Dom., ccclxxvi. 92 ; ccclxxix. 9. The incident occurred on llth 

 November 1675, between 46 and 47 degrees latitude. The Spanish ship "required 

 him to strike for the King of Spaine, and the said Capn Harris haueing seuerell 

 times refused to doe it, and required the said Ostender to strike for his Maty of 

 Greate Brittain ; yet neuerthelesse he, Cap* Jos. Harris, in the time of their con- 

 vention (sic) about this matter, did order the Topsaile of the said Ketch to be 

 Lowered, wch was accordingly done, and is proued by the depositions vpon Oath 

 taken in Court," &c. The court found that by lowering his top-sails he struck to 

 a foreigner in his Majesty's seas, " a great derogadon from his Maties Honour, con- 

 trary to the 32th Article of the General Instrucc&ns and punishable by the Eleventh 

 Article of War." 



6 H. 0. Warrant Book, i. 126, 144. 



