JAMES II. AND AFTER 519 



extended to Cape Finisterre, Van Staten not being mentioned), 

 was to " expect " such ship or ships to strike their top-sail and 

 take in their flag, " in acknowledgment of his Majesty's sover- 

 eignty of those seas," and if they refused or offered to resist, 

 they were to be compelled to do so. Within his Majesty's seas 

 his Majesty's ships were in no wise to strike to any ; and in 

 other parts only if the foreign ship struck first or at the same 

 time, except in a foreign harbour or in a road within gunshot 

 of a fort or castle, in which case a salute with guns was to be 

 given if the commander of the fort agreed to answer gun for 

 -gun. If any British ship was so far forgetful of its duty as 

 not to salute the king's ship by striking the top-sail as it passed 

 by, when it might be done without loss of the voyage, they 

 were to be " brought to the Flag " to answer their contempt, or 

 reported to the Admiralty for proceedings to be taken. 1 Sim- 



1 " Upon your meeting with any ship or ships within his Majestie's Seas, (which 

 for your better guidance herein, you are to take notice that they extend to Cape 

 Finisterre) belonging to any foreign Prince or State, you are to expect them in 

 their passage by you, to strike their topsail and take in their flag, in acknowledg- 

 ment of his Majestie's Sovereignty in these Seas ; and if any shall refuse, or offer 

 to resist, you are to use your utmost endeavour to compel them therto, and in no 

 wise to suffer any dishonour to be done to his Majesty ; and in case any of his 

 Majestie's subjects shall be so far forgetful of their duty, as to omit striking their 

 topsail as they pass by you, when it may be done without the loss of the voyage, 

 you are to bring them to the Flag to answer their contempt, or otherwise to return 

 the name of the ship and of the master to the Secretary of the Admiralty, or the 

 Lord High Admiral of England, or the Commissioners for executing the office of 

 Lord High Admiral for the time being, as also the place whence and the port to 

 which he shall be bound. And you are to make the master of such ship pay the 

 charge of what shot you shall make at her. And you are further to take notice 

 that in his Majestie's Seas his Majestie's ships are in no wise to strike to any ; and 

 that in other parts no ship of his Majestie's is to strike her flag or topsail to any 

 foreigner, unless such foreign ship shall have first struck, or at the same time strike, 

 her flag or topsail to his Majestie's ship, except in the harbour of some foreign 

 Prince, or in the road within shot of cannon of some fort or castle, where you are 

 to send on shore to inform yourself what return they will make to your salute. 

 And in case you have good assurance you shall be answered gun for gun, you are 

 then to salute the port as is usual ; but if you shall not be well assured that you 

 shall have an equal number of guns returned you, you are in no wise to salute that 

 place. And in case the ship in which you now command shall at the same time 

 carry his Majestie's flag, you are, before you salute the place, carefully to inform 

 yourself how flags of the same quality with that you carry, of other Princes, have 

 been saluted there, and you are to insist on it being saluted with as great respect 

 and advantage as any flag of the same quality with yours, of any other Prince, hath 

 been saluted in that place, from which you are in no wise to depart." Art. xxxv. 

 1691. State Papers, Dom., H. 0. Admiralty, 1, No. 14. Justice, A General 

 Treatise of the Dominion and Laws of the Sea, 595. 



