= 
498 
lating to the Dominion of the Sea, and to 
detect an evident error in an hiftorian of 
deferved reputation and undoubted ability, 
and who may be probably quoted as a de- 
cifive authority, whenever the queftion 
again occurs. Sir William Temple, in 
his Memoirs, fpeaking of the Treaty con- 
cluded between Charles Ii. and the States 
General of the United Provinces, fays— 
<¢ The flag was carried to all the height 
his Majeity could wifh, and thereby a 
elaim of the Crown to the acknowledge- 
ment of its dominion in the narrow feas, 
allowed by treaty from the moft powerful 
of our neighbours at fea, which never yet 
had been yielded to by the weakeft of them 
that I remember, m the whole courfe> of 
our pretence, and had ferved hitherto but 
for an occafion of quarrel, whenever we 
or they had a mind to if, upon other rea- 
fons and conjectures. Nothing, I confefs, 
had ever given. me a greater pleaf ure in 
the createft public affairs I had run through 
than this fuecefs ; as having béen a point’ 
¥ ever had at heart, and in my endsavours 
to gain upon the firft negociators in Hel- 
land, but found Mon. de Witt ever in- 
flexible.” 
I am not informed what fhare Sir Wil- 
liam Temple had in this Treaty, but 
efteemirg it a matter of public and na- 
tional concern at the prefent juncture, I 
fhall proceed to examine his affertion under 
three different heads of en iquiry, viz.— 
x. Whether the Treaty of 1673 was the 
firft wherein the Dutch had yielded the 
honour of the flag to the Crown of Exg- 
lend, or whether it had been covenanted 
before by preceding Treaties, and that in 
fuch manner as might equally fupport the 
claim of the Crown of Engiand to the do-' 
“minion of the fea. 
2. Whether this article of the flag al- 
Jows a claim, in the Crown of England, 
to an acknowledgement on the part cf the 
States Genera] of the United Provinces of 
the faid Crown’s dominion in the nerrow 
teas. For if there be fucha claim, and 
this claim allowed by Treaty, ard fram 
the moft powerful of our neighbours at 
fea, viz. the Dutch, then it is a cafe re- 
folved, and no.more to be drawn into con- 
gale at leaft between them and us. 
3. Whether any new point was gained, 
any new advantages acquired to the Crown 
of England by this article of the flag in 
the Treaty of 1673. 
In order to the clearer refolution of thefe 
queries, it will be neceffary, in the firtt 
place, to fiate the articles relative to the 
flag from the different Treaties betwixt us 
and the Dutch; the ficl is the Treaty in 
Olfervations on the Dominion of the Sea. 
[Jan. 5 
¥654, betwixt the Commonwealth of Eng- 
land and the States General, wherein, m 
the 13th article, it was covenanted as fol- 
lows :—- 
Arf. 13. “ That the fhips and veffels 
of the United Previnces, as well thofe 
fitted for war as others, meeting any fhips 
of war of the fatd Commonwealth,’ in the 
Britifh Seas, fhall firike their flag, and 
lower their topfail, in fuch manner as had> 
been any time before practifed under any 
former government.” 
It may here be remarked, that this 
Treaty of 1654 was the firft wherein the 
flag had ‘been covenanted between the’ 
Butch and us, and that it never has been* 
covenanted by any Treaty. between Eng- 
land and any other foreign nation, but the 
United- Provinces only. For though the 
practice of faluting the flag of England 
was ancient, and long before’ the year 
1654, yet it never was che fubje& of co= 
venant till then; the reafon of which was’ 
this—-The Government of England had’ 
jaft then been changed frem an ancient’ 
M onarchy into a Commonwealth ; and, 
though the Dutch had never difputed ‘the: 
honour of the fiag with the Grown of. 
England, yet with the Commonwealth of 
England they might pofibly doit, as 
pres a the fame level, and in parity’ 
t deoree, with themf felyces But the per- 
rei then at the head of naval affairs in: 
England, being refolved to keep up the 
port 2 and digni ty of its former ftation, not- 
with tanding the change in its form of 
government 5 and to obviate all {cruples” 
and fuggeitions of that kind, prevailed 
upen the Dutch, by covenant, to confim — 
what -was! before “hele by cuftom and 
ulage. 
* Phe next Treaty was that made at 
riedaee in the year 1662, alter King 
Charles’s Reftoration, when, although the 
Monarchy was reftored, yet it was fill 
thought advifeable to continue to keep up 
the jalutation at fea by the flag and top- 
fail, upon the foundation of a national 
law grounded upon zzutual compact, ra- 
ther than Jeave it to the leofe uncertainties 
of cufiom and ulage. 
- Accordingly the roth article of the 
Treaty in 1662 is exaétly copied from the 
13th in that of 1654, and with no other 
variation of words than what was abio- 
lutely neceflary from the Change ef the 
Government to a Monarchy. 
Then follows.the Treaty made at Breday 
in the year, 1667, upom the ¢clofe of: the 
firfi war between King Charles Ik and 
Sr 
“* Treaty anno 1662, Art, Io, 
~. the 
, 
