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].