The Ordinance[395] drawn up by King John in 1201, which required all ships and vessels to strike and lower their sails at the command of the King's ships, makes no mention of a flag, and although the striking of the sails was perhaps primarily intended not so much as a mark of respect as a practical means of ensuring that the ships in question should render an effective submission to the will of the king's officers, the omission is at any rate of some significance. An instructive commentary upon the relative significance of the acts of striking sails or flags is afforded by the account of the taking of two Spanish ships by the 'Amity' of London in 1592[396]. These merchantmen had fallen in with each other off the south-west coast of Spain, and apparently each side had determined to make prize of the other. The Spaniards were displaying a flag with the arms of the King of Spain, which caused the English to "judge them rather ships of warre then laden with marchandise." After a long fight the English ship gained the advantage,
willing them to yeeld, or els we should sinke them: wherupon the one would have yeelded, which was shot betweene winde and water; but the other called him traiter. Unto whom we made answere, that if he would not yeeld presently also, we would sinke him first. And thereupon he understanding our determination, presently put out a white flag, and yeelded, and yet refused to strike their own sailes, for that they were sworne never to strike to any Englishmen.
Evidently the striking of the sails was an act of greater submission than the display of the flag of truce, and its persistent survival until the year 1806 as part of the ceremony required when the salute was exacted by H.M. ships is a clear indication that it must have been originally the most essential part of that ceremony. When Pennington was given his instructions as Admiral of the Narrow Seas in May, 1631, he was told:
If in this yo^r imployment you shall chance to meete in the Narrowe Seas anie ffleete belonging to anie forraine Prince or State you are to expect that the Admirall and cheefe of them in acknowledgmt of his Ma^{ ts} Soveraignty there shall strike their Top-sayle in passing by, or if they refuse to do it you are to force them thereunto[397],