The first incident centres round Captain John Rutter, commander of "one of the smacks or sloops in the service of the Customs about the Isle of Wight." He stated that on April 24, 1699, about eight o'clock in the evening, he went on board to search the ship _Portland_ at Spithead, the latter having arrived from France with a cargo of wine.

At the same time there put off the long boat from Admiral Hopson's _Resolution_ demanding four hogsheads and four tierces, which (said Rutter) "I denied, but however they took it out by force and carried it on board." Rutter then went on to the _Resolution_ and there found the wine lying on deck. The Admiral sent for him aft, and said that he would see the wine forthcoming, for he would write to the Commissioners of Customs.

Some time afterwards Rutter was ash.o.r.e at Portsmouth in company with Captain Foulks, who was one of the officers stationed on land. The latter informed Rutter that he was a rogue for having informed against the Admiral. Foulks drew his sword, and, had he not been prevented, would have murdered Rutter. Apparently Admiral Hopson never forgave Rutter. For, some months later, Rutter was riding off Portsmouth "with my Pendent and Colours flying, rejoicing for the happy arrival of His Maty." Hopson was being rowed ash.o.r.e, and when near "my yacht ordered my pendent to be taken down. I being absent, my men would not do it without my order, whereon he sent his boat on board and one of his men took it down. I coming on board to goe upon my duty ordered it to be hoysted again and imediately he sent his boat with one of his Lieutenants to take it down again with a verball order which I refused to lett him do, but by strength overpowered me and my company and took it down by force, and beat us to ye degree yat I know not whether it may not hazard some men's lives, which I acknowledge I did not wear it in contempt, and if he had sent another time I would readily have obeyed his Order. Now I humbly conceive that it was merely out of malice as I can prove by his own mouth."

Arising out of this incident, a letter was sent from the Admiralty to the Portsmouth Custom House and signed by "J. Burchett." The latter opined that it was not a fault for the Custom House smacks to wear a pendant, but pointed out that the Proclamation of 1699 obliged the Custom House smacks to wear such a pendant as was distinct from the King's "as well as their Jacks and Ensigns." Furthermore he suggested that it had always been customary to strike such pendant when in sight of an Admiral's flag, especially if demanded.

The second incident occurred on February 4, 1806. The commanding officer of H.M. Armed vessel _Sentinel_ was lying in Shields harbour.

He sent word to a man named Stephen Mitch.e.l.l, who caused the watch of the Revenue cutter _Eagle_ to hoist the _Eagle's_ pendant half-mast.

Mitch.e.l.l naturally replied that he dared not do so without his captain's orders. Mitch.e.l.l, therefore, sent to his captain, George Whitehead, but before the latter's arrival the pendant was hauled down and carried on board the _Sentinel_ with threats that Whitehead should be prosecuted for wearing a pendant. Whitehead accordingly wrote to the Collector and Controller of the Customs at Newcastle to lodge a complaint. The latter, in turn, wrote to Lieut. W. Chester, R.N., commanding this _Sentinel_ gun-brig asking for an explanation.

The naval officer replied by referring them to Articles 6 and 7 of the Admiralty Instructions regarding ships or vessels in the service of any public office, by which it was ordered that they should wear the same Ensign and Jack as ships having Letters of Marque, except that in the body of the Jack or Ensign there should be likewise described the seal of the office they belonged to. All vessels employed in the service of any public office were forbidden to wear pendants contrary to what was allowed, and officers of ships-of-war were permitted to seize any illegal colours. Chester contended that the _Eagle_ was hailed and requested to lower her colours half-mast, as an officer of the Navy was being interred at South Shields, and all the other vessels in the harbour "had their colours half staff down" except the _Eagle_. Because the latter refused, Chester requested her mate to come on board the _Sentinel_, as the former wished to explain why the colours should be lowered. An officer was thereupon sent on board the _Eagle_ to haul them down. Chester demanded an apology for the disrespect to the deceased officer.

And one could easily quote other similar instances between H.M.S.

_Princess_ and the Revenue cutter _Diligence_: and H.M. gun-brig _Teazer_ and the Revenue cruiser _Hardwicke_.