THE LONDON MAGAZINE. For FEBRUARY, Abfract of the TRIAL of the Hon. Ad- PRESENT, A Captains. Cha. Holmes, Wm. Boys, John Simcoe, John Bentley, Peter Denis, Francis Geary, John Moore, James B Douglas, Hon. Auguftus Keppel. A DMIRAL Byng being brought in, and the audience admitted, there were read, the order from the Admiralty board for the trial, as alfo his in- C ftructions, his letters, and feveral other papers, which it might be necessary to refer to in the trial; and then was read a paper delivered by him to admiral Smith, the prefident, defiring leave to have a perfon to take the minutes of the proceedings in fhort-hand; and alfo D that he might have lieut. Edward Clarke to affift him in regulating his minutes; the former of which was granted, but the latter could not, because Mr. Clarke was to be examined as a witnefs by the judge advocate. The court then adjourned till next E morning, nine o'clock, when the examination of the witneffes began, which was continued de die in diem, Sundays excepted, until the 18th of January, when admiral Byng delivered in his defence, in writing, which was read, and that day his captain was re-examined: Next day the admiral delivered in a paper, in writing, whereby he declared, that as the court had left him very little that seemed neceffary to explain farther by witnesses; February, 1757. F 1757 and as it was impoffible for him to digeft 1. Unanimously. It does not appear, 2. Unanimously. It appears, That upon the fleet's getting fight of Minorca, on the morning of May 19, the admiral detached three frigates (the Phoenix, Chefterfield, and Dolphin) a-head, with or ders to capt. Hervey of the Phoenix, to endeavour to land a letter, from the admiral, to lieut. gen. Blakeney, and to make obfervations of what batteries or forts the enemy might be poffeffed of along the shore. 3. Unanimously. It appears, That thofe frigates were got a-head of the fleet and in fhore, and the Phoenix close to the Lair of Mahon, and were endeavouring to execute thofe orders till they were called off, between 1 and 12 o'clock, by fignal from the admiral, upon difcovery of the French fleet in the fouth east quarter. 4. Unanimously. It appears, That the fleet food towards the enemy the remaining part of the day, with calms and little winds, until they tacked in the evening. 52 ABSTRACT of the 5. Unanimously. The court are of o-pinion, That the admiral proceeded properly, upon difcovery of the French fleet, to ftand towards them. That 6. Unanimously. It appears, major gen. Stuart, lord Effingham, and col. Cornwallis, with about 30 officers, A and fome recruits, amounting in the whole to about 100, belonging to the different regiments in garrifon at St. Philip's, were on board fhips of the fquadron. 12 Yeas, for all· 7. The court are of othe officers. pinion, That as fo great for the genea number of officers were B ral and fieldan board the fleet, beofficers only. longing to the garrifon of St. Philip's, where they must neceffarily be much wanted, the admiral ought to have put them on board one of the frigates he fent a-head, in order to have been landed, if found practicable; and if not C landed before he faw the French fleet, he ought to have let the frigate have endeavoured to land them, notwithstanding he did fee the enemy's fleet. 8. Unanimously. It appears, That from the time of first feeing the French fleet in the morning of May 19, till our D fleet weathered the French, about noon of the 20th, the admiral took proper meafures to gain and keep the wind of the enemy, and to form and clofe the line of battle. 9. Unanimously. It appears, That the van of our fleet upon the ftarboard tack, ftretch- E ed beyond the rear of the enemy's fleet, and that our whole fleet then tacked alt together, by fignal; the enemy's fleet, lying at the fame time to leeward, in a line of battle a-head, on the larboard tack, under their topfails, with their main topfails fquare. 10. Unanimously. It appears, That immediately after our fleet was about upon the larboard tack, our rear was confiderably farther to windward of the enemy's rear, than our van was of their van. F TRIAL of the 11. Unanimously. The court are of opinion, That when the British fleet on G the ftarboard tack were ftretched a-breast, or about the beam of the enemy's line, the adiniral hould have tacked the fleet all together, and immediately have conducted it on a direct courfe for the enemy; the van Reering for the enemy's van, the rear for their rear, each fhip for her oppofite H fhip in the enemy's line, and under fuch a fail as might have enabled the worst failing hip, under all her plain fail, to pielerve her ftation. 12. Unanimously. It appears, That soon Feb. after the fleet were upon the larboard tack, the admiral made fignals for leading two points to ftarboard, which brought the wind upon or abaft the beam; and the fhips continued that courfe, nearly a-head of each other, till the admiral made the fignal for battle. 13. Unanimously. It appears, That the admiral made the fignal for battle about 20 minutes past two o'clock. 14. Unanimously. It appears, That at the time the fignal was made for battle, the French fleet was ftill lying to leeward, with their maintopfails fquare, as beforementioned, and that our van was confiderably nearer to their van than our rear was to their rear. 15. Unanimoufly. It appears, That upon the fignal being made for battle, the fhips of our van divifion bore down properly for the fhips oppofed to them in the enemy's line, and engaged them, till the five headmoft fhips of the enemy went away to leeward, out of gun-fhot. 16. Unanimously. It appears, That the fternmost fhip of our van divifion, the Intrepid, having hauled up, and engaged about ten minutes or a quarter of an hour, loft her foretopmaft, a little before three o'clock. 17. Unanimously. It appears, That the Revenge, the headmoft hip of the rear divifion, bore down (after the fhips of the van bore down) for the fhips oppofed to her in the enemy's line, and that the brought up, upon the weather quarter of the Intrepid, upon the Intrepid's foretopmaft going away; and that he quickly afterwards, upon the Intrepid's fetting her forefail, bore down under the Intrepid's lee quarter, and brought up there. 18. Unainmoufly. It appears, That upon the fignal being made for battle, and the van putting before the wind, the admiral in the Ramillies edged away fome points, and the Trident and Princess Louifa thereby becoming to windward of him, the admiral thereupon hauled up his forefail, backed his mizentopfail, and endeavoured to back his maintopfail, to allow of their getting into their ftations, and continued in that fituation for five, fix, or feven minutes. 19. Unanimoufly. It is the opinion of the court, That the admiral, after the fignal was made for battle, feperated the rear from the van divifion, and retarded the rear divifion of the British flect from clofing with and engaging the enemy, by his fhortening fail, by hauling up his forefail, backing his mizentopfail, or at tempting Hon. Admiral JOHN BYNG. 1757. 20. Unanimously. It is the opinion of B 21. Unanimoufly. It appears, That the admiral, after fhortening fail, as beforementioned, again fet his forefail, and filled his topfails, and steered with the wind abaft the beam, a flanting courfe towards the enemy, under that fail, till about three C o'clock, when the people in the Ramillies began to fire without orders, at too great a diftance for engaging; but the fire continued by the admiral's directions. 22. Unanimously. It appears, That fome little time before this firing began in the Ramillies, the Princefs Louifa was D feen from the Ramillies flung up in the wind, with her topfails fhaking, and the Trident paffing her to leeward, the Trident being then a little upon the weather bow of the Ramillies; and that the Revenge had been alfo feen to bring too under the Intrepid's lee quarter. E F 23. Unanimoufly. It appears, That when the firing had been continued a little while in the Ramillies, an alarm was given of a fhip being clofe under her lee bow, imagined to be one of our fhips, and which proved to be the Trident : That upon this alarm, the admiral immediately ordered the helm to be put a lee, the forefail hauled up, and the topfails to be backed, and firing to cease, till the men should fee French colours, and made the fignal for the fleet to brace too, the rear to brace too first, in order that the fhips aftern might not run on board him, but to prevent this G fignal taking effect upon the hips ahead, he ordered it to be hauled down in a very few minutes, and caufed the fignal to be hoifted for the flect to fill and stand on, the van to fill first. 24. Unanimoufly. It appears, That the Princefs Louifa was alfo feen, about H the fame time, with her maintopmaft fhivering, or a-back, upon the weather bow of the Ramillies. 25. Unanimously. The court are of opinion, that while the Ramillies was firing, in going down, the Trident, and fhips im 53 mediately, or a-head of the Ramillies, proved an impediment to the Ramillies continuing to go down. 26. Unanimously. The court are of opinion, That the admiral acted wrong, in directing the firing of the Ramillies to be continued, before he had placed her at a proper diftance from the enemy; as he thereby not only threw away shot uselessly, but occafioned a fmoke which prevented his feeing the motions of the enemy, and the polition of the fhips immediately a-head of the Ramillies. 27. Unanimously. It appears, That fhortly after the hauling up of the forefail and backing the topfails, all firing ceased on board the Ramillies. 28. Unanimously. It appears, That when the fmoke cleared up, upon the Ramilies ceafing to fire, the center and rear of the French fleet filled their maintopfails and fet their forefails. 29. Unanimously. It appears, That the French centre and rear stood on, and as they came near the three then iternmost fhips of our van gave them their fire; that fome of their fhot fell fhort, and fome did the Defiance damage; and then the French edged away to join their own van to leeward. 30. Unanimoufly. It appears, That. from the time the admiral firft hauled up his forefail and backed his top fails to get clear of the Trident, to the time of his filling his topfails, and fetting his forefail again, was about 20 minutes. 31. Unanimously. It appears, That about the time of the admiral's filling, he made the signal for the rear of the fleet to make more fail and clofe the line, caused the Princefs Louifa, and Trident to be hailed to make fail into their stations, and then fetting his main fail, jib, and stayfails, paffed to leeward of the Intrepid; ordered the Deptford to take the Intrepid's place in the line, and the Chesterfield to take care of the Intrepid, and standing on towards our van, joined them a little after five oclock in the evening. 32. Unanimoufly. The court are of opinion, That after the fhips that had received any damage in the action, were as much refitted as circumftances would permit, the admiral ought to have returned with the fquadron off St. Philip's, and have endeavoured to open a communication with that castle, and to have used every means in his power for its relief, before he returned to Gibraltar. 33. Unanimoufly. The court are of opinion, That admiral Byng did not do his utmost to relieve St. Philip's caftle, in 54 SENTENCE of the COURT-MARTIAL. the Island of Minorea, then besieged by the forces of the French king. 34. Unanimously. The court are of opinion, that adm. Byng, during the engagement between his majefty's fleet under his command and the fleet of the French king, on the 20th of May laft, did not A do his utmost to take, feize, and destroy the hips of the French king, which it was his duty to have engaged, and to affat fuch of his majefty's fhips as were engaged in fight with the French thips, which it was his duty to have affifted. 35. Unanimously. It appears, by the B evidence of lord Robert Bertie, lieut col. Smith, capt. Gardiner, and by other officers of the flip who were near the perfon of the admiral, that they did not perceive any backwardnefs in the admiral during the action, or any marks of fear or confufion, either from his countenance or be- C haviour, but that he feemed to give his orders coolly and diftinctly, and did not feem wanting in perfonal courage. Feb. vice admiral Smith, dated the 14th of December, 1756, proceeded to enquire into the conduct of the Hon. John Byng, admiral of the blue fquadron of his majesty's fleet, and to try him upon a charge, that during the engagement between his majefty's fleet, under his command, and the fleet of the French king, on the 20th of May laft, he did withdraw or keep back, and did not do his utmost to take, feize, and deftroy the fhips of the French king, which it was his duty to have engaged, and to affist fuch of his majefty's fhips as were engaged in fight with the French fhips, which it was his duty to have aflisted; and for that he did not do his utmost to relieve St. Philip's castle, in his majesty's ifland of Minorca, then befieged by the forces of the French king, but acted contrary to, and in breach of his majesty's command: And having heard the evidence, and the prifoner's defence, and very maturely and thoroughly confidered the fame, they are unanimously of opinion, That he did not do his utmost to relieve St. Philip's castle, and also that, during the engagement between his majesty's fleet under his command, and the fleet of the French king, on the 20th of May last, he did not do his utmost to take, feize, and destroy the fhips of the French king, which it was his duty to have engaged, and to affist fuch of his majefty's fhips as were engaged in fight with the French fhips, which it was his duty to have affifted; aud do therefore unanimoufly agree, that he falls under part of the 12th article of an act of parliament of the 22d year of his present majefty, for amending, explaining and reducing into one act of parliament the laws relating to the government of his majesty's ships, vefF fels and forces by fea; and as that article pofitively prefcribes death, without any al. ternative left to the difcretion of the court under any variation of circumstances, the court do therefore unanimously adjudge the faid admiral John Byng to be thot to death, at fuch time, and on board fuch fhip, as the lords commiffioners of the admiralty fhall direct: But as it appears by the evidence of lord Robert Bertie, lieut. col. Smith, capt. Gardiner, and other officers of the fhip who were near the person of the admiral, that they did not perceive any backwardness in him during the action, or 36. Unanimonfly. Refolved, That the admiral appears to fall under the following part of the 12th article of the articles of war, to wit," or shall not do his utmost D to take or destroy every ship which it shall be his duty to engage; and to affift and relieve all and every of his majefty's fhips which it shall be his duty to aflist and relieve." Jan. 27. The court came to the following further refolution. E 37. Unanimously. Refolved, As that article pofitively prefcribes death, without any alternative left to the difcretion of the court, under any variation of circumftances, that he be adjudged to be shot to death at fuch time and on board fuch fhip as the lords commiflioners of the admiralty fhall direct: But as it appears by the evidence of lord Robert Bertie, lieut. col. Smith, capt. Gardiner, and other officers of the fhip who were near the person of the admiral, that they did not perceive any backwardness in him during the action, or any marks of fear or confufion, either from his countenance or behaviour, but that he feemed to give his orders coolly and diftinctly, and did not feem wanting in perfonal courage, and from other circumftances, the court do not believe that his mifconduct arofe either from cowardice or difaffection; and do therefore unanimoufly H any marks of fear or confufion, either think it their duty moft earnestly to recommend him as a proper object of mercy. Then the fentence being drawn up and figned, was as follows: The court, pufuant to an order from the lords commithioners of the admiralty to G from his countenance or behaviour, but that he feemed to give his orders coolly and diftinctly, and did not feem wanting in perfonal courage, and from other circumftances, the court do not believe that his mifconduct aroic either from cowardice or difaffection, 1757- REPRESENTATION, MEMORIAL, &c. To the Rt. Hon. the Lords Commissioners for executing the Office of Lord High Admiral of Great-Britain, &c. WE the underwritten, the prefident 55 of the fentence, particularly, whether the crime of negligence, which is not expreffed in any part of the proceedings, can, in this cafe, be supplied by implication; we find ourfelves obliged most humbly to beseech your majetty, that the opiA nion of the judges may be taken, whether the faid fentence is legal. and members of the court-martial, affembled for the trial of admiral Byng, believe it unneceffary to inform your lordfhips, that in the whole course of this long trial we have done our utmost endeavours to come at truths, and to do the ftricteft B justice to our country and the prifoner; but we cannot help laying the diftreffes of our minds before your lordships on this occafion, in finding ourselves under a neceffity of condemning a man to death, from the great feverity of the 12th article of war, part of which he falls under, and C which admits of no mitigation, even if the crime should be committed by an error in judgment, and therefore for our own confciences fake, as well as in justice to the prifoner, we pray your lordships, in the most earnest manner, to recommend him to his majefty's clemency. We are, my lords, &c. The fentence and reprefentation being figned, the prifoner was fent for; and being brought into court by the marshal, and audience admitted, the fentence was pronounced. D The proceedings of this court-martial E being reported to the board of Admiralty, their lordships prefented the following memorial to his majetty, viz. May it pleafe your Majefty, of your majetty's reign, entitled, F In pursuance of this act, the proceedings of the court-martial held upon admiral Byng, have been reported to us for our directions therein; which proceedings we have taken into our molt ferious and deliberate confideration, and doubts having arifen, with regard to the legality G For this purpofe, we beg leave to lay before your majetty, a copy of the charge as delivered to admiral Byng, and likewife a copy of the thirty-feven refolutions of the court-martial, upon which the fentence is formed; together with a copy of the fentence itfelf, and of a reprefentation of the fame date therewith, figned by the prefident and court-martial, and likewife copies of two petitions from George lord vifc. Torrington, in behalf of admiral Byng, moft humbly fubmitting the whole to your majesty's royal wildom and determination. Upon this the fentence of the courtmartial was referred by his majesty to the twelve judges; and, upon their report, his majefty in council made the following order. Whereas his majefty was pleafed, upon a reprefentation from the lords commiffioners of the Admiralty, to refer the fentence of the court-martial of the 27th of January laft, upon the trial of admiral Byng, to the 12 judges, to confider thereof, and report to his majesty at this board their opinion, whether the faid fentence is legal-And whereas all the faid judges have reported to his majesty at this board, that they have confidered the faid fentence, together with the 12th article therein referred to, and are unanimously of opinion, that it is a legal fentenceHis majesty in council is thereupon pleased to order, that a copy of the faid report of the 12 judges (which is hereunto annexed) be tranfinitted to the faid lords commiffioners of the admiralty. W. SHARPE And upon this the lords commiffioners of the admiralty iffued their warrant for carrying the fentence into execution; which warrant (after reciting the fentence) is as follows, viz. And whereas, upon laying the said sentence before the king, his majefty hath been pleafed to confent, that the fame shall be G carried into execution; we do therefore, in purfuance of his majesty's confent, hereby require and direct you to carry the fen tence of the faid court-martial into execution accordingly, on Monday, the 28th inftant, by caufing him, the faid admiral John Byng, to be shot to death, by a pla toon |