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norca; and whereas his proceeding An account of the trial of Adm. BYNG. therein feems fo little agreeable to our Taken from the trial published by order of inftructions, that it demands the strictest the Lords of the Admiralty.

T

HE court-martial (the members as inferted above, p. 45.) affembled on board the St George, in Portfmouth harbour, Dec. 28. 1756.

Adm. Byng being brought in, the order for the trial was read, as follows.

By the commiffioners for executing the office of Lord High Admiral of G. Britain and Ireland, &c.

Whereas the King's pleafure was fig nified to us, by letter dated the 4th of June laft, from Mr Fox, one of his Majesty's principal fecretaries of ftate, that directions fhould be given to Sir Edward Hawke to repair without lofs of time to the Mediterranean, to relieve Adm. Byng in the command of his Majefty's fhips there; and by another letter, of the 29th of the fame month, from Mr Fox, the King's further pleasure was fignified, that Admiral Byng fhould be put immediately under arreft, in order that he might be brought to his trial: And whereas, upon Mr Byng's arrival in England, a warrant was iffued from us to the marshal of the high court of admiralty, dated the 27th July laft, containing as follows, to wit, "Whereas the Hon. John Byng, Admiral of the Blue fquadron of his Majefty's fleet, failed from England in April laft, with a fquadron of his Majefty's fhips under his command, for the Mediterranean, under our orders to proceed to Minorca, and if he fhould find any attack made upon that island by the French, to ufe all poffible means in his power for its relief; and whereas the faid Adm. Byng, by his letter to our fecretary, dated the 25th of May laft, gave us an account of his getting off Mahon on the 19th of that month, with his fquadron, confifting of thirteen fhips of the line, besides frigates; engaging a French squadron on the 20th, confifting of twelve ships of the line, befides frigates; and that he was making the best of his way back to Gibraltar on the 25th, leaving the French fquadron before Mi

examination into his conduct and behaviour by a court-martial, and that he fhould be tried for the fame: thefe are therefore in his Majefty's name to will and require you to repair on board his Majefty's fhip Antelope, at Spithead, and take into your cuftody the perfon of the faid Adm. Byng, and fafely keep him, till delivered by due course

of law:"

And whereas we did alfo iffue another

warrant to the faid marshal, dated the

31st of the fame month, to the following purport, to wit,

66

Thefe are, in his Majefty's name, to will and require you, to detain in your cuftody the perfon of the Hon. John Byng, Efq; Admiral of the Blue fquadron of his Majefty's fleet, (already committed to your cuftody by a former warrant under our hands and the feal of the office of admiralty); for that he the faid John Byng having the command of his Majefty's fleet in the Mediterranean, during the engagement between his Majefty's faid fleet and the fleet of the French King on the 20th of May laft, did withdraw or keep back, and did not do his utmoft to take, feize, and deftroy the fhips of the French King, which it was his duty to have engaged; and to affist such of his Majefty's fhips as were engaged in fight with the French fhips, which it was his duty to have affifted; and for that he the faid John Byng did not do his utmost to relieve St Philip's caftle, in his Majesty's island of Minorca, then befieged by the forces of the French King, but acted contrary to, and in breach of his Majefty's command; and him, the faid John Byng, you are fafely to keep until he fhall be delivered by due courfe of law:"

And whereas it appears highly fitting, as well in regard to the public and the party accufed, as to the officers who have been fent for home as witneffes upon this occafion, that a court-martial fhould be affembled as foon as conveniently may be, to inquire into the conduct and behaviour of the faid Adm.

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Vol. xix. John Byng, as before recited, from the Upon your arrival there, you are to warrants of his commitment and detain- inquire, whether any French fquadron er, and to try him for the fame; we fend is come through the Streights; and if you herewith a copy of our.inftructions there is, to inform yourself as well as to the faid Adm. Byng, dated the 30th poffible, of their number and force, of March 1756, for his proceeding with and if any part of them were tranfa fquadron of his Majefty's fhips to the ports: and as it is probable they may Mediterranean; and alfo of an order to be defigned for North America, and as him, dated the 31ft of March 1756; his Majefty's fhips named in the marand likewife two original letters from gint are either at or going to HaliAdm. Byng to our fecretary, one dated fax, and are to cruife off Louisburg and the 4th of May laft, the other the 25th the mouth of the gulf of St Lawrence, of the fame month, containing accounts you are immediately to take the foldiers of his proceedings; and alfo the feve- out of fo many fhips of your fquadron, ral papers tranfmitted with thofe letters; as, together with the fhips at and going and you are hereby required and direct to Halifax, will make a force fuperior ed to affemble a court martial, who are to the faid French fquadron, (replacing to proceed to an inquiry into the before them with landmen or ordinary feamen recited conduct and behaviour of the faid from your other fhips), and then detach Adm. John Byng, and to try him for them under the command of Rear-Adm. the fame. Given under our hands this Weft, directing him to make the best of 14th day of December 1756.- his way off Louifburg, and taking the [Signed,] Temple. Ed. Bofcawen. Gilb. aforementioned fhips, which he may Elliot. J. Forbes.-[Addreffed,] To Tho- expect to find there, under his command, mas Smith, Efq; Vice-Admiral of the Red, to cruise off the faid place, and the en&c. at Portfmouth. trance of the gulf of St Lawrence, and ufe his utmost endeavours to intercept and feize the aforefaid French fhips, or any other fhips belonging to the French, that may be bound to or returning from that part of North America.

The inftructions, order, and two let-
ters,, with several inclosures, were then
read, as follows.

Inflructions for the Hon. John Byng, Ad-
miral of the Blue Squadron of his Maje-
fty's fleet.
WHereas the King's pleasure has
been fignified to us by Mr Fox,
one of his principal fecretaries of ftate,
one of his principal fecretaries of ftate,
that, upon confideration of the feveral
advices which have been received, rela-

ting to the fuppofed intention of the
French to attack the ifland of Minorca,
a fquadron of ten fhips of the line do
forthwith fail for the Mediterranean,
under your command; and whereas we
have appointed the fhips named in the
margin for this fervice; you are here-
by required and directed immediately
to put to fea, with fuch of them as are
ready, (leaving orders for the reft to
follow you as foon as poffible), and pro-
ceed with the utmost expedition to Gib-

raltar.

2. Ramillies.
3. Buckingham.
Culloden.
Captain.

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If

upon your

fhall not gain intelligence of a French fquadron having paffed the Streights, you are then to go on, without a moment's lofs of time, to Minorca; or if, in confequence of fuch intelligence, you

arrival at Gibraltar, you

fhall detach Rear-Adm. Weft as before

directed, you are to ufe equal expedition
fhall remain with you; and if you find
in repairing thither with the fhips which
any attack made upon that ifland by the
French, you are to use all poffible means
in your power for its relief. If you find
no fuch attack made, you are to pro-
ceed off Toulon, and ftation your squa-
dron in the best manner you fhall be a-
ble, for preventing any French ships
getting out of that port, or for intercept-
ing and feizing any that may get out;
and you are to exert the utmost vigilance
4. Nottingham. 4. Norwich.
3. Grafton.
Litchfield. 6. Success.
Centurion.

Sterling caftle.
Fougueux.

Vultur floop. therein,

therein, and in protecting Minorca and of March 1756.[Signed,] Anfon. Gibraltar from any hoftile attempt. Thomas Villiers. William Rowley. Ed. ward Boscawen. Bateman. Richard Edgcumbe.

You are alfo to be very vigilant for protecting the trade of his Majefty's fubjects from being molested, either by the French, or by cruifers from Morocco, or any other of the Barbary ftates; and for that purpose to appoint proper convoys and cruifers.

You are likewife to be as attentive as

poffible to the intercepting and feizing, as well fhips of war and privateers, as merchant-hips belonging to the French, where-ever they may be met with, within the limits of your command. But, in pursuance of the King's order in council, you are not to fuffer any of the ships in your squadron to take any French veffels out of any port belonging to the Ottoman empire, upon any pretence; nor to moleft, detain, or imprison the perfons of any of the fubjects of the Ottoman empire; and alfo, not to feize and detain any French fhip or veffel whatsoever which they fhall meet with in the Levant feas, bound from one port to another in those feas, or to or from any ports of Egypt, having any

effects of Turks on board.

Upon your arrival in the Mediterranean, you are to take under your command his Majesty's fhips and veffels named in the margin *, which are at pre

fent there.

If any French fhips of war should fail from Toulon, and escape your fquadron, and proceed out of the Mediterranean, you are forthwith to fend, or repair yourself to England, with a prorepair yourself to England, with a proportionable part of the fhips under your command; obferving, that you are never to keep more ships in the Mediterranean than fhall be neceffary for executing the fervices recommended to you.

To enable you the better to perform the aforementioned fervices, you are to take care to keep the ships and veffels under your command in conftant good condition, and to have them cleaned as

often as fhall be requifite for that purpofe. Given under our hands the 30th * Princefs Louifa. Chesterfield. Experiment. Portland. Dolphin. Deptford. VOL. XIX.

Phoenix.

Fortune floop.

By the commiffioners for executing the of fice of Lord High Admiral of Great Britain and Ireland, &c.

Whereas Hereas the King has been pleafed to direct, that the royal regiment bert Bertie, fhould ferve on board his of fufileers, commanded by Lord RoMajefty's fhips in the Mediterranean; and that the faid regiment fhould be landed at Minorca, in cafe the Gover

nor or commander in chief of that ifland

fhall think it neceffary for its defence; and the Governor of Gibraltar having orders, in cafe a farther reinforcement fhall be neceffary at Minorca, to make a detachment equal to a battalion from his garrifon, which detachment the Admiral or commander in chief of his Majefty's fhips in the Mediterranean is to convey to Minorca, on board the men of war, or fuch tranfport veffels as he fhall be able to provide for that purpose: we do, in purfuance of his Majefty's pleasure, fignified to us by Mr Fox, one of his principal fecretaries of ftate, hereby require and direct you, to pay due obedience to his Majefty's aRobert Bertie's regiment, in cafe the forefaid directions, by, landing Lord ifland of Minorca fhall be attacked, and upon confultation with the Governor the fame fhall appear to be necessary : and you are not to confine yourfelf to the landing that regiment only, but alfo to aflift with as many gunners and

men from your fquadron as may be ferviceable, and the fhips can poffibly fpare you are likewife to pay due regard to his Majefty's aforefaid pleasure, in relation to the tranfporting a battalion from Gibraltar to Minorca. Given under our hands the 31ft of March 1756.

[Signed,] Anfon. T. Villiers. W. Rowley.[Addreffed,] To the Hon. Adm. Byng, at Spithead.

[Our readers have already feen Adm. Byng's letters of May 4. & 25. 1756. [xviii. 294-497498]. After thefe letters the papers inclosed in them were read, viz.] N

Opinian

Opinion of the engineer in regard to throw ing fuccours into the caftle of St Philip's. Dated Gibraltar, May 3. 1756.

HAving confidered the queftion, Whether it is practicable to throw in fuccours into St Philip's caftle, fuppofing the enemy to have erected batteries on the two fhores near the entrance of the harbour? an advantage fcarce to be fuppofed they have neglected: we are humbly of opinion, that unless those batteries can be filenced, it will be extremely dangerous, if not impracticable; as the fally-ports by which the fuccours muft enter, according to the best of our recollection, are fo entirely expofed, that their guns may deftroy any boats employed on that attempt: and we humbly apprehend, that but one boat at a time can, with difficulty, land men at the neareft fally-port; and the other lying farther up the harbour, is more expofed.

[Signed,] J. Mace, Major of Artillery. Alexander Leith, Captain of Artillery. Archibald Patoun, Engineer. A general lift of fhips of war at Toulon, Sept. 3. 1755.

[This lift confifts of the names of twenty-nine war fhips and frigates, and the number of guns in cach, then on the flocks at Toulon; from a mong which the fleet commanded by M. Galiffoniere May 20. 1756, were taken. Of thofe fhips, two were of 80 guns, fix of 74, nine of 64, one of 56, two of 50, one of 38, two of 30, three of 26, two of 24, and one of 20.]

Copy of a letter from the forekeeper, and mafter ship-wright of Gibraltar. Dated, Gibraltar, May 4. 1756. Honourable SIR,

the fhed within the New Mole gates that was used for repairing fails in, likewife the fhed for the ufe of the artifi

cers, are both decayed and tumbling down.

We likewife take the liberty of laying before you an account of what stores there is few or none of in his Majesty's magazines, but may be purchased here, viz.

Brushes large, tar, twine, glass watch, half ditto, half ditto, locks hanging, hand lanterns, tin plates double, tin plates fingle, kerfey, fearnought, brooms, pitch, rofin, tallow, tar, keelers, fhovels, coals. We are, &c.[Signed,] 7. Blanckley. Milbourne Marf.-[Addreffed,] To the Hon. John Byng, Efq; Copy of the refult of a council of war held by Gen. Fowke, at Gibraltar, with regard to imbarking a detachment on board the fleet.

AT a council of war held at Gibraltar,

on Tuesday, May 4. 1756.-Prefent, Lt-Gen. Fowke, Governor of Gibraltar, Hon. Maj.-Gen. Stuart, Hon. Col. Cornwallis, Rt Hon. Col. Earl of Effingham, Rt Hon. Col. Lord Robert Bertie, Col. Duffaux, Lt-Col. Grey, Lt-Col. Colvill, Lt-Col. Crawfurd, LtCol. Scott.

The council took into confideration three letters from Lord Barrington, his Majefty's fecretary at war, to the Governor of Gibraltar, of the 21st and 28th of March, and ift of April laft, as alfo an order from the Lords of the Ad. miralty to the Hon. Adm. Byng of the

WE pray leave to lay before you the 31st of March laft: of which the follow

ftate and condition of the careening wharf and ftorehoufes at the New Mole. One of the pits is entirely decayed, and the other wants repair; the capftons, partners, and frames, entirely decayed; the mafthoufe, boathoufe, pitch-houfe, fmith's fhop, and cable hed, all decayed, and tumbling down; the yard lawnch wants a thorough repair; and in cafe there may be a neceffity to careen or caulk any of his Majefty's fhips, there is neither floating. itages for that fervice, or boat for the officers to attend their refpective duties,

ing are copies :

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difimbark, and be quartered in the garrifon under your command: and upon the difimbarking of the faid regiment, it is his Majefty's further pleasure, that you cause a detachment, confifting of a lieutenant-colonel, major, commiffion, non-commiffion officers, and private men, equal to a battalion of foot on the prefent British establishment, to be made from the faid four regiments, and imbark on board his Majefty's fhips of war for Minorca; the lieutenant-colonel and major to be the eldest of their rank in the garrifon under your command. I am, &c. [Signed,] Barrington. [Addreffed,] To Li-Gen. Fowke, or officer commanding the garrison of Gibraltar.

I

SIR, War-office, March 28. 1756. Am commanded by his Majefty to acquaint you, in cafe the island of Minorca fhould be in any likelihood of being attacked, that it is his pleafure you caufe a detachment equal to a battalion on the present British establishment to be made from the regiments under your command in the garrifon of Gibraltar, and imbark on board fuch of his Majefty's fhips of war as Adm. Byng, or the admiral commanding in chief his Majefty's fleet in the Mediterranean, fhall think expedient, and will carry to the relief of the said island. I am, &c.[Signed and addreffed as the preceding letter.]

· SIR,

War-office, April 1. 1756. Am commanded to fignify to you, it is his Majefty's pleasure, that you receive into the garrifon under your command at Gibraltar, fuch women and children belonging to the royal regiment of fufileers, as Adm. Byng, or the commander in chief of his Majefty's fhips in the Mediterranean, fhall think fit to land there. I am, &c. [Signed and addreffed as the preceding letters.]

[The admiralty-order, of March 31. 1756, to Adm. Byng, is already inferted, p. 85.

We were told, in the Gentleman's, the London, and the Literary Magazines, whence our account of Gen. Fowke's trial [xviii. 492, 63.] was taken, that there were fome errors in that

account, particularly in what related to the fenThe feveral papers here inferted, are a rectification in part of that account ]

tence.

And it appearing from advices received by Adm. Byng and Lt-Gen. Fowke, that on the 18th of April laft the French forces were landed on the island of Minorca, confifting of a number of men from 13 to 15,000, and that his Majefty's troops on the island had retired into the fortifications of St Philip's caftle the council alfo took into confideration the fituation of his Majefty's garrifons and forces in the Mediterranean; and are humbly of opinion, that the fending a detachment equal to a battalion would evidently weaken the garrifon of Gibraltar, and be no way effectual to the relief of Minorca, for the following reasons.

I. Becaufe by the opinion of the chief engineer of this garrifon, (who has ferved in that ifland), and that of other officers of the artillery acquainted with the fituation of that harbour, it would be difficult, if not impoffible, to throw in any fuccours; and could they be thrown in, would be ineffectual, as the council do not conceive any hopes of introducing a body of men fufficient to diflodge the French, or raife the fiege; and therefore, though fuch a detachment from this garrifon might have been of great fervice in Minorca, could they have been landed before the island was actually attacked, and whilst a squadron of his Majefty's fleet had been there to co-operate with the troops in the defence and prefervation of the island, (and which feems to be the scope and meaning of the recited letters and order); yet, in the prefent fituation of affairs, it is the opinion of the council, that the fending fuch a detachment from hence to Minorca at this time, inftead of being useful to his Majefty's fervice, will be diminifhing the ftrength of the garrison of Gibraltar, and unneceffarily risking the lofs of an additional number of his Ma

jefty's troops, without any reasonable profpect or hope of their being of any affittance to Minorca.

II. Because the Toulon fquadron, by the beft accounts the council have received, is at least equal in force, if not fuperior to that under the command of Adm. Byng; and fhould the British fleet

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