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be any way weakened by an engage. ment, or any other accident, the garrifon of Gibraltar would be expofed to eminent danger. And as the garrifon ftands at prefent, it is not more than fufficient for the common duty of the garrifon.

But Adm. Byng having reprefented, that there is a deficiency of men on board the fhips late under the command of Com. Edgcumbe, on account of his having left a number of failors and marines at Minorca to affift in the defence of the place; and that a detachment is abfolutely neceffary to render those fhips ufeful; it is the opinion of the council, that the Governor of Gibraltar fhould fend fuch a detachment on board as fhall be judged neceflary to enable thofe fhips to act in a proper manner against the [Signed.] Tho. Fowke. Ja. Stuart. Ed. Cornwallis. Effingham. Rob. Bertie. Fof. Duffaux, Col. Cha. Colvill, Lt-Col. John Crawfurd, Lt-Col. Robert Scott, Lt-Col.

enemy.

Council of War held on board the Ramillies

at fea, 24th May 1756.

AT a council of war affembled and held on board his Majefty's fhip Ramillies, at fea, on Monday the 24th of May 1756- Prefent, The Hon. John Byng, Efq; Admiral of the Blue, Maj.-Gen. James Stuart, Capt. Henry Ward, Hon. Edward Cornwallis, Capt. Charles Catford, Hon. George Edgcumbe, John Amherst, Rt Hon. Earl of Effingham, Capt. Michael Everitt, Temple Weft, Efq; Rear Admiral of the Red, Philip Durell, Capt. James Young, Frederick Cornewall, William Parry, Arthur Gardiner, Hon. Auguftus John Hervey, Rt Hon. Lord Robert Bertie.

Having read to the council of war the opinion of the engineers in regard to throwing in fuccours into the caftle of St Philip's, the refult of a council of war held by Gen. Fowke at Gibraltar with regard to imbarking a detachment on board the fleet, likewife Adm. Byng's inftructions for his proceedings in the Mediterranean, likewife the order with regard to the difpofal of the regiment of fufileers commanded by the Rt Hon.

Lord Robert Bertie, and the defects of the fhips which received damage in the action with the French fquadron on the 20th inftant, as alfo having laid before the council the ftate of the fick and wounded men on board the ships of the fleet, propofed to the council the following questions, viz.

I. Whether an attack upon the French fleet gives any profpect of relieving Minorca?-Unanimously refolve that it would

not.

II. Whether if there was no French fleet cruifing off Minorca, the English fleet could raife the fiege?-Unanimously of opinion, that the fleet could not.

III. Whether Gibraltar would not be in danger by any accident that may befal this fleet?-Unanimoufty agree that it would be in danger.

IV. Whether an attack with our fleet, in the prefent state of it, upon that of the French, will not endanger the fafety of Gibraltar, and expofe the trade of the Mediterranean to great hazard ?— Unanimously agree that it would.

V. Whether it is not most for his Majefty's fervice, that the fleet fhould im

mediately proceed for Gibraltar ?-We are unanimously of opinion that the fleet fhould immediately proceed for Gibraltar.

[Signed,] J. Byng. Ja. Stuart. Temple Weft. H. Ward. Ph. Durell. Ed. Cornwallis. Jam. Young. Cha. Catford. Fred: Cornewall. Geo. Edgcumbe Will Parry.fn? Amberft. Arth. Gardiner, Effingham. A. Hervey. Mich. Everitt. Wm Lloyd. Rob. Bertie.

[Befides the papers here inferted, there were three more, viz. A letter to Gen. Blakeney, unfigned, dated, Marseilles, March 24. 1756, and received April 6. giving his Excellency intelli gence of the preparations then making at Toulon, &c. against Minorca; and two letters to Capt. Edgecumbe, dated April 18. 1756. from Capt. Nod and Mr Boyd, who had been reconnoitring the French fleet, then at anchor off Cieutadella.]

After thefe papers were read, it be came a queftion, from what time the inquiry into the conduct of the prisoner fhould commence; and it was agreed, by a majority of eleven to two, that it fhould commence from the time the fquadron failed from St Helen's. A fhort paper of the prifoner's was then

read,

read, to the following effect: That he had earnestly wished the arrival of the time for inquiring into his conduct, and doubted not of evincing the falsehood of all the artful and malicious afperfions that had been caft upon him by his enemies; that he had a very fenfible pleafure in confidering the abilities and integrity of his judges; and that relying with an entire confidence on their candour and impartial justice, he would not delay the proceedings of the court.

All forms being now adjutted, the court proceeded, on Wednesday, Dec. 29. to examine the witnesses.- -A minute account of all particulars in the depofitions is not to be expected from us; nor does it appear neceffary. The whole trial depended on three points only, viz. 1. Whether the Admiral made any unneceffary delays with the fleet under his command, from the time of failing from St Helen's, April 6. 1756, to the time of his arrival at Minorca, May 19. .? 2. Whether he did all that was in his power to do, agreeable to his inftructions, to relieve St Philip's fort, upon his arrival there? and, 3. Whether he did his utmost to diftrefs the enemy on the day of battle ?- -We must content ourfelves with an abftract of the depofitions; and as we find one well done in the Gentleman's Magazine, we shall take ours mostly from thence.

fiance, the leading fhip of his divifion, moved but a very little way after the fignal for engaging, ere she began to fire, though fcarce within random fhot, but foon after she got much nearer the enemy; that he himself, upon the fignal for engaging being given, bore down towards the fourth thip in the e-. nemy's line, (the fhip opposed to his in the order of battle), and engaged her till fhe put right before the wind, and then he raked her as fhe went off. Soon after this, the fifth fhip of the enemy's van, which the Captain had engaged, went off alfo; and then he went to the affiftance of the Lancaster, who was engaged with the third fhip, (a chef d'e fcadre); who alfo bore away right before the wind, expofing her ftern to their united fire. Immediately after, wards, the two fhips ahead, with which the Portland and Defiance were engaged, went away; and then the rear of the enemy made fail, and fired as they paffed by the van of the English, but declined coming to a clofe engagement. The action with thefe fhips ended about half an hour after five, when they bore away, and joined their van.- Being afked, How the Admiral and the rear of our fleet proceeded from the beginning to the end of the action? his anfwer was, That from the time of his own fhip's engaging till the enemy bore away, he did not obferve the motion of the rear; but that on obferving the French rear coming up, he then took notice, that the rear of the English was confiderably aftern; and that some of the fhips appeared to him, at times, with their maintopfails aback, and at other times making fail; and that when the French rear had paffed by, they brought to for a little time, and then made fail till about feven, when the fignal was made for tacking, and at eight the whole fleet brought to.

The first witness examined was Adm. Weft. Being asked, If any unneceffary delay appeared to be made in the paffage of the fquadron under the command of Adm. Byng, from St Helen's to Gibraltar? he answered, None. Any at Gibraltar? None. Any from Gibraltar to Minorca? None. Being further afked, If on their arrival off St Philip's caftle, any fhips had been fent to gain intelligence? he faid, The Phoenix, Capt. Hervey, and two other frigates; but thefe were recalled on feeing the French fleet. Being afked particularly as to the fignals from the time of feeing the French fleet to the time of action; he repeated them diftinctly. Being afked as to the precife time of the first fhip or fhips beginning to engage, and at what distance; he faid, The De

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Being afked, If it appeared to him, that the Admiral and his divifion could have got up with the enemy, and enga❤ ged them as clofe as the van did? he faid, Yes; he faw no impediment: but added, that he did not mean there was none, but that none appeared to him.

Being afked as to the motions of the French fleet before the fignal for engaging? he faid, About eleven they be gan to form upon the larboard tack, and after being formed, they lay to upon that tack. Being asked, If they continued lying to all the time the van was engaged? his anfwer was, He thought not; and gave his reafons. Adm. Byng, among many other queftions, afked him this: "If the French had continued to lie to, and had not made fail, don't you believe that our fleet would have come to a general action?" The answer he made was, "That he knew of no caufe that prevented their coming to a general action, in the fituation the French fleet was, more than if they had continued to lie to longer than they did." Being afked many queftions as to his opinion about relieving Minorca, engaging the French fleet a fecond time, and returning to Gibraltar, without attempting to throw fuccours into the garrifon; he answered them all in favour of the Admiral's proceedings. He thought, that throwing in about a hundred officers and recruits, as a reinforcement to the garrifon of St Philip's cafle, would have been of no confequence to the protection of the place; that the fleet was in no condition to hazard an engagement with the French the next day; and that to return to Gibraltar, was the wifeft measure that could be then taken. He likewife faid, that the fignal for chafing was never made; but that if it had, it would have been to little purpofe, in the condition the fleet was then in. Being afked as to the goodness of the fhips, as compared with thofe of the French; he faid, That many of the English fhips were foul, and inferior to thole of the French. He was then afk ed, If fome of the fhips complained of were not part of his divifion; and whether their condition was not fuch as to enable them to beat thofe of the French that were oppofed to them? In anfwer to this, he took occafion to explain to the court the circumstances on which the action of the van turned. The Buckingham (his own fhip) he faid, was well manned and well difciplined: the fhip

fhe was opposed to was of inferior force; and therefore the impreffion made by the quick fire of the Buckingham, obliged her to give way, and put right before the wind: the confequence of which was, the going away of the fifth fhip of the enemy, with whom the Captain had been engaged; for had the remained, fhe would have had the Buckingham and Captain too upon her. After the flight of these two, the Buckingham went to affift the Lancaster, who at that time was engaged with a chef d'escadre, a 74 gun fhip; the immediate confequence of which was, the giving way of this fhip alfo, and likewife of the two French men of war with which the Portland and Defiance were engaged; for had they remained, they must have had the fire of four fhips to fuftain, the Portland, Defiance, Lancafter, and Buckingham.

Having in the courfe of his evidence faid, that when the van of the French fleet bore away, the Admiral, with his divifion, was three miles aftern, he was afked, How far aftern the French rear divifion was? to which he answered, That they were very little ahead of the Admiral.

Mr Weft alfo gave it as his opinion, that when the French fleet was in fight, it would have been inexcufeable in the Admiral, to have attempted the landing of Lord Robert Bertie's regiment at St Philip's, as without them he would not have been in a condition to engage the enemy's fleet at fea; and even the one hundred officers and recruits that were on board, though they might have been of more ufe to the garrison than he imagined; yet the men were at that time very neceffary to the fervice of the fleet, and therefore not to be parted with, independent even of the delay which it might have occafioned.

Lord Blakeney depofed, That boats might have paffed from the fally-port, or any other port of the garrison, to the fea, with great fecurity, when the Englifh fleet lay off the harbour on the zoth of May: That the one hundred officers and recruits which were on board the fleet, would have been of great fervice

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to the garrifon if they had been landed; the duty being very hard upon the fubalterns, as forty-one commiffion officers belonging to the garrifon were abfent: That if the detachment ordered from Gibraltar had been landed, he could have held out till Sir Edward Hawke came with more effectual relief. Being afked particularly, If troops could have been landed from the landing-place moft advanced towards the town, fafely from the fire of the enemy? he replied in these words, "I have ferved fixty-three years, and I never knew yet any enterprife undertaken without fome danger; and this might have been effected with as little danger as ever I knew."

and from Gibraltar to Mahon; and as to the imprudence of attempting to land men from the fleet before the engagement, as it would have rendered the fhips unfit for action. He added, that the French fhips, when they bore away, appeared to be all fit for action, except one, which had loft her maintopfailyard; but believed, if the whole of our fleet had engaged, the whole French fleet would have been beaten. He declared also, that he faw no impediment that could prevent the rear of the fleet from coming to action at the fame time with the van; that the Captain, Defiance, and Buckingham, received the fire of the whole of the enemy's rear as they paffed them; that the van of the French fleet did not lie to more than half an hour after the engagement began; but when the rear filled, he did not know.It appeared by Adm. Weft's evidence, that from that time it would have been in vain to purfue, as the French fhips much outfailed ours.

that it was his opinion, that if the Admiral's divifion had made all the fail they could, they might have prevented the van from receiving fome of the fire which they did receive, but not the whole. He alfo alledged, that his fhip was ready for action again the next day.

Mr Robert Boyd, late ftorekeeper of the ordnance at Minorca, who was fent out with a letter to the Admiral, but returned without coming up with the fleet, was asked, What number of landingplaces there were to throw fuccours into St Philip's caftle? his anfwer was, It was one continued landing-place, in fair weather, from St Stephen's Cove Capt. Everitt declared, however, quite round to the Anftruther, except a fmall space between the royal battery and a fally port which communicated with the ditch of the north-eaft ravelin, and had been walled up. He was further asked, What was the ftate of the garrifon in regard to troops were fuccours wanted? and could they be thrown in? He replied, That the number of troops was much too fmall for the works they had to defend; infomuch that an obstinate defence of the outer covert way was a point given up before the arrival of the English fleet. As to fuccours, that they were moft certainly wanted; and as certainly might have been thrown in; that there could be no doubt about that. Being asked, If his boat did not pafs through a brifk fire of the enemy? he anfwered, That there was a good deal of ftraggling fire from fmall arms at the boat, and three or four cannon-fhot; but he did not know that one shot ftruck her,

Capt. Everitt, late of the Buckingham, confirmed the evidence of Adm. Weft, as to there having been no delay in getting from St Helen's to Gibraltar,

John Bover, late firft lieutenant of the Buckingham, confirmed Capt. Everitt's evidence; alledging, that the distance of the rear from the rear was always more than that of the van from the van, for which he could not affign any reafon. He faid alfo, that he faw the Admiral lie to, after the accident happened to the Intrepide; that he thought it not neceffary, as the rear divifion might, in his opinion, have run to leeward of the Intrepide, without lying to.

Richard Higgs, late second lieutenant of the Buckingham, confirmed partly the preceding evidence, but faid nothing of the intrepide.

George Wood, late third lieutenant, and Robert Man, late fourth lieutenant of the Buckingham, confirmed the above,

Capt. James Gilchrift, late of the

Experiment,

Experiment, confirmed the above evidence. He faid alfo, the Admiral made fignals for coming to a closer engagement.

Hon. Capt. Hervey, late of the Phonix, confirmed the above evidence in moft of the particulars, except that he faw no fignal for a clofer engagement; though he believed, if they had continued to lie to, they would have been very clofely engaged. He added exprefsly, that more fail might have been made by the rear divifion than was made. He gave it alfo as his opinion, that it was not the force of our van that drove the van of the enemy away, but that they were called off by fignal; and his reafon was, that no fhip in the enemy's fleet appeared to have been difabled, as Capt. Everitt had declared before. He depofed alfo, that when the French rear outfailed the English rear, he faw no fignal made by the Admiral for his fhips to croud all the fail they could, and each fhip to join, and clofe the van, as faft as they fhould come up. Capt. John Amherst, late of the Deptford, depofed, that the rear did not engage the rear as near as the van did the van; but that it would have done fo, if the French had lain to inftead of going off; though they might have made more fail than they did: but as the going off of the French fleet could not be foreseen, there was no immediate neceffity for more fail to be made, as the fhips failing differently could not have kept the line if all poffible fail had been made by each. Being then asked, Whether, if the Admiral had only fhortened fuch a proportion of fail as would have enabled the Culloden, the worft failing ship in his fleet, to have kept company, he might not have come to a clofe engagement with the French rear, before they began to go off? he anfwered, "I cannot fay whether they could or could not have done it."

Peter Foulkes, late lieutenant of the Phoenix, faw no signal for closer engage

ment.

Capt. Lloyd, late of the Chesterfield, depofed, That the fignal for battle was made at twenty minutes after two, and

at two minutes before four the fignal was made for the rear to make more fail: That about a quarter after three, the Ramillies and Trident feemed to him to be aboard of each other; upon which the Ramillies threw her topfails aback, and in twenty minutes made fail again, when the French rear were making off: That with the fail our fleet made, it went three knots an hour, and with all its fail it would have gone near fix: That the Admiral was delayed twenty minutes in going down, by the Trident's falling under his lee bow, though he thinks there was distance enough between the enemy and the Intrepide for the rear of the fleet to have gone between them; and at last, when the whole rear did make fail, they did go between the enemy and the Intrepide.

Capt. Henry John Philips, late firft lieutenant of the Deptford, depofed, That when the fignal for action was made, the fleet in general was under their topfails; but fome that did not fail fo well as others had their topfails set. The whole van went down almost right before the wind, the rear went with the wind upon the larboard quarter; fo that the two divifions going different courses, gradually made a vacancy between the Intrepide, which was the fternmoft ship of the van divifion, and the Revenge, which was the headmost ship of the rear divifion. Soon after the accident had happened to the Intrepide, the rear divifion feemed to keep more upon a wind, and in a fhort time backed their fails the French at the fame time beginning to fill, and ftand away. He obferved, that if the rear had bore right down before the wind as the van did, they could not have clofed the rear fo foon as our van closed the van, because the distance was much greater; though they would have clofed fooner than they could by the courfe they steered: and if the rear had crouded fail in proportion to their distance, they could not have closed fo foon, there being more difference between the distance of the van from the van, and the distance of the rear from the rear, than there was between the fail that the van made, and the utmost

s;

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