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Foreign News
April 22, 1757
The Virginia Gazette
Richmond, Williamsburg, Richmond County, Virginia
What is this article about?
Court-martial of Admiral John Byng in Portsmouth (Dec 1756-Jan 1757) for failing to engage French fleet on May 20, 1756, and relieve besieged St. Philip's Castle in Minorca. Unanimously sentenced to death under 12th Article of War, with earnest recommendation for mercy to the Admiralty.
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LONDON, February 3.
At a Court-Martial held on board the St. George, in Portsmouth Harbour, December 28, 1756, till January 25, 1757.
PRESENT,
Thomas Sothern, Vice-Admiral of the Red, President.
Francis Holburne, Rear-Admiral of the Red.
Harry Norris, Rear-Admiral of the White.
Thomas Brettonick. Rear-Admiral of the Blue
CAPTAINS.
Charles Holmes, William Boys, John Simcoe, John Brereton. Peter Dennis, Francis Geary, John Moore, James Douglas, Hon. Augustus Keppel.
The Court, pursuant to an Order from the Lords of the Admiralty they proceeded to enquire into the Conduct of the Honourable John Byng, Vice-Admiral of the Blue, and to try him on a Charge, 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 withdraw, or keep back, and did not do his utmost to take, seize and destroy, the Ships of the French King, which it was his Duty to have engaged, and to assist such of his Majesty's Ships as were engaged in Fight with the French Ships, which it was his Duty to have aided; and or that he did not do his utmost to relieve St. Philip's Castle, in Minorca, then besieged by the French, but acted contrary to, and in Breach of his Majesty's Command: And having heard the Evidence and Prisoner's Defence, and very maturely and thoroughly considered the Same 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 and that of the French, on the 20th of May, he did not do his utmost to take, seize, and destroy the French which it was his Duty to have engaged, and to assist other Ships as were engaged with the French, &c. &c. and do therefore unanimously agree, that he falls under Part of the 12th Article of the Act of Parliament, in the 22d Year of his Majesty's Reign: And as that Article positively prescribes Death without any Alternative left to the Direction of the Court, under any Mitigation of Circumstances, the Court do therefore unanimously adjudge the Admiral John Byng, to be shot to Death, at such Time, and on board such Ship, as the Lords of the Admiralty shall direct.
Officers of the Ship, who were present on board of the Admiral, that they did not perceive any Backwardness during the Action, or any Marks of Fear or Confusion, either from his Countenance or Behaviour, but that he seemed to give his Orders cooly and distinctly, and did not seem wanting in personal Courage; From other Circumstances, the Court do not believe arose either from Cowardice or Disaffection, do therefore think it their Duty most earnestly to recommend him as an Object of Mercy
The above Sentence was attended with the following Representation to the Right Hon. the Lords Commissioners of the Admiralty.
Whereas the underwritten, the President, and Members of the Court-Martial, assembled for the Trial of Admiral Byng believe it unnecessary to inform your Lordships, that in the whole Course of this long Trial, we have done our utmost Endeavours to come at the Truth, and to do the Article Justice to our Court and the Prisoner: but we cannot help laying the Distresses of our Country before your Lordships on this Occasion in indicting ourselves under a Necessity of condemning a Man to Death from the great Severity of the 12th Article of which he falls under and which admits of no Mitigation, even Crime be committed by an Error in Judgment only; and therefore for our Consciences Sake as well as in Justice to the Prisoner, we pray your Lordships in the most earnest Manner, to recommend him to his Majesty's Clemency
We are, &c.
Jan. 2
XII. ARTICLE OF WAR, 1749
Charles
Every Captain, and all other Officers, &c. that shall in Time of Action or Engagement withdraw, or keep back. or not come into the Fight, and engage, and do his utmost to take, fire, kill and damage the Enemy, &c. and assist and relieve all his Majesty's Ships. Shall for such Offence of Cowardice, or Disaffection, be tried, and suffer Pains of DEATH, or other Punishment as the Circumstances of the Offence shall deserve, and the Court-Martial shall judge fit.
XII. ART. 22d Geo. II. Which explains and amends the former Act.
Every Person who through Cowardice, Negligence, or Disaffection, Shall, in Time of Action, withdraw, or keep back, &c. every such Person so offending. and being convicted thereof, by the Sentence of a Court-Martial, Shall suffer DEATH.
The Omission of the Words in Italics, in the first Act. and the Addition, or rather single Expression of DEATH in the last Act, seems to be Ground of the Distresses of the Court Martial.
It is said that when Admiral Byng is expelled the House, the Warrant will be signed by the Lords of the Admiralty for his Execution.
A Letter from Portsmouth, dated Feb. 1.
Admiral Byng was yesterday ordered to be confined on board the Monarque Man of War, in the Harbour, under a Captain's Guard of Marines.
Admiral West the Wind now is, will clear the Land this Night, or To-morrow Morning.
At a Court-Martial held on board the St. George, in Portsmouth Harbour, December 28, 1756, till January 25, 1757.
PRESENT,
Thomas Sothern, Vice-Admiral of the Red, President.
Francis Holburne, Rear-Admiral of the Red.
Harry Norris, Rear-Admiral of the White.
Thomas Brettonick. Rear-Admiral of the Blue
CAPTAINS.
Charles Holmes, William Boys, John Simcoe, John Brereton. Peter Dennis, Francis Geary, John Moore, James Douglas, Hon. Augustus Keppel.
The Court, pursuant to an Order from the Lords of the Admiralty they proceeded to enquire into the Conduct of the Honourable John Byng, Vice-Admiral of the Blue, and to try him on a Charge, 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 withdraw, or keep back, and did not do his utmost to take, seize and destroy, the Ships of the French King, which it was his Duty to have engaged, and to assist such of his Majesty's Ships as were engaged in Fight with the French Ships, which it was his Duty to have aided; and or that he did not do his utmost to relieve St. Philip's Castle, in Minorca, then besieged by the French, but acted contrary to, and in Breach of his Majesty's Command: And having heard the Evidence and Prisoner's Defence, and very maturely and thoroughly considered the Same 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 and that of the French, on the 20th of May, he did not do his utmost to take, seize, and destroy the French which it was his Duty to have engaged, and to assist other Ships as were engaged with the French, &c. &c. and do therefore unanimously agree, that he falls under Part of the 12th Article of the Act of Parliament, in the 22d Year of his Majesty's Reign: And as that Article positively prescribes Death without any Alternative left to the Direction of the Court, under any Mitigation of Circumstances, the Court do therefore unanimously adjudge the Admiral John Byng, to be shot to Death, at such Time, and on board such Ship, as the Lords of the Admiralty shall direct.
Officers of the Ship, who were present on board of the Admiral, that they did not perceive any Backwardness during the Action, or any Marks of Fear or Confusion, either from his Countenance or Behaviour, but that he seemed to give his Orders cooly and distinctly, and did not seem wanting in personal Courage; From other Circumstances, the Court do not believe arose either from Cowardice or Disaffection, do therefore think it their Duty most earnestly to recommend him as an Object of Mercy
The above Sentence was attended with the following Representation to the Right Hon. the Lords Commissioners of the Admiralty.
Whereas the underwritten, the President, and Members of the Court-Martial, assembled for the Trial of Admiral Byng believe it unnecessary to inform your Lordships, that in the whole Course of this long Trial, we have done our utmost Endeavours to come at the Truth, and to do the Article Justice to our Court and the Prisoner: but we cannot help laying the Distresses of our Country before your Lordships on this Occasion in indicting ourselves under a Necessity of condemning a Man to Death from the great Severity of the 12th Article of which he falls under and which admits of no Mitigation, even Crime be committed by an Error in Judgment only; and therefore for our Consciences Sake as well as in Justice to the Prisoner, we pray your Lordships in the most earnest Manner, to recommend him to his Majesty's Clemency
We are, &c.
Jan. 2
XII. ARTICLE OF WAR, 1749
Charles
Every Captain, and all other Officers, &c. that shall in Time of Action or Engagement withdraw, or keep back. or not come into the Fight, and engage, and do his utmost to take, fire, kill and damage the Enemy, &c. and assist and relieve all his Majesty's Ships. Shall for such Offence of Cowardice, or Disaffection, be tried, and suffer Pains of DEATH, or other Punishment as the Circumstances of the Offence shall deserve, and the Court-Martial shall judge fit.
XII. ART. 22d Geo. II. Which explains and amends the former Act.
Every Person who through Cowardice, Negligence, or Disaffection, Shall, in Time of Action, withdraw, or keep back, &c. every such Person so offending. and being convicted thereof, by the Sentence of a Court-Martial, Shall suffer DEATH.
The Omission of the Words in Italics, in the first Act. and the Addition, or rather single Expression of DEATH in the last Act, seems to be Ground of the Distresses of the Court Martial.
It is said that when Admiral Byng is expelled the House, the Warrant will be signed by the Lords of the Admiralty for his Execution.
A Letter from Portsmouth, dated Feb. 1.
Admiral Byng was yesterday ordered to be confined on board the Monarque Man of War, in the Harbour, under a Captain's Guard of Marines.
Admiral West the Wind now is, will clear the Land this Night, or To-morrow Morning.
What sub-type of article is it?
Naval Affairs
Military Campaign
War Report
What keywords are associated?
Admiral Byng Trial
Minorca Siege
French Fleet Engagement
Court Martial Sentence
Article Of War
Portsmouth Harbour
What entities or persons were involved?
John Byng
Thomas Sothern
Francis Holburne
Harry Norris
Thomas Brettonick
Charles Holmes
William Boys
John Simcoe
John Brereton
Peter Dennis
Francis Geary
John Moore
James Douglas
Augustus Keppel
Where did it happen?
Minorca
Foreign News Details
Primary Location
Minorca
Event Date
20th Of May 1756; Court Martial December 28, 1756 To January 25, 1757
Key Persons
John Byng
Thomas Sothern
Francis Holburne
Harry Norris
Thomas Brettonick
Charles Holmes
William Boys
John Simcoe
John Brereton
Peter Dennis
Francis Geary
John Moore
James Douglas
Augustus Keppel
Outcome
sentenced to be shot to death; court recommends mercy due to belief it was error in judgment, not cowardice or disaffection
Event Details
Court-martial tried Vice-Admiral John Byng for withdrawing during engagement with French fleet on May 20, 1756, failing to destroy enemy ships, assist own ships, and relieve besieged St. Philip's Castle in Minorca, breaching orders. Unanimously found guilty under 12th Article of War, sentenced to death without alternative. Court represented distress over severity of article allowing no mitigation for errors in judgment and earnestly recommended clemency. Byng confined on Monarque.