of the admiralty, soliciting them to intercede for his pardon; adding that, finding themselves tied up from moderating the article of war, and not being able conscientiously to pronounce that he had done all he could, they had been forced to bring him in guilty, but begged that he might be spared, as the only charge that could be sustained against him, was error of judgment. This humane prayer was supported by a variety of testimonies in favour of Byng. Lord Robert Bertie, colonel Smith, and other officers who were present in the engagement, bore witness to his coolness and courage, and Voltaire transmitted him from Switzerland letter of the duc de Richelieu, the French commander, testifying to his good behaviour on the occasion.* But the king was opposed to mercy, and the people, in the height of a paroxysm of fury, demanded vengeance. The late ministers, including lord Anson, conscious of the danger of a re-action against themselves, inflamed this sanguinary feeling by every means in their power. † The present ministers, on the other hand, were disposed to pardon, but had not enough of firmness to combat the prejudices of the king or face the country. The case was submitted to the judges who, confined to the letter of the law, pronounced unfavourably to the accused. Lord Temple, whose duty it was as first lord of the admiralty, to sign the warrant for execution, hesitated over the fatal instrument-swayed by strong and agitating doubts; but the influences around him bore down his judgment, and he subscribed his name to a sentence of

*Voltaire's letter was written in English, as follows:-" Aux Délices, près de Genève. Sir, though I am almost unknown to you, I think 'tis my duty to send you the copy of the letter which I have just received from the marshal duc de Richelieu; honour, humanity, and equity order me to convey it into your hands. The noble and unexpected testimony from one of the most candid as well as most generous of my countrymen, makes me presume your judges will do you the same justice." This letter and its enclosure got into the hands of persons unfriendly to admiral Byng, and it is suspected never reached him. See Sir John Barrow's Life of Lord Anson.

The vulgar prejudices of the people were appealed to in lampoons and caricatures, and a paper was affixed to the Exchange, on which was written "Shoot Byng, or take care of your king." This storm, says Orford, was conjured up by lord Anson's creatures and protectors.

1757.

EXECUTION OF BYNG.

335

which he disapproved. His example was followed by the rest of the board, with the honourable exception of admiral Forbes, who declared that he would sacrifice his life before he would give his sanction to such an act. Strong intercessions were made with the king. Pitt appealed to his mercy, but the request was abruptly rejected. The duke of Bedford made a similar application, but with no better result. Lord Temple reported to his majesty a prayer for mercy from seven members of the court-martial; but the royal determination could not be moved. In this extremity, several members of the court-martial intreated to be relieved from their oaths of secresy, as they had something of the utmost importance to communicate in favour of the prisoner, and a bill to that effect passed the commons, but was rejected by the lords in consequence of the vacillation of the individuals at whose instance it originated. Byng was consequently ordered for execution.

If the resolution with which he met his fate might be cited as a proof of heroism, it would leave little doubt that he deserved the pardon which had been sought even by those who pronounced his sentence. Α few days before his death, one of his friends standing beside him said, "Which of us is taller?" He replied, "Why this ceremony ? I know what it means; let the man come, and measure me for my coffin." He declared that, being acquitted of cowardice, he was content to die; and frequently said that he would not suffer a handkerchief to be put over his face, that it might be seen whether he betrayed any symptoms of fear. When the day arrived, he took a tranquil leave of his friends, went upon deck, and placed himself calmly in a chair. It being, however, represented to him that his uncovered face might produce reluctance amongst the executioners, he consented to a handkerchief, which he tied with his own hands, then, giving the signal, fell pierced with balls.

It is impossible to review this transaction dispassion

ately, and not to agree in the conclusion of a contemporary writer, that Byng was "sacrificed by a set of ministers, who meant to divert on him the vengeance of a betrayed and enraged nation.” * The specific offence he committed did not come within the article of war under which he was condemned, and it was only by a strained interpretation of a doubtful statute that his judges could find him guilty. He was censurable for an error of judgment—for lingering when he ought to have advanced-and for suffering the enemy to escape, rather than for evading an engagement. So strongly were the most distinguished officers in the navy impressed with the danger of the precedent, that they made strenuous efforts to obtain a revision of that obscure and severe article; but it was impossible to wring such a concession from the king, influenced by Newcastle and Anson. Byng was clearly the victim of a conspiracy; for, although the error of which he was guilty merited some punishment, not one man was found publicly to maintain that he merited the punishment of death. Even the nation that had manifested so much rage against him considered the sentence too severe. The best proof of the secret motives that lay at the bottom of this disgraceful proceeding may be traced to the fact that the conduct of the ministers who, by delaying the sailing orders of the squadron, and consigning an inadequate force to so important a service, were the real delinquents, entirely escaped censure in the overwhelming anxiety concentrated upon the prosecution of Byng. This was the whole object in view, and Byng was immolated that the incompetent Newcastle might be preserved. †

*Lord Orford.

That the whole plan was deliberately laid, and conducted with a predetermination to convict the prisoner, may be inferred from, or, rather, is proved by several circumstances; amongst others, an observation made before the trial by admiral Boscawen, one of the lords of the admiralty, who had Byng under his charge. Boscawen was not on the court-martial, but notwithstanding the oath of secresy by which its members were bound, and the sacred character of the judicial functions they were about to fulfil, it appears that they took very little trouble to conceal beforehand that their minds were made up. In fact they treated the matter as a party

1757.

WEAKNESS OF THE MINISTRY.

337

But what was gained by this legal murder? Was the cabinet secured? Were the people propitiated? We have already seen that the Newcastle administration was broken up even while the prosecution was in progress, and that the country relented before the sentence was executed. The public dissatisfaction, instead of being appeased by Byng's death, became more turbulent than ever at the state of public affairs. The continued humiliation of the British arms in America, the prospect of a war in the defence of his majesty's German electorate, and the presence of the Hanoverian troops on the soil of England, now that an invasion was no longer seriously apprehended, inflamed the passions of the populace beyond control. The new administration, made up of fragments of all parties, speedily discovered that they possessed as little popular influence as their predecessors, with this additional disadvantage, that they wanted the confidence of the king. The legacy of the trial placed them in the most embarrassing relations with his majesty, and completely deprived them of the power of conducting the government with harmony and success. Thus, by this sanguinary act, the country was thrown into disorder, while one ministry was dismembered, and another rendered incapable of discharging its functions.

question, without reference to truth or humanity. Dining at 'sir Edward Montague's, the conversation turned upon the probable issue of the trial, when Boscawen incautiously exclaimed, " Well, say what you will, we shall have a majority, and he will be condemned." Orford relates another story which indicates the efforts that were made to have the sentence carried into execution. Being with the princess Amelia, many years afterwards, the princess told him that, while Byng's affair was pending, the duchess of Newcastle sent lady Sophia Egerton to her, to beg that she would be for the execution; "they thought," added the princess," that unless he was put to death, lord Anson could not be at the head of the admiralty." Byng was so convinced of the real motives to which his vindictive sentence was to be ascribed, that in a paper which he delivered immediately before his death to the marshal of the admiralty, he described himself as "a victim destined to divert the indignation and resentment of an injured and deluded people."

CHAP. XV.

1757-1759.

PAPER CONTROVERSIES. ELECTION FOR ROCHESTER. -THE
KING'S AVERSION TO HIS MINISTERS. — DUKE OF CUMBERLAND
APPOINTED TO THE COMMAND IN HANOVER. DISMISSAL OF
PITT AND HIS FRIENDS. HOPELESS NEGOTIATIONS TO FORM
AN ADMINISTRATION. THE INTER-MINISTERIUM. THE KING
ABANDONS THE
PITT RECALLED. CONDUCT OF
FAILURE OF THE EXPEDITION TO

THE PRINCE

ATTEMPT.
OF WALES.

ROCHEFORT. SIR JOHN MORDAUNT TRIED BY COURT MARTIAL -DISASTERS IN GERMANY.-CONVENTION OF CLOISTER-SEVEN. -DUPLICITY OF THE KING. -SECRET HISTORY OF THAT TRANSACTION. THE DUKE OF CUMBERLAND RESIGNS ALL HIS EMPLOYMENTS. RIOTS ABOUT THE MILITIA BILL.SUPPORT VOTED TO THE KING OF PRUSSIA. - PITT'S OBJECTIONS TO THE GERMAN WAR. DEATHS OF THE QUEEN OF POLAND AND THE PRINCESS CAROLINE. VIOLATION OF THE CONVENTION OF CLOISTER-SEVEN. FRENCH DRIVEN OUT OF HANOVER. — TRIUMPHS OF ABERCROMBIE AND AMHERST IN AMERICA.SUCCESSES IN AFRICA AND THE WEST INDIES. UNFORTUNATE AFFAIR AT ST. CAS. UPWARDS OF TWELVE MILLIONS VOTED FOR THE YEAR. FRESH RUMOURS OF INVASION.

THE new administration was involved from the commencement in angry paper controversies. The partizans of Pitt and Fox emulated the virulence of the adherents of Walpole and Bolingbroke; and the "Test" and "Contest" supplied the place of "Mist's Journal" and the "Craftsman." * But personal motives were too apparent at both sides to attract much attention to the

The "Test" and "Contest" were published every Saturday; the former, principally written by Arthur Murphy, was against Pitt, and the latter against Fox. There was also a paper called the "Monitor," by Dr. Shebbeare, who, says Orford, made a pious resolution to write himself into a place or the pillory. He did both; was put into the pillory at the close of one reign, and received a pension at the beginning of the next.