tive to the evidence relating to these particulars, it is necessary to give this important portion of his instructions:

"If, upon your arrival at Gibraltar, you shall not gain intelligence of a French squadron having passed the Straits, you are to go on without a moment's loss of time to Minorca; or if, in consequence of such intelligence, you shall detach Rear-Admiral West, as before directed, you are to use equal expedition in repairing thither with the ships which shall remain with you; and if you find any attack made upon that island by the French, you are to use all possible means in your power for its relief. If you find no such attack made, you are to proceed off Toulon, and station your squadron in the best manner you shall be able, for preventing any French ships getting out of that port, or for intercepting and seizing any that may get out; and you are to exert the utmost vigilance therein, and in protecting Minorca and Gibraltar from any hostile attempt."

The whole of the instructions, together with a letter from the Admiralty, relative to the taking on board Lord Robert Bertie's regiment of Royal Fusiliers, some letters from Admiral Byng to the Admiralty, dated at Gibraltar, respecting the state of the place and the intelligence he had there received, and also the minutes of a council of war held there on what was proper to be done in consequence of the orders delivered by him to the governor, with the opinion of the chief engineers at Gibraltar in regard to the throwing of succours into St. Philip's Castle, were all read in court before the examination of witnesses began. It then became a question,

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from what time the enquiry into the conduct of the prisoner should commence, and it was agreed by a majority of eleven to two, that it should commence from the time the squadron sailed from St. Helen's. A short A short paper of the prisoner's was then 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 aspersions that had been cast upon him by his enemies; that he had a very sensible pleasure in considering 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 a moment.” The evidence was voluminous. The following is the most important part, as it bore against and for the Admiral :

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Rear-Admiral West was sworn and examined:

Court: What distance do you imagine the Ramillies (Admiral Byng's ship) might be from the Buckingham (Admiral West's ship) at the time of the engagement with the French fleet?-Admiral West: I believe about three miles.

Court: Do you think the admiral and the rear could have come up to the assistance of the van, and come to as close an engagement with the enemy?-Admiral West I knew of no impediment to the contrary; but I cannot presume to say there was no impediment; nor I would not be understood to mean there was none.

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Court: How was the wind and weather?-Admiral West: The wind was very calm, and the weather exceeding fine.

Court: Could you keep your lower ports open?-Admiral West: Yes, I could; and I knew of but one ship that could not, and that was the Deptford, who lowered her ports occasionally.

Court: Did you see any fire from Admiral Byng's ship during the engagement?-Admiral West: When I was looking towards the Intrepid, which was in distress astern, off her I saw some smoke, which might very probably be from the admiral's ship, or some of his divi sion; but I was not able to discover at what ship it was directed.

Admiral Byng: Was it not in the power of the enemy to decline coming to a close engagement, as the two fleets were situated ?—Admiral West: Yes, it was; but, as they lay to our fleet, I apprehended they intended to fight.

Admiral Byng: Are you of opinion that the forces on board the fleet could have relieved Minorca?-Admiral West: I believe they could not.

Admiral Byng: Were not some of the ships deficient in their complement of men ?-Admiral West: Yes. Admiral Byng: Were not some of the ships out of repair?-Admiral West: Yes.

Admiral Byng: Was not the fleet deficient, in point of force, with the enemy ?-Admiral West: Yes.

General Lord Blakeney examined. He was eightyseven years of age, and had been created an Irish peer for his defence of St. Philip's Castle.

Admiral Byng to the Witness: Do you think the forces I had with me could have been landed at Minorca?-Lord Blakeney: Yes; I think they might very easily be landed.

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Admiral Byng: Was not some fascines thrown in the way?-Lord Blakeney: Yes; but they were such as I think might easily have been destroyed.

Court: If the admiral had attempted to land the men, would it not have been attended with danger?—Lord Blakeney: Danger! most certainly. It could not be so easy as stepping into this ship. I have been upwards of fifty years in the service, and I never knew of any expedition of consequence carried into execution but what was attended with some danger; but of all the expeditions I ever knew this was certainly the worst.

Admiral Byng: Had not the French a castle at the point, which might have prevented the landing of the troops?-Lord Blakeney: Not on the 20th of May; and the enemy were then in such distress for ammunition that they fired stones at the garrison.

Admiral Byng: Do you think that the officers and few men I had on board the fleet could have been of any great service to the garrison ?-Lord Blakeney: Yes, certainly, of great service; for I was obliged, at the time, to set a great number of my men to plaster the breaches.

Captain Everett examined:

Court: What time did you see or discern the island of Minorca?-Captain Everett: We got sight of Minorca about six o'clock on the morning of the 19th of May.

Court: What was your nearest distance from St. Philip's Castle ?-Captain Everett: About eleven or twelve o'clock in the forenoon of the 19th of May, we were about two leagues distant from St. Philip's Castle, and I believe that was the nearest distance I was to it.

Court: What time was the French fleet first discovered?-Captain Everett: About two or three in the afternoon of the same day (the 19th of May), the French fleet were seen distinctly standing to the westward, but I cannot pretend to say at what distance.

Court: How did the British fleet stand at that time? -Captain Everett: To the S.E., the wind at S.S.W.; moderate fine weather.

Court: What time did you see the French fleet preparing for engagement ?-Captain Everett: On the 20th of May, between eight and nine o'clock in the morning. Court: At what distance was the Ramillies from the Buckingham at the time of the engagement?-Captain Everett: I believe about three or four miles.

Court: Could the Admiral and the rear come up to the assistance of the van, and come to as close an engagement with the enemy?-Captain Everett: I am of opinion that the Admiral's division might have carried all their sail, and thereby assisted the van, and prevented them from receiving so much fire from the rear of the enemy.

Saturday, the 1st of January, the Court being sitting, Lord Blakeney appeared, in consequence of Admiral Byng's request, about nine o'clock in the morning, when the Admiral proposed the following question:

Admiral Byng to Lord Blakeney: If I had landed the troops, do you think it could have saved St. Philip's from falling into the hands of the enemy?

Lord Blakeney: It is impossible for me to pretend to answer that question with any certainty; but really I am of opinion that, if they had been landed, it would