that his misconduct arose either from cowardice or disaffection, and do therefore unanimously think it their duty earnestly to recommend him as a proper object of mercy." The court-martial went further, for in transmitting of their proceedings to the Board of Admiralty, they likewise sent their lordships a letter, which conIcluded in these terms:

a copy

"We cannot help laying the distresses of our minds before your lordships on this occasion, in finding ourselves under the necessity of condemning a man to death from the great severity of the 12th Article of War, part of which he falls under, and which admits of no mitigation, even if the crime should be committed by an error in judgment; and therefore, for our own 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."

The king and his ministry met this representation and other applications in behalf of Admiral Byng by referring the legality of the judgment of the court-martial to the consideration of the twelve Judges at Westminster, who were unanimously of opinion that the sentence was legal. This was really doing nothing. It was not the strict literal correctness of the sentence that was doubted, but Byng's friends mainly looked to that mercy which was the attribute of the sovereign. The Lords of the Admiralty, on the Judges giving their decision, signed a warrant for Byng's execution: two lords, however, nobly, to their own detriment and loss of place, refused to concur in the proceeding. These were Admirals West and Forbes. Captain, afterwards Admiral, Lord Keppel (who on

a future day was to be subjected to a similar trial) made a last effort to save Byng, and got a temporary respite, by stating in the House of Commons, of which he was a member, that he and other members of the courtmartial desired to be released from their oath of secrecy, that they might reveal the grounds on which they recommended Byng to mercy. A bill was accordingly brought into the House of Commons for that purpose, and it passed with little opposition; but being carried to the Lords, it was there so vigorously opposed that it was thrown out on the second reading.

The following admirable letter was addressed by the Hon. Mrs. Osborn, Byng's sister,* to the Lords of the Admiralty:

“MY LORDS,—The judges having reported to His Majesty in council, that the sentence passed on my unfortunate brother is a legal one, permit me to implore your lordships' intercession with His Majesty for his most gracious mercy, and to hope your lordships will not think an afflicted sister's application ill-founded, in a case so hardly circumstanced, and which the judges (though by the severity of the law they thought themselves obliged to pronounce the fatal sentence) have so earnestly recommended to your lordships' humanity; to your justice I will not presume to add, though in their letter to your lordships they say, 'that in justice to the prisoner, as well as for their own conscience' sake, they recommend him to His Majesty's mercy.'

* This lady, the only daughter to survive him, of George, first Viscount Torrington, was Sarah, wife of John Osborn, Esq., and mother of Sir Danvers Osborn, third Baronet of Chicksands Priory, Bedfordshire, the direct ancestor of the present Sir George Robert Osborn, Bart.

"The court-martial, my lords, seemed to have acquitted my unhappy brother of cowardice and disaffection, and, therefore, it is presumed he stands sentenced under the head of negligence. It is not fitting, perhaps, that a wretched woman, as I am, should offer any arguments in my brother's relief to your lordships, who are masters of the whole: but what criminal negligence, my lords, can there have been, in which neither cowardice nor disaffection have had a part? What criminal negligence can there have been, since his judges thought it incumbent on them, for their own conscience' sake, and in justice to the prisoner, to recommend him to His Majesty's mercy?

"I must submit to your lordships, whether it be the meaning of the law that every kind of negligence, wilful or not, should be punished with death. If so, it is not for me to make an observation on the law; if not, a negligence arising neither from cowardice, disaffection, nor wilfulness, ought not, according to the spirit and intention of the law, to be deemed capital.

"Why, my lords, should my poor brother suffer, when both the sentence by which he is condemned, and the letter to your lordships, by which he is so strongly recommended to His Majesty's mercy, fully prove that his judges did not deem him deserving the punishment they thought themselves obliged to sentence him to? I hope your lordships will not think he ought to suffer, either under a law unexplained or doubtful, or under a sentence erroneously passed, if the law has been misunderstood; and if my unfortunate brother has been condemned under the 12th Article, according to the

spirit and meaning of which he should not have been condemned, I submit to your lordships whether his life should be the forfeit.

"If there is a doubt on the principles and motives that induced the court-martial to entreat the intercession of your lordships with His Majesty for mercy, I submit to your lordships whether these motives should not be more fully explained before it be too late. It would be needless to mention the usual course of His Majesty's mercy to the condemned, upon the application of his judges, if my unhappy brother's case had circumstances particularly unfavourable to it; but, on the contrary, for the reasons I have ventured briefly to offer, and the many others that must occur to your lordships, his case appears to be uncommonly hard, and well deserving that mercy to which his judges have so earnestly recommended him. I hope I shall stand excused, if I beseech your lordships' immediate intercession with His Majesty in his behalf. 17th February, 1757."

This letter passed unheeded.

Byng prepared himself for death. He was ordered to be executed on board the Monarque in Portsmouth harbour, on the 14th March, 1757.

Two illustrious Frenchmen also interfered to rescue Byng. The one was Voltaire, ever humane whatever his faults might be; and the other was the Duke of Richelieu, a Marshal of France, the successful invader of Minorca.

The Marshal Duke of Richelieu wrote in French; but

M. de Voltaire wrote in English. Voltaire's letter, and the duke's translated, run as follows:

"Clux Délices près de Genêve.

"Sir,-That 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 Marishal Duke of Richelieu : honour, humanity, and equity, order me to convey it into your hands. This noble and unexpected testimony from one of the most candid as well as the most generous of my countrymen, makes me presume your judges will do you the same justice.

"I am, with respect, Sir, &c.,

"To the Hon. J. Byng, Esq."

"VOLTAIRE.

"Sir,—I am very sensibly concerned for Adm. Byng; I do assure you whatever I have seen or heard of him does him honour. After having done all that man could reasonably expect from him, he ought not to be censured for suffering a defeat. When two commanders contend for victory, tho' both are equally men of honour, yet one must necessarily be worsted, and there is against Mr. Byng but his being worsted, for his whole conduct was that of an able seaman, and is justly worthy of admiration. The strength of two fleets was at least equal; the English had 13 ships and we 12, much better equipped and much cleaner. Fortune that presides over all battles, and especially those that are fought at sea, was more favourable to us than to our adversaries, by sending our balls into their ships with greater execution.

I