Outnumbered, outgunned, lacking
sufficient marines to break the siege of Port Mahon, the capital of Minorca,
Byng sailed forth. On the 20th May 1756 Byng fought an indecisive engagement
off the coast of Minorca during which the fleet suffered significant damage.
Although Byng remained in situ he still lacked ground forces to break the
siege. After four days a council of war voted unanimously to withdraw to
Gibraltar. Shortly thereafter a furious Admiralty, no doubt conscious of their
culpability for Britain's readiness for war, recalled Byng to England, arrested
and charged with a breach of Article 12 of the Articles of War.
What followed aboard HMS St
George was one of the most sensational courts-martial in history. Under enormous
political and public pressure, the court-martial determined that Byng had not
shown cowardice but had 'failed to do his utmost' and sentenced him to
death, the only sentence available. The King, George II, declined to exercise
the royal prerogative of mercy and Byng fell 'a martyr to political
persecution' according to his tomb. Voltaire uttered the immortal line 'pour encourager
les autres' and a fierce debate began, which rages to this day as the to the
legal, ethical and military legitimacy of the conviction and sentence. More ink
has been spilt to defend or damn Byng in the intervening centuries than blood
at Minorca.
Alexander Kent, a student
reading for an MA at Dalhousie University in Nova Scotia, had recently added to
the debate from a very different angle with a dissertation considering 'How
Honour influenced the Court Martial and Execution of Admiral John Byng'. Kent's
thesis is that each party in the trial and the ultimate authority, the King
were guided in the decisions they made by their own considerations of Honour.
Ultimately, he suggests, the Court Martial was an effort to repair and protect
the honour of those involved.
Kent's work is an interesting
reconsideration of what remains an important topic even after all this time.
Whatever the legalities of the proceedings and the motives of the participants
the story of Adm Byng continues to influence, perhaps unknowingly the Royal
Navy and the military justice systems which grew from the Articles of War.
Perhaps fatally for Byng he failed to pursue the withdrawing French fleet after
the Battle of Minorca, albeit for sound reasons. However, almost ever since the
Royal Navy has had a much more aggressive approach embodied by Nelson who was
born the year after Byng's death. I recall from my own undergraduate work the
fates of HMS
Glowworm and HMS
Jervis Bey, who went into action in conditions far more disadvantageous
than Byng faced. Additionally, the Royal Navy's attitude to military justice
system is often (in this author's experience) sterner than other services. One
judge advocate with a naval background, who shall remain nameless, commenting
that what we need is "quick, dirty justice".
Kent has a lot to cover in this dissertation in order to bring to the reader the complexities of the naval situation, the political scene and notions of honour starkly different to those of our own age and he manages a fine overview. It would have been good to have more detail in relation to some of the facets of his thesis, particularly Byng's decision not to contest parts of the prosecution case on grounds of honour, a notion entirely foreign to this defence advocate. Honour is of course a very difficult term to define but on occasion there appeared a number of unsupported assertions. Although that probably displays the reader's ignorance rather than anything else. It is an interesting addition to the ongoing debate around the Byng case and a useful reminder to those who practice in the courts-martial which come after Byng to continue to re-examine the shared roots of our systems in order to guard against assumption and tradition for tradition's sake...fiat justitia ruat caelum.
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