Page:Biographia Hibernica volume 2.djvu/161

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FORBES. . 157 admiral; an honourable station, which he did not unin terruptedly continue to enjoy, and t h e reason reflected o n him the highest honour, a s a man o f the mildest manners, and most conscientious integrity. On the condemnation o f the unfortunate Admiral Byng, h e was the only mem ber o f the board who refused t o sign the warrant for carrying the sentence into execution; and h e was ho nourable enough t o state openly, cooly, candidly, and firmly, the motives o f h i s heart which urged! him' t o decline sanctioning, b y his acquiescence, what h e con sidered a s a n act o f manifest injustice. The following extract from his statement, will shew the candour o f Mr. Forbes upon this occasion:—“The 12th article o f war, o n which Admiral Byng's sentence i s grounded, says, that every person who i n time o f action shall withdraw, keep back, o r not come into fight, o r d o his utmost, &c. through motives o f cowardice, negligence, o r disaffection, shall suffer death. The court martial does, i n express words, acquit Admiral Byng o f cowardice and disaffec tion, and does not name the word negligence. Admiral Byng does not, a s I conceive, fall under the letter o r de scription o f the 12th article o f war. I t may b e said, that negligence i s implied, though the word i s not mentioned otherwise, the court martial would not have brought h i . offence under the 12th article, having acquitted him o f cowardice and disaffection. But i t must be acknowledged, that the negligence implied, cannot b e wilful negligence; for wilful negligence, i n Admiral Byng's situation, must have either proceeded from cowardice o r disaffection; and h e i s expressly acquitted o f both these crimes; besides, these crimes which are implied only, and not named, may indeed justify suspicion and private opinion, but cannot satisfy the conscience i n case o f blood.” I n consequence o f this statement, h e quitted the admiralty board; a new commission being sealed and published o n April 6 , 1757. But a s virtue i s i n general successful enough t o maintain a superiority over i t s enemies; s o was Mr. Forbes recalled t o his former station with a brilliancy o f character, the