This is the antecedent history of Byng’s trial and execution.  There had been many examples of weak and inefficient action—­of distinct errors of conduct—­such as Byng was destined to illustrate in the highest rank and upon a large scale, entailing an unusual and conspicuous national disaster; and the offenders had escaped, with consequences to themselves more or less serious, but without any assurance to the nation that the punishment inflicted was raising professional standards, and so giving reasonable certainty that the like derelictions would not recur.  Hence it came to pass, in 1749, not amid the agitations of war and defeats, but in profound peace, that the article was framed under which Byng suffered: 

“Every person in the fleet, who through cowardice, negligence, or disaffection, shall in time of action, ... not do his utmost to take or destroy every ship which it shall be his duty to engage; and to assist all and every of His Majesty’s ships, or those of His allies, which it shall be his duty to assist and relieve, ... being convicted thereof by sentence of a Court-Martial, shall suffer death.”

Let it therefore be observed, as historically certain, that the execution of Byng in 1757 is directly traceable to the war of 1739-1747.  It was not determined, as is perhaps generally imagined, by an obsolete statute revived for the purpose of a judicial murder; but by a recent Act, occasioned, if not justified, by circumstances of marked national humiliation and injury.  The offences specified are those of which repeated instances had been recently given; and negligence is ranked with more positive faults, because in practice equally harmful and equally culpable.  Every man in active life, whatever his business, knows this to be so.

At the time his battle with L’Etenduere was fought, Hawke was actually a commander-in-chief; for Warren, through his disorder increasing upon him, had resigned the command, and Hawke had been notified of the fact.  Hence there did not obtain in his case the consideration, so absurdly advanced for limiting Nelson’s reward after the Nile, that he was acting under the orders of a superior several hundred miles away.  Nevertheless, Hawke, like Nelson later, was then a new man,—­“a young officer;” and the honor he received, though certainly adequate for a victory over a force somewhat inferior, was not adequate when measured by that given to Anson, the First Lord of the Admiralty, for a much less notable achievement six months before.  Anson was raised to the peerage; Hawke was only given the Order of the Bath, the ribbon which Nelson coveted, because a public token, visible to all, that the wearer had done distinguished service.  It was at that period a much greater distinction than it afterwards became, through the great extension in numbers and the division into classes.  He was henceforth Sir Edward Hawke; and shortly after the Peace of Aix-la-Chapelle, signed April 30, 1748, another flag-promotion raised him to the rank of Vice-Admiral, of the Blue Squadron.