A Short History of the Royal Navy, 1217-1815. Volume II, 1689-1815Hannay, David
History
A Short History of the Royal Navy, 1217-1815. Volume II, 1689-1815
Hannay, David
Great Britain. Royal Navy -- History
There now remained nothing to be done but to try Admiral Mathews. He
appeared before a court martial in June 1746—and was sentenced to
be cashiered. That he was a stupid man, and was equally unfit to be
a minister plenipotentiary or an admiral, is true. In giving up the
pursuit of the allies, and so losing his chance to renew the battle,
he showed extreme dulness and even want of spirit. But in the action
he had fought manfully, and if his example had been well followed the
Spanish squadron would in all probability have been cut to pieces. His
great sin in the opinion of the court was that he engaged in such a
way as to make the maintenance of the line impossible while the signal
to preserve it was flying. Again we have to arrive at the conclusion
that, from the point of view of the court martial, it was better that
the enemy should not be brought to action than that the line should be
disordered. Such a result could only have been reached by men who had
never spent an hour in thinking out the methods of fighting a battle to
the best purpose, but had simply accepted the sixteenth article of the
Fighting Orders with the docility of pedants. The consequence of their
finding was to rivet the tyranny of a pedantic rule so firmly that it
required forty years of war, and an extraordinary combination of happy
circumstances at the end of them, to free the navy from its bonds.
In the course of these trials an incident took place which is of
interest, because it settled the question of the subordination of the
military to the civil courts. The President of the court martial formed
to try Admiral Mathews was Perry Mayne, Rear-Admiral of the Blue. It
happened that Admiral Mayne had sat on a court martial in the West
Indies to try a lieutenant of marines named Frye, and had sentenced
him to dismissal and imprisonment. Lieutenant Frye took proceedings
against the members of the court in England for acting beyond their
powers and for imprisoning him illegally. He gained his case, and £800
damages. In the course of these proceedings a writ was issued by Sir
John Willes, Chief Justice of the Common Pleas, against Perry Mayne and
Captain Rentoul, another of Mathews’ judges, who also had sat on the
court martial. The other members of the court were extremely angry at
this interference with their President, and recorded a violent protest
against the action of Sir John Willes, in which they were encouraged
not only by the king, who was a German prince, and very ignorant of
English ways to the end of his life, but by the Lords of the Admiralty
and Corbet the Secretary, who ought to have known better. Sir John
Willes at once asserted his authority by attaching all the members of
the court for contempt. They were compelled to present a very humble
and public apology.
Public-domain text, read in full here on John Shaqi.
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