Court-martial
The failure to hold Fort St Philip initially caused public outrage among fellow officers and the country at large. Byng was brought home to be tried by court-martial for breach of the Articles of War, which had recently been revised to mandate capital punishment for officers who did not do their utmost against the enemy, either in battle or pursuit.
The Articles had been revised following an event in 1745, during the War of Austrian Succession, when a young lieutenant named Baker Phillips was court-martialed and shot after his ship was captured by the French. His captain, who had done nothing to prepare the vessel for action, was killed almost immediately by a broadside. Taking command, the inexperienced junior officer was forced to surrender the ship when she could no longer be defended. Although the negligent behaviour of Phillips's captain was noted by the subsequent court martial and a recommendation for mercy entered, his sentence was approved by the Lords Justices of Appeal. This injustice angered the nation and the Articles of War were amended to become one law for all: the death penalty for any officer who did not do his utmost against the enemy in battle or pursuit.
The court martial sitting in judgement on Byng acquitted him of personal cowardice and disaffection, and convicted him only for not having done his utmost, since he chose not to pursue the superior French fleet, instead deciding to protect his own. Once the court dermined that Byng had "failed to do his utmost", it had no discretion over punishment under the Articles of War, and therefore condemned Byng to death. However, its members recommended that the Lords of the Admiralty ask King George II to exercise his royal prerogative of mercy.
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