Page:The English Reports v1 1900.pdf/445

Isis, and of the profits, advantages, and emoluments thereto belonging, and to subject him the said Evelyn to the pains and penalties by the laws and statutes of this realm inflicted upon Captains and Commanders of ships of war, guilty of cowardice, disobedience of orders, neglect, misconduct, and other the crimes afore said, and to put him the said Evelyn to great labour and trouble of body and mind, and to great charges and expences of his money, and to impoverish and rain him the said Evelyn; he the said George, so being such Commander in Chief as afore said, afterwards, to wit, on the 22d of April, in the said year of our Lord 1781 aforesaid, at Port Praya Bay, otherwise Port Prays Road, aforesaid, to wit, at London aforesaid, in the parish of Saint Mary le Bow, in the [79] ward of Cheap, falsely and maliciously, and without any reasonable or probable cause, charged and accused the said Evelyn with having, on the said 16th day of April 1781, on the occasions and service aforesaid, committed the crimes and offences hereafter next mentioned, that is to say, disobedience of his the said George's verbal orders and public signals, in not cutting his the said Evelyn's cables (meaning the cables of the said ship the Isis), and putting to sea after the enemy (meaning the said French squadron), as he the said George had directed, and for falling a-stern after he the said Evelyn had joined the squadron (meaning the said squadron under the command of the said George as aforesaid), and not keeping up in the line of battle, after he the said Evelyn had cleared the wreck of the fore-top-mast, when he the said George made the signal for the line of battle a-breast, and bore down on the enemy (meaning the said French squadron) at sun-set; by which disobedience and neglect, as the said George charged and alleged, the enemy (meaning the said French squadron) were enabled to take their disabled ship in tow, to lead the squadron under the command of the said George far to leeward of the island (meaning the said island of St. Jago), to draw matters on in such a train that it became impossible to engage them (meaning the said French squadron) with the whole force of the said squadron under the command of the said George before the close of day, and in case of following the enemy (meaning the said French squadron) until the morning, or attacking them in the night, the said George must have given up all hopes of ever rejoining the transports and East India ships under the said George's convoy, whereby an opportunity was lost of improving the victory the said squadron, under the command of the said George, had obtained. And the said George, as such Commander in Chief as aforesaid, afterwards, to wit, on the said 22d day of April in the year aforesaid, at Pori Praya Bay, other wise Port Praya Road, to wit, at London aforesaid, in the parish and ward aforesaid, out of his further malice to the said Evelyn, did, under colour and pretence of the said supposed crimes and offences, falsely, maliciously, wrongfully, and injuriously, and without any reasonable or probable cause, put, and cause to be put, him the said Evelyn under an arrest and imprisonment, in order that he the said Evelyn might be tried by a court-martial for the same supposed crimes and offences, and did also wrongfully, maliciously, and injuriously, and without any reasonable or probable cause, under colour and pretence of the said supposed crimes and offences, suspend and remove him the said Evelyn from his said office, post, and rank, of Captain and Commander of the said ship the Isis, until a court-martial should be held for the trial of the said Evelyn, for the same supposed crimes and offences; and maliciously, and without any reasonable or probable cause, sent, and caused to be sent, him the said Evelyn, so being under the said arrest, imprisonment, and suspension, into the East Indies, and from thence to Great Britain, in order to be tried by a court-martial for the said supposed crimes and offences; and maliciously, and without any [80] reasonable or probable cause, kept, and caused him the said Evelyn to be kept, under such arrest, imprisonment, and suspension, for a long space of time, to wit, from the said 22d day of April 1781, until the 11th day of December 1788, and until the time of the trial and acquittal hereafter next mentioned. And the said George, out of his further malice towards him the said Evelyn, and contriving and intending as aforesaid, afterwards, to wit, on the 1st day of December, in the year of our Lord 1783, at London aforesaid, in the parish and ward aforesaid, falsely, maliciously, and without any reasonable or probable cause, caused and procured the said Evelyn to be tried by and before a court-martial, for that purpose duly assembled on board his Majesty's ship Princess Royal, before