Page:The English Reports v1 1900.pdf/447

Sovereign Lord the King, had been sent out, and employed, under the command of the said George, as Commander in Chief of the same squadron, upon a particular service and expedition against his said Majesty's enemies, and the said squadron, under the command of the said George, had proceeded, in the course of such service and expedition, to Port Praya Bay, otherwise Port Praya Road, in the island of St. Jago, in foreign parts. And also whereas the said Evelyn, before and on the said 16th day of April, in the said year of our Lord 1781, was Captain and Commander of one of his said Majesty's ships of war, called the Isis, being one of the same squadron, and as such, under the command of the said George, as Commander in Chief of the said squadron, and which said ship, called the Isis, was also in the said squadron, in the said service and expedition, at the said Port Praya Bay, otherwise Port Praya Road, [82] in the said island of St. Jago. And whereas, before the committing of the said several grievances herein-after mentioned, and whilst the said squadron, under the command of the said George, as Commander in Chief thereof, was in the said Port Praya Bay, otherwise Port Prays Road, to wit, on the said 16th day of April, in the year of our Lord 1781, the said squadron was attacked in a hostile manner by a squadron of ships and vessels of war, of great force, belonging to the French King, under the command of one Monsieur Suffrein, as Commander in Chief of the said French squadron; in consequence of which an action, or engagement, then and there took place between his said Majesty's squadron, under the command of the said George, as Commander in Chief of the said squadron, and the said squadron belonging to the French King, under the command of the said Monsieur Suffrein, and in which action, or engagement, the said ship, called the Isis, had been greatly damaged. And whereas also, the said squadron belonging to the French King, under the command of the said Monsieur Suffrein, after such action or engagement, on the same 16th day of April 1781, sailed away from and left his Majesty's squadron under the command of the said George, in the said bay or road; and the Commanders of the said ships and vessels of his said Majesty's squadron were thereupon ordered by the said George, as commander in Chief of the said squadron, to cut or slip their cables, and put to sea, after the said squadron belonging to the French King, under the command of the said Monsieur Suffrein. And the said George, as such Commander in Chief, as aforesaid, then and there, by signal for that purpose, caused the said squadron, under his command, to be formed in line of battle, and bore down, with the said squadron under his command, upon the said enemy; about sun-set of the same 16th day of April 1781, in order to engage the said enemy; but no further engagement between the said squadrons took place, and the said squadron, under the command of the said George, returned to Port Praya Bay, otherwise Port Praya Road aforesaid; and although he the said Evelyn, during the whole of the said engagement with the said French squadron, and the said pursuit and bearing down upon the said French squadron as aforesaid, and during the whole of the said 16th day of April 1781, behaved and conducted himself as a gallant, good, loyal, obedient, and faithful Captain and Commander of the said ship of war, called the Isis, and did his duty as such, to the best of his power, skill, and ability, and the state and condition of the said ship the Isis, and was never guilty of delaying or discouraging the public service on the said 16th day of April 1781, or at any other time, or of wilfully or willingly disobeying the verbal orders or public signals of the said George in any respect, nor of wilfully and improperly falling a-stern, and not keeping up in the line of battle, according to the signal then abroad, after the Isis had joined the squadron, and cleared the wreck of the fore-top-mast, when he the said George bore down upon the enemy about sun-set of the said 16th day of April, or of any other neglect, disobedience, misconduct, or misbehaviour, [83] as Captain of the said ship called the Isis; yet the said George, well knowing the premises, but maliciously, injuriously, and wrongfully contriving and intending to hurt the said Evelyn in his good name, fame, character and reputation, as a Captain and Commander of a ship of war in his Majesty's service, and to cause him to be suspected of cowardice, treachery, disloyalty, disobedience of orders, neglect, and misconduct, and to bring him into great disgrace, infamy, and contempt, with all his Majesty's subjects, and to deprive him of his rank and station of Captain and Commander of the said ship, and of the profits and emoluments thereto belonging, and to