Page:The English Reports v1 1900.pdf/453

for 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, (meaning the said squadron under the command of the said George,) and cleared the wreck of the fore-top-mast, when he the said George bore down upon the enemy, (meaning the said French squadron,) about sun-set of the said 16th day of April; and, upon the said charge, did then and there put, and cause to be put, the said Evelyn under an arrest and imprisonment, in order to be tried by a court-martial for the said last mentioned supposed misconduct and neglect; and, upon the said charge, did also, then and there, suspend and remove the said Evelyn from his place, rank, and station of Captain and Commander of the said ship the Isis, until such court-martial could be held for the trial of the said Evelyn; and although it was the duty of the said George, as such Commander in Chief as aforesaid, to have holden, or caused to have been holden, a court-martial for the trial of the said Evelyn, for the said last-mentioned supposed neglect and misconduct of the said Evelyn, when and so soon as he reasonably and conveniently could, after the said charge, arrest, and suspension; and although the said George, as such Commander in Chief as aforesaid, might reasonably and conve-[91]-niently, after the said charge, arrest, and suspension, have holden, and caused to have been holden, a court-martial for the trial of the said Evelyn, for the said last-mentioned supposed neglect and misconduct, during the stay of the said squadron, under the command of the said George, at Port Praya Bay, otherwise Port Praya Road, as aforesaid, as well as often after the departure of the same squadron from Port Praya Bay, otherwise Port Praya Road, as aforesaid, whilst the same remained under the command of the said George, in foreign parts as aforesaid, there being, during all such time, a competent number of officers, of and in the said squadron, under the command of the said George, to compose such court-martial; and although the said George was, during that time, frequently requested by the said Evelyn to hold, and cause to be holden, such court-martial for the trial of the said Evelyn, as aforesaid, (to wit,) at London aforesaid, in the parish and ward aforesaid; yet the said George, well knowing the premises, but contriving, and wrongfully, injuriously, and maliciously intending to hurt, aggrieve, vex, oppress, injure, and damnify the said Evelyn, and to cause him to be kept under such arrest and imprisonment, and to be suspended and removed from his said rank, station, post, and office of Captain and Commander of the said ship the Isis, for a long and unreasonable space of time, and during such time to deprive the said Evelyn of the benefits, profits, and advantages appertaining to such rank, station, post, and office, and to injure him in his good name, fame, character, and reputation, and to bring him into great contempt and infamy amongst all the officers and men of his said Majesty's squadron, under the command of the said George, as aforesaid; he the said George, wilfully, wrongfully, and injuriously, and contrary to the duty of the said George, as such Commander in Chief as aforesaid, omitted, neglected, and refused to hold, or cause to be holden, a court-martial for the trial of the said Evelyn as aforesaid, during the stay of the said squadron, under the command of the said George, at Port Praya Bay, otherwise Port Praya Road, as aforesaid, or at any time after the departure of the same squadron from Port Praya Bay, otherwise Port Praya Road, as aforesaid, whilst the same remained under the command of the said George, in foreign parts, as aforesaid, and thereby wilfully, wrongfully, and injuriously kept and detained him, the said Evelyn, so under the said arrest, imprisonment, and suspension for a long and unreasonable space of time, and until the trial and acquittal hereafter-mentioned. And the said Evelyn says, that lie, the said Evelyn, afterwards, to wit, on the 1st day of December, in the year of our Lord 1783, to wit, at London aforesaid, in the parish and ward aforesaid, was tried by a court-martial, duly assembled and held in that behalf, for the said last-mentioned supposed neglect and misconduct, and was, by the said court-martial, then and there honourably acquitted thereof; by means of which said wilful, wrongful, and injurious neglect, omission, and refusal of the said George, to hold, or cause to be holden, a court-martial for the trial of the said Evelyn as afore-[92]-said, in reasonable and convenient time as aforesaid, he the said Evelyn not only suffered and endured a long and unreasonable imprisonment, but, during that time, lost and was deprived of divers sums of money, amounting, in the whole, to a large sum, to wit, 20,000l. which he would have gained, if he had been tried as aforesaid,