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I BROWN.
SUTTON v. JOHNSTONE [1787]


subject him 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 aforesaid, and to put him to great labour and trouble of body and mind, and to great charges and expences of his money, and to impoverish and ruin him; he the said George, so being such Commander in Chief as aforesaid, afterwards, to wit, on the 22d day of April, in the said year of our Lord 1781 aforesaid, at Port Praya Bay, otherwise Port Praya Road, aforesaid, to wit, at London aforesaid, in the parish and ward aforesaid, falsely and maliciously, and without any reasonable or probable cause, charged an accused the said Evelyn with other the crimes and offences hereafter next mentioned, relative to the conduct of the said Evelyn, as Captain and Commander of the said ship the Isis, on the occasions aforesaid; that is to say, for delaying a discouraging the public service (meaning the service of our Sovereign Lord the King) on the said 16th day of April 1781, and for disobeying his the said George's verbal orders and public signals, in not causing the cables of his Majesty's ship Isis, then under his the said Evelyn's command, to be cut or slipt immediately after his getting on board, in order to put to sea after the enemy (meaning the said French squadron) as he the said George had directed, and also 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 squadron under the command of the said George as aforesaid,) 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 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 Port Praya Bay, otherwise Port Praya Road aforesaid, (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 last-mentioned 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 be 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 [84] probable cause, under colour of the said last-mentioned 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 last-mentioned 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 last-mentioned supposed crimes and offences; and maliciously, and without any 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 22d day of April, in the year of our Lord 1781, to the 11th day of December, in the your of our Lord 1783, 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, contriving and intending as aforesaid, afterwards, (to wit,) on the 1st day of December, in the year of our Lord 1783, at London aforesaid, (to wit,) 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, assembled on board his Majesty's ship Princess Royal, before John Montague, esquire, Admiral of the Blue Squadron of his Majesty's fleet, and Commander in Chief of his Majesty's ships and vessels at Portsmouth and Spithead, President, John Campbell, esquire, Vice-Admiral of the White Squadron of his Majesty's fleet, Captain Jonathan Faulknor, Captain Sir John Hamilton, baronet, Samuel Marshall, William Affleck, James Bradby, Alexander Edgar, Samuel Osborn, Jonathan Faulknor, jun. John Wainwright, and Patrick Sinclair, esquires, upon a false, malicious, and injurious charge exhibited against the said Evelyn, as late Commander of his Majesty's ship Isis, by the said George, as late Commander in Chief of his said Majesty's ships and vessels, employed on the said service, for

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