Page:The English Reports v1 1900.pdf/450

the Isis, was also in the said service and expedition at the said Port Praya Bay, otherwise Port Praya Road, in the said island of St. Jago. And whereas before the committing the said grievances next herein-after-mentioned, and whilst the said squadron, under the command of the said George, as Commander in Chief of the said squadron, was in the said Port Praya Bay, otherwise Port Praya Road, to wit, on the said 16th day of April, in the said year of our Lord 1781, the said squadron, under the command of the said George, as Commander in Chief of 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, and thereupon 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 same squadron, and the said squadron belonging to the French King, under the command of the said Monsieur Suffrein. And whereas also the said squadron belonging to the French King, under the command of the said Monsieur Suffrein, had, after such action or engagement, sailed away, and left his said 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 same squadron, to cut or slip their cables, and put to sea, and pursue the said squadron belonging to the French King, under the command of the said Monsieur Suffrein. And whereas the said squadron of our said Lord the King, under the command of the said George, did afterwards, on the same day and year last aforesaid, put to see after the said squadron belonging to the French King; 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 whereas the said George, as such Commander in Chief as aforesaid, after the said 16th day of April 1781, and whilst the said squadron remained under the command of the said George in foreign parts as aforesaid, (to wit,) at the said Port Praya Bay, otherwise Port Praya Road, in the island of St. Jago [87] as aforesaid, to wit, on the 22d day of April, in the said year of our Lord 1781, charged and accused the said Evelyn of being guilty of other misconduct and neglect on the said 16th day of April 1781, on the occasions and service aforesaid, (that is to say,) for disobedience of the verbal orders of the said George, and of the public signals of the said George, in not cutting his cables, (meaning the cables of the said ship 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, 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 alledged, 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 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