Page:The English Reports v1 1900.pdf/451

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 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 conveniently, 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 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 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 num-[88]-ber 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 among 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 he 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 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 aforesaid, 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 in a reasonable and convenient time after the said arrest and suspension, from prizes and captures which were taken and made from the enemy by the said ship the fats, and the other ships of the said squadron, under the command of the said George, in the course of the said service and expedition; and also suffered, sustained, and underwent great [89] hardship, pain, grief, vexation, and anxiety of body and mind, and was thereby put to great and heavy charges and expences of his money, and was greatly aggrieved, hurt, and damnified in his good name, fame, character, and reputation, to wit, at London aforesaid, in the parish and ward aforesaid. And