Page:The English Reports v1 1900.pdf/452

also, whereas on the said 16th day of April, in the year of our Lord 1781, and long before and afterwards, there were open war and hostilities between our said Lord the now King, and the French King, his most Catholic Majesty, and the States General of the United Provinces. And whereas during such war and hostilities, and before the committing of the grievances next herein-after-mentioned, (that is to say,) on the 16th day of April, in the year of our Lord 1781, a squadron of ships and vessels of war, of and belonging to our said 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 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 said island of St. Jago, in foreign parts. And also, whereas the said Evelyn, before the committing of the said grievances next hereafter-mentioned, (that is to say,) on the said 16th day of April, in the year of our Lord 1781, was Captain and Commander of one of his Majesty's ships of war called the Isis, being one of the said squadron, 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 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 of 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 Prays 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 [90] 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 sea 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 the said Port Praya Bay, otherwise Port Praya Road aforesaid. And whereas the said George, as such Commander in Chief as aforesaid, after the said 16th flay 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 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, (that is to say,) for delaying and discouraging the public service on which he the said Evelyn was ordered 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 cable of his Majesty's ship Isis, then under his the said Evelyn's command, to be cut or slipt immediately after his, the said Evelyn's, 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