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 ran down, and placing herself about a cable’s length on the cutter’s weather-beam, opened a heavy fire, by which she was soon unrigged, and consequently rendered unmanageable. The Penelope being at length compelled to surrender, was boarded by an officer from the Vivo, who demanded Lieutenant Maitland’s sword, but received a peremptory denial, the British colours having been struck to the frigate; a boat from which shortly arrived to take possession, and sent the Vivo’s away.

The Penelope had on board a sum of money, intended for Minorca, which it was not deemed advisable to remove, under the pressing urgency for her immediate departure from Gibraltar. When her crew found there was no chance of escape from the combined fleets, they made an attempt to plunder the treasure, which Lieutenant Maitland most honorably and successfully resisted, alleging, that as public property, it was the lawful prize of the captors.

Lieutenant Maitland was conveyed to the Principe d’Asturias, a Spanish first rate, bearing the flag of Admiral Gravina, who received him into his cabin, and treated him with the utmost kindness. The day after his arrival at Cadiz, Admiral Mazzaredo sent his Captain to acquaint Lieutenant Maitland that he was too much occupied in refitting his ships to see him; but as they were to sail again in a few days, their departure from port should be immediately followed by his liberation. This promise was punctually performed, and he returned to Gibraltar without being exchanged, a compliment to his patron that must have afforded the noble Earl a considerable degree of gratification.

Soon after Earl St. Vincent’s arrival at Portsmouth (Aug. 18, 1799); he heard of a death vacancy which had occurred in the Mediterranean previous to his quitting that station ; and