The engagement continued thus till after 9 o'clock, when [Sidenote: _fol._ 501.] the _Lion_ began to abate of her fire, and, as far as she could, to make a running fight, discharging only now and then a gun. Then the advantage turned to the _Elizabeth's_ side, her rigging not being so much damaged as the _Lion's_, though she had more men killed; and she now approached nearer and nearer the _Lion_, who, finding she could not escape, fired a gun and immediately struck. The _Elizabeth_, not going instantly up to board her, but rather slacking her pace, encouraged the _Lion_ to set up her colours again. The reason of this behaviour of the _Elizabeth_ was owing to the death of both Captain D'oe and his brother, who were killed by the last shot from the _Lion_. This accident, when least expected, and there being but one lieutenant left to command the _Elizabeth_, obliged him to drop sail and to wait for the _Doutelle_, who, finding what had happened to the _Lion_, was making all the sail she could to [Sidenote: _fol._ 502.] come up to the _Elizabeth_, which was soon accomplished, and a council of war was held immediately upon what should be done. It was herein agreed that, as it was ten o'clock, and would be some time before they could get up to the _Lion_, who was making all the haste she could to reach England, they might be in danger of falling in with some other English man of war, and be obliged to engage in the bad condition the ship was in, and then must inevitably be either taken or sunk; and, moreover, would be so much farther from the French coast that, were they to spy a sail, they would not have time to get into any harbour to avoid being taken. Therefore, it was thought proper to desist from pursuing the _Lion_, she being by this time out of sight. It was then asked if the _Elizabeth_ was in a condition to proceed in her intended voyage, when her new commander answered in the negative; for, as he could not refit her at sea for another engagement, it would not therefore be safe to hazard their being sunk or taken, more especially as so many British men of war and [Sidenote: _fol._ 503.] privateers were cruizing at sea, and as he had near 200 men killed and wounded. They then determined to return to Brest. Some of the passengers of the _Doutelle_ endeavoured to prevail upon the Prince to return also till another convoy could be prepared, or the same could be refitted. To this he would not consent, but resolved to proceed on his voyage. The _Elizabeth_, though a French man of war, was sent out as convoy to the _Doutelle_ by one Mr. Walter Rutlets, an Irishman, and a merchant at Dunkirk.