He went out the West Indies to serve under Charles Knowles, and came across the Spanish vessel St. Judea and captured her with her 108 crew.
During this time he served under Commodore Sir George Rodney at Newfoundland and was sent into Conception and Trinity Bay's and as far north as Cape Bonavista where he had authority to hear appeals from decisions of fishing admirals and to enforce the various provisions of the Trade to Newfoundland Act 1698.
[1] Drake was instrumental in making reforms in the Newfoundland justice system in the way that prisoners were incarcerated and the requirement that people charged with criminal offences had to be transported to England for trial.
The instructions given to Drake were to appoint judges and commissioners oyer and terminer to hear all criminal cases except treason.
[2] After returning to England Drake had suggested additional reforms urging that the provision forbidding the execution of those convicted of criminal offences be changed.
[1] Drake then went out to the West Indies again, and was present at the Battle of Havana between 6 June and 13 August 1762 under Sir George Pocock, before retiring on half pay in 1763.
[1] Drake's elder brother, the fifth baronet, had previously represented Bere Alston in the House of Commons.
Lord Sandwich offered him further commands in the fleet under Rodney, but severe attacks of gout forced him to decline, and he eventually struck his flag and went ashore.
Drake's family life is confused in later records with those of his younger brother Francis Samuel.
He may have married, on 23 January 1788 in Ripley, the only daughter of George Onslow, for many years the member of parliament for Guildford.