Battle of Toulon ( 1744 ) The naval Battle of Toulon or Battle of Cape Sicié took place on 22 February 1744 in the Mediterranean off the coast of Toulon , France . A combined Franco - Spanish fleet fought off Britain ' s Mediterranean fleet . The French fleet , not officially at war with Great Britain , only joined the fighting late , when it was clear that the greatly outnumbered Spanish fleet had gained the advantage over its foe . With the French intervention , the British fleet was forced to withdraw . In Britain the battle was regarded as the most mortifying defeat ; the Franco - Spanish fleet successfully ended the British blockade and inflicted considerably more damage to the British than they received , causing the British to withdraw to Minorca in need of heavy repairs . The retreat of Admiral Mathews ' fleet left the Mediterranean Sea temporarily under Spanish control , allowing the Spanish navy to deliver troops and supplies to the Spanish army in Italy , decisively swinging the war there in their favour . Thomas Mathews was tried by court - martial in 1746 on charges of having brought the fleet into action in a disorganised manner , of having fled the enemy , and of having failed to bring the enemy to action when the conditions were advantageous . He was one of seven ship captains dismissed from service . In English - language literature the battle is viewed as indecisive at best and a fiasco at worst . Engagement . The outbreak of war with Spain and the imminent threat of war with France during the early stages of the War of the Austrian Succession led to Mathews ' return to active service after seven years of effective retirement , with a promotion directly to vice - admiral of the red on 13 March 1741 . He was given a command in the Mediterranean , and made plenipotentiary to Charles Emmanuel III , king of Sardinia , and the other courts of Italy . The appointment was somewhat unexpected , Mathews was not especially distinguished , and had not served in the navy for a number of years . His second in command in the Mediterranean was Rear - Admiral Richard Lestock , a man Mathews knew from his time as commissioner at Chatham , when Lestock had commanded the guardship s stationed in the Medway . The two had not been on good terms , and on receiving the Mediterranean posting , Mathews requested that Lestock be recalled , a request the Admiralty declined to act upon . The two men continued their disagreements during their time in the Mediterranean , though Mathews ' continued distractions with diplomatic duties meant that they did not break out into an open argument . In 1742 Mathews sent a small squadron to Naples to compel King Charles , later the King of Spain , to remain neutral . It was commanded by Commodore William Martin , who refused to enter into negotiations , and gave the king half an hour in which to return an answer . The Neapolitans were forced to agree to the British demands . In June 1742 a squadron of Spanish galleys , which had taken refuge in the Bay of Saint Tropez , was burnt by the fire ships of Mathews ' fleet . In the meantime a Spanish squadron had taken refuge in Toulon , and was watched by the British fleet from Hyères . On 21 February 1744 ( N . S . , 10 February O . S . ) the Spaniards put to sea in company with a French force . Mathews , who had now returned to his flagship , followed , and an engagement took place on 22 and 23 February . The fleets had become scattered in the light winds as they approached , and as they began to form up for the battle on 22 February , Mathews signalled for the formation of the line of battle . The line had still not been formed as night fell , leading Mathews to hoist the signal to come to , intending for his ships to first finish forming the line . The van and centre squadrons did so , but Lestock , commanding the rear , obeyed the order to come to without having formed the line . By daybreak on 23 February , the rear of the British fleet was separated by a considerable distance from the van and centre . Mathews signalled for Lestock to make more sail , reluctant to start the attack with his ships still disorganised , but the slowness of Lestock to respond caused the Franco - Spanish force to start to slip away to the south . Mathews feared that they would escape him and pass through the Straits of Gibraltar to join the French force gathered at Brest for the planned invasion of Britain . Knowing that his duty was to attack , Mathews hoisted the signal to engage the enemy aboard his flagship , and at one o ' clock left the line to attack the Spanish rear , followed by Captain James Cornewall aboard HMS " Marlborough " . In doing so , the signal to form the line of battle was left flying . The two signals flying simultaneously created confusion , though a number of British commanders , including Captain Edward Hawke , followed Mathews ' example . Heavily outnumbered and unsupported , with his other commanders either too uncertain , or in the case of Lestock , possibly pleased to see Mathews in difficulty and unwilling to help him , " Namur " and " Marlborough " managed to successfully engage their opposite numbers in the enemy line , but suffered considerable damage . At the rear of the ships being attacked , five more Spanish ships followed , at some distance due to the slow speed of the one ahead : " Brillante , San Fernando , Halcon , Soberbio " and " Santa Isabel " . There was some exchange of fire between these and the lead ships of the English rear . Most of Lestock´s ships in the rear remained inactive during the battle . The main action was being fought around " Real Felipe " , Navarro´s flagship . " Marlborough " purposefully crossed the Spanish line , but suffered such severe damage that she was deemed to be on the verge of sinking . The " Hercules " , astern of the " Real Felipe " , vigorously fought off three British ships , while the " Constante " , immediately ahead of the flagship , repelled the attack of a British ship - of - the - line , which was promptly replaced by two more , with which she continued to fight for nearly three hours . The French ships came about at 5 o ' clock to aid the Spanish , a manoeuvre interpreted by some of the British commanders to be an attempt to double the British line and surround them . With no orders from Mathews and a lack of clear instructions or command structure , the British line broke , and began to flee to the northwest . The Spanish , still on the defensive , neglected to capture the defenceless " Marlborough " , though they did retake the " Poder " , which had previously surrendered to the British . The Franco - Spanish fleet then resumed their flight to the southwest , and it was not until 23 February that the British were able to regroup and resume the pursuit . They caught up with the enemy fleet again , which was hampered by towing damaged ships , and the unmanoeuvrable " Poder " was abandoned and scuttled by the French . By now the British had closed to within a few miles of the enemy fleet , but Mathews again signalled for the fleet to come to . The following day , 24 February , the Franco - Spanish fleet was almost out of sight , and Mathews returned to Hyères , and sailed from there to Port Mahon , where he arrived in early March . Enquiry and dismissal . The failure of the British fleet to bring a decisive action against a foe of such an inferior number had significant consequences . The opposing fleet was able to deliver troops and supplies to the Spanish army in Italy , decisively swinging the war there in their favour . This was widely remarked on in Britain . The House of Commons petitioned King George II for a public enquiry , and a dozen captains were tried by court - martial and cashiered . Lestock was also tried , but was able to place the blame on Mathews , and with the help of powerful supporters in government , was acquitted and offered further employment . Mathews was tried by court - martial in 1746 , on charges of having brought the fleet into action in a disorganised manner , of having fled the enemy , and of having failed to bring the enemy to action when the conditions were advantageous . In his defence it was shown that he had fought bravely , but in June 1747 the court judged the charges were proven , and Mathews was dismissed from the service . The court - martial was hampered by interference from politicians and civilian courts , so in 1749 Parliament amended the 1661 Articles of War to enhance the autonomy of naval courts . It also amended the section that read : These events were followed by a French declaration of war on Britain and Hanover in March ; in May came a French declaration of war on Maria Theresa and invasion of the Netherlands . The Spanish admiral Juan José Navarro was created " Marquess of Victory " after his conduct of the battle . Order of battle . 4 frigates < br > 4 fire ships