Battle of Toulon (1744) - Enquiry and Dismissal

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 back 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:

Every Captaine and all other Officers Mariners and Souldiers of every Ship Frigott or Vessell of War that shall in time of any fight or engagement withdraw or keepe backe or not come into the fight and engage and do his utmost to take fire kill and endamage the Enemy Pirate or Rebells and assist and relieve all and every of His Majesties Ships shall for such offence of cowardice or disaffection be tried and suffer paines of death or other punishment as the circumstances of the offence shall deserve and the Court martiall shall judge fitt to require "paines of death" in all such cases.

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 an Invasion of the Netherlands. The Spanish admiral Juan José Navarro was created Marquess of Victory after his conduct of the battle.