Nelson availed himself of Blackwood's presence to have him, together with Hardy, witness his signature to a paper, in which he bequeathed Lady Hamilton and the child Horatia to the care of the nation, and which consequently has been styled a Codicil to his Will. Unless Blackwood's memory a few years later was at fault, in stating that his signal was made at six o'clock,[137] it is likely enough that this early summons was for the special purpose of giving formal completeness, by the attestation of two of his closest friends, to a private duty which was the last to engage Nelson's attention and affections; for, in addition to the date, the place and hour of his writing are fixed by the words, "In sight of the Combined Fleets of France and Spain, distant about ten miles." This was the common estimate of the relative positions, made by the British fleet at large at daybreak, and coincides fairly well with the inferences to be drawn, from the slow rate of speed at which the wind permitted the British to advance, and from the hour the conflict began. Nor was there time, nor convenient room, for further delay. A freshening breeze might readily have brought the fleet into action in a couple of hours, and it is the custom in preparing for battle—the signal for which was made at 6.40—to remove most of the conveniences, and arrangements for privacy, from the living spaces of the officers; partly to provide against their destruction, chiefly to clear away all impediments to fighting the guns, and to moving about the ship. In the case of the admiral, of course, much might be postponed to the last moment, but in fact his cabin was cleared of fixtures immediately after he went on the poop in the early morning; for it is distinctly mentioned that while there he gave particular directions in the matter, and enjoined great care in handling the portrait of Lady Hamilton, saying, "Take care of my guardian angel."

It seems, therefore, probable that this so-called Codicil was written in the quiet minutes of the morning, while the fleet was forming its order of sailing and bearing up for the enemy, but before the admiral's cabin was cleared for battle. In it Nelson first recounted, briefly but specifically, "the eminent services of Emma Hamilton" to the state, on two occasions, as believed by himself to have been rendered. Into the actuality of these services it is not necessary here to inquire;[138] it is sufficient to say that Nelson's knowledge of them could not have been at first hand, and that the credence he unquestionably gave to them must have depended upon the evidence of others,—probably of Lady Hamilton herself, in whom he felt, and always expressed, the most unbounded confidence. "Could I have rewarded these services," the paper concludes, "I would not now call upon my Country; but as that has not been in my power, I leave Emma Lady Hamilton, therefore, a legacy to my King and Country, that they will give her an ample provision to maintain her rank in life. I also leave to the beneficence of my Country my adopted daughter, Horatia Nelson Thompson; and I desire she will use in future the name of Nelson only. These are the only favours I ask of my King and Country at this moment when I am going to fight their battle. May God bless my King and Country, and all those who I hold dear. My relations it is needless to mention: they will of course be amply provided for."

At seven o'clock Nelson had returned from the poop to the cabin, for at that hour was made in his private journal the last entry of occurrences,—"At seven the combined fleets wearing in succession." Here it seems likely that he laid down the pen, for, when he was found writing again, some hours later, it was to complete the long record of experiences and of duties, with words that summed up, in fit and most touching expression, the self-devotion of a life already entering the shadow of death.

Between eight and nine o'clock the other frigate commanders came on board the "Victory;" aides-de-camp, as it were, waiting to the last moment to receive such orders as might require more extensive wording, or precise explanation, than is supplied by the sententious phrases of the signal-book. Blackwood himself, a captain of long standing and of tried ability, was in fact intrusted contingently with no small share of the power and discretion of the commander-in-chief. "He not only gave me command of all the frigates, but he also gave me a latitude, seldom or ever given, that of making any use I pleased of his name, in ordering any of the sternmost line-of-battle ships to do what struck me as best." While thus waiting, the captains accompanied the admiral in an inspection which he made of the decks and batteries of the flagship. He addressed the crew at their several quarters, cautioned them against firing a single shot without being sure of their object, and to the officers he expressed himself as highly satisfied with the arrangements made.

Meanwhile the two fleets were forming, as best they could with the scanty breeze, the order in which each meant to meet the shock of battle. The British could not range themselves in regular columns without loss of time that was not to be thrown away. They advanced rather in two elongated groups, all under full sail, even to studding-sails on both sides, the place of each ship being determined chiefly by her speed, or, perhaps, by some fortuitous advantage of position when the movement began. The great point was to get the heads of the columns into action as soon as possible, to break up the enemy's order. That done, those which followed could be trusted to complete the business on the general lines prescribed by Nelson. Collingwood's ship, the "Royal Sovereign," being but a few days out from home, and freshly coppered, easily took the lead in her own division. After her came the "Belleisle," also a recent arrival off Cadiz, but an old Mediterranean cruiser which had accompanied Nelson in the recent chase to the West Indies. Upon these two ships, as upon the heads of all columns, fell the weight of destruction from the enemy's resistance.

The "Victory," always a fast ship, had likewise little difficulty in keeping her place at the front. Blackwood, having failed to get Nelson on board his own frigate, and realizing the exposure inseparable from the position of leader, ventured, at about half-past nine, when still six miles from the enemy, to urge that one or two ships should be permitted to precede the "Victory." Nelson gave a conditional assent—"Let them go," if they can. The "Téméraire," a three-decker, being close behind, was hailed to go ahead, and endeavored to do so; but at the same moment the admiral gave an indication of how little disposed he was to yield either time or position. The lee lower studding-sail happening to be badly set, the lieutenant of the forecastle had it taken in, meaning to reset it; which Nelson observing, ran forward and rated him severely for delaying the ship's progress. Anything much less useful than a lee lower studding-sail is hard to imagine, but by this time the admiral was getting very restive. "About ten o'clock," says Blackwood, "Lord Nelson's anxiety to close with the enemy became very apparent: he frequently remarked that they put a good face upon it; but always quickly added: 'I'll give them such a dressing as they never had before.'"

Seeing that the "Téméraire" could not pass the "Victory" in time to lead into the hostile order, unless the flagship gave way, Blackwood, feeling perhaps that he might wear out his own privilege, told Hardy he ought to say to the admiral that, unless the "Victory" shortened sail, the other ships could not get into place; but Hardy naturally demurred. In any event, it was not just the sort of proposition that the captain of the ship would wish to make, and it was very doubtful how Nelson might take it. This the latter soon showed, however; for, as the "Téméraire" painfully crawled up, and her bows doubled on the "Victory's" quarter, he hailed her, and speaking as he always did with a slight nasal intonation, said: "I'll thank you, Captain Harvey, to keep in your proper station, which is astern of the Victory." The same concern for the admiral's personal safety led the assembled officers to comment anxiously upon the conspicuous mark offered by his blaze of decorations, knowing as they did that the enemy's ships swarmed with soldiers, that among them were many sharpshooters, and that the action would be close. None, however, liked to approach him with the suggestion that he should take any precaution. At length the surgeon, whose painful duty it was a few hours later to watch over the sad fulfilment of his apprehensions, said that he would run the risk of his Lordship's displeasure; but before he could find a fitting opportunity to speak, a shot flew over the "Victory," and the admiral directed all not stationed on deck to go to their quarters. No remark therefore was made; but it is more likely that Nelson would have resented the warning than that he would have heeded it.

The French and Spanish fleets, being neither a homogeneous nor a well-exercised mass, experienced even greater difficulty than the British in forming their array; and the matter was to them of more consequence, for, as the defensive has an advantage in the careful preparations he may make, so, if he fail to accomplish them, he has little to compensate for the loss of the initiative, which he has yielded his opponent. The formation at which they aimed, the customary order of battle in that day, was a long, straight, single column, presenting from end to end an unbroken succession of batteries, close to one another and clear towards the foe, so that all the ships should sweep with their guns the sea over which, nearly at right angles, the hostile columns were advancing. Instead of this, embarrassed by both lack of wind and lack of skill, their manoeuvres resulted in a curved line, concave to the enemy's approach; the horns of the crescent thus formed being nearer to the latter. Collingwood noted that this disposition facilitated a convergent fire upon the assailants, the heads of whose columns were bearing down on the allied centre; it does not seem to have been remarked that the two horns, or wings, being to windward of the centre, also had it more in their power to support the latter—a consideration of very great importance. Neither of these advantages, however, was due to contrivance. The order of the combined fleets was the result merely of an unsuccessful effort to assume the usual line of battle. The ships distributed along the crescent lay irregularly, sometimes two and three abreast, masking each other's fire. On the other hand, even this irregularity had some compensations, for a British vessel, attempting to pass through at such a place, fell at once into a swarm of enemies. From horn to horn was about five miles. Owing to the lightness of the breeze, the allies carried a good deal of sail, a departure from the usual battle practice. This was necessary in order to enable them to keep their places at all, but it also had the effect of bringing them continually, though very gradually, nearer to Cadiz. Seeing this, Nelson signalled to Collingwood, "I intend to pass through the van of the enemy's line, to prevent him from getting into Cadiz," and the course of the "Victory," for this purpose, was changed a little to the northward.

After this, towards eleven o'clock, Nelson went below to the cabin. It was his habit, when an engagement was expected, to have all the bulkheads[139] upon the fighting decks taken down, and those of his own apartments doubtless had been removed at least as soon as the enemy's sailing was signalled; but it was possible to obtain some degree of privacy by hanging screens, which could be hurried out of the way at the last moment. The "Victory" did not come under fire till 12.30, so that at eleven she would yet be three miles or more distant from the enemy,[140] and screens could still remain. Shortly, after he entered, the signal-lieutenant, who had been by his side all the morning, followed him, partly to make an official report, partly to prefer a personal request. He was the ranking lieutenant on board, but had not been permitted to exercise the duties of first lieutenant, because Nelson some time before, to avoid constant changes in that important station, had ordered that the person then occupying it should so continue, notwithstanding the seniority of any who might afterwards join. Now that battle was at hand, the oldest in rank wished to claim the position, and to gain the reward that it insured after a victory,—a request natural and not improper, but more suited for the retirement of the cabin than for the publicity of the deck.

Whatever the original injustice,—or rather hardship,—it is scarcely likely, remembering the refusal encountered by Blackwood, that Nelson would have consented now to deprive of his "birthright" the man who so far had been doing the work; but the petition was never preferred. Entering the cabin, the officer paused at the threshold, for Nelson was on his knees writing. The words, the last that he ever penned, were written in the private diary he habitually kept, in which were noted observations and reflections upon passing occurrences, mingled with occasional self-communings. They followed now, without break of space, or paragraph, upon the last incident recorded—"At seven the enemy wearing in succession"—and they ran thus:—