Contrary to the usual result, the loss of the rear division, in killed and wounded, was heaviest, nearly equalling the aggregate of the two others.[48] This was due to the morning signal to chase to windward, which brought these ships closer than their leaders. As soon as the British van, ten ships, had passed the French rear, its commander, Vice-Admiral Sir Robert Harland, anticipating Keppel's wishes, signalled it to go about and follow the enemy (Fig. 2, V). As the French column was running free, these ships, when about, fetched to windward of its wake. When the Victory drew out of the fire, at 1 P.M., Keppel also made a similar signal, and attempted to wear (c), the injuries to his rigging not permitting tacking; but caution was needed in manœuvring across the bows of the following ships, and it was not till 2 P.M., that the Victory was about on the other tack (Fig. 2, C), heading after the French. At this time, 2 P.M., just before or just after wearing, the signal for battle was hauled down, and that for the line of battle was hoisted. The object of the latter was to re-form the order, and the first was discontinued, partly because no longer needed, chiefly that it might not seem to contradict the urgent call for a re-formation.

At this time six or seven of Harland's division were on the weather bow of the Victory, to windward (westward), but a little ahead, and standing like her after the French; all on the port tack (Fig. 2). None of the centre division succeeded in joining the flagship at once. At 2.30 Palliser's ship, the Formidable (R), on the starboard tack, passed the Victory to leeward, apparently the last of the fleet out of action. A half-hour after this the Victory had been joined by three of the centre, which were following her in close order, the van remaining in the same relative position. Astern of these two groups from van and centre were a number of other ships in various degrees of confusion,—some going about, some trying to come up, others completely disabled. Especially, there was in the south-south-east, therefore well to leeward, a cluster of four or five British vessels, evidently temporarily incapable of manœuvring.

This was the situation which met the eye of the French admiral, scanning the field as the smoke drove away. The disorder of the British, which originated in the general chase, had increased through the hurry of the manœuvres succeeding the squall, and culminated in the conditions just described. It was an inevitable result of a military exigency confronted by a fleet only recently equipped. The French, starting from a better formation, had come out in better shape. But, after all, it seems difficult wholly to remedy the disadvantage of a policy essentially defensive; and d'Orvilliers' next order, though well conceived, was resultless. At 1 P.M.[49] he signalled his fleet to wear in succession, and form the line of battle on the starboard tack (Fig. 2, F). This signal was not seen by the leading ship, which should have begun the movement. The junior French admiral, in the fourth ship from the van, at length went about, and spoke the flagship, to know what was the Commander-in-Chief's desire. D'Orvilliers explained that he wished to pass along the enemy's fleet from end to end, to leeward, because in its disordered state there was a fair promise of advantage, and by going to leeward—presenting his weather side to the enemy—he could use the weather lower-deck guns, whereas, in the then state of the sea, the lee lower ports could not be opened. Thus explained, the movement was executed, but the favourable moment had passed. It was not till 2.30 that the manœuvre was evident to the British.

As soon as Keppel recognised his opponent's intention, he wore the Victory again, (d), a few minutes after 3 P.M., and stood slowly down, on the starboard tack off the wind, towards his crippled ships in the south-south-east, keeping aloft the signal for the line of battle, which commanded every manageable ship to get to her station (Fig. 3, C). As this deliberate movement was away from the enemy, (F), Palliser tried afterwards to fix upon it the stigma of flight,—a preposterous extravagancy. Harland put his division about at once and joined the Admiral. On this tack his station was ahead of the Victory, but in consequence of a message from Keppel he fell in behind her, to cover the rear until Palliser's division could repair damage and take their places. At 4 P.M. Harland's division was in the line. Palliser's ships, as they completed refitting, ranged themselves before or behind his flagship; their captains considering, as they testified, that they took station from their divisional commander, and not from the ship of the Commander-in-Chief. There was formed thus, on the weather quarter of the Victory, and a mile or two distant, a separate line of ships, constituting on this tack the proper rear of the fleet, and dependent for initiative on Palliser's flagship (Fig. 3, R). At 5 P.M. Keppel sent word by a frigate to Palliser to hasten into the line, as he was only waiting for him to renew the action, the French now having completed their manœuvre. They had not attacked, as they might have done, but had drawn up under the lee of the British, their van abreast the latter's centre. At the same time Harland was directed to move to his proper position in the van, which he at once did (Fig. 3, V). Palliser made no movement, and Keppel with extraordinary—if not culpable—forbearance refrained from summoning the rear ships into line by their individual pennants. This he at last did about 7 P.M., signalling specifically to each of the vessels then grouped with Palliser, (except his own flagship), to leave the latter and take their posts in the line. This was accordingly done, but it was thought then to be too late to renew the action. At daylight the next morning, only three French ships were in sight from the decks; but the main body could be seen in the south-east from some of the mastheads, and was thought to be from fifteen to twenty miles distant.

Though absolutely indecisive, this was a pretty smart skirmish; the British loss being 133 killed and 373 wounded, that of the French 161 killed and 513 wounded. The general result would appear to indicate that the French, in accordance with their usual policy, had fired to cripple their enemy's spars and rigging, the motive-power. This would be consistent with d'Orvilliers' avowed purpose of avoiding action except under favourable circumstances. As the smoke thickened and confusion increased, the fleets had got closer together, and, whatever the intention, many shot found their way to the British hulls. Nevertheless, as the returns show, the number of men hit among the French was to the British nearly as 7 to 5. On the other hand, it is certain that the manœuvring power of the French after the action was greater than that of the British.

Both sides claimed the advantage. This was simply a point of honour, or of credit, for material advantage accrued to neither. Keppel had succeeded in forcing d'Orvilliers to action against his will; d'Orvilliers, by a well-judged evolution, had retained a superiority of manœuvring power after the engagement. Had his next signal been promptly obeyed, he might have passed again by the British fleet, in fairly good order, before it re-formed, and concentrated his fire on the more leewardly of its vessels. Even under the delay, it was distinctly in his power to renew the fight; and that he did not do so forfeits all claim to victory. Not to speak of the better condition of the French ships, Keppel, by running off the wind, had given his opponent full opportunity to reach his fleet and to attack. Instead of so doing, d'Orvilliers drew up under the British lee, out of range, and offered battle; a gallant defiance, but to a crippled foe.

Time was thus given to the British to refit their ships sufficiently to bear down again. This the French admiral should not have permitted. He should have attacked promptly, or else have retreated; to windward, or to leeward, as seemed most expedient. Under the conditions, it was not good generalship to give the enemy time, and to await his pleasure. Keppel, on the other hand, being granted this chance, should have renewed the fight; and here arose the controversy which set all England by the ears, and may be said to have immortalised this otherwise trivial incident. Palliser's division was to windward from 4 to 7 P.M., while the signals were flying to form line of battle, and to bear down in the Admiral's wake; and Keppel alleged that, had these been obeyed by 6 P.M., he would have renewed the battle, having still over two hours of daylight. It has been stated already that, besides the signals, a frigate brought Palliser word that the Admiral was waiting only for him.

The immediate dispute is of slight present interest, except as an historical link in the fighting development of the British Navy; and only this historical significance justifies more than a passing mention. In 1778 men's minds were still full of Byng's execution in 1757, and of the Mathews and Lestock affair in 1744, which had materially influenced Byng in his action off Minorca. Keppel repeatedly spoke of himself as on trial for his life; and he had been a member of Byng's court-martial. The gist of the charges against him, preferred by Palliser, was that he attacked in the first instance without properly forming his line, for which Mathews had been censured; and, secondly, that by not renewing the action after the first pass-by, and by wearing away from the French fleet, he had not done his utmost to "take, sink, burn, and destroy." This had been the charge on which Byng was shot. Keppel, besides his justifying reasons for his course in general, alleged and proved his full intention to attack again, had not Palliser failed to come into line, a delinquency the same as that of Lestock, which contributed to Mathew's ruin.

In other words, men's minds were breaking away from, but had not thrown off completely, the tyranny of the Order of Battle,—one of the worst of tyrannies, because founded on truth. Absolute error, like a whole lie, is open to speedy detection; half-truths are troublesome. The Order of Battle[50] was an admirable servant and a most objectionable despot. Mathews, in despair over a recalcitrant second, cast off the yoke, engaged with part of his force, was ill supported and censured; Lestock escaping. Byng, considering this, and being a pedant by nature, would not break his line; the enemy slipped away, Minorca surrendered, and he was shot. In Keppel's court-martial, twenty-eight out of the thirty captains who had been in the line were summoned as witnesses. Most of them swore that if Keppel had chased in line of battle that day, there could have been no action, and the majority of them cordially approved his course; but there was evidently an undercurrent still of dissent, and especially in the rear ships, where there had been some of the straggling inevitable in such movements. Their commanders therefore had uncomfortable experience of the lack of mutual support, which the line of battle was meant to insure.