On 14 May, Brenton experienced what he described as "a disaster, which, in my estimation, far exceeded in severity any that had ever befallen me in the whole course of my professional career" while chasing a suspected enemy polacre off Nice. Both ships became becalmed therefore Brenton sent the frigate's boats loaded with 70 of his crew to row ahead and capture what he believed was an unarmed merchant vessel. However the polacre was heavily armed and her guns wreaked havoc on "Spartan's" crew as they attempted to board, forcing the boats to retreat with heavy casualties. Sixty-three men were killed or wounded; among the dead were Brenton's first and second lieutenants. A court of enquiry was held to investigate the disastrous attack on the polacre but the court cleared Brenton of any blame, accepting Brenton's explanation that his zealous first lieutenant had failed to adhere to instructions to turn back if the polacre was armed. However, shortly afterwards Brenton was summoned to a meeting with the commander in chief, Vice Admiral Lord Collingwood, who rebuked Brenton and expressed his dissatisfaction at the outcome of the enquiry. Collingwood ordered him to return to his station off Toulon where the mundane task of watching over the port would offer little opportunity for Brenton to cause further nuisance.