After arriving back in England, Brenton was duly court-martialled for the loss of "Minerve" but was exonerated and given command of the newly constructed 36-gun frigate HMS "Spartan" in February 1807. "Spartan" was dispatched to the Mediterranean where Brenton was given orders to cruise off Toulon to watch the movements of the French fleet. Arriving off Elba on 27 April, Brenton narrowly avoided capture a second time when he encountered a French squadron of four ships that immediately gave chase. As the leading French frigate bore down on "Spartan", it opened fire but was subsequently becalmed and surrounded by a thick shroud of smoke from its cannonade that enabled "Spartan" to escape.