Briefly a prisoner in France, Balchen, as an officer, was allowed to return to England on parole, where a court martial exonerated him for the loss of his ship and commended him for a brave defence. In 1709, he was formally exchanged for a French officer and returned to naval service, receiving command of the newly built 60-gun HMS "Gloucester" in August. Leaving Spithead on his first cruise in October, he had been at sea for just a few hours when Duguay-Trouin again appeared with a squadron of five ships of the line. Unable to outrun his opponents, Balchen engaged the 74-gun flagship "Lis" before being forced to surrender after being dismasted and threatened with boarding.