When now, on the morning of the 28th February 1758, Gardiner found himself among the chasing ships of Osborn’s squadron, and saw the French ships in flight, he singled out the mighty _Foudroyant_, and crowded sail in pursuit. The =Swiftsure= and the =Hampton Court= accompanied him, but they were heavy sailers and soon fell behind. The chase began early in the morning, and was prolonged till evening, when the _Foudroyant_ and the =Monmouth= were alone. As he pressed on the chase, Captain Gardiner, so tradition recorded by Charnock tells, said to a military officer who was with him, “Whatever becomes of you and me, this ship (pointing presumably at the _Foudroyant_) must go into Gibraltar.” Also he called his crew aft, and said, “That ship must be taken, she appears above our match, but Englishmen are not to mind that, nor will I quit her while this ship can swim, or I have a soul left alive.” Finding that he could not shake off his pursuer, and feeling not unreasonably confident that the other English ships were too far off to act against him, Captain Duquesne turned on the =Monmouth=. If M. Troude, the most careful historian of the French Navy, is right, the _Foudroyant_ suffered from a weakness which was infinitely dishonourable. Her crew was so mutinous that Captain Duquesne could not use the guns of his second deck. The men ran below very soon after the action began. This goes far to explain the action. The _Foudroyant_, a larger vessel than our three-deckers of the time, carried a broadside at least twice as heavy as the =Monmouth’s=, and ought, if properly handled, to have made a wreck of her in two broadsides. The bad conduct of Duquesne’s men does not diminish in any way the credit due to Captain Gardiner, who could not know how ill his opponent would be supported, and it does go to prove the moral inferiority of the French Navy at that period. The engagement began about seven o’clock between these two opponents so ill matched in material strength, and lasted till about midnight before help came to the =Monmouth=. Her mizen-mast was shot away and about a hundred of her men fell killed or wounded, but the mainmast of the bulky Frenchman was brought down on the fore, and he became an unmanageable wreck. At last the =Swiftsure= and the =Hampton Court= came up, guided by the sound of the cannon, and at one in the morning Duquesne surrendered, insisting, with chivalrous politeness, on giving up his sword to the officer commanding the =Monmouth=. This was not now Captain Gardiner. He had been wounded early in the action, but refused to leave the deck. Later he was mortally struck, and handed over the command to Lieutenant Carkett with a last exhortation not to let go his hold of the Frenchman. He died with the supreme consolation of knowing that no one could ever again accuse him of disgracing his country.