On February 19th came the first attack from the Spaniards. The Governor of Cadiz sent for the English Consul, Mr. Goldsworthy, and told him that he was obliged to send troops on board the prize, having received orders to detain her. In spite of the Consul's vigorous protest, the threat was confirmed with every warlike accompaniment--guns manned in the fort, artillerymen standing by with lighted matches, and so on. Both vessels were seized, but before dark the Governor, having apparently some misgivings as to the legality of the business, ordered the troops to be withdrawn, "after having broken open several chests, and carried away everything they could find of the officers and crew, and the very beef that was dressing for dinner." On February 26th the Governor informed the Consul that he had orders to deliver the prize to the French Consul. Captain Foster offered to place the ship in the Governor's hands until the case should be decided, which was a very proper and businesslike proposal; but it was refused, and the captain declaring that the English colours flying on the prize should never come down with his consent, matters came to a climax, and, in spite of the unwillingness of the Spanish Admiral, who probably realised the injustice of the proceedings, the Governor insisted that two men-of-war should be sent to enforce his orders; a 60-gun ship and a 36-gun frigate took up their positions quite close to the prize, and upon Foster refusing to lower his colours, they opened fire, killing six men and wounding two. The flag halyards were shot away almost immediately; but, in spite of the colours coming down, they would not desist. The prize made no attempt at resistance, and on the following day--March 3rd--the captain and crew were imprisoned. On the 5th came an order from Madrid to stop all proceedings against the prize and consult with the English captain alone; to allow the prize to remain in our possession, but not to leave the port until further orders. The Spanish Governor, however, having evidently some very amenable perjurers up his sleeve, disregarded the injunction, refusing to return the ship to the English Consul; and on the following day there arrived from Gibraltar the formal decision of the Admiralty Court, condemning the _Duc de Penthièvre_ as "good prize," on the evidence of the French officers, delivered two days before she was forcibly seized. However, the French Ambassador at Madrid, inspired and instructed by the Consul at Cadiz, was very urgent in the matter, and the Spaniards succeeded in finding some unscrupulous persons who swore that the action took place within gunshot, while other independent witnesses were very certain that it did not; and the King of Spain, being somewhat uneasy in his mind, intimated to our Ambassador at Madrid that the prize was only to be detained until strict inquiry could be made into the merits of the case.