 He was court-martialed at Deptford on 13 December 1745, found guilty, and dismissed the service, but was reinstated on 12 May 1746 by Order in Council.In 1747, he commanded "Devonshire" as flag-captain to Vice-Admiral Sir Peter Warren at the Battle of Cape Finisterre.He married Frances Balchen, daughter of Admiral Sir John Balchen, on 6 June 1737.