Fireships were of course used with some success against the Spanish Armada in 1588, and were regularly used in the Anglo-Dutch wars of the 1650s and 1660s by both sides - the 'Royal James', flagship of the Earl of Sandwich was burnt by a Dutch fireship at the battle of Solebay in 1672.
During the war of American Independence 1776 - 82, fireships were used on several occasions, being sent into harbours or anchorages, but with variable results.
By the late 18th century, the Royal Navy always had a few, specially built fireships - these were essentially Sloop designs, but fitted with 'fire rooms', which could be filled with combustible stores, and the gunports were hinged from the bottom instead of the top, to ensure they would fall open. In the event, only one was ever used as a fireship - the VULCAN was used at Toulon in December 1793 to burn French ships at anchor. The other fireships were employed instead as sloops.
The navy did employ old merchant ships, especially converted to fireships, but I am not aware that any were ever used in an action at sea between 1793 - 1815. Fireships were used at Toulon in 1793 by Hood to burn French ships and again in 1809 by Gambier at the Basque Roads. In the latter event, several merchant ships which had been hired as transports were taken over and hastily converted, which I believe resulted in owners and crews claiming compensation.
I am not aware of any officer ever being punished for taking over / burning a vessel
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