"Capt. Neal®" wrote in message

Correction, I spoke in haste. By definition, the following vessel is
to weather of the lead vessel when both are on a beam reach.

This is because the apparent wind is all the vessels 'see' and
the sailing rules do not address apparent wind. They address
actual wind. Because two vessels on a beam reach are bringing
the wind forward, the wind as seen from a stationery observer
would be slightly aft of abeam. This means the following vessel
is the windward vessel and according to the sailing rules, this
vessel is the give-way vessel. Since he is already the give way
vessel Rule 13 is superfluous.

What if they're both on a slightly close reach? Ie, such that the apparent
wind is forward of the beam but, to a stationary observer, the real wind is
precisely on their beams? In this situation, would one or other be the
windward boat?