Nathaniel Oakes, late belonging to His Majesty's Ship Fox and Captain Fothringham's Coxswain when in Port, and at Sea did Qr Masters Duty: Maketh Oath to the following Questions —
Q. What do you know respecting the Action of His Majesty's Ship Fox with the American Privateers and where was you Stationed during the Action.
A. I was Stationed at the Weather Wheel doing Quar Masters Duty; When I relieved the Con at 6 O'Clock, We Saw two Sail to Windward, one a good way ahead of the other, standing to the Westward; We were Standing to the Eastward, and Northward, and continued our Course; when we thoughtwecould fetch the headmost of them we Tacked, and Fired a Gun to Leeward, in about half an Hour we met, the Privateer hailed us. What Ship is that? Captain Fothringham gave no Answer, but asked, What Ship is that? they then said An American Rover, and ordered us to Strike, Captain Fothringham replyed, I will strike as soon as possible; Men are your Guns Clear, They Answered, Yes, Then fire away, but not in Vain.
We fought about half an Hour, and then made Sail, finding the other Privateer coming up with us, and stood on so for some time, but how long, I cannot say, the Ship that first engaged us, then came up upon our Larboard Quarter, we then put the Helm to Starboard, in Order to rake her, and Fired all the Guns we could get to bear, which She returned and carried away our Main Topmast Studding Sail Halliards, we then fired all the Guns at him we could get to bear, and bore away, in Order to get away from him if we could, But she soon run up along side of us again, when it became almost Calm, and a general Action was continued, close along side each other, I believe for near One Hour and a Half, at which time the other Privateer coming up on our Starboard Quarter and fired a Broad Side, when we Struck, And further I know not—
Q. Please to relate what you know respecting the Condition of the Fox at the time She Struck.
A. She had Five Shot through the Mizon Mast, The Main Topmast wounded, Main Mast head Wounded, The Main Spring Stay gone, Two Strands of the Main Stay Gone, Fore and Main Braces gone, Larboard Main Top Sail Braces gone, Main Yard gone in the Slings, Mizon Yard gone—
The Captain finding the Ship thus Distressed, He Asked the Lieu tenants their Opinions, what was most proper to be done;
They Answered as they saw, little hopes of getting Clear, that itwas most advisable to Strike, He then called the Gunner and Boatswain, who advised the same, The Captain then Ordered the Colors to be Struck.
Sworn before me 11th of June 1777 J: Montagu
