volunteers, which he calls "a flagrant violation of the law of nations". After a consultation among the French officers Embuscade sailed from New York on the night of 30 July, although Courtenay was almost forced to miss the rendezvous: on the afternoon of 30 July a large French battle squadron of the ships of the line Éole and Patriote, four frigates and six smaller vessels passed northwards along the New Jersey coast, heading for New York. In the face of such a powerful force Boston was temporarily forced to withdraw to open water, but the squadron did not deviate to investigate the frigate and had passed into New York harbour by nightfall, allowing Courtenay to return to his station. Battle At 03:00 on 31 May, lookouts on Boston reported a large ship approaching from the northeast. Courtenay readied his ship for battle and at 03:30 the ship passed at a distance of and was shortly afterwards recognised as a frigate flying the French tricolour. Unsure of the newcomer's identity, Courtenay raised the same flag and in response the strange ship raised a blue flag bearing a white cross, identifying itself as Embuscade, come to meet his challenge. At 04:00 both ships turned eastwards, continuing for 45 minutes until Boston slowed and raised British colours. As the British ship slowed the French vessel overtook at distance and at 05:00 Boston tacked towards the French ship, Embuscade slowing so that Courtenay's frigate passed along the starboard broadside. Boston fired first at 05:05, followed immediately by a volley from Embuscade. Both ships then tacked again, by this time approximately southeast of Navesink, New Jersey. News of the impending battle had spread rapidly through the countryside, and thousands of spectators had gathered on the New Jersey beaches to watch the engagement. After fifteen minutes of combat, Boston lost its cross-jack yard and by 05:45 had suffered significant damage to its rigging and sails, rendering the ship significantly less manoeuvrable than Embuscade. At 06:10 the main topmast was knocked over and the mizzen mast badly damaged, and ten minutes later, as he was exhorting his men to greater efforts, a cannonball struck the rail where Captain Courtenay and Royal Marine Lieutenant James Butler were standing. Butler was killed instantly and Courtenay fell to the deck unresponsive, possibly killed. Believing his commander to be dead, Lieutenant John Edwards assumed command and had the bodies thrown overboard