Sorry. I should have read through the rules before posting. Th rules say:
If all rigging squares are marked off, and no friendly ship of the same or larger class as the firing ship is within ten squares distance, the ship will surrender to the first enemy ship which can rake its hull. This is known as â€surrender by immobility.†In this case, the ship is an obstacle to guns.
The simplified game uses four classes: brigs, frigates, 2nd ship of the line (2nd SOL) and 1st SOL. A 2nd SOL is not the same class as a 1st SOL. Thus, if a 1st SOL, for example, rakes a ship that lost all of its rigging squares, another friendly 1st SOL must be within ten hexes to avoid the surrender. A 2nd SOL or frigate will not qualify. Also, the shot must be a rake aimed at the hull. Since shots can be aimed at the hull only if the range is five hexes or less, the firing ship must be at least that close and order the hull to be the target. A shot aimed at the rigging may produce hull hits, but this does not qualify as a hull rake.
Since there was a friendly ship within 10 hexes this is in accordance to the rules.
Sorry once again for the false alarm
