In the War of 1812, the USS President was captured by the Royal Navy.
Wikipedia gives the final actions of the day:
President ceased fire at 7:58 pm and hoisted a light in her rigging, indicating that she had surrendered ... Following the standard practice, Endymion ceased fire and hove to for repairs once President had surrendered. Endymion could not immediately take possession of her prize, as she had no usable boats; Decatur took advantage of the situation, despite having struck, and made off to escape at 8:30 pm. Endymion hastily completed repairs and resumed the chase at 8:52 pm. At 9:05, Pomone and Tenedos came up with the heavily damaged President, unaware that she had already struck. Pomone fired two ineffective broadsides (there was minimal damage to President's starboard side) into her, following which Decatur hailed to say that he had surrendered. Shortly afterwards, Captain Lumley of Pomone took possession of President.
By attempting to escape, had the President not faked a surrender? This would IMHO qualify as perfidy under modern laws of war, and as a war crime. Yet Wikipedia's article on Stephen Decatur (who was commanding the USS President) indicates the British weren't offended at all:
Soon Majestic caught up with the British fleet. Decatur, now dressed in full dress uniform, boarded Majestic and surrendered his sword to Captain Hayes. Hayes in a gesture of admiration returned the sword to Decatur saying that he was "proud in returning the sword of an officer, who had defended his ship so nobly." Before taking possession of President, Hayes allowed Decatur to return to his ship to perform burial services for the officers and seamen who had died in the engagement. He was also allowed to write a letter to his wife.
Why would the British not be offended?