Surveillante entered service as a 40-gun Virginie-class frigate of the French Navy. She was surrendered to the British in 1803, after which she served in the Royal Navy, classed under the British system as a 38-gun vessel, until 1814 when she was decommissioned. HMS Surveillante had a long and active career under two successful and distinguished commanders, from the Baltic to the northwestern coasts of France, Spain and Portugal, and was present at the Battle of Copenhagen (1807) and throughout the Peninsula War. Her record as a taker of prizes is notable for its success, particularly towards the end of her career.

The Second Battle of Copenhagen was a British bombardment of the Danish capital, Copenhagen, in order to capture or destroy the Dano-Norwegian fleet during the Napoleonic Wars. The incident led to the outbreak of the Anglo-Russian War of 1807, which ended with the Treaty of Örebro in 1812. The attack on Denmark, a neutral country, was heavily criticized internationally.