State of the Massachusetts Bay

To the Honl Council of said State, assembled at Boston August 1777 —

The Petition of John Hinckley and Andw Oliver humbly shews — that one Peter Higgins of Boston, some time in February last entered on board the Brigantine called the Freedom, belonging to this State, in the Capacity of a Gunner, that he proceeded in said Vessell under the Command of Capt Clouston in his late Voyage to France & returned home to Boston in her; and was on board during the whole time & at the taking of a number of Prizes That by reason of some unhappy dispute which arose between Capt Clouston & the said Higgins, in the Course of the Cruise, Capt Clouston declared, that the said Higgins should not remain in the Brig, & that he would discharge him; in consequence of which the said Higgins about three weeks before Capt Clouston gave discharge to his Men, left the Brig, & has since entered on board another armed Vessell in which he was unfortunately cast away & has since return'd in Distress and Capt Clouston has returned him to your Honors as a Deserter, which he says forfeits his Prize money & Wages: — Your Petitioners beg leave further to represent that a few Days before Capt Clouston sailed, Your Petitioners from a Principle of tender­ness & Compassion to Mr Higgins distressed & large family, & that they might not be left destitute, purchased a Share of the said Higgins, & after his departure A Quarter of another from his Wife, for both of which the Mr Higgins has given orders on the State Agent for payment, as appear by the Papers herewith exhibited — They therefore pray your Honors to take the matter into your serious Consideration, tho' by a rigorous Construction of Law Mr Higgens may have forfeited his Prize money, that your Honors would view the matter in its Equity, and grant an Order to the Agent that your Petitioners may receive one Share & a Quarter of the said Higgin's Prize money, when received by him, & that the remaining three Quarters of a Share be paid to the said Higgens's family, whose distresses loudly call for your Honors equitable Relief — And as in Duty bound shall ever prayar —

[Endorsed] In Council Augt 29t 1777 Read & Committed to Richard Derbey and Benja Austin Esqrs to consider & report

Jn^o Avery Dy Secy²