To the Honble the Council, and the Honble the House of Representatives of the State of Massachusetts Bay.
The Petition of Thomas Davis & Ephraim Spooner humbly shews,
That a Schooner called the White-Oak, has been lately captured by an American Privateer, and carried into the Eastern District of this State, three quarters of which were owned by your Petitioners: That it was so late before Your Petitioners, had notice of the capture of said Schooner, and the time of her tryal, as rendered it impracticable by reason of the distance, for either of them to get to Pownalborough, and claim their property, till after said Schooner, her cargoe and appurtenances were condemned in the Maritime Court. Your Petitioners prior to the Continental Association, had annually carried on the business of fishery from Barrington in Nova Scotia, and when the act of Parliament was passed, restricting the trade of these States, they were obliged to take out new Registers for their Vessels, in the names of some of the Inhabitants of that Province, in order to save them from confiscation and foref eiture. One of your Petitioners was allowed by the Committee of Safety in Plymouth (where they reside) to go to Nova Scotia, & secure their effects, which he accomplished, except the interest in the Schooner White Oak, which he could neither dispose of; nor bring away.
Therefore, as your Petitioners are steady friends to their country, and as it is owing to no fault of theirs, that a claim was not filed in the Maritime Court within the time prescribed by law, they humbly pray your Honors, to grant them the privilege of an appeal to the next Superior Court to be held in said Eastern District, that they may have an opportunity of proving their property in said Schooner, and your Petitioners as in duty bound shall ever pray —
Thomas Davis Ephm Spooner
Plimouth Novr 18th 1776
In the House of Representatives Novr 22d 1776
On the petition of Messrs Thomas Davis & Ephraim Spooner
Ordered that the said petitioners notify the Captors of the Schooner called the White Oak to Appear on the Second Tuesday of the next setting of the General Court by lodging an attested Copy of said petition & this order, with Capt [John] Harman Commd of Sloop Putnam Fifteen days at Least before the said Second Tuesday, that they may Shew cause if any they have why the prayer of the petitioners shuld not be granted
Sent up for Concurrence
J Warren Spkr
In Council, Novr 27t 1776 Read & Concurr'd
John Avery Dpy Secy