To the Honorable the Council of the State of the Massachusetts Bay
The petition of Benj Marston of Halifax, in Nova Scotia Merchant
humbly Sheweth —

That your Petitioner was taken in the Schooner Earl Percy, by a private armed vessell called the Eagle, commanded by Elijah Freeman Pain [Payne]; as he was returning from the West Indies to Halifax, & was carried into Plymouth in this State — Where said Schooner & Cargo (in which your Petitionr was largely interested) have been sold by order of the Judge of the Maritime Court — That your Petitioner is informed that a Cartel Ship is soon to go from this State to Halifax aforesaid — He therefore prays your Honours that he may be permitted to go in said Cartel with his Baggage & be exchanged for some person of equal rank with himself — And your Petitioner as in duty bound will ever pray —

Boston Feby 26th. 1777 

[Endorsed) In Council feb. 28th 1777 — On the Petition of Benjamin Marston, orderd — that he the sd Marston have, and he hereby has liberty to depart this State to Hallifax in the carted Vessel now at Marblhead he giving his Parole to use his Endeavs — to return a Person belonging to this, or some other american State of like Rank — By order of Council