To the Honble the Council, & the Honble House of Representatives, in Genl Court Assembled, at Boston June 1777

The Petition of John Brown of Boston humbly shews That your Petitioner, in the Month of Septr AD 1775 sent a Brigantine belonging to himself, & called the Eunice, on a Voyage to the Island of St Vincents, that the Capt of the Brig, soon after the Act for Subjecting American Property to Seizure was passed, as a Cover made a fictitious transfer of the Vessel, & put her into the Employ of certain Merchants, Subjects of the King of Great Britain, to freight from St Vincents to London, in this Employ she was lately Captured by an American Privateer,² has been libelled in the Maritime Court, & twice tried, and the Jury on the last Trial contrary to the Express Opinion of the whole Court; found, "that the aforesaid Brig was employed by the Enemies of America, and a Lawfull Prize to the Captors" The Opinion of the Justices of the Superiour Court of Judicature &c has been repeatedly given, that the Statute Subjecting Vessels to forfeiture, that are found in the Employ of the Enemy, restricts the Meaning of Enemies, to the Fleet & Army, employed against the United Colonies of America, as it Clearly does in so many words. In Consequence of this Adjudication all the Vessels under the same Predicament with your Petitioners have been restored to their Owners—

Your Petitioner thinks it peculiarly hard on him, that his Property shou'd be forfeited for an Act, which no law of his Country Condemns, and while others under precisely Similar Circumstances are restored, Besides your Petitioner is really apprehensive that this Judgement will be of dangerous Precedent, for if all American Vessels, that have been transporting British Merchandize from any foreign Port to another since the present War are forfeitable. Your Petitioner is persuaded that half the floating Property of the Continent is liable to Seizure, for an Act too which by Adverting to the Laws of their Country, they find no where prohibited.

Your Petitioner therefore humbly Prays, that as the Laws of the State have not provided for Reviews in Maritime Causes as in Common Law Actions, your Honors would kindly interpose in behalf of your Petitioner, and for the furtherance of Law and Justice, direct a New trial to be had on the Aforesaid Brig, at the Next Superiour Court, for the Middle District — And as in Duty Bound shall ever pray &c —

[Endorsed] State of Massachusetts Bay—
In the House of Representatives June 24th 1777 —

On the Petition of John Browne Esqr praying a Review in a Certain Maritime Cause Mention'd in his Petition —

Order'd That the Petitioner Notify the Adverse Party by serving the Owners of the Privateer which Captur'd his Vessel, or their Agent or Agents, and the Agent and the Agents for the Captors by Serving them with a Copy of his Petition & this Order thereon, to shew Cause if any they have, on Friday the Twenty seventh Instant, why the Prayer of said Petition should not be granted, & the sales of said Vessel & Cargo & all proceedings thereon be stayed till the further Order of this Court—³ sent up for Concurrence

J Warren Speakr

In Council June 24th 1777 — 
Read & Concurred

John Avery Dpy Secy