State of
Massachusets Bay.

The Petition of Elijah Freeman Payne Humbly Shews—that Your Petitioner was Commander of A Privateer Schooner called the Eagle, and on a late Cruise Captured Several Vessels, on board of which were a Number of hands, Some of which were brought into Port—the rest, (I being Obliged, for the safte of the Privateer to put them on board one of the Prizes then captured) Rose against the hands on board Said Ship—& carried her to Scotland—¹ all of whose names were on the Portledg Bills—as Your Hon^rs will see by the coppies produc'd—And that after the Condemnations of the Prises brought in—their Portledg Bills being produc'd to the Hon^l. Superior Court for an Allowance of the Mens Wages, Agreeable to the Law of the State—It was Objected, on the Part of the Owners & Captors (for whom Your Petitioner now Appears) That as some of the hands, being Mariners on board said Prises—did not Arrive into Port for the Reasons above; But were now with the Enemy of the United States of America—No Wages ought to be Allow'd them—& that no one was impowered to Receve it for them—But the Court by Adverting to the Law Were of Opinion that they were bound by the letter of the Statutes to Allow Wages to all the Seamen taken on board the Prizes—And therefore Order'd the Wages due, According to the Portledg Bills—to the Mariners that were not arrived; but with the Enemy—Amounting to the Sum of £330 6^s 8^d LM—as well as to Such as were Arrived—To Remain in the hands of the Sheriff, or Agent—And as there was not the least Probability of the Absent Mariners ever applying for their wages, Their Hon^rs. Recommended to Your Petitioner to Apply to this Hon^l Court for Relief in the Premises—

Your Petitioner Humbly Apprehends that the Legislature in Framing the afforesaid Law, meant only to Allow wages to such Seamen as Shou'd be brought into Port—He Therefore Prays Your Hon^rs. to take this Matter into Your Consideration, & either by a Gen^l. Explanatory Act, give the foregoing Construction to the s^d. Clause of the affores^d. Law touching the Mariners Wages, taken on board Prizes, or Make a perticular Order, that the affore said Sum be Paid to your Petitioner—for the Use of the Owners, & Captors affores^d. which must otherwise remain Useless in the hands of the Agent, or work to his Use—And in Duty Bound Your Petitioner Prays &c