Walter Thomas & Dennis Thomas v. Alexander Scott. Court Record of Judy Thomas v. Henry Pile

 

Charles County to wit: At a County Court for the State of Maryland begun and held at Charles Town in and for Charles County on the third Monday in August being the 15th day of the same month Anno Domini one thousand seven hundred and ninety six.

Present

Michael Jenifer Stone Esquire Chief Justice
Henry H Chapman & Henry Barnes Esquires Associate Justices

Joseph Green Esquire Sheriff
John Barnes Clerk

In the Record of the proceedings of the same Court among others is the following to wit

Judy Thomas
vs
Revd. Henry Pile

Be it remembered that on the 5th day of February in the year of our Lord one thousand seven hundred and ninety five Judy Thomas by Thomas Buchanan her Attorney exhibited to the Justices of the Court here her Petition for freedom against the Reverend Henry Pile in the worlds following to wit "To the Honble the Justices of Charles County Court. The Petition of Judy Thomas Humbly sheweth that your Petitioner is a free person descended from a free white woman and unjustly detained in slavery by a certain Henry Piles of Charles County aforesaid she therefore prays your Honors to take her case into Consideration and discharge her from such unlawful servitude and she will pray &c.

Th. Buchanan for the Petitioners

Whereupon it is ordered by the Court here that the said Reverend Henry Pile do not remove the aforesaid Judy Thomas out of the County nor obstruct her from attending this Court from time to time in support of her Petition for freedom against him the said Henry Pile and in the mean time to feed, clothe and use the said Judy Thomas well. And at the prayer of the said Judy Thomas by her Attorney aforesaid summons is ordered by the Court here to issue to the Sheriff of Charles County against the aforesaid Henry Pile to answer the Petition aforesaid which accordingly issues in the words and figures following to wit "Charles County to wit: The State of Maryland to the Sheriff of Charles County Greeting: We Command you that you summon the Reverend Henry Pile late of Charles County, that all excuses and delays set aside he   be and appear before the Justices of our next County Court to be held at Charles Town on the third monday in March next to answer unto the Petition of Judy Thomas preferred against him for freedom. Hereof he is not fail and fail not at your peril and have there then this writ

Witness Michael Jenifer Stone Esquire Chief Justice of our said Court at Charles Town aforesaid the 1st day of November Anno Domini 1794.

Issued the 5th February 1795. T. Buchanan, Jn B. Turner Clk

At which said third monday in March being the 16th day of the same month in the year of our Lord seventeen hundred and ninety five and the day of the return of the aforegoing writ, comes into the County Court here the said Judy Thomas by her Attorney aforesaid and the Sheriff of Charles County aforesaid to wit, Joseph Green Gentleman to whom the said foregoing writ was in form aforesaid directed makes return thereof to the Court here thus endorsed, to wit, "Sumd. Joseph Green Sheriff" and the said Henry Pile by Francis Digges and Philip Barton Key his attornies comes and defends the complaint aforesaid when and where the said Court shall take the same into consideration.

Whereupon it is ordered by the Court . . . that the said Henry Pile enter into recognizance in the sum of one hundred pounds current money not to remove out of Charles County the aforesaid Judy Thomas nor obstruct her from attending this Court from time to time in support of her Petition for freedom preferred against him, and in the mean time to feed, clothe and use the said Petitioner well; Thereupon the said Henry Pile present here in Court in his proper person acknowledges himself to owe and stand justly indebted to the State of Maryland in the sum of one hundred pounds current money to be levied of his body goods and chattels lands and tenements to and for the use of the said State. Conditioned that the said Henry Pile do not remove out of Charles County Judy Thomas the Petitioner aforesaid nor obstruct her from attending this Court from time to time in support of her Petition for freedom preferred against him and in the mean time to feed, clothe and use the said Petitioner well.

And the said Henry Pile by his Attornies aforesaid prays leave of the Court . . . to imparle hereunto until next Court and he hath it the same day is given to the said Judy Thomas also.

 

At which said next Court to wit: The third monday in August Anno Domino Seventeen hundred and ninety five comes again the parties aforesaid by their Attornies aforesaid, and the said Henry Pile by his Attornies aforesaid as before defends the complaint aforesaid when and where the said Court shall take the same into consideration and prays further lease thereof to imparle until next Court and he hath it the same day is given to the said Judy Thomas also.

At which said next Court to wit, The third monday in March Anno Domini seventeen hundred and ninety six comes again into the County Court here the parties aforesaid by their attornies aforesaid and the said Henry Pile by his Attornies aforesaid as before defends the complaint aforesaid when and where the same Court shall take the same into consideration. Whereupon this cause is by order of the Court here and by and with the consent of Parties continued until next Court.

At which said next court to wit. The third monday in August Anno Domini seventeen hundred and ninety six comes again as well the said Judy Thomas by her attorney aforesaid as the said Henry Pile by his Attornies aforesaid, and the said Henry Pile by his Attornies aforesaid as before defends the complaint aforesaid when and where the said Court shall take the same into considerations and admitting the Petitioner Judah Thomas to be descended from Betty Mingo, yet for plea he saith that the said Petitioner Judah is not descended from a free white woman as is alledged, and of this he puts himself on his Country and the said Judah in like manner. Whereupon for trying the issue aforesaid between the parties aforesaid above Joined to be tryed by the Country, command is given to the Sheriff of Charles County that he cause to come before the Justices of our County Court here immediately twelve &cc. by whom &cc. And who makes[?] &cc to recognize &cc. because as well &cc. and afterwards to wit, on the same third monday in August aforesaid the Sheriff of Charles County to wit. Joseph Green Esquire to whom the aforegoing precept was made and directed, makes return thereof to the Court here that he has here ready twelve &cc. as he the said Sheriff was commanded to wit, Joseph Marbury, Henry Dent, Walter D Gibbons, Charles Mankin, James Fenwick, Francis Speake, Joseph Semmes, Frances Lancaster, Charles Robey, Samuel Chapman, William McConchie Junr. and James Neale of Bennet, who being duly elected, empannelled, tried and sworn to say the truth in the premises upon their oath do say that the said Judy Thomas is not descended from a free white   woman as the said Henry Pile by his plea aforesaid above hath alledged.

Therefore it is adjudged by the Justices of the Court here that the said Judy Thomas is not entitled to her freedom, so as aforesaid by the Jurors aforesaid found, and that the said Judy Thomas the Petitioners return to the service of her master the aforesaid Henry Pile and in the service of her said Master to remain and soforth and the said Henry Pile of the Petition and premises aforesaid go thereof without &cc.

Memorandum. In the trial of this cause the Chief Justice withdrew from the Bar of the Court here. And it is agreed by the parties aforesaid Plaintiff and Defendant respectively to release all Errors that may appear in the pleadings in the cause.

Test
John Barnes Clerk

In Testimony that the aforegoing is truly copied from the Record of the proceedings of Charles County Court

I have hereto subscribed my name and affixed the seal my Office this 21st day of June Anno Domini 1810.

John Barnes Clerk of Charles Cty Court.

Judy Thomas
vs
Revd. Henry Pile

Copy Record

For Alexander Scott Eqr