Agnes Butler v. Robert Lawson. Judgment Record

 

Agnes Butler
against
Robert Lawson

Be it remembered that heretofore towit on the Twenty first day of October in the year of our Lord One thousand seven hundred and ninety; Agnes Butler by Gabriel Duvall her attorney preferred and filed in the General Court here, her Petition for Freedom against Robert Lawson, which is in form following towit. To the Honorable the Judges of the General Court; The Petition of Agnes Butler humbly sheweth that she is held as a Slave by Robert Lawson of Charles County, altho' she is entitled to her Freedom being descended from a Free woman whose name was Eleanor Butler. Your Petitioner is the Daughter of Rebecca Butler who was the Daughter of Jane Butler who was the Daughter of Eleanor Butler aforesaid, a Free white woman. She therefore prays your honors to take her case into consideration, and discharge her from the custody of the said Robert Lawson, and that Summonses may issue for her witnesses andsoforth. G. Duvall for Petr.

Whereupon the said Agnes Butler by her attorney aforesaid, prosecuted and sued forth out of the General Court here, the writ of the State of Maryland of Subpoena ad respondendum against the said Robert Lawson, directed to the Sheriff of Charles County in form following towit The State of Maryland Sct To the Sheriff of Charles County Greeting we command you that you Summon Robert Lawson late of Charles County that all excuses and delays set aside he be and appear before the Judges of our General Court to be held at the City of Annapolis on the second Tuesday of May next to answer the Petition of Agnes Butler preferred against him for Freedom. Hereof he is not to fail and fail not at your peril and have you then and there this writ. Witness the Honorable Thomas Johnson Esquire Chief Judge of our said Court the Twenty fourth day of November in the year of our Lord One thousand seven hundred and ninety. Issued the 7th day of December 1790. (G Duvall). Jno Gwinn Clk.

 

At which said second Tuesday of May being the Tenth day of the said month in the year of our Lord One thousand seven hundred and ninety one, and the day of the return of the aforegoing Summons, comes into the General Court here, the said Agnes Butler by her attorney aforesaid; and the Sheriff of Charles County aforesaid, to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed towit. "Summoned Thos. A. Dyson, Shff of Chas Coy."

Whereupon, comes into the General Court here, the said Robert Lawson by Philip Barton Key his attorney; Thereupon, on motion of the said Agnes Butler by her attorney aforesaid, it is ruled by the Court here that the said Robert Lawson enter into recognizance to the State of Maryland in the sum of Fifty pounds current money in the usual form: Whereupon the said Robert Lawson comes into Court here in his proper person and acknowledges himself to owe and stand justly indebted to the state of Maryland in the sum of Fifty pounds current money, to be levied of his body goods and chattels lands and tenements to and for the use of the said State of Maryland, on condition that the said Robert Lawson does not remove the said Agnes Butler out of the said State of Maryland, nor obstruct her from attending this Court from time to time in support of her Petition for Freedom exhibited in the said Court against the said Robert Lawson, and in the mean time to feed, cloath and use her well and pay whatever satisfaction the Court shall adjudge for the Services of the said Agnes Butler from this Term to the time of the Judgment, with costs. Thereupon, further process of and upon the premises aforesaid, between the parties aforesaid by order of the Court here is continued until the second Tuesday of October next; the same day is given to the parties aforesaid then, andsoforth.

And now at this day towit, the said second Tuesday of October being the Eleventh day of the said month in the year of our Lord One thousand seven hundred and ninety one, comes again into the General Court here as well the said Agnes Butler by her attorney aforesaid, as the said Robert Lawson by his attorney aforesaid: And the said Robert Lawson by his attorney aforesaid saith, that he cannot deny the Complaint aforesaid of the said Agnes Butler the petitioner aforesaid, so as aforesaid made, nor but that the said Agnes Butler the petitioner aforesaid is entitled to her Freedom, being descended from a Free woman whose name was Eleanor Butler, in manner and form as the said Agnes Butler by her said   Petition to the Court here preferred against him the said Robert Lawson above hath alleged; and thereupon the said Agnes Butler by her attorney aforesaid prays that she may be dismissed and discharged from the service of the said Robert Lawson, together with her costs and charges by her about the prosecution of her said Petition, to her to be adjudged, andsoforth. Therefore it is considered by the Court here, that the said Agnes Butler the petitioner aforesaid, recover of and against the said Robert Lawson, her Freedom, and that she be hence freed and discharged of and from the service of the said Robert Lawson, and that she the said Agnes Butler the petitioner aforesaid go freed and discharged thereof without day, andsoforth: And it is further considered by the Court here, that the said Agnes Butler the petitioner aforesaid, recover against the said Robert Lawson the quantity of Four hundred and ninety one pounds of tobacco by the Court here unto the said Agnes Butler, on her assent adjudged, for his costs and charges by her about the prosecution of her said petition in this behalf laid out and expended, and that she have thereof her Execution, andsoforth.

Test John Gwinn Clk.