O Say Can You See

Be it remembered that at this Term towit, the Second Tuesday of May being the Eleventh day of the said month in the year of our Lord One thousand seven hundred and ninety, comes into the General Court here Clement Butler by Gabriel Duvall his attorney and prefers and files in Court here his Petition for Freedom against Henry Pyke, which is in form following towit. To the Honorable the Judges of the General Court. The Petition of Clement Butler humbly Sheweth that he is held in Slavery by Henry Pyke of Saint Mary's   County, when he is entitled to his Freedom being the descendant of Eleanor Butler, who was a Free white person in the female line. He therefore prays your honors to grant a Summons against the said Henry Pyke returnable immediately that he may be and appear in the Honorable Court and answer the premises. And he as in duty bound will pray &soforth

G. Duvall for Petr.

Whereupon, it is ordered by the Court here that Summons may issue pursuant to the prayer of the Petitioner &ca Thereupon the said Clement Butler by his attorney aforesaid prosecutes and sues forth out of the General Court here the writ of the State of Maryland of Subpoena ad respondendum against the said Henry Pyke, directed to the Sheriff of Saint Marys County in form following towit. The State of Maryland Sct To the Sheriff of Saint Marys County Greeting. We command you that you Summon Henry Pyke late of Saint Marys County, that all excuses and delays set aside he be and appear before the Judges of our General Court held at the City of Annapolis, immediately, to answer the Petition of Clement 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 Eleventh day of May in the year of our Lord One thousand seven hundred and ninety.

Issued the 17th day of May 1790. (GD.) Jno Gwinn Clk.

And the Sheriff of Saint Marys County aforesaid, to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed towit. "Summoned. P. Ford, Shff"

Whereupon, comes into the General Court here, the said Henry Pyke by Philip Barton Key his attorney: 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.

At which said second Tuesday of October being the Twelfth day of the said month in the year of our Lord One thousand seven hundred and ninety come again into the General Court here as well the said Clement Butler by his attorney aforesaid, as the said Henry Pyke by his attorney aforesaid Thereupon, further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here is further continued until the second Tuesday of May next; the same day is given to the parties aforesaid, the, and soforth.

At which said Second Tuesday of May being the Tenth day of the said   said month in the year of our Lord One thousand seven hundred and ninety one come again into the General Court here as well the said Clement Butler by his attorney aforesaid, as the said Henry Pyke by his attorney aforesaid: Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here is further 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, come again into the General Court here as well the said Clement Butler by his attorney aforesaid, as the said Henry Pyke by his attorney aforesaid: And the said Clement Butler by his attorney aforesaid files in Court here the Deposition of Joseph Butler, which is in form following towit.

Thomas Butler
against
Jezreel Penn

Joseph Butler a Free man of Colour aged about fifty one years and upwards being sworn on the Holy Evangely of Almighty God deposeth & saith, that the Petitioner Thomas is the son of Elizabeth Butler who was the Daughter of Eleanor Butler, which said Elizabeth & Eleanor this Deponent well knew upwards of thirty years ago; that Eleanor aforesaid as this Deponent has been informed and always understood was the Daughter of Eleanor Butler a Free Irish Woman, and the said Eleanor was sister of this Deponents Grand Mother Sarah Butler who was Daughter of the said Free Irish Woman. And further he saith that Clement Butler, Jacob Butler and Giles Butler who have petitioned against Henry Pyke, Elizabeth Taney & John Somerville are Brothers of Thomas, who petitioned against Jezreel Penn. That Henny who petitioned against Edward Smoot is sister of the said Thomas who this Deponent has known upwards of thirty years. That Sarah who petitioned against Jezreel Penn, and Charity who petitioned against Joseph Thompson are sisters of the said Thomas, both of whom this Deponent has known for many years. That William who has Petitioned against Joseph Neale, Lewis who has petitioned against John Laidler, Clement who has petitioned against Jezreel Penn & George who has petitioned against Jezreel Penn are sons of the aforesaid Sarah who petitioned against the aforesaid Jezreel Penn, all of whom this Deponent has known ever since they were children at the breast. That Henny who has filed a Petition against Williamson King, and Rachel who was petitioned against Benjamin Posey and Anne against John Keech are sisters of the four last mentioned petitioners sons of the aforesaid Sarah, which   this Deponent has also known ever since they were small children; and further he saith not. Sworn to this 22d day of December 1791 before the subscriber one of the Justices of Anne Arundel County. Allen Quynn.

Whereupon, the said Henry Pyke by his attorney aforesaid saith, that he cannot deny the Complaint aforesaid of the said Clement Butler the Petitioner aforesaid, so as aforesaid made, nor but that the said Clement Butler the Petitioner aforesaid, is entitled to his Freedom, being the descendant of Eleanor Butler, who was a Free white person, in the female line, in manner and form as the said Clement Butler by his said Petition to the Court here preferred against him the said Henry Pyke above hath alleged; And thereupon, the said Clement Butler by his said attorney, prays that he may be dismissed and discharged from the service of the said Henry Pyke, together with his costs and charges by him about the prosecution of his said Petition, to him to be adjudged, andsoforth: Therefore it is considered by the Court here, that the said Clement Butler the petitioner aforesaid, recover of and against the said Henry Pyke his Freedom, and that he be hence freed and discharged of and from the service of the said Henry Pyke and that he the said Clement Butler the Petitioner aforesaid go freed and discharged thereof without day, andsoforth: And it is further considered by the Court here, that the said Clement Butler the Petitioner aforesaid, recover against the said Henry Pyke the quantity of One thousand one hundred and ten pounds of tobacco by the Court here unto the said Clement Butler on his assent adjudged for his costs and charges by him about the prosecution of his said Petition in this behalf laid out and expended, and that he have thereof his Execution, andsoforth.

Test John Gwinn Clk