Ignatius Butler v. John Ford. Judgment Record

 

Ignatius Butler
against
John Ford.

Be it remembered, that heretofore, towit, on the Fourteenth day of May in the year of our Lord One thousand seven hundred and eighty nine; Ignatius Butler by Gabriel Duvall his attorney, preferred and filed in the General Court here, his Petition for Freedom against John Ford, which is in form following towit To the Honorable the Judges of the General Court. The Petition of Ignatius Butler humbly sheweth, that he is held in Slavery by John Ford (weaver) of St Mary's County, altho he is entitled to his Freedom, being the Son of Peggy Butler who was the Daughter of Cate Butler who was the Daughter of Eleanor Butler a Free white woman. Your Petitioner therefore prays your honors to direct Summons to issue against the said John Ford & that, the premises considered, he be discharged; and he will pray, andsoforth. G. Duvall, for Petitioner.

Thereupon, on motion of the said Ignatius Butler by his attorney aforesaid, it is ruled and ordered by the Court here, that the said John Ford do not remove the said Ignatius Butler out of this State nor obstruct him from attending this Court from time to time in support of his Petition for Freedom, preferred to the Court here: and in the men time to feed, cloath and use the said Ignatius Butler, well: It is further ruled and ordered by the Court here that the writ of the State of Maryland of Summons issue forth out of the General Court here, against the said John Ford to answer unto the said Petition of the said Ignatius Butler; which issued accordingly, directed to the Sheriff of Saint Mary's County, in the words and of the tenor following towit: The State of Maryland Sct To the Sheriff of Saint Mary's County, Greeting: We command you that you Summon John Ford late of Saint Mary's County weaver, 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 October next to answer the Petitioner of Ignatius 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 Robert Hanson Harrison Esquire Chief Judge of our said Court the 26th day of June anno domini 1789.

Issued the 29th day of July 1789. (GD.) Jno Gwinn Clk

At which said second Tuesday of October, being the thirteenth day of the said month in the year of our Lord One thousand seven hundred and eighty nine, and the day of the return of the aforegoing Summons, comes into the General Court here, the said Ignatius Butler by his attorney aforesaid; and the Sheriff of Saint Mary's County aforesaid to whom the said aforegoing Summons was in form aforesaid directed, makes return thereof to the Court here, thus endorsed towit. "Summoned, Philip Ford, Sheriff." And the said John Ford being so forewarned, comes into the General Court here, but 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 May next; the same day is given to the said parties, then, andsoforth.

At which said second Tuesday of May being the Eleventh 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 Ignatius Butler by his attorney aforesaid, as the said John Ford 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

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 Ignatius Butler by his attorney aforesaid, as the said John Ford 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, then, andsoforth.

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, come again into the General Court here, as well the said Ignatius Butler by his attorney aforesaid, as the said John Ford by his   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.

At which 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 Ignatius Butler by his attorney aforesaid, as the said John Ford 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, then, andsoforth.

And now at this Day towit, the said Second Tuesday of May being the Eighth day of the said month in the year of our Lord One thousand Seven hundred and ninety two, come again into the General Court here, as well the said Ignatius Butler by his attorney aforesaid, as the said John Ford by his attorney aforesaid: and the said Ignatius Butler by his attorney aforesaid, files in Court here the Depositions of Ignatius G. Boarman and Anne Butler; which are as follow towit.

Ignatius Butler
against
John Ford

Petition for Freedom in the General Court, May Term 1792. Ignatius G. Boarman of Prince Georges County aged Sixty four years or thereabouts being duly sworn on the Holy Evangely of Almighty God deposeth & saith that he knows the Petitioner, Nase Butler, a short fellow, and nearly of the age of the Deponent; He was born in the possession of this Deponents father, and is the son of Peg as this Deponent believes who belonged at that time to the Deponents Father; the said Peg claimed Kate who belonged to Baptiste Boarman at that time, as her mother and she was generally reputed to be the Daughter of the said Kate, and this Deponent never heard to the contrary, and he thinks he has heard his Father say so: that his said Father died and left Richard Brooke, (Queen Tree) his Executor and on a distribution of his Estate, the said Nase fell to the share of his Brother Francis Boarman, & on his death, the Executor of his said Brother sold him at public Sale as this Deponent has understood and he was purchased by John Ford, commonly called Weaver Ford & further saith not: Sworn to this Tenth day of May 1792 before the Subscriber one of the Justices of the peace of Anne Arundel County. Allen Quynn.

 

Ignatius Butler
vs
John Ford

Anne Butler a Free person of Colour aged eighty three years, being duly sworn on the Holy Evangely of Almighty God, deposeth & saith that she knows the Petitioner Ignatius Butler now present, and she has known him ever Since he was a boy, & this Deponent well knew Kate his Grandmother who belonged to Baptist Boarman who was aunt to the Deponent & Sister of her mother Jenny, which Jenny & Kate were always reputed to be the Daughters of Irish Nell & this Deponent never heard to the Contrary & Jenny the Deponents mother belonged to Mrs Shervin, and Nase who petitioned against Joseph Sims of George Town is the son of the Deponents Sister Beck who was Daughter of Jenny before mentioned. Sworn to this     day of May 1792. Before Bullen

Whereupon, the said John Ford by his attorney aforesaid, saith, that he cannot deny the complaint aforesaid of the said Ignatius Butler the Petitioner aforesaid, so as aforesaid made, nor but that the said Ignatius Butler, the Petitioner aforesaid, is entitled to his Freedom, being the son of Peggy Butler who was the Daughter of Cate Butler, who was the Daughter of Eleanor Butler a Free white woman, in manner and form as the said Ignatius Butler by his said Petition to the Court here preferred against him the said John Ford, above hath alleged; and thereupon, the said Ignatius Butler by his attorney aforesaid prays that he may be dismissed and discharged from the service of the said John Ford, 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 Ignatius Butler, the Petitioner aforesaid recover of and against the said John Ford, his Freedom, and that he be hence freed and discharged of and from the service of the said john Ford, and that he the said Ignatius Butler, the Petitioner aforesaid, go freed and discharged thereof without day andsoforth. And it is further considered by the Court here, that the said Ignatius Butler, the Petitioner aforesaid, recover against the said John Ford, the quantity of Two thousand Six hundred and Sixty seven pounds of tobacco by the Court here, unto the said Ignatius 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 &ca Test John Gwinn Clk