Henny Butler v. Henry Hill. Judgment Record

 

Henny Butler
against
Henry Hill

Be it remembered that heretofore, towit, on the Fifth day of February in the year of our Lord one thousand seven hundred and ninety two; Henny Butler by Gabriel Duvall her attorney, preferred and filed in the General Court here, her Petition   for Freedom against Henry Hill, which is in form following towit: To the honorable the Judges of the General Court. The Petition of Henny Butler, humbly sheweth, that she is held in Slavery by Henry Hill of Saint Mary's County, and she is advised that she is entitled to her Freedom, being the Daughter of Anne Butler who is Daughter of the late Jane Butler who was the Daughter of Eleanor Butler a Free white woman. She therefore prays your honors, the premisses being considered & the facts being established, to discharge her from further service. And she as in duty bound will pray & soforth. G. Duvall. 6th Feb: 1792.

Thereupon, on motion of the said Henry Butler by her attorney aforesaid it is ruled and ordered by the Court here, that the said Henry Hill do not remove the said Henny Butler out of this State, nor obstruct her from attending this Court from time to time in support of her Petition for Freedom, preferred to the Court here; and in the mean time to feed, cloath and use the said 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 Henry Hill, to answer unto the said Petition of the said Henny Butler: which issued accordingly, directed to the Sheriff of Saint Marys County, in form following towit: The State of Maryland Sct To the Sheriff of Saint Mary's County, Greeting We command you that you Summon Henry Hill, 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 unto the Petition of Henry 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 Samuel Chase Esquire Chief Judge of our said Court the 29th day of December anno domini 1791. Issued the 5th day of February 1792. (GD) Jno Gwinn Clk.

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, comes into the General Court here, the said Henny Butler by her attorney aforesaid; and the Sheriff of Saint Mary's County aforesaid, to whom the said summons was in form aforesaid directed, makes return thereof to the Court here, thus endorsed towit. "Sumd F. Hamersley, Shff" And   And the said Henry Hill, being so forewarned, comes into the General Court here by Philip Barton Key his attorney; And the said Henny Butler by her attorney aforesaid, files in Court here the Deposition of John Butler, which is in the words and of the tenor following towit:

Lydia Butler
vs
Nicholas Swingle

John Butler aged Seventy one years or thereabouts being duly sworn on the Holy Evangely of Almighty God deposeth & saith that he knows the Petitioner Lydia, now present, who is Daughter of Betty who obtained her Freedom on a Petition against Henry Hill, which Betty was Daughter of Phillis, Daughter of Elizabeth commonly called Abijail who was Daughter of Nel Butler. And he further saith, that he well knows Anne Butler, Moses Butler and Frank Butler who have Petitioned against John De Butts of St Mary's County, and well knows Henny the mother of the said three children & has known her ever since she could speak, she is the Daughter of Anne Butler, which said Anne and Henny are now present, and the said Anne, the Deponent always understood to be the Grand Daughter of Nel Butler. And the said Henny has Petitioned, as he is informed against Henry Hill her present master. And he further saith, that he well knows Nase, Katy and Lymus, the children of the aforesaid Henny who have also Petitioned against the said Henry Hill their present master. Sworn 18 May 1792 Before Bullen

Whereupon, the said Henry Hill by his attorney aforesaid, saith, that he cannot deny the complaint aforesaid of the said Henny Butler, the Petitioner aforesaid, so as aforesaid made, nor but that the said Henny Butler, the Petitioner aforesaid, is entitled to her Freedom, being the Daughter of Anne Butler, who is Daughter of the late Jane Butler who was the Daughter of Eleanor Butler, a Free white woman, in manner and form, as the said Henny Butler, by her said Petition to the Court here, preferred against him the said Henry Hill, above hath alleged: And thereupon, the said Henny Butler, the Petitioner aforesaid, by her attorney aforesaid, prays that she may be dismissed and discharged from the service of the said Henry Hill, 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 Henny Butler, the   Petitioner aforesaid, recover of and against the said Henry Hill her Freedom, and that she be hence freed and discharged of and from the service of the said Henry Hill, and that she the said Henny Butler, the Petitioner aforesaid, go freed and discharged thereof without day, andsoforth. And it is further considered by the Court here, that the said Henny Butler, the Petitioner aforesaid, recover against the said Henry Hill the quantity of Five hundred and eighty four pounds of tobacco, by the Court here, unto the said Henny Butler on her assent adjudged, for her 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 Clerk.