O Say Can You See

Be it remembered that heretofore, towit, on the Eighteenth day of November in the year of our Lord One thousand seven hundred and ninety one: Clement Butler by Gabriel Duvall his attorney, preferred and filed in the General Court here his Petition for Freedom against Jezreel Penn, 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 Jezreel Penn of Charles County; and he is advised that he is entitled to his Freedom, being descended from Sarah Butler, who is the Daughter of Elizabeth, who was the Daughter of Peggy, who was the Daughter of Nelly Butler a Free white woman. He therefore prays your Honors the premises considered to discharge him from the custody of the said Jezreel Penn if he should prove his descent aforesaid; and the summons may issue for the said Jezreel Penn to answer this Petition, and your Petitioner will pray & soforth.

G Duvall for Petitioner

Thereupon, on motion of the said Clement Butler by his attorney aforesaid, it is ruled and ordered by the Court here, that the said Jezreel   Jezreel Penn do not remove the said Clement 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 mean time to feed, cloath and use the said Clement 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 Jezreel Penn to answer unto the said Petition of the said Clement Butler; which said Summons issued accordingly, directed to the Sheriff of Charles County in form following, towit. The State of Maryland towit, To the Sheriff of Charles County, Greeting: We command you that you Summon Jezreel Penn late of Charles County, that all delays and excuses be 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 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 Samuel Chase Esquire Chief Judge of our said Court the 1st day of November Anno domini one thousand seven hundred and ninety one. Issued the 21st day of November 1791. (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, and the day of the return of the aforegoing Summons, comes into the General Court here, the said Clement Butler by his 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. James Simmes, Sheriff." And the said Jezreel Penn being so forewarned, comes into the General Court here by Philip Barton Key his attorney; 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 Freeman 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 Grandmother 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 Somervill 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 has petitioned against Benjamin Posey and Anne (against John Keech) are sisters of the fourt 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 Jezreel Penn 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 descended from Sarah Butler, who is the Daughter of Elizabeth, who was the Daughter of Peggy, who was the Daughter of Nelly Butler, a Free white woman, in manner and form, as the said Clement Butler, by his said Petition to the Court here, preferred against him the said Jezreel Penn, above hath alleged; And thereupon, the said Clement Butler by his attorney aforesaid, prays that he may be dismissed and discharged from the service of the said Jezreel Penn, together with his costs and charges by him about the prosecution of his said Petition, to him to be adjudged, andsoforth Therefore   Therefore it is considered by the Court here, that the said Clement Butler, the petitioner aforesaid, recover of and against the said Jezreel Penn, his Freedom, and that he be hence freed and discharged of and from the Service of the said Jezreel Penn, 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 Jezreel Penn, the quantity of Five hundred and eighty two 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 Clerk.