O Say Can You See

Be it remembered that heretofore towit, on the Seventh day of December in the year of our Lord One thousand Seven hundred and ninety; Abigail Butler by Henry Ridgely her attorney, preferred and filed in the General Court here, her Petition for Freedom against Henrietta Plowden, which is in form following towit: To the Honorable the Judges of the General Court. The Petition of Abigail Butler, humbly Sheweth, that She is held as a Slave by Henrietta Plowden of Saint Mary's County, altho' She is entitled to her Freedom, being descended from a Free white woman, whose name was Eleanor Butler. Your Petitioner is the Daughter of Eleanor Butler, who was the Daughter of Sarah Butler, who was the Daughter of Eleanor Butler, the Free white woman aforesaid. She therefore prays your honors to take her case into consideration, and discharge her from the custody of the said Henrietta Plowden, and that Summonses may issue for her Witnesses, andsoforth. H. Ridgely for Petr.

Thereupon, on motion of the said Abigail Butler by her attorney aforesaid, it is ruled and ordered by the Court here, that the said Henrietta Butler do not remove the said Abigail 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 Abigail 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 Henrietta Plowden to answer unto the said Petition of the said Abigail Butler; which said Summons 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 your Summon Henrietta Plowden of Saint Mary's County, that all excuses and delays be set aside she 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 Abigail Butler, preferred against he for Freedom: Hereof She 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 24th day of November, Anno domini, One thousand seven hundred and ninety. Issued the 7th day of December 1790. (H. Ridgely) 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 Abigail Butler by her attorney aforesaid; 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. Philip Ford, Shff." And the said Henrietta Plowden being so forewarned, comes into the General Court here by Philip Barton Key her 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 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 Abigail Butler by her attorney aforesaid as the said Henrietta Plowden by her 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   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 Abigail Butler by her attorney aforesaid, as the said Henrietta Plowden by her attorney aforesaid: And the said Abigail Butler by her attorney aforesaid files in Court here the Deposition of Joseph Butler, which is in manner and form following towit:

Abigail Butler
vs
Henrietta Plowden

Joseph Butler aged about fifty two years being duly sworn on the Holy Evangels of Almighty God deposeth and saith that he knows Abigail, the Petitioner who is the sister of Charles, who got Free on Petition against William Bond, and that Benjamin, Stephen, Samuel, Nell, Hopey, Jenny, Nancy and Milly are her children, and have Petitioned against Henrietta Plowden. Sworn to this     day of May 1792. Before Bullen.

Whereupon, the said Henrietta Plowden by her attorney aforesaid, saith, that she cannot deny the complaint aforesaid of the said Abigail Butler the Petitioner aforesaid, so as aforesaid made, nor but that the said Abigail Butler, the petitioner aforesaid, is entitled to her Freedom, being descended from a Free white woman, whose name was Eleanor Butler, in manner and form as the said Abigail Butler, by her said Petition to the Court here preferred against her the said Henrietta Plowden, above hath alleged; And thereupon, the said Abigail Butler by her attorney aforesaid, prays that she may be dismissed and discharged from the service of the said Henrietta Plowden, 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 Abigail Butler, the petitioner aforesaid, recover of and against the said Henrietta Plowden, her Freedom, and that she be hence freed and discharged of and from the service of the said Henrietta Plowden, and that she the said Abigail Butler the Petitioner aforesaid, go freed and discharged, thereof without day, andsoforth. And it is further considered by the Court here, that the said Abigail Butler, the petitioner aforesaid, recover against the said Henrietta Plowden, the quantity of Six hundred and twenty six pounds of tobacco, by the Court here, unto the said Abigail 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.