O Say Can You See

Be it remembered, that heretofore towit, on the Nineteenth day of January in the year of our Lord one thousand seven hundred and ninety two; Lydia Butler by Gabriel Duvall her attorney, preferred and filed in the General Court here, her Petition for Freedom against Nicholas Swingle, which is in form following towit: To the Honorable the Judges of the General Court. The Petition of Lydia Butler, humbly sheweth, that she is held as a slave by Nicholas Swingle of Washington County, although she is entitled to her Freedom, being descended from a Free woman. Your Petitioner is the Daughter of Elizabeth Butler who was the Daughter of Phillis Butler who was the Daughter of Abigail Butler, who was the Daughter of Eleanor Butler a Free woman: She therefore prays, that your honors would take her case into consideration and discharge her from the custody of the aforesaid Nicholas Swingle; and that summons issue for her witnesses, andsoforth. G Duvall for Petr

Thereupon, on motion of the said Lydia Butler by her attorney aforesaid, it is ruled and ordered by the Court here, that the said Nicholas Swingle do not remove the said Lydia 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, clothe and use the said Lydia 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 Nicholas Swingle to answer unto the said Petition of the said Lydia Butler; which said Summons issued accordingly, directed to the Sheriff of Washington County, in form following towit. The State of Maryland Sct To the Sheriff of Washington County, Greeting: We command you that you Summon Nicholas Swingle late of Washington County, 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 the Petition of Lydia 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.

Issue the 19th day of January 1792. (G Duvall). 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 Lydia Butler by her attorney aforesaid; and the Sheriff of Washington County aforesaid to whom the said Summons was inform aforesaid, directed, makes return thereof to the Court here thus endorsed towit: "Summoned. H. Shryock Shff." And the said Nicholas Swingle being so forewarned, comes into the General Court here by John Thomson Mason his attorney: And the said Lydia Butler by her attorney aforesaid, files in Court here, the Depositions 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 Evangily 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 Abigail, 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 DeButts of St. Mary's County, and well knowns 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 Nace, Katy and Lymus, the children of the aforesaid Henny, who have also petitioned against the said Henry Hill their present master. Sworn, 18th May 1792. Before Allen Quynn.

Whereupon, all and singular the premises aforesaid, between the parties aforesaid, by the Court here, being seen, heard and fully understood, and mature deliberation thereupon had, for that it appears to the Court here, that the said Lydia Butler, the petitioner aforesaid, is entitled to her Freedom, being descended from a Free woman, as she by her Petition to the Court here hath alleged; Therefore it is considered   considered by the Court here, that the said Lydia Butler, the Petitioner aforesaid, be Free and discharged of and from the Service of the said Nicholas Swingle, and that she the said Lydia Butler, the petitioner aforesaid, go thereof without day, andsoforth. It is further considered by the Court here, that the said Lydia Butler, the petitioner aforesaid, recover against the said Nicholas Swingle, the quantity of Five hundred and Sixty nine pounds of tobacco, by the Court here unto her the said Lydia Butler, on her assent adjudged for her costs and charges by her about the prosecution of her Petition aforesaid laid out and expended, and that she have thereof her Execution, andsoforth.

Test John Gwinn Clerk.