Samuel Butler v. Josias Hancock. Judgment Record

 

Samuel Butler
against
Josias Hancock

Be it remembered that heretofore to wit, on the second day of May in the year of our Lord one thousand seven hundred and ninety two; Samuel Butler by Henry Ridgely his attorney, preferred and filed in the General Court here, his Petition for Freedom against Josias Hancock, which is in form following to wit. To The honourable, the Judges of the General Court. The Petition of Samuel Butler humbly sheweth, that he is held in slavery by Josias Hancock of Charles County and he is advised that he is entitled to his freedom being descended in the female line from a free white woman He therefore prays your honours, the premises considered, to discharge him from the further service of the said Hancock, should he prove his descent as aforesaid, and that summons may issue for the said Hancock to answer unto this Petition, and he will pray and soforth.

G. Duvall for Petir.

Whereupon, the said Samuel Butler by his attorney aforesaid, prosecuted and sued forth out of the General Court here, the writ of the State of Maryland of Summons, against the said Josias Hancock, directed to the Sheriff of Charles County, in form following towit. The State of Maryland To Wit, To the Sheriff of Charles County, Greeting We command you that you summons Josias Hancock late of Charles County that all delays and excuses be set a side 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 instant to answer unto the Petition of Samuel 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 Honourable Samuel Chase Esquire 1792.

Issued the 2d day of May 1792. (G.D.) John Gwinn Clk.

At which 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 Samuel 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 to wit, "Not Summoned. James Simmes Sheriff"

And the said Josias Hancock does not come into the General Court here Whereupon, on motion of the said Samuel Butler by his attorney aforesaid it is, ruled and ordered by the Court here that the Writ of the State of Maryland of Summons again issue forth out of the General Court here   against the said Josias Hancock, directed to the Sheriff of Charles County, in form following towit. The State of Maryland to wit. To the Sheriff of Charles County, Greeting. We command you that you summons Josias Hancock 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 October next to answer unto the Petition of Samuel 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 Honourable Samuel Chase Esquire Chief Judge of our said Court 30th day of June Anno Domini 1792.

Issued the 6th July Anno Domini 1792. (G.D.) Jno Gwinn Clk.

At which said second Tuesday of October being the ninth 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 again into the General Court here, the said Samuel 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 to wit;

"Summoned. James Simmes Sheriff

Whereupon, comes into the General Court here the said Josias Hancock, by John Campbell his attorney; And thereupon on motion of the said Samuel Butler by his attorney aforesaid it is ruled by the Court here that the said Josias Hancock enter into the usual and customary recognizance in such cases prescribed:

Thereupon the said Josias Hancock in his proper person now here acknowledges himself to owe and stand justly indebted to the State of Maryland in the sum of one hundred pounds current money which he acknowledges shall be levied of his body goods and chattels Lands and Tenements to and for the use of the said State, on Condition that he do not remove the said Samuel Butler out of this State nor obstruct him from attending this Court from time to time in support of his Petition for freedom, exhibited to the Court here against him the said Josias Hancock and in the mean time to feed, cloath and use him well, and pay whatever satisfaction the Court shall adjudge for the services of the said Samuel Butler from this term to the time of the Judgment, with costs.

Thereupon further process of and upon the premises aforesaid between the parties aforesaid by order of the Court here is continued untill the second Tuesday of May next, the same day is given to the said parties then &ca

And now at this day towit, the said second Tuesday of May being the fourteenth day of the said month in the year of our Lord one thousand seven hundred and ninety three, come again into the General Court here as well the said Samuel Butler by his attorney aforesaid, as the said Josias Hancock by his attorney aforesaid: Whereupon, on motion of the said Samuel Butler by his attorney aforesaid, it is ordered by the Court here that the Petition aforesaid of the said Samuel Butler preferred as   as aforesaid to the Court here against the said Josias Hancock for Freedom be dismissed, and that the said Samuel Butler the Petitioner aforesaid return to the service of the said Josias Hancock his master, and soforth.

Test. John Gwinn Clk.