O Say Can You See

Be it remembered that heretofore towit on the twenty second day of March in the year of our Lord one thousand seven hundred and ninety two Clare Butler, Charley Butler, Matthew Butler and Lewis Butler, by Gabriel Duvall their attorney prefer to the Court here this petition for freedom against Jane Boarman in form following towit.

To the honourable Judges of the General Court.

The petition of Clare, Charity, Matthew and Lewis Butler humbly shewth that   that that they are held as slaves by Jane Boarman of Charles County altho they are entitled to their freedom, being descended from a free white woman whose name was Eleanor Butler, your petitioners are the sons and daughters of Peggy Butler, who was the daughter of Peggy Butler who was the daughter of Kate Butler, who was the daughter who was the Daughter of Eleanor Butler the free white woman aforesaid they therefore pray your honours to take their case into consideration and discharge them from the custody of the said Jane Boarman, and that summonses may issue for their witnesses andsoforth.

H Ridgely for petitioner

Thereupon it is ordered by the Court here that the writ of the State of Maryland of subpeona ad respondendum issue against the said Jane Boarman to answer unto the said petition and soforth and the same according issues directed to the Sheriff of Charles County in form following towit.

The State of Maryland Sct To the Sheriff of Charles County Greeting We Command you that you summons Jane Boarman late of Charles County that all excuses and delays set asside 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 petitions of Clare, Charley, Matthew and Lewis Butler preferred against her for freedom. Hereof she 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 the 14 day of February Anno Domini 1792

Issued the 22d day of March 1792

GD Jno Gwinn Clk

At which said second Tuesday of May being the eighth day of the same month in the year of our Lord one thousand seven hundred and ninety two and the day of the return of the aforegoing writ, comes into the General Court here the said Clare Butler, Charity Butler, Matthew Butler and Lewis Butler by their attorney aforesaid, and the Sheriff of Charles County, to whom the said summons was in form aforesaid directed makes return thereof to the Court here, thus endorsed towit.

Summoned James Simmes Sheriff Chas County

And the said Jane Boarman by Philip Barton Key her attorney appears in Court here, and defends the force and injury when andsoforth and prays leave of the Court here to imparle untill the second Tuesday of October next, and to him it is granted the same day is given to the said petitioners also.

At which said second Tuesday of October being the ninth day of the same month in the year of our Lord one thousand seven hundred and ninety two to which said day the said Jane Boarman had leave to imparle come again into the General Court here, as well the said Petitioners as the said Jane Boarman by their attornies and the said Jane Boarman by her attorney aforesaid further defend the force and injury when andsoforth and prays leave of the court here to imparle untill the second Tuesday of May next, and to her it is granted the same day is given to the petitioners also.

 

At which said second Tuesday of May being the fourteenth day of the same month in the year of our Lord one thousand seven hundred and ninety three to which said day the said Jane Boarman had leave to imparle, come again into the General Court here as well the said Petitioners as the said Defendant by their attornies aforesaid and the said Jane Boarman by her attorney aforesaid as before defends the force and injury when and soforth and prays leave of the court here to imparle untill the second Tuesday of October next and to her it is granted, the same day is given to the petitioners also.

At which said second Tuesday of October being the Eighth day of the same month in the year of our Lord one thousand seven hundred and ninety three to which said day the said Jane Boarman had leave to imparle come again into the General Court here as well the said Petitioners as the said defendant by their attornies and the said Jane Boarman by her attorney aforesaid as before defends the force and injury when andsoforth and prays leave of the court here again to imparle until the second Tuesday of May next and to her it is granted the same day is given to the petitioner also.

At which said second Tuesday of May being the thirteenth day of the same month in the year of our Lord one thousand seven hundred and ninety four, to which said day the said Jane Boarman had leave to imparle, come again into the General Court here as well the petitioners as the defendant by their attornies and the said Jane Boarman by her said attorney as before defends the force and injury when and soforth, and prays further leave to imparle untill the second Tuesday of October next, and to her it is granted, the same day is given to the petitioners also.

At which said second Tuesday of October being the fourteenth day of the same month in the year of our Lord one thousand seven hundred and ninety four, to which said day the said Jane Boarman had to imparle, come again into the General Court here as well the petitioners as the defendant by their attornies: and the said Jane Boarman by her said attorney (as before) defends the force and injury when and soforth and prays leave of the court here to imparle untill the second tuesday of May next, and to her it is granted the same day is given to the petitioner also.

At which said second Tuesday of May being the twelfth day of the same month in the year of our Lord one thousand seven hundred and ninety five, to which said day the said Jane Boarman had leave to imparle, comes again into the General Court here as well the petitioners as the Defendant by their attorneies: and the said Jane Boarman by her said attorney as before defends the force and injury when and soforth and prays further leave of the court here to imparle untill the second Tuesday of October next, and to her it is granted the same day is given to the petitioners also

At which said second Tuesday of October being the thirteenth day of the same month in the year of our Lord one thousand seven hundred and ninety five, to which said day the said Jane Boarman had leave to imparle, come again into the General Court here as well the petitioners as the Defendant by their attornies and the said Jane Boarman by her said attorney (as before) defends the force and injury when andsoforth & prays further leave to imparle untill the second Tuesday of May next, and to her it is granted the same day is given to the petitioners also.

 

And now at this day towit the said second Tuesday of May being the tenth day of the same month in the year of our Lord one thousand seven hundred and ninety six, to which said day the said Jane Boarman had leave to imparle, come again into the General Court here, as well the petitioners as the defendant by their attornies aforesaid, and the said Clare Butler Charley Butler Matthew Butler and Lewis Butler the petitioners aforesaid file in court here the following Deposition towit.

Clare, Matthew and Lewis Butler against Jane Boarman

Anne Butler aged upwards of forty years being sworn on the holy evangely of Almighty God saith that she knows the petitioner Clare Butler and has known her since her infancy. She was born the property of Jane Boarman with whom this deponent lived and is daughter of Peggy Butler who obtained her freedom on petition in the General Court against the aforesaid Jane Boarman. She further saith that she also knows Matthew and Lewis Butler the petitioners against the said Jane Boarman & knew them from their infancy. they are brothers of Clare Butler and sons of the aforesaid Peggy. And she further saith that she does not know any person named Charity Butler who belongs to the said Jane Boarman; & further saith not

1795 sworn to this 28th day of October before J Bullen

Whereupon all and singular the premises 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 petitioners are entitled to their freedom as they by their petition to the court here have alledged. Therefore it is considered by the court here that the said Clare Butler, Charity Butler Matthew Butler and Lewis Butler the petitioners aforesaid be free and discharged of and from the service of the said Jane Boarman their mistress and that they the said Clare Butler Charley Butler, Matthew Butler and Lewis Butler the petitioners aforesaid go thereof without day &ca It is further considered by the court here that the said Petitioners recover against the said Jane Boarman the quantity of Eight hundred and fourteen pounds of Tobacco by the Court here unto them the said petitioners on their assent adjudged for their costs and charges by them about the prosecution of their petition laid out and expended and that they the petitioners have thereof their execution &ca

Test John Gwinn Clk