Henny Butler, Joseph Butler, Jane Butler, & Nase Butler v. James Fenwick. Judgment Record
Henny Butler and her three children Joseph, Jane, and Nase
against
James Fenwick
Be it remembered that heretofore to wit on the twenty second day of March in the year of our Lord one thousand seven hundred and ninety two, Henny Butler for herself and her three children, Joseph Jane and Nase by Gabriel Duvall her attorney preferred and filed in the General Court here her petition for freedom against James Fenwick, which is in form following to wit, To the Honourable the Judges of the General Court. The petition of Henny Butler humbly sheweth that she is, together with her three children Joseph, Jane and Nase held in slavery by James Fenwick of Charles County, and she is advised that she is entitled to her freedom being descended in the female line from a free white woman she therefore prays your Honours the premises considered to discharge her from the custody of the said James Fenwick if she should prove her descent as aforesaid and that summons may issue for the said James Fenwick to answer this petition and she will pray and so forth. G. Duvall for petr Whereupon in pursuance of the Rule and Order of the Court here in such cases made and provided on the day and year aforesaid the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid prosecuted and sued forth out of the General Court here the writ of the State of Maryland of Subpoena ad respondendum against the said James Fenwick directed to the Sheriff of Charles County in form following to wit, The State of Maryland to wit, To the Sheriff of Charles County greeting We command you that you summon James Fenwick late of Charles 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 the second Tuesday of May next to answer the petition of Henny Butler and her three children. Joseph, Jane and Nace 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 the 14th day of February anno Domini 1792
Issued the 22nd day of March 1792. (G.D) Jno 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 Henny Butler for herself and her three children aforesaid by her 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 Simms Shff Nevertheless comes not into the General Court here the said James Fenwick nor does he in any manner appear or answer to the petition aforesaid of the said Henny Butler preferred and filed in Court here for herself and her three children aforesaid against him the said James Fenwick although being legally and duly summoned pursuant to the command of the said aforegoing summons, whereupon on motion of the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid it is ordered by the Court here that the writ of the State of Maryland of attachment issue forth out of the General Court here against the said James Fenwick to answer unto the State of Maryland for the contempt aforesaid which accordingly issued directed to the Sheriff of Charles County in form following to wit The State of Maryland Sc To the Sheriff of Charles County greeting. We command you that you attach the body of James Fenwick late of Charles County and him have 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 us touching a certain contempt by him committed in not appearing to answer the petition of Henny Butler and her three children Joseph, Jane, and Nace in our said Court preferred against him for freedom after being thereto legally summoned, hereof 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 31st day of May anno Domini 1792
Issued the 19th day of June 1792 (L Martin) John Gwinn Cl.
And thereupon the same day is given to the said Henny Butler then and there and so forth
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 attachment comes again into the General Court here the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid, and the Sheriff of Charles County aforesaid to whom the said attachment was in form aforesaid directed makes return thereof to the Court here thus endorsed to wit "Attached" James Simms Shff Whereupon comes into the General Court here the said James Fenwick by Thomas Du Hurst Merrick his attorney, and on motion of the said Henny Butler for herself herself and her three children aforesaid by her attorney aforesaid it is ruled by the Court here that the said James Fenwick enter into a Recognizance to the State of Maryland in the usual form in such cases made and provided whereupon the said James Fenwick in his proper person acknowledges himself to owe and stand justly indebted to the State of Maryland in the sum of two hundred pounds current money to be levied of his body goods and chattels lands and tenements to and for the use of the said State of Maryland on condition that the said James Fenwick do not remove the said Henny Butler and her three children aforesaid out of the said State of Maryland nor obstruct her from attending this Court from time to time in support of her petition for freedom exhibited in the said Court for herself and her three children aforesaid against the said James Fenwick and in the meantime, to feed, cloath and use the said Henny Butler and her three children aforesaid well, and pay whatever satisfaction the Court shall adjudge for the services of the said Henny Butler and her three children aforesaid 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 until the second Tuesday of May next, the same day is given to the parties aforesaid then and there and so forth
At which 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 Henny Butler for herself and her three children aforesaid by her attorney aforesaid as the said James Fenwick by his attorney 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 October next the same day is given to the parties aforesaid then and so forth
At which said second Tuesday of October being the eighth 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 Henny Butler for herself and her three children aforesaid by her attorney aforesaid as the said James Fenwick 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 and there and so forth.
At which said second Tuesday of May being the thirteenth day of the said month in the year of our Lord one thousand seven hundred and ninety four comes again into the General Court here the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid as the said James Fenwick by his 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 October next, the same day is given to the parties aforesaid then and so forth
At which said second Tuesday of October being the fourteenth day of the said month in the year of our Lord one thousand seven hundred and ninety four, comes again into the General Court here the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid as the said James Fenwick by his 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 and so forth
At which said second Tuesday of May being the twelfth day of the said month in the year of our Lord one thousand seven hundred and ninety five comes again into the General Court here the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid, and the said James Fenwick does not come. Thereupon the said Henny Butler by herself and her three children aforesaid by her attorney aforesaid suggests to the Court here that the attorney or counsel of the said James Fenwick in this cause has departed this life since the last continuance of the plaint aforesaid; and the same is not denied; and thereupon on motion of the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid it is ruled by the Court here that the said James Fenwick employ new counsel in this cause by the second Tuesday of October next. Thereupon further process of and upon the premises aforesaid between the parties aforesaid by order of the Court here is further continued until the said second Tuesday of October next the same day is given to the said Henny Butler then and so forth
At which said second Tuesday of October being the thirteenth day of the said month in the year of our Lord one thousand seven hundred and ninety five comes again into the General Court here the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid and the said James Fenwick does not come. Thereupon on motion of the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid it is ordered by the Court here that the Rule to compel the said James Fenwick to employ new counsel in this cause be enlarged until the second Tuesday of May next thereupon further process of and upon the premises aforesaid between the parties 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 said Henny Butler then and so forth
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 six comes again into the General Court here the said Henny Butler for herself and her three children aforesaid by Jonathan R Wilmer her attorney and the said James Fenwick does not come Thereupon on motion of the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid it is ordered by the Court here that the Rule to compel the said James Fenwick to employ new counsel in this cause be enlarged until the second Tuesday of October next 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 October next, the same day is given to the said Henny Butler then and so forth
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 six come again into the General Court here the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid and the said James Fenwick does not come, Thereupon on motion of the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid it is ordered by the Court here that the Rule to compel the said James Fenwick to employ new counsel in this cause be enlarged until the second Tuesday of May next. Thereupon further process of and upon the premises aforesaid between the parties aforesaid by order of the Court here is further continued until the said second Tuesday of May next the same day is given to the said Henny Butler then and so forth.
At which said second Tuesday of May being the ninth day of the said month in the year of our Lord one thousand seven hundred and ninety seven come again into the General Court here the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid, and the said James Fenwick does not come, Thereupon on motion of the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid it is ordered by the Court here that the Rule to compel the said James Fenwick to employ new counsel in this cause be enlarged until the second Tuesday of October next 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 October next the same day is given to the said Henny Butler then and so forth
At which said second Tuesday of October being the tenth day of the said month in the year of our Lord one thousand seven hundred and ninety seven comes again into the General Court here the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid, and the said James Fenwick does not come Thereupon on motion of the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid it is ordered by the Court here that the Rule to compel the said James Fenwick to employ new counsel in this cause be enlarged until the second Tuesday of May next. Thereupon further process of and upon the premises aforesaid between the parties aforesaid by order of the Court here is further continued until the said second Tuesday of May next the same day is given to the said Henny Butler then and so forth
And now at this day to wit 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 eight comes again into the General Court here as well the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid as the said James Fenwick by Walter Dorsey his attorney and the said Henny Butler for herself and her three children aforesaid by her attorney aforesaid files in Court here the Deposition of John Butler and Nanny Butler which are in form following to wit
Josiah Butler against Eleanor Smith
John Butler aged sixty nine years & upwards being sworn on the Holy Evangely of Almighty God deposeth & saith that Josiah Butler a petitioner against Eleanor Smith is brother to Stephen who petitioned against the said Eleanor Smith, and Francis Butler is also a brother of the said Stephen both of whom this deponent has known ever since they were children, and further he saith that Henny Butler a petitioner against James Fenwick is sister of the said Stephen and their deponent has known her ever since she was a child. Sworn to this 24th day of December 1791, before the subscriber one of the Justices of Anne Arundel County. Allen Quynn
Jane Butler against John Smith
Nanny Butler aged about 82 being sworn deposeth and saith that she is the daughter of Jenny who belonged to Mrs Sherbin and that Jenny was the daughter of old Irish Nell and that the petitioner is the Daughter of the Deponent who is free that her said Daughter the petitioner has the following children to wit Henny who is held by James Fenwick and Lyndey who is held by Henrietta Boarman Stephen Matthias and Francis held by Eleanor Smith of Saint Marys County. The deponent further saith that her said Grand-daughter Lynda above mentioned has three children that the deponent knows to wit Lucy, Ann and Joe that this deponent has understood were sold on board a Spanish Vessel. The Deponent farther saith that her said Grand daughter Henny had two children that she knows and their names are Joe and Nace held by James Fenwick. 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 for that it appears to the Court here that the said Henny Butler and her three children aforesaid the petitioner aforesaid are entitled to their freedom being descended in the female line from a free white woman as she for herself and her three children aforesaid by her petition to the Court here hath alledged therefore it is considered by the Court here that the said Henny Butler and her three children aforesaid the petitioners aforesaid be free and discharged of and from the service of the aforesaid James Fenwick and that she the said Henny Butler and her three children aforesaid the petitioners aforesaid go thereof without day &c It is also considered by the Court here that the said Henny Butler for herself and her three children aforesaid the petitioners aforesaid recover against the said James Fenwick the quantity of seven hundred and five pounds of tobacco by the Court here unto her the said Henny Butler for herself and her three children aforesaid the petitioners aforesaid on their assent adjudged for their costs and charges by them about the prosecution of their petition aforesaid laid out and expended and that they have thereof their execution and so forth.
Test. John Gwinn Clk.
