Josias Butler v. James Neale. Judgment Record

 

Josias Butler
against
James Neale

Be it remembered, that heretofore towit, at October Term, and the Twenty first day of October in the said Term, in the year of our Lord One thousand seven hundred and ninety; Josias Butler by Gabriel Duvall his attorney exhibited to the General Court his Petition for Freedom against James Neale, the tenor whereof is in form following to wit. To the Honorable the Judges of the General Court The Petition of Josias Butler humbly sheweth that he is held as a slave by James Neale of Charles County although he is entitled to his Freedom, being descended from a Free woman, whose name was Eleanor Butler. Your Petitioner is the son of Anne Butler, who is the Daughter of Henrietta Butler who was the daughter of Anne Butler, who was the daughter of Eleanor Butler aforesaid a Free Woman. He therefore prays your honors would take his case into consideration and discharge him from the custody of the said James Neale and that summonses may issue for his Witnesses andsoforth. G Duvall for Petr Whereupon it is ordered by the Court here, that summons issue against the said James Neale to answer the Petition preferred against him by the said Josias Butler for Freedom, which accordingly 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 Summon James Neale late of Charles County Gentleman 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 Josias 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 Thomas Johnson Esquire Chief Judge of our said Court the 24th day of November Anno domini 1790. Issued the 7th day of December 1790. GD. Jno Gwinn Clk At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety one, being the day of the return of the aforegoing summons, comes into the General Court here the said Josias Butler by his attorney aforesaid, and the Sheriff of Charles County to whom the said writ of Summons was in form aforesaid directed, makes return thereof to the Court here that he hath summoned the said James Neale to answer the petition aforesaid of the said Josias Butler preferred against him for Freedom, as by the said summons he was commanded. Whereupon the said James Neale by John Campbell his attorney appears in Court here and defends the complaint andsoforth and prays leave of the said Court here to imparle until the second tuesday of October next, and to him it is granted, the same day is given to the said Josias Butler also. At which said Second tuesday of October in the year of our Lord One thousand seven hundred   and ninety one, come again into the General Court here, as will the said Josias Butler by his attorney aforesaid, as the said James Neale by his attorney aforesaid. Whereupon the said James Neale by his attorney aforesaid as before defends the Complaint aforesaid when the Court shall take the same into consideration, and prays leave of the Court here further to imparle until the second tuesday of May next, and to him it is granted, the same day is given to the said Josias Butler also. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety two, come again into the General Court here, as well the said Josias Butler by his attorney aforesaid as the said James Neale by his attorney aforesaid; Whereupon the said James Neale by his attorney aforesaid as before defends the Complaint andsoforth, and prays further leave of the Court here to imparle until the second tuesday of October next, and to him it is granted, the same day is given to the said Josias Butler also. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety two, come again into the General Court here, as well the said Josias Butler by his attorney aforesaid, as the said James Neale by his attorney aforesaid: Whereupon the said James Neale by his attorney aforesaid as before defends the Complaint and soforth, and prays leave of the Court here further to imparle until the second tuesday of May next, and to him it is granted, the same day is given to the said Josias Butler also. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety three, come again into the General Court here as well the said Josias Butler by his attorney aforesaid, as the said James Neale by his attorney aforesaid: Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here thereon is continued until the second tuesday of October next: At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety three, come again into the General Court here as well the said Josias butler by his attorney aforesaid as the said James Neale by his attorney aforesaid: Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here thereon is further continued until the second tuesday of May next. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety four, come again into the General Court here as well the said Josias Butler by his attorney aforesaid, as the said James Neale by his attorney aforesaid: Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here thereon is further   continued until the second tuesday of October next. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety four, come again into the General Court here, as well the said Josias Butler by his attorney aforesaid, as the said James Neale 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. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety five, come again into the General Court here, as well the said Josias Butler by his attorney aforesaid, as the said James Neale 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. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety five, come again into the General Court here as well the said Josias Butler by his attorney aforesaid, as the said James Neale 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. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety six, come again into the General Court here as well the said Josias Butler by his attorney aforesaid, as the said James Neale by his attorney aforesaid: Whereupon the said Josias Butler by Jonathan Roberts Wilmer his attorney produced and filed in Court here the Deposition of William Butler the tenor whereof is as follows towit. William Butler aged upwards of Fifty years being sworn on the Holy Evangely of Almighty God deposeth and saith that he obtained his Freedom in the General Court on petition against Joseph Neale, and that he is the son of Henny Butler now deceased: that Anne Butler who petitioned against John Keech is sister of the Deponent & born of the said Henny, & was younger than the Deponent. That Edward & William who petitioned against the said John Keech are the children of the Deponent's said sister Anne, & the Deponent has known them from their infancy. That Elizabeth Butler who petitioned against Joseph Simmes of Charles County is daughter of the said Anne sister of this Deponent & he has known her from her infancy. That Mary Anne Butler who petitioned against Joshua Turby is also daughter of the Deponent's said sister Anne & he has known her from her infancy. That Henny Butler who petitioned against Edward Hamilton is also daughter of the Deponent's sister Anne, and he has known her from her infancy. That Josias Butler who petitioned against James Neale is son of the said Anne, sister of the Deponent & he has known him ever since he was a child. Sworn to this 19th day of   May. Before Bullen. Thereupon further process of and upon the premises aforesaid, between the parties, by order of the Court here thereon is further continued until the second tuesday of October next. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety six, come again into the General Court here, as well the said Josias Butler by his attorney aforesaid, as the said James Neale by his attorney aforesaid: Thereupon further process of and upon the premises aforesaid, between the parties aforesaid by order of the Court here thereon, is further continued until the second tuesday of May next. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety seven, come again into the General Court here as well the said Josias Butler by his attorney aforesaid, as the said James Neale by his attorney aforesaid: Thereupon further process of and upon the premises aforesaid between the parties aforesaid, by order of the Court here thereon is further continued until the second tuesday of October next. At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety seven, come again into the General Court here as well the said Josias Butler by his attorney aforesaid, as the said James Neale by his attorney aforesaid: Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here thereon is further continued until the second tuesday of May next. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety eight, come again into the General Court here as well the said Josais Butler by his attorney aforesaid, as the said James Neale by his attorney aforesaid: Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here thereon is further continued until the second tuesday of October next. At which said second tuesday of October in the year of our Lord one thousand seven hundred and ninety eight; come again into the General Court here, as well the said Josias Butler by his attorney aforesaid, as the said James Neale by his attorney aforesaid: Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here thereon is further continued until the second tuesday of May next. At which said second tuesday of May in the year of our Lord One thousand seven hundred and ninety nine, come again into the General Court here, as well the said Josias Butler by his attorney aforesaid, as the said James Neale by his attorney aforesaid: Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here thereon is further continued until the second tuesday of October next.   At which said second tuesday of October in the year of our Lord One thousand seven hundred and ninety nine, come again into the General Court here, as well the said Josias Butler by his attorney aforesaid, as the said James Neale by his attorney aforesaid: Thereupon further process of and upon the premises aforesaid, between the parties aforesaid, by order of the Court here thereon is further continued until the second tuesday of May next. And now at this day towit, the said second tuesday of May in the year of our Lord One thousand eight hundred, come again into the General Court here as well the said Josias Butler by his attorney aforesaid, as the said James Neale by his attorney aforesaid: 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 Josias Butler, the petitioner aforesaid is entitled to his Freedom, being descended, in the female line from a Free Woman, as he by his petition to the Court here hath alleged; Therefore it is considered by the Court here, that the said Josias Butler the petitioner aforesaid, be free and discharged of and from the service of the said James Neale, and that he the said Josias Butler the petitioner aforesaid, go thereof without day andsoforth. It is also considered by the Court here, that the said Josias Butler the petitioner aforesaid recover against the said James Neale the sum of seven hundred and fifty one pounds of Tobacco, by the Court here unto him the said Josias Butler on his assent adjudged for his costs and charges by him about the prosecution of his petition aforesaid laid out and expended, and that he have thereof his Execution and soforth. Test. John Gwinn Clk