O Say Can You See

Be it remembered that at this Term towit, the second Tuesday of May being the Eleventh day of the said month in the year of our Lord One thousand seven hundred and ninety; comes into the General Court here, Giles Butler by Gabriel Duvall his attorney, and prefers and files in Court here, his Petition for Freedom against George Somerville, which is in form following towit. To the Honorable the Judges of the General Court The Petition of Giles Butler humbly sheweth, that he is unjustly detained and held in Slavery by a certain George Somerville of Saint   Saint Marys County, when he is entitled to his Freedom, being the son of Bett Butler who was the Daughter of Eleanor Butler, who was the Daughter of Eleanor Butler, a Free white woman. He therefore prays your Honors to grant a Summons against the said George Somerville to appear before your Honors and answer the premises, and that he enter into the usual recognizance not to ill treat your Petitioner, and that he be permitted to attend his Counsel when necessary, andsoforth. G Duvall for Petr. 17th May 1790.

Whereupon it is ordered by the Court here that summons may Issue pursuant to the prayer of the Petitioner, andsoforth: Thereupon, the said Giles Butler by his attorney aforesaid prosecutes and sues forth out of the General Court here, the writ of the State of Maryland of Subpoena ad respondendum against the said George Somerville, directed to the Sheriff of Saint Marys County, in form following towit. The State of Maryland Sct. To the Sheriff of Saint Marys County, Greeting. We command you that you Summon George Somerville late of Saint Marys County, that all excuses and delay set aside he be and appear before the Judges of our General Court held at the City of Annapolis, immediately, to answer the Petition of Giles 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 Eleventh day of May in the year of our Lord One thousand seven hundred and ninety. Issued the 17th day of May 1790. (GD) Jno Gwinn Clk

And the Sheriff of Saint Marys County aforesaid to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed towit. "Not Summoned. P. Ford, Sheriff"

Nevertheless, comes into the General Court here, the said George Somerville by Philip Barton Key his attorney: 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 October next; the same day is given to the parties aforesaid, then andsoforth.

At which said Second Tuesday of October being the Twelfth day of the said month in the year of our Lord One thousand seven hundred and ninety, come again into the General Court here, as well the said Giles Butler by his attorney aforesaid, as the said George Somerville 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 soforth.

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 one, come again into the General Court here, as well the said Giles Butler by his attorney aforesaid, as the said George Somerville 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, andsoforth.

And now at this day towit, the 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 one, comes again into the General Court here, as well the said Giles Butler by his attorney aforesaid; and the said George Somerville does not come, but a certain John Somerville by Philip Barton Key his attorney, comes into Court here, and suggests to the Court here, that since the last continuance of the plea aforesaid, and before this day, the said George Somerville departed this life, and that since the death of the said George Somerville administration, with the Testament and last will of the said George Somerville of all and Singular the goods and chattels, rights and credits, which were of the said George Somerville, was in due form committed and granted by the Orphans Court of Saint Marys County to him the said John Somerville, and which he now produces to the Court here, whereby it sufficiently appears to the Court here, that the said John Somerville is administrator, with the said Testament annexed, of the said George Somerville, and thereupon hath administration, andsoforth: and the said Giles Butler by his attorney aforesaid files in Court here the Deposition of Joseph Butler, which is in form following towit (here insert it, which is entered in this Book on page 301 &ca) Whereupon, the said John Somerville administrator as aforesaid by his attorney aforesaid, saith that he cannot deny the complaint aforesaid of the said Giles Butler the Petitioner aforesaid, so as aforesaid made, nor but that the said Giles Butler the Petitioner aforesaid, is entitled to his Freedom, being the son of Bett Butler who was the Daughter of Eleanor Butler, who was the Daughter of Eleanor Butler a Free white woman, in manner and form as the said Giles Butler by his said Petition to the Court here preferred against him the said George Somerville in his life time above hath alleged; And thereupon, the said Giles Butler by his said attorney, prays that he may be dismissed and discharged from the service of the said John Somerville administrator as aforesaid together with his costs and charges by him about the prosecution of his said Petition, to him to be adjudged, andsoforth: Therefore it is considered by the Court here, that the said Giles Butler the petitioner   Petitioner aforesaid, recover of and against the said John Somerville the administrator aforesaid, his Freedom, and that he be hence freed and discharged of and from the service of the said John Somerville the administrator aforesaid, and that he the said Giles Butler the petitioner aforesaid go freed and discharged thereof without day, and soforth. And it is further considered by the Court here, that the said Giles Butler the petitioner aforesaid recover against the said John Somerville administrator as aforesaid, the quantity of One thousand and thirty four pounds of tobacco, by the Court here unto him the said Giles Butler on his assent adjudged for his costs and charges by him about the prosecution of his said Petition laid out and expended; To be levied of the Goods and Chattels which were of the said George Somerville at the time of his death in the hands of the said John Somerville remaining to be administered, if so much thereof in his hands to be administered he hath, and if so much thereof in his hands to be administered he hath not, then to be levied of the proper Goods and Chattels of the said John Somerville, andsoforth.

Test. John Gwinn Clk.