Agnes Butler v. Rachel Boarman. Judgment Record

 

Agnes Butler
against
Rachel Boarman

Be it remembered, that heretofore towit, on the Twenty first day of October in the year of our Lord One thousand seven hundred and ninety; Agnes Butler by Gabriel Duvall her attorney, preferred and filed in Court here, her Petition for Freedom against Rachel Boarman, in the words and of the tenor following towit. To the Honorable the Judges of the General Court: The Petition of Agnes Butler, humbly sheweth that she is held as a Slave by Rachel Boarman of Charles County altho' she is entitled to her Freedom, being descended from a Free woman whose name was Eleanor Butler. Your Petitioner is the Daughter of Anne Butler who was the Daughter of Eleanor Butler who was the Daughter of Anne Butler who was the Daughter of Eleanor Butler aforesaid a Free white woman: She therefore prays your honors to take her case into consideration and discharge her from the custody of the said Rachel Boarman, and that Summonses may Issue for Her witnesses, andsoforth. G. Duvall for Petr.

Thereupon, on motion of the said Agnes Butler, by her attorney aforesaid, it is ruled and ordered by the Court here that the said Rachel Boarman do not remove the said Agnes Butler out of this State, nor obstruct her from attending this Court from time to time in support of her Petition for Freedom preferred to the Court here; and in the mean time to feed, cloath and use the said Agnes Butler well: It is further ruled and ordered by the Court here, that the writ of the State of Maryland of Summons issue forth out of the General Court here against the said Rachel Boarman, to answer unto the said Petition of the said Agnes Butler, which Issued accordingly, directed to the Sheriff of Charles County in the words and of the tenor following towit: The State of Maryland Sct To the Sheriff of Charles County, Greeting. We command you that you summon Rachel Boarman of Charles County, that all excuses and delays set aside she 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 Agnes 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 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. (G. Duvall) Jno Gwinn Clk.

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, and the day of the return of the aforegoing Summons, comes into the General Court here, the said Agnes Butler by her attorney aforesaid; and the Sheriff of Charles County aforesaid, to whom the said summons was inform aforesaid directed, makes return thereof to the Court here thus endorsed, towit: "Summoned. Thos A. Dyson, Shff of Chas County." And the said Rachel Boarman being so forewarned now here comes into the General Court by Philip Barton Key her 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 said parties, then andsoforth.

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 one, come again into the General Court here, as well the said Agnes Butler by her attorney aforesaid, as the said Rachel Boarman 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 said parties, then, andsoforth

And now at this day towit, 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 two, comes again into the General Court here, the said Rachel Boarman by her attorney aforesaid, and the said Agnes Butler does not come; And the said Rachel Boarman by her attorney aforesaid suggests to the Court here, that since the last continuance of the plaint aforesaid, the said Agnes Butler the Petitioner in this case, departed this life, and the same is not denied: Therefore it is considered and adjudged by the Court here that the Petition, plaint and proceedings aforesaid between the parties aforesaid in this case, abate

Test John Gwinn Clerk