Nase Butler v. Henry Hill. Judgment Record

 

Nase Butler
against
Henry Hill.

Be it remembered that heretofore towit, on the Fifth day of February in the year of our Lord One thousand seven hundred and ninety two; Nase Butler by Gabriel Duvall his attorney, preferred and filed in the General Court here, His Petition for Freedom against Henry Hill, which is in form following towit: To the honorable the Judges of the General Court. The Petition of Nase Butler, humbly sheweth, that he is held in Slavery by Henry Hill of Saint Mary's County, and he is advised that he is entitled to his Freedom being the son of Henny Butler, daughter of Anne Butler, who was daughter of Jane Butler, who was daughter of Eleanor Butler a Free Irish woman. He therefore prays your honors, the premises considered, to discharge him from the further service of the said Henry Hill, and he as in duty bound will pray and soforth. G. Duvall, for Petitioner.

Thereupon, on motion of the said Nase Butler by his attorney aforesaid it is ruled and ordered by the Court here that the said Henry Hill do not remove the said Nase Butler out of this State, nor obstruct him from attending this Court from time to time in support of his Petition for Freedom, preferred to the Court here; and in the mean time to feed, cloath and use the said Nase 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 Henry Hill to answer unto the said Petition of the said Nase Butler; which issued accordingly, directed to   to the Sheriff of Saint Mary's County, in manner and form following towit. The State of Maryland Sct To the Sheriff of Saint Mary's County, Greeting, we command you that you summon Henry Hill of Saint Mary's 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 on the second Tuesday of May next to answer unto the Petition of Nase 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 Samuel Chase Esquire Chief Judge of our said Court the 29th day of December 1791.

Issued the 5th day of February 1792. (GD) Jno Gwinn Clk

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, and the day of the return of the aforegoing Summons, comes into the General Court here, the said Nase Butler by his attorney aforesaid; and the Sheriff of Saint Mary's County aforesaid, to whom the said Summons was in form aforesaid directed, makes return thereof to the Court here, thus endorsed towit. "Summoned. F. Hamersley Shff"

And the said Henry Hill being so forewarned, comes into the General Court here by Philip Barton Key his attorney: And the said Nase Butler by his attorney aforesaid files in Court here, the Deposition of John Butler; which is in form following towit.

Lydia Butler vs Nicholas Swingle

John Butler aged Seventy one years or thereabouts being duly Sworn on the Holy Evangely of Almighty God, deposeth & saith that he knows the Petitioner Lydia, now present, who is daughter of Betty, who obtained her Freedom on a Petition against Henry Hill which Betty was daughter of Phillis, daughter of Elizabeth commonly called Abijail who was daughter of Nel Butler. And he further saith that he well knows Anne Butler, Moses Butler and Frank Butler who have Petitioned against John De Butts of St. Mary's County, and well knows Henny the mother of the said three children & has known her ever since she could speak, she is the Daughter of Anne Butler, which said Anne and Henny are now present, and the said Anne, the Deponent always understood to be the Grand Daughter of Nel Butler. And the said Henny has Petitioned as he is informed against Henry Hill her present master. And he further saith, that he well knows Nase, Katy and Lymus the children of the aforesaid Henny, who have also Petitioned against the said Henry Hill, their present master.

Sworn 18th May 1792. Before Bullen

Whereupon, the said Henry Hill by his attorney aforesaid, saith, that he cannot deny the complaint aforesaid of the said Nase Butler, the Petitioner aforesaid, so as aforesaid made, nor but that the said Nase Butler, the Petitioner aforesaid, is entitled to his Freedom, being the son of Henny Butler, daughter of Anne Butler, who was daughter of Jane Butler, who was daughter of Eleanor Butler a Free Irish woman, in manner and form as the said Nase Butler by his said Petition to the Court here preferred against him the said Henry Hill, above hath alleged; and thereupon, the said Nase Butler by his attorney aforesaid, prays that he may be dismissed and discharged from the service of the said Henry Hill, together with his costs and charges by him about the prosecution of his said Petition, to be adjudged, andsoforth. Therefore it is considered by the Court here, that the said Nase Butler, the Petitioner aforesaid, recover of and against the said Henry Hill, his Freedom, and that he be hence freed and discharged of and from the service of the said Henry Hill, and that he the said Nase Butler, the Petitioner aforesaid, go freed and discharged thereof without day, andsoforth. And it is further considered by the Court here, that the said Nase Butler the Petitioner aforesaid, recover against the said Henry Hill, the quantity of Five hundred and eighty four pounds of tobacco by the Court here, unto the said Nase Butler, on his assent adjudged, for his costs and charges by him about the prosecution of his said Petition in this behalf laid out and expended, and that he have thereof his Execution, andsoforth

Test. John Gwinn Clk.