Eleanor Butler v. Nicholas Peers. Judgment Record

 

Eleanor Butler
against
Nicholas Peers.

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; Eleanor Butler by Henry Ridgely her attorney, preferred and filed in the General Court here her Petition for Freedom against Nicholas Peers, which is in form following towit. To the Honorable the Judges of the General Court. The Petition of Eleanor Butler humbly sheweth, that she is held as a Slave by Nicholas Peers of Charles County, altho' she is entitled to her Freedom, being descended from a Free white woman, whose name was Eleanor Butler; your Petitioner is the Daughter of Sarah Butler, who was the Daughter of Eleanor Butler, who was   the Daughter of Sarah Butler, who was the Daughter of Eleanor Butler the Free white woman aforesaid. She therefore prays your honors to take her case into consideration, and discharge her from the custody of the said Nicholas Peers, and that Summonses may issue for her witnesses, andsoforth. H. Ridgely for Petitioner. Thereupon, on motion of the said Eleanor Butler by her attorney aforesaid, it is ruled and ordered by the Court here, that the said Nicholas Peers do not remove the said Eleanor 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 Eleanor Butler, well; It is further ruled and ordered by the Court here that the writ of the State of Maryland and Summons issue forth out of the General Court here against the said Nicholas Peers to answer unto the said Petition of the said Eleanor Butler; which said Summons issued accordingly, 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 Nicholas Peers late of Charles County, Merchant 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 Eleanor 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 Novr Anno domini 1790. Issued the 7th day of December 1790. (H. Ridgely). 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 Eleanor Butler 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, towit. "Summoned. Thos A. Dyson, Sheriff." And the said Nicholas Peers being so forewarned, comes into the General Court here   here by William Craik his attorney; And 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, and soforth.

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 Eleanor Butler by his attorney aforesaid, as the said Nicholas Peers 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, 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, come again into the General Court here, as well the said Eleanor Butler by her attorney aforesaid, as the said Nicholas Peers by his attorney aforesaid: And the said Eleanor Butler by her attorney aforesaid, files in Court here the Deposition of Joe Butler, which is in the words and of the tenor following, towit:

Sarah Butler vs Henry Southoron

Joe Butler aged about 52 being sworn deposeth and saith that he knows Sarah the petitioner and that she is the sister of Charles who was set free by the Court on a Petition against William Bond, and that Nell who has petitioned against Nicholas Peers, is the Daughter of Sarah the Petitioner, and that the Deponent always knew them. Sworn before me this     day of       J. Bullen.

Whereupon, the said Nicholas Peers by his attorney aforesaid saith that he cannot deny the complaint aforesaid of the said Eleanor Butler, the petitioner aforesaid, so as aforesaid made, nor but that the said Eleanor Butler, the petitioner aforesaid, is entitled to her Freedom, being descended from a Free white woman whose name was Eleanor Butler, in manner and form as the said Eleanor Butler by her said Petition in the Court here preferred against him the said Nicholas Peers, above hath alleged; and thereupon, the said Eleanor Butler by her attorney aforesaid, prays that she may be dismissed and discharged from the service of the said Nicholas Peers, together with her costs and charges by her about the prosecution of her said   Petition, to her to be adjudged, andsoforth. Therefore it is considered by the Court here, that the said Eleanor Butler, the Petitioner aforesaid recover of and against the said Nicholas Peers, her Freedom, and that she be hence freed and discharged of and from the service of the said Nicholas Peers, and that she the said Eleanor 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 Eleanor Butler, the petitioner aforesaid, recover against the said Nicholas Peers, the quantity of Six hundred and ten pounds of tobacco by the Court here, unto the said Eleanor Butler, on her assent adjudged, for her costs and charges by her about the prosecution of her said Petition, in this behalf laid out and expended, and that she have thereof her Execution, andsoforth.

Test. John Gwinn Clerk.