Abraham Butler v. Elizabeth Ridgate. Judgment Record
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; Abraham Butler by Gabriel Duvall his attorney, preferred and filed in the the General Court here, his Petition for Freedom against Elizabeth Ridgate administratrix of the Testament and last Will of Thomas How Ridgate, which is in form following towit: To the Honorable the Judges of the General Court. The Petition of Abraham Butler, humbly sheweth, that he is held in Slavery by Elizabeth Ridgate of Charles County, administratrix of the Testament and last will of Thomas How Ridgate, when he is entitled to his Freedom, being a Son of Monica Butler who was the Daughter of Jenny Butler, who was the Daughter of Eleanor Butler a Free white person. He therefore prays your honors to grant him a Summons against the said Elizabeth Ridgate, administratrix as aforesaid returnable immediately, commanding her to be and appear in this Honorable Court & answer the premises, and to fulfil such order and Judgment as may be made herein. And he as in duty bound will pray &ca G. Duvall, for Petr.
Thereupon, on motion of the said Abraham Butler by his attorney aforesaid, it is ruled and ordered by the Court here, that the said Elizabeth Ridgate administratrix as aforesaid, do not remove the said Abraham 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, clothe, and use the said Abraham 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 Elizabeth Ridgate administratrix as aforesaid, to answer unto the said Petition of the said Abraham Butler; which said Summons issues accordingly, 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 Elizabeth Ridgate administratrix of the Testament and last will of Thomas How Ridgate, of Charles County, that all excuses and delays set aside she be and appear before the Judges of our General Court now sitting at the city of Annapolis, immediately, to answer the Petition of Abraham 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 Eleventh day of May in the year of our Lord 1790. Issued the [] of May 1790. (G. Duvall) Jno Gwinn Clk.
And the Sheriff of Charles County aforesaid, to whom the aforegoing Summons was in form aforesaid, directed, makes return thereof to the Court here. thus endorsed towit; "Summoned. Thos A. Dyson, Shff." And the said Elizabeth Ridgate administratrix as aforesaid, being so forewarned, comes into the General Court here by Philip Barton Key here 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, and soforth.
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 Abraham Butler by his attorney aforesaid, as the said Elizabeth Ridgate administratrix as aforesaid 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 parties aforesaid, then, andsoforth.
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 Abraham Butler by his attorney aforesaid, as the said Elizabeth Ridgate administratrix as aforesaid 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 October next; the same day is given to the parties aforesaid, 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 Abraham Butler by his attorney aforesaid, as the said Elizabeth Ridgate administratrix as aforesaid 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 parties aforesaid, then, andsoforth.
And 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 Abraham Butler by his attorney aforesaid, as the said Elizabeth Ridgate administratrix as aforesaid by her attorney aforesaid: And the said Abraham Butler by his attorney aforesaid files in Court here, the Deposition of Elizabeth Butler, which is in form following towit:
Abraham Butler
vs
Elizabeth Ridgate
Peto for Freedom. Elizabeth Butler aged about Sixty Seven years being Sworn on the Holy Evangely of Almighty God, deposeth & saith, that she has known Abraham, the petitioner many years and she thinks he was not above seven years old when she first knew him; he is the son of Monica, whom this Deponent well knew; and she was the Daughter of Jenny, whom this Deponent has seen and can remember her; which Jenny was the reputed Daughter of old Irish Nell. This Deponent further saith, that she knows Bridget, the petitioner against Capt Mitchell, & has known her ever since she was about seven years old; She is Daughter of Chloe who has obtained her Freedom on a Petition against Nicholas Lewis Sewall; and this Deponent well knows Fanny who petitions against Rinaldo Johnson; and Mary a petitioner against the same person; and Henny a petitioner against Thomas Clagett, they are all the Daughters of the aforesaid Chloe, who is the Daughter of this Deponent, and the Deponent was present at the birth of the said Henny, Fanny and Mary & has known them ever since. Sworn to this 30th day of December 1791 before the Subscriber one of the Justices of Anne Arundel County. Allen Quynn.
Whereupon, all and Singular the premises aforesaid, 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 Abraham Butler, the petitioner aforesaid, is entitled to his Freedom, being a son of Monica Butler, who was the Daughter of Jenny Butler, who was the Daughter of Eleanor Butler, a Free white person, as he by his said Petition to the Court here, hath alleged; Therefore it is considered by the Court here, that the said Abraham Butler, the petitioner aforesaid, be Free and discharged of and from the service of the said Elizabeth Ridgate administratrix as aforesaid, and that he the said Abraham Butler, the Petitioner aforesaid, go thereof without day, and soforth. And it is further considered by the Court here, that the said Abraham Butler, the Petitioner aforesaid, recover against the said Elizabeth Ridgate administratrix as aforesaid, the quantity of Six hundred and fifty eight pounds of tobacco, by the Court here unto him the said Abraham 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, andsoforth. Memorandum, the Court are of opinion that the Defendant had probably cause of defence, it is therefore ordered that the costs of this suit be allowed her in the settlement of her account of the administration on her Husbands Estate. Test. John Gwinn Clerk.