Sarah Butler v. Henry Carrico. Judgment Record
Be it remembered that heretofore towit, on the senth day of March in the year of our Lord one thousand seven hundred and ninety two; Sarah Butler by Gabriel Duvall her attorney, preferred and filed in the General Court here, her Petition for Freedom against Henry Carrico, which is in form following towit. To the honourable The Judges of the General Court. The Petition of Sarah Butler humbly sheweth that your petitioner is held as a slave by Henry Carrico of Charles County, and she is advised she is entitled to her freedom being descended in the female line from Eleanor Butler a free white woman. She therefore prays, that the premises being considered and the facts proved, your Honours will discharge her from the further Custody of the said Henry Carico. And she as in duty bound will pray and soforth.
G. Duvall for Pet.
Whereupon, the said Sarah Butler by her attorney aforesaid, prosecuted and sued forth out of the General Court here, the writ of the state of Maryland of summons against the said Henry Carrico, directed to the Sheriff of Charles County, in form following to wit.
The State of Maryland to wit, To the Sheriff of Charles County, Greeting. We We Command you that you summons Henry Carrico late of Charles County that all delays and excuses be 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 Petitioner of Sarah Butler prefered 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 Honourable Samuel Chase Esquire Chief Judge of our said Court the 14th day of February Anno Domini 1792.
Issued the 7th day of March Anno Domini 1792. (G. D.) Jno Gwinn Clk
At which 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 Sarah 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. James Simms Sheriff of Charles County."
Nevertheless, the said Henry Carrico, comes not into the General Court. Whereupon, on motion of the said Sarah Butler by her attorney aforesaid it is ruled and ordered by the Court here that the writ of the State of Maryland of Attachment issue forth out of the General Court here against the said Henry Carrico, to answer unto the State of Maryland, for a contempt of the Court here in not appearing to answer the Petition of the said Sarah Butler preferred against him the said Henry Carrico, for Freedom: which said attachment issued accordingly, directed to the Sheriff of Charles County in form following to wit. The State of Maryland Sc. To the Sheriff of Charles County, Greeting. We command you that you attach the body of Henry Carrico late of Charles County and him have before the Judges of our General Court to be held at the City of Annapolis on the second tuesday of October next to answer unto us touching a certain contempt by him committed in not appearing to answer the petition of Sarah Butler in our said Court preferred against him for freedom after being thereto legally summoned hereof 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 31st day of May Anno Domini 1792.
Issued the 19th day of June 1792. (L. Martin.) John Gwinn Clk.
And thereupon, the same day is given to the said Sarah Butler, then and soforth.
At which said second Tuesday of October being the ninth 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 attachment, comes again into the General Court here, the said Sarah Butler by her attorney aforesaid; and the Sheriff of Charles County to whom the said attachment was in form aforesaid directed makes return thereof to the Court here thus thus endorsed to wit. "Not attached. James Simmes Sheriff."
And the said Henry Carrico does not come. Whereupon, on motion of the said Sarah Butler by her attorney aforesaid, it is ruled and ordered by the Court here that the writ of the State of Maryland of Attachment again issue forth out of the General Court here against the said Henry Carrico, to answer unto the State of Maryland, for a contempt of the Court here in not appearing to answer the Petition of the said Sarah Butler preferred against him the said Henry Carrico, for Freedom: which said attachment issued accordingly, directed to the Sheriff of Charles County in form following to wit. The State of Maryland Sct To the Sheriff of Charles County, Greeting. We command you that you attach the body of Henry Carrico late of Charles County and him have 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 us touching a certain contempt by him committed in not appearing to answer the Petition of Sarah Butler in our said Court preferred against him for freedom after being thereto legally summoned hereof fail not at your Peril and have you then and there this writ. Witness the honorable Samuel Chase Esquire Chief Judge of our Court the 19th day of November Anno Domini 1792.
Issued the 28th day of December 1792. (GD.) Gno Gwinn Clk.
And now at this day towit, the said second Tuesday of May being the fourteenth day of the said Month in the year of our Lord one thousand seven hundred and ninety three, and the day of the return of the last aforegoing attachment comes again into the General Court here, the said Sarah Butler by her Attorney aforesaid: And the Sheriff of Charles County aforesaid, to whom the said attachment was inform aforesaid directed, make return thereof to the Court here thus endorsed towit. "Attached. James Simmes Sheriff."
Whereupon, comes into the General Court here the said Henry Carrico in his proper person, and saith, he cannot deny the complaint aforesaid of the said Sarah Butler the Petitioner aforesaid, so as aforesaid made, nor but that the said Sarah Butler the Petitioner aforesaid, is entitled to her freedom being descended in the female line from Eleanor Butler a Free white woman, in the manner and form as the said Sarah Butler by her Petition to the Court here preferred against him the said Henry Carrico above hath alleged. And thereupon the said Sarah Butler by her attorney, prays that she may be dismissed and discharged from the service of the said Henry Carrico, together with her costs and charges by her about the prosecution of her said Petition, to her to be adjudged, &c Therefore it is considered by the Court here, that the said Sarah Butler the Petitioner aforesaid, recover of and against the said Henry Carrico her freedom, and that she be hence freed and discharged of and from the service of the said Henry Carrico and that her the said Sarah Butler the Petitioner aforesaid, go freed and and discharged thereof without delay &c and it is further considered by the Court here, that the said Sarah Butler the Petitioner aforesaid, recover against the said Henry Carrico the sum of five hundred and ninety one pounds of Tobacco by the Court here unto the said Sarah Butler on his assent adjudged, for her costs and charges by her about the prosecution of her Petitioner in this behalf laid out and expended, and that she have thereof her execution &c
Test. John Gwinn Clk