Anne Butler v. John Lucas. Judgment Record

 

Anne Butler
against
John Lucas

Be it remembered that at this Term, to wit, the 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; Anne Butler by Gabriel Duvall her attorney prefers and files in the General Court here, her Petition for freedom against John Lucas, which is in form following to wit. To the Honourable the Judges of the General Court. The Petition of Anne Butler humbly sheweth, that she is held in slavery by the Reverend John Lucas of St Marys County, and she is advised that she is entitled to her freedom, being descended in the female line from a free white woman; she therefore prays your honours, that premises being considered, to discharge her from the custody of the said Reverend John Lucas, and that summons may issue for the said Reverend John Lucas to answer unto this Petition, and she will pray and soforth.

G. Duvall for Petitioner

Whereupon, the said Anne 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 John Lucas, directed to the Sheriff of Saint Marys County in form following to wit. The State of Maryland Sst To the Sheriff of Saint Marys County, Greeting: We command you that you summon John Lucas late of Saint Marys County that all excuses and delays set a side he be and appear immediately before the Judges of the General Court to be held at the City of Annapolis to answer the Petition of Anne Butler preferred against him for freedom Hereof 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 9th day of October Anno Domini seventeen hundred and ninety two.

Issued the 12th day of October 1792. (G. Duvall.) Jno Gwinn Ck.

And the Sheriff of Saint Marys County aforesaid to whom the said summons was in form aforesaid directed, makes return thereof to the Court here thus endorsed to wit. "Summoned. F Hamersley Shff"

Nevertheless, the said John Lucas, comes not into the General Court Whereupon, on motion of the said Anne 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 John Lucas, to answer unto the State of Maryland for a contempt of the Court here in not appearing to answer the Petition of the said Anne Butler preferred against him the said   John Lucas for Freedom which said attachment Issued accordingly, directed to the Sheriff of Saint Marys County in the form following towit: State of Maryland to wit; To the Sheriff of Saint Marys County. Greeting. We command you that you attach John Lucas and him safe keep so that you have his body 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 Anne Butler 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 Honourable Samuel Chase Esquire Chief Judge of our said Court the 19th day of November Anno Domini 1792.

(L.M., G.D.)

Issued the 22d day of December Anno Domini 1792. Jno Gwinn Clk.

And thereupon, the same day is given to the said Anne Butler then and soforth.

And now at this day to wit, 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 aforegoing attachment, comes again into the General Court here, the said Anne Butler by her attorney aforesaid; and the Sheriff of Saint Marys County aforesaid, to whom the said attachment was inform aforesaid directed, make return thereof to the Court here thus endorsed towit.

"Attached. F. Hamersley Shff."

Whereupon, comes into the General Court here, the said John Lucas in his proper person, and saith, that he cannot deny the complaint aforesaid of the said Anne Butler the Petitioner aforesaid, so as aforesaid made, nor but that the said Anne Butler the Petitioner aforesaid, is entitled to her freedom being descended in the female line from a free white woman, in manner and form as the said Anne Butler by her said Petition to the Court here preferred against him the said John Lucas above hath alleged; and there upon the said Anne Butler by her said attorney, prays that she may be dismissed and discharged from the service of the said John Lucas 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 Anne Butler the Petitioner aforesaid, recover of and against the said John Lucas her freedom, and that she be hence freed and discharged of and from the service of the said John Lucas and that she the said Anne Butler the Petitioner aforesaid, go freed and discharged thereof without day &c and it is further considered by the Court here, that the said Anne Butler the Petitioner aforesaid, recover against the said John Lucas the quantity of five hundred and eighty one pounds of Tobacco, by the Court here unto the said Anne Butler on her assent adjudged, for the 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 &c

Test. John Gwinn Clk.