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<title>John Boston v. John Francis Mercer. Judgement Record</title>
<principal n="Thomas, William G., 1964-" xml:id="wgt">William G. Thomas III</principal>
<respStmt>
<resp>transcription and encoding</resp>
<name n="Nash, Kaci L." xml:id="kln">Kaci L. Nash</name>
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<sponsor>University of Nebraska-Lincoln</sponsor>
<sponsor>University of Maryland</sponsor>
<sponsor>National Endowment for the Humanities</sponsor>
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<date>2019</date>
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<publisher>University of Nebraska-Lincoln</publisher>
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<addrLine>319 Love Library</addrLine>
<addrLine>University of Nebraska–Lincoln</addrLine>
<addrLine>Lincoln, NE 68588-4100</addrLine>
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<idno type="case">oscys.caseid.0558</idno>

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<p>Licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Derivatives must be credited to O Say Can You See, made available non-commercially, and distributed under the same terms. Requests for permission for commercial publication or other use should be emailed to the project team.</p>
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<bibl>
<title level="m" type="main">Judgment Record</title>
<date when="1795-10">October 1795</date>
<note type="project">Our transcription is based on a digital image of the original.</note>
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<term>Judgment Record</term>
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<keywords scheme="original" n="type">
<term>Civil</term>
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<keywords scheme="original" n="subtype">
<term>Petition for Freedom</term>
</keywords>

<keywords scheme="original" n="term">
<term><date when="1795-10">October 1795</date></term>
</keywords>

<keywords scheme="lcsh" n="people">
<term xml:id="per.006833">Boston, Anne</term><!-- child of Jenny; sibling of Fanny, Henny, Bet, Daniel -->
<term xml:id="per.0066711">Boston, Anthony</term><!-- v. G. Rawlings -->
<term xml:id="per.006834">Boston, Benjamin</term><!-- Ben; v. Richard Sprigg; sibling of John, Jenny, Phil, Maria; child of Nelly -->
<term xml:id="per.006835">Boston, Bet</term><!-- child of Jenny; sibling of Fanny, Henny, Anne, Daniel -->
<term xml:id="per.006836">Boston, Daniel</term><!-- child of Jenny; sibling of Fanny, Henny, Anne, Bet -->
<term xml:id="per.006808">Boston, Darkey</term><!-- parent of Peter; child of Violet; sister of Anthony; parent of Richard -->
<term xml:id="per.006837">Boston, Deborah</term><!-- child of Minta -->
<term xml:id="per.006838">Boston, Dinah</term><!-- sibling of Guy; parent of Peter and John; child of Hannah -->
<term xml:id="per.006839">Boston, Fanny</term><!-- child of Jenny; sibling of Henny, Anne, Bet, Daniel -->
<term xml:id="per.006840">Boston, George</term><!-- enslaved by James Murray; child of Tamar -->
<term xml:id="per.006841">Boston, Guy</term><!-- v. Richard Richardson; sibling of Dinah and Minta -->
<term xml:id="per.006842">Boston, Hannah</term><!-- child of Sarah; parent of Dinah -->
<term xml:id="per.006843">Boston, Henny</term><!-- Henry?; child of Jenny; sibling of Fanny, Anne, Bet, Daniel -->
<term xml:id="per.006844">Boston, Jenny</term><!-- enslaved by John Francis Mercer; sibling of John, Jenny, Phil, Maria; child of Nelly; parent of Fanny, Henny, Anne, Bet, Daniel -->
<term xml:id="per.006845">Boston, John</term><!-- sibling of Peter; child of Dinah; enslaved by Richard Richardson -->
<term xml:id="per.006715">Boston, Lenah</term><!-- family of John Boston; parent of Sarah -->
<term xml:id="per.006846">Boston, Maria</term><!-- v. Richard Sprigg; sibling of John, Jenny, Phil, Ben; child of Nelly -->
<term xml:id="per.006725">Boston, Maria</term><!-- parent of Nelly; child of Lenah; enslaved by William Richardson and Daniel Richardson -->
<term xml:id="per.006847">Boston, Minta</term><!-- sibling of Guy; parent of Deborah; -->
<term xml:id="per.006848">Boston, Nelly</term><!-- enslaved by Thomas Sprigg; parent of John, Jenny, Phil, Ben, and Maria; child of Maria -->
<term xml:id="per.006849">Boston, Peter</term><!-- sibling of John; child of Dinah; enslaved by Richard Richardson -->
<term xml:id="per.006810">Boston, Peter</term><!-- enslaved by Stephen Steward; child of Darkey -->
<term xml:id="per.006850">Boston, Philip</term><!-- Phil; v. Richard Sprigg; sibling of John, Jenny, Ben, Maria; child of Nelly -->
<term xml:id="per.006812">Boston, Richard</term><!-- v. Joshua Warfield; child of Darkey -->
<term xml:id="per.006728">Boston, Sarah</term><!-- parent of Hannah; child of Lenah --> 
<term xml:id="per.006823">Boston, Tamar</term><!-- parent of George; v. Benjamin Ogle -->
<term xml:id="per.006717">Boston, Violet</term><!-- parent of Darkey -->
<term xml:id="per.006731">Brown, Anne</term><!-- deponent;  acquaintance of Jenny, John (both of them), Ben, Phil, Maria, Maria, Lenah, Guy, Dinah, Minta, Tamar, Peter; lived with Richard Richardson -->
<term xml:id="per.004601">Bullen, J.</term>
<term xml:id="per.001514">Chase, Samuel, 1741-1811</term>
<term xml:id="per.001496">Cooke, William</term>
<term xml:id="per.006741">Disney, James</term>
<term xml:id="per.006744">Ferrara, Andrew</term><!-- alt: Fenara; born in New Spain -->
<term xml:id="per.004367">Goldsmith, William</term>
<term xml:id="per.001493">Gwinn, John</term>
<term xml:id="per.006760">Jones, Anne</term>
<term xml:id="per.006851">Murray, James</term><!-- slaveholder of George -->
<term xml:id="per.006817">Ogle, Benjamin</term>
<term xml:id="per.006712">Rawlings, Gassaway</term>
<term xml:id="per.006777">Richardson, Daniel</term><!-- slaveholder of Maria -->
<term xml:id="per.006778">Richardson, Richard</term><!-- slaveholder of Guy, Peter, John -->
<term xml:id="per.006779">Richardson, William</term><!-- slaveholder of Maria -->
<term xml:id="per.006781">Sellman, Jonathan, Jr.</term><!-- deponent; AAC; acquaintance of Andrew Fenara -->
<term xml:id="per.006829">Sprigg, Richard</term><!-- child of Thomas Sprigg -->
<term xml:id="per.006785">Sprigg, Thomas</term><!-- parent of Richard Sprigg; died before Oct 17 1795 -->
<term xml:id="per.006813">Steward, Stephen</term><!-- slaveholder of Peter -->
<term xml:id="per.006814">Warfield, Joshua</term><!-- slaveholder of Richard -->
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<term>Anne Arundel County (Md.)</term>
<term>Annapolis (Md.)</term>
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<term>Judgment for Petitioner</term>
<term>Appealed by Defendant</term>
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<person role="petitioner" xml:id="per.006831">
<persName>Boston, John</persName><!-- sibling of Ben, Jenny, Phil, Maria; child of Nelly -->
</person>
<person role="defendant" xml:id="per.006832">
<persName>Mercer, John Francis</persName>
</person>
<person role="attorney_petitioner" xml:id="per.006805">
<persName>Jenings, George</persName>
</person>
<person role="attorney_petitioner" xml:id="per.004360">
<persName>Pinkney, William</persName>
</person>
<person role="attorney_petitioner" xml:id="per.001393">
<persName>Duvall, Gabriel, 1752-1844</persName>
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<persName/>
</person>
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<div1 type="case">

<pb n="oscys.mdcase.0013.017.001"/>

<div2 type="caption">

<p>John Boston<lb/>
against<lb/>
John Francis Mercer</p>

</div2>

<div2 type="body">

<p>Be it remembered, that heretofore towit,
on the first day of November in the
year of our Lord one thousand seven
hundred and ninety one, John Boston
by George Jenings his attorney preferred and filed in the General
Court here his petition for Freedom against John Francis Mercer
which is in form following to wit.</p>

<p>To the honourable the Judges of the General Court The Petition of
John Boston, Humbly sheweth that your Petitioner is held in
Slavery by a certain John F. Mercer when he is entitled to Freedom
being descended from a free yellow woman, being one of the <sic>Portugues</sic>
whose name as your petitioner is informed was Lenar Boston; your
Petitioner therefore prays your honours to take his case into consideration
and discharge him from the service of the said John F. Mercer
and your petitioner as in duty bound will pray &amp;ca</p>

<p>Geo. Jenings for Petitioner</p>

<p>Whereupon, in pursuance of the Rule and order of the Court
here in such case made, on the twenty first day of November in
the year of our Lord one thousand seven hundred and ninety one
the said John Boston by his attorney aforesaid, prosecuted and sued
forth out of the General Court here, the writ of the State of Maryland
of Subpoena ad respondendum against the said John Francis Mercer
directed to the sheriff of Anne Arundel County in form following to wit.</p>

<p>The State of Maryland to wit, To the sheriff of Ann Arundel County
Greeting. We command you that you summons John F. Mercer late
of Ann Arundel 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 petition of John Boston 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 1st day of November Anno Domini 1791.</p>

<p>Issued the 21st day of November Anno Domini 1791.</p>

<p>Jno Gwinn Clk.</p>

<p>G. Jgs.</p>

<gap extent="unknown" reason="incomplete image"/>

<pb n="oscys.mdcase.0013.017.002"/>

<p>aforegoing Summons comes into the General Court here, the said
John Boston by his attorney aforesaid; and the sheriff of Anne
Arundel County aforesaid to whom the said summons was
in form aforesaid directed makes return thereof to the court
here thus Endorsed, to wit. Summoned Wm Goldsmith Shff.</p>

<p>Whereupon comes into the General Court here, the said John
Francis Mercer by William Cooke 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.</p>

<p>At which said second Tuesday of October being the ninth
day of the same 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 John Boston by his attorney aforesaid, as the said
John F. Mercer by his attorney aforesaid; Thereupon, further
process of and upon the premises, between the parties aforesaid
by order of the Court here is further continued untill the second
Tuesday of May next; the same day is given to the parties aforesaid
then and so forth.</p>

<p>At which 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, come again into the General
Court here as well the said John Boston by George Jenings,
William Pinkney and Gabriel Duvall his attornies aforesaid
as the said John F. Mercer 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 October next; the same day is given
to the parties aforesaid, then and so forth.</p>

<p>At which said second Tuesday of October being the Eighth
day of the said Month in the year of our Lord one thousand
seven hundred and ninety three, come again into the General
Court here as well the said John Boston by his attornies aforesaid
as the said John F. Mercer by his attorney aforesaid. Whereupon
the parties aforesaid by their attornies aforesaid agree that
all the Testimony taken in the case of Anthony Boston against
Gassaway Rawlings be received as Evidence in this case and
<catchwords>the</catchwords>

<pb n="oscys.mdcase.0013.017.003"/>

the said John Boston by his attornies aforesaid, files in Court here,
the Depositions of Ann Brown which are in form following to wit.</p>

<p>Anne Brown aged about sixty years being sworn on the holy 
Evangely of Almighty God deposeth and saith, that she knows John
Boston and Jenny Boston who petitioned for their freedom against
John Francis Mercer and has known them ever since they were born
having lived close to them in the neighbourhood at the time, they
are brother and sister of Ben, Phil and Maria who petitioned
against Richard Sprigg, and son and daughter of Nelly who
belonged to Thomas Sprigg deceased; Nelly was daughter of Maria
who lived with William Richardson and after his death with Daniel
Richardson she also knew Maria well and always understood
she was daughter of old Lenah whom this deponent knew when
she lived with Madam Jones and she further saith that Fanny,
Henny, Anne, Bet, and Daniel are children of Jenny.</p>

<p>Sworn to this &#160;&#160; day of &#160;&#160; 1793 J Bullen.</p>

<p>Anne Brown aged about sixty years being sworn on the holy
Evangely of Almighty God deposeth and saith that she knows Maria
Boston, Benjamin Boston, and Philip Boston who petitioned for their
freedom against Richard Sprigg and she has known them all ever
Since they were born having lived close to them in thee Neighbourhood
when they were born; they are the sons and daughters of Nelly who
belonged to Thomas Sprigg father of the defendant, when they were
born and she knew Nelly well she was some thing older then the
deponent, and the deponents first child and Nellys firsts child
were nearly of an age; Nelly was the daughter of Maria Boston who
belonged to William Richardson and afterwards to Daniel Richardson
and the said Maria was always reputed to be the daughter of old
Lenah Boston who belonged to Madam Jones; she knew the said
Maria well and she used to call Lenah, Mother, and Linah used
to come to see her and acknowledged her as her daughter, and
she never heard it denied or contradicted.</p>

<p>Sworn to this &#160;&#160; day of &#160;&#160; 1793. J Bullen.</p>

<p>Ann Brown aged about sixty years being sworn on the 
holy Evangely of Almighty God deposeth and saith, that she
well knows Guy the petitioner now present, against Richard
Richardson, having lived in Richard Richardson's family,

<gap extent="unknown" reason="incomplete image"/>

<pb n="oscys.mdcase.0013.017.004"/>

Deponent has known ever since she knew herself and she always
understood that the said Hannah was daughter of Sarah
Boston, whom this deponent did not know, but has always
understood she was daughter of Old Lenah who lived with
Madam Jones and she never heard it denied or contradicted
That Peter and John are sons of Dinah Boston sister of the
aforesaid Guy; and Deborah is daughter of Minta also sister
of Guy; that Dinah and Minta are both dead and this
deponent knew them both well.</p>

<p>Sworn to this &#160;&#160; day of October 1793. J Bullen.</p>

<p>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 and soforth.</p>

<p>At Which said second tuesday of May being the thirteenth
day of the same month in the year of our Lord one thousand
seven hundred and ninety four, come again into the General
Court here as well the said John Boston by his attornies
aforesaid, as the said John Francis Mercer by his attorney
aforesaid; Whereupon, the parties aforesaid by their attornies
aforesaid file in Court here an agreement in form following towit</p>

<p>Benjamin Boston<lb/>
against<lb/>
Richard Sprigg</p>

<p>Petition for Freedom in the General Court.</p>

<p>It is agreed that this cause and the other
petitions from the same family against the
defendant and others be continued untill
next Term, and that depositions taken in Annapolis in the
presence of the Counsel on both sides, or on notice to the opposite
Counsel be read as Evidence; and that the petitioners in the
mean time have liberty to hire themselves and receive the
money to their own use</p>

<p>G. Duvall for Petr<lb/>
W. Cooke p Defdt</p>

<p>Whereupon 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
and so forth.</p>

<p>At which said second Tuesday of October being the fourteenth
day of the said month, in the year of our Lord one thousand
<catchwords>seven</catchwords>

<pb n="oscys.mdcase.0013.017.005"/>

seven hundred and ninety four, come again into the General Court
here as well the said John Boston by his attorneys aforesaid as the said
John Francis Mercer 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
and so forth.</p>

<p>At which said second Tuesday of May being the twelfth day of 
the said month in the year of our Lord one thousand seven hundred
and ninety five, come again into thee General Court here as well the said
John Boston by his attornies aforesaid, as the said John Francis Mercer
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 untill the second Tuesday of October next;
the same day is given to the parties aforesaid, then and so forth.</p>

<p>And now at this day to wit, the said second Tuesday of October
being the thirteenth day of the said month in the year of our Lord
one thousand seven hundred and ninety five, come again into the
General Court here as well the said John Boston by his attornies
aforesaid, as the said John Frances Mercer by his attorney aforesaid;
And the said John Boston by his attornies aforesaid file in court here
the depositions in form following to wit.</p>

<p>John Boston<lb/>
vs<lb/>
John F. Mercer</p>

<p>Anne Brown aged about sixty three years being
Sworn on the holy evangely of Almighty God
deposeth and saith, that she knows John Boston
now present who belongs to Col. Mercer and she
has known him ever since he was born in the family of Thomas
Sprigg deceased; he is son of Nelly Boston and brother of Benjamin
and Philip who petitioned against Richard Sprigg; that Jenny
Boston who petitioned against Col Mercer is sister of John and Maria
is also sister of John; that Fanny, Henry, and Anne are Children of
Jenny all of whom this deponent knows. That Peter who petitioned
against Stephen Steward is son of Darkey who was daughter of Violet
and Sister of Anthony Boston who petitioned against Gassaway
Rawlings and obtained his Freedom. That George Boston who
petitioned against James Murray is son of Tamar who obtained
her freedom against Benjamin Ogle and whom this deponent well
knew. That she well knows Peter and John who have petitioned
<catchwords>against</catchwords>

<pb n="oscys.mdcase.0013.017.006"/>

against Richard Richardson they are the sons of Dinah now deceased
who was daughter of Hannah, who was daughter of Sarah who
was daughter of Lenah Boston all of whom this deponent well knew
That Deborah who has petitioned against Richard Richardson is
daughter of Minta who is now dead; Minta was daughter of
Hannah Boston, who was daughter of Sarah aforesaid the
daughter of Lenah. That she knows Richard Boston who has
petitioned against Joshua Warfield he is son of Darkey who was 
daughter of Violet and Sister of Anthony who obtained his freedom
against Gassaway Rawlings. Sworn this 17th day of October 1795.
before J Bullen</p>

<p>Benjamin Boston<lb/>
vs<lb/>
Richard Sprigg</p>

<p>Petition for freedom in the General Court.</p>

<p>Jonathan Selman of Anne Arundel County
being duly sworn on the holy Evangely of
Almighty God in this Cause, and being asked
if he knew a certain Andrew Fenara who served as a Soldier
during the last war, answers he did; he was a Soldier under the
Command of the deponent upwards of three years; and after his
discharge was employed two or three years in the Capacity of a Servant
that the said Andrew Ferrara was a Spaniard as the deponent
always understood and he himself has told the deponent so often,
and he spoke the spanish language; also the French and Italian
that he has told the deponent he was born in New Spain, and
had been in old Spain. Done before James Disney this 19th
May 1794. Jona Sellman Junr</p>

<p>Whereupon all and singular the premises 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 John Boston the petitioner aforesaid
is entitled to his Freedom, being descended, from a Free
Yellow woman, as he by his petition to the court here have
alleged; Therefore it is considered by the court here, that the said
John Boston the petitioner aforesaid, be free and discharged
of and from the service of the aforesaid John Francis Mercer
and that he the said John Boston the petitioner aforesaid
go thereof without day, &amp;c. it is further considered by the
Court here, that the said John Boston the petitioner aforesaid
recover against the said John Francis Mercer the quantity of
<catchwords>Eleven</catchwords>

<pb n="oscys.mdcase.0013.017.007"/>

Eleven hundred and fifty seven pounds of tobacco by the court here
unto him the said John Boston 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, &amp;c.</p>

<p>And thereupon the said John Francis Mercer by his attorney
prays an Appeal from the Judgment aforesaid of the Court here so
as aforesaid rendered to the high court of Appeals of the state of
Maryland, and to him it is granted: It is therefore ordered by the 
Court here that the record of the proceedings aforesaid, in the plea
aforesaid with all things thereunto relating, be transmitted to the
said High Court of Appeals, and the same is transmitted
accordingly.</p>

<p>Test John Gwinn Clerk.</p>

</div2>

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