III. The Care of Dependent Children

During the first century of colonization English settlers, in contrast to the French and Spanish, established almost no institutions for dependent children. A few "workhouses" at which poor children could be instructed in spinning and weaving were projected, but the customary method was to utilize family settings for the care and nurture of needy children. Some children, including infants and those who were sick, crippled, or idiotic - that is, those who could not work -received relief in their own homes or were boarded out at the expense of the town or the parish. The usual method of providing for orphaned, destitute, or neglected children, however, was to bind or indenture them at as early an age as possible and on the best terms that could be arranged. The indenture obliged the children to serve during minority as servants or apprentices to persons willing to maintain them and to train them in husbandry, a trade, or domestic service.

Binding out poor children derived from English practice and law, notably sixteenth-century legislation intended to suppress vagrancy and mendicancy and the Poor Law of 1601. The system was well suited to the needs and ethos of a pioneer society in which life was hard and precarious, labor was scarce, and where even small children were expected and required to "make themselves useful. The acknowledged purpose of the system was to get the poor off the town or parish rolls. Binding out, whether of adults or children, was intended to relieve not only the needy but also the community of the cost of their support. Binding out was, in addition, a means of social control. It was a way of finding foster homes for orphans and illegitimate children; and it was used by magistrates to secure new family situations for children of parents who were deemed incompetent to provide suitable homes or who allowed their children to grow up in idleness and ignorance. Hence; in numerous instances, the sanctity of the family and the authority of the natural parent were subordinated to the welfare of the child and the good of the community. It is hard to read the documents without believing that these objectives were earnestly sought. It is also hard to read them without feeling that the desire or necessity for economy in providing for the poor sometimes overrode all other considerations.

1. Apprenticing poor children under Henry VIII, 1535

27 Henry VIII, 1535 - ch. 25, Great Britain, Statutes at Large, II, 229.

…Children under fourteen years of age, and above five, that live in idelness, and be taken begging, may be put to service by the governors of cities, towns, etc., to husbandry, or other crafts or labours. . .

2. The Elizabethan Poor Law, 1601

43 Elizabeth, 1601 - ch. 2, Great Britain, Statutes at Large, II, 685-686.

…The church-wardens of every parish, and four, three, or two substantial householders there, as shall be thought meet, having respect to the proportion and greatness of the same parish and parishes, to be nominated yearly in Easter week, or within one month after Easter, under the hand and seal of two or more justices of the peace in the same county…shall be called overseers of the poor of the same parish: and they, or the greater part of them, shall take order from time to time, by and with the consent of two or more such justices of peace…for setting to work the children of all such whose parents shall not by the said church-wardens and overseers, or the greater part of them, be thought able to keep and maintain their children…and also for the putting out of such children to be apprentices, to be gathered out of the same parish, according to the ability of the same parish….

And be it further enacted, That it shall be lawful for the said church-wardens and overseers, or the greater part of them, by the assent of any two justices of the peace…to bind any such children…to be apprentices, where they shall see convenient, till such man-child shall come to the age of four and twenty years, and such woman-child to the age of one and twenty years, or the time of her marriage; the same to be as effectual to all purposes, as if such child were of full age, and by indenture of covenant bound him or her self…

1. The workhouse at James City, 1646

Va. Statutes at Large, I (New York, 1823),336-337.

Whereas sundry laws and statutes by Act of Parliament established have, with great wisdom ordained, for the better educating of youth in honest and profitable trades and manufactures, as also to avoid sloth and idleness where-with such young children are easily corrupted, as also for relief of such parents whose poverty extends not to give them breeding; that the justices of the peace should, at their discretion, bind out children to tradesmen or husbandmen to be brought up in some good and lawful calling. And whereas God Almighty, among many his other blessings, hath vouchsafed increase of children to this colony, who now are multiplied to a considerable number, who if instructed in good and lawful trades may much improve the honor and reputation of the country and no less their own good and their parents' comfort, but, forasmuch as for the most part the parents, either through fond indulgence or perverse obstinacy, are most averse and unwilling to part with their children: Be it therefore enacted by authority of this Grand Assembly, according to the aforesaid laudable custom in the kingdom of England, that the commissioners of the several counties respectively do, at their discretion, make choice of two children in each county of the age of eight or seven years at the least, either male or female, which are to be sent up to James City between this and June next to be employed in the public flax houses under such master and mistress as shall be there appointed, in carding, knitting, and spinning, etc. And that the said children be furnished from the said county with six barrels of corn, two coverlets or one rug and one blanket, one bed, one wooden bowl or tray, two pewter spoons, a sow shoat of six months old, two laying hens, with convenient apparel both linen and woollen, with hose and shoes. And for the better provision of housing for the said children, it is enacted, that there be two houses built by the first of April next of forty foot long apiece, with good and substantial timber, the houses to be twenty foot broad apiece, eight foot high in the pitch, and a stack of brick chimneys standing in the midst of each house, and that they be lofted with sawn boards and made with convenient partitions. And it is further thought fit that the commissioners have caution not to take up any children but from such parents who by reason of their poverty are disabled to maintain and educate them. Be it likewise agreed that the Governor hath agreed with the Assembly for the sum of 10,000 lbs. of tobacco to be paid him the next. crop, to build and finish the said houses in manner and. form expressed.

2. "An act empowering county courts to build work houses," 1668

Va. Statutes at Large, II, 266-267.

Whereas the prudence of all states ought as much as in them lies endeavor the propagation and increase of all manufactures conducing to the necessities of their subsistence, and God having blessed this country with a soil capable of producing most things necessary for the use of man if industriously improved, It is enacted by this Grand Assembly and the authority thereof that for the better converting wool, flax, hemp, and other commodities into manufactures, and for the increase of artificers in the country, that the commissioners of each county court, with the assistance of the respective vestries of the parishes in their counties, shall be and hereby are empowered to build houses for the educating and instructing poor children in the knowledge of spinning, weaving, and other useful occupations and trades, and power granted to take poor children from indigent parents to place them to work in those houses.

3. "An act for suppressing of vagabonds and disposing of poor children to trades," 1672

Va. Statutes at Large, II, 298.

In the colonies the upper age limit for apprentices was twenty-one for boys and eighteen for girls, whereas the limits set by the Elizabethan Poor Law were twenty-four and twenty-one, respectively.

Whereas several wholesome laws and statutes have by the wisdom of several parliaments of England been made and are in force as well for the suppression of vagrants and idle persons as setting the poor on work, the neglect of which laws amongst us hath encouraged and much increased the number of vagabonds idle and disolute persons, Be it enacted, and it is hereby enacted and ordained by the governor, council and burgesses of this grand assembly, and the authority thereof, that the justices of peace in every county do put the laws of England against vagrant, idle and disolute persons in strict execution, and the respective county courts shall, and hereby are empowered and authorized to place out all children, whose parents are not able to bring them up apprentices to tradesmen, the males till one and twenty years of age, and the females to other necessary employments, till eighteen years of age, and no longer, and the churchwardens of every parish shall be strictly enjoined by the courts to give them an account annually at their orphans' court of all such children within their parish as they judge to be within the said capacity.

1. Vestry orders church wardens to bind out parish children ,I,

C. G. Chamberlayne, The Vestry Book of St. Paul's Parish (Richmond, 1940), pp. 11, 22, 74, 103.

August 12,1706.

Ordered that Elizabeth Williams, a parish child, which is at John Lawson's be forthwith bound out to Thomas Carr of King William County by the church wardens.

………

January 1, 1707/8.

Whereas John Burnley has appeared in vestry and relinquished his rights in Phoebe Anderson: Therefore, it is ordered that the said Phoebe shall be bound out to Anthony Winston, upon condition the said Anthony Winston shall pay unto the said Phoebe six hundred pounds of good, sound, sweet-scented tobacco in cask, when she shall become of age.

………

July 22,1716.

Ordered that the clerk make indentures to bind Charles Goodall, a poor orphan child, unto Robert Tate, until he comes to 21 years of age; and for Lucy Foster, a poor orphan girl, to be bound to Jane Thomson widow, until she come to 18 years of age.

2. Parish clerk binds out mulatto boy, 1716

Edgar W. Knight, A Documentary History of Education in the South Before 1860, I (Chapel Hill, 1949),60.

This indenture made the thirtieth day of October in the year of our Lord God 1716…witnesseth that I, Thomas May, clerk of Petsworth Parish in Gloucester County [Virginia], do firmly in the name and behalf of the vestry of the parish abovesaid bind unto Ralph Bevis of the said parish and county a mulatto boy named George Petsworth of the age of two years old the sixth day of March next insuing, the date of these presents until he arrives at the age as the law directs, [1] to serve him, the said Ralph Bevis, his heirs, etc., in all manner of lawful services and employments that he shall set him about. And the said Ralph Bevis doth bind and oblige himself [and) his heirs, etc. to give the said mulatto boy three years schooling and to carefully instruct him afterwards that he may read well in any part of the Bible; also to instruct and learn him the said mulatto boy such lawful way or ways that he may be able after his indented time expired to get his own living, and to allow him sufficient meat, drink, washing, and apparel until the expiration of the said time. And after the finishing of the said time to pay the said George Petsworth all such allowances as the law directs in such cases; as also to keep the aforesaid parish during the aforesaid indented time from all manner of charges or being any way burdensome to the said parish.

[1]. See above, Chap. II, sec. B, Status of children with one slave or servile parent, doc. 3, for the law of 1705 setting thirty-one years as the term of service of illegitimate mulatto children.

1. Plymouth, 1641

David Pulsifer, ed., Records of the Colony of New Plymouth: Laws 1623-1682 (Boston, 1861), p. 38.

7th December, 1641: It is enacted that those that have relief from the towns and have children and do not employ them, that then it shall be lawful for the township to take order that those children shall be put to work in fitting employment according to their strength and abilities or placed out by the towns…

2. Massachusetts, 1646

Mass. Records, 11,180.

Every township, or such as deputed or order the prudentials thereof, shall have power to present to the Quarter Court all idle and unprofitable persons, and all children who are not diligently employed by their parents, which Court shall have power to dispose of them for their own welfare and improvement of the common good…

3. Connecticut, ca. 1673

Acts and Laws of His Majesties Colony of Connecticut in New-England (New London, 1715), pp. 95-96.

…If any poor person or persons that have had or shall have relief or supplies from any town, shall suffer their children to live idly or misspend their time in loitering, and neglect to bring them up or employ them in some honest calling which may be profitable unto themselves and the public; or if there be any family that cannot, or do[es] not provide competently for their children, whereby they are exposed to want and extremity; it shall and may be lawful for the selectmen and overseers of the poor in each town, and they are hereby ordered and empowered, with the assent of the next magistrate or justice of the peace, to bind any poor children belonging to such town to be apprentices where they shall see convenient: a man child until he shall come to the age of twenty-one years, and a woman child to the age of eighteen years or time of marriage; which shall be as effectual to all intents and purposes as if any such child were of full age, and by indenture of covenant had bound him or herself.

1. Watertown, Massachusetts, 1671

Watertown Records, I, 103-104, 105, 107.

January 3, 1671. At a meeting of the Select-men at the house of Isaac Sterns, John Bigulah and Thomas Fleg, Senior, were appointed to treat with Edward Sanderson and his wife about getting a service for the biggest of [the] two least of his children where it may be to their own content and the good education of the child in learning and labor. And the town will be helpful to them in it if they desire it. And to acquaint them that if themselves do not that, then the town will provide a service for it.

…………

March 3, 1671. There coming a complaint to us the selectmen concerning the poverty of Edward Sandersons family: that they had not wherewith to maintain themselves and children either with supply of provision or employment to earn any, and considering that it would be the charge of the town to provide for the whole family which will be hard to do this year, and not knowing how to supply them with provision, we considering if we should supply them and could do it, yet it would not tend to the good of the children for their good education and bringing up so they may be useful in the commonwealth or themselves to live comfortably and usefully in time to come; we have, therefore, agreed to put out two of his children into some honest families where they may be educated and brought up in the knowledge of God and some honest calling or labor. And, therefore, we do order that Thomas Fleg and John Bigulah shall have power to bind them prentices with some honest people with the consent of their parents, if it may be had, and if the parents shall oppose them to use the help of the Magistrate, in the name and with the consent of the Selectmen, Thomas Hastings.

…………

Thomas Fleg, Senior, and John Bigulah at a meeting of the Selectmen March 3, 1672 were appointed to put out the children of Edward Sanderson apprentice. The return of Thomas Fleg and John Bigulah was that they had put out the oldest of the two, of a matter of eight years of age, to John Fleg, an apprentice till she be eighteen years of age. The said John Fleg was to have her well apparelled at her: coming to him and to have for his encouragement fifty shillings to be paid in his rates to the town. And the above said John Fleg does engage to bring her up in all respects as an apprentice according as the law require[s] and to allow her double apparel at the end of the term of her time fitting for an apprentice.

2. Boston, 1672

"Boston Records, 1600-1701," in Seventh Report of the Boston Record Commissioners (Boston, 1881), p. 67.

It was ordered that notice be given to the several persons under-written that they, within one month after the date hereof, dispose of their several Children (herein nominated or mentioned) abroad for servants, to serve by Indentures for some term of years, according to their ages and capacities, which if they refuse or neglect to do the Magistrates and Selectmen will take their said children from them, and place them with such masters as they shall provide according as the law directs. And that they that do according to this order dispose of their children do make return of the names of Masters and children so put out to service, with their Indentures to the Selectmen at their next monthly Meeting being the last Monday in April next.

John Glovers daughter about twelve years of age.

Bryan Morphews daughter-in-law Martha Dorman about twelve years.

John Bohamans daughter Mary about fourteen years.

Robert Peggs daughter Alice above twelve years.

John Griflens daughter about ten years.

William Spowells daughter about twenty years.

William Brownes daughter about fifteen years unless she can excuse the service of a Nurse attending upon her weak Mother.

Widow Crocums three daughters.

William Hambeltons daughter about twelve years.

Edward Golds son about twenty years.

John Dawes his son about seventeen years.

Thomas Williams his son Charles about eight years.

3. Hartford, Connecticut, 1693/94

Collections of the Connecticut Historical Society, III (1897), 235.

A town meeting held at Hartford, March 13, 1693/94.

The town by their vote left it with the towns-men or the major part of them, with the advice of the magistrates in this town or any two of them, to bind out Ruth Grant's two boys to apprentice upon the best terms they can, and with as little charge to the town as may be, and for Ruth to procure a good service for her if she cannot support and provide for herself. And what the said townsmen shall do therein, the town will stand by them in it and make it good.

1. Provision for orphans, North Carolina, 1699,1703

No. Car. Records, I,522,527.

Perquimans Precinct Court, January, 1699.

Jonathan Taylor and William Taylor, orphans being left distressed, ordered that they be bound to William Long and Sarah his wife till they come of age.

Thomas Tailer, orphan being left distressed, ordered that he be bound to John Lawrence and Hannah his wife till he comes of age.

Mary Tayler, orphan being left distressed, ordered that she be bound to Master Caleb Calleway and Elisabeth his wife till she comes of age.

Thomas Hallom, orphan being left distressed, ordered that he be bound to Francis Foster and Hannah his wife till he comes of age.

………

Perquimans Precinct Court, March, 1703.

Upon a petition of Gabriel Newby for two orphans left him by Mary Hancock the late wife of Thomas Hancock, and proving the same by the oaths of Elizabeth Steward and her daughter, the Court do[es] agree to bind them unto him, he engaging and promising before the Court to do his endeavor to learn the boy the trade of a wheelwright and likewise give him at the expiration of his time one year-old heifer, and to the girl at her freedom one cow and calf besides the custom of the country, and has promised at the next orphans' court to sign indentures for that effect.

2. Parish relief for the perishing, New York, 1714-1731

Richard Morris, ed., Select Cases of the Mayor's Court of New York City, 1674-1784 (Washington D.C., 1935), pp. 69-70, 184-185.

May 18,1714.

Order'd that Richard Blanck Aged about ten years who was lately brought hither from Bristol to an Uncle who has left the Country and the said Richard Blanck being fatherless and Motherless and destitute of Other friends or Relations and being likely to be Chargeable to this City Order'd the Church Wardens to bind him Apprentice unto Joseph Phillips of this City Watchmaker for the term of Eleven years with Covenants that the said Master Shall teach him his Trade to Read and write and to find him with Meat drink Cloths washing and lodging.

June 4,1728.. I

Whereas A female Child aged about two or three Months was lately left in this City on the Bed of one Patience Ashton by one Mary Huggins Supposed to be the Mother thereof who is Run away and left the same upon the Parish, which Child was Ordered by the Mayor to be Nursed by Elizabeth Allen wife of Samuell Allen Boatman to preserve the same from perishing. It is therefore Order'd the Church Wardens do provide for the maintenance of the Said Child till Such time as they Can put out the same for the Term of one and twenty years and that they take Care to put out the same as soon as possible.

December 16, 1729.

A Woman from Ireland lately Transported into this City in the Speedwell John Ray Master whose name is Nancy Killpatrick now being big with Child and near her delivery, and her Husband sold A servant somewhere in New Jersey to her unknown and she not being in a Condition to labour for her livelyhood and almost ready to Perish it is Order'd by the Court that the Church Wardens do take Care for her Relief untill She Shall be delivered and able to Labour for her livelyhood She Appearing to the Court to be an Object of Charity.

January 6, 1729/30.

Order'd the Church Wardens Visit the Petitioner Elizabeth Clarke and inquire into the Allegations of the Petitioner and if She and her two Children are in such deplorable and poor Circumstances as therein is sett forth to grant them such further and Additional Relief as they shall see needfull they Appearing to the Court to be great Objects of Charity.

August 18, 1730.

Whereas one Mary Gleson A prisoner in the Common Gaol of this City hath left two Small Children at the house of one Samuell Taylor a Soldier belonging to the Garrison who is not of ability to Maintain them and therefore either must become a Charge to the Parish or Perish it is therefore Ordered by the Court that the Church Wardens Satisfie the Said Samuel Taylor for the Maintainance of the said Children until they Otherwise provide for their Maintainance, and that the said Church Wardens do as soon as they can bind the Said Children out Apprentices untill they attain each the Age of one and twenty years.

May 18, 1731.

Order'd the Church Wardens Visit Jane Mackintosh Widow whose husband was lately unfortunately drownded and who is left with four small Children and nothing to Support herself or them and if they find them Objects of Charity to Support them as they Shall see needfull untill such time as the Children Can be put out or till further Order.