B. Indentured Servants

1. Connecticut, 1644

Conn. Records, I, 105.

Whereas many stubborn, refractory, and discontented servants and apprentices withdraw themselves from their masters' services, to improve their time to their own advantage, for the preventing whereof: It is ordered that whatsoever servant or apprentice shall hereafter offend in that kind, before their covenants or term of service shall expire, shall serve their said masters, as they shall be apprehended or retained the treble term, or threefold time of their absence in such kind.

2. Massachusetts, 1648

Laws and Liberties of Massachusetts, p. 38.

Masters, Servants, Laborers: It is ordered by this Court and the authority thereof that no servant, either man or maid, shall either give, sell, or truck any commodity whatsoever without license from their masters during the time of their service under pain of fine or corporal punishment at the discretion of the Court as the offense shall deserve.

And that all workmen shall work the whole day, allowing convenient time for food and rest.

It is also ordered that when any servants shall run from their masters or any other inhabitants shall privily go away with suspicion of ill intentions, it shall be lawful for the next magistrate, or the constable and two of the chief inhabitants where no magistrate is, to press men and boats or pinnaces at the public charge to pursue such persons by sea or .land and bring them back by force or arms.

3. Pennsylvania, 1700

James T. Mitchell and Henry Flanders, comps., The Statutes at Large of Pennsylvania from 1682 to 1801, II (Harrisburg, 1896), 54-55.

This statute is discussed in Respublica v. Keppele, 2 Dallas (Penna.) 197 (1783) (see below, Part Two, Chap. n, sec. A, Children not to be bound as servants).

…No servant, bound to serve his or her time in this province or counties annexed, shall be sold or disposed of to any person residing in any other province or government, without the consent of the said servant and two justices of the peace of the county wherein he lives or is sold, under the penalty of ten pounds, to be forfeited by the seller.

…No servant shall be assigned over to another person by any in this province or territories but in the presence qf one justice of peace of the county, under the penalty of ten pounds; which penalty, with all others in this act expressed, shaft be levied by distress and sale of goods of the party offending.

…Every servant that shall faithfully serve four years or more, shall, at the expiration of their servitude, have a discharge, and shall be duly clothed with two complete suits of apparel, whereof one shall be new; and shall also be furnished with one new ax, one grubbing hoe and one weeding hoe, at the charge of their master or mistress.

And for prevention of servants quitting their master's service.

Be it enacted…that if any servant shall absent him or herself from the service of their master or owner for the space of one day or more, without leave first obtained for the same, every such servant shall, for every such day's absence, be obliged to serve five days after the expiration of his or her time, and shall further make such satisfaction to his or her master or owner for the damages and charges sustained by such absence as the respective county court shall see meet, who shall order as well the time to be served as other recompense for damages sustained.

And whoever shall apprehend or take up any runaway servant, and shall bring him or her to the sheriff of the county, such person shall, for every such servant, if taken up within ten miles of the servant's abode, receive ten shillings; and if ten miles or upwards, twenty shillings reward, of the said sheriff, who is hereby required to pay the same and forthwith to send notice to the master or owner, of whom he shall receive five shillings prison fees, upon the delivery of the said servant, together with all other disbursements and reasonable charges for and upon the same.

4. North Carolina, 1715

Walter Clark, ed., No. Car. Records, XXIII (Goldsboro, N.C., 1904), 62-66.

…Every Christian servant whether so by importation or by contract made in this government that shall, at any time or times absent'" him or herself from his or her master's or mistress' service without his or her license first had shall make satisfaction by serving after the time by custom or indenture or contract for serving is expired, double the time of service lost or neglected by such time or times of absence and also such longer time as the court shall see fit to adjudge ill consideration of any further charge or damages accruing to the master or mistress by such time or times of absence as aforesaid.

…If any Christian servant shall lay violent hands on his or her master or mistress or overseer, upon proof thereof made, shall for every offence suffer such corporal punishment as the court shall think fit to adjudge. And as an encouragement for Christian servants to perform their service with fidelity and cheerfulness.

…Every master or mistress shall provide for their servants so imported or indented competent diet, clothing, and lodging. And shall not exceed the bounds of moderation ill correcting them beyond their demerits. And that it shall and may be lawful for any servant having just cause of complaint to repair to the next magistrate who is hereby empowered, required and directed to bind over such master or mistress to appear and answer the complaint the next precinct court and there to stand to and abide by such orders and judgment as the court shall think fit to pass thereon. And if the magistrate shall see just cause he shall also take further security that he or she shall not in the meantime abuse such servant. And as a further encouragement for the faithful discharge of the such imported or indented servants' services.

…Every Christian servant shall be allowed by their master or mistress at the expiration of his or her time of service three barrels of Indian com and two new suits of apparel of the value of five pounds at least or, in lieu of one suit of apparel, a good well-fixed gun, if he be a man servant.

1. Maryland, 1638/39

Md. Archives, 1,80.

…All persons being Christians (slaves excepted) of the age of eighteen years or above and brought into this province at the change and adventure of some other person shall serve such person at whose charge and adventure they were so transported for the full term of four years only, to commence from his or their arrival in the province (except any other time were contracted for by covenant)

…And all persons under the age of eighteen years transported into this province at the charge and adventure of some other person shall serve such person at whose charge he or they were so transported until such person or persons so transported shall be of the full age of four and twenty years (except likewise any other time were contracted for by covenant). [1a]

And every maid servant…of the age of twelve years old or under shall be bound to serve the party or parties transporting her or them for seven years and if she [be] above the age of twelve years she shall serve for four years only (except it were otherwise conditioned by covenant) and at the end of any the said terms of service expired, the master or mistress of such servant (at the time when the said term is expired) shall give unto such man or maid servant such conditions as were covenanted by the indentures or first covenants or (in default of such covenant) shall give unto them three barrels of corn, a hilling hoe and a weeding hoe and a felling axe, and to a man servant one new cloth suit, one new shirt, one pair of new shoes, one pair of new stockings and a new monmouth cap, and to a maid servant one new petticoat and waistcoat, one new smock, one pair of new shoes, one pair of new stockings and the clothes formerly belonging to the servant…

[1a] As amended in 1654 and again in 1661, the law required children under fifteen to serve their masters only until twenty-one years of age. Md. Archives, I, 352-353,409.

2. Virginia, 1642/43

Va. Statutes at Large, 1, 257.

Whereas divers controversies have risen between masters and servants being brought into the colony without indentures or covenants to testify their agreements, whereby both masters and servants have been often prejudiced, Be it therefore enacted and confirmed for prevention of future controversies of the like nature, that such servants. as shall be imported having no indentures or covenants, either men or women, if they be above twenty year old to serve four year, if they shall be above twelve and under twenty to serve five years, and if under twelve to serve seven years.

3. Virginia, 1657/58

Va. Statutes at Large, I, 441-442.

…Such persons as shall be imported, having no indenture or covenant, either men or women, if they be above sixteen years old shall serve four years, if under fifteen to serve till he or she shall be one and twenty years of age, and the courts to be judges of their ages.

4. Virginia, 1662

Va. Statutes at Large, II, 169

…Every master buying or bringing in a servant without indenture shall be enjoined to carry him to the court within four months after he hath brought him, when they may have judgment of his age, or else that the servant shall serve no longer than those of sixteen years of age by custome of the country.[1b]

[1b] That is, no longer than four years.

5. NorthCarolina 1715

No. Car. Records, XXIII, 62-66.

…All Christian servants imported of to be imported into this government above sixteen years at time of their importation shall serve till they be two and twenty years of age. And the age of such servant or servants to be adjudged by the precinct court where the master of mistress of such servant to carry him or her to the said court within six months after their importation. Otherwise such servant or servants shall serve no longer than those of sixteen years are above appointed to serve by virtue of this act.

1. Pennsylvania, ca. 1700

Chester County Court Records, in John S. Futhey and Gilbert Cope, History of Chester County, Pennsylvania (Philadelphia, 1881), pp. 430-431.

Francis Chadsey brought a boy whose name was Alexander Steward, who was adjudged to serve eight years from the 14th of September last past, to be taught to read and write, or else to serve but seven years; also, he had a servant maid whose name is Ann Bearn, who was adjudged to serve five years from this Court, to said Francis Chadsey or his assigns.

William Cope brought a boy whose name is Thomas Harper, who was adjudged to serve five years and three quarters, if he be taught to read and write, or else to serve but five years, to him or his assigns.

Elizabeth Withers brought a servant girl whose name is Margaret Mongey, who was adjudged to be eleven years of age, and to serve ten years to Thomas Withers or his assigns.

Henry Nayl brought a servant boy to the Court whose name is Alexander Stewart, whose time the said Nayl had bought of Francis Chadsey, and the said boy consents and agrees to serve the said Henry Nayl one year and a quarter above his time by record, if the said Henry Nayl teach him the trade of shoemaker; if not, the said Nayl to allow the said boy satisfaction for the overplus time as the Court shall allow.

Elinor Clayton, an orphan of the age of fourteen years, was ordered by the Court to serve Daniel Hoopes for the term of seven years, on condition that he should teach her to read, knit and sew, and pay £ 12 according to the order of the Court.

2. A Scotch boy, brought to New Jersey and sold there without indenture, has his term of service established in court, 1697

The Burlington Court Book, p. 197.

…John Scott of Wellingborough in the county of Burlington exhibited to the court a Scotch boy named George Douglass which he, the said Scott, bought of James Trent as by a certain bill of sale given by the said Trent to him the said Scott dated the twenty first day of July last past [1697] may more fully appear. And the said Scott, having no indenture with his said boy, he requests of the court to assertain and fix a certain term of years for the said George Douglass serving him, the said Scott, according as the law in that case directs; which said boy is ordered by the bench to serve nine years from this ninth day of August 1697 to him the said John Scott his heirs, executors, administrators, or assigns.

1. Children bound out without consent of father, New Haven, 1651

Ancient Town Records, I, 89-90.

William Bunill declareth that while he was gone for England, his wife and her father put forth his son to Nicholas Elsy and his daughter to Samuel Whithead, to apprentice without his consent, which when he came he disallowed of [and] only was willing they should keep them a while, but now desires that he may have them again for his help.

Nicholas Elsy said that the grandfather of the boy came to him and desired him to take him, and he did. Goodman Willmot, the grandfather of the boy, was asked the ground thereof. He said his son Bunill was in the Bay and was a charge to the country there; after [he] went to England, [he] left his wife and children but no means to maintain them. After he was gone, she and her children came up hither to him, but he was not able to keep them; therefore they did advise together and agreed to put forth the children, and did put the boy to Nicholas Elsy.

Samuel Whithead said for the girl he sought her not; but Goodwife Bunill came to his house, declared her condition which was to be pitied, having divers small children and no means to maintain them, and desired him to take her daughter, which they did upon the terms they agreed. Goodwife Bunill was asked what direction her husband left for providing for the children; she said he left little or nothing to maintain them and she asked him what she should do with them. He said they were hers as well as his and he left them with her. And the boy saith he remembers his father did say so to his mother.

William Pecke said that his wife heard Goodman Bunill say after he came here from England that he was well satisfied with the children where they were; and Luke Atkinson said he heard Goodman Bunill say he was well satisfied in the placing of the children. Goodman Bunill said he meant for the present, a year or two or so. Goodman Bunill was told he must not think that they will take children small and keep them till now and let him have them again, but he must allow what is just for keeping them, which he is not able to do; and the case was such it seems that if they had not placed them, the magistrate must have taken care to dispose of them. Wherefore, all things considered, the court cannot but confirm the placing of them; but if they find the time too long, they will consider that some of it be abated, or something allowed to them.

2. Brother and sister bound to different masters, Maryland, 1661

Md. Archives, LIII, 183-184.

Anne Guest, the relict of Walter Guest deceased, doth here in open court bind over unto Mr. Thomas Baker, his heirs, executors, administrators but not assigns, Mary Guest her [step] daughter to serve the said Baker as aforesaid, from the day of the date hereof until the 28th day of January, 1667, in all such services and employments as he, the said Baker, his heirs, executors, administrators shall employ her in, and the said Mary being demanded in open court whether she was thereunto condescending, who very freely replied that she was therewith very well contented.

Whereupon it was ordered that the said Mary Guest should serve the said Baker, his heirs, executor, administrators but not assigns, the full and just term of six years from the day of the date hereof in all such services and employments as he or they shall employ her in, he and they, during the term of the said time, finding and allowing her sufficient meat, drink and good lodging fitting for a servant in that kind. Anne, the relict of Walter Guest, doth hereby in open court bind over unto Mr. Henry Adams, his heirs, executors, administrators, but not assigns one Lewis Guest her son, being about three years old, from the day of the date hereof the full and just term of eighteen years, to serve him or them in all such services and employments as he or they shall employ him in during the said term of time.

And for the confirmation of the said assignment, it is ordered that the said Lewis Guest shall serve the said Mr. Adams, his heirs, executors, administrators but not assigns, from the day of the date hereof the full and just term of time of eighteen years in all such services and employments that he or they shall employ him in, he and they during the said term finding and allowing the said Lewis Guest sufficient meat, drink, washing and lodging fitting for a servant.

3. Beginning and end of an indenture, 1671-1685

Charles Thornton Libby, ed., Province and Court Records of Maine, II (Portland, 1931),431-432.

15 May, 1671.

It is mutually agreed between Joanna Crawley, wife unto Thomas Crawley on the one party, and Alexander Maxwell of York on the other party, that the said Joanna, with her free consent upon good considerations doth dispose of her daughter's…child named Samuel, a boy of about three years old, into the custody of Alexander Maxwell for the full term of eighteen years from the date hereof, who is to provide for him meat, drink, apparel, washing and lodging during the said time of his service fit and convenient for a servant; and the said Alexander Maxwell is to use his best endeavors to teach the said child to write and read before his time be expired and to give him a cow seven years hence to be disposed of to some of his friends for the boy's best advantage, and twenty acres of land at the end of his time. And in case that Alexander Maxwell should die before the boy's time of eighteen years be run out, that then he shall serve the remainder of his time with his Dame Annas Maxwell.

20 November, 1685.

Whereas Samuel Crawley, who by consent of his grandmother Joanna Crawley was bound, as by records appears, to his master and Dame Alexander Maxwell…for the term of eighteen years from the 15th of May 1671; and having served in May next fifteen years of his time, wherein, until the 20th of this instant. November he did remain unchargeable of any notorious transgression, at what time he…[was] convicted for felony, sentenced, and branded according to law, and afterwards returned into the constable's hands by order of the court to tender said Crawley to his master to serve out his full time with him, which the constable doth assert he did, but master refused to accept of him and gave his man Crawley freely his time, in confirmation whereof he returned him unto the custody of William Wormwood the constable with his indenture.

4. Spinster binds out four year old son as "apprentice and servant," 1723

"Indentures of Apprentices, 1718-1727," in Collections of the New York Historical Society for the Year 1909, XLII (1910), 155-156.

Indenture of Margaret Perry, spinster and mother of John Hames her natural son by one John Hames, late of the same city of New York, mariner, deceased…by these presents doth put her said son John Hames, aged four years;'" an apprentice and servant unto John Vanloo, Gent., with him to live and after the manner of an apprentice and servant to serve him the said John Vanloo in any place or places whatsoever he the said John Vanloo shall think fit to reside or inhabit from the twelfth day of July, 1721, till the said child shall arrive at the age of eighteen years…During all which term the said mother doth promise, covenant, and agree to and with the said John Vanloo and his assigns that he the said John Hames shall dwell with and faithfully serve the said John Vanloo or his assigns.

………

That he shall at the age of ten years, if he so long live, by an indenture under his own hand and seal bind himself to his said master for and during all the residue of the said time which shall be then unexpired, if his said master or his assigns shall so require. And the said master during the said term shall by the best means or methods that he can teach or cause the said servant to be taught the art which he now useth, and shall find and provide unto the said apprentice or servant sufficient meat, drink, apparel, lodging and washing fitting for such an apprentice and servant, and shall also teach or

cause the said servant to be taught to read and to write. For the true performance of all and every these covenants and agreements the said Margaret Perry and the said John Vanloo do bind themselves either of them to the other of them firmly by these presents in the penal sum of one hundred pounds current money of the province of New York.

1. Indenture of Hans Peter Kaul, age 16, to Thomas Lawrence, September 26, 1752

Box 9C, Collections, Historical Society of Pennsylvania, Philadelphia, Pa.

THIS INDENTURE witnesseth that Hans Peter Kaul [?], in consideration of £ 14 Paid for him to Alex Ray by Thos. Lawrence, Esq. as also for other good causes; he, the said Hans Peter Kaul hath bound and put himself and by these Presents doth bind and put himself Servant to the said Thos. Lawrence Esq.; to serve him or his Executors and Assigns, from the pay of the Date hereof, for and during the full Term of Five Years thence next ensuing. During all which Term, the said Servant his said Master or his Executors or Assigns, faithfully shall serve, and that honestly and obediently in all Things as a good and dutiful Servant ought to do. AND the said Master or his Executors and Assigns, during the said Term, shall find and provide for the said Servant sufficient Meat, Drink, Apparell, Washing and Lodging.

And at Expiration shall give him the usual freedom dues AND for the true performance hereof, both the said Parties bind themselves firmly unto each other by these Presents. In Witness whereof, they have hereunto interchangeably set their Hands and Seals. Dated this Eighteenth Day of September, in the 26th Year of His Majesty's Reign, Annoque Domini 1752.

2. Order form for one Negro lad and one hundred bushels of salt, May 11,1769

Mary Harvey to Thomas Clifford, May 11, 1769, Clifford-Pemberton Papers, V, 113, Pennsylvania Historical Society.

Wilmington, May 11^th 1769

Friend Clifford

I have Recd. thy Letter This Day Which Informs me thy Vessel is arrived With Salt & Servants. Would Request the favour of thee to Send me down the Boy Thou Mentioned if he is Not Disposed of already and Likewise one hundred Bushels of Salt By one of our Boats as they are Both Up From thy Friend Mary Harvey.

3. Indenture of the manumitted Negress Kitty, May 18, 1804

Gratz-Crogham Etting Papers, II, 93, Pennsylvania Historical Society.

THIS INDENTURE WITNESSETH, That Negress Kitty, aged about four years, whom Reuben Etting, on the eighteenth day of May, Eighteen hundred and four, in the City of Baltimore" in the State of Maryland manumitted from slavery, In compliance with the terms and conditions of the said manumission hath put herself, and by these Presents, with the advise and consent of her friend Thos. Harmion, a member of the Abolition Society, doth voluntarily, and of her own free will and accord, put herself Apprentice to the said Reuben Etting of the City of Philadelphia to" learn the Art, Trade, and Mystery of a Cook and house-waiter and after the manner of an Apprentice to serve the said Reuben Etting, his Executors and assigned administrators from the day of the date hereof, for and during, and to the full end and term of twenty-three years…