| Volume 65, Preface 33 View pdf image (33K) |
Introduction. xxxiii
Maryland show this (volumes LIII and LIV). But many also came up in the
Provincial Court, though the amount involved was often exceedingly small.
Most of the indentured, or indented, servants came from the British Isles,
if their names and their stories are proof. Several cases presented in this
record arose from an indented servant's petition to the Court for his or her
freedom. Always they were presented by way of petition, for servants had
not the capacity to present them at law (post, p. 279). Christopher Batson
told the Court that he had apprenticed himself to Abell Londgen, to serve him
four years and be taught the art of navigation. Londgen, co.ntrary to the inden
ture, had sold his servant's time to John Stevens, and Stevens refused to set
him free, though he had served the time agreed on. The Court “Adjudge the
said Christopher Batson to be set free” (ibid, p. 95). But Stevens or Stephens
still refused to free Batson, so that now Batson, free by the decision of the
Court, sued him for 4000 pounds of tobacco in a plea of trespass upon the
case. Stevens had kept him eight months after his time was served, and had
refused to give him “his freedom Corne and Cloathes,” that is, three barrels
of corn, a suit of clothes a pair of shoes and stockings and a shirt. Of tools
there were due him two hoes and an axe. Stevens denied that Batson was
properly free, but the jury found for the plaintiff. Therefore the Court ordered
that Batson recover from his former master his clothes and his tools in kind,
450 pounds of tobacco for the corn, and 920 pounds for his costs and charges
(ibid., p. 511).
When Elizabeth Hiccoks asked to be free from Edward. Skydmore, she
showed the Court a certificate from an English office “for Enrolling consents
of servants in England & th[eir] agreemts with their Masters undr the seale
of the said office” which showed that she was to serve but four years. The
Court went fully into the matter, said she was free, and ordered her master to
pay her her corn and clothes accordingly. Elizabeth Thompson also asked to
be freed from a master who ignored the fact that she had finished serving her
time, and when her master's wife could show nothing to the contrary, she, too,
was freed and was to have her corn and clothes (ibid., p. 179). Henry Everitt,
being twenty-one years old, and having already served his master George
Beckwith, for eight years, asked the Court to say how long he must serve for
six weeks he had failed to serve. The Court ordered that he serve according
to the act in force when he arrived in the Province. Since the act of 1666
required ten days of service for every day of absence, and required also that a
servant under fifteen —and some were under ten— must serve at least until he
was twenty-two (Archives, 11, 524), that meant that Henry had to serve sixty
weeks for six, or a year and two months after he became twenty-two. Why
the Court did not give a more explicit verdict does not appear. Henry Everitt
appears no more in this record..
As to the corn and clothes, that was a matter of law. An act of Assembly of
1638/9 (Archives, I, p. 80) declared that a servant at the expiration of his
time was to be given by his master, three barrels of corn, two hoes, an axe and
some clothing. A man servant got a cloth suit, a shirt, shoes and stockings and
a cap, all of them new. Women got a pettycoat, a waistcoat, a smock, shoes and
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| Volume 65, Preface 33 View pdf image (33K) |
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