Volume 65, Preface 33 View pdf image (33K) |
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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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