INTRODUCTION lxxi

servants (whether such servants were imported into the province, bound themselves
for a term of years within the province or were bound out by the county courts)
was to be tried, heard and determined upon petition, any law, statute or usage to
the contrary notwithstanding.1

The court during the period covered by the Liber was asked to exercise jurisdic-
tion upon complaints made by servants or slaves in about ten instances. Upon a
complaint by Thomas Simmons that his master Thomas Keniston "had sold him
for Runnaway time and not brought him to any Court in this Province to be ad-
judged according to Law", the court ordered that complainant be clearly and freely
acquitted from his service. However, this order apparently did not afford a defini-
tive settlement. 2 When Vins Taylor complained that John Cozens kept from her
her freedom corn and clothes, the court ordered him to give complainant addi-
tional clothes and utensils. 3

At the March 1697 court Jane Browne presented a petition alleging that she had
been a servant to Christopher Thompson and that she had been freed and dis-
charged from all service due, but that he nevertheless still claimed petitioner as his
servant "contrary to law and justice". The court allowed the petition and ad-
judged Jane Browne a free woman. 4 However, the court rejected a petition of Ann
Fowler claiming that she had hired out as servant to Edward Ball for a period of
two years during which he was to clothe her and at the end of which he was to al-
low her additional clothes but that Ball had in no wise complied with his under-
taking and requesting justice against her former master. 5

Mary Day petitioned for reasonable satisfaction, plus costs, from Hugh Riley
for serving four months beyond the term of four years for which she had engaged
herself (in consideration for which Riley engaged to have her receive medical at-
tention) but the court after hearing both parties ordered the petition quashed.
John Murr, servant to Thomas Prather, complaining that he was much abused by
his master, the court ordered that Prather appear the next day to answer the com-
plaint. However, there is no indication that any further action was taken upon this
complaint. 6 Thomas Worthington, servant to Robert Wade, was set free by order of
the court "by reason that he came in a Servant for Seven Years and had Servd
twelve years by new Contracts without ever being a Freeman" and his master or-
dered to pay him a gun and clothing according to act of Assembly. Martha Wake-
ling complaining of her master's (Abraham Clark) great abuse and extraordinary
hard usage toward her, the court ordered that petitioner be set free. However, upon
motion, petitioner was ordered to serve Bartholomew Goff for a period of four
years from her arrival in the province, Goff doing his utmost to cure petitioner of
her sores. 7

1. 38 MA 117. See also 22 id. 20, 26-27, 44-45, 100-01, 110, during which it was declared that
"no Law of England nor of this Province tollerates any Courts proceeding by way of petition in
Such Case." The "late tryall in a Court of Appeals" on this manner of proceeding (22 id. 27) does
not appear in PMCA. See also the 1704 statement of the Council that "it is not usuall to suffer
Servants to Swear the peace against their Masters." 25 MA 176. In addition, servants did not have
the capacity to sue at law. 65 MA xxxiii.

2. Infra 4, 182-83, 212, 242, 248.

3. Infra 163, 180, 208.

4. Infra 326.

5. Infra 61.

6. Infra 233, 547.

7. Infra 554, 590. See also the fine of 500 pounds of tobacco imposed on Clark in November 1699
for "most unchristian correction" of his servant Henry Leonard—apparently a runaway. PGCJ,
Liber B, 1-1a.