:45, see also PCR 1:121-122). A year later the Court granted Peter Talbott five acres and James Skiff ten acres of land for their service by indenture.
In order to achieve these goals, servants had to provide their masters with constant labor for a specified period of time. As with drinking and playing cards, the responsibility for the servant's actions fell to the master. The standard form of the indenture agreement was not regulated by Plymouth law. Gilbert had yet to provide Josepth Gray with the proper clothing and shelter. For example, a runaway woman faced greater social and physical challenges then men.
Soon after they moved ashore, the Pilgrims were introduced to a Native American man named Tisquantum, or Squanto, who would become a member of the colony. This section is particularly interesting as it provides a picture of the extent to which Plymouth colonists valued and protected their servants. In the meantime, Williams was required to pay a fine. Two months later, the Town of Taunton was ordered by the Court to collectively defray the cost of curing his lame feet (ibid. The multiple uses of "servant" and "apprentice" creates a conundrum in terms of how one should classify indenture agreements. Some male servants saw the end of their indenture as a chance to become freemen who could participate in local government. It is important to note that only one out of the twenty-four charges brought against servants involved a female servant (see Chart 5, below).
Nine additional cases were brought against masters who breached, or attempted to breach, indenture agreements. Another unusual agreement occurred in August 1639.
They appear to feel either more comfortable bringing their master's before Court or they may know that they will be better received by the Court. Although the sale and trade of servants was common in the Plymouth Court Records, no laws governing the sale or trade of servants exist in Plymouth Colony laws. In this agreement, Richard Higgens entered his servant Samuell Godbertson into an apprenticeship with John Smaley for just one year. Most servants were impoverished and the end of a successful indenture could represent the opportunity for prosperity. In another case of abuse filed in 1655, John Hall complained that his son, Samuell, was being kicked and unreasonably struck by his master Francis Baker.
However, as the Colony grew it developed a welfare policy that made the towns, and the Colony as a whole, responsible for the condition of servants and the poor. Her new masters, John and Mary Barnes, were only required to find Billington meat, drink, and lodging during her time of service (PCR 2: 38). Under this broad category the twelve cases of abuse ranged from not providing a servant with enough clothing to manslaughter. If Baker did not complain, it appears that Hall would have been allowed to keep his son permanently (PCR 3:82). The Court Records did not cite the outcomes of these cases. For the remaining year and a half of his indenture, Godbertson would learn the trade of tailor from Smaley. A master could sell the indenture agreement of this servant or apprentice as long as all parties involved agreed to the change. Rather, the cases mentioned are only evidence of disputes that were brought to the Court's attention. On March 2, 1657/1658, the Town of Taunton brought Mistress Gilbert before the Court on charges of neglect. Rather, the Court decided to provide property for the released servants.
The Court noted that a "speedy course" should be taken since the boy's foot was "in danger of perishing" (ibid.). What is interesting about this case is that the law specifically outlaws servants from playing games and visiting Victuall Houses.
: 134). It is therefore essential to study the Court Records in terms of what they say about the obligations of both the master and the servant. At that same Court session, Latham was found guilty of manslaughter and he was sentenced to be branded on the hand and to have all his goods confiscated. As the Pilgrims began crafting the Colony, they were faced with a severe labor shortage.
The first case I will discuss began in 1653 and ended in 1657. Servants were treated as freemen when they committed crimes such as murder, theft, and sexual misconduct. This law may have been unnecessary since masters and servants may have desired longer terms that would be more beneficial to both parties.
Finally, two male servants were brought up on charges of sodomy. The Plymouth Court Records provide a picture of the legal rights of a servant.
Throughout the period of the Plymouth Colony, no laws were enacted that dealt specifically with African slaves or African servants.
Section Six will explore the issue of control within an indenture to a greater extent. All Rights Reserved.Harold M. Lambert/Kean Collection/Archive Photos/Getty Images As described in Section II, only four laws existed that specifically governed servant's behavior. In 1646 Kenelme Winslow was found guilty of withholding clothes from a former female servant.
The final sentence of the record was particularly intriguing as it revealed a kin relationship between Williams and the daughter of the deceased John Barker. The majority of runaways were whipped.