Ch. 3.1. Primary Sources: Indentured Servant Contracts
(Continued from Jensen.)
The traffic in indentured servants to the colonies was so well established by the 1630s that in England one could get printed forms with blank spaces to be filled in with the names of the servant and the master and the terms of service (example B). In the colonies contracts were bought and sold but had to be registered with the proper officials. Thus Richard Smyth registered two contracts with the Provincial Court of Maryland before sending two servants from England on to Virginia (ex. A).
Apprenticeship was a common means of training artisans in the colonies. The contracts vary little from those of indentured servants except that specialized training is called for (examples C and D).
A. Maryland indentures (1659-1660). Source: Archives of Maryland, xii, pp. 385-386.
Richard Smyth came this day, being the 19th of December, 1660, and demands the ensuing indentures to be recorded among the records of the Provincial Court, in regard he is to send them to Virginia, viz. : This indenture made the eighth day of August in the year of our Lord one thousand six hundred fifty and nine, between Richard Smyth of Potomac in the island of Virginia in the parts beyond the seas, planter, on the one part; and Thomas Allison, son of Thomas Allison of Gaston in the county of Lancaster, husbandman, on the other part. Witnesseth that the said Thomas Allison doth covenant, promise, and grant to and with the said Richard Smyth, his executors and assigns, by these presents from the day of the date hereof until his first and next arrival in the island of Virginia aforesaid, and after, for, and during the term of seven years to serve, in such service and employment as he, the said Richard Smyth or his assigns shall there employ him, according to the custom of the country in the like kind; in consideration whereof the said Richard Smyth doth hereby covenant and grant to and with the said Thomas Allison to pay for … and lodging, with other necessaries during the said term, and at the end of the said term to pay the said Thomas Allison two suits of apparel, three barrels of good merchantable corn, and fifty acres of land. In witness whereof the said parties to these present indentures have interchangeably set their hands and seals the day and year abovesaid. Signed Richard Smyth.
Sealed and delivered in presence of us Andrew A. Dickinson, his mark.
George Flouke, his mark A
Locus Sigilli X.
This indenture made the 24th day of August in the year of our Lord 1659, between Richard Smyth of Virginia, planter, of the one part, and Margaret Williams of Bristol, spinster, of the other part: Witnesseth that the said Margaret doth hereby covenant, promise, and grant to and with the said Richard, his executors and assigns: from the day of the date hereof, until her first and next arrival at Virginia, and after, for and during the term of four years, to serve in such service and employment as the said Richard or his assigns shall there employ her, according to the custom of the country in the like kind. In consideration whereof the said master doth hereby covenant and grant to and with the said servant to pay for her passing, and to find and allow her meat, drink, apparel, and lodging, with other necessaries during the said term; and at the end of the said term to pay unto her one axe, one hoe, double apparel, fifty acres of land, one year’s provision, according to the custom of the country. In witness whereof the parties above-named to these indentures have interchangeably set their hands and seals the day and year above written.
Sealed and delivered in presence of George Hawkins. Md worth.
The mark of Margaret Williams.
B. New York indenture (21 February 1683)
The following indenture is a typical printed form. The portions in italics were filled in by the signers of the contract. Printed: Abbot E. Smith, Cabinets in Bondage: White Servitude and Convict Labour in America, 1607-1776(Chapel Hill, North Carolina, 1947), p. 18.
This Indenture made the 21st February 1682 between Rich. Browne aged 33 years of the one party, and Francis Richardson of the other party, witnesseth, that the said Rich. Browne doth thereby covenant, promise, and grant to and with the said Francis Richardson, his executors and assigns, from the day of the date hereof until his first and next arrival at New York or New Jersey and after, for and during the term of four years, to serve in such service and employment, as he, the said Francis Richardson or his assigns shall there employ him according to the custom of the country in the like kind: in consideration whereof the said Francis Richardson doth hereby covenant and grant to and with the said Richard Browne to pay for his passing, and to find and allow him meat, drink, apparel, and lodging, with other necessities, during the said term, and at the end of the said term to pay unto him according to the customs of the country.
In Witness thereof the parties above mentioned to these indentures have interchangeably set their hands and seals the day and year above written.
C: New Jersey apprentice contract (1 May 1680)
Source: New Jersey Historical Society Proceedings, new Series, xv (1930), pp. 269-270.
This indenture made the first day of May in the year of our Lord 1680. Between Nathaniel Bunn of the town of Woodbridge, in the province of New Jersey, by and with the consent of his mother Hester Bunn, widow, the one party, and Bernerd Filder of the abovesaid town and province, potter, the other party, witnesseth that the above-named Nathaniel Bunn, by and with the consent of his mother abovesaid, doth by these presents covenant, agree and bind himself an apprentice unto the above: named Bernerd Filder until the above-said Nathaniel be of the age of one and twenty years, which will be the five and twentieth day of March, one thousand six hundred eighty and six, during which time of five years, ten months and upwards, the abovesaid Nathaniel doth by these presents engage to he true and faithful in his said master’s service, and mistress’s during her widowhood and not longer; his master and mistress’s secrets to keep and not purloin or embezzle any of his master’s estate, nor consent to the purloining or embezzlement of any part thereof by any person or persons whatsoever, his said master’s lawful commands obey and not absent himself from his master’s service, neither by day nor night, without his said master’s leave, but in all things behave himself as a faithful apprentice ought to do during the full time and term above-said.
In consideration whereof the above-named Bernerd Filder doth by these presents covenant, promise, and engage to find and allow the above-named Nathaniel Bunn, during the time and term abovesaid, sufficient meat, drink, washing, and lodging, and at the expiration of the term abovesaid to allow him two suits of apparel, one of good cloth or stuff fit for holy days, and to pay or cause to be paid unto him, the abovesaid Nathaniel, the full and just sum of five pounds sterling; in good pay of this country, and the abovesaid Bernerd doth by these presents engage not to sell the said Nathaniel to any man whatsoever, nor to carry him out of this government of New Jersey, except into the government of New York, or some part of New England, and the abovesaid Bernerd doth by these presents engage to learn, teach, and instruct the abovesaid Nathaniel the art, trade, and mystery of a potter and of tile making, if he goes upon that, and also to teach him to write and cipher, and if the said Bernerd should marry and decease within the time abovesaid, then the abovesaid Nathaniel to serve his mistress during the time of per widowhood and no longer. In witness whereof the parties to these presents have interchangeably set, too, their hands and sell the day and year above-written and the said Bernerd is to let the abovesaid Nathaniel, at his going away from him, have his military arms that the said Nathaniel trains—with whilst an apprentice and furnish him with a new Bible.
D. Massachusetts apprentice contract (1 September 1713)
Source: Historical Collections of the Essex Institute (Salem, Mass, 1859), pp. 14-15.
This indenture, made the first day of September, …1713, witnesseth that Nicholas Bourguess, a youth of Guernsey, of his own free and voluntary will, and by and with the consent of his present master, Captain John Hardy of Guernsey, aforesaid, mariner; has put himself a servant unto Mr. William English, of Salem, in the county of Essex, within the province of the Massachusetts Bay in New England, mariner, for the space of four years from the day of the date hereof until the aforesaid term of four years be fully complete and ended;· during all which time the said servant, his said master, his heirs, executors, administrators, or assignees dwelling within the province aforesaid, shall well and faithfully serve, their lawful commands obey. He shall not absent himself from his or their service without leave or license first had from him or them; his master’s money, goods, or other estate he shall not purloin, embezzle, or waste; at unlawful games he shall not play; taverns or alehouses he shall not frequent; fornication he shall not commit, nor matrimony contract; but in all things shall demean himself as a faithful servant during the term aforesaid, and the aforesaid master on his part, doth for himself, his heirs, and assignees, covenant, promise, and agree to and with the said servant: that he or they shall and will provide and find him with sufficient meat, drink, clothing, washing; and lodging, and in case of sickness, with physic and attendance during the term aforesaid, and to learn him to read a chapter well in the Bible, if he may be capable of learning it, and to dismiss him with two suits of apparel for all parts of his body–the one for Lord’s Days, the other for working days. In testimony and for confirmation whereof the parties aforenamed have interchangeably set their hands and seals the day and year first above written.
Nicholas Bourguess, John Hardy,
Signed, sealed, and delivered in presence of us
Margaret Sewall, Jr.
Susannah Sewall.
Stephen Sewall, Notary Public and Justice Peace.