[76] Mass. Hist. Soc. Coll., Fifth Series, VIII., 427.
[77] Winthrop Papers, Pt. VI., 353-354, note.
[78] Trumbull, Blue Laws, p. 155.
[79] Mass. Hist. Soc. Coll., Sixth Series, II., 112.
[80] Purdon, Digest.
[81] Purdon, Digest, Act of 1700. In East New Jersey the privilege was restricted to white servants. Leaming and Spicer, Acts of East New Jersey, 1682. In Massachusetts no servant was to be put off for more than a year to another master without the consent of the Court. Body of Liberties, § 86, Act of 1672. In New York no servant, except one bound for life, could be assigned to another master for more than one year, except for good reason.—Laws of the Duke of York.
[82] Iredell, Acts of 1741, chap. XXIV., § 4; Leaming and Spicer, Acts of East New Jersey, 1682, chap. XXVI. Any white servant burdened beyond his strength, or deprived of necessary rest and sleep, could complain to the justice of the peace. This officer was empowered, first, to admonish the offending master; second, to levy on his goods to an amount not exceeding ten pounds; and third, to sell the servant’s time. Trott, Act of 1717. In New York and Massachusetts servants were to have convenient time for food and rest.—Laws of the Duke of York; Massachusetts, Act of 1672. In Maryland the penalty for insufficient meat, drink, lodging, and clothing, burdens beyond their strength, or more than ten lashes for one offence, was for the first and second offence a fine of not more than a thousand pounds of tobacco, and on the third offence the servant recovered his liberty. Permission to exceed ten lashes could be obtained from the Court, but the master could not inflict more than thirty-nine lashes.—Dorsey, Laws of 1715, chap. LXIV.
[83] Trumbull, Public Records, p. 263; Massachusetts, Act of 1700; Iredell, Acts of 1741, chap. XXIV. In North Carolina if a master did not use means for the recovery of a servant when ill, and turned him away, he forfeited five pounds for each servant so turned away, and if this was not sufficient the Court was empowered to levy an additional amount. Such servants on their recovery were to have their freedom, provided they had not brought the illness on themselves. In Connecticut if the injury came at the hands of the master or any member of his family, the master was obliged to provide for the maintenance of the servant, even after the expiration of his term of service, according to the judgment of the Court. But if the injury “came by any providence of God without the default of the family of the governor,” the master was released from the obligation of providing for him after his term of service expired. In South Carolina masters turning away sick or infirm servants were to forfeit twenty pounds.
[84] Leaming and Spicer, East New Jersey, 1682; Body of Liberties, § 87, Act of 1672; Laws of the Duke of York. In Maryland the Act of 1692 freed a mulatto girl whose master had cut off both her ears.
[85] Body of Liberties, § 85, Act of 1672; Laws of Connecticut, 1673.