Many of these bond servants sold themselves into servitude, others
were disposed of through emigration brokers,[34] and still others were
kidnapped, being enticed on shipboard by persons called “spirits.”[35]
The form of indenture was simple, and varied but little in the different
colonies. Stripped of its cumbersome legal phraseology, it included the
three main points of time of service, the nature of the service to be
performed, although this was usually specified to be “in any such service
as his employer shall employ him,” and the compensation to be given.[36]
It sometimes happened that servants came without indenture. In such
cases the law expressly and definitely fixed their status, though it
was found extremely difficult to decide upon a status that could be
permanent. Virginia, in particular, for a long time found it impossible
to pass a law free from objections, and its experience will illustrate
the difficulties encountered elsewhere. An early law in Virginia provided
that if a servant came without indenture, he or she was to serve four
years if more than twenty years old, five years if between twelve and
twenty years of age, and seven years if under twelve.[37] Subsequently
it was provided that all Irish servants without indenture should serve
six years if over sixteen and that all under sixteen should serve until
the age of twenty-four,[38] and this was again modified into a provision
requiring those above sixteen years to serve four years and those
under fifteen to serve until twenty-one, the Court to be the judge of
their ages.[39] It was soon found, however, that the term of six years
“carried with it both rigour and inconvenience” and that thus many were
discouraged from coming to the country, and “the peopling of the country
retarded.” It was therefore enacted that in the future no servant of any
Christian nation coming without indenture should serve longer than those
of the same age born in the country.[40] But as the law was also made
retroactive, it was soon ordained that all aliens without indenture could
serve five years if above sixteen years of age and all under that until
they were twenty-four years old, “that being the time lymitted by the
laws of England.”[41] This arrangement was equally unsatisfactory, since
it was found that under it “a servant if adjudged never soe little under
sixteene yeares pays for that small tyme three yeares service, and if he
be adjudged more the master looseth the like.” It was then resolved that
if the person were adjudged nineteen years or over he or she should serve
five years, and if under that age then as many years as he should lack
of being twenty-four.[42] This provision was apparently satisfactory,
subsequent laws varying only in minor provisions concerning the details
of the Act.[43]
The condition of the redemptioners seems to have been, for the most part,
an unenviable one. George Alsop, it is true, writes in glowing terms of
the advantages enjoyed in Maryland:
Public-domain text, read in full here on John Shaqi.
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