But it is undoubtedly in the legislation of the colonial period that one
finds the best reflection of colonial service, and one may say of it, as
Judge Sewall wrote to a friend when sending him a copy of the Statutes at
Large for 1684, “You will find much pleasant and profitable Reading in
it.”[79] Numerous acts were passed in all the colonies determining the
relation between masters and servants, and these laws were most explicit
in protecting the interests of both parties—a fact often indicated by the
very name of the act, as that of 1700 in Pennsylvania, entitled “For the
just encouragement of servants in the discharge of their duty, and the
prevention of their deserting their master’s or owner’s service.”[80]
In the legislation in regard to service and servants, it is impossible
always to discriminate between the general class of either bound or life
servants and the particular class of domestic employees. But the smaller
class was comprised in the larger, and household servants had the benefit
of all legislation affecting servants as a whole. Few or no laws were
passed specifically for the benefit of domestic employees.
These laws worked both ways. On the one hand, they were intended to
protect the servant from the selfishness and cruelty of those masters who
would be inclined to take advantage of their position; on the other hand,
they protected the master who had invested his capital in servants, and
asked protection for it at the hands of the law, as he sought protection
for any other form of property.
Several general classes of laws are found for the protection of servants.
The first provides that no servant, bound to serve his or her time
in a province, could be sold out of the province, without his or her
consent.[81] A second class of laws compelled masters and mistresses to
provide their servants with wholesome and sufficient food, clothing, and
lodging;[82] and a third provided that if a servant became ill during
the time of his service, his master should be under obligation to care
for him, and heavy penalties were sometimes incurred by a master who
discharged a servant when sick.[83]
Public-domain text, read in full here on John Shaqi.
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