The law went even further and protected servants against unjust cruelty,
especially against every form of bodily maiming. If a white servant lost
an eye or a tooth at the hands of his master or mistress, he gained his
freedom, and could sometimes recover further compensation, if the Court
so adjudged.[84] If servants fled from the cruelty of their master, they
were to be protected, though notice of such protection was to be sent
to the master and the magistrate.[85] In New York if a master or dame
tyrannically and cruelly abused a servant, the latter could complain
to the constable and overseers, who were instructed to admonish the
master on the first offence, and on the second, to protect the servant
in the house until relief could be obtained through the Courts.[86]
In North Carolina no Christian servant could be whipped without an
order from the justice of the peace; if any one presumed so to do, the
person offending was to pay forty shillings to the party injured.[87]
Immoderate punishment also subjected the master to appear before the
County Court to answer for his conduct.[88] When New Jersey became a
royal province in 1702, the instructions of the Crown to Lord Cornbury
included a provision that he should “endeavor to get a Law past for the
restraining of any inhuman Severity, which by ill Masters or Overseers,
may be used towards their Christian Servants, and their Slaves, and
that Provision be made therein, that the wilfull killing of Indians and
Negroes may be punished with Death, and that a fit Penalty be imposed
for the maiming of them.”[89] Moreover, in North Carolina complaints of
servants against their masters could be heard without formal process of
action.[90] In Pennsylvania the law of 1771 provided that every indented
servant should obtain a legal residence in the city or place where he
or she had first served his or her master sixty days, or if he had
afterwards served twelve months in any other place, he was at liberty to
choose his residence in either place. In South Carolina a master denying
a certificate at the expiration of a servant’s time was to forfeit two
pounds.[91]
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