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Indenture for Illegitimate Children

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Dublin Core

Title

Indenture for Illegitimate Children

Subject

Colonial Virginia

Description

On October 16, 1776, the four illegitimate children of Sarah Martin became apprentices to Mr. Sackville King, who operated an Ordinary known as Cuckoo Tavern. The Tavern became famous as the departure point for the Jack Jouett on his famous ride to warm Gov. Thomas Jefferson that the British were coming to capture him at Monticello.

The document of indenture is signed by two wardens of Trinity Parish, William Hughes and Thomas Johnson. While the race and exact circumstances surrounding the ordeal of the Martin children are unknown, it was common and expected that illegitimate children be given placements (for temporary servitude) to ensure the local parish did not have to pay for the children's living expenses.

Children were deemed illegitimate if they were the products of unmarried couples or couples whose unions were not recognized as marriages by the church and legal system.

Sometimes, the children would have the opportunity to learn about particular trades and gain skills that could help them obtain jobs after their indentured servant-hood ended. In this particular indenture, it is stated that the female children would learn "the common business that belongs to a woman" and the male children would learn "the trade of Business of a Carpentar [sic]."

Molly and Sally, the two girls, would serve their Master until their eighteenth birthdays; Edmond and Sidner Martin would remain indentured until their twenty-first birthdays.

As referenced in the Hening Statutes, during the reign of George II, "An act for the better government of servants and slaves" was passed in 1753. The language of the act makes clear the importance of issues concerning the accidental and intentional classification of free individuals as enslaved. This act sought to provide some protections to those placed in positions in which they could be easily victimized. Laws such as this would prevent the Martin children (if mulatto or born to a free African-American mother) from being sold as slaves.

An addendum, under the rule of George III, was written and enacted in 1765: "... besides the punishment inflicted on the mother of such bastard, the church-wardens shall bind the said child to be a servant until it shall be thirty-one years of age, which is an unreasonable severity towards such children: And be it further enacted, by the authority aforesaid, That from and after the passing of this act the church-wardens shall bind out such bastard children already born, either of white women servants or of free christian white women, to serve, the males to the age of twenty-one years, and the females to the age of eighteen years only, and no longer; any thing in the said in part recited act to the contrary thereof, in any wise, notwithstanding." As previously noted, the races of Sarah Martin and her children are unknown; however, the act of 1765 ensured that servants and their children, of all races, would only serve until a particular age.

Source

Louisa County Historical Society Archives Cosby Familly Papers

Publisher

Louisa County Historical Society

Date

October 16, 1776

Rights

Louisa County Historical Society Copyright Policy

Language

English

Type

Document

Identifier

054_2010_12_xxx

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