Inside Spencer: The KSRL Blog

Counterparts and Crossed-out Prohibitions against Fornication; Or, Adventures in Indentures

September 26th, 2013

Anyone who has ever tried to read the fine print on a lease or an online click-through user agreement knows that contracts can at times be rather stultifying documents. Even in the early modern period, contracts used formulaic language that could be dry and impenetrable enough to put off all but the most dedicated reader. However the physical formats of these documents can be quite fascinating, especially to modern eyes.

An indenture is a legal contract between two or more parties which reflects an obligation or covenant between those parties. Common types of indentures include leases, bonds, apprenticeship agreements, and marriage agreements, to name a few.

Image of a lease indenture from the Kaye Family Estate Papers, 1639

Lease indenture between John Kaye of Denby Grange and lessee John North of Bankend for land in Almondbury in Yorkshire, 1639.  Kaye Family Estate Papers. Call Number: MS 240B: 111. Click image to enlarge.

The term “indenture” originally referred to the physical form of this contract. As a security and authentication measure, two or more copies of the deed would be written on the same piece of parchment (animal skin), usually head to head (i.e. with top of one copy facing the top of the other) and then the parchment would be cut in two in a wavy or zigzag pattern to produce the two copies of the contract. The authenticity of the indenture could then be validated by reuniting and matching its edges to those of its “counterpart.”

Image of an indenture and its counterpart matched along their serrated edges.

Indenture and counterpart matched along their scalloped edges. Lease between John Kaye, of Denby Grange and lessee John North of Bankend for land in Almondbury in Yorkshire, 1639. Kaye Family Estate Papers. Call Number: MS 240B: 110-111. Click image to enlarge.

In later years, it was not uncommon to see printed indentures–essentially “forms” in which the formulaic parts are printed and the particulars were added in manuscript.  Spencer’s English Historical Documents collection includes many printed apprenticeship indentures from the 19th century.  It is fascinating to see how the printed forms (still on parchment, mind you!) can be tailored to cover the specific details of a given agreement.  A common stipulation of such agreements was that the apprentice agree not to partake in a variety of activities that might negatively impact his Master or divert the apprentice’s attentions (“he shall not play at Cards, Dice, Tables, or any other unlawful Games…” nor “haunt Taverns or Playhouses, nor absent himself from his said Master’s Service Day or Night”).  In the case of the apprenticeship indenture of young Thomas Inkpen (who, based on his name, clearly missed his calling as a scrivener) to the tailor Dennis O’Leary (below), we can see that the prohibition against fornication or marriage has been struck out, leaving him free to marry during his seven-year term of apprenticeship. Indeed, this stipulation may have been omitted because Inkpen was already married or engaged. (It’s also interesting to note that Inkpen signs his own name, but O’Leary, the tailor to whom he will be apprenticed, signs only with his “mark.”)

Image of an apprenticeship indenture with fornication/marriage clause struck out, 1821.

Photograph of a detail from an apprenticeship indenture with clause prohibiting fornication/marriage struck out, 1821

Apprenticeship indenture of Thomas Inkpen to tailor Dennis O’Leary. February 28, 1821. English Historical Documents Collection. Call Number: MS 239:3818.  Click images to enlarge.

Female apprentices might also occasion the alteration of the printed part of the indenture, which most often assumed a male apprentice.  In the 1834 indenture of eleven year-old Rebecca Dale to  Richard Gray, a Tambour worker and Dressmaker, male pronouns on the printed part of the form have been crossed-out and replaced with female ones.

Image of an apprenticeship indenture form modified by hand for a female apprentice, 1834.

Detail from an apprenticeship indenture form with manuscript modifications for a female apprentice, 1834.

He to She and His to Her: Apprenticeship indenture for Rebecca Dale to Richard Gray, Tambour worker and Dress maker . December 13, 1834. English Historical Documents. Call Number: MS 239:3823. Click images to enlarge.

 Female apprentices soon became common enough that some printers left blanks on their forms to allow for the possibility.  Though the following 1842 indenture is for a boy, William Hicks, to be apprenticed to John Weekes, a Tinman, Coppersmith, and Brazier, the blanks permit it to accommodate a female apprentice with equal ease and even allow for a “Mistress” rather than a “Master.”

Image of apprenticeship indenture with blanks to accommodate both sexes, 1842

Image of a detail from a printed apprenticeship indenture with blanks to allow for either a master or mistress or a male or female apprentice

Fill in the blank: M(aster) or M(istress)? Indenture for William Hicks, Jr. to be apprenticed to John Weekes, Tinman, Coppersmith, and Brazier. November 28, 1842. English Historical Documents Collection. Call Number: MS 239: 3787.

Spencer’s English Historical Documents collection, comprising over 7000 English deeds and manorial, estate, probate and family documents dating roughly from 1200 to 1900, offers a rich resource for investigating the changing face of the indenture.  It also offers insight into two prominent English families, the Kayes of Yorkshire, and the North Family, whose illustrious members include Frederick North, Prime Minister of Great Britain during the American War of Independence.   An online finding aid is currently in progress, but in the interim we encourage interested researchers to contact us with their queries.

Elspeth Healey
Special Collections Librarian
[With special thanks to Mary Ann Baker, processing archivist for the English Historical Documents collection, for locating and identifying the counterparts referred to in this post.]

New Finding Aids Available

June 6th, 2013

Finding aids are inventories that help researchers navigate collections of manuscripts, organizational records, personal papers, and photographs. Please scroll down for a list of the Kenneth Spencer Research Library’s newest finding aids and then visit the library and explore!

Film still from The Cheat, 1915

Newly inventoried! A still from The Cheat (1915), part of a sizable collection of Movie Stills, 1895-1998, amassed by KU Professor of Film & Media Studies John C. Tibbetts. Call Number: MS 297, Box 1, Folder 72

 

 

To search across all of Spencer’s finding aids, please click here.

 

History in a Bottle

April 18th, 2013

Those of you who have visited the Kenneth Spencer Research Library in the past few months have discovered that we are in the midst of another small renovation project. This time, we are renovating our processing spaces, where books, manuscript collections, and other items are described and prepared for use. Our collections keep growing, while the space we have for these essential activities does not, so we are removing some interior walls and opening up some spaces to allow us to house materials more efficiently before and during processing, and also to refresh staff spaces. There has been some noise and some other disruption, but work is well underway, and we look forward to great results.

As part of this process, the in-wall exhibit case that had once welcomed visitors into the  space when it was the Kansas Collection reading room was removed. One day a few weeks ago, KU Libraries Associate Dean Kent Miller arrived at my office door with a small glass bottle. The demolition crew had found it in INSIDE the wall as they took down the case, so it was obviously placed there during construction.

Image of whisky bottle found during construction at the Kenneth Spencer Research Library.

This bottle of Grant’s Stand Fast Scotch (8 years old) is empty, but still has the tax sticker, and you can see a yellow notation of “238.” I have no idea what a half-pint of scotch costs now, so I’m not sure this would reasonably have been a price in the late 1960s—perhaps it means something entirely different. I am certainly not a historian of alcohol, international commerce, or product design. But I have been keeping this bottle in my office and thinking a lot about it lately as we continue to rethink the physical spaces that we inhabit.

First of all, this bottle was empty, so I’m wondering who drank it, and when. Was it a construction worker who brought it from home as a lark? Or was it consumed in situ? I have been told of a tradition where building workers leave behind something, like a mark that will be covered by paint, to claim their work. If this is the case, who could this bottle of scotch have served as a signature? Or perhaps a prankster staff member snuck it in during construction? Is the person who did this still in Lawrence, and have I unknowingly seen them at Dillon’s?

Forbidden substances, of course, have a colorful history in libraries, and the Spencer Library is no exception. We still prohibit food and drink in most areas, although we maintain a robust schedule of catered events, and our staff members have a comfortable break room as well. We are scrupulous about removing trash every day to discourage pests and protect collections even from a seemingly harmless glass of water. Smoking has been prohibited for decades, but I remember sneaking a smoke in what is now one of our classrooms when I was a student assistant, something that is inconceivable now. We certainly never would have expected whiskey-drinking construction workers to leave behind evidence, but we do still need to remind visitors that their Cokes and Skittles should be consumed outside.

I spend a lot of time imagining how these amazing spaces may evolve, and this small time capsule forces me to consider how it once was. The care and dedication and craftsmanship that led to this beautiful building reflects a time when even a utilitarian item like an alcohol bottle seems to have been created a little more carefully. The processes for printing both the duty stamp and the label itself were much more labor-intensive than in the computerized present. And while I celebrate the changes we have brought to make our library more functional, more inviting, and more comfortable, I’m tempted to raise a glass to the people who put that bottle in the wall forty-five years ago, reminding me of where we have been as we look towards where we want to go.

Beth M. Whittaker
Head of Kenneth Spencer Research Library

We’re Not Just About Papers

January 31st, 2013

When the Spencer Research Library receives a collection of personal papers it can sometimes include materials that aren’t papers at all. Further, the creator of the papers may just be the most famous of a whole constellation of friends and family members whose stories are also revealed in those papers.

This first came to my attention, as an assistant in the Processing Department, with the personal papers of E. H. S. Bailey (call number: PP 158).  Edgar Henry Summerfield Bailey arrived at the University of Kansas in the fall of 1883, where he taught chemistry for the next fifty years until his death in 1933. In addition to teaching he also authored the lyrics for the famous KU “Rock Chalk” chant and pioneered the detection and exposure of fraudulent practices on the part of food manufacturers in the early 20th century.

Late in his life, he took a great interest in genealogy, and his papers include much about his relatives in 19th century Connecticut. Among them, his maternal grandmother, Charity Birdsey Miller, is vividly represented by a surviving portrait in oil (artist unknown) that also arrived with the Bailey papers. A stern, sensible-looking woman, she is portrayed wearing eye glasses. Those spectacles are included with Bailey’s papers in the University Archives, as is the original case in which they were sold by a jeweler and optician in Meriden, Connecticut.

Portrait of Charity Birdsey Miller

Photograph of Charity Birdsey Miller's glasses and glasses case

Top: Portrait of Charity Birdsey Miller.  Personal Papers of E. H. S. Bailey.  Call Number:  PP 158, Oversize Folder 8.  Bottom: Charity Birdsey Miller’s eye glasses and eye glasses case.  Personal Papers of E. H. S. Bailey.  Call Number:  PP 158, Box 4, Folder 140. Click images to enlarge.

For further insight into the life of this woman, the collection includes her Last Will and Testament, as well as probate documents inventorying her possessions and their distribution among her three grown daughters.

Thus, a collection which might have been expected to address only the life of a Midwestern academic in the early 20th century can also be of great value in illuminating the life of a virtuous woman of modest property in early- and mid-19th century New England.

Larry M. Brow
Program Assistant,  Spencer Research Library Processing Department

Lastest Finding Aids and Additions to Finding Aids

December 20th, 2012

Trying to decide what you would like to do over the winter holidays?  Why not get a head start on your research?  Here is a list of the newest finding aids and additions to finding aids available at the Kenneth Spencer Research Library.  Please scroll down for images from three of these collections.

 

Image of "Free the KU Twelve" buttons

Image of Letter from Jennie Johnson to Will Johnson, January 26, 1886  Image of Letter from Ernest Boyd to Kenneth Reddin, October 14, 1936.

Top: “Free the KU Twelve” buttons. Gail J. Hamilton Collection. Call Number: PP 497: Box 1, Folder 26; Left: Letter from Jennie Johnson to Will Johnson, January 26, 1886. Jennie Johnson Collection. Call Number: RH MS P909: Folder 1; Right: Letter from Ernest Boyd to Kenneth Reddin, October, 14, 1936. Kenneth Reddin Collection. Call Number: MS 14: Box 3, Item C1. Click images to enlarge.