Statute of Labourers 1351

Last updated

Act of Parliament
Coat of Arms of Edward III of England (1327-1377) (Attributed).svg
Parliament of England
Citation 25 Edw. 3. Stat. 2
Other legislation
Repealed by Statute Law Revision Act 1863
Status: Repealed

The Statute of Labourers was a law created by the English Parliament under King Edward III in 1351 in response to a labour shortage, which aimed at regulating the labour force by prohibiting requesting or offering a wage higher than pre-Plague standards and limiting movement in search of better conditions. [1] The popular narrative about its success and enforcement holds that it was poorly enforced and did not stop the rise in real wages. [2] However, immediately after the Black Death, real wages did not rise, despite the labour shortage. [3]

Contents

Background

The Black Death, a pandemic of bubonic plague, killed more than one-third of the population of Europe [4] and 30–40% of the population in Britain [5] and caused a dramatic decrease in the supply of labour. Landowners suddenly faced a sharp increase in competition for workers to work for them. Labourers had increased bargaining power and commanded higher wages. The increase in labour cost also led to inflation throughout the economy. The elite class lamented the sudden shift in economic power. In an attempt to control labour costs and price levels, Edward III issued the Ordinance of Labourers 1349. Parliament attempted to reinforce the Ordinance with the Statute of Labourers. It was one of the causes, among others, of the Peasants' Revolt in 1381.

Content

The statute set a maximum wage for labourers that was commensurate with wages paid before the Black Death, specifically, in the year 1346. It also mandated that able-bodied men and women should work and imposed harsh penalties for those who remained idle. [6] [ failed verification ]

It required:

That every person, able in body and under the age of 68 years, not having enough to live upon, being required, shall be bound to serve him that doth require him, or else be committed to gaol until he shall find surety to serve, and that the old wages shall be given and no more; whereas lately it was ordained by our lord king and by the assent of the prelates, earls, barons and others of his council, against the malice of servants who were idle and not willing to serve after the AM pestilence without excessive wages, that such manner of servants, men as well as women, should be bound to serve, receiving the customary salary and wages in the places where they are bound to serve in the twentieth year of the reign [1347] of the king that now is, or five or six years before, and that the same servants refusing to serve in such a manner should be punished by imprisonment of their bodies, as is more plainly contained in the said statute. Whereupon commissions were made to diverse people in every county to enquire and punish all those who offend against the same. And now for as much as it is given to the king to understand in the present parliament by the petition of the commons that the servants having no regard to the ordinance but to their ease and singular covetousness, do withdraw themselves from serving great men and others, unless they have livery and wages double or treble of what they were wont to take in the twentieth year and earlier, to the great damage of the great men and impoverishment of all the commonality; whereof the commonality prays remedy. Wherefore in the parliament by the assent of the prelates, earls, barons, and those of the commonality assembled there, in order to refrain the malice of the servants, there are ordained and established the underwritten articles.

Item that carters, ploughmen, drivers of ploughs, shepherds, swineherds, day men, and all other servants shall take the liveries and wages accustomed in the twentieth year or four years before so that in the countryside where the wheat was wont to be given they shall take for the bushel 10 d, or wheat at the will of the giver until it be otherwise ordained. And that they be hired to serve by a whole year, or by other usual terms, and not by the day; and that none pay at haymaking time more than a penny a day; and a mower of meadows for the acre 5 d, or 5 d by the day; and reapers of corn in the first week of August 2 d, and the second 3 d and so on until the end of August and less in the country where less was wont to be given, without meat or drink, or other courtesy to be demanded, given, or taken; and that all workmen bring their tools openly in their hands to the merchant towns, and they shall be hired there in a common place and not privately.

Item that none take for the threshing of a quarter of wheat or rye over 2½ d and the quarter of barley, beans, peas and oats 1½ d, if so much were wont to be given. And in the country where it is usual to reap by certain sheaves and to thresh by certain bushels they shall take no more nor in other manner than was wont the said twenty year and before, and that the same servants be sworn two times a year before lords, stewards, bailiffs and constables of every town to observe and perform these ordinances; and that none of them go out of the town where he lives in the winter to serve the summer if he may serve in the same town, taking as before is said. Saving that the people of the counties of Stafford, Lancaster, and Derby, and people of Craven and of the marches of Wales and Scotland, and other places may come in time of August and labour in other counties, and safely return as they were wont to do before this time; and that those who refuse to make such oath, or to not perform as they were sworn to do or have taken upon them shall be put in the stocks by the said lords, stewards, bailiffs and constables of the towns for three days or more or sent to the next gaol, there to remain until they satisfy themselves. And that stocks be made in every town for such occasion, between now and the feast of Pentecost.

Item that carpenters masons and tilers and other workmen of houses shall not take by the day further work except in the manner as they were wont to do, that is to say, a master carpenter 3 d and other carpenters 2 d; a master mason 4 d and other masons 3 d and their servants 1½ d; tilers 3 d and their boys 1½ d; and other coverers of fern and straw 3 d and their boys 1½ d; plasterers and other worker of mud walls and their boys, in the same manner without meat and drink that is from Easter to Michaelmas and from that time less according to the rate and discretion of the justices who shall be assigned thereunto. And those who carry by land or by water shall take no more for such carriage to be made than they were wont to do in the said twentieth year and four years before.

Item that cordwainers and shoemakers shall not sell boots or shoes nor any other thing touching their craft, in any other manner than they were wont to do in the said twentieth year.

Item that goldsmiths, saddlers, horsesmiths spurriers, tanners, corriers, tawers of leather, tailors and other workmen, artificers and labourers, and all other servants not here specified, shall be sworn before the justices, and do use their crafts and offices in this manner as they were wont to do the said twentieth year, and in the time before, without refusing the same because of this ordinance, and if any of the said servants, labourers, workmen or artificers, after such oath made, come against this ordinance, he shall be punished by fine and ransom and imprisonment after the discretion of the justices.

Item that the stewards, bailiffs and constables of the said towns be sworn before the same justices to enquire diligently by all the good ways they may, of all them that come against this ordinance and to certify the same justices of their names at all times, when they shall come into the country to make their sessions, so that the same justices upon the certificate of the said stewards, bailiffs, and constables, of the names of the rebels shall cause their bodies to be attached before the justices, to answer of such contempts so that they make fine and ransom to the king in case they be attainted, and moreover to be commanded to prison there to remain until they have found surety to serve and take and do their work and to sell things vendible in the manner aforesaid. And in case that any of them come against his oath and be thereof attainted, he shall have imprisonment of forty days, and if he is convicted another time, he shall be imprisoned for a quarter of a year so that every time he offends and is convicted he shall have double pain. And that the same justices at every time they come into the country shall enquire of the said stewards, bailiffs and constables if they have made a good and lawful certificate or any concealment for gift, procurement or affinity, and punish them by fine and ransom if they are found guilty. And that the same justices have power to enquire and make due punishment of the said ministers, labourers, workmen and other servants, and also of hostlers, harbergers and all those that sell victuals by retail or other things here not specified, as well as the suit of the party as by presentment, and to hear and determine and put the things in execution by the exigend after the first capias if need be and to depute others under them, as many and such as they shall see best for the keeping of the same ordinances, and that they that will sue against such servants, workmen, labourers and artificers for excess taken of them, and they are attained thereof at their suit, they shall have again such excess. And in case none will sue to have again such excess then it shall be levied of the said servants, labourers, workmen and artificers and delivered to the collectors of the fifteenth in alleviation of the town where such excesses were taken.

Item that no sheriffs constables, bailiffs, and gaolers, the clerks of the justices or of the sheriffs nor other ministers whatsoever they be take any thing for the cause of their office of the same servants for fees, suit of prison or other manner and if they have any thing taken in such manner they shall deliver the same to the collectors of tenths and fifteenths in aid of the commons for the time that the tenth and fifteenth runs, as well for the time past as the time to come, and that the said justices enquire in their sessions if the said ministers have any thing received of the same servants, and that they shall find by such inquests that the said ministers have received, the same justices shall levy of every of the said ministers and deliver to the said collectors, together with the excess and fines and ransom made, and also the amercements of all them that shall be amerced before the said justices, in alleviation of the said towns as before is said. And in case the excess found in one town exceeds the quantity of the fifteenth of the same town the remnant of such excess shall be levied and paid by the said collectors to the next poor town, in aid of their fifteenth, by advice of the said justices, and that the fines and ransoms, excesses and amercements of the said servants, labourers and artificers for the time to come, running of the said fifteenth be delivered to the said collectors in the form aforesaid by indentures to be made between them and the said justices so that the same collectors may be charged upon the account by the same indentures in case that the said fines ransoms, amercements and excesses be not paid in aid of the said fifteenth. And when the fifteenth ceases, it shall be levied to the king's use and answered to him by the sheriffs of the counties.

Item that the justices make their sessions in all English counties at least four times each year, that is to say at the feasts of the Annunciation of Our Lady, St Margaret, St Michael and St Nicholas, and also at all times that shall be necessary, according to the discretion of the justices, and those who speak in the presence of the justices or do other things in their absence or presence in encouragement or maintenance of the servants, labourers or craftsmen against this ordinance, shall be grievously punished by the discretion of the justices. And if any of the servants, labourers or artificers flee from one county to another, because of this ordinance, then the sheriffs of the counties where such fugitives shall be found shall cause them to be taken at the commandment of the said justices of the counties from where they flee, and bring them to the chief gaol of the shire there to abide until the next sessions of the justices. And that the sheriffs return the same commandments before the same justices at their next sessions. And that this ordinance be held and kept as well in the city of London as in other cities and boroughs, and other places throughout the land, within franchises as well as without.

Consequences

The statute's changes failed to take into account the changing economic conditions during the Black Death, and furthermore the period from which wage levels were taken was one of economic depression in England as a result of the Hundred Years' War. Therefore, wages during the Black Death were set even lower to match those during this depression. In practice, the statute was poorly enforced and unsuccessful, but it set a precedent that distinguished between labourers who were "able in body" to work and those who could not work for whatever reasons. This distinction resurfaced in later laws regarding poverty.

The Statute of Labourers (and its counterpart, the Ordinance of Labourers) was, of course, very unpopular with the peasants, who wanted higher wages and better living standards, and was a contributing factor to subsequent peasant revolts, most notably the English peasants' revolt of 1381. Similar processes happened throughout Europe – wage caps following a labour shortage after the Black Death resulting in popular revolts.

The statute was poorly enforced in most areas (and even then, typically only against laborers and not employers), and farm wages in England on average doubled between 1350 and 1450. [7]

Repeal

It was repealed by the Statute Law Revision Act 1863. [6]

See also

Notes

  1. ↑ Poos, L. R. (1983). "The Social Context of Statute of Labourers Enforcement". Law and History Review 1:1. pp. 27–52. Accessed 15 January 2020. doi : 10.2307/744001.
  2. ↑ Poos (1983)
  3. ↑ Munro, John. "Before and After the Black Death" (PDF): 352.{{cite journal}}: Cite journal requires |journal= (help)
  4. ↑ Benedictow, Ole Jørgen (2021). The complete history of the black death. Woodbridge: The Boydell press. pp. 869–877. ISBN   978-1-78327-516-8.
  5. ↑ Russell, Josiah Cox (1948). British medieval population. pp. 220–223 – via Internet Archive.
  6. 1 2 Statute Law Revision Act 1863, 26 & 27 Vict c. 125, Schedule
  7. ↑ Gregory Clark (2007). "The long march of history: Farm wages, population, and economic growth, England 1209–1869". Economic History Review 60.1: 97–135. p. 36.

Related Research Articles

<i>The Wealth of Nations</i> 1776 work on economics by Adam Smith

An Inquiry into the Nature and Causes of the Wealth of Nations, generally referred to by its shortened title The Wealth of Nations, is the magnum opus of the Scottish economist and moral philosopher Adam Smith (1723–1790). First published in 1776, the book offers one of the world's first connected accounts of what builds nations' wealth, and has become a fundamental work in classical economics. Reflecting upon economics at the beginning of the Industrial Revolution, Smith addresses topics such as the division of labour, productivity, and free markets.

Bissext, or bissextus is the leap day which is added to the Julian calendar and the Gregorian calendar every fourth year to compensate for the roughly six-hour difference in length between the common 365-day year and the actual length of the solar year.

<span class="mw-page-title-main">Ordinance of Labourers 1349</span> English price and wage control decree

The Ordinance of Labourers 1349 is often considered to be the start of English labour law. Specifically, it fixed wages and imposed price controls; required all those under the age of 60 to work; prohibited the enticing away of another's servants; and other terms.

Because a great part of the people, and especially of workmen and servants late died of the pestilence, many seeing the necessity of masters, and great scarcity of servants, will not serve unless they may receive excessive wages, and some rather willing to beg in idleness, than by labour to get their living; we, considering the grievous incommodities, which of the lack especially of ploughmen and such labourers may hereafter come, have upon deliberation and treaty with the prelates and the nobles, and learned men assisting us, of their counsel ordained:

<span class="mw-page-title-main">Watchman (law enforcement)</span> Law enforcement occupation

Watchmen were organised groups of men, usually authorised by a state, government, city, or society, to deter criminal activity and provide law enforcement as well as traditionally perform the services of public safety, fire watch, crime prevention, crime detection, and recovery of stolen goods. Watchmen have existed since earliest recorded times in various guises throughout the world and were generally succeeded by the emergence of formally organised professional policing.

Truck Acts is the name given to legislation that outlaws truck systems, which are also known as "company store" systems, commonly leading to debt bondage. In England and Wales such laws date back to the 15th century.

The Virginia Slave Codes of 1705, were a series of laws enacted by the Colony of Virginia's House of Burgesses in 1705 regulating the interactions between slaves and citizens of the crown colony of Virginia. The enactment of the Slave Codes is considered to be the consolidation of slavery in Virginia, and served as the foundation of Virginia's slave legislation. All servants from non-Christian lands became slaves. There were forty one parts of this code each defining a different part and law surrounding the slavery in Virginia. These codes overruled the other codes in the past and any other subject covered by this act are canceled.

<span class="mw-page-title-main">Profane Oaths Act 1745</span> United Kingdom legislation

The Profane Oaths Act 1745 was an Act of the Parliament of Great Britain passed in 1746, in effect from 1 June 1746, and formally repealed in 1967. It established a system of fines payable for "profane cursing and swearing".

The history of competition law refers to attempts by governments to regulate competitive markets for goods and services, leading up to the modern competition or antitrust laws around the world today. The earliest records traces back to the efforts of Roman legislators to control price fluctuations and unfair trade practices. Throughout the Middle Ages in Europe, kings and queens repeatedly cracked down on monopolies, including those created through state legislation. The English common law doctrine of restraint of trade became the precursor to modern competition law. This grew out of the codifications of United States antitrust statutes, which in turn had considerable influence on the development of European Community competition laws after the Second World War. Increasingly, the focus has moved to international competition enforcement in a globalised economy.

United Kingdom competition law is affected by both British and European elements. The Competition Act 1998 and the Enterprise Act 2002 are the most important statutes for cases with a purely national dimension. However, prior to Brexit, if the effect of a business' conduct would reach across borders, the European Commission has competence to deal with the problems, and exclusively EU law would apply. Even so, the pre-Brexit section 60 of the Competition Act 1998 provides that UK rules are to be applied in line with European jurisprudence. Like all competition law, that in the UK has three main tasks.

<span class="mw-page-title-main">Vagrancy</span> Condition of homelessness without regular employment or income

Vagrancy is the condition of wandering homelessness without regular employment or income. Vagrants usually live in poverty and support themselves by travelling while engaging in begging, scavenging, petty theft. Historically, vagrancy in Western societies was associated with petty crime, begging and lawlessness, and punishable by law with forced labor, military service, imprisonment, or confinement to dedicated labor houses.

The History of labour law in the United Kingdom concerns the development of UK labour law, from its roots in Roman and medieval times in the British Isles up to the present. Before the Industrial Revolution and the introduction of mechanised manufacture, regulation of workplace relations was based on status, rather than contract or mediation through a system of trade unions. Serfdom was the prevailing status of the mass of people, except where artisans in towns could gain a measure of self-regulation through guilds. In 1740 save for the fly-shuttle the loom was as it had been since weaving had begun. The law of the land was, under the Act of Apprentices 1563, that wages in each district should be assessed by Justices of the Peace. From the middle of the 19th century, through Acts such as the Master and Servant Act 1867 and the Employers and Workmen Act 1875, there became growing recognition that greater protection was needed to promote the health and safety of workers, as well as preventing unfair practices in wage contracts.

<span class="mw-page-title-main">Statute of Artificers 1562</span> English act of parliament

The Statute of Artificers 1562 or the Artificers and Apprentices Act 1562 was an Act of Parliament of England, under Queen Elizabeth I, which sought to fix prices, impose maximum wages, restrict workers' freedom of movement and regulate training. The causes of the measures were short-term labour shortages due to mortality from epidemic disease, as well as, inflation, poverty, and general social disorder. Local magistrates had responsibility for regulating wages in agriculture. Guilds regulated wages of the urban trades. Effectively, it transferred to the newly forming English state the functions previously held by the feudal craft guilds. The measure sought to make agriculture a trade and a national priority of employment.

The Inter-State Migrant Workmen Act, 1979 was an Act of the Parliament of India enacted to regulate the condition of service of inter-state labourers in Indian labour law. The Act's purpose was to protect workers whose services are requisitioned outside their native states in India. Whenever an employer faces shortage of skills among the locally available workers, the act created provision to employ better skilled workers available outside the state. The act was replaced by the Occupational Safety, Health and Working Conditions Code, 2020

<span class="mw-page-title-main">Hiring and mop fairs</span> Fairs where labourers were hired

Hiring fairs, also called statute or mop fairs, were regular events in pre-modern Great Britain and Ireland where labourers were hired for fixed terms. They date from the time of Edward III, and his attempt to regulate the labour market by the Statute of Labourers in 1351 at a time of a serious national shortage of labour after the Black Death. Subsequent legislation, in particular the Statute of Apprentices of 1563, legislated for a particular day when the high constables of the shire would proclaim the stipulated rates of pay and conditions of employment for the following year. Because so many people gathered at a fair, it quickly turned into the major place for matching workers and employers. Hiring fairs continued well into the 20th century, up to the Second World War in some places but their function as employment exchanges was diminished by the Corn Production Act 1917. This legislation guaranteed minimum prices for wheat and oats, specified a minimum wage for agricultural workers and established the Agricultural Wages Board, to ensure stability for farmers and a share of this stability for agricultural workers.

Refusing to assist a police officer, peace officer or other law enforcement officer is an offence in various jurisdictions around the world. Some jurisdictions use the terminology '"refusing to aid a police officer" or "failure to aid a police officer".

<span class="mw-page-title-main">Spanish Company</span>

The Spanish Company was an English chartered company or corporate body established in 1530, and 1577, confirmed in 1604, and re-established in 1605 as President, Assistants and Fellowship of Merchants of England trading into Spain and Portugal, whose purpose was the facilitation and control of English trade between England and Spain through the establishment of a corporate monopoly of approved merchants.

In the United States, there is no consistent use of the office of constable throughout the states; use may vary within a state. A constable may be an official responsible for service of process: such as summonses and subpoenas for people to appear in court in criminal and/or civil matters. They can also be fully empowered law enforcement officers. Constables may have additional specialized duties unique to the office. In some states the constable is an elected or appointed position at the state or local level of local government. Their jurisdiction can vary from statewide to county/parish and local township boundaries based on the state's laws.

References

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.