The law that started the 'free market' in motion by ensuring the captive labor force needed to keep the wheel turning.
Ordinance of Laborers, 1349
A vain attempt by the king to freeze wages paid to laborers at their pre-plague levels, the ordinance is indicative of the labor shortage caused by the Black Death. It also shows the beginnings of the redefinition of societal roles.
The king to the sheriff of Kent, greeting. 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 labor to get their living; we, considering the grievous incommodities, which of the lack especially of ploughmen and such laborers may hereafter come, have upon deliberation and treaty with the prelates and the nobles, and learned men assisting us, of their mutual counsel ordained:
That every man and woman of our realm of England, of what condition he be, free or bond, able in body, and within the age of threescore years, not living in merchandise, nor exercising any craft, nor having of his own whereof he may live, nor proper land, about whose tillage he may himself occupy, and not serving any other, if he in convenient service, his estate considered, be required to serve, he shall be bounden to serve him which so shall him require; and take only the wages, livery, meed, or salary, which were accustomed to be given in the places where he oweth to serve, the twentieth year of our reign of England, or five or six other commone years next before. Provided always, that the lords be preferred before other in their bondmen or their land tenants, so in their service to be retained; so that nevertheless the said lords shall retain no more than be necessary for them; and if any such man or woman, being so required to serve, will not the same do, that proved by two true men before the sheriff or the constables of the town where the same shall happen to be done, he shall anon be taken by them or any of them, and committed to the next gaol, there to remain under strait keeping, till he find surety to serve in the form aforesaid.
Item, if any reaper, mower, or other workman or servant, of what estate or condition that he be, retained in any man's service, do depart from the said service without reasonable cause or license, before the term agreed, he shall have pain of imprisonment. And that none under the same pain presume to receive or to retain any such in his service.
Item, that no man pay, or promise to pay, any servant any more wages, liveries, meed, or salary than was wont, as afore is said; nor that any in other manner shall demand or receive the same, upon pain of doubling of that, that so shall be paid, promised, required, or received, to him which thereof shall feel himself grieved, pursuing for the same; and if none such will pursue, then the same to be applied to any of the people that will pursue; and such pursuit shall be in the court of the lord of the place where such case shall happen.
Item, if the lords of the towns or manors presume in any point to come against this present ordinance either by them, or by their servants, then pursuit shall be made against them in the counties, wapentakes, tithings, or such other courts, for the treble pain paid or promised by them or their servants in the form aforesaid; and if any before this present ordinance hath covenanted with any so to serve for more wages, he shall not be bound by reason of the same covenant, to pay more than at any other time was wont to be paid to such person; nor upon the said pain shall presume any more to pay.
Item, that saddlers, skinners, white-tawers, cordwainers, tailors, smiths, carpenters, masons, tilers, [shipwrights], carters, and all other artificers and workmen, shall not take for their labor and workmanship above the same that was wont to be paid to such persons the said twentieth year, and other common years next before, as afore is said, in the place where they shall happen to work; and if any man take more, he shall be committed to the next gaol, in manner as afore is said.
Item, that butchers, fishmongers, hostelers, breweres, bakers, puters, and all other sellers of all manner of victual, shall be bound to sell the same victual for a reasonable price, having respect to the price that such victual be sold at in the places adjoining, so that the same sellers have moderate gains, and not excessive, reasonably to be required according to the distance of the place from whence the said victuals be carried; and if any sell such victuals in any other manner, and thereof be convict in the manner and form aforesaid, he shalll pay the double of the same that he so received, to the party damnified, or, in default of him, to any other that will pursue in this behalf: and the mayors and bailiffs of cities, boroughs, merchant-towns, and others, and of the ports and places of the sea, shall have power to inquire of all and singular which shall in any thing offend the same, and to levy the said pain to the use of them at whose suit such offenders shall be convict; and in case that the same mayors or bailiffs be negligent in doing execution of the premises, and thereof be convict before our justices, by us to be assigned, then the same mayors and bailiffs shall be compelled by the same justices to pay the treble of the thing so sold to the party damnified, or to any other in default of him that will pursue; and nevertheless toward us they shall be grievously punished.
Item, because that many valiant beggars, as long as they may live of begging, do refuse to labor, giving themselves to idleness and vice, and sometime to theft and other abominations; none upon the said pain of imprisonment shall, under the color of pity or alms, give any thing to such, which may labor, or presume to favor them toward their desires, so that thereby they may be compelled to labor for their necessary living.
We command you, firmly enjoining, that all and singular the premises in the cities, boroughs, market towns, seaports, and other places in your bailiwick, where you shall think expedient, as well within liberties as without, you do cause to be publicly proclaimed, and to be observed and duly put in execution aforesaid; and this by no means omit, as you regard us and the common weal of our realm, and would save yourself harmless. Witness the king at Westminster, the 18th day of June. By the king himself and the whole council.
Like writs are directed to the sheriffs throughout England.
The king to the reverend father in Christ W. by the same grace bishop of Winchester, greeting. "Because a great part of the people," as before, until "for their necessary living," and then thus: And therefore we entreat you that the premises in every of the churches, and other places of your diocese, which you shall think expedient, you do cause to be published; directing the parsons, vicars, ministers of such churches, and others under you, to exhort and invite their parishioners by salutary admonitions, to labor, and to observe the ordinances aforesaid, as the present necessity requireth: and that you do likewise moderate the stipendiary chaplains of your said diocese, who, as it is said, do now in like manner refuse to serve without an excessive salary; and compel them to serve for the accustomed salary, as it behooveth them, under the pain of suspension and interdict. And this by no means omit, as you regard us and the common weal of our said realm. Witness, etc. as above. By the king himself and the whole council.
Like letters of request are directed to the serveral bishops of England, and to the keeper of the spiritualities of the archbishopric of Canterbury, during the vacancy of the see, under the same date.
Ordinance of Labourers
The Ordinance of Labourers was a piece of legislation consisting of regulations and price controls issued by King Edward III of England in June 18, 1349. The ordinance was issued in response to the 1348-1350 outbreak of the Black Death in England. During this outbreak, an estimated 30-40% of the population died. [http://www.cf.ac.uk/hisar/teach/history/projects/plague/economy.html] The decline in population left surviving workers in great demand in the agricultural economy of Britain. Landowners had to face the choice of raising wages to compete for workers or letting their lands go unused. Wages for labourers rose and translated into inflation across the economy as goods became more expensive to produce.
The wealthy elites suffered under the sudden economic shift. Difficulties in hiring labour created frustration. John Gower commented on post-plague labourers: "they are sluggish, they are scarce, and they are grasping. For the very little they do they demand the highest pay." [http://www.cf.ac.uk/hisar/teach/history/projects/plague/economy.html]
The ordinance which required several things including:
* Everyone under 60 must work.
* Employers must not hire excess workers
* Employers may not pay and workers may not receive wages higher than pre-plague levels
* Food must be priced reasonably with no excess profit
The ordinance has largely been seen as ineffective. Despite the English parliament's attempt of reinforcing the ordinance with the Statute of Labourers of 1351, workers continued to command higher wages and the majority of England (those in the labouring class) enjoyed a century of relative prosperity before the ratio of labor to land restored the pre-plague levels of wages and prices. While the economic situation eventually reverted, the plague radically altered the social structure of English society.
* [http://www.cf.ac.uk/hisar/teach/history/projects/plague/economy.html The Plague and England]
* [http://www.bbc.co.uk/history/british/middle_ages/blacksocial_01.shtml BBC History, social effects of the plague]
* [http://www.fordham.edu/halsall/seth/ordinance-labourers.html Text of the Ordinance of Laborers, 1349]
* [http://www.britannia.com/history/docs/laborer1.html another source for the text]
Statute of Laborers, 1351
Representative of the long-term problems of labor shortage caused by the Black Death, the Statute of Laborers was a vain attempt to enforce the Ordinance of Laborers, which had in theory frozen wages at their pre-plague levels. While showing the attitudes of the nobility toward the commoners, this statute also shows the attitudes of the commoners toward the nobility.
Whereas late against the malice of servants, which were idle, and not willing to serve after the pestilence, without taking excessive wages, it was ordained by our lord the king, and by the assent of the prelates, nobles, and other of his council, that such manner of servants, as well men as women, should be bound to serve, receiving salary and wages, accustomed in places where they ought to serve in the twentieth year of the reign of the king that now is, or five or six years before; and that the same servants refusing to serve in such manner should be punished by imprisonment of their bodies, as in the said statute is more plainly contained: whereupon commissions were made to divers people in every county to inquire and punish all them which offend against the same: and now forasmuch as it is given the king to understand in this present parliament, by the petition of the commonalty, that the said servants having no regard to the said ordinance, but to their ease and singular covetise, do withdraw themselves to serve great men and other, unless they have livery and wages to the double or treble of that they were wont to take the said twentieth year, and before, to the great damage of the great men, and impoverishing of all the said commonalty, whereof the said commonalty prayeth remedy: wherefore in the said parliament, by the assent of the said prelates, earls, barons, and other great men, and of the same commonalty there assembled, to refrain the malice of the said servants, be ordained and established the things underwritten:
First, that carters, ploughmen, drivers of the plough, shepherds, swineherds, deies [dairy maids], and all other servants, shall take liveries and wages, accustomed the said twentieth year, or four years before; so that in the country where wheat was wont to be given, they shall take for the bushel ten pence, or wheat at the will of the giver, till it be otherwise ordained. And that they be allowed tos erve by a whole year, or by other usual terms, and not by the day; and that none pay in the time of sarcling [hoeing] or hay-making but a penny the day; and a mower of meadows for the acre five pence, or by the day five pence; and reapers of corn in the first week of August two pence, and the second three pence, and so till 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 such workmen bring openly in their hands to the merchant-towns their instruments, and there shall be hired in a common place and not privy.
Item, that none take for the threshing of a quarter of wheat or rye over 2 d. ob. [2 1/2 d.] and the quarter of barley, beans, pease, and oats, 1 d. ob. if so much were wont to be given; and in the country where it is used to reap tby certain sheaves, and to thresh by certain bushels, they shall take no more nor in other manner than was wont the said twentieth year and before; and that the same servants be sworn two times in the year before lords, stewards, bailiffs, and constables of every town, to hold and do these ordinances; and that none of them go out of the town, where he dwelleth 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 labor in other counties, and safely return, as they were wont to do before this time: and that those, which refuse to take such oath or to perform that that they be sworn to, or have taken upon them, shall be put in the stocks by the said lords, stewards, bailiffs, and constables of the towns by three days or more, or sent to the next gaol, there to remain, till they will justify themselves. And that stocks be made in every town for such occasion betwixt this and the feast of Pentecost.
Item, that carpenters, masons, and tilers, and other workmen of houses, shall not take by teh dayu for their work, but in manner as they were wont, that is to say: a master carpenter 3 d. and another 2 d.; and master free-stone mason 4 d. and other masons 3 d. and their servants 1 d. ob.; tilers 3 d. and their knaves 1 d. ob.; and other coverers of fern and straw 3 d. and their knaves 1 d. ob.; plasterers and other workers of mudwalls, and their knaves, by the same manner, without meat or drink, 1 s. from Easter to Saint Michael; and from that time less, according to the rate and discretion of the justices, which should be thereto assigned: and that they that make carriage by land or by water, shall take no more for such carriage to be made, than they were wont the said twentieth year, and four years before.
Item, that cordwainers and shoemakers shall not sell boots nor shoes, nor none other thing touching their mystery, in any other manner than they were wont the said twentieth year: item, that goldsmiths, saddlers, horsemsiths, spurriers, tanners, curriers, tawers of leather, tailors, and other workmen, artificers, and laborers, and all other servants here not specified, shall be sworn before the justices, to do and use their crafts and offices in the manner they were wont to do the said twentieth year, and in time before, without refusing the same because of this ordinance; and if any of the said servants, laborers, 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 said stewards, bailiffs, and constables of the said towns, be sworn before the same justices, to inquire 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 on certificate of the same stewards, bailiffs, and constables, of the names of the rebels, shall do them to be attached by their body, to be before the said 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 till they have found surety, to serve, and take, and do tehir 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 be another time convict, he shall have imprisonment of a quarter of a year, so that at every time that he offendeth and is convict, he shall have double pain: and that the same justices, at every time that they come [into the country], shall inquire of the said stewards, bailiffs, and constables, if they have made a good and lawful certificate, or any conceal for gift, procurement, or affinity, and punish them by fine and ransom, if they be found guilty: and that the same justices have power to inquire and make due punishment of the said ministers, laborers, workmen, and other servants; and also of hostelers, harbergers [those who provide lodging], and of those that sell victual by retail, or other things here not specified, as well at 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 other under them, as many and such as they shall see best for the keeping of the same ordinance; and that they which will sue against such servants, workmen, laborers, [and artificers], for excess taken of them and they be thereof attainted at their suit, they shall have again such excess. And in case that none will sue, to have again such excess, then it shall be levied of the said servants, laborers, workmen, and artificers, and delivered to the collectors of the Quintzime [the tax known as the "Fifteenth"], in alleviation of the towns where such excesses were taken.