The edict was probably directed more against the drain of treasure than against the emigration of people; but this not uninteresting question really belongs to other historians, who do not appear to have dealt with it[340].
On the 18th of June, 1350, the first summer after the mortality, there was issued the first proclamation, to the sheriffs of counties, on the demands of the labourers and artificers for higher wages, entitled “De magna parte populi in ultima pestilentia defuncta, et de servientium salariis proinde moderandis[341].” The preamble or motive is one that cannot but seem strange to modern ideas, although it must have been correct and conventional according to feudal notions: “Forasmuch as some, having regard to the necessities of lords and to the scarcity of servants, are unwilling to serve unless they receive excessive wages, while others prefer to beg in idleness, rather than to seek their living by labour—be it therefore enacted that any man or woman, bond or free, under the age of sixty, and not living by a trade or handicraft, nor possessing private means, nor having land to cultivate, shall be obliged, when required, to serve any master who is willing to hire him or her at such wages as were usually paid in the locality in the year 1346, or on the average of five or six years preceding; provided that the lords of villeins or tenants shall have the preference of their labour, so that they retain no more than shall be necessary for them.” It was strictly forbidden either to offer or to demand wages above the old rate. Another clause forbids the giving of alms to beggars. Handicraftsmen of various kinds are also ordered to be paid at the old rate. Lastly, victuallers and other traders are directed to sell their wares at reasonable prices[342]. The same ordinance, with some added paragraphs, was reissued on the 18th November, 1350, to the county of Suffolk and to the district of Lindsey (Lincolnshire), the latter being one of the chief sheep-grazing parts of England; in those two localities, it is stated in so many words, the labourers had set at nought the ordinance of 18th June[343]. When Parliament met—for the first time since the mortality—on the 9th of February, 1351, it was acknowledged that the commissions to sheriffs issued by the king and his council had been ineffective, and that wages had been at twice or thrice the old rate[344]. The Parliament, having legislated for a number of technical matters in connexion with the enormous number of wills and successions, proceeded next to the labour question, and passed the famous Statute of Labourers, by which the generalities of the ordinance of 18th June, 1350, are replaced by an elaborate schedule of wages for harvest-time and other times[345]. One clause of the Act is specially directed against the migration of labourers to other counties. It was the ancient manorial system that was threatened most of all by the depopulation. The surviving labourers sought work where they could command the best wages, and at the same time could escape from the few degrading bonds of servitude which still clung to the nativi or serfs of a manor. But the Manor Court was still the unit of government, and the Act would have been inoperative except on that basis. That fundamental intention of the statute of the 9th February, 1351, comes out, not only in the explicit clause against migrations, but also by contrast, in the special permission given to the labourers of the counties of Stafford, Derby and Lancaster, to the people of Craven, and to the dwellers in the Marches of Wales and Scotland, to go about in search of work in harvest “as they were wont to do before this time[346].”
The immediate effect of the depopulation had been to mobilise, as it were, the labouring class. Many of them must have taken the road at once; for, in the first ordinance of 18th June, 1350, before the harvest of that year had begun, it is stated that certain of the labourers preferred to live by begging instead of by labour, and it is therefore forbidden to give alms to beggars. According to Knighton, the effect of the ordinance itself was to swell the ranks of the wandering poor; when some were arrested, imprisoned, or fined in terms of the commission to the sheriffs, others fled to the woods and wastes (ad silvas et boscos)[347]. These escapes continued for years after; the rolls of the Manor Court of Winslow have entries of many such cases long after the pestilence[348]. Many of these fugitive villeins formed the class of “wasters,” often referred to in the Vision of Piers the Ploughman: “waster would not work, but wander about,” or he would work only in harvest, squander his earnings, and for the rest of the year feel the pinch of hunger “until both his eyen watered.” But it is clear that others went to distant manors, and settled down again to steady employment, freed from their bonds as nativi; and it cannot be doubted that some went to the towns[349].
In order to realize the causes and circumstances of the labour difficulty after the enormous thinning of the population, it may be well to recall the composition of the village communities. In each manor the arable land was in two portions—on the one hand the immense open fields (two or perhaps three) in which the villagers had each so many half-acre strips, and on the other hand the lord’s demesne, or home-farm. Part of the latter would often be let to free tenants, or even to villeins, who would count for the occasion as free tenants. For the cultivation of his demesne the lord was dependent on his tenants in villenage, who owed him, in form, so many days’ work in the year, but in reality were often able to commute their personal services for a money payment and are said to have done so very generally[350]. Thus the lord of the manor was no longer able to call upon his serfs to plough or to sow or to reap; he had to hire them for his occasions. The free tenants would also be dependent to some extent upon hired labour; and as some even of the villeins cultivated up to forty acres or more, in the open fields of the manor, these would also have to hire unless their families were old enough to help. All that labour for hire would naturally be supplied by the poorer villagers, the cottars and bordars, who would seldom cultivate more than a few half-acres, and in some cases perhaps none[351]. The lower order of tenants in villenage formed accordingly the class of labourers; and it was their demands which gave occasion for the ordinances of 1350 and the statute of 1351. In each manor the lord would have been affected more than all the rest by the scarcity of labour, in respect of the extensive demesne or home-farm managed by his bailiff. It is conjectured that he tried, in some cases, to go back to his rights of customary service from his villeins, which had gradually become commutable for rents paid in money, and that the attempts to do so led to insubordination[352]. He had to pay wages, notwithstanding all his rights of lordship. The wages paid in the harvest of 1349 were, says Rogers, those of panic. In the form of petition which brought the labour-question before Parliament in February 1351, it is stated that the wages demanded were at double or treble the old rate; of the year preceding (1350) it is recorded that the wages paid to labourers for gathering the harvest on the manor of Ham, belonging to the lord Berkeley, amounted to 1144 days’ work, on the old scale of commutation[353].
The labourers, although the lowest order on the manors, were accordingly masters of the situation. Personal service to the lord, measurable merely by days, and having no reference to fluctuations in the rate of wages, had become obsolete; nor do the ordinance of 1350 and the statute of 1351 give any hint of trying to revive it. If the men refused to be hired at the old rate, they were to be arrested and imprisoned.
There were, of course, many things besides the statute, tending to keep the majority of peasants on the manors where they had been born; so that the formal abolition of villenage remained to be carried by rebellion in 1381, while many traces of it in practice remained for long after. Those who stayed on their old manors, or removed to another county or hundred to become tenants under new lords, were able to get permanently better wages; the price of labour remained about forty per cent. higher than it had been before the mortality; so that the statute was on the whole ineffective. But another large proportion of the labouring class appears to have been driven to a wandering life. It is not easy to explain on economical principles why the class of “wasters,” of whom we hear so much, should have been called into existence. Hands were scarce, and wages were high; the conditions look on the surface to be entirely adverse to the creation of a class of sturdy beggars and idle tramps. But the economic conditions were really complex; and when all has been said on the head of economics, there will remain something to be explained on the side of ethics.
Not only the labourers but also the employers of labour were cut off in the mortality. A great part of the capital of the country passed suddenly into new hands. Before the Parliament of 1351 legislated upon wages, it was occupied with a number of technical difficulties about wills. Of the proving of wills and the granting of letters of administration on a great scale we have had an instance from an archdeaconry in Lancashire. In Colchester, a town with some four hundred burgesses, one hundred and eleven wills were proved[354]. In the Husting Court of London, three hundred and sixty wills were enrolled and proved from 13th January, 1349, to 13th January, 1350. An immense number of persons came into money who could not all have had the inclination, even if they had the skill and aptitude, for employing it as capital. If there were wasters among the labourers, there were wasters also among the moneyed class. The mortality produced, indeed, that demoralisation of the whole national life which has been usually observed to follow in the like circumstances. “Almost all great epochs of moral degradation are connected with great epidemics,” says Niebuhr, generalizing the evidence which Thucydides gives specially for the plague of Athens[355]. The fourteenth century was by no means a period of high morality before the Black Death; but it was undoubtedly worse after it. Langland’s poem of the vision of Piers the Ploughman is one long diatribe against the vices of the age, and some of the worst of them he expressly dates “sith the pestilence time.” It will be convenient to take these ethical illustrations, before we proceed with the effects of the mortality upon material prosperity and population, and with the domestication of plague on the soil.
So far from the labouring class being the chief sinners, it is in the humbler ranks that the root of goodness remains. Langland’s hero, the Ploughman, is obviously chosen to represent “that ingenuous simplicity and native candour and integrity,” which, as Burke says, “formerly characterized the English nation,” and, one may add, have been at all times its saving grace. It was in that class that the reforming movement, led by Wyclif twenty years after, had its strength. Lollardy and the Peasants’ Rebellion were closely allied. The grievance of the latter was that the gulf between the gentleman and the workman had become wider than in nature it should be. An ultimate and very indirect effect of the great mortality was to strengthen the middle class by recruits from beneath; it created the circumstances which produced the English yeoman of the fifteenth century. But we are here engaged with the immediate effect; and that was to broaden the contrast between the rich and the poor.
Luxury had already touched so high a point as to call for a statute against extravagant living, the curious sumptuary law of 1336 which prohibited many courses at table. Nothing could be more significant of its later developments in London than the sarcastic description, which fills an unusual space in one of the chroniclers, of the fantastic excesses of dress and ornament among the male sex about the year 1362[356]. Some of the names of the men’s ornaments occur also in Langland’s verses:
“Sir John and Sir Goffray hath a gerdel of silver,
A basellarde or a ballok-knyf with botones overgilt.”