English Economic History: Select Documents

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c. 3. Further it is agreed and assented that all the Statutes of artificers, labourers, servants and victuallers made as well in the time of our lord the King that now is as in the time of his noble grandfather, whom God assoil, not repealed, be straitly holden and kept and duly executed, and that the said artificers, labourers, servants and victuallers be duly judged by the justices of the peace as well at the suit of the King as of the party, according as the said Statutes require; and that the mayors, bailiffs, and stewards of lords and constables of towns duly do their offices touching such artificers, servants, labourers, and victuallers, and that stocks be in every town for the punishment of the same servants and labourers, as is ordained in the Statutes aforesaid. And furthermore it is ordained and assented that no servant or labourer, be it man or woman, depart at the end of his term out of the hundred, rape or wapentake where he is dwelling, to serve or dwell elsewhere, or by colour of going afar on pilgrimage, unless he carry a letter patent containing the cause of his going and the time of his return, if he ought to return, under the King's seal that shall be assigned hereto and delivered into the keeping of some good man of the hundred or hundreds, rape or wapentake, city and borough, who shall keep the same according to the discretion of the justices of the peace, and lawfully make such letters when need be, and in no other wise on his oath, and that around the said seal be written the name of the county and across the said seal the name of the said hundred, rape, wapentake, city or borough; and if any servant or labourer be found in a city, borough or elsewhere, coming from any place, wandering without such letter, he shall be taken forthwith by the said mayors, bailiffs, stewards or constables and put in the stocks and kept until he have found surety to return to his service or to serve or labour in the town from which he comes, until he have such letter for departing with reasonable cause; and be it remembered that a servant or labourer may freely depart from his service at the end of his term and serve elsewhere, so that he be in certainty with whom, and have such letter as above; but it is not the intent of this ordinance that servants who ride or go on the business of their lords or masters be comprehended within this ordinance during the time of the same business; and if any carry such letter which can be found to be forged or false, he shall go to prison for forty days for the falsity, and further until he have found surety to return and serve and labour as aforesaid. And that none receive a servant or labourer going forth from their hundreds, rape, wapentake, city or borough, without letter testimonial or with a letter, for more than one night, unless it be by reason of illness or other reasonable cause, or unless he will and can serve and labour there by the same testimony, on a penalty to be limited by the justices of the peace; and that as well artificers and craftsmen as servants and apprentices, who are not of great account and of whose craft or mistery men have no great need in time of harvest, be forced to serve in harvest at cutting, gathering and bringing in the corn; and that this statute be duly executed by mayors, bailiffs, stewards and constables of towns on a penalty to be limited and adjudged by the said justices of the peace in their sessions, and that none take above 1d. for making, sealing and delivering the said letter.

c. 4. And furthermore, because servants and labourers will not and for long time have not been willing to serve and labour without outrageous and excessive hire and much greater than has been given to such servants and labourers in any time past, so that for dearth of the said labourers and servants, husbandmen and tenants of land cannot pay their rents or hardly live on their lands,[218] to the exceeding great damage and loss as well of the lords as of the whole commons; and also because the wages of the said labourers and servants have not been put in certainty before these times; it is agreed and assented that the bailiff for husbandry take 13s. 4d. a year and his clothing once a year at most, the master hind 10s., the carter 10s., the shepherd 10s., the ox-herd 6s. 8d., the cow-herd 6s. 8d., the swineherd 6s., the woman labourer 6s., the dairymaid 6s., the ploughman 7s. at most, and every other labourer and servant according to his degree, and less in the country where less is wont to be given, without clothing, bounty (curtoisie) or other reward by covenant.[219] And that no servant of artificers or victuallers within cities, boroughs or other towns take more than the labourers and servants above named according to their estate, without clothing, bounty or other reward by covenant, as is said above. And if any give or take by covenant more than is specified above, at the first time that they shall be attainted thereof they shall pay, as well the givers as the takers, the value of the excess so given or taken, and at the second time of their attainder, double the value of such excess, and at the third time treble the value of such excess; and if the taker so attainted have nothing wherewith to pay the said excess, he shall go to prison for forty days.

c. 5. Further it is ordained and assented that he or she who is employed in labouring at the plough and cart or other labour or service of husbandry until they be of the age of 12 years shall remain thenceforward at that labour without being put to a mistery or craft; and if any covenant or bond of apprentice be made henceforth to the contrary it shall be holden for nought.

c. 6. Further, it is agreed and assented that no servant of husbandry or labourer or servant of an artificer or victualler carry henceforward baslard, dagger or sword, on pain of forfeiture of the same, except in time of war for defence of the realm, and then by survey of the arrayers for the time being, or when travelling through the country with their masters or on a message of their masters; but such servants and labourers shall have bows and arrows and use them on Sundays and feast days, and entirely forsake games of ball as well hand as foot and the other games called quoits, dice, casting the stone, skittles and other such unsuitable games; and that the sheriffs, mayors, bailiffs and constables have power to arrest and do arrest all the contraveners hereof and the baslards, daggers and swords aforesaid, and to seize and keep the said baslards, daggers and swords until the session of the justices of the peace, and present them before the said justices in their sessions together with the names of those who carried them. And it is not the King's intent that prejudice be done to the franchises of lords touching the forfeitures due to them.

c. 7. Further, it is agreed and assented that touching every man who goes begging and is able to serve or labour, it be done with him as with him who departs out of hundreds and other places aforesaid without a letter testimonial, as is said above, excepting people of religion and hermits approved, having letters testimonial of the ordinaries. And that beggars unable to serve remain in the cities and towns where they are dwelling at the time of the proclamation of this Statute; and that if the people of the said cities or towns will not or cannot suffice to find them, the said beggars withdraw to the other towns within the hundred, rape or wapentake, or to the towns where they were born, within forty days after the said proclamation be made, and dwell there continually for their lives. And that with all those who go on pilgrimage as beggars and are able to labour it be done as with the said servants and labourers, if they have not letters testimonial of their pilgrimage under the seals aforesaid. And that the clerks of the Universities who go begging thus have letters testimonial of their chancellor on the same penalty.

c. 8. Further, it is ordained and assented that those who feign themselves to be men that have travelled out of the realm and have been there imprisoned carry letters testimonial of the captains where they have dwelt, or of the mayors and bailiffs where they make their landing, and that the same mayors and bailiffs enquire of such folk where they have dwelt and with whom and in what place is their dwelling in England; and that the same mayors and bailiffs make them a letter patent under the seal of their office testifying the day of their landing and where they have been, as they have said; and that the said mayors and bailiffs make them swear to keep their right way to their country, unless they have a letter patent under the King's great seal to do otherwise. And that if any such travelled man be found without such letter, it be done with him as with the servants and labourers aforesaid; and this ordinance shall be applied to travelled men who go begging through the country after their landing.

c. 9. Further it is ordained and assented that the aforesaid ordinances of servants and labourers, beggars and vagrants, hold good and be executed as well in cities and boroughs as in other towns and places within the realm, as well within franchise as without. And that the sheriffs, mayors and bailiffs and keepers of gaols shall be bound and charged to receive the said servants, labourers, beggars and vagrants, and to detain them in prison in the form aforesaid, without letting them to mainprise or bail and without taking fee or aught else from them by themselves or by others, as long as they be thus in prison or at their entry in or issue from the same prison, on pain of paying 100s. to the King.

c. 10. Further, it is ordained and assented that in every commission of the justices of the peace there be assigned only six justices beside the justices of assize, and that the said six justices hold their sessions in every quarter of the year at least, and this for three days if need be, on pain of being punished according to the advice of the King's council at the suit of every man who will make plaint, and enquire diligently, among other things touching their offices, if the said mayors, bailiffs, stewards and constables and also gaolers have duly made execution of the said ordinances and statutes of servants and labourers, beggars and vagrants, and punish those who are punishable by the said penalty of 100s. on the same penalty, and punish at their discretion those who are found in fault who are not punishable by the said penalty; and that every of the said justices take for his wages 4s. a day for the time of their said sessions, and their clerk 2s. a day, from the fines and amercements arising and forthcoming from the same sessions, by the hands of the sheriffs; and that the lords of franchises be contributors to the said wages according to the proportion of their part of the fines and amercements aforesaid; and that no steward of a lord be assigned in any of the said commissions, and that no association be made to the said justices of the peace[220] after their first commission. And it is not the intent of this statute that the justices of the one Bench and of the other and the serjeants at law, in case they be named in the said commissions, be bound by force of this statute to hold the said sessions four times a year as are the other commissioners, who are continually dwelling in the country, but that they do it when they can well attend hereto.

[217] This statute is perhaps the most important of all the enactments relating to labourers between the Black Death and the reign of Elizabeth. It distinguishes between the impotent poor and the able-bodied vagabonds, and, besides establishing Quarter sessions, and fixing maximum wages, is the basis of all subsequent Vagrancy and Poor Law legislation. For printed text see Statutes of the Realm, Vol II., 56-59.

[218] It is the small man, as well as the great lord, who is injured by the wage-labourers' demands.