HIRING (from O. Eng. _hyrian_, a word common to many Teutonic languages
cf. Ger. _heuern_, Dutch _huren_, &c.), in law, a contract by which one
man grants the use of a thing to another in return for a certain price.
It corresponds to the _locatio-conductio_ of Roman law. That contract
was either a letting of a thing (_locatio-conductio rei_) or of labour
(_locatio operarum_). The distinguishing feature of the contract was
the price. Thus the contracts of _mutuum_, _commodatum_, _depositum_
and _mandatum_, which are all gratuitous contracts, become, if a price
is fixed, cases of _locatio-conductio_. In modern English law the term
can scarcely be said to be used in a strictly technical sense. The
contracts which the Roman law grouped together under the head of
_locatio-conductio_--such as those of landlord and tenant, master and
servant, &c.--are not in English law treated as cases of hiring but as
independent varieties of contract. Neither in law books nor in ordinary
discourse could a tenant farmer be said to hire his land. Hiring would
generally be applied to contracts in which the services of a man or the
use of a thing are engaged for a short time.
_Hiring Fairs_, or _Statute Fairs_, still held in Wales and some parts
of England, were formerly an annual fixture in every important country
town. These fairs served to bring together masters and servants. The men
and maids seeking work stood in rows, the males together and the females
together, while masters and mistresses walked down the lines and
selected those who suited them. Originally these hiring-fairs were
always held on Martinmas Day (11th of November). Now they are held on
different dates in different towns, usually in October or November. In
Cumberland the men seeking work stood with straws in their mouths. In
Lincolnshire the bargain between employer and employed was closed by the
giving of the "fasten-penny," the earnest money, usually a shilling,
which "fastened" the contract for a twelvemonth. Some few days after the
Statute Fair it was customary to hold a second called a Mop Fair or
Runaway Mop. "Mop" (from Lat. _mappa_, napkin, or small cloth) meant in
Old English a tuft or tassel, and the fair was so called, it is
suggested, in allusion to tufts or badges worn by those seeking
employment. Thus the carter wore whipcord on his hat, the cowherd a tuft
of cow's hair, and so on. Another possible explanation would be to take
the word "mop" in its old provincial slang sense of "a fool," mop fair
being the fools' fair, a sort of last chance offered to those who were
too dull or slovenly-looking to be hired at the statute fair. Perhaps
"runaway" suggests the idea of those absent through drunkenness, or
those who simply feared to face the ordeal of the larger hiring and so
ran away.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account