Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
The great Statute of Laborers which was for centuries supposed to
settle the law of England is that of Elizabeth in 1562. Meantime,
agricultural labor as well as industrial was getting to be free. A
statute of 1377, which requires villeins refusing to labor to be
committed to prison on complaint of the landlord, without bail, itself
recognizes that villeins fleeing to a town are made free after a year
and day's habitation therein. In 1383 came Wat Tyler's rising; the
villeins demanded a commutation of agricultural labor to a money rent
(four pence) and full freedom of trade and labor in all the market
towns; and about this time was great growth of small freeholders.
(1388) The Statute of Richard II restricts laborers to their hundred
and makes it compulsory for them to follow the same trade as their
father after the age of twelve. The wages of both industrial and
agricultural laborers are again fixed-shepherds, ten shillings a year;
ploughmen, seven; women laborers, six shillings, and so on. Servants
are permitted to carry bows and arrows, but not swords, and they may
not play tennis or foot-ball. And here is the historical origin of
the important custom of exacting recommendations: servants leaving
employment are required to carry a testimonial, and none are to
receive servants without such letter--the original of the blacklist.
Here, also, we find the beginning of poor-law legislation, those
unable to work are to be supported in the town where born. Villeinage,
which began at the Norman Conquest, according to Fitz-Herbert,
"because the Conqueror gave lordships with all the inhabitants to do
with them at their pleasure to his principal followers, and they,
needing servants, pardoned the inhabitants of their lives, and caused
them to do all manner of service"--was now abolished by compensation
in a money wage payment. The institution of villeinage is last
mentioned in a commission of Queen Elizabeth, 1574, directing Lord
Burleigh and others in certain counties to compound with all such
bondmen or bondwomen for their manumission and freedom.
(1389) The next year the practice of fixing wages at a permanent sum
is abandoned and they are to be fixed semi-annually at Easter and
Michaelmas by a justice of the peace. In 1402 we find the remarkable
provision that laborers are not to work on feast days nor for more
than half a day before a holiday. Such legislation would hardly be
necessary in modern England, where, in many trades, no one works for
a whole day after the holiday as well. In 1425 is another statute
forbidding masons to confederate themselves in chapters; and in 1427
the attempt to fix wages by law is again abandoned and they are to
be fixed by the justices as in 1389, "because Masters could not get
Servants without giving higher Wages than allowed by the Statute."
Public-domain text, read in full here on John Shaqi.
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