The History of Employment Law in England and Northern Ireland

Business Law 8th Edition © Cengage Learning 2007 prepared by Rosemary Craig BA LLB LLM PGCHEP wrote:

The turbulent history of labourers from 1349 until at least 1562 can be seen as a
record of conflict between the aristocracy of England and the growing unrest among
skilled labourers. It was felt that the fruits of their own work should belong solely to
them and not to the landed Gentry that employed them – usually for a pittance. As a
whole the development of these statutes is quite clearly an attempt to regulate and
control labourers.

The Ordinance of Labourers 1349 (The Ordinance) was a piece of legislation
consisting of regulations and price controls issued by King Edward 111 of England on
18 June 1349. The ordinance was issued in response to the 1348-1350 outbreak of the
Black Death or Plague in England. During this outbreak, an estimated 30-40% of the
population died. A vain attempt by the king to freeze wages paid to labourers at their
pre-plague levels, is indicative of the labour shortage caused by the plague. The
Black Death caused labour to be in great demand. The Ordinance was concerned with
maintaining wages at rates to be fixed from time to time by JPs. This was followed
some considerable time later again by statute. The Statute of Labourers 1350 fixed
wages of labourers and artisans. 1356 saw the establishment of regulations for the
Trade of Masons. In 1360 Edward 111 approved another statute this time prohibiting
annual gatherings of the said Masons. 1368 the Statute of Labourers was confirmed
and the next year legislation forbidding artificers not to import wine was added to the
statute book. In 1377 King Richard 11 carried on the previous tradition of
‘restrictions to trade’. This time it was a statute to restrict the freedom of serfs. While
in 1389 he decreed that all Guilds and brotherhoods supply full information on their
‘liberties, privileges, statutes, ordinance, usages and customs’ and to lay before the
King their charters and letters of patent.

In 1402 King Henry IV by statute prohibited the hiring of labour by the week. 1405-
06 saw the confirmation of the Statutes of Labourers. Justices of the Peace had their
authority extended in 1414 to ‘fugitive labourers’. In 1416 the King limited penalties
for excessive wages for seven years. Henry VI (Dec. 6, 1421 - May 21/22 1471)
ascended the throne of England on September 1, 1422 and that of France on October
21, 1422, ruling from 1437. As part of a long series of laws known as the Statutes of
Labourers, he attempted to control the wages and working conditions of all the trades.
In practice, stonemasons, viewing themselves as under the protection of the Pope,
generally ignored these statutes.

Elizabeth I (Sept. 7, 1533 -March 23, 1603), ascended the throne in 1558. The
Statutes of Labourers, accumulating from the time of Edward III (Nov. 13, 1312 -June
21, 1377) were codified by Elizabeth. The Elizabethan Statute of Artificers 1562
contained 48 provisions among which prohibited conspiracies to raise wages and
prosecutions for criminal conspiracy at common law. The first workers associations
were formed because of the legislation. These grew out of workmates meeting at
public houses. Their main activity was the provision of friendly society benefits such
as sick and funeral money and a ‘tramping grant’ to unemployed workers willing to move.....