The Ordinance of Labourers (23 Edw. 3) is generally considered to be the start of English labour law.[1] Issued as a royal proclamation in June 1349 by the council of King Edward III,[a]Parliament did not reconvene after the Black Death until 1351.[2] it was prompted by their concern about the lack of labourers to gather the upcoming harvest.[3] But the ordinance proved to be largely ineffective in addressing the acute shortage of labour in the wake of the Black Death of 1348–1349, which had resulted in the deaths of an estimated 40−60 per cent of the population of England.[2][b]Estimates vary from about 20 per cent up to more than 60 per cent. A 2016 paper by the archaeologist Carenza Lewis suggests that, in rural settlements in eastern England, the population declined by 45 per cent to 65 per cent.[4]
The legislation addressed three main areas: service, labour and prices.[3] It required that:[2]
Every man or woman under 60, “without land or a craft sufficient for self-support” must serve whoever required his or her labour
A lord had a preferential claim to the labour of his tenants, but he should not retain more labourers than necessary
The wages of servants, labourers and artisans must not be higher than pre-plague levels
Food must be reasonably priced, with no excess profit.
Enforcement of the ordinance was problematic, as it failed to make clear which bodies were responsible for indictment and prosecution, and did not lay out specific rates of wages or prices.[2] Parliament attempted to address those shortcomings with the Statute of Labourers of 1351, but workers nevertheless continued to command higher wages, radically altering the social structure of English society.[5]
Parliament did not reconvene after the Black Death until 1351.[2]
b
Estimates vary from about 20 per cent up to more than 60 per cent. A 2016 paper by the archaeologist Carenza Lewis suggests that, in rural settlements in eastern England, the population declined by 45 per cent to 65 per cent.[4]
Cartwright, Frederick F. Disease and History. Barnes & Noble, 1991.
Lewis, Carenza. “Disaster Recovery: New Archaeological Evidence for the Long-Term-Impact of the ‘Calamitous Fourteenth Century.’” Antiquity, vol. 90, no. 351, 2016.
Poos, L. R. “The Social Context of Statute of Labourers Enforcement.” Law and History Review, vol. 1, Spring 1983, pp. 27–52, https://www.jstor.org/stable/744001.
Rothstein, Mark A., and Lance Liebman. Employment Law: Cases and Materials. Foundation Press, 1998.
Cookie Consent
We use cookies to optimise our website and our service. By clicking on “All cookies”, you consent to us using all cookies and plug-ins as described in our Cookie policy.
Functional cookies
Always active
The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes.The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.