628
THE GREEN BAG
stated in the language of the statute: "Because a great part of the people, and especially of workmen and servants, late died of the plague, many seeing the necessity of masters, and great scarcity of servants, will not serve unless they may receive excessive wages, and some rather willing to beg in idleness, than to labor to get their living, " wherefore it was enacted that laborers shall "take only the wages, livery, meed or salary, which were accus tomed to be given in the places where he oweth to serve to xx. year of our reign of England, or five or six other common years next before. " It was further provided that no master shall pay, and no servant shall receive, more than the customary wages. In order that laborers might not be com pelled to serve at the old wages while paying the greatly advanced prices of victuals, this act provided, "That butchers, fish mongers, regrators, hostelers, brewers, bakers, pulters, and all sellers of all manner of victual, shall be bound to sell the same victual for a reasonable price, having respect to the price that such victual be sold at in the places adjoining, so that the same sellers have moderate gains, and not exces sive." This first Statute of Labourers, by merely fixing the wages at what was customary, and the prices of victuals at what was reasonable, was too vague to be practicable. In 1350, 25 Edw. Ill, St. i, a second Statute of Labourers was passed, which provided that "Carters, ploughmen, drivers of the plough, shepherds, swineherds, deies, and all other servants shall take . . . where wheat was wont to be given . . . for the bushel ten pence. . . . And that none pay in the time of sarcling or hay making but a penny a day. And a mower of the meadows for the acre five pence, or by the day five pence. And reapers of corn in the first week of August two pence, and the second three pence. . . . That car penters, masons, and tillers, and other work men of houses, shall not take by the day
for their work, but in the manner as they were wont, that is to say: A master car penter iii. d. and an other ii. d. A master free mason iiii. d. and other masons iii. d. and their servants i. d. ob. tylers iii. d. and their knaves i. d. ob., and other coverers of fern and straw iii. d. and their knaves i. d. ob. plaisterers and other workers of mud walls, and their knaves by the same man ner, without meat or drink," ... In this statute it was also provided that "Shoes &c shall be sold as in the aoth year of King Edward the 3rd." To make the scheme of regulation effective and to insure laborers at the wages fixed, there were provided in this and subsequent statutes strict requirements as to the con duct of workmen. All able-bodied persons within certain ages, and not having means of support nor following any craft or trade, were bound to serve whomsoever might require; laborers were forbidden to leave their service and masters to discharge ser vants without reasonable cause or excuse, to be allowed before two justices of the peace; all workmen were required to "bring openly in their hands to the merchant towns their instruments, and there shall be hired in a common place and not privy." No laborer was permitted to "go out of the town where he dwelleth in winter to serve the summer, if he may serve in the same town." No employer "shall by any secret ways or means, directly or indirectly, retain or keep any servant, workman or laborer, or shall give any more or greater wages or other commodity . . . contrary to the rates or wages that shall be assessed or appointed." No person "shall retain, hire, or take into service another for any less time than one whole year" in any of a large number of enumerated trades. The diet and apparel of laborers of various classes were also prescribed with great detail by statutes. The foregoing legislation was a part of the national industrial regulation which began with Edward I, was actively pro moted by Edward III, and reached its
