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Friday 20 June 2014

Essex Sessions of The Peace 1351, 1377-1379 (1): Occasional Paper

Essex Sessions of The Peace 1351, 1377-1379
Essex Archaeological Society, Occasional Paper No. 3 (1953)
Edited with an introduction by Elizabeth Chaplin Furber

This is one of a short series of extracts taken from this Occasional Paper, no longer available from our storeroom.  Members of the Essex Society for Archaeology and History may receive a digital copy of the book by subscribing to the ESAH Digitisation Project.

Chapter 1
Introduction

THE years of the Essex sessions of the peace (1351 and 1377-79) fall between two important landmarks of the fourteenth century, the Black Death of 1349 and the Great Revolt of 1381.  The last half of the fourteenth century constituted a period of far-reaching social and economic change and discontent.  The old manorial system was breaking up; new forces were at work to transform the position of the agricultural labourer, and to quicken the industrial and commercial life of England.  While historians now agree in discounting the 'revolutionary' effects of the Black Death and the Great Revolt, the publication of manorial accounts and court rolls has thrown a clearer light on actual social conditions at the time.  In this direction, the peace rolls published in this volume are especially important in giving a partial picture of life in a county which, with Kent, may claim the honour of having first raised the standard of revolt in 1381.

By 1351 the great victories of Sluys and Crecy and the capture of Calais were glorious memories. The victory of Poitiers was to follow in the next few years.  The first, and most successful, phase of the war with France came to an end with the treaty of Calais in 1360. There followed a decade of 'peace, retrenchment and reform'.  Edward III was at the height of his glory. Yet in 1362, the year after Froissart arrived in England to chronicle the magnificence of Edward's court and the deeds of chivalry of his nobles, appeared the first edition of Langland's Piers Plowman, which gives a picture of discontent, decay, and corruption in English society probably nearer to actuality than the most vivid pages of Froissart.  The war with France broke out anew in 1369. Queen Philippa died in the same year, and Edward III, now practically in his dotage, came increasingly under the influence of his mistress, Alice Perrers, and of his second son, John of Gaunt, the duke of Lancaster.  During the last years of Edward III and the minority of Richard II the war dragged on unsuccessfully. Yet the war was still popular with the nation.  The successive parliaments of the 'seventies, which grudgingly granted war credits, collected with increasing difficulty from an almost exhausted people, concerned themselves, not with the question of peace, but rather with attempts to supervise the expenditure of the money, to call the ministers to account and to reform the  administration.  The stresses and strains of the period reached breaking-point with the rebellion of 1381.

Though Essex was primarily an agricultural county, the development of new, or the quickening of old, economic activities after 1350 was typical of the changing timesMuch of the wool from the sheep which grazed on the marshes of the maritime hundreds was exported from such Essex ports as Colchester, Harwich, Manningtree and Fobbing, and from the nearby ports of  Ipswich  and London; the rest was used in the rapidly expanding textile industry.  By the last decade of the century, Essex, with East Anglia, was the chief centre for the production of worsteds; the region ranked second in the product ion of woolensThe cloth industry flourished especially in the towns of Colchester, Dedham, Coggeshall, Maldon, Braintree and Witham.  From the milk of the sheep were made the famous sheep cheeses of Essex.  In Thaxted, the cutlery industry was developing, although it reached its greatest height in the next century.  Brick-making and tile­making were important in a region with practically no building-stone. Oyster fisheries abounded in the Essex estuaries.  Traces of some of these industries are to be found in the peace rolls, but, as might be expected, the rolls reflect, on the whole the predominantly agricultural nature of the Essex economy.

To this economy, the Black Death of 1348-49 gave a profound shock.  Though the estimates of earlier historians of a mortality of one third to one half of the population are not now accepted, the effect of the pestilence in undermining the already decaying fabric of the manorial economy were far-reaching.  Chief among these were the more or less irregular development of the commutation of services and the leasing of the demesne land, the feverish rivalry of the lords for possession of the surviving labourers, an.d the increase in wages paid to fugitive villeins, common labourers and artisans.  Faced with an unprecedented situation, the government took immediate steps.  Since parliament was unable to meet on account of the plague, the king's council issued the Ordinance of Labourers of 18 June 1349, compelling all able-bodied men and women under sixty, with no means of support, to work when required; establishing as the legal rate of wages the level of 1346, or the few years immediately preceding; forbidding breaches of contract; imposing penalties of fine or imprisonment on those violating the ordinance, whether .employers or labourers; and providing for the sale of food by retailers and inn­keepers at reasonable pricesWhen parliament met in February 1351, it passed the Statute of Labourers, supplementing the Ordinance, by making it more precise and by fixing definite amounts for many kinds of wages, and providing that money penalties assessed by justices to be appointed under the act - both fines and 'excess' - were to be turned over to the collectors of the subsidy of the tenth and fifteenth in aid of the poorer districtsContinued complaints of the commons and new legislation in successive parliaments afford evidence of the unsolved character of the labour problem.  In the words of the preacher, in all probability a prejudiced and conservative witness:
Nouz also the comyn peple is hie stied into the synne of pride.  For now a wrecchid cnavc, that goth to the plouz and to carte, that hath no more good but serveth fro zer to zer for his liflode, there-as sumtyme a white curtel and a russet gowne wolde have served suchon ful wei, now he muste have a fresch doublet of fyve schillynges or more the price; and above, a costli gowne with bagges hangynge to his kne, and iredelid' undir his girdil as a newe ryven roket,' and an hood on his heved, with a thousande ragges on his tipet; and gaili hosid an schood as thouz it were a squyer of cuntre ; a dagger hameisid with selver hi his gurdel, or ellis it were not worth a pese.  This pride schulle ther maistirs a-buye, whanne that thei schul paie hir wages. Fer, there-as thei weren wont to serve for x or xii schillingis in a zer, now thei musten have xx oor thritti and his lyverei also therto; not for he wol do more werk, But for to meynten with that pride.'

The labour situation and the prevalence of violence and disorder in the country, occasioned to a great extent by the war and the return of large numbers of soldiers from France, led the government, after the enactment of the Statute of Labourers in February, to issue joint commissions of the peace and for labourers in March 1351 similar to those of February 1350, but including jurisdiction over the new statute as well as over the ordinance of  labourers of 1349.  During the next thirty years various experiments were tried.  From 1352 to 1359 separate justices of labourers were appointed and the justices of the peace thus lost control of the labour laws.  But the Statute of  Westminster of 1360-61, besides making some additions to the labour legislation, again gave the justices of the peace powers to enforce it, also powers to take surety for good behaviour, to hear and determine felonies and common law trespasses, and to enf orce the laws on weights and measures as laid down in 25 Edward III.


In 1362 the dates of quarter sessions previously specified in 1351 were changed.  The reaction in the commission of 8 March 1364, which gave the justices jurisdiction over regrating and forestalling, but deprived them of final authority over labour laws and of the power of determining felonies, was ended by the statute of 1368By that year, largely as a result of the successful agitation of the commons, the justices of the peace had definitely won complete jurisdiction over various economic offences, including the labour laws, and also the power of hearing and determining felonies and common law trespasses by normal common law procedureFrom then, until the reorganization in the parliament of 1380, no new statute concerning their position was enacted, and few changes were made in the form of their commissionAt that time, in spite of numerous competitors, they were well on the way to becoming the 'pivot of the English constitution'.

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