Legal Definitions - super statuto versus servantes et laboratores

The historical legal term, super statuto versus servantes et laboratores, refers to a type of legal order, known as a writ, used in historical English law. It translates roughly to "upon the statute against servants and laborers." This writ was primarily employed in two situations stemming from statutes designed to regulate labor and wages, particularly after events like the Black Death which caused significant labor shortages and disruption:

• It could be issued against an employer who hired workers who had unlawfully left their previous employment. These statutes often tied workers to their lords or specific locations and made it illegal for them to leave without permission or for other employers to entice them away.
• It could also be issued against a worker who refused to work for the wages mandated by law, or who demanded higher wages than those legally set.

Here are some examples illustrating its application:

• Example 1 (Against an employer): Imagine a feudal lord, Baron Fitzwilliam, whose agricultural laborers suddenly abandon their fields without permission to seek better pay in a nearby town. He discovers that a wealthy merchant, Master Thorne, has hired these laborers to work on his new construction project, despite knowing they were bound to Baron Fitzwilliam's estate. Baron Fitzwilliam could seek a writ of super statuto versus servantes et laboratores against Master Thorne. This writ would challenge Thorne's action of employing workers who had unlawfully departed from their prior service, thereby enforcing the statutes that restricted the movement and employment of laborers.

• Example 2 (Against a worker): Consider a skilled stonemason, Thomas, living in a village where the local authorities, following a royal decree, have set a maximum daily wage for all tradesmen. Lady Eleanor requires extensive repairs to her castle walls and offers Thomas the legally mandated wage. However, Thomas, aware of the high demand for his skills, refuses to work for anything less than double the statutory rate. Lady Eleanor could potentially seek a writ of super statuto versus servantes et laboratores against Thomas. This writ would compel Thomas to accept the legally prescribed wage or face legal consequences for refusing to work at the rate set by statute.

• Example 3 (Another employer scenario): A master weaver, Agnes, has an apprentice, Robert, who is bound to her for a seven-year term. After only two years, Robert is lured away by a rival weaver, Sir Giles, who offers him slightly better living conditions and promises to teach him advanced techniques sooner. Agnes discovers Robert working for Sir Giles. Agnes could pursue a writ of super statuto versus servantes et laboratores against Sir Giles. This action would be based on the principle that Sir Giles unlawfully enticed and employed an apprentice who was still legally bound to Agnes, violating the statutes that regulated apprenticeship and labor contracts.