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Labour Legislation and Rural Servants in the southern Low Countries, c.1600–1800
Thijs Lambrecht
The topic of this chapter – labour regulation of the rural workforce – is largely absent from the rich historiography on social, economic and political developments in the Low Countries during the pre-industrial period. In sharp contrast to urban labour markets, which were heavily regulated by the guilds, rural labour markets in the Low Countries are often represented as arenas where employers and workers bargained without much legal constraint and where wage formation and bargaining was relatively free compared with other European regions.
1 See, for example, B. J. P. van Bavel, J. Dijkman, E. Kuijpers and J. Zuijderduijn, ‘The organisation of markets as a key factor in the rise of Holland from the fourteenth to the sixteenth century: a test case for an institutional approach’, Continuity and Change, 27 (2012), 355–7. This representation of rural labour markets and the emphasis on the absence of labour laws in the Low Countries is perhaps most explicit in the research of Bas van Bavel. In his sweeping survey of the medieval economic history of the Low Countries, van Bavel juxtaposes different regions within the Low Countries with respect to labour market institutions. In none of the regions analysed by van Bavel are legal interventions in the operation of the labour market cited as a significant influence. Although regions clearly differed in master–servant/employer–worker relationships, these differences were not the result of legal interventions in the labour market.
2 B. J. P. van Bavel, Manors and Markets: Economy and Society in the Low Countries, 500–1600 (Oxford, 2010), pp. 205–10. While such claims certainly apply to some parts of the Low Countries during the late medieval period, research for the later periods has been nonexistent. The potential to examine the impact of labour laws on social and economic rural relations during the early modern period, however, certainly exists. In the early 1930s the Dutch legal historian Jan Willem Bosch published an extensive survey of urban and rural regulations on service and servants. His work contains references to dozens of specific clauses, bylaws and regulations on servants and service from the late medieval period to the late eighteenth century.
3 J. W. Bosch, ‘Rechtshistorische aanteekeningen betreffende de overeenkomst tot het huren van dienstpersoneel’, Themis, 92 (1931), 355–418 and 93 (1932), 23–92, 215–77. The survey of legislation relating to servants in the Southern Low Countries in P. Godding, Le droit privé dans les Pays-Bas méridionaux du 12e au 18e siècle (Brussels, 1987), pp. 471–2 is instructive but incomplete. Although his research focuses heavily on urban settlements and urban domestic service, there are multiple references to legal provisions relating to rural servants. In this chapter I want to take a closer look at labour regulations concerning service in the Low Countries during the seventeenth and eighteenth centuries. As most of the legal provisions concern servants in husbandry, I direct attention to this category of rural workers. As such, this chapter can be viewed as a chronological extension of previous research on labour legislation during the sixteenth century.
4 T. Lambrecht, ‘The Institution of Service in Rural Flanders in the Sixteenth Century: A Regional Perspective’, in Jane Whittle (ed.), Servants in Rural Europe, 1400–1900 (Woodbridge, 2017), pp. 37–55. The first part of the chapter looks at labour laws relating to rural service from a comparative perspective. In particular, it examines the similarities and differences between regions within the county of Flanders with respect to the legal position of rural servants and their employers. Whereas this first section relies almost exclusively on published normative sources, the second part of the chapter is largely based on unexplored archival material and explores the policing and enforcement of compulsory service.
Labour legislation in the southern Low Countries constitutes an interesting and peculiar case study because, in contrast to a number of other European countries, political centralisation did not result in growing state interference in the operation of labour markets during the early modern period. As an extensive survey of government intervention in economic matters has shown, labour market policies were largely absent from the actions of central government in the southern Low Countries.
5 E. Aerts, ‘Economische interventie van de centrale staat in de Spaanse en Oostenrijkse Nederlanden (1555–1795)’, in C. de Moreau de Gerbehaye, S. Dubois and J.-M. Yante (eds), Gouvernance et administration dans les provinces belgiques, XVIe–XVIIIe siècles, vol. 2 (Brussels, 2013), pp. 399–452. Until the end of the eighteenth century, this domain of economic intervention was left to the local and regional urban and rural bodies of governance.
6 H. Soly and C. Lis, ‘Labour Laws in Western Europe, 13th–16th Centuries: Patterns of Political and Socio-Economic Rationality’ in M. van der Linden (ed.), Working on Labor: Essays in Honor of Jan Lucassen (Leiden, 2012), p. 319. In the cities, labour market policies and regulations were developed in tandem with the politically powerful guilds of Flemish and Brabantine cities.
7 J. A. van Houtte and R. van Uytven, ‘Wirtschaftspolitik und Arbeitsmarkt in den Niederlanden vom Spätmittelalter bis zur Schwelle des Industriezeitalters’, in H. Kellenbenz (ed.), Wirschaftspolitik und Arbeitsmarkt (Vienna, 1974), pp. 47–68. In the countryside, the labour market policies were elaborated and shaped by either local village officials or aldermen in charge of a larger rural district. The result of this institutional and political fragmentation is that information about labour legislation is scattered over dozens of (mostly unpublished) bylaws of local and regional institutions. This is one of the main reasons why labour market regulation in the countryside has been largely neglected by rural historians.
The origins of these decentralised labour policies can be traced back to the Middle Ages and reflect the political fragmentation of the Low Countries. Both urban and rural political elites possessed substantial autonomy in economic policy.
8 J. Dumolyn, ‘Privileges and Novelties: The Political Discourse of the Flemish Cities and Rural Districts in Their Negotiations with the Dukes of Burgundy (1384–1506)’, Urban History, 35 (2008), 5–23. Central powers could propose economic measures, but the approval and implementation of these central policies ultimately depended on the explicit endorsement and cooperation of local and regional political institutions. During the sixteenth century, the central institutions of the Habsburg Low Countries took a number of initiatives concerning the operation of rural labour markets, but always in concert with local and regional political elites. For example, on 5 November 1530 large parts of the coastal provinces of the Low Countries were inundated following a massive flood. These exceptional circumstances resulted in swift government action, including the proclamation of labour legislation. The aim of these laws was to allocate all available labour to the reconstruction of the dikes and draining of the flooded land. The labour laws issued by the government prohibited emigration from the region and instituted strict wage control in the coastal regions. These measures were not imposed top-down by the central government, but were negotiated and elaborated in consultation with the regions.
9 J. Lameere, Recueil des ordonnances des Pays-Bas. Deuxième série: 1506–1700, vol. 3 (Brussels, 1902), pp. 78–9; C. Dekker and R. Baetens, Geld in het water. Antwerps en Mechels kapitaal in Zuid-Beveland na de stormvloed in de 16e eeuw (Hilversum, 2010), pp. 53, 91–2. On the reconstruction of dikes in Flanders following the flood of 1530 see also A. de Kraker, ‘Een kwestie van geld en organisatie. Dijkaanleg en dijkherstel in noordoost-Vlaanderen tijdens de zestiende eeuw’, Tijdschrift voor Waterstaatsgeschiedenis, 2 (1993), 26–37. A similar pattern emerges when the central government tried to introduce uniform wage legislation in 1561. A draft of this bill was circulated among the local and regional political authorities. This wage bill, however, never passed because some local and regional authorities firmly opposed the provisions in this piece of labour legislation, albeit for different reasons. Some regions stated outright that maximum wage rates would be detrimental to their economic interests. Others added that they saw no reason to regulate wages as there were no labour shortages or problems with labourers demanding high wages. Significantly, some also opposed the wage bill because they felt that labour policies and regulations were the exclusive responsibility of regional authorities. A wage bill introduced by the central government was viewed as a potential infringement on their political privileges. Ultimately, divergent economic and political interests resulted in the failure of the bill.
10 C. Verlinden and J. Craeybeckx, Prijzen- en lonenpolitiek in de Nederlanden in 1561 en 1588–1589. Onuitgegeven adviezen, ontwerpen en ordonnanties (Brussels, 1962) and C. Verlinden, ‘Economic Fluctuations and Government Policy in the Netherlands in the late XVIth century’, Journal of European Economic History, 10 (1981), 201–6. When wage levels soared in the 1580s as a result of depopulation and warfare, the central government adopted another policy. This new approach to the problem of labour shortages and wage inflation was clearly inspired by the legislative failure of 1561. In 1588, local and regional authorities were solicited to introduce maximum wages and labour legislation in their jurisdictions to deal with rising wages, but, in contrast to 1561, they now enjoyed considerable agency and freedom in designing labour legislation. As research has shown, local and regional responses to the request of government varied substantially. Some regions responded with new labour laws and maximum wages, whereas others did not intervene in the labour market in any way.
11 C. Verlinden, ‘Twee documenten over prijzen en lonen voor Vlaanderen en Gent (1588)’, Standen en Landen, 4 (1952), 103–34; H. De Schepper, ‘Une législation de circonstance aux Pays-Bas sous le gouvernement personnel d’Alexandre Farnèse, 1579–1589’, in E. Bousmar, P. Desmette and N. Simon (eds), Légiférer, gouverner et juger. Mélanges d’histoire du droit et des institutions (IXe–XXIe siècles) offerts à Jean-Marie Cauchies à l’occasion de ses 65 ans (Brussels, 2016), pp. 289–90. The central government could stimulate local and regional authorities to develop labour legislation and endorsed such initiatives, but, ultimately, the scope and content of labour laws was left to the discretion of regional authorities.
At the regional level, labour legislation for rural settlements was developed by colleges of aldermen that governed rural districts (so-called ‘châtellenies’ or ‘kasselrijen’) and enjoyed extensive legal and political power. At this regional level, labour legislation was developed through specific bylaws, which could have a temporary or permanent character. In the latter case, the specific provisions were included in written customs. Labour laws included in these customs had a permanent character and applied to all labour contracts concluded in that region. In the early decades of the seventeenth century, dozens of local and regional customs and separate bylaws were codified and ratified by the central government.
12 See the list in G. Martyn, Het Eeuwig Edict van 12 juli 1611 (Brussels, 2000), pp. 146–52. These written customs constitute a most important source for reconstructing labour legislation in the countryside during the early modern period. First, because they contain only legislation that had a permanent character, they can inform us about the long-term and structural features of labour legislation in a region. Second, because they were codified during the same period, they offer ample opportunities for comparative analysis.
Table 6.1. Scope and content of labour legislation in the county of Flanders, c.1610–1650.
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Sources: Assenede: Costumen ende usantien, der stede ende ambachte van Assenede (Gent, 1775), p. 15; Belle: Costumen der stede ende casselrie van Belle (Gent, 1633), pp. 320–3; Bergues: Costumen der stede, casselrye, ende vassalryen van Berghen Ste Winocx (Gent, 1617), pp. 48–52; Boekhoute: Costumen van den ambachte van Bouchaute (Gent, 1775), p. 25; Bruges: L. Gilliodts-Van Severen, Coutume du Franc de Bruges, vol. 1 (Bruges, 1879), pp. 244–8; Dendermonde: Costumen der stede ende lande van Dendermonde (Gent, 1775), p. 23; Furnes: L. Gilliodts-Van Severen, Coutumes de la ville et chatellenie de Furnes, vol. 2 (Brussels, 1896), pp. 172–5; Kaprijke: F. de Potter and J. Broeckaert, Geschiedenis van de gemeenten der provincie Oost-Vlaanderen. Tweede reeks – arrondissement Eekloo, vol. 2 (Gent, 1872), p. 74; Cassel: Costumen ende usantien vanden steden ende casselrie van Cassele (Gent, 1613), p. 253; Waas: State Archives Ghent (hereafter SAG), Hoofdcollege Land van Waas, nr. 2693.
For a number of regions in the county of Flanders, the customs and bylaws of the first half of the seventeenth century are compared in Table 6.1. There were considerable differences between regions in the scope of their labour laws. In some regions, laws were developed in some detail and their scope was relatively wide. In others, labour legislation was only marginally developed in the customs. Importantly, in some regions no labour legislation at all was included in the customs at this stage.
13 The customs of these regions have not been included in Table 6.1. In the absence of labour legislation, relations between employers and labourers were governed only by contract law. This meant that, in the case of contract breach, for example, employers and labourers could claim damages in court, but no additional punishment or legal consequences would follow from contract breach. Labour laws could contain provisions on contract law, but also frequently imposed additional punishment for those who breached labour contracts and agreements. In that sense, labour law could both replace and supplement existing laws.
Although the provisions concerning labour contracts and agreements in the customs had a permanent character, they were not inflexible. For example, the customs of the district of Assenede were officially ratified by the government in 1619. As can be seen from Table 6.1, the scope of labour legislation was restricted. In later periods, however, labour legislation in this district became more elaborate. The bylaws of the district from 1629 added specific provisions concerning the punishment of premature departure by servants, while a revision of the bylaws from 1730 dealt with the fines imposed on both servants and employers for breach of contract.
14 SAG, Ambacht Assenede, nr. 22 (1629) and nr. 23 (1730). In the district of Courtray, there is no reference to labour legislation in the seventeenth-century customs. However, from 1703 onwards specific provisions about hiring servants appear in the bylaws.
15 Reglement op den styl van proceduren ende sallarissen voor de wetten ende jurisdictien ghelegen binnen de casselrye van Cortryck (Brussels, 1704), p. 19. These two examples show that bylaws were a flexible instrument that allowed local and regional institutions to introduce new labour laws and adjust existing legislation. This flexibility, importantly, also offered the local and regional legislators the possibility to construct tailor-made legislation.
Before turning to the specific content of labour legislation regarding rural servants, it must be noted that, in theory, servants (like other mobile groups) were subject to specific identification procedures when they moved between villages. As part of a wider Counter-Reformation programme in the Southern Low Countries, internal migrants were required to produce a so-called ‘testimonium vitae’ from the 1570s. This was a written statement produced by the priest and aldermen of their former residence and contained information on their religious and moral qualities.
16 M. Cloet, ‘De personalisering van de zielzorg na Trente. Ambities en realisaties in de Mechelse kerkprovincie’, Trajecta: tijdschrift voor de geschiedenis van het katholiek leven in de Nederlanden (2000), 19–23. Some communities translated these government instructions into a condition for servants to work in their community. Immigrant servants in Kaprijke, for example, were expected to produce such a certificate of ‘good’ religious and moral conduct within a fortnight of their entry into the community.
17 F. De Potter and J. Broeckaert, Geschiedenis van de gemeenten der provincie Oost-Vlaanderen. Tweede reeks – arrondissement Eekloo, vol. 2 (Gent, 1872), pp. 71–2. Research, however, shows that in most cases servants changed employment and crossed parish borders without producing and submitting such a certificate. Due to the intense mobility of servants, village officials struggled to apply and enforce these instructions.
18 K. Bergé, Kerkelijk leven in de landelijke dekenij Deinze, 1661–1762 (Louvain, 1981), p. 86; H. Vervaeke, ‘Het kerkelijk leven in de dekenij Deinze onder deken Michiel Zachmoorter (1612–1660) en bisschop Antoon Triest (1622–1657)’, Het Land van Nevele, 13 (1982), 241. In practice, therefore, servants could move from village to village without much administrative supervision and control.