LABORARIS

2 definitions found across Law Mind sources

LABORARISAuthored
The Law Mind • 642 words
Definition
A historical English writ directed against persons who refused to perform labor services when legally obligated to do so. The writ operated in two recognized circumstances: first, against individuals who, having no sufficient means of support, refused to serve (that is, refused to take employment or render labor); and second, against persons who had rendered labor service during the winter season but then refused to continue that service into the summer months. As a compulsory process, it functioned as a legal mechanism to enforce labor obligations and suppress what the law regarded as voluntary idleness among those without independent means.
Common Confusion
Laboraris should not be confused with the broader category of writs governing apprenticeship or villeinage. It was not a writ to reclaim a runaway serf or to enforce a formal indenture. Its specific function was to compel service from free persons of insufficient means who withheld their labor — a narrower and historically distinct purpose.
Why It Matters in Research
Laboraris is essentially a dead writ with no modern analog, but it is historically significant as evidence of the legal infrastructure erected in medieval and early modern England to manage labor supply, particularly in the wake of the Black Death and the statutes of laborers that followed. Researchers tracing the history of employment law, vagrancy law, or the legal construction of poverty will find this writ connected to a cluster of legislation — the Statute of Laborers (1351) and its successors — that imposed compulsory labor on able-bodied persons without means. The writ itself is sparsely documented in the major sources, and Bouvier's entry is thin: it cites Cowell and Mozley & Whiteley but provides no case law or extended analysis. A key research trap is assuming this writ was primarily feudal in character. While it touches labor obligations reminiscent of feudal tenure, its application to free persons without property aligns it more closely with the Tudor and Stuart poor law tradition than with villeinage. Researchers should look to the Registrum Brevium (Reg. Orig. 189, cited by Bouvier) for the formal writ text itself, but should expect that the legal and social context requires supplementation from statutory history rather than common law doctrine alone. The writ also illustrates how legal compulsion and economic vulnerability intersected in pre-modern law — a point of interest for legal historians examining the precursors to modern labor regulation, wage law, and vagrancy statutes. Connections to the Law Mind corpus on poor relief, vagrancy, and labor regulation are stronger than any thread running through contract or property law.
Historical Dictionary Support
Bouvier's is the primary dictionary source here, and its entry is brief. It describes the writ accurately but without elaboration, pointing to Cowell's Interpreter and Mozley & Whiteley's law dictionary as supporting authorities, and to the Registrum Originale for the writ's formal text. No other historical legal dictionary in the Law Mind corpus provides a competing or expanded definition. What Bouvier's omits is any situating of the writ within the statutory framework that gave it life. The Statute of Laborers 1351 (25 Edw. III, st. 1) and subsequent labor legislation created the legal environment in which a writ of this kind was practically operative. Bouvier treats it as a purely procedural artifact without connecting it to that broader statutory history. Researchers should treat Bouvier's definition as a starting point only.
Jurisdictional Note
Laboraris was an English writ and has no American counterpart. It did not transfer into American common law, which developed its labor law framework through contract doctrine and, later, statutory regulation rather than through prerogative or compulsory service writs of this kind.
Related Terms
Statute of Laborers — Vagrancy — Villeinage — Writ — Registrum Brevium — Poor Laws — Compulsory Service — Impressment — Service (Legal Obligation) — Master and Servant
LABORARISmain
Bouvier's Law Dictionary • 1928
An ancient writ against persons who, having not whereof to live. refused to serve. Cow.; Moz. & W. It was also used against persons who, having served in the winter, refused to continue to do so in the summer; Reg. Orig. 189.

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