allotments; and one for fuel to the whole; but the cottages did not
belong to the poor; the allotments in general went to the larger
proprietors, and the poor consequently were left, in this respect,
destitute; many cows were kept before, few now. All the poor very much
against the measure.
_Sayham and Ovington._[346] Enclosed 1800.
Poor.--An allotment of not less than 50l. a year, for distributing to
the poor in coals, was ordered by the act; it let for 98l. There were
100 commonable right houses. They used to sell a cottage of 3l. a year,
with a right, for 80l. For each, four acres were allotted: and the
cottage with this allotment would now sell for 160l. And what is very
remarkable, every man who proved to the Commissioners that they had been
in the habit of keeping stock on the common, was considered as
possessing a common-right and had an allotment in lieu of it. Nor was it
an unpopular measure, for there were only two men against it from the
first to the last.
_Gloucestershire_ [_Thomas Rudge, Gloucester_, 1807, _pp._ 92-93].
In all Acts of Inclosure, it might perhaps be proper, as it would
certainly be equitable, to relieve the pressure which weighs on small
proprietors, in a degree not proportioned to the advantages they derive
from them: for it should be remembered, that the expence of fencing a
small allotment is considerable greater than that of a larger one,
according to the quantity; that is, a square piece of land containing
ten acres will cost half as much as forty, though only of one-fourth
value. This disproportion occasions much reluctance in the class of
proprietors before-mentioned; and though it is frequently overcome by
the superior influence of the great landholders, yet the injustice of it
cannot but strike the considerate mind with conviction.[347]
_Leicestershire_ [_William Pitt, Leicester_, 1809, _pp._ 15,16 _and_
166].
The enclosure of this vale[348] has not at all, I believe, hitherto
lessened the number of its inhabitants, as the farms are small, and few
changes of tenantry have taken place. The farmer and his family take a
hand in the business, yet few can do without a male and female servant,
and labourer, who may have a family: these with the necessary
mechanics, blacksmith, wheelwright, tailor, weaver, etc., form a
considerable population in each village, I should suppose about 10 or 12
to every 100 acres.... As the tendency of the country is to pasture and
feeding, the rejected occupier and his family must emigrate into towns,
or elsewhere, for employ.
The management of the Duke of Rutland's property has always been
conducted in the most liberal and benevolent manner; yet I think the
enclosure of a rich district, and converting it to grass, has a natural
tendency to decrease the population of that district; less corn is
certainly now raised in Belvoir than in its open state.
Mr. Ainsworth complains that labourers have not in general sufficient
gardens, nor even cottages, for want of which they are driven into
towns; and that in many cases by enclosures the cottages have been
suffered to go to decay, as the land would let for as much rent without
them to the larger farmers, and by turning it to grass, fewer labourers'
cottages are wanting.
_Northamptonshire_ [_William Pitt, Northampton_, 1809, _p._ 70].
From the observations I have made in this county, I have no doubt but,
if the average produce of common fields be three quarters per acre, the
same land will, after a little rest as grass, and the improvements to be
effected by enclosure, produce, on an average, four quarters per acre;
and I believe that the produce of every common field may be increased in
a like proportion by enclosure and an improved cultivation.
[Footnote 342: p. 82.]
[Footnote 343: p. 86.]
[Footnote 344: p. 94.]
[Footnote 345: p. 135.]
[Footnote 346: p. 156.]
[Footnote 347: The expenses of enclosure of an average amount were
calculated by the Board of Agriculture at 497l. for the Act, 259l. for
the Survey, 344l. for the Commissioners, 550l. 7s. 6d. for fencing, etc.
General Report on Enclosures, 1808.]
[Footnote 348: Belvoir.]
7. ARTHUR YOUNG'S CRITICISM OF ENCLOSURE [_Young, An Inquiry into the
Propriety of Applying Wastes, etc._, 1801, _pp._ 13 _and_ 42], 1801.
Go to an alehouse kitchen of an old enclosed country, and there you will
see the origin of poverty and poor rates. For whom are they to be sober?
For whom are they to save? (Such are their questions.) For the parish?
If I am diligent, shall I have leave to build a cottage? If I am sober,
shall I have land for a cow? If I am frugal, shall I have half an acre
of potatoes? You offer no motives; you have nothing but a parish officer
and a workhouse! Bring me another pot.
* * * * *
Objection VIII. Wastes are as much property as my house.
Will a farmer give up his right of commonage?
I will not dispute their meaning[349]; but the poor look to facts, not
meanings: and the fact is, that by nineteen enclosure bills in twenty
they are injured, in some grossly injured. It may be said that
commissioners are sworn to do justice. What is that to the people who
suffer? It must be generally known that they suffer in their own
opinions, and yet enclosures go on by commissioners, who dissipate the
poor people's cows wherever they come, as well those kept legally as
those which are not. What is it to the poor man to be told that the
Houses of Parliament are extremely tender of property, while the father
of the family is forced to sell his cow and his land because the one is
not competent to the other; and being deprived of the only motive to
industry, squanders the money, contracts bad habits, enlists for a
soldier, and leaves the wife and children to the parish? If enclosures
were beneficial to the poor, rates would not rise as in other parishes
after an act to enclose. The poor in these parishes may say, and with
truth, _Parliament may be tender of property_; _all I know is, I had a
cow, and act of Parliament has taken it from me_. And thousands may make
this speech with truth.
8. ENCLOSURE CONSOLIDATING ACT [_Statutes, Geo. III, 109_], 1801.
An Act for consolidating in one act certain provisions usually inserted
in acts of inclosure; and for facilitating the mode of proving the
several facts usually required on the passing of such acts.
II. No commissioner shall be capable of being a purchaser of any part or
parts of the lands, tenements, or hereditaments within any parish in
which the lands and grounds intended to be inclosed are situate, either
in his own name, or in the name or names of any person or persons, until
five years after the date and execution of the award to be made by any
such commissioner or commissioners.
IV. And be it further enacted, that a true, exact, and particular
survey, admeasurement, plan, and valuation, of all the lands and grounds
to be divided, allotted, and inclosed by any such act, and also of all
the messuages, cottages, orchards, gardens, homesteads, ancient inclosed
lands and grounds, within any such parish or manor, shall be made and
reduced in writing, by such commissioner or commissioners, or by such
other person or persons as he or they shall nominate and appoint, as
soon as conveniently may be, for the purposes of such act.
VI. And be it further enacted, that all persons, and bodies corporate or
politic, who shall have or claim any common or other right to or in any
such lands so to be inclosed, shall deliver or cause to be delivered to
such commissioner or commissioners, or one of them, at some one of such
meetings as the said commissioner or commissioners shall appoint for the
purpose (or within such further time, if any, as the said commissioner
or commissioners shall for some special reason think proper to allow for
that purpose) an account or schedule in writing, signed by them, or
their respective husbands, guardians, trustees, committees, or agents,
of such their respective rights or claims, and therein describe the
lands and grounds, and the respective messuages, lands, tenements, and
hereditaments, in respect whereof they shall respectively claim to be
entitled to any and which of such rights in and upon the same or any
part thereof, with the name or names of the person or persons then in
the actual possession thereof, and the particular computed quantities of
the same respectively, and of what nature and extent such right is, and
also in what rights, and for what estates and interests, they claim the
same respectively, distinguishing the freehold from the copyhold or
leasehold; or on non-compliance therewith, every of them making default
therein shall, as far only as respects any claim so neglected to be
delivered, be totally barred and excluded of and from all right and
title in or upon such lands so to be divided respectively, and of and
from all benefit and advantage in or to any share or allotment thereof.
[All objections must be delivered in writing to the commissioners before
the meeting appointed to consider objections.]
VII. Provided also, and be it further enacted, that nothing herein
contained shall authorise such commissioner or commissioners to hear and
determine any difference or dispute which may arise, touching the right
or title to any lands, tenements, or hereditaments, but such
commissioner or commissioners shall assign and set out the several
allotments directed to be made unto the person or persons, who, at the
time of the division and inclosure, shall have the actual seisin or
possession of the lands, tenements, or hereditaments, in lieu or in
right whereof such allotment shall be respectively made.
[VIII. Commissioners, before making any allotments, to appoint public
carriage roads, and prepare a map thereof to be deposited with their
clerk, and give notice thereof, and appoint a meeting, at which, if any
person shall object, the commissioners, with a justice of the division,
shall determine the matter.]
XII. And be it further enacted, that such commissioner or commissioners
in making the several allotments directed by any such act, shall have
due regard as well to the situation of the respective houses or
homesteads of the proprietors, as to the quantity and quality of the
lands and grounds to be allotted to them respectively, so far as may be
consistent with the general convenience of the said proprietors; and
that such commissioner or commissioners in making the said allotments
shall have particular regard to the convenience of the owners or
proprietors of the smallest estates in the lands and grounds directed to
be allotted and exchanged.
XIV. And be it further enacted, that the several shares of and in any
lands or grounds shall, when so allotted, be and be taken to be in full
bar of and satisfaction and compensation for their several and
respective lands, grounds, rights of common, and all other rights; and
that from and immediately after the making the said division and
allotments, and the execution of the award, all rights whatsoever, by
such act intended to be extinguished, belonging to or claimed by any
person or persons whomsoever, bodies politic or corporate, in, over, or
upon such lands or grounds, shall cease, determine, and be for ever
extinguished.
[XXIV and XXIX. If allotments are not enclosed and fenced within an
appointed time the commissioners may have the work done and charge the
expense to the proprietor or let the allotment and apply the rents till
the expenses are paid. If it has been provided by an act that the
expenses of obtaining and executing it are to be shared among the
proprietors of allotments the commissioners may levy them by distress
and sale of the goods of those who fail to pay at the appointed times.]
XXXII. And be it further enacted, that in case it shall be provided by
any such act, that the expenses attending the same shall be paid by sale
of any part of the land so to be inclosed, the said commissioner or
commissioners shall mark and set out such part or parts of the said
waste or commonable lands, as in his or their opinion will by sale
thereof raise a sum of money sufficient to pay and discharge all such
charges and expenses as may by any such act be directed to be paid and
discharged out of the same; and the said commissioner or commissioners
shall sell such part or parts of the said lands to any person or persons
for the best price or prices that can be gotten for the same.
XXXV. And be it further enacted, that as soon as conveniently may be
after the division and allotment of the said lands and grounds shall be
finished, pursuant to the purport and directions of this or any such
act, the said commissioner or commissioners shall form and draw up, or
cause to be formed and drawn up, an award in writing, which shall
express the quantity of acres, roods, and perches, in statute measure,
contained in the said lands and grounds, and the quantity of each and
every part and parcel thereof which shall be so allotted, assigned, or
exchanged, and the situations and descriptions of the same respectively,
and shall also contain a description of the roads, ways, footpaths,
watercourses, watering places, quarries, bridges, fences, and land
marks, set out and appointed by the said commissioner or commissioners
respectively as aforesaid, and all such other rules, orders, agreements,
regulations, directions, and determinations, as the said commissioner or
commissioners shall think necessary, proper, or beneficial to the
parties; which said award shall be fairly ingrossed or written on
parchment, and shall be read and executed by the commissioner or
commissioners, in the presence of the proprietors who may attend at a
special general meeting called for that purpose, of which ten days'
notice at least shall be given in some paper to be named in such act and
circulating in the county, which execution of such award shall be
proclaimed the next Sunday in the church of the parish in which such
lands shall be, from the time of which proclamation only, and not
before, such award shall be considered as complete.
XL. And be it further enacted and declared that nothing in such act
contained shall lessen, prejudice, or defeat the right, title, or
interest of any lord or lady of any manor or lordship, or reputed manor
or lordship, within the jurisdiction or limits whereof the lands and
grounds thereby directed to be divided and allotted are situate, lying,
and being of, in, or to the seigniories, rights, and royalties incident
or belonging to such manor or lordship, or reputed manor or lordship, or
to the lord or lady thereof, or to any person or persons claiming under
him or her, but the same (other than and except the interest and other
property as is or are meant or intended to be barred by such act) shall
remain, in as full, ample, and beneficial manner, to all intents and
purposes, as he or she might or ought to have held or enjoyed such
rights before the passing of such act, or in case the same had never
been made.
[Footnote 349: _Ibid._ p. 42.]
9. GENERAL ENCLOSURE ACT [_Statutes_, 8 _and_ 9 _Victoria_, 118], 1845.
An act to facilitate the inclosure and improvement of commons and lands
held in common, the exchange of lands, and the division of intermixed
lands; to provide remedies for defective or incomplete executions, and
for the non-execution of the powers of general and local inclosure acts;
and to provide for the revival of such powers in certain cases.
... Be it therefore enacted ... that it shall be lawful for one of her
Majesty's principal secretaries of State to appoint any two fit persons
to be commissioners under this act ... and the commissioners shall, with
the first commissioner of her Majesty's woods, forests, land reserves,
works and buildings for the time being, be the commissioners for
carrying this act into execution.
[Assistant commissioners may be appointed to whom powers may be
delegated.
Village greens may not be enclosed. Land near towns and land subject to
unlimited rights of pasture, etc., may not be enclosed without special
direction of parliament.]
XXX. And be it enacted, that in the provisional order of the
commissioners concerning the enclosures under the provisions of this
act of any waste land of any manor on which the tenants of such manor
have rights of common, or of any other land subject to rights of common
which may be exercised all times of the year, and which shall not be
limited by number or stints, it shall be lawful for the commissioners to
require ... the appropriation of an allotment for the purpose of
exercise and recreation for the inhabitants of the neighbourhood [10
acres for a population of 10,000; 8 for 5,000 to 10,000, etc.]
XXXI. [In similar cases the commissioners may order the appropriation of
such an allotment for the labouring poor as the commissioners shall
think necessary.]
L. All encroachments and enclosures, other than enclosures duly
authorised by the custom of the manor of which such land shall be parcel
... within twenty years next before the first meeting for the
examination of claims ... shall be deemed parcel of the land subject to
be enclosed; provided always that in case ... it shall appear to the
commissioners just or reasonable that rights or interests in the lands
to be enclosed should be allowed to the persons in possession of such
encroachments, it shall be lawful for the commissioners ... to direct
what rights shall be allowed.
[Encroachments of twenty years standing to be deemed old enclosures.]
SECTION III
GOVERNMENT REGULATION OF WAGES, CONDITIONS OF EMPLOYMENT, AND PUBLIC
HEALTH
1. An Act against Truck, 1701--2. A Wages Assessment at a
Warwickshire Quarter Sessions, 1738--3. Spitalfields Weavers Act,
1773--4. A Middlesex Wages Assessment under the Spitalfields Act,
1773--5. Agricultural Labourers' Proposals for a Sliding Scale of
Wages, 1795--6. Debates on Whitbread's Minimum Wage Bill, 1795-6--7.
Arbitration Act for the Cotton Industry, 1800--8. Amendment of the
Arbitration Act, 1804--9. The First Factory Act, 1802--9A. Minutes of
Committee on Children in Factories--10. Calico Printers' Petition for
Regulation, 1804--11. Report on Calico Printers' Petition, 1806--12.
Cotton Weavers' Petition against the Repeal of 5 Elizabeth c. 4,
1813--13. Debates on the Regulation of Apprentices, 1813-1814--14.
Resolutions of the Watchmakers on Apprenticeship, 1817--15. Report of
Committee on the Ribbon Weavers, 1818--16. The Cotton Factory Act of
1819--17. Oastler's First Letter on Yorkshire Slavery, 1830--18.
Factory Act, 1833--19. Proposals for a Wages Board for Hand-loom
Weavers, 1834--20. Coal Mines Regulation Act, 1842--21. Debate on
Factory Legislation, 1844--22. Factory Act, 1844--23. Recommendations
of the Commission on the Health of Towns, 1845.
The eighteenth century was nearly a blank period in the history of
direct regulation of industrial conditions by the State. There was no
systematic intervention on the scale of Tudor or Victorian times; and
political opinion hardened against the principle and destroyed the
machinery which had been inherited from the sixteenth century. Such
machinery, for the regulation of wages, was still occasionally used in
the early part of the eighteenth century, as is shown by occasional
examples of wages assessments at Quarter Sessions (No. 2). Acts were
passed for individual trades forbidding the practice of paying wages in
truck (No. 1). Local pressure even obtained a special Act providing for
the regulation of London silk-weavers' wages (No. 3, No. 4). This
Spitalfields Act was used as a precedent for the proposals to extend the
policy of regulation, which began to fill the Journals of the House of
Commons during the period when the new machinery and methods and the
French wars dislocated employment and wages. Examples are given of
petitions asking that wages should be regulated and that the limitation
of apprentices should be enforced under the statute 5 Elizabeth c. 4, to
which attention had been called (Nos. 10, 11, 12 and 14). Independent
attempts were made to set up a minimum wage, directly and through
wages-boards (Nos. 5, 6 and 19). All these applications ended in
complete failure. Parliament provided a system of arbitration for the
cotton industry (Nos. 7 and 8), but repealed both the wages and
apprenticeship clauses of the Elizabethan Act. Contemporary opinion in
Parliament relied on the working of free bargaining and economic forces
(Debates on Whitbread's Bill and on Apprenticeship, Nos. 6 and 13).
The history of Factory legislation (Nos. 9, 16, 17, 18, 20, 21, 22)
shows how the policy of non-interference was abandoned in another field.
The employment of children in the new factories was one result of the
eighteenth century system of Poor relief. It produced horrors which the
first Factory Act was designed to remedy (No. 9). But the use of
steam-power and the growth of big industrial districts led to the
wholesale employment of children not under the Poor Law. Public opinion
was at last aroused by the campaigns of Oastler and others, who pointed
to the contrast between the Anti-Slavery agitation and the conditions of
the English mills (No. 17). The successive Acts of 1819, 1833, 1842 and
1844 (Nos. 16, 18, 20, 22) show how legislators were forced to extend
the principle of regulation from children to young persons and women,
and from cotton mills to other textile factories and to mines. In the
debate on the Act of 1844 the respective points of view of the Tory
philanthropist, the political economist, and the manufacturer, were
dramatically contrasted (No. 21). The last extract is from one of a
series of reports on the condition of great industrial towns (No. 23),
by which Chadwick, a disciple of Bentham and a champion of the new
Poor-law, forced Parliament to interfere in the economic control of town
life.
AUTHORITIES
For modern writers on general conditions, see Authorities for Section
I. The history of agitation for Factory legislation is to be found in
Hutchins and Harrison, _History of Factory Legislation_; Von Plener
_Die Englische Fabrikgesetzgebung_; Alfred (S. Kydd), _The Factory
Movement_; Cooke Taylor, _The Factory System and the Factory Acts_;
Keeling, _Child Labour in the United Kingdom_, Part I. Details of the
agitation are given in Hodder, _Life of Shaftesbury_; Podmore, _Life
of Owen_; Hutchins, _The Public Health Agitation_; Greenwood, Richard
Oastler. A general view is given in Dicey, _Law and Opinion in
England_; Kirkman Gray, _Philanthropy and the State_; Held, _Zwei
Bücher zur Sozialen Geschichte Englands_.
Bibliographies are in Hutchins and Harrison, _op. cit._; Cunningham,
_op. cit._; and Cambridge Modern History, Vol. XII.
_Contemporary._--See Authorities for Section I. In addition, for
Wages Assessments under the Spitalfields Act in 1784 and 1795, see
collection in British Museum, 1029, p. 4. The Reports of Factory
Inspectors are valuable sources after 1833. See also Hansard
Parliamentary Debates on Wages, and Factory Legislation, 1795,
1813-14, 1816, 1832-3, 1844, 1846.
The chief contemporary literary sources for general conditions are
given under Section I. The Factory legislation movement is described
by some of the actors: Owen, Observations on the Manufacturing
System; Oastler, Yorkshire Slavery, Life and Opinions, Letters from
the Fleet, etc.; Memoir of the Life and Writings of Michael Sadler;
Nassau Senior, Letters on the Factory Act; L. Horner, On the
Employment of Children in Factories.
1. AN ACT AGAINST TRUCK [_Statutes_, 1 _Anne_ 2, 18], 1701.
An act for the more effectual preventing the abuses and frauds of
persons imployed in the working up the woollen, linen, fustian, cotton,
and iron manufactures of this kingdom.
* * * * *
III. And to prevent the oppression of the labourers and workmen imployed
in the woollen, linen, fustian, cotton and iron manufacture, be it
enacted by the authority aforesaid, That all payments and satisfactions
hereafter to be made to any of the same labourers and workmen, for any
work by them done in the same manufacture, shall be by the lawful coin
of this realm, and not by any cloth, victuals, or commodities, in lieu
thereof: and all wool delivered out to be wrought up, shall be so
delivered, with declaration of the true weight thereof, on pain that
every offender, in either of the said cases, shall forfeit and pay to
such labourer or worker, double the value of what shall be due for such
work by him, her, or them done; and if any such labourer or worker shall
be guilty of any such fraud or default in the work by him, her, or them
done, then such labourer or worker shall allow and answer to the owner
of such work double the damages thereby sustained.
[_Cf._ 12 Geo. I. c. 34, sec. iii.--"every clothier, sergemaker or
woollen or worsted stuffmaker, or person concerned in making any woollen
cloths, serges or stuffs, or any wise concerned in employing woolcombers
weavers or other labourers in the woollen manufactory, shall ... pay
unto all persons by them employed ... the full wages or other price
agreed on in good and lawful money of this kingdom; and shall not pay
the said wages ... or any part thereof, in goods or by way of truck."]
2. A WAGES ASSESSMENT AT WARWICKSHIRE QUARTER SESSIONS [_Ashby_, _The
Poor Law in a Warwickshire Village_ (_Oxford Studies in Social and Legal
History_, _Vol. III_, _p._ 175)], 1738.
The particular rate of wages of all manner of artificers, labourers, and
servants, as well by the day with meat and drink as without, as also by
the whole year in gross or by task, made and provided, having a special
regard and consideration to the prices of provisions and all other
circumstances necessary to be considered at this time. April, 1738.
£ s. d.
Every servant in husbandry by the year 5 10 0
Second servant 4 0 0
Servant boy from 14 to 18 years of age 2 10 0
Servant boy from 11 to 14 1 0 0
Every head servant maid by the year 3 0 0
Second maid servant 2 10 0
Labourers from Martinmas to March 25 by the day 0 0 8
From March 25 to harvest and after harvest to
Martinmas 0 0 9
Every mower of grass by the day, with drink 0 1 0
" without drink 0 1 2
Every woman in haymaking, with drink 0 0 5
" without drink 0 0 6
Every woman in corn harvest, with drink 0 0 6
" without drink 0 0 7
Every carpenter by the day, March 25 to St
Michael's, with drink 0 1 0
" without drink 0 1 2
From Michaelmas to Lady Day, with drink 0 0 10
" without drink 0 1 0
Every mason by the day in summer, with drink 0 0 10
" without drink 0 1 0
Every mason by the day in winter, with drink 0 0 10
" without drink 0 1 0
Thatcher by day, summer and winter 0 1 0
Weeders of corn by the day 0 0 4
[This was still in force in 1773.]
3. SPITALFIELDS WEAVERS ACT [_Statutes_, 13 _Geo. III_, 68], 1773.
An Act to impower the magistrates therein mentioned to settle and
regulate the wages of persons employed in the Silk Manufacture within
their respective jurisdictions.
Whereas it would be for the benefit of persons employed in the Silk
Manufacture, if the magistrates were impowered to settle, between the
master weavers and their journeymen, the price of labour in the several
branches of the said manufacture; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the Lords
spiritual and temporal, and Commons, in this present Parliament,
assembled and by the authority of the same, that from and after the
first day of July, one thousand seven hundred and seventy-three, the
wages and prices for work of the journeymen weavers within the city of
London shall be settled, regulated, and declared, by the Lord Mayor,
Recorder and Aldermen, of the said city; and in all places in the county
of Middlesex, by the Justices of the Peace for the said county; and in
all places within the city and liberty of Westminster, at the General
Quarter Sessions of the peace holden in and for the said city and
liberty; and in all places within the liberty of the Tower of London, at
the General Quarter Sessions of the Peace holden in and for the said
liberty, at their General Quarter Sessions of the Peace respectively;
and the Lord Mayor, Recorder and Aldermen of the city of London, and the
said Justices of the Peace, are hereby respectively authorised and
impowered, from time to time, upon application being made to them for
that purpose, to settle, regulate, order, and declare the wages and
prices of work of the journeymen weavers working within their respective
jurisdictions as aforesaid; and shall and may, within the space of
fourteen days next after the making every such order, cause the same to
be printed and published, at the reasonable expense of the person or
persons applying for the same, three times, in any two daily newspapers
published in London or Westminster; which publication shall be deemed
and allowed to be sufficient notice and publication thereof; and from
and after publication thereof, all weavers, and their journeymen, are
hereby strictly required to observe the same.
And be it further enacted, that if after the said first day of July, one
thousand seven hundred and seventy-three, any master weaver, within
either of the aforesaid districts, shall give more or less wages, or pay
larger or less prices, to any of the journeymen weavers aforesaid, for
their work, than shall be settled or allowed as aforesaid, and shall be
convicted of the said offences before any two of His Majesty's Justices
of the Peace, within either of the districts or jurisdictions aforesaid
where the said offence shall be committed, on the oath or oaths of one
or more credible witness or witnesses, he shall forfeit the sum of fifty
pounds; to be levied by distress and sale of the offender's goods; and
the said penalty, when recovered, shall be paid into the hands of the
Master of the Weavers' Company, first deducting the expense of such
prosecution, to be distributed by him, in conjunction with the Wardens
of the said company, to any distressed journeymen weavers or their
families, who shall have been last employed in either of the aforesaid
jurisdictions, at their discretion.
And be it further enacted, that if any journeyman weaver or weavers
within the districts aforesaid, shall ask, receive, or take more or less
wages, or larger or less prices for their work than shall be settled by
the respective quarter-sessions, as aforesaid; or shall enter into any
combination to raise the wages or prices of the said work, or for this
purpose shall decoy, solicit, or intimidate, any journeyman or
journeymen weavers within the districts aforesaid, so that he or they
quit their masters, for whom they shall then be employed; or shall
assemble themselves in any numbers exceeding the number of ten, in order
to frame or deliver petitions or other representations, touching their
wages or prices of work, except to the said Justices of the Peace, or to
the Lord Mayor, Recorder, and Aldermen of the city of London, at their
respective Quarter Sessions, and shall be convicted of any of the said
offences, on the oath or oaths of one or more credible witness or
witnesses, before any two or more of His Majesty's Justices of the
Peace, within either of the districts or jurisdictions aforesaid where
the offence shall be committed, [he or they] shall forfeit a sum not
exceeding forty shillings: And if the said forfeiture be not immediately
paid, it shall and may be lawful for the said Justices to commit the
said offender to the House of Correction, to hard labour, for any time
not exceeding three months; the said forfeiture, when recovered, to be
applied in the same manner as the forfeiture of fifty pounds
afore-mentioned.
And be it further enacted, that it shall and may be lawful for any two
Justices of the Peace, within the limits and jurisdictions aforesaid, on
information upon oath made before them by any person or persons
whatsoever, that there is reason to suspect that any master or
journeyman weaver, within the districts or jurisdictions aforesaid, hath
been guilty of any of the offences aforesaid, at request of such
informant, to issue their summons, in writing, signed by any such two
Justices, requiring any clerk, foreman, apprentice, servant, or other
person or persons employed or retained by such person so suspected to
have offended, or any other person or persons whatsoever, whose
attendance shall appear necessary for the purpose of giving evidence in
the premises, to attend and testify concerning the premises: And if any
person so summoned shall not attend, and proof shall be made of the
service of such summons either personally or by leaving the same at the
last or usual place of abode of such person, it shall be lawful for such
two Justices, or any other two Justices of the Peace acting for such
county or place, and they are hereby required (unless a reasonable
excuse be made for such non-attendance to the satisfaction of such
justices) to issue their warrant, under their hands and seals, for the
apprehending and bringing him or her before them, or some other two or
more Justices of the Peace acting for such county or place, to be
examined touching the premises; and if any such person so attending or
being brought before such Justices, shall refuse to be examined or give
their testimony touching the premises, such person shall by the said
justices be committed to the House of Correction for one month, there to
remain, unless he or she shall sooner submit to be examined and give
testimony as the law requires.
And be it further enacted, that if any master weaver residing within the
limits aforesaid, shall, directly or indirectly, in any manner
whatsoever, retain or employ any journeyman weaver out of or beyond the
limits aforesaid, with intent or design to elude or evade this act, or
shall give, allow, or pay, or cause to be given, allowed, or paid, to
such journeyman, any more or less wages than shall be settled, as
aforesaid, every such person shall, for every such offence, forfeit
fifty pounds; to be sued for by action of debt, in any of His Majesty's
Courts of Record at Westminster, wherein no essoin, protection, or wager
of law, or more than one imparlance, shall be allowed, and wherein the
ordinary costs of the suit shall be paid; one moiety of which said
forfeiture, when recovered, shall belong and be paid to His Majesty and
His successors, and the other moiety to the person who shall sue for the
same.
Provided always, and be it further enacted, that nothing in this act
contained shall extend, or be construed to extend, to fix, control, or
regulate, the wages or allowances to be paid to servants in the said
business of a weaver, _bona fide_ retained and employed as foreman.
And be it further enacted by the authority aforesaid, that from and
after the passing of this act, no person or persons, being silk weavers,
residing within the districts aforesaid, shall have in his or their
service at any one time more than two apprentices, upon pain of
forfeiting for every offence the sum of twenty pounds; to be levied by
distress and sale of the offender's goods and chattels, upon conviction,
on the oath or oaths of one or more credible witness or witnesses,
before two Justices of the Peace within either of the jurisdictions
aforesaid where the said offence shall be committed, and the said
penalty, when recovered, shall be paid into the hands of the Master of
the Weavers' Company, to be applied by him, as aforesaid, and the said
Justices are hereby authorised and required to discharge every such
apprentice or apprentices exceeding the number of two.
4. A MIDDLESEX WAGES ASSESSMENT UNDER THE SPITALFIELDS ACT [_Public
Record Office_, _H.O._ 86, 26], 1773.
Sir John Fielding presents his respects to the Earl of Suffolk and
acquaints him that he had the pleasure yesterday of assisting at the
general Quarter Sessions for the county of Middlesex to carry into
execution the late Act of Parliament for the regulating of the wages of
journeymen weavers in Spitalfields, etc., and the wages were then
settled by a numerous and unanimous bench to the entire satisfaction of
those masters and journeymen weavers who appeared there in behalf of
their respective bodies, and I sincerely hope that this step will prove
a radical cure for all tumultuous assemblies from that quarter so
disrespectful to the King and so disagreeable to Government, as it will
amply reward your Lordship's judicious attention to a matter so
conducive to peace and good order, for by this statute your Lordship has
conveyed contentment to the minds of thousands of his Majesty's
subjects. The Act for the appointment of clergymen with proper salaries
agreeable to my proposals was also carried into execution to attend the
gaols, and this preventive step will, I am persuaded, be attended with
very salutary effects; and as the important business of the sessions is
over, I hope your Lordship will take the advantage of my Lord North's
leisure to settle the affair regarding my general prevention plan which
now lies before him for his Majesty's approbation.
I am, with unfeigned truth, my Lord,
Your Lordship's respectful and the public's faithful Servant.
Sir John Fielding,
9th July, 1773.
5. AGRICULTURAL LABOURERS' PROPOSALS FOR A SLIDING SCALE OF WAGES
[_Annals of Agriculture, Vol. XXV, p. 503_[350]], 1795.
At a numerous meeting of the day labourers of the little parishes of
Heacham, Snettisham, and Sedgford, this day, 5th November, in the parish
church of Heacham, in the county of Norfolk, in order to take into
consideration the best and most peaceable mode of obtaining a redress of
all the severe and peculiar hardships under which they have for many
years so patiently suffered, the following resolutions were unanimously
agreed to:--1st, That _the labourer is worthy of his hire_, and that the
mode of lessening his distresses, as hath been lately the fashion, by
selling him flour under the market price, and thereby rendering him an
object of a parish rate, is not only an indecent insult on his lowly and
humble situation (in itself sufficiently mortifying from his degrading
dependence on the caprice of his employer) but a fallacious mode of
relief, and every way inadequate to a radical redress of the manifold
distresses of his calamitous state. 2nd, That the price of labour
should, at all times, be proportioned to the price of wheat, which
should invariably be regulated by the average price of that necessary
article of life; and that the price of labour, as specified in the
annexed plan, is not only well calculated to make the labourer happy
without being injurious to the farmer, but it appears to us the only
rational means of securing the permanent happiness of this valuable and
useful class of men, and, if adopted in its full extent, will have an
immediate and powerful effect in reducing, if it does not entirely
annihilate, that disgraceful and enormous tax on the public--the Poor
Rate.
_Plan of the Prices of Labour Proportionate to the Price of Wheat._
per last. per day
When wheat shall be 14l. the price of labour shall be 1s. 2d.
" " " 16 " " " 1s. 4d.
" " " 18 " " " 1s. 6d.
" " " 20 " " " 1s. 8d.
" " " 22 " " " 1s. 10d.
" " " 24 " " " 2s. 0d.
" " " 26 " " " 2s. 2d.
When wheat shall be 28l. the price of labour shall be 2s. 4d.
" " " 30 " " " 2s. 6d.
" " " 32 " " " 2s. 8d.
" " " 34 " " " 2s. 10d.
" " " 36 " " " 3s. 0d.
And so on, according to this proportion.
3rd. That a petition to parliament to regulate the price of labour,
conformable to the above plan, be immediately adopted; and that the day
labourers throughout the county be invited to associate and co-operate
in this necessary application to parliament, as a peaceable, legal, and
probable mode of obtaining relief; and, in doing this, no time should be
lost, as the petition must be presented before the 29th January, 1796.
4th. That one shilling shall be paid into the hands of the treasurer by
every labourer, in order to defray the expenses of advertising,
attending on meetings, and paying counsel to support their petition in
parliament.
5th. That as soon as the sense of the day labourers of this county, or a
majority of them, shall be made known to the clerk of the meeting, a
general meeting shall be appointed, in some central town, in order to
agree upon the best and easiest mode of getting the petition signed:
when it will be requested that one labourer, properly instructed, may be
deputed to represent two or three contiguous parishes, and to attend the
above intended meeting with a list of all the labourers in the parishes
he shall represent, and pay their respective subscriptions; and that the
labourer, so deputed, shall be allowed two shillings and sixpence a day
for his time, and two shillings and sixpence a day for his expenses.
6th. That Adam Moore, clerk of the meeting, be directed to have the
above resolutions, with the names of the farmers and labourers who have
subscribed to and approved them, advertised in one Norwich and one
London paper; when it is hoped that the above plan of a petition to
parliament will not only be approved and immediately adopted by the day
labourer of this county, but by the labourers of every county in the
kingdom.
7th. That all letters, _post paid_, addressed to Adam Moore, labourer,
at Heacham, near Lynn, Norfolk, will be duly noticed.
[Footnote 350: Quoted Hammond, _The Village Labourer_, pp. 137-9.]
6. DEBATES ON WHITBREAD'S MINIMUM WAGE BILL [_Parliamentary History,
Vol. XXXIII, cols. 700-15_], 1795-6.
_Debate in the Commons on Mr. Whitbread's Bill to regulate the wages of
Labourers in Husbandry. December 9._ Mr. Whitbread presented to the
House a bill "to explain and amend so much of the act of the 5th of
Elizabeth, intituled: 'An act containing divers orders for artificers,
labourers, servants of husbandry and apprentices,'" as empowers justices
of the peace, at, or within six weeks after, every general quarter
sessions held at Easter, to regulate the wages of labourers in
husbandry. The bill was read a first time. On the motion for the second
reading, Mr. Whitbread said, that he had brought forward this bill under
the idea that it was possible, by adopting its regulations, to give
great relief to a very numerous and useful class of the community. The
act of Elizabeth empowered justices of the peace to fix the maximum of
labour. This bill went only to empower them to fix the minimum. However
the House might decide with respect to his bill, he trusted at least
that the act of Elizabeth would be repealed.
_Mr. Fox_ said, that the bill was undoubtedly a bill of great delicacy
and importance, and with respect to which, he admitted that, to a
considerable extent, there might exist a rational difference of opinion.
The act of Elizabeth, as his hon. friend had truly stated, empowered the
justices to fix the highest price of labour, but it gave them no power
to fix the lowest. It secured the master from a risk that could but
seldom occur, of being charged exorbitantly for the quantity of service;
but it did not authorise the magistrate to protect the poor from the
injustice of a griping and avaricious employer, who might be disposed to
take advantage of their necessities, and undervalue the rate of their
service. If the price of labour was adequate to the support of the poor
at ordinary times, though not equal to the accidental high price of
provisions at the present moment, it might be contended that there was
less necessity for any new legislative regulation. But, taking the
average price of labour for some years past, including that period
during which the scarcity had operated, no man could deny that the price
of labour was greatly disproportionate to the rate of provisions. That
the general price of labour should be adequate to the support of the
general mass of the community was indisputably a right principle. They
all knew that a very extensive tax was exacted from the country, under
the denomination of poor-rates, and that such a tax must be continued.
It was understood that to this fund none could apply, but those few to
whom, from particular circumstances, their labour might not be
sufficiently productive to secure an adequate support. But he feared
that the reverse was the case; that the exception was with respect to
the few who derived sufficient means of subsistence from their labour,
and that the great mass of the labouring part of the community were
under the necessity of applying to this fund for relief. If the House,
as was proposed, were to form an association, in order to pledge
themselves to use only a particular sort of bread, with a view to
diminish the pressure of the scarcity, ought they not at the same time
to form an association in order to raise the price of labour to a rate
proportionate to the price of articles of subsistence? With this view,
he called upon the House to consider the principle of the bill, and its
provisions. He would call upon them also to attend to the subject, in a
constitutional view, though he could not hope, from the complexion of
recent transactions, that this was a view of the subject which would
have great weight. It was not fitting in a free country that the great
body of the people should depend upon the charity of the rich. In the
election of members of Parliament, all those were strictly excluded from
exercising any franchise, with a very few exceptions, who had at any
time received relief from the parish. Was it becoming in a country like
this, that the general mass of the labouring part of the community,
excepting those who derived relief from the bounty and generosity of
individuals, should be excluded from the exercise of their most
important privilege as freemen! He admitted many of the rich to be
humane and charitable; but he could not allow that those who were the
most useful and industrious members of society should depend upon a fund
so precarious and degrading, as the occasional supplies derived from
their bounty. If the price of provisions had for two years been such as
to put every poor man under the necessity of applying for the aid of
parochial charity, and if that circumstance constituted a positive
disqualification with respect to the exercise of a constitutional right,
what, he asked, was the state of a country which first compelled every
poor man to dependence, and then reduced him to servitude? If they were
to go into associations, pledging themselves to use a particular sort of
bread, with a view to alleviate the scarcity, it was surely of more
importance that they should associate in order to redress the more
material grievance, and strike at the fundamental source of the evil.
With this view he should be glad to see an association in order to put
the price of labour upon a footing adequate to the rate of provisions.
If the regulations of the present bill should not be adopted, he should
be happy that any other legislative enactments should be brought forward
in order to afford relief and protection to the poor.
The bill was ordered to be read a second time on the 3rd of February,
and to be printed.
_February 12th, 1796._ The order of the day being read for the second
reading of the bill,
_Mr. Whitbread_ said, that ample time had been given for members to
consider maturely its object and regulations, and to collect from their
constituents such information as they might require. For his own part,
every inquiry he had instigated, convinced him of the necessity of
remedying the grievances of the industrious poor by some legislative
provisions. Whether those which he had suggested were the most proper to
be adopted, was a question for the decision of the House? Having
bestowed considerable pains in drawing up the bill, he might have left
it for their consideration upon its merits alone, did not the novelty of
the measure demand a few words in explanation. He felt as much as any
man how greatly it was to be desired that there should be no legislative
interference in matters of this nature, and that the price of labour,
like every other commodity, should be left to find its own level. From
reasonings upon the subject, the result was, that it always would find
its level. But the deductions of reason were confuted by experience; for
he appealed to the sense of the House, whether the situation of the
labouring poor in this country was such as any feeling or liberal mind
would wish? He did not mean that the wages of the labourer were
inadequate for his subsistence and comfort in times of temporary
scarcity, and unusual hardship; but even at the period preceding such
distress, the evil had prevailed. In most parts of the country, the
labourer had long been struggling with increasing misery, till the
pressure had become almost too grievous to be endured, while the
patience of the sufferers under their accumulated distresses had been
conspicuous and exemplary. And did not such distress, supported with so
much fortitude, merit relief from the legislature? Were it necessary to
refer to any authority, he would quote the writings of Dr. Price, in
which he showed that in the course of two centuries, the price of labour
had not increased more than three or at most fourfold; whereas the price
of meat had increased in the proportion of six or seven; and that of
clothing, no less than fourteen or fifteen-fold in the same period. The
poor-rates, too, had increased since the beginning of the century from
£600,000, at which they were then estimated, to upwards of three
millions. Nor was this prodigious increase in the poor rates to be
ascribed to the advance of population; for it was doubtful whether any
such increase had taken place. At the present period the contrary seemed
to be the case. By the pressure of the times, marriage was discouraged;
and among the laborious classes of the community, the birth of a child,
instead of being hailed as a blessing, was considered as a curse. For
this serious evil a remedy was required, and to this the bill was
directed. It was his wish to rescue the labouring poor from a state of
slavish dependence; to enable the husbandman, who dedicated his days to
incessant toil, to feed, to clothe, and to lodge his family with some
degree of comfort; to exempt the youth of the country from the necessity
of entering the army or the navy, and from flocking to great towns for
subsistence; and to put it in the power of him who ploughed and sowed
and threshed the corn, to taste of the fruits of his industry, by giving
him a right to a part of the produce of his labour. Such were the
grounds upon which the bill in question was built. To those who dreaded
everything that wore the aspect of innovation, and reprobated every
measure that was new, he would say that here there was no departure from
established precedents, no introduction of unknown principles. The
statute of the 5th of Elizabeth was enacted expressly for the purpose of
regulating the price of labour. This statute was acted upon for forty
years, when it was afterwards amended by a subsequent one in the reign
of James the 1st, bearing a similar title. He would not be understood as
commending the principle of these statutes: on the contrary, he was of
opinion that they operated as a clog to industry, by permitting justices
to fix the maximum of labour. But so late as the 8th of his majesty,
justices were empowered to regulate the wages of tailors, and even now
the lord mayor and council of London control those of the silk weavers.
To those who were afraid of entrusting justices with power, he should
only say, that he left the power where he found it. At present they were
possessed of the power to oppress the labourer; and this bill only
invested them with the additional power to redress his grievances. By
fixing the minimum of the wages of labour, a comfortable subsistence was
secured to industry, and at the same time greater exertions were
prompted by the hope of greater reward. To some, perhaps, the time of
bringing this subject forward might appear exceptional. There were those
who would say, if the labourers were not distressed, why agitate a
question for which no necessity calls, and awaken desires which are not
felt? Others would maintain, that it was unseasonable to direct the
public attention to such a subject, while the pressure of distress might
excite discontents, or raise improper expectations. To these he could
only answer, that he was not one who could see wise and salutary
measures sacrificed to the pretended inconvenience of the times; and
that he was of opinion that what was proper to be done could scarcely be
done out of season. He then moved, "that the bill be now read a second
time."
_Mr. Pitt_ said, that in the interval which had taken place since the
first reading of the bill, he had paid considerable attention to the
subject, and endeavoured to collect information from the best sources to
which he had access. The evil was certainly of such a nature as to
render it of importance to find out a proper remedy, but the nature of
the remedy involved discussions of such a delicate and intricate nature,
that none should be adopted without being maturely weighed. The present
situation of the labouring poor in this country was certainly not such
as could be wished, upon any principle, either of humanity, or policy.
That class had of late been exposed to hardships which they all
concurred in lamenting, and were equally actuated by a desire to remove.
He would not argue how far the comparison of the state of the labourer,
relieved as it had been by a display of beneficence never surpassed at
any period, with the state of this class of the community in former
times, was just, though he was convinced that the representations were
exaggerated. At any rate, the comparisons were not accurate, because
they did not embrace a comprehensive view of the relative situations. He
gave the hon. gentleman ample credit for his good intentions in bringing
the present bill into parliament, though he was afraid that its
provisions were such as it would be impolitic, upon the whole, to adopt;
and such as, if adopted, would be found to be inadequate to the purposes
proposed. The authority of Dr. Price had been adduced to show the great
advance that had taken place on every article of subsistence, compared
with the slow increase of the wages of labour. But the statement of Dr.
Price was erroneous, as he compared the earnings of the labourer at the
period when the comparison is instituted, with the price of provisions,
and the earnings of the labourer at the present day, with the price of
the same articles, without adverting to the change of circumstances, and
to the difference of provisions. Corn, which was then almost the only
food of the labourer, was now supplied by cheaper substitutions, and it
was unfair to conclude that the wages of labour were so far from keeping
pace with the price of provisions, because they could no longer purchase
the same quantity of an article for which the labourer had no longer the
same demand. The simple question now to be considered was, whether the
remedy for the evil, which was admitted to a certain extent to exist,
was to be obtained by giving to the justices the power to regulate the
price of labour, and by endeavouring to establish by authority, what
would be much better accomplished by the unassisted operation of
principles? It was unnecessary to argue the general expediency of any
legislative interference, as the principles had been perfectly
recognised by the hon. gentleman himself. The most celebrated writers
upon political economy, and the experience of those states where arts
had flourished the most, bore ample testimony of their truth. They had
only to enquire, therefore, whether the present case was strong enough
for the exception, and whether the means proposed were suited to the
object intended? The hon. gentleman imagined that he had on his side of
the question the support of experience in this country, and appealed to
certain laws upon the statute-book, in confirmation of his proposition.
He did not find himself called upon to defend the principle of these
statutes, but they were certainly introduced for purposes widely
different from the object of the present bill. They were enacted to
guard the industry of the country from being checked by a general
combination among labourers; and the bill now under consideration was
introduced solely for the purpose of remedying the inconveniences which
labourers sustain from the disproportion existing between the price of
labour and the price of living. He had the satisfaction to hear the hon.
gentleman acknowledge, that if the price of labour could be made to find
its own level, it would be much more desirable than to assess it by
arbitrary statute, which in the execution was liable to abuse on the one
hand, and inefficacy on the other. If the remedy succeeded according to
the most sanguine expectations, it only established what would have been
better effected by principle; and if it failed, on the one hand it might
produce the severest oppression, and on the other hand encourage the
most profligate idleness and extravagance. Was it not better for the
House, then, to consider the operation of general principles, and rely
upon the effects of their unconfined exercise? Was it not wiser to
reflect what remedy might be adopted, at once more general in its
principles, and more comprehensive in its object, less exceptional in
its example, and less dangerous in its application? They should look to
the instances where interference had shackled industry, and where the
best intentions have often produced the most pernicious effects. It was
indeed the most absurd bigotry, in asserting the general principle, to
exclude the exception; but trade, industry and barter would always find
their own level, and be impeded by regulations which violated their
natural operation, and deranged their proper effect. This being granted,
he appealed to the judgment of the House, whether it was better to refer
the matter entirely to the discretion of a magistrate, or to endeavour
to find out the causes of the evil, and by removing the causes, to apply
a remedy more justifiable in its principle, more easy in the execution,
more effectual in its operations, in fine, more consonant to every sound
and rational policy. The evil, in his opinion, originated in a great
measure in the abuses which had crept into the poor-laws of this
country, and the complicated mode of executing them. The poor-laws of
this country, however wise in their original institution, had
contributed to fetter the circulation of labour, and to substitute a
system of abuses, in room of the evils which they humanely meant to
redress, and by engrafting upon a defective plan defective remedies
produced nothing but confusion and disorder. The laws of settlements
prevented the workman from going to that market where he could dispose
of his industry to the greatest advantage, and the capitalist from
employing the person who was qualified to procure him the best returns
for his advances. These laws had at once increased the burthens of the
poor, and taken from the collective resources of the state to supply
wants which their operation had occasioned, and to alleviate a poverty
which they tended to perpetuate. Such were the institutions which
misguided benevolence had introduced, and, with such warnings to deter,
it would be wise to distrust a similar mode of conduct, and to endeavour
to discover remedies of a different nature. The country had not yet
experienced the full benefit of the laws that had already been passed to
correct the errors which he had explained. From the attention he had
bestowed upon the subject, and from the enquiries he had been able to
make of others, he was disposed to think we had not yet gone far enough,
and to entertain an opinion that many advantages might be derived, and
much of the evil now complained of removed, by an extension of those
reformations in the poor-laws which had been begun. The encouragement of
friendly societies would contribute to alleviate that immense charge
with which the public was loaded in the support of the poor, and provide
by savings of industry for the comfort of distress. Now the parish
officer could not remove the workman, merely because he apprehended he
might be burthensome, but it was necessary that he should be actually
chargeable. But from the pressure of a temporary distress might the
industrious mechanic be transported from the place where his exertions
could be useful to himself and his family, to a quarter where he would
become a burthen without the capacity of even being able to provide for
himself. To remedy such a great striking grievance, the laws of
settlement ought to undergo a radical amendment. He conceived, that to
promote the free circulation of labour, to remove the obstacles by which
industry is prohibited from availing itself of its resources, would go
far to remedy the evils, and diminish the necessity of applying for
relief to the poor-rates. In the course of a few years, this freedom
from the vexatious restraint which the laws imposed would supersede the
object of their institutions. The advantages would be widely diffused,
the wealth of the nation would be increased, the poor man rendered not
only more comfortable, but more virtuous, and the weight of poor-rates,
with which the landed interest is loaded, greatly diminished. He should
wish, therefore, that an opportunity were given of restoring the
original purity of the poor laws, and of removing those corruptions by
which they had been obscured. He was convinced, that the evils which
they had occasioned did not arise out of their original constitution,
but coincided with the opinion of Blackstone, that, in proportion as the
wise regulations that were established in the long and glorious reign of
Queen Elizabeth, have been superseded by subsequent enactments, the
utility of the institution has been impaired, and the benevolence of the
plan rendered fruitless. While he thus had expressed those sentiments
which the discussion naturally prompted, it might not, perhaps, be
improper, on such an occasion, to lay before the House the ideas
floating in his mind, though not digested with sufficient accuracy, nor
arranged with a proper degree of clearness. Neither what the hon.
gentleman proposed, nor what he himself had suggested, were remedies
adequate to the evil it was intended to remove. Supposing, however, the
two modes of remedying the evil were on a par in effect, the preference
in principle was clearly due to that which was least arbitrary in its
nature; but it was not difficult to perceive that the remedy proposed by
the hon. gentleman would either be completely ineffectual, or such as
far to over-reach its mark. As there was a difference in the numbers
which compose the families of the labouring poor, it must necessarily
require less to support a small family. Now by the regulations proposed,
either the man with a small family would have too much wages, or the man
with a large family, who had done most service to his country, would
have too little. So that were the minimum fixed upon the standard of a
large family, it might operate as encouragement to idleness on one part
of the community; and if it were fixed on the standard of a small
family, those would not enjoy the benefit of it for whose relief it was
intended. What measure then could be found to supply the defect? Let us,
said he, make relief in cases where there are a number of children, a
matter of right and an honour, instead of a ground for opprobrium and
contempt. This will make a large family a blessing, and not a curse; and
this will draw a proper line of distinction between those who are able
to provide for themselves by their labour, and those who, after having
enriched their country with a number of children, have a claim upon its
assistance for their support. All this, however, he would confess, was
not enough, if they did not engraft upon it resolutions to discourage
relief where it was not wanted. If such means could be practised as that
of supplying the necessities of those who required assistance by giving
it in labour or affording employment, which is the principle of the act
of Elizabeth, the most important advantages would be gained. They would
thus benefit those to whom they afforded relief, not only by the
assistance bestowed, but by giving habits of industry and frugality,
and, in furnishing a temporary bounty, enable them to make permanent
provision for themselves. By giving effect to the operation of friendly
societies, individuals would be rescued from becoming a burthen upon the
public, and, if necessary, be enabled to subsist upon a fund which their
own industry contributed to raise. These great points of granting relief
according to the number of children, preventing removals at the caprice
of the parish officer, and making them subscribe to friendly societies,
would tend, in a very great degree, to remove every complaint to which
the present partial remedy could be applied. Experience had already
shown how much could be done by the industry of children and the
advantages of early employing them in such branches of manufacture as
they are capable to execute. The extension of schools of industry was
also an object of material importance. If any one would take the trouble
to compute the amount of all the earnings of the children who are
already educated in this manner, he would be surprised, when he came to
consider the weight which their support by their own labours took off
the country, and the addition which, by the fruits of their toil, and
the habits to which they were formed, was made to its internal opulence.
The suggestion of these schools was originally drawn from Lord Hale and
Mr. Locke, and upon such authority he had no difficulty in recommending
the plan to the encouragement of the legislature. Much might be effected
by a plan of this nature susceptible of constant improvement. Such a
plan would convert the relief granted to the poor into an encouragement
to industry, instead of being, as it is by the present poor laws, a
premium to idleness and a school for sloth. There were also a number of
subordinate circumstances to which it was necessary to attend. The law
which prohibits giving relief where any visible property remains should
be abolished. That degrading condition should be withdrawn. No temporary
occasion should force a British subject to part with the last shilling
of his little capital, and compel him to descend to a state of
wretchedness from which he could never recover, merely that he might be
entitled to a casual supply. Another mode also of materially assisting
the industrious poor was, the advancing of small capitals, which might
be repaid in two or three years, while the person who repaid it would
probably have made an addition to his income. This might put him who
received them in the way of acquiring what might place him in a
situation to make permanent provision for himself. These were the
general ideas which had occurred to him upon the subject; if they should
be approved of by any gentleman in the House, they might perhaps appear
at a future time in a more accurate shape than he could pretend to give
them. He could not, however, let this opportunity slip without throwing
them out. He was aware that they would require to be very maturely
considered. He was aware also of a fundamental difficulty, that of
insuring the diligent execution of any law that should be enacted. This
could only be done by presenting to those who should be entrusted with
the execution motives to emulation, and by a frequent inspection of
their conduct as to diligence and fidelity. Were he to suggest an
outline, it would be this. To provide some new mode of inspection by
parishes, or by hundreds--to report to the magistrates at the petty
sessions, with a liberty of appeal from them to the general quarter
sessions, where the justice should be empowered to take cognizance of
the conduct of the different commissioners, and to remedy whatever
defects should be found to exist. That an annual report should be made
to parliament, and that parliament should impose upon itself the duty of
tracing the effect of its system from year to year, till it should be
fully matured. That there should be a standing order of the House for
this purpose, and in a word, that there should be an annual budget
opened, containing the details of the whole system of poor-laws, by
which the legislature would show that they had a constant and a watchful
eye upon the interests of the poorest and most neglected part of the
community. He was not vain enough to imagine that these ideas were the
result of his own investigations, but he was happy to say that they
arose from a careful examination of the subject, and an extensive survey
of the opinions of others. He would only add that it was a subject of
the utmost importance, and that he would do everything in his power to
bring forward or promote such measures as would conduce to the interest
of the country. He gave the hon. gentleman every possible credit for his
humane and laudable motives, yet seeing the subject in the light in
which he did, he was compelled to give his negative to the motion.
_Mr. Lechmere_ said, that the bill was not only founded in humanity, but
policy also. The late alarming scarcity ought to induce every man who
wished to encourage the industrious poor, to promote every plan of
relief for them at such a crisis. No agricultural labourer could at
present support himself and his family with comfort; for a barley loaf
was at the enormous price of 12-1/2d., while the whole of the labourer's
daily wages amounted to no more than one shilling. _Haud ignara mali,
miseris succurrere disco_, was a noble sentiment; but he would rather
have the labourer enjoy the honest fruits of his industry, than be
obliged to receive his due as an eleemosynary gift. It appeared to him
that the minimum of agricultural labour should be fixed.
_Mr. Buxton_ said, that the bill did not appear likely to be of much
service, for if the price of labour were to be fixed by the justices of
peace, he feared many industrious people would be thrown out of employ,
and become a burthen to their respective parishes. The people he alluded
to were those who by sickness or old age were rendered incapable of
doing so much as a common labourer, and who consequently would be
rejected for persons of more strength and activity. He had consulted
with various well informed farmers and gentlemen in Norfolk who
unanimously concurred in opinions that the bill would be injurious.
_Mr. Vansittart_ commended the hon. gentleman who introduced the bill,
for his humane intentions, but he had no hesitation in voting against
it, because he thought any arbitrary regulations of the justices of the
peace, in the price of labour, would be a greater evil than that already
complained of. The bill appeared to him unnecessary, as the law since
the reign of James I, enabled the magistrate to fix the price of labour.
_Mr. Burdon_ did not think that the industrious poor were in that
wretched situation stated by some gentlemen. The industrious labourer,
in many instances, was able to support his family, and lay up something
for his old age. From the average price of labour for some years, the
House must perceive that the wages of the labourer were considerably
increased. The friendly societies, if they continued to extend, would be
productive of infinite good. As to the bill, he was convinced of its
inadequacy to correct the abuses of which it complained. He recommended
rather to repeal the act of Elizabeth than set it up as a precedent to
act upon.
_Mr. Fox_ said that no man was more against the idea of compulsion as to
the price of labour than he was. The question now was, not on the
general principle, but on that particular state of the law, which
rendered some measure necessary to be adopted for the relief of the
labouring poor, while the law, as it stood, was saddled with so many
restrictions. He approved of the bill proposed by his hon. friend, as
calculated to correct that which was bad in its present operation, and
to secure at least to the labourer the means of partial relief. But if
the House objected to the measure as improper, if they were of the
opinion that it was not the most judicious or desirable that might be
applied, he hoped they would go to the root of the evil, and provide
some remedy adequate to the extent of the grievance. If, therefore, they
should give a negative to the second reading of the bill, he should
consider that by so doing they pledged themselves to take the subject
into their early and most serious consideration. If what his hon. friend
had brought forward should induce the House to go into a full
examination of the subject, and to provide a remedy commensurate to the
evil, he would not only have accomplished his own benevolent intentions,
but would have done a much greater service to the country, than even if
the bill which he had now brought forward were adopted.
_Mr. Whitbread_ said:--"I cannot but congratulate the House on the able
and eloquent speech of the chancellor of the exchequer. At the same
time I must remark that if the poor laws were actually such, as the
right hon. gentleman has stated they ought to be, it would not have been
necessary for me to have brought forward any proposition; but I am
afraid that facts and experience will be found undeniably to confirm my
assertion, that the poor in this country are in a state scarcely
consistent with the character of a civilised country. As to what the
right hon. gentleman has stated about the price of labour finding its
own level, he does not recollect that, till the level be found, the
industrious poor labour under the pressure of immediate suffering. If
the expedients he has proposed should succeed, they are matters of
future regulation, and not calculated to afford relief which the
exigencies of the times so imperiously demand. If it should be possible
to a considerable degree to promote industry among the children of the
poor, and to destroy the oppressive restrictions with respect to
settlements, still it will be a considerable time before the price of
labour will have found its level. Even if more effectual regulations
should afterwards be adopted, still this bill is eligible as a temporary
relief. It does not compel the magistrates to act: it only empowers them
to take measures according to the exigency of the times. It has been
stated as an objection to the bill, that it goes to fix the price of
labour, but gentlemen do not attend to the circumstances, that it does
not go to determine what should be the general price of labour, but only
what should be the least price of labour under particular circumstances.
As to the particular case of labourers, who have to provide for a number
of children, the wisest thing for government, instead of putting the
relief afforded to such on the footing of a charity, supplied, perhaps,
from a precarious fund, and dealt with a reluctant hand, would be at
once to institute a liberal premium for the encouragement of large
families. There is just one circumstance to which I shall advert, before
I conclude, namely, the wretched manner in which the poor are lodged. It
is such as ought not to be suffered in a country like this, proud of its
freedom, and boasting of the equal rights of all its subjects. The
landlord, who lets the ground upon lease to the farmer, does not
consider himself as bound to repair the cottages. The farmer, who has
only a temporary interest in the property, feels no anxiety on the
subject. The cottage, dismantled and mouldering to decay, affords
neither warmth nor shelter to the poor inhabitant, who is left exposed
to the fury of the elements and the inclemency of every season. If a
negative should be put upon the second reading of the bill, I shall then
move for leave to bring in a bill to repeal the statute of Elizabeth,
and afterwards for a committee to take into consideration the state of
the poor laws."
The motion was negatived. After which, the bill was ordered to be read a
second time on that day three months.
7. ARBITRATION ACT FOR THE COTTON INDUSTRY [_Statutes, 39 and 40 Geo.
III, 90_], 1800.
An act for settling disputes that may arise between masters and
workmen engaged in the cotton manufacture in that part of Great
Britain called England.
That, from and after the first day of August in the year of our Lord one
thousand eight hundred, in all cases that shall or may arise within that
part of Great Britain called England, where the masters and workmen
cannot agree respecting the price or prices to be paid for work done, or
to be done, in the said manufacture, whether such dispute shall happen
or arise between them respecting the reduction or advance of wages or
any injury or damage done, or alleged to have been done, by the workmen
to the work, or respecting any delay, or supposed delay, on the part of
the workmen in finishing the work or the not finishing such work in a
good and workmanlike manner; and also in all cases where the workmen are
to be employed to work any new pattern which shall require them to
purchase any new implements of manufacture for the working thereof, and
the masters and workmen cannot agree upon the compensation to be made to
such workmen for or in respect thereof, and also respecting the length
of all pieces of cotton goods, or the wages or compensation to be paid
for all pieces of cotton goods that are made of any great or
extraordinary length, and respecting the manufacture of cravats, shawls,
polycat, romall, and other handkerchiefs, and the number to be contained
in one piece of such handkerchiefs, and the wages to be paid in respect
thereof, and in all cases of dispute or difference arising or happening
by and between the masters and workmen employed in such manufacture, out
of, for, or touching such trade or manufacture, which cannot be
otherwise mutually adjusted and settled by and between them; it shall
and may be lawful, and it is hereby declared to be lawful, for such
masters and workmen, between whom such dispute or difference shall arise
as aforesaid, or either of them, to demand and have an arbitration or
reference of such matter or matters in dispute, and each of them is
hereby authorised and empowered forthwith to nominate and appoint an
arbitrator for and on his respective part and behalf, to arbitrate and
determine such matter or matters in dispute as aforesaid, and such
arbitrators so appointed as aforesaid, after they shall have accepted
and taken upon them the business of the said arbitration, are hereby
authorised and required to summon before them, and examine upon oath the
parties and their witnesses (which oath the said arbitrators are hereby
authorised and required to administer according to the form set forth in
the schedule to this act), and forthwith to proceed to hear and
determine the complaints of the parties and the matter or matters in
dispute between them, and the award to be made by such arbitrators shall
in all cases be final and conclusive between the parties; but in case
such arbitrators so appointed cannot agree to decide such matter or
matters in dispute so to be referred to them as aforesaid, and do not
make and sign their award within the space of three days after the
signing of the said submission, that then they shall forthwith, and
without delay, go before and attend upon one of his Majesty's justices
of the peace acting in and for the county, riding, city, liberty,
division, township, or place, and residing nearest to the place where
such dispute shall happen and be referred, and state to such justice the
points in difference between them the said arbitrators, which points in
difference the said justice shall and he is hereby authorised and
required to hear and determine, which determination of such justice
shall be made and signed within the space of three days after the
expiration of the time hereby allowed the arbitrators to make and sign
their award, and shall be final and conclusive between the parties so
differing as aforesaid.
[In cases of dispute the points of difference shall be stated to a
justice whose award shall be final. Justices who are cotton
manufacturers cannot act.]
8. AMENDMENT OF THE ARBITRATION ACT [_Statutes, 44 Geo. III, 87_], 1804.
An act to amend an act, passed in the thirty-ninth and fortieth years
of his present Majesty, intituled, An act for settling disputes that
may arise between masters and workmen engaged in the cotton
manufacture in that part of Great Britain called England.
II. And be it further enacted, that, in all cases where an arbitration
may be demanded by the said recited act, where the party complaining and
the party complained of shall come before or agree, by any writing under
their hands, to abide by the determination of any justice of the peace
or magistrate of any county, city, town, or place, within which the
parties reside, it shall and may be lawful for such justice of the peace
or magistrate to hear and finally determine in a summary manner the
matter in dispute between such parties; but if such parties shall not
come before, or so agree to abide by the determination of such justice
of the peace or magistrate, then it shall be lawful for any such justice
or magistrate, and such justice of the peace or magistrate is hereby
required, on complaint made before him, and proof by the examination of
the party, making such complaint, that application has been made to the
person or persons against whom such cause of complaint has arisen, or
his, her, or their agent or agents, if such dispute has arisen with such
agent or agents, to settle such dispute, and that the same has not been
settled upon such complaint being made, or where the dispute relates to
a bad warp, such cause of complaint shall not be done away within
forty-eight hours after such application, to summon before him such
person or persons, or agent or agents, on some day not exceeding three
days, exclusive of Sunday, before the making such complaint, giving
notice to the person making such complaint of the time and place
appointed in such summons for the attendance of such person or persons,
agent or agents, as aforesaid; and if at such time and place the person
or persons so summoned shall not appear by himself, or send some person
on his, her, or their behalf, to settle such dispute, or appearing shall
not do away such cause of complaint, then and in such case it shall be
lawful for such justice, and he is hereby required, at the request of
either of such parties, to nominate arbitrators or referees for settling
the matters in dispute; and such justice shall then and there at such
meeting propose not less than four nor more than six persons, one-half
of whom shall be master-manufacturers or agents or foremen of some
master-manufacturer, and the other half of whom shall be weavers in such
manufacture (such respective persons residing in or near to the place
where such dispute shall have arisen) out of which master-manufacturers,
agents, or foremen, the master engaged in such dispute, or his agent,
shall choose one, and out of which weavers so proposed, the weaver or
his agent, shall choose another, who shall have full power to hear and
finally determine such dispute; and the said justice shall thereupon
appoint a place of meeting according to the directions of this act, and
also a day for the meeting, notice of which nomination, and of the day
of meeting, shall thereupon be given to the persons so nominated
arbitrators or referees, and to any party to any such dispute, who may
not have attended the meeting before such justice as aforesaid.
[For criticism of the act see Petition of Cotton Weavers, 1813, Pt.
III, Section III, No. 12, page 576.]
9. THE FIRST FACTORY ACT [_Statutes, 42 Geo. III, 87_], 1802.
An act for the preservation of the health and morals of apprentices
and others, employed in cotton and other mills, and cotton and other
factories.
... All such mills and factories within _Great Britain and Ireland_,
wherein three or more apprentices, or twenty or more other persons,
shall at any time be employed, shall be subject to the several rules and
regulations contained in this act; ...
II. And be it enacted, that all and every the rooms and apartments in or
belonging to any such mill or factory shall, twice at least in every
year, be well and sufficiently washed with quick lime and water over
every part of the walls and ceiling thereof; and that due care and
attention shall be paid by the master or mistress of such mills or
factories to provide a sufficient number of windows and openings in such
rooms or apartments, to insure a proper supply of fresh air in and
through the same.
III. And be it further enacted, that every such master or mistress shall
constantly supply every apprentice during the term of his or her
apprenticeship with two whole and complete suits of clothing....
IV. And be it further enacted, that no apprentice that now is or
hereafter shall be bound to any such master or mistress shall be
employed or compelled to work for more than twelve hours in any one day
(reckoning from six of the clock in the morning to nine of the clock at
night), exclusive of the time that may be occupied by such apprentice in
eating the necessary meals: Provided always, that, from and after the
first day of June one thousand eight hundred and three, no apprentice
shall be employed or compelled to work upon any occasion whatever
between the hours of nine of the clock at night and six of the clock in
the morning.
VI. And be it further enacted, that every such apprentice shall be
instructed, in some part of every working day, for the first four years
at least of his or her apprenticeship....
VII. And be it further enacted, that the room or apartment in which any
male apprentice shall sleep shall be entirely separate and distinct from
the room or apartment in which any female apprentice shall sleep, and
that not more than two apprentices shall in any case sleep in the same
bed.
VIII. And be it further enacted, that every apprentice, or (in case the
apprentices shall attend in classes) every such class, shall for the
space of one hour at least every Sunday be instructed and examined in
the principles of the Christian religion ... and such master or mistress
shall send all his or her apprentices under the care of some proper
person, once in a month at least, to attend during divine service in the
church of the parish ... or in some licensed place of divine worship;
and in case the apprentices cannot conveniently attend such church or
chapel ... the master or mistress ... shall cause divine service to be
performed in some convenient room or place in or adjoining to the mill
or factory....
IX. And be it further enacted, that the justices of the peace for every
county ... shall ... appoint two persons, not interested in, or in any
way connected with, any such mills or factories, to be visitors ...; one
of whom shall be a justice of peace ... and the other shall be a
clergyman of the Established Church....
9A. MINUTES OF COMMITTEE ON CHILDREN IN FACTORIES, 1816 (III), _p._ 277.
_Examination of Richard Arkwright, June 7, 1816._
_Q._ What is your opinion of the Act known under the name of Sir Robert
Peel's Bill? I could wish to confine myself to facts as much as
possible.
What have you known of that Act? That Act has not been followed up, with
respect to the visiting of magistrates, for these thirteen years. I
think they visited my mills at Cromford twice.
_p._ 278.
Are you of opinion that Sir Robert Peel's Bill, which passed in the year
1802, has accomplished much benefit for the children, for whose
protection it was intended?
I certainly thought that the discussions upon that Bill, and the Bill
itself, did a great deal of good, but that can be only matter of
opinion.
10. CALICO PRINTERS' PETITION FOR REGULATION [_Commons Journals, Vol.
LIX, Feb. 22, 1804_], 1804.
A petition of several journeymen calico printers, and others working in
that trade, in the counties of Lancaster, Derby, Chester, and Stafford,
in England, and in the counties of Lanark, Renfrew, Dumbarton, Stirling,
and Perth in Scotland, was presented to the House, and read; setting
forth that great numbers of the petitioners and other journeymen calico
printers have, for a series of years past, been greatly distressed for
want of work in their trade, and that this distress has chiefly arisen
from a very general, if not universal, practice of the master calico
printers in the counties above enumerated, who systematically carry on
the said trade by employing in it, in many instances, a greater number
of out-door apprentices than of journeymen, and, upon an average, nearly
two of such apprentices to three journeymen, a practice of great injury
to the petitioners, their families, and, ultimately, even to the
apprentices themselves; and that one of the injurious effects, to the
petitioners by this system is, that, in many instances boys are taken as
apprentices to the said trade or business on verbal agreement, whereby
they are at liberty to absent themselves from the service and control of
their masters on any trifling disagreement, and are generally replaced
by others, thereby creating an overstock of hands in the said trade: And
therefore praying, That leave may be given to bring in a bill to
regulate the trade or business of calico printers.
Ordered, that the said petition be referred to the consideration of a
committee.
11. REPORT ON CALICO PRINTERS' PETITION [_Commons Journals, Vol. LXI,
July 17, 1806_], 1806.
Your committee have naturally endeavoured to ascertain the cause of
those discontents, and, as far as they have been able to collect from
the minutes of evidence referred to them, they find it has arisen
principally from the multiplication of apprentices. That this has gone
to an extent, and that the disproportion of apprentices to journeymen
exists to a degree, far beyond that understood to prevail in any other
mechanical profession whatever, appears to your committee in several
instances. In one instance, that of the shop of Berry and Co. of
Lancashire, they find that 55 apprentices were employed, and only two
journeymen; in another, that of the shop of Tod and Co. of Dumbarton,
there were 60 apprentices, and only two journeymen. Such a
disproportion, your committee conceive, must strike as extraordinary any
one in the least degree acquainted with the custom of trade.
The practice of introducing such an increased number of apprentices,
which commenced about the year 1790, does not appear from the minutes of
evidence to have proceeded from any scarcity of hands to supply the
demands of the masters, or make up the work required; on the contrary,
it appears that in the course of the period when this excessive
multiplication of apprentices went on, a number of journeymen were
seeking in vain for employment.
With regard to the multiplication of apprentices, while your committee
declare that they are not friendly to the idea of imposing any
restrictions upon trade, they are ready to state that the inclination of
their minds is this, that either all restrictions ought to be abolished,
and the masters and journeymen left to settle matters between
themselves, or an additional restriction ought to be introduced to
counteract the evils obviously resulting from the restrictions which
already exist. This restriction your committee mean of course to apply
to apprentices; and if a precedent were wanted to justify such a
measure, they would refer to the case of the silk weavers, and that of
other trades, which are to be found on the Statute Book. In the instance
of the silk weavers, no more than two apprentices can be legally taken
by any master, whatever may be the number of his journeymen; and yet,
since the enactment of this law, no scarcity of hands has ever been
complained of in that flourishing branch of trade. Indeed, throughout
all the mechanical professions, it is, as far as has come to the
knowledge of any of the members of your committee, the general rule,
that no master shall have more than two or three apprentices at the
most. This general rule is conceived to be established through an
understanding between the masters and the journeymen.
The salutary effects of leaving the masters and journeymen to settle
their affairs between themselves, is particularly exemplified in the
calico printing business: for, although in Lancashire and Derbyshire,
etc., where there is nearly a proportion of one apprentice to one
journeyman, and between masters and journeymen a consequent jealousy,
productive of perpetual variance and confusion; there is in the
neighbourhood of London, where a different feeling prevails, and where
matters are amicably adjusted between the parties, a very different
proportion of apprentices and journeymen. In 14 shops examined by one of
the witnesses, in 1803, the number of journeymen were 216, the
apprentices only 37.
But to return to the subject of restrictions: your committee are
persuaded that as the Legislature has thought proper to interpose its
authority, to prevent the journeymen from concerting measures among
themselves to settle their affairs with the masters, it would be ready
to remove any complaints which might arise from advantage taken by the
masters of the existence of such restriction. The wisdom and humanity of
Parliament would shrink from sanctioning the Combination Law, if it
appeared to them, at the time of its enactment, likely to operate only
in favour of the strong, and against the weak; if it had any apparent
tendency to secure impunity to oppressors, and to give an undue
advantage to the masters, who can combine with little danger of
detection, and who can carry their projects into execution with little
fear of opposition. The Legislature could never mean to injure the man,
whose only desire is to derive a subsistence from his labour, and that
indeed is all a journeyman calico printer can look to; for, from the
particular nature of his trade, differing much from others, he cannot,
from the capital required, ever calculate upon becoming a master.
12. COTTON WEAVERS' PETITION AGAINST THE REPEAL OF 5 ELIZABETH C. 4
[_Commons Journals, Vol. LXVIII, Feb. 25, 1813_], 1813.
A petition of several cotton weavers resident in the division of Bolton
Le Moors, in the county of Lancaster, was presented and read; setting
forth, that the petitioners are much concerned to learn that a bill has
been brought into the House to repeal so much of the Statute 5
Elizabeth, as empowers and requires the magistrates, in their respective
jurisdictions, to rate and settle the prices to be paid to labourers,
handicrafts, spinners, weavers, etc.; and that the petitioners have
endured almost constant reductions in the prices of their labour for
many years, with sometimes a trifling advance, but during the last
thirty months they have continued, with very little alteration, so low,
that the average wages of cotton weavers do not exceed 5s. per week,
though other trades in general earn from 20s. to 30s. per week; and that
the extravagant prices of provisions of all kinds render it impossible
for the petitioners to procure food for themselves and families, and the
parishes are so burthened that an adequate supply cannot be had from
that quarter; and that, in the 40th year of His present Majesty a law
was made to settle disputes between masters and workmen[351]; which law
having been found capable of evasion, and evaded, became unavailing:
after which, in 1802, 1803, and 1804, applications being made to amend
that of the 40th, another law was made, varying in some points from the
former; but this also is found unavailing, inasmuch as no one conviction
before a magistrate under this law has ever been confirmed at any
Quarter Sessions of the Peace; and that several applications have since
been made to the House to enact such laws as they would judge suitable
to afford relief to the trade, in which masters and workmen joined, but
hitherto without any effect; and that, about twelve months since, it was
found that the Statute of 5 Eliz. (if acted upon) was competent to
afford the desired relief, and it was resorted to in certain cases, but
the want of generality prevented its obtaining at that time, especially
as it can be acted on only at the Easter Quarter Sessions, or six weeks
thereafter; and that, as petitions to the magistrates were almost
general at the last Quarter Sessions, and all graciously received at
each different jurisdiction, much hope was entertained that at the next
Easter sessions the magistrates would settle the wages of the
petitioners, and they obtain food by their industry; and that the
present bill to repeal the aforesaid law has sunk the spirits of the
petitioners beyond description, having no hope left: the former laws
made for their security being unavailing, there is no protection for
their sole property, which is their labour; and that, although the said
law of 5 Eliz. was wisely designed to protect all trades and workmen,
yet none will essentially suffer by its repeal save the cotton weavers:
the silk weavers have law to secure their prices, as have other
artizans; tradesmen generally receive their contracted wages, but cotton
weavers, when their work is done, know not what they shall receive, as
that depends on the goodness of the employer's heart: And that the
petitioners, therefore, most humbly, and earnestly pray, that the House,
for the aforesaid reasons, will not repeal the said Statute of 5 Eliz.,
it being the only law by which they can hope any relief from their
present misery; and the existing laws being evaded, this would afford,
when acted upon, prices somewhat suitable to the prices of provisions in
adverse times; but should the House see it proper to repeal the said
law, the petitioners pray, that in that case it will enact a law to
secure and grant such wages to the petitioners as will enable them to
live by their industry, equally beneficial to masters and workmen.
Ordered, That the said Petition do lie upon the Table.
[The wages clauses of 5 Eliz. 4 were repealed by 53 Geo. III, 40, 1813.]
[Footnote 351: See above. Pt. III, Section III, Nos. 7 and 8. p. 568 and
p. 570.]
13. DEBATES ON THE REGULATION OF APPRENTICES [_Parl. Debates, Series I,
Vol. XXV, Cols. 1120-1131; XXVII, 423-425, 563-574, 879-884_],
1813-1814.
APPRENTICES.--_Mr. Rose_ adverted to the petition[352] he presented the
other day, which was signed by above 800 masters and 13,000 journeymen
in London; and by 1,154 masters and 17,517 journeymen in the country;
making above 32,000 in all. The policy of the system began in Edward the
3rd. Some had doubted the effects of the law, and deemed all
restrictions injurious to commerce: others considered the want of
restrictions more dangerous, and contended that the present system had
encouraged habits of industry. The courts had, in general, narrowed the
spirit and application of the restrictions. He thought that if the
existing law was not to be enforced, it ought to be amended or repealed.
A petition signed by such a number of tradesmen was deserving the most
attentive consideration. He should therefore move that the petition be
referred to a committee.
_Mr. Serjeant Onslow_ allowed that the number of signatures to the
petition entitled it to a respectful consideration. As to the
allegations of the petition, he thought it very extraordinary that the
petitioners should really expect that parliament would allow them to
bring actions upon this statute, against whom they pleased, well-founded
or ill-founded, without being subject to costs in case of failure. From
his experience in a certain judicial situation, he could say, and he
believed he might appeal to all his professional friends about him for
the confirmation of his statement, that he never knew any indictment
brought under this statute except against a person of great skill and
acquirements. The preamble of the Act stated its object to be "to
prevent the introduction of unskilful workmen": and yet no indictments
were ever brought against unskilful workmen, but only against very
skilful and ingenious men. This shewed pretty clearly the spirit in
which such prosecutions were brought.
_Mr. D. Giddy_ said, that he should not vote for the committee, if he
did not think it likely that the resolution they would come to would be
directly opposite to that which was expected by the petitioners. He
certainly did entertain great doubts, whether in the present state of
the commercial world there was any use in those apprenticeships,
although they might have been necessary in the infancy of commerce. It
frequently happened, that a young man had not a talent for that
particular business to which he had been bound an apprentice, and was
yet possessed of other talents, by the exercise of which he might obtain
a most respectable subsistence. It appealed to him a cruel hardship to
fetter the minds and limbs of men, so as to prevent their obtaining a
subsistence by the fair exercise of their talents and of their limbs. As
to what was said of corporate rights, obtained by apprenticeship, he
thought that made it the less necessary to add penalties. If those
corporate rights, however, were to be considered of real value, he
thought it a great hardship that they could not be obtained in any other
way than by serving an apprenticeship.
_Mr. Butterworth_ also felt inclined to disapprove of the Act as highly
injurious to trade in general, and to rising talent. In illustration of
the hardships of the Act, and of the manner in which it was generally
enforced, he mentioned a case which had come within his own immediate
observation. In an office of which he had the command, there was a young
man of great skill, and consequently of great value to his employers;
he, however, had not served the regular apprenticeship, and his
fellow-workmen therefore combined against him, demanding his discharge.
He (Mr. B.) interfered on behalf of the young man, but in vain; for the
conspiracy amongst the workmen attained that height that their request
was obliged to be complied with. The young man was discharged, and
though skilful in that particular trade, he had been compelled to sell
the furniture, the produce of his industry, to support a wife and
family, who were dependent on him for support. He did not oppose the
committee, because he was convinced that the determination would be in
favour of the repeal of the 5th of Elizabeth.
The petition was then referred to a committee.
_Wednesday, April 6, 1814._[353]
APPRENTICE LAWS.--_Mr. H. Davis_ presented a petition from certain
master manufacturers of the city of Bristol, praying that so much of the
Act of the 5th of Elizabeth, cap. 4, as inflicted penalties on persons
exercising trades to which they had not served regular apprenticeships,
should be repealed. Ordered to lie on the table.
_Mr. P. Moore_ presented a petition from the manufacturers of Coventry,
praying that that part of the 5th of Elizabeth, cap. 4, which inflicted
penalties on persons exercising trades to which they had not served
regular apprenticeships, should be rendered efficient. He should merely
move "that the petition do lie on the table"; but, before he sat down,
he wished to enquire of the learned gentleman (Mr. Serjeant Onslow) who
had given notice of his intention to introduce a Bill on the subject,
whether he meant, in his proposed measure, to confine himself merely to
the repeal of that part of the 5th of Elizabeth which sanctioned those
penalties, or to do away with the Act altogether? He also wished to know
whether the learned gentleman intended to push his Bill through the
different stages in the present session; or, having introduced it, to
let it lie over till the next? In his opinion a committee ought to be
appointed, in the first instance, to examine the whole of the petitions
that had been presented relative to the 5th of Elizabeth, and also to
look into the provisions of that Act.
_Mr. Serjeant Onslow_ said, most unquestionably he did not mean to go
beyond the terms of his notice, in the measure he should introduce. He
had stated explicitly the part of the Act that he wished to have
repealed, and he had not since altered his determination. With respect
to the second point of the hon. gentleman's interrogatory, "Whether he
intended to hurry the Bill through the House?" he would answer that he
certainly did not. But the hon. gentleman seemed to forget that the
present period was virtually almost the commencement of the session, and
that very important business was yet to come on. He (Serjeant Onslow)
certainly did wish to have the sense of the House taken on the Bill,
before the session terminated. And this, he thought, could be done
without any imputation of hurry. In the last session the Treasurer of
the Navy (Mr. Rose) had presented a petition from a great number of
persons who were desirous that the penalties should be continued; and
moved for a committee to investigate the allegations of the petitioners.
A committee was granted--it sat from day to day--and the evidence
adduced before it was printed. He (Serjeant Onslow) enquired of that
right hon. gentleman whether he intended to found any motion on this
evidence? And, understanding that he did not, he stated, at the close of
the last session, that he would himself submit a motion on the subject.
Soon after parliament met he gave notice of a motion for the 30th of
November; but, in consequence of a number of gentlemen who represented
large manufacturing districts (particularly the hon. member for
Yorkshire) not being then in town, he postponed it till the 22nd of
February, and had finally put it off till the 27th of the present
month--knowing that a call of the House would take place before that
period, which would ensure a full attendance when the proposed measure
came to be discussed. That the country was not unprepared for it, was
evident from the numerous petitions which had been presented in favour
of it. Petitions of that nature had been received from Leeds,
Birmingham, Huddersfield, Bristol, and many other populous
neighbourhoods. Several petitions had been presented against it. How
they were procured he did not know; but the language in all of them
appeared nearly the same. With respect to the principal trade carried on
by the constituents of the hon. gentleman, it would not be at all
affected by the new Bill, because it was already guarded by a variety of
enactments totally independent of the 5th of Elizabeth.
_Mr. P. Moore_ said it was very true that his constituents (the freemen
of Coventry) were obliged by Act of Parliament to serve a regular
apprenticeship, before they could carry on the business alluded to by
the learned gentleman. Now they were alarmed lest by the proposed Bill
they should be deprived of a right which they had long enjoyed. They
therefore were anxious that the Bill should not be hurried through the
House.
The petition was ordered to lie on the table.
_Wednesday, April 27, 1814._[354]
APPRENTICESHIP LAWS.--_Mr. Serjeant Onslow_ rose to move for leave to
bring in a Bill to repeal part of an Act, passed in the 5th year of
Elizabeth, entitled "An Act containing divers orders for artificers,
labourers, servants of husbandry, and apprentices." ... The reign of
Queen Elizabeth, though glorious, was not one in which sound principles
of commerce were known; and a perusal of the other clauses of the Act,
as well as the one creating the penalties for exercising trades contrary
to its provisions, would fully confirm that assertion; indeed it did
not seem to be the object of that statute to favour manufactures; it
rather seemed to be intended to make them subservient to a most mistaken
notion of favour to the landed interest. So little was political economy
then understood that the idea never seemed to have occurred, that
agriculture was best promoted by the prosperity of commerce and
manufactures; and that restraints on them defeated the end they aimed
at, and discouraged that very employment which they ought to promote....
Apprenticeships had been looked upon as favourable to the morals of
youth, and he was very far from wishing to discourage them; but he did
not wish them to be an indispensable qualification for legally carrying
on trades.... Apprenticeships were as common in trades not within the
statute as in those that were within what had been called the
protection, but what he thought the curse, of the statute....
_Mr. Philips._--The persons most competent to form regulations with
respect to trade were the master manufacturers, whose interest it was to
have goods of the best fabric; and no legislative enactment could ever
effect so much in producing that result, as the merely leaving things to
their own course and operation. The proof of this was to be found in the
fact that the manufactures for which the country was most famous, were
precisely those to which this Act did not apply. If this narrow
principle had been carried into every branch of art, the machinery of
Sir Richard Arkwright would have been lost to the country--and the
genius of Mr. Watt, whose inventions had added more to the productive
powers of the empire, than if the population had been increased one
half, would have been still unknown. The hon. gentleman then proceeded
to point out the evil effects which arose from the system of combination
among tradesmen [workmen].
Leave was given to bring in the Bill.
_Friday, May 13, 1814._[355]
APPRENTICE LAWS.--_Mr. Serjeant Onslow_ moved the second reading of the
Bill, which was warmly opposed by _Sir Fred. Flood_, who, though a
friend to liberty, disliked licentiousness. The Bill went to abrogate
that most salutary law of the 5th of Elizabeth, and to revive the
practice which had previously existed from Edward the Third's time. It
would be destructive of the interests of persons who served their
apprenticeships, and paid for education in their respective trades, and
ruinous to the morals of youth. It would be hurtful to commerce, to
mechanics, to manufacture and to the Stamp Act. The present law had
lasted 220 years. He proposed to postpone the second reading to that day
six months.
_Mr. Protheroe_ seconded the motion, as the Bill proceeded on no general
comprehensive system, but simply on a repeal without any efficient
substitute for what was to be repealed. He objected to the measure in a
moral point of view; in which respect he was upheld by the opinions of
Lord Coke and Sir Wm. Blackstone. He had heard much of vexatious
prosecutions under the Act of Elizabeth; but, on enquiry, he found that
at Bristol for the last 20 years, there had not been one such
prosecution. If apprenticeships were more encouraged, he was satisfied
that combinations among journeymen would almost entirely be put an end
to. If the House were to lower its attention down to the humble cottage,
they would there see the advantages of this system, in beholding careful
masters provided for the youths, who, in addition, were provided with
food and clothing, while their morals were protected. He should be happy
that the present Bill were withdrawn, and some measure unaccompanied by
its disadvantages were introduced.
_Mr. Hart Davis_ could not disguise from himself that the present
measure was attended with many difficulties. It would undoubtedly be of
great advantage to our manufacturers that the present law should be
repealed, and that every restraint should be removed from the rising
generation. Supposing a person brought up to a trade for which from his
constitution he was not fit, was he to be excluded from pursuing any
other pursuit, or occupation whatever? Suppose the trade of
button-makers, which was a trade that speedily passed away; or of
gun-makers, of whom probably 40,000 might be in a few months thrown out
of employment, was it to be held that they could follow no other
occupation, but must remain a burden upon the community? The more he
considered the present measure, the more he was satisfied of its
utility.
_Mr. Protheroe_ explained that he could wish a general review of the
whole system.
_Mr. Giddy_ thought if any one measure more than another could be said
to involve the general rights of mankind, the present was that measure.
What was this but the general right of the inhabitants of this country
to employ the energies of their mind and body in the way they themselves
pleased? And if a system were to be continued by which men were deprived
of this general and undoubted right, it seemed to be incumbent on those
who contended for the continuance of such a restriction to shew on what
principle it was founded. If gentlemen attended to the time in which the
law in question was passed, they would find it was a period in which
many ill-advised monopolies had been granted, and one in which
remonstrances on that subject had been made by the House of Commons on
the impolicy of such a system, which had not been much attended to.
Nothing, he was convinced, had contributed so much as the law in
question to check the progress in our arts and manufactures.
_Sir C. Mordaunt_, on the part of his constituents, the manufacturers of
Birmingham, was strongly in favour of the present repeal. If the law, as
it now stood, were put in force, it would have the effect of imposing
the strongest possible fetters upon ingenuity and industry.
_Mr. Thompson_ liked liberty; and doing so, he wished to see every man
have the liberty of employing his hands and his genius in the best way
he could to his own advantage, and for the benefit of the country. This
no man was at liberty to do, so long as the present law remained in
force. He wished the law totally repealed, though the Bill did not go so
far. The present law was necessarily broken every day. It was clear that
the judges always wished to evade it, when they could do so. He knew a
case of two men who were prosecuted under the Act for sawing a piece of
wood; another, of a good and bad baker in the same town; where the bad
one, finding that the good one had not served a regular apprenticeship,
had him turned out, and got liberty to poison all his neighbours with
his bad bread. Some years ago the printers struck, and there was a
difficulty in getting even the parliamentary papers printed. Let those
who chose it bind their children as apprentices; but let not others be
compelled to do the same. Instances of the absurdity of the law would
be innumerable. It was none the better for the age of it, which the
worthy baronet had stated. It was, in fact, superannuated; and it was
much the kindest way to let it die quietly, and so confer an advantage
both on the country and Ireland. Lord Ellenborough once got the
coach-makers out of a scrape ingeniously enough. They were attacked as
wheelmakers; but his lordship said that coaches could not have been
known in Elizabeth's days, as that queen went to parliament on
horseback. He perfectly agreed in the opinion which Lord Mansfield had
given, in speaking of the Act of Elizabeth, that "it was against the
natural rights of man, and contrary to the common law rights of the
land."
_Mr. Rose_ considered this as a subject of extraordinary difficulty.
After all that had been said, he could not help thinking that if the
Bill were passed into law, it would put an end to apprenticeships
altogether; for no person would subject himself to a seven years'
servitude when he knew that having fulfilled his indenture, he would
only be on a level with a man who perhaps had not been one year at the
business. He was willing to examine and improve the 5th of Elizabeth,
but would not agree to this unqualified repeal.
_Sir J. Newport_ was surprised that the hon. baronet (Sir F. Flood)
should be so anxious to perpetuate a statute which never was law in
Ireland; and yet in that country, where no such penalties as those
inflicted by the 5th of Elizabeth existed, the system of apprenticeships
was freely and voluntarily adopted. He thought, on every principle of
justice, that the subject was entitled to make use of his abilities and
industry in those pursuits most beneficial to his interests.
_Sir S. Romilly_ had been applied to on the subject of the present Bill,
by the constituents of two hon. gentlemen who had already delivered
their sentiments on the measure this night (Messrs. Protheroe and
Davis). He felt the highest respect for the gentlemen who had so applied
to him on the subject of the present Bill; but his opinion of the
measure being decidedly opposite to theirs, he thought he should not be
acting a manly part were he either to abstain from voting on the Bill,
or were he to content himself with a silent vote on this occasion. He
was satisfied that there were reasons sufficiently strong to support the
system of apprenticeships in those trades in which a number of years
were requisite to the acquiring a knowledge of them, without the
assistance of the law as it now stood. This law, which went to prohibit
a man from the exercise of that trade for which he was fit, he therefore
thought ought to be repealed. For what was it but to take from a poor
man the only property he possessed--his genius and industry--and to
drive him into a workhouse; or to force him to abandon his country, and
to forsake his wife and family. These were the moral consequences which
the House was to look for from a perseverance in the law as it now
stood.
_Alderman Atkins_ hoped that some clause might be introduced into the
Bill when it was in the committee, that would give sufficient
encouragement to the apprentice system; while, at the same time, the
abuses of it might be remedied.
_Sir F. Flood_, seeing the sense of the House against him, withdrew his
amendment.
_Mr. Canning_ wished the Bill to go into the committee. He was aware
that the subject was attended with considerable difficulties. The
difficulty would be to find the means of doing away the abuses
complained of, without doing away the system altogether, which he was
convinced was useful to the perfection of our manufactures, and still
more useful as affecting the morality of the lower orders.
_Mr. Serjeant Best_ said that if no other member introduced a clause to
that effect, he himself should feel it his duty to propose one. He
thought the penal clauses of the Act of Elizabeth should certainly be
repealed, but that at the same time it was much better that young people
should not be left without some control. He thought that at present the
masters had much more advantages from the services of the apprentices,
than the apprentices had from the instruction of the master, as most of
those trades might be learned in a very short time. He therefore wished
that part of the earnings might go to the parents, as an encouragement
to the system.
_Mr. P. Moore_ opposed the Bill, because he thought that its enactment
would operate seriously to the prejudice of our manufactures both in
skill and reputation. Indeed, such had been found the effect of the
partial repeal of the statute of Elizabeth with respect to the woollen
manufacture.[356] For although the Yorkshire tag had formerly been a
sufficient recommendation upon the continent, yet since the repeal
alluded to, our pieces of woollen manufactures were examined yard by
yard before they were purchased.
_Mr. Lockhart_ expressed his opinion, that this Bill, if enacted, should
only operate prospectively; that is, that it should not become effective
until a certain period; so that those mechanics who had served
apprenticeships upon the faith of the existing law, should not be
injured by its operation, by being thrown out of employment at a period
of life when they could not devote themselves to any other profession
than that to which they had been reared.
_Mr. B. Shaw_ deprecated the idea that morality was likely to be
endangered, or our manufactures injured, by the enactment of the Bill
under consideration; for Scotland, to which the Act of Elizabeth never
extended, was never found in any degree inferior in morality or skill in
manufacture.
_Mr. W. Smith_ observed, that he never heard of any proposition of
reform which was not likely to be inconvenient to some persons; and
therefore he was not surprised at the assertion, that the adoption of
the Bill before the House would operate to injure the interests of
particular persons. The apprehension of such injury was, however, in his
judgment, unfounded. But still, those who expressed the apprehension
were entitled to attention; and the objections which certain petitioners
urged against this Bill, would, he had no doubt, meet all due
consideration in the committee. The fact was, as to the statute of
Elizabeth, that its existence served to create monopolies; and the
effect of those monopolies was, that when the demand for an article was
large, the price was enhanced to the public; while, when the demand
became small, many workmen were thrown out of employment. Therefore, the
repeal of that statute would tend to serve both the public and the
workmen. As to the argument advanced in support of the statute of
Elizabeth, merely in consequence of its antiquity, he could not admit
that it had any force. He declared that his ears were quite tired of the
phrase "the wisdom of our ancestors," which phrase was, in fact,
calculated only to impose upon the superficial. For, after all, what
did this phrase mean? The world was younger in the time of our
ancestors, although they were older than us. Time, Lord Bacon said, was
the greatest innovator; and if, at this advanced time of the world,
after all our experience, we could not improve upon the system of our
ancestors, our intellects must be what would hardly be asserted, not
only quite unequal to theirs, but infinitely inferior. How, then, could
it be pretended, that the same legislative arrangements applied in the
reign of Elizabeth, when the trade of the whole British Empire was not
equal to that of the port of London at this day, was strictly applicable
at present, and suited to our improved situation?
_Mr. Serjeant Onslow_ replied, and, observing upon the petitions on the
table against the Bill, expressed his conviction that they were not the
unsolicited acts of the petitioners; as indeed appeared from several
placards about town, inviting signatures to such petitions; and those
petitioners, he meant especially the journeymen mechanics, would find
the repeal of the Act of Elizabeth rather materially serviceable, than
in any degree injurious to their interests.
The Bill was read a second time, and ordered to be committed on Tuesday.
[The apprenticeship regulations of the 5 Eliz. c. 4 were abolished by 54
Geo. III. 96, 1814.]
[Footnote 352: For enforcing the Statute of Apprentices.]
[Footnote 353: Parliamentary Debates, Series I, Cols. 423-25, Vol.
XXVII.]
[Footnote 354: Parliamentary Debates, Series I, Vol. XXVII, Cols.
563-74.]
[Footnote 355: Parliamentary Debates, Series I, Vol. XXVII, Cols.
879-884.]
[Footnote 356: The apprenticeship regulations in the woollen industries
had been set aside by Acts of Parliament, 1803 and 1809.]
14. RESOLUTIONS OF THE WATCHMAKERS ON APPRENTICESHIP [_Report of
Committee on Petitions of the Watchmakers, 1817 (VI)_], 1817.
1. That the obvious intention of our ancestors, in enacting the statute
of the 5 Elizabeth, cap. 4, was to produce and maintain a competent
number and perpetual succession of masters and journeymen, of practical
experience, to promote, secure, and render permanent the prosperity of
the national arts and manufactures, honestly wrought by their ability
and talents, inculcated by a mechanical education, called a seven years'
apprenticeship; whereby according to the memorable words of the statute
itself "it will come to pass, that the same law (being duly executed)
should banish idleness, advance husbandry, and yield unto the hired
person, both in time of scarcity and in time of plenty, a convenient
proportion of wages."
2. That it is by apprenticeships, that the practitioners in the arts and
manufactures attain the high degree of perfection, whereby British
productions have arrived at the great estimation in which they were
heretofore held in foreign markets.
8. That the apprenticed artisans have, collectively and individually, an
unquestionable right to expect the most extended protection from the
Legislature, in the quiet and exclusive use and enjoyment of their
several and respective arts and trades, which the law has already
conferred upon them as a property, as much as it has secured the
property of the stockholder in the public funds; and it is clearly
unjust to take the whole of the ancient established property and rights
of any one class of the community, unless, at the same time, the rights
and property of the whole commonwealth should be dissolved, and
parcelled out anew for the public good.
10. That in consequence of too minute a division of labour,
injudiciously allowed in several manufactures, the workmen employed are
not enabled to make throughout any one article however simple, or even
to maintain themselves by their industry.
11. That the unlimited or promiscuous introduction of various
descriptions of persons without apprenticeship into the manufactures
occasions a surplus of manufacturing poor, and an unnecessary
competition, ruinous to the commercial capital and industry of the
nation; because the overflow of goods causes all the productions of the
manufacturies to fall in price, and be sold to foreigners for less money
than they cost in making; which deficiencies are necessarily made up by
the ruin of the master manufacturers, bankruptcies, and dividends to
creditors; and are the cause of increased parochial and other rates,
thus necessarily created, for the support of the poor workmen, who are
deprived of the fair price of their honest labour.
17. That the system of apprenticeships, whether considered in a
religious, political or moral point of view, is highly beneficial to the
State, and from the neglect thereof is to be attributed the great
defalcation of public morals, the numerous frauds committed in trade,
the increased numbers of juvenile criminals, public trials and
executions.
18. That the pretensions to the allowance of universal uncontrolled
freedom of action to every individual founded upon the same delusive
theoretical principles which fostered the French Revolution, are wholly
inapplicable to the insular situation of this Kingdom, and if allowed to
prevail, will hasten the destruction of the social system so happily
arranged in the existing form and substance of the British constitution,
established by law.
19. That the meeting highly approves the proceedings of the 62,875
masters and journeymen, who have already presented petitions, to the
House of Commons, praying for leave to bring a Bill into Parliament to
amend, extend and make more effectual the statute of apprenticeship, 5
Elizabeth, chap. 4.
21. That the most effectual preventive against and check upon
combinations of journeymen, as also of masters in any trade, is for the
persons engaged in such trades to take apprentices as required by law.
15. REPORT OF COMMITTEE ON THE RIBBON WEAVERS [_Report of Committee on
the Ribbon Weavers, 1818 (IX)_], 1818.
Your Committee also report, That it appears by the examination that the
silk, and ribbon weavers in particular, are and have been for some time
past suffering great privations and distress, arising out of inadequate
wages; that such distress has had the effect of reducing thousands of
them to seek parochial aid, and have, in consequence, increased the
poor-rate, especially in the parishes of Coventry and in the County of
Warwick, where the ribbon trade is the staple manufacture, to an extent
too burdensome to be much longer borne.
That the low rate of wages complained of by the Petitioners is not in
consequence of the want of trade, it having been proved to your
committee that there are as many silk goods, particularly ribbons, now
making, as at any former time.
That a system of half-pay apprenticeship has been resorted to, which has
been attended with ruinous consequences to the morals of such
apprentices, and exceedingly injurious to the trade.
That the evils complained of do not exist in London, Westminster, and
Middlesex; which your committee believe to be owing to the provisions
of the act called the Spitalfields Act, which extend to those places,
the effects of which are fully detailed in the evidence.
That the whole of the masters and weavers in the Ribbon Trade concur in
the propriety of an extension of the Spitalfields Act.