CHAPTER VII.

Rights of labour--Effects of slavery on production--

Condition of the Anglo-Saxons--Progress of freedom

in England--Laws regulating labour--Wages and

prices--Poor-law--Law of settlement.

Adam Smith, in his great work, 'The Wealth of Nations,' says, "The

property which every man has in his own labour, as it is the original

foundation of all other property, so it is the most sacred and

inviolable. The patrimony of a poor man lies in the strength and

dexterity of his hands; and to hinder him from employing this strength

and dexterity in what manner he thinks proper, without injury to his

neighbour, is a plain violation of this most sacred property." The right

of property, in general, has been defined by another writer, M. Say, to

be "the exclusive faculty guaranteed to a man, or body of men, to

dispose, at their own pleasure, of that which belongs to them." There

can be no doubt that labour is entitled to the same protection as a

property that capital is entitled to. There can be no doubt that the

labourer has rights over his labour which no government and no

individual should presume to interfere with. There can be no doubt that,

as an exchanger of labour for capital, the labourer ought to be assured

that the exchange shall in all respects be as free as the exchanges of

any other description of property. His rights as an exchanger are, that

he shall not be compelled to part with his property, by any arbitrary

enactments, without having as ample an equivalent as the general laws of

exchange will afford him; that he shall be free to use every just means,

either by himself or by union with others, to obtain such an equivalent;

that he shall be at full liberty to offer that property in the best

market that he can find, without being limited to any particular market;

that he may give to that property every modification which it is capable

of receiving from his own natural or acquired skill, without being

narrowed to any one form of producing it. In other words, natural

justice demands that the working-man shall work when he please, and be

idle when he please, always providing that, if he make a contract to

work, he shall not violate that engagement by remaining idle; that no

labour shall be forced from him, and no rate of payment for that labour

prescribed by statutes or ordinances; that he shall be free to obtain as

high wages as he can possibly get, and unite with others to obtain them,

always providing that in his union he does not violate that freedom of

industry in others which is the foundation of his own attempts to

improve his condition; that he may go from place to place to exchange

his labour without being interfered with by corporate rights or

monopolies of any sort, whether of masters or workmen; and that he may

turn from one employment to the other, if he so think fit, without being

confined to the trade he originally learnt, or may strike into any line

of employment without having regularly learnt it at all. When the

working-man has these rights secured to him by the sanction of the laws,

and the concurrence of the institutions and customs of the country in

which he lives, he is in the condition of a free exchanger. He has the

full, uninterrupted, absolute possession of his property. He is upon a

perfect legal equality with the capitalist. He may labour cheerfully

with the well-founded assurance that his labour will be profitably

exchanged for the goods which he desires for the satisfaction of his

wants, as far as laws and institutions can so provide. In a word, he may

assure himself that, if he possesses anything valuable to offer in

exchange for capital, the capital will not be fenced round with any

artificial barriers, or invested with any unnatural preponderance, to

prevent the exchange being one of perfect equality, and therefore a real

benefit to both exchangers.

We are approaching this desirable state in England. Indeed, there is

scarcely any legal restriction acted upon which prevents the exchange of

labour with capital being completely unembarrassed. Yet it is only

within a few centuries that the working-men of this country have emerged

from the condition of actual slaves into that of free labourers; it is

only a few hundred years ago since the cultivator of the ground, the

domestic servant, and sometimes even the artisan, was the absolute

property of another man--bought, sold, let, without any will of his own,

like an ox or a horse--producing nothing for himself--and transmitting

the miseries of his lot to his children. The progress of civilization

destroyed this monstrous system, in the same way that at the present day

it is destroying it in Russia and other countries where slavery still

exists. But it was by a very slow process that the English slave went

forward to the complete enjoyment of the legal rights of a free

exchanger. The transition exhibits very many years of gross injustice,

of bitter suffering, of absurd and ineffectual violations of the natural

rights of man; and of struggles between the capitalist and the labourer,

for exclusive advantages, perpetuated by ignorant lawgivers, who could

not see that the interest of all classes of producers is one and the

same. We may not improperly devote a little space to the description of

this dark and evil period. We shall see that while such a struggle goes

forward--that is, while security of property and freedom of industry

are not held as the interchangeable rights of the capitalist and the

labourer--there can be little production and less accumulation. Wherever

positive slavery exists--wherever the labourers are utterly deprived of

their property in their labour, and are compelled to dispose of it

without retaining any part of the character of voluntary

exchangers--there are found idleness, ignorance, and unskilfulness;

industry is enfeebled--the oppressor and the oppressed are both

poor--there is no national accumulation. The existence of slavery

amongst the nations of antiquity was a great impediment to their

progress in the arts of life. The community, in such nations, was

divided into a caste of nobles called citizens, and a caste of labourers

called slaves. The Romans were rich, in the common sense of the word,

because they plundered other nations; but they could not produce largely

when the individual spirit to industry was wanting. The industry of the

freemen was rapine: the slaves were the producers. No man will work

willingly when he is to be utterly deprived of the power of disposing at

his own will of the fruits of his labour; no man will work skilfully

when the same scanty pittance is doled out to each and all, whatever be

the difference in their talents and knowledge. Wherever the freedom of

industry is thus violated, property cannot be secure. If Rome had

encouraged free labourers, instead of breeding menial slaves, it could

not have happened that the thieves, who were constantly hovering round

the suburbs of the city, like vultures looking out for carrion, should

have been so numerous that, during the insurrection of Catiline, they

formed a large accession to his army. But Rome had to encounter a worse

evil than that of the swarms of highwaymen who were ready to plunder

whatever had been produced. Production itself was so feeble when carried

on by the labour of slaves, that Columella, a writer on rural affairs,

says the crops continued so gradually to fall off that there was a

general opinion that the earth was growing old and losing its power of

productiveness. Wherever slavery exists at the present day, there we

find feeble production and national weakness. Poland, the most prolific

corn-country in Europe, is unquestionably the poorest country. Poland

has been partitioned, over and over again, by governments that knew her

weakness; and she has been said to have fallen "without a crime." That

is not correct. Her "crime" was, and is, the slavery of her labourers.

There is no powerful class between the noble and the serf or slave; and

whilst this state of things endures, Poland can never be independent,

because she can never be industrious, and therefore never wealthy.

England, as we have said, once groaned under the evils of positive

slavery. The Anglo-Saxons had what they called "live money," such as

sheep and slaves. To this cause may be doubtless attributed the easy

conquest of the country by the Norman invaders, and the oppression that

succeeded that conquest. If the people had been free, no king could have

swept away the entire population of a hundred thousand souls that dwelt

in the country between the Humber and the Tees, and converted a district

of sixty miles in length into a dreary desert, which remained for years

without houses and without inhabitants. This the Conqueror did. In the

reign of Henry II. the slaves of England were exported in large numbers

to Ireland. These slaves, or villeins, as is the case in Russia and

Poland at the present day, differed in the degree of the oppression

which was exercised towards them. Some, called "villeins in gross," were

at the absolute disposal of the lord--transferable from one owner to

another, like a horse or a cow. Others, called "villeins regardant,"

were annexed to particular estates, and were called upon to perform

whatever agricultural offices the lord should demand from them, not

having the power of acquiring any property, and their only privilege

being that they were irremoveable except with their own consent. These

distinctions are not of much consequence, for, by a happy combination of

circumstances, the bondmen of every kind, in the course of a century or

two after the Conquest, were rapidly passing into the condition of free

labourers. But still capital was accumulated so slowly, and labour was

so unproductive, that the land did not produce the tenth part of a

modern crop; and the country was constantly exposed to the severest

inflictions of famine, whenever a worse than usual harvest occurred.

In the reign of Edward III. the woollen manufacture was introduced into

England. It was at first carried on exclusively by foreigners; but as

the trade extended, new hands were wanting, and the bondmen of the

villages began to run away from their masters, and take refuge in the

towns. If the slave could conceal himself successfully from the pursuit

of his lord for a year and a day, he was held free for ever. The

constant attraction of the bondmen to the towns, where they could work

for hire, gradually emboldened those who remained as cultivators to

assert their own natural rights. The nobility complained that the

villeins refused to perform their accustomed services; and that corn

remained uncut upon the ground. At length, in 1351, the 25th year of

Edward III., the class of free labourers was first recognised by the

legislature; and a statute was passed, oppressive indeed, and impolitic,

but distinctly acknowledging the right of the labourer to assume the

character of a free exchanger. Slavery, in England, was not wholly

abolished by statute till the time of Charles II.: it was attempted in

vain to be abolished in 1526. As late as the year 1775, the colliers of

Scotland were accounted _ascripti glebae_--that is, as belonging to the

estate or colliery where they were born and continued to work. It is not

necessary for us further to notice the existence of villeinage or

slavery in these kingdoms. Our business is with the slow progress of the

establishment of the rights of free labourers--and this principally to

show that, during the long period when a contest was going forward

between the capitalists and the labourers, industry was comparatively

unproductive. It was not so unproductive, indeed, as during the period

of absolute slavery; but as long as any man was compelled to work, or to

continue at work, or to receive a fixed price, or to remain in one

place, or to follow one employment, labour could not be held to be

free--property could not be held to be secure--capital and labour could

not have cordially united for production--accumulation could not have

been certain and rapid.

In the year 1349 there was a dreadful pestilence in England, which swept

off large numbers of the people. Those of the labourers that remained,

following the natural course of the great principle of demand and

supply, refused to serve, unless they were paid double the wages which

they had received five years before. Then came the 'Statute of

Labourers,' of 1351, to regulate wages; and this statute enacted what

should be paid to haymakers, and reapers, and thrashers; to carpenters,

and masons, and tilers, and plasterers. No person was to quit his own

village, if he could get work at these wages; and labourers and

artificers flying from one district to another in consequence of these

regulations, were to be imprisoned.

Good laws, it has been said, execute themselves. When legislators make

bad laws, there requires a constant increase of vigilance and severity,

and constant attempts at reconciling impossibilities, to allow such laws

to work at all. In 1360 the Statute of Labourers was confirmed with new

penalties, such as burning in the forehead with the letter F those

workmen who left their usual abodes. Having controlled the wages of

industry, the next step was for these blind lawgivers to determine how

the workmen should spend their scanty pittance; and accordingly, in

1363, a statute was passed to compel workmen and all persons not worth

forty shillings to wear the coarsest cloth called russet, and to be

served once a day with meat, or fish, and the offal of other victuals.

We were not without imitations of such absurdities in other nations. An

ordinance of the King of France, in 1461, determined that good and fat

meat should be sold to the rich, while the poor should be allowed only

to buy the lean and stinking.

While the wages of labour were fixed by statute, the price of wheat was

constantly undergoing the most extraordinary fluctuations, ranging from

2_s._ a quarter to 1_l._ 6_s._ 8_d._ It was perfectly impossible that

any profitable industry could go forward in the face of such unjust and

ridiculous laws. In 1376 the Commons complained that masters were

_obliged_ to give their servants higher wages to prevent their running

away; and that the country was covered with _staf-strikers_ and _sturdy

rogues_, who robbed in every direction. The villages were deserted by

the labourers resorting to the towns, where commerce knew how to evade

the destroying regulations of the statutes; and to prevent the total

decay of agriculture, labourers were not allowed to move from place to

place without letters patent:--any labourer, not producing such a

letter, was to be imprisoned and put in the stocks. If a lad had been

brought up to the plough till he was twelve years of age, he was

compelled to continue in husbandry all his life; and in 1406 it was

enacted that all children of parents not possessed of land should be

brought up in the occupation of their parents. While the legislature,

however, was passing these abominable laws, it was most effectually

preparing the means for their extermination. Children were allowed to be

sent to school in any part of the kingdom. When the light of education

dawned upon the people, they could not long remain in the "darkness

visible" that succeeded the night of slavery.

When the industry of the country was nearly annihilated by the laws

regulating wages, it was found out that something like a balance should

be preserved between wages and prices; and the magistrates were

therefore empowered twice a year to make proclamation, according to the

price of provisions, how much every workman should receive. The system,

however, would not work well. In 1496 a new statute of wages was passed,

the preamble of which recited that the former statutes had not been

executed, because "the remedy by the said statutes is not very perfect."

Then came a new remedy: that is, a new scale of wages for all trades;

regulations for the hours of work and of rest; and penalties to prevent

labour being transported from one district to another. As a necessary

consequence of a fixed scale for wages, came another fixed scale for

regulating the prices of provisions; till at last, in the reign of Henry

VIII., lawgivers began to open their eyes to the folly of their

proceedings, and the preamble of a statute says "that dearth, scarcity,

good cheap, and plenty of cheese, butter, capons, hens, chickens, and

other victuals necessary for man's sustenance, happeneth, riseth, and

chanceth, of so many and divers occasions, that it is very hard and

difficile to put any certain prices to any such things." Yet they went

on with new scales, in spite of the hardness of the task; till at last

some of the worst of these absurd laws were swept from the statute-book.

The justices, whose principal occupation was to balance the scale of

wages and labour, complained incessantly of the difficulty of the

attempt; and the statute of the 5th Elizabeth acknowledged that these

old laws "could not be carried into execution without the great grief

and burden of the poor labourer and hired man." Still new laws were

enacted to prevent the freedom of industry working out plenty for

capitalists as well as labourers; and at length, in 1601, a general

assessment was directed for the support of the impotent poor, and for

setting the unemployed poor to work. The capitalists at length paid a

grievous penalty for their two centuries of oppression; and had to

maintain a host of paupers, that had gradually filled the land during

these unnatural contests. It would be perhaps incorrect to say, that

these contests alone produced the paupers that required this legislative

protection in the reign of Elizabeth; but certainly the number of those

paupers would have been far less, if the laws of industry had taken

their healthy and natural course,--if capital and labour had gone hand

in hand to produce abundance for all, and fairly to distribute that

abundance in the form of profits and wages, justly balanced by the

steady operation of demand and supply in a free and extensive market.

The whole of these absurd and iniquitous laws, which had succeeded the

more wicked laws of absolute slavery, proceeded from a struggle on the

part of the capitalists in land against the growing power and energy of

free labour. If the capitalists had rightly understood their interests,

they would have seen that the increased production of a thriving and

happy peasantry would have amply compensated them for all the increase

of wages to which they were compelled to submit; and that at every step

by which the condition of their labourers was improved their own

condition was also improved. If then capital had worked naturally and

honestly for the encouragement of labour, there would have been no lack

of labourers; and it would not have been necessary to pass laws to

compel artificers, under the penalty of the stocks, to assist in getting

in the harvest (5 Eliz.). If the labourers in agriculture had been

adequately paid, they would not have fled to the towns; and if they had

not been liable to cruel punishments for the exercise of this their

natural right, the country would not have been covered with "valiant

rogues and sturdy beggars."

The Law of Settlement, which, however modified, yet remains upon our

statute-book, has been the curse of industry for nearly two centuries.

All the best men of past times have cried out against its oppression.

Roger North, soon after its enactment, in the time of Charles II.,

clearly enough showed its general operation:--"Where most work is, there

are fewest people, and _e contra_. In Norfolk, Suffolk, and Essex, a

labourer hath 12_d._ a day; in Oxfordshire, 8_d._; in the North, 6_d._,

or less; and I have been credibly informed that in Cornwall a poor man

will be thankful for 2_d._ a day and poor diet: and the value of

provisions in all these places is much the same. Whence should the

difference proceed? Even from plenty and scarcity of work and men, which

happens crossgrainedly, so that one cannot come to the other." When men

honestly went from home to seek work, they were called vagrants, and

were confounded with the common beggars, for whom every severity was

provided by the law--the stocks, the whip, the pillory, the brand. It

was all in vain. Happy would it have been for the land if the law had

left honest industry free, and in the case of dishonesty had applied

itself to more effectual work than punishments and terror. One of our

great judges, Sir Matthew Hale, said, long ago, what we even now too

often forget--"The prevention of poverty, idleness, and a loose and

disorderly education, even of poor children, would do more good to this

kingdom than all the gibbets, and cauterizations, and whipping-posts,

and jails in this kingdom." The whole scheme of legislation for the poor

was to set the poor to work by forced contributions from capital. If the

energy of the people had not found out how to set themselves to work in

spite of bad laws, we might have remained a nation of slaves and

paupers.

Knowledge is power · 第 7 / 25 章