Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
intent that they will live idly, and at their pleasure flee and resort
from place to place, whereof ensuith more incovenyencies then can be
at this present expressed and declared"--an inconvenience not unknown
in modern intelligence offices. All employers having more than three
apprentices shall keep at least one journeyman, and unmarried servants
in husbandry must serve by the year.
(1550) In the 3d of Edward VI we find the first Riot Act, aimed at
persons to the number of twelve or above assembling together and
proposing to alter the laws and not dispersing when so required by
the sheriff, and even persons more than two and less than twelve
assembling for such purpose are subject to fine and imprisonment with
treble damages to parties injured, and if forty persons so assemble
and do not disperse in three hours, they are declared felons. This
statute was re-enacted and made more severe in the reign of Queen
Mary.
(1562) In the 5th of Elizabeth comes the last and greatest Statute of
Laborers. This statute is a consolidation of all previous laws, and
it begins by recognizing the principle that the fixing of wages is a
mistake and all such laws are repealed so far as they relate to terms
of hiring and wages. Servants in certain employments, generally
speaking the tailoring and shoemaking trades, may still be hired
by the year, and persons unmarried, not having an income of forty
shillings a year, may be compelled to serve in their own handicraft.
Such yearly servants may not be dismissed or depart during the year
except by cause allowed by two justices, nor at the end of a year,
without a quarter's warning. Unmarried persons under thirty, not
having any trade and not belonging to a nobleman's household, may
be compelled to labor at the request of any person using an art or
mystery, and all persons between twelve and sixty not otherwise
employed may be compelled to serve by the year in husbandry. The
masters may not dismiss, nor the servants unduly depart; nor leave the
city or parish of their service without a testimonial; that is to say,
a certificate of due cause under the seal of the town or constable and
two honest householders. The hours of labor are still fixed from 5
A.M. to 7 P.M., between March and September, with two and one-half
hours for meal times, drink times, and sleep. From September to May,
from dawn to sunset, and sleep times only allowed from May to
August. A penalty of one month's imprisonment and fine is imposed on
artificers and laborers leaving their work unfinished. Wages are still
to be fixed by the justices of the peace, and it is made a penal
offence to give or receive higher wages than the lawful rate, and all
contracts for higher wages are void. Unmarried women between twelve
and forty may be compelled to serve in like manner, and everybody
has to work at harvest time, that is to say, artificers as well as
laborers. The elaborate law of apprenticeship dates also from this
Public-domain text, read in full here on John Shaqi.
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