The History of Trade Unionism: (Revised edition, extended to 1920)Webb, Sidney
History
The History of Trade Unionism: (Revised edition, extended to 1920)
Webb, Sidney
Labor unions -- Great Britain -- History
Thus one of the earliest types of combination among journeymen--the
society to enforce the law--seems always to have been tacitly accepted
as permissible. Although it is probable that such associations came
technically within the definitions of combination and conspiracy,
whether under the common law or the early statutes, we know of
no case in which they were indicted as illegal. We have already
described, for instance, how, in 1726, the woollen weavers of
Wiltshire and Somersetshire openly combined to present a petition to
the King in Council against their masters, the broad clothiers. The
Privy Council, far from deeming the action of the weavers illegal,
considered and dealt with their complaint. And when the employers
persisted in disobeying the law, we have seen how, in 1756, the
Fraternity of Woollen Clothweavers petitioned the House of Commons
to make more effectual the power of the justices to fix wages, and
obtained a new Act of Parliament in accordance with their desires.
The almost perpetual combinations of the framework knitters between
1710 and 1800 were never made the subject of legal proceedings. The
combinations of the London silkweavers obtained a virtual sanction
by the Spitalfields Acts, under which the delegates of the workmen’s
organisations regularly appeared before the justices, who fixed and
revised the piecework prices. Even in 1808, after the stringency of
the law against combinations had been greatly increased, the Glasgow
and Lancashire cotton-weavers were permitted openly to combine for the
purpose of seeking a legal fixing of wages, with the results already
described. Nor was it only the combination to obtain a legally fixed
rate of wages that was left unmolested by the law. Combinations to
put in force the sections of the Statute of Apprentices (5 Eliz. c.
4), or other prohibitions of the employment of “illegal workmen,”
occurred at intervals down to 1813. In 1749 a club of journeymen
painters of the City of London proceeded against a master painter
for employing a non-freeman; and the proceedings led, in 1750, to
a conference of thirty journeymen and thirty masters with the City
Corporation, at which the regulations were altered.[112] No one seems
to have questioned the legality of the 1811-13 outburst of combinations
to prosecute masters who had not served an apprenticeship, or who
were employing unapprenticed workmen. One reason, doubtless, for the
immunity of combinations to enforce the law was that they included
employers and sympathisers of all ranks. For instance, the combinations
in 1811-13 to enforce the apprenticeship laws comprised both masters
and journeymen, who were equally aggrieved by the competition of the
new capitalist and his “hirelings.”[113] The Yorkshire Clothiers’
Community, or “Brief Institution,” to which reference has already been
made, included, in some of its ramifications, the “domestic” master
manufacturers, who fought side by side with the journeymen against the
new factory system.
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