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
On the other hand, combinations of journeymen to regulate for
themselves their wages and conditions of employment stood, from
the first, on a different footing. The common law doctrine of the
illegality of proceedings “in restraint of trade,” as subsequently
interpreted by the judges, of itself made illegal all combinations
whatsoever of journeymen to regulate the conditions of their work.
Moreover, with the regulation by law of wages and the conditions of
employment, any combination to resist the order of the justices on
these matters was obviously of the nature of rebellion, and was, in
fact, put down like any individual disobedience of the law. Nor was
express statute law against combinations wanting. The statute of 1305,
entitled, “Who be Conspirators and who be Champertors” (33 Edw. I.
st. 2), was in 1818 held to apply to a combination to raise wages
among cotton-spinners, whose leaders were sentenced to two years’
imprisonment under this Act. The “Bill of Conspiracies of Victuallers
and Craftsmen” of 1549 (2 and 3 Edw. VI. c. 15), though aimed primarily
at combinations to keep up the prices charged to consumers, clearly
includes within its prohibitions any combinations of journeymen
craftsmen to keep up wages or reduce hours.
It is some proof of the novelty of the workmen’s combinations in the
early part of the eighteenth century, that neither the employers nor
the authorities thought at first of resorting to the very sufficient
powers of the existing law against them. When, in 1720, the master
tailors of London found themselves confronted with an organised
body of journeymen claiming to make a collective bargain, seriously
“in restraint of trade,” they turned, not to the law courts, but to
Parliament for protection, and obtained, as we have seen, the Act “for
regulating the Journeymen Tailors within the bills of mortality” (7
Geo. I. st. 1, c. 13, amended by 8 Geo. III. c. 17).[114] Similarly,
when the clothiers of the West of England began between 1717 and
1725 to be inconvenienced by the “riotous and tumultuous clubs and
societies” of woolcombers and weavers, who made bye-laws and maintained
a Standard Rate,[115] they did not put in force the existing law, but
successfully petitioned Parliament for the Act “to prevent unlawful
combinations of workmen employed in the Woollen Manufactures” (12 Geo.
I. c. 34). Indeed, prior to the general Acts of 1799 and 1800 against
all combinations of journeymen, Parliament was, from the beginning
of the eighteenth century, perpetually enacting statutes forbidding
combinations in particular trades.[116]
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