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
In the English statutes this prohibition of combination was, as we have
seen, only a secondary feature, incidental to the main purpose of the
law. The case is different with regard to the early Irish Acts, the
terms of which point to a much sharper cleavage between masters and
men, due, perhaps, to difference of religion and race. The very first
statute against combinations which was passed by the Irish Parliament,
the Act of 1729 (3 Geo. II. c. 14), contained no provisions protecting
the wage-earner, and prohibited combinations in all trades whatsoever.
The Act of 1743 (17 Geo. II. c. 8), called forth by the failure of
the previous prohibition, equally confined itself to drastic penal
measures, including the punishment of the keepers of the public-houses
which were used for meetings. But in later years the English practice
seems to have been followed; for the laws of 1758 (31 Geo. II. c.
17), 1763 (3 Geo. III. 34, sec. 23), 1771 (11 and 12 Geo. III. c. 18,
sec. 40, and c. 33), and 1779 (19 and 20 Geo. III. c. 19, c. 24, and
c. 36) provide for the fixing of wages, and contain other regulations
of industry, amongst which the prohibition of combinations comes as a
matter of course.
By the end of the century, at any rate, the common law, both in England
and in Ireland, had been brought to the aid of the special statutes,
and the judges were ruling that any conspiracy to do an act which
they considered unlawful in a combination, even if not criminal in an
individual, was against the common law. Soon the legislature followed
suit. In 1799 the Act 39 Geo. III. c. 81 expressly penalised all
combinations whatsoever.
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