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five pounds a month; half to the king and half to him who shall
sue in any court of record。 Both these regulations; though they
have been confirmed by a public law of the kingdom; are evidently
dictated by the same corporation spirit which enacted the bye…law
of Sheffield。 The silk weavers in London had scarce been
incorporated a year when they enacted a bye…law restraining any
master from having more than two apprentices at a time。 It
required a particular Act of Parliament to rescind this bye law。
Seven years seem anciently to have been; all over Europe;
the usual term established for the duration of apprenticeships in
the greater part of incorporated trades。 All such incorporations
were anciently called universities; which indeed is the proper
Latin name for any incorporation whatever。 The university of
smiths; the university of tailors; etc。; are expressions which we
commonly meet with in the old charters of ancient towns。 When
those particular incorporations which are now peculiarly called
universities were first established; the term of years which it
was necessary to study; in order to obtain the degree of master
of arts; appears evidently to have been copied from the terms of
apprenticeship in common trades; of which the incorporations were
much more ancient。 As to have wrought seven years under a master
properly qualified was necessary in order to entitle any person
to become a master; and to have himself apprenticed in a common
trade; so to have studied seven years under a master properly
qualified was necessary to entitle him to become a master;
teacher; or doctor (words anciently synonymous) in the liberal
arts; and to have scholars or apprentices (words likewise
originally synonymous) to study under him。
By the 5th of Elizabeth; commonly called the Statute of
Apprenticeship; it was enacted; that no person should for the
future exercise any trade; craft; or mystery at that time
exercised in England; unless he had previously served to it an
apprenticeship of seven years at least; and what before had been
the bye law of many particular corporations became in England the
general and public law of all trades carried on in market towns。
For though the words of the statute are very general; and seem
plainly to include the whole kingdom; by interpretation its
operation has been limited to market towns; it having been held
that in country villages a person may exercise several different
trades; though he has not served a seven years' apprenticeship to
each; they being necessary for the conveniency of the
inhabitants; and the number of people frequently not being
sufficient to supply each with a particular set of hands。
By a strict interpretation of the words; too; the operation
of this statute has been limited to those trades which were
established in England before the 5th of Elizabeth; and has never
been extended to such as have been introduced since that time。
This limitation has given occasion to several distinctions which;
considered as rules of police; appear as foolish as can well be
imagined。 It has been adjudged; for example; that a coachmaker
can neither himself make nor employ journeymen to make his
coach…wheels; but must buy them of a master wheel…wright; this
latter trade having been exercised in England before the 5th of
Elizabeth。 But a wheelwright; though he has never served an
apprenticeship to a coachmaker; may either himself make or employ
journeyman to make coaches; the trade of a coachmaker not being
within the statute; because not exercised in England at the time
when it was made。 The manufactures of Manchester; Birmingham; and
Wolverhampton; are many of them; upon this account; not within
the statute; not having been exercised in England before the 5th
of Elizabeth。
In France; the duration of apprenticeships is different in
different towns and in different trades。 In Paris; five years is
the term required in a great number; but before any person can be
qualified to exercise the trade as a master; he must; in many of
them; serve five years more as a journeyman。 During this latter
term he is called the companion of his master; and the term
itself is called his companionship。
In Scotland there is no general law which regulates
universally the duration of apprenticeships。 The term is
different in different corporations。 Where it is long; a part of
it may generally be redeemed by paying a small fine。 In most
towns; too; a very small fine is sufficient to purchase the
freedom of any corporation。 The weavers of linen and hempen
cloth; the principal manufactures of the country; as well as all
other artificers subservient to them; wheel…makers; reel…makers;
etc。; may exercise their trades in any town corporate without
paying any fine。 In all towns corporate all persons are free to
sell butcher's meat upon any lawful day of the week。 Three years
in Scotland is a common term of apprenticeship; even in some very
nice trades; and in general I know of no country in Europe in
which corporation laws are so little oppressive。
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 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。 It is a manifest
encroachment upon the just liberty both of the workman and of
those who might be disposed to employ him。 As it hinders the one
from working at what he thinks proper; so it hinders the others
from employing whom they think proper。 To judge whether he is fit
to be employed may surely be trusted to the discretion of the
employers whose interest it so much concerns。 The affected
anxiety of the law…giver lest they should employ an improper
person is evidently as impertinent as it is oppressive。
The institution of long apprenticeships can give no security
that insufficient workmanship shall not frequently be exposed to
public sale。 When this is done it is generally the effect of
fraud; and not of inability; and the longest apprenticeship can
give no security against fraud。 Quite different regulations are
necessary to prevent this abuse。 The sterling mark upon plate;
and the stamps upon linen and woollen cloth; give the purchaser
much greater security than any statute of apprenticeship。 He
generally looks at these; but never thinks it worth while to
inquire whether the workman had served a seven years'
apprenticeship。
The institution of long apprenticeships has no tendency to
form a young people to industry。 A journeyman who works by the
piece is likely to be industrious; because he derives a benefit
from every exertion of his industry。 An apprentice is likely to
be idle; and almost always is so; because he has no immediate
interest to be otherwise。 In the inferior employments; the sweets
of labour consist altogether in the recompense of labour。 They
who are soonest in a condition to enjoy the sweets of it are
likely soonest to conceive a relish for it; and to acquire the
early habit of industry。 A young man naturally conceives an
aversion to labour when for a long time he receives no benefit
from it。 The boys who are put out apprentices from public
charities are generally bound for more than the usual number of
years; and they generally turn out very idle and worthless。
Apprenticeships were altogether unknown to the ancients。 The
reciprocal duties of master and apprentice make a considerable
article in every modern code。 The Roman law is perfectly silent
with regard to them。 I know no Greek or Latin word (I might
venture; I believe; to assert that there is none) which expresses
the idea we now annex to the word Apprentice; a servant bound to
work at a particular trade for the benefit of a master; during a
term of years; upon condition that the master shall teach him
that trade。
Long apprenticeships are altogether unnecessary。 The arts;
which are much superior to common trades; such as those of making
clocks and watches; contain no such mystery as to require a long
course of instruction。 The first invention of such beautiful
machines; indeed; and even that of some of the instruments
employed in making them; must; no doubt; have been the work of
deep thought and long time; and may justly be considered as among
the happiest efforts of human ingenuity。 But when both have been
fairly invented and are well understood; to explain to any young
man; in the completest manner; how to apply the instruments and
how to construct the machines; cannot well require more than the
lessons of a few weeks: perhaps those of a few days might be
sufficient。 In the common mechan