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wealbk01-第32章

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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
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