LABOUR 169
were the restraints still placed by the legislature on the free action of labour. After this mass of unwholesome legislation it is instructive to notice the state of the labouring classes in England in the 16th century, as recorded by Harrison. After dividing English people into four sorts – gentlemen, citizens or burgesses, yeomen, and artificers and labourers – and describing the first three classes, he says: –
"The fourth and last sort of people in England are day labourers, poor husbandmen, and some retailers (which have no free land), copyholders, and all artificers, as tailors, shoemakers, carpenters, brickmakers, masons, &c. As for slaves and bondmen, we have none; nay, such is the privilege of our country, by the especial grace of God and bounty of our princes, that, if any come hither from other realms, so soon as they set foot on land they become so free of condition as their masters. ... This fourth and last sort of people have neither voice nor authority in the common wealth, but are to be ruled, and not to rule others; yet they are not altogether neglected, for in cities and corporate towns, for default of yeomen, they are fain to make up their inquests of such manner of people, and in villages they are commonly made churchwardens, sidemen, ale conners, now and then constables, and many times enjoy the name of headboroughs. Unto this sort also may our great swarms of idle serving-men be referred, of whom there runneth a proverb, Young serving-men, old beggars, because service is none heritage. ... This, furthermore, among other things I have to say of our husbandmen and artificers, that they were never so excellent in their trades as at this present. But, as the workmanship of the latter sort was never more fine and curious to the eye, so was it never less strong and substantial for continuance and benefit of the buyers. Neither is there anything that hurteth the common sort of our artificers more than haste, and a barbarous or slavish desire to turn the penny, and by ridding their work to make speedy utterance of their wares; which enforceth them to bungle up and despatch many things they care not how so they be out of their hands, whereby the buyer is often sore defrauded, and findeth to his cost that haste maketh waste, according to the proverb. Oh, how many traders and handicrafts are now in England whereof the commonwealth hath no need! How many needful commodities have we which are perfected with great cost, &c., and yet may with far more ease and less cost be provided from other countries if we could use the means! I will not speak of iron, glass, and such like, which spoil much wood, and yet are brought from other countries better cheap than we can make them here at home. I could exemplify also in many others."
Notwithstanding compulsory legislation, and the forcing of labour for the sovereign already noticed, it is evident that the condition of the labourer, even when employed on royal property, was undergoing amelioration. In a remarkable but apparently unpublished letter of Humphrey Mitchell, surveyor of the queen's works at Windsor (and for some time member of parliament for that borough), to Lord Burghley, written in 1575, he says – "At my first entry into this charge I could scarce get workmen by commission; since, with monthly payes, impressing through the mayor those contumacious in work, rewarding the diligent, and thrusting out the evil where I perceive them loitering, I have brought them into such an obedience and a desire to work here that where I have one I can have twenty to serve her Majesty; and when at the first entry into the works, they had their breakfast at eight of the clock in the morning, and drinking at three in the afternoon, I have taken that idle custom from them, and have only allowed them two hours at noon, and, as necessity serveth, sometimes but one, with their contentation; and for that also I would have them they must know their duty, I bring them to the lecture at the college [Windsor] twice every week, losing no hour's work thereby, for those days they rest at twelve. I suffer not a swearer nor filthy talker in the works to my knowledge, by all which means I think her Majesty hath her work done as diligently as any other private man hath."
Light is thrown on the arrangement of hours by a clause in the above-mentioned Statute of Labourers of the fifth year of the Queen's reign. It enacted that –
"All artificers and labourers being hired for wages by the day or week shall, betwixt the midst of the months of March and September, be and continue at their work at or before five of the clock in the morning, and continue at work and not depart until betwixt seven and eight o'clock at night (except it be in the time of breakfast dinner, or drinking), the which time at the most shall not exceed above two hours and a half in a day, that is to say, at every drinking one half hour, for his dinner one hour, and for his sleep when he is allowed to sleep, the which is from the midst of May to the midst of August, half an hour at the most, and at every breakfast one half hour; and all the said artificers and labourers betwixt the midst of September and the midst of March shall be and continue at their work from the spring of the day in the morning until the night of the same day, except it be in time afore appointed for breakfast and dinner, upon pain to lose and forfeit one penny for every hour's absence, to be deducted and defaulked out of his wages that shall so offend."
In the first parliament after the accession of James an attempt made towards the close of the previous reign to enforce the rating of wages and the payment of the rated amounts was renewed. The Act recites, in the same terms as were used only two years before, that the Act of 1562 "hath not, according to the true meaning thereof, been duly put in execution," and, in order to remove a doubt as to the application of the principle of assessing wages, expressly extends it "to rate wages of any labourers, weavers, spinsters, or workmen whatsoever, either working by the day, week, month, year, or taking any work at any person or persons' hand whatsoever, to be done in great or otherwise." The giving or receiving more or less than the proclaimed price was expressly declared to be an offence.
In Scotland we find complaints in the 16th century by masters of salt-pans of the great rise in wages, and early in the 17th century (1617) justices were directed to fix at quarter sessions the ordinary rate of hire and wages of workmen, labourers, and servants, and to imprison those who refused to serve for the appointed hire. At the same time, "that servants may be the more willing to obey the ordinance," power was given to the justices to compel payment of wages. This law was re-enacted in 1661. Some years previously (1606) any one hiring a collier or salter without a sufficient testimonial from his last master was compelled to deliver him up if demanded; and colliers and salters were empowered to apprehend vagabonds and sturdy beggars and force them to labour. In 1621, in consequence of "the great straits and necessities that the poor labourers of the ground" were driven to by the "fraud and malice" of servants who either refused to be hired without the promise of great wages, or else hired themselves from Martinmas to Whitsunday, then "casting them loose" on purpose to make their gain and advantage by extraordinary works, such as casting and winning peats or turfs, building fold dykes, and shearing in the harvest, hired servants were forbidden to leave unless upon proof to a justice of the peace that they were hired to another. If it was found that a servant was not so hired, his master was empowered to detain him at the previous rate of wages. Power was given to apprehend a servant "who broke loose," and to deliver him to a constable or justice, and a power to all persons to apprehend loose and masterless men and women found within their own bounds; and the justices and constables were empowered to compel them to serve for competent hire and wages. Twenty years later servants in manufactories were compelled to work at reasonable rates, and not to hire without their previous master's consent. Houses of correction were erected for disobedient servants, and in 1672 masters of correction houses were empowered to receive such servants and to force them to work, and to correct them according to their demerits. These later laws of Scotland were accompanied by others directed against vagrancy.
Passing over legislation which either affected only particular trades (although denoting the growth of manufacturing industry), or related rather to the poor laws than