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CHAPTER II
ОглавлениеTHE OLD APPRENTICESHIP
Prior to the nineteenth century and the beginning of factory legislation the conditions of boy labour were determined in and through the industrial organization of the times. Of this organization, so far as the youthful worker was concerned, the indentured apprenticeship system formed the most characteristic feature. The history of the apprenticeship system falls into three periods. In the first the gilds were the predominant factor; in the second the State, by prescribing a seven years’ apprenticeship, insured the continuance of the system; in the third the industrial revolution and the triumph of laissez-faire ushered in the age of decay and dissolution.
I.
The Age of the Gilds.
During the Early and Middle Ages the gilds constituted the central feature of the industrial organization. The merchant gilds began to come into existence in the second half of the eleventh century.[2] They were societies formed for the purpose of obtaining the exclusive privilege of carrying on trades. Later they became either identified with the municipal body, or a specialized department of that authority. The craft gilds appeared about a century later, and were associations of artisans engaged in a particular industry. It is not necessary here to enter on a discussion of the complex relations between these two kinds of gilds. The subject is obscure, but, so far as concerns the regulation of boy labour, the general facts are unquestioned.
Either by obtaining a royal charter of their own or by using the authority of the municipality, the gilds were enabled to prescribe, down to the most minute details, the conditions under which the trades of the district were carried on. The control was essentially of a local character, varying from place to place; it was, moreover, a control with, for all practical purposes, the full force of the law at its back. “The towns and even the villages had their gilds, and it is certain that these gilds were the agencies by which the common interests of labour were protected.”[3]
The gild organization included three classes of person—the apprentice, the journeyman, and the master.
The Apprentice.—The apprentice paid the master a premium, and was indentured to him for a period of years, usually seven. He lived in his master’s house, and received from him, in addition to board and clothing, wages on a low and rising scale. The master engaged to teach him his trade, and the boy promised to serve his master honestly and obediently. The following is a typical example of a fifteenth-century indenture:[4]
“This indenture made the xviii of September the year of the reign of King Edward the iiiith the xxth between John Gare of Saint Mary Cray in the county of Kent, cordwainer on that oon partie and Walter Byse, son of John Byse sumtyme of Wimelton, in the same county, fuller on that other partie, Witnesseth that the saide Walter hath covenanted with the saide John Gare for the time of vii yeres, and that the saide John Gare shall find the saide Walter mete and drink and clothing during the saide time as to the saide Walter shall be according. Also the saide John Gare shall teche the saide Walter his craft, as he may and can, and also the saide John Gare shall give him the first yere of the said vii yeres iiid in money and the second yere vid and so after the rate of iiid to an yere, and the last yere of the saide vii yeres the saide John Gare shall give unto the said Walter x shillings of money. And the saide Walter shall will and truly keep his occupacyon and do such things as the saide John shall bid him do, as unto the saide Walter shall be lawful and lefull, and the saide Walter shall be none ale goer neyther to no rebeld nor sporte during the saide vii yeres without the licence of the saide John. In witness whereof the parties aforesaide chaungeably have put their seales this daye and yere abovesaide.”
The Journeyman.—At the expiration of the identureship the apprentice became a journeyman. The change of status, beyond bringing with it a rise in wages, made no great difference to the youth. He usually continued to work for his master, and not infrequently remained a lodger in his house. To some extent the master was still responsible for the good conduct of his journeymen. Various regulations forbade the master to entice away the journeymen of others and the journeymen to combine against the masters.
The Master.—By a somewhat similar process of growth and without any sudden break in social status, the journeyman became a master. Between journeyman and master there were no class distinctions. Both worked at their craft; and, in an age preceding the era of capitalistic production on a large scale, the need of capital to start business on his own account presented no difficulties which could not easily be overcome by any intelligent journeyman.
Period of apprenticeship, hours and conditions of work, wages and premiums, were all rigidly determined by the rules of the gild. Through its officers the gild visited the workshops, inspected the articles in process of manufacture, satisfied themselves as to their quality, prescribed methods of production, were empowered to confiscate tools not sanctioned by the regulations, and settled all disputes between the three classes of persons concerned. Masters, journeymen, and apprentices alike benefited by an organization which was created and controlled in their common interests; while the general public were well served in the system of expert inspection which guaranteed the quality of the goods supplied. The gild, in short, was “the representation of the interests, not of one class alone, but of the three distinct and somewhat antagonistic elements of modern society—the capitalist entrepreneur, the manual worker, and the consumer at large.”[5]
From the point of view of the boy’s training the system presented unique advantages. To the age of twenty-one, and sometimes twenty-four, he was under control. Living in the same house as his master, that control was paternal in character, inspired by a living and individual interest in his welfare. He received a thorough training in the trade to which he was indentured. Finally, when apprenticeship was over, he found ready-made for himself an opening that led upwards from the journeyman to the small master. Under this system there was no boy his own master from an early age, no master irresponsible for the conduct of his boys outside the workshops, and no blind alley of boy employment that closed with boyhood and ended in the sink of unskilled labour.
It its best days the gilds represented something more than a privileged trade organization. The close connection between the gilds and the municipality guarded the interests of the public. “The city authorities looked to the wardens of each craft to keep the men under their charge in order; and thus for every public scandal, or underhand attempt to cheat, someone was responsible, and the responsibility could, generally speaking, be brought home to the right person.”[6] Further, there was no sharp barrier between trade and trade. It is true that no one could enter a trade without being apprenticed, but the person who had served his seven years’ apprenticeship in any one trade became free to follow all trades within the city.[7] The gild system represented therefore something very different from the individualist methods of modern times. There was in a real sense, at any rate in each town, a trade organization under no inconsiderable amount of collective control.
But the organization of the gild was suited only to the conditions of a more or less primitive society. For a country rising rapidly to a front place in the commercial world it was ill adapted. Increasing trade brought wealth and a desire for wealth; and with wealth came power to those who possessed it. The richer members of the gild gained the upper hand in the administration of its affairs and oppressed the poorer.[8] The gild was no longer an association of equals; and the weaker went to the wall. Competition turned the methods of production in the direction of cheapness rather than good quality; and the supervisory functions of the gild disappeared. In general the whole system, rigid and inelastic, became a heavy drag on the industrial organization. The members had paid for their privileges in money and a long apprenticeship, and bitterly resented the appearance of intruders not hall-marked by the gild. With shortsighted policy, the gilds limited admissions by exacting high entrance-fees, and strove to secure the maximum of benefits for the smallest possible number.
No longer an association of equals, united by common interests and a common outlook; no longer a guarantee of excellence in matters of craftmanship; no longer the guardian of the interests of the general public, but a narrow sect claiming exclusive privileges—the gilds, rent by strife and envy within, and regarded with open hostility by those outside, drifted slowly towards that inevitable end which awaits those who seek to sacrifice the needs of all on the altar of the selfish desires of the few. “In the sixteenth century,” says Dr. Cunningham, “the gilds had in many cases so entirely lost their original character that they had not only ceased to serve useful purposes, but their ill-judged interference drove workmen to leave the towns and establish themselves in villages where the gilds had no jurisdiction.”[9] They received their death-blow in the year 1547, through the legislation directed against the property of the semi-religious bodies. With the decay of the gilds and their final dissolution passed the ancient system which had for centuries regulated the conditions of boy labour. So far as the boy was concerned the system was founded on three principles: It recognized his need for prolonged control and supervision, and made provision for the need by securing for him, through his master, an interest at once individual and paternal. It recognized the need for a thorough training in the mysteries of the craft; and it recognized the need that, at the close of this training, the lad should find opening out for him a career for which he had been specially prepared. And it made provision for these needs by its scheme of inspection and control carried on by those responsible for the common interests of the trade. In short, the gild organization, in its earlier and flourishing days, may justly be regarded as satisfying the conditions of a true apprenticeship system.
II.
The Statute of Apprentices.
If the gild system was dead, the principles for which it stood and made provision continued to be as important as ever. Nor under the industrial conditions of the sixteenth and seventeenth centuries did there appear to be any practical difficulty in the way of enforcement. The small master remained, and with him remained the possibility of an effective apprenticeship system. Regulated by custom or by the municipal authority, apprenticeship lost nothing of its old vitality. Indeed, with the increase of trade and the increasing profits derived from trade, it became more popular than ever. None the less, signs are not wanting that people were conscious of faults in the industrial organization. Into the statute book of the period creep frequent allusions to intruders who had entered the trade other than through the door of apprenticeship. There was nothing new in these complaints; they existed even in the best days of the gilds. “We seem at a very early time,” says Mrs. Green, “to detect behind the gild system a growing class of ‘uncovenanted labour,’ which the policy of the employers constantly tended to foster, their aim being on the one hand to limit the number of privileged serving-men, and on the other to increase the supply of uncovenanted labour.”[10] But with the decay of the supervisory functions of the gild these complaints became more frequent.
The condition of this “uncovenanted labour” has always been the unsolved problem in any apprenticeship system. If uncovenanted labour is allowed to enter a trade on the same terms as those who have served an apprenticeship, the latter have clearly a grievance. They have paid for their privilege in premium and long service at low wages, and not unnaturally demand some assured recompense in return. If, on the other hand, uncovenanted labour is rigidly excluded, there is no method of rapidly increasing the supply of workers in times of expanding trade. From this dilemma there is but one way of escape. All boys, irrespective of the trades they follow, must pass through a system of apprenticeship before they are permitted to earn the wages of a man. Two conditions are necessary to success. First, all boys without exception must serve an apprenticeship; secondly, having served this apprenticeship, they must not in their employment be restricted to the trade to which they have been indentured.
As already shown, the gilds, at any rate in certain districts, allowed a person who had served an apprenticeship in one trade to be free of all the trades of the town. The gilds satisfied the second condition, and in their earlier days, when they included the majority of the population, they satisfied to a large extent the second condition as well. To satisfy the first condition was clearly, as will appear later, the intention of the Statute of Apprentices.
But apart from the problem of uncovenanted labour, the disappearance of the controlling influence of the gilds left many anomalies. Here apprenticeship was regulated by custom, here by charter, and there left undetermined. In one place a certain period of service was exacted, in another place a different period. Finally, in the minds of the leaders of the day there was firmly fixed the belief that, as trade was becoming the life-blood of the nation, there was need of a general and consolidating Act giving the force of law to what was often only a floating custom applicable in a certain district.
In the reign of Elizabeth these growing feelings of discontent found voice in an Act which marks an epoch in industrial legislation. It is usually known as the Statute of Artificers and Apprentices. After reciting the confusion that existed in previous legislation, the preamble continues:
“So if the substance of as many of the said Laws as are meet to be continued shall be digested and reduced into one sole law and Statute, and in the same an uniform Order prescribed and limited concerning the Wages and other Orders for Apprentices, Servants and Labourers, there is good hope that it will come to pass, that the same law (being duly executed) should banish Idleness, advance Husbandry, and yield unto the hired person, both in the time of Scarcity and in the time of Plenty, a conventient Proportion of Wages.”[11]
We are here concerned with the Act only so far as it affects the conditions of boy labour. The principal regulations are the following:
“No person shall retain a servant in their services (i.e., in employment for which apprenticeship was required) under one whole Year.”[12] Husbandmen may take apprentices “from the age of 10 until 21 at least,” or till twenty-four by agreement.[13] Householders in towns may “have and retain the son of any Freeman not occupying Husbandry nor being a Labourer ... to serve and be bound as an Apprentice, after the Custom and Order of the City of London, for seven years at the least so as the Term and years of such Apprentice do not expire or determine after such Apprentice shall be of the Age of twenty-four Years at the least.”[14] “None may use any manual occupacyon unless he hath been apprenticed to the same as above.”[15] “If a person be required by any Householder to be an Apprentice and refuse he may be brought before a justice of the peace who is empourred to commit him unto Ward, there to remain until he be contented, and will be bounden to serve as an Apprentice should serve.”[16]
The Elizabethan Poor Law gave additional powers with regard to the compulsory apprenticing of those likely to fall into evil ways, and made it lawful for churchwardens and overseers “to bind any such children as aforesaid to be Apprentices, when they shall see convenient, till such Man child shall come to the age of four-and-twenty yeares.”[17]
Taken together, these two Acts gave to public authorities large powers of control over the growing boy. They did not, indeed, provide that everyone should be apprenticed, but in the majority of occupations no one could be employed unless he had served his time. Nor did they allow a person who had been apprenticed to one trade to work at another. But they applied the system of compulsory apprenticeship to all parts of the country, and they made provision for the proper care, by way of apprenticeship, of neglected children. People of the time were clearly of one mind in their desire to supervise, through the State, the training of the youth. “Contemporary opinion held that it was neither good for society nor trade that the young man should enjoy any independence. ‘Until a man grows unto the age of xxiii yeares he for the moste parte, thoughe not alwayes, is wilde, withoute Judgment, and not of sufficient experience to govern himself. Nor (many tymes) grown unto the full or perfect knowledge of the arte or occupation that he professed.’”[18]
As to the general effect of the far-reaching Statute of Apprentices, it is not possible to do better than quote Dr. Cunningham: “A proof of the wisdom of the measure seems to lie in the fact that we have no complaints as to these restrictions in the Act or proposals for amending the clauses, but that, on the contrary, there was, on more than one occasion, a demand that it should be rigorously enforced, so that the industrial system of the country should be really reduced to order.”[19] For more than two centuries, without amendment, the Act remained in force; and while it lasted it provided at least the possibility for the adequate training and supervision of the youth of the country.
These two centuries constitute the second stage in the history of boy labour regulation. From a superficial point of view there appears no essential difference between this period and the preceding. In the first apprenticeship was enforced through the action of the gilds, in the second by special legislative enactment. In either case apprenticeship was, for all practical purposes, compulsory; but here the similarity ends.
Under the régime of the gilds apprenticeship was enforced, but in addition its conditions were determined by a careful system of regulation. The gild, an association representing the three classes concerned—masters, journeymen, apprentices—supervised the industrial organization in the interests of all alike. In the best days of the gilds the trade, as a whole, inspected the workshops; the trade, as a whole, watched over the training of the youth; the trade, as a whole, so fixed the number of those entering, that at the conclusion of the apprenticeship there was room in the ranks of the skilled artisan for those who had learned their craft.
During the disintegration of the gilds, this second factor gradually disappeared. The Statute of Apprentices did indeed make apprenticeship compulsory, but provided no efficient system of regulation. Measures were frequently advocated and occasionally embodied in Acts for determining the proportion of apprentices to journeymen, but never proved effective. We see gradually emerging the struggle between the conflicting interests of those engaged in production. A seven years’ apprenticeship, enforced by law, gave the employers a source of cheap labour, and we begin to hear complaints that the number of apprentices was unduly multiplied and that boys were taking the place of men. To what extent this practice prevailed it is not easy to ascertain; but there is no question that, at any rate among one class of apprentice—the pauper apprentice—abuses were grave and frequent.
The whole story of the pauper apprentice forms an ugly episode in the industrial history of the period. The Statute Book is punctuated with frequent allusion to his unfortunate lot, coupled with proposals for reform, for the most part ineffective. As already mentioned, the overseers had large powers of compulsorily apprenticing the children of the poor. A sum was paid to the employer, the lad handed over, and no steps taken to guard his well-being or guarantee his training. It was inevitable that under conditions such as these abuses should occur. The employer found himself provided with a continual supply of lads, bound to serve him until the age of twenty-one, or sometimes twenty-four; he was not troubled by visits of inspectors; he could use them as he pleased. The luckless apprentices were herded together in overcrowded and insanitary dwellings; they were overworked and underfed; they learned no trade, and were regarded as a cheap form of unskilled labour. If they misbehaved themselves the justices of the peace would punish them; if they ran away the law would see to it that they were returned to their masters; if they complained of ill-treatment there was no one to substantiate the charge. Whole trades seemed to have flourished by exploiting the parish apprentices; and not infrequently the overseer, himself an employer, made a comfortable profit out of their misfortunes.[20] In his “History of the Poor Law” Sir G. Nicholls summarizes the legislation on the subject.[21] With the rapid increase in the number of paupers at the close of the eighteenth century these evils multiplied, and to an increasing extent engaged the public attention.
If one class of apprentice was thus exploited, it is difficult to resist the conclusion that, in a less degree, others suffered in a similar way. Compulsory apprenticeship, without effective regulation, brought with it the danger of compulsory servitude. The State was conscious of the danger, and duties of supervision were laid on the justices of the peace. The State was likewise conscious of the value of apprenticeship, and gave much attention to the subject. A Commission of Charles I. dealt with the problem, while an Act of James I. was concerned with the misuse of apprenticeship charities, which led to children being brought up in idleness, “to their utter overthrow and the great prejudice of the commonwealth.”[22] But legislation proved incapable of preventing evils which increased rapidly as the years went by. From the standpoint of the boy the second period, whose characteristic was compulsion without supervision, was distinctly inferior to the first, when the gilds regulated the affairs of the trade for the common good. But if the apprenticeship system was weakening and abuses on the increase, an effective training was always possible. The small master still remained, there was still the call for the all-round craftsman, and the huge changes in methods of production, that were destined to appear later, still lay in the mists of the future.
III.
The Industrial Revolution.
It was the invention of the steam-engine and the consequent introduction of machinery that ushered in the period of the industrial revolution. In the trades affected the consequences were immediate, profound, and disastrous for boys, journeymen, and small masters alike. “On the whole, machinery rendered it possible in many departments of industry to substitute unskilled for skilled labour.”[23] In branches of certain trades boys took the place of men. “Under the new conditions (of calico-printing) boys could be employed in what had been hitherto the work of men; so that, in the introduction of machinery, complaints began to be made by the journeymen as to the undue multiplication of apprentices. There was one shop in Lancashire where fifty-five apprentices had been working at one time and only two journeymen; it was obvious that under such circumstances the man who had served his time had very little hope of obtaining employment.”[24] A system of compulsory apprenticeship, under such conditions, was exploited for the benefit of the employer, and led inevitably to the injury of the boy. The latter was bound and could not escape, while the former could readily find an excuse for discharging an apprentice. Further, with the growing division of labour and the separation of boys’ work from men’s work, training became less easy. The boy was kept to a single operation, and when his time was up found no further call for his services. The position of the workmen in the trade appeared desperate. Owing to the competition of boys and the decrease in the demand for his skill, wages were rapidly falling, and at the same time the price of corn was rising by leaps and bounds. The small master, unable to compete with the cheapness of the machine-made goods, fared as badly as the journeyman. Both appealed to Parliament for redress, “usually demanding the prohibition of the new machines, the enforcement of a seven years’ apprenticeship, or the maintenance of the old limitation of the number of boys to be taught by each employer.”[25]
But appeals of this kind fell on deaf ears. The spirit of the age was against interference, and opposition to all form of regulation was rapidly growing. The Statute of Apprentices was disliked by the large employers, and an eager agitation began for its repeal. Though obsolescent, it was still sufficiently alive to be troublesome. A seven years’ apprenticeship, it was argued, was unnecessarily long; weaving, for example, could be learnt in two or three years. A Commission was appointed to consider the question, and the large employers pointed out “that the new processes could be learnt in a few months instead of seven years; and that the restriction of the old master craftsman to two or three apprentices apiece was out of the question with the new buyers of labour on a large scale.”[26] In the House of Commons “Mr. Sergeant Onslow urged the repeal of the Act, and remarked that ‘the reign of Elizabeth was not one in which sound principles of commerce were known.’ The true principles of commerce (said another M.P.) appeared at that time to be misunderstood, and the Act in question proved the truth of this assertion. The persons most competent to form regulations with respect to trade were the master manufacturer, whose interest it was to have goods of the best fabric, and no legislative enactment could ever effect so much in producing that result as the merely leaving things to their own courses and operations.”[27] The skilled craftsmen, on the other hand, petitioned in favour of compulsory apprenticeship. But in the growing enthusiasm for the theory whose sole tenet lay in the belief that the haven of prosperity lay in the mid-ocean of uncontrolled liberty, all pleas in favour of regulation were treated with contempt. The famous Chalmers, speaking of the Statute of Apprentices, declared that “this law, so far as it requires apprenticeship, ought to be repealed, because its tendency is to abolish and to prevent competition among workmen.”[28]
In the year 1814 the Statute of Apprentices was repealed;[29] and with its repeal the State washed its hands of all responsibility for the well-being of the youth of the land. Henceforth things were to be left “to their own courses and operations.” It is no doubt true that there remained the “Health and Morals of Apprentices Act,” passed in 1802; this Act prescribed certain conditions as to hours of work and sanitation. But the Act in itself was utterly “ineffective,”[30] and for all practical purposes employers were unfettered in their use or misuse of children.
There remained one more blow to be struck before the condition of the boy touched the lowest level of misery reached in the whole history of this country; and it was soon struck with that relentless vigour which marked the actions of the reformer in those times.
After the repeal of the Statute of Apprentices there was for the lad no sort of legal guarantee of training, no kind of State supervision over his conduct; he could work how and when it pleased him or his parents. But the Poor Law Amendment Act of 1834 made it necessary for him to work how and when it pleased his employer, and took from him all possibility of effective choice. This Act abolished the allowance system in aid of wages. Salutary and even necessary as some reform of the kind was, in the particular way in which it was carried out it fell with crushing force on the unfortunate children. Hitherto parents could receive so much per child out of the rates; from henceforth this was to be illegal. Wages indeed rose, but rose slowly and in patches. The earnings of the child were required to make existence even possible for the family. A foreign and impartial student of English affairs has made this truth abundantly clear: “Even granted that the labourer himself now needed no allowance, what had he in place of the allowance for his family and the out-of-work relief? Something in place of these he must have, for even labourers’ families must live.... What was the way out? The labourer must sell more labour power; and since his own was already sold, he must put that of his family upon the market. This was how the problem of the married man was solved.... We have already seen that the expansion of the gang system took place mainly after 1834; it appears that the exploitation of child-labour and women’s labour is the main characteristic of the period between the Poor Law and the Education Acts. When Dr. Kay was examined before the Lords’ Committee on the Poor Law Amendment Act, he described the astonishment of travellers at the number of women and children working in the fields, and traced their increased employment to the Poor Law. In his own words: ‘The extent of employment for women and children has most wonderfully increased since the Poor Law came into operation. It has had that effect by rendering it necessary that the children should be so employed in order to adjust the wages to the wants of the family....’ And a country clergyman gave expression to similar views in 1843: ‘By these allowances their children were not then obliged, as now, to work for their subsistence. Their time was at their own disposal; and then they were sent more regularly to the schools. But since the new Poor Law this has been reversed.’”[31]
Those persons who nowadays talk genially of the ease with which the new Poor Law was enforced, would do well to remember that the ease was purchased at the high price of the physical and moral deterioration of the children. Chalmers had got his way, there was now free competition among the workmen; and free competition among the workmen meant then, as it has always meant since, the unregulated slavery of the weak.
With the repeal of the Statute of Apprentices and the passing of the Poor Law Amendment Act, the old apprenticeship system came to an end. No longer capable of being controlled in the common interests of the trade and the community, no longer capable of being enforced by statutory enactment, the apprenticeship system in its ancient form, though it might linger among certain industries, was destined slowly to disappear. We may regret its disappearance, as the vanishing of a fragment of an old-world life; but repinings are idle unless directed toward the search for some substitute adequate to the needs of the present.
