HEMP, MANUFACTURERS OF HEMP, OR HEMP MIXED WITH WOOL, FUR, FLAX, MOHAIR OR SILK. 14 Geo. 3, c. 44. Appendix, p. 393. And see Factories, Hosiery, Ropeworks. HOSIERY. Persons engaged in the manufacture of woollen, worsted, linen, cotton, flax, mohair or silk materials in, on, or by the stocking frame, warp machine, or any other machine employed in the manufacture of framework, knitted or looped fabrics, and every trade, occupation, operation or employment whatsoever connected with or incidental to the manu facture of stockings, gloves and other articles of hosiery. 6 & 7 Vict. c. 40. Appendix, p. 445. Tickets of work (pursuant to 5 Geo. 4, c. 96, s. 18), 8 & 9 Vict. c. 77. Appendix, p. 514. HOTPRESSERS. See Dyers. HUSBANDRY, SERVANTS IN. See Artificers. Note.-1 & 2 Will. 4, c. 37, does not apply to servants in husbandry: see sect. 20, post, p. 423. KEFLMEN. LABOURERS. See Artificers, Bargemen. LACE. See Bone and Thread Lace Manufacturers. LEATHER-MANUFACTURERS OF LEATHER BREECHES, GLOVES, &c. 1 Ann. stat. 2, c. 18, made perpetual 9 Ann. c. 30. MINERS. See Artificers, Colliers. As to Women and Children employed in Mines, 5 & 6 Vict. c. 99, IN CORNWALL. 2 & 3 Vict. c. 58, s. 1. DEVON. 18 & 19 Vict. c. 32, s. 28. MOHAIR. See Hemp, Hosiery, Linen. PAPERMAKERS. 36 Geo. 3, c. 111, was repealed, 6 Geo. 4, c. 129. PITMEN. See Artificers, Colliers, Miners, Tinmen. POTTERS. See Artificers. PRINTWORKS, EMPLOYMENT OF WOMEN AND CHILDREN IN. 8 & 9 Vict. c. 29. 9 & 10 Vict. c. 18. 10 & 11 Vict. c. 70. RIGGERS. See Bargemen. ROPEWORKS. Certain Ropeworks Acts. SAILORS. SHIPWRIGHTS. Appendix, p. 493. Appendix, p. 504, note (x). declared not to be within the Factory 9 & 10 Vict. c. 40. Appendix, p. 458, note (t). See Bargemen. (The 13 Geo. 3, c. 68; 32 Geo. 3, c. 44, and 51 Geo. 3, c. 7, were repealed, 5 Geo. 4, c. 66). WEAVER'S TICKET OF WORK (pursuant to 5 Geo. 4, c. 96, s. 18). 8 & 9 Vict. c. 128. Appendix, p. 519. TAILORS. 7 Geo. 1, stat. 1, c. 12, ss. 4, 6, 9, 10. Rest repealed, 6 Geo. 4, c. 129. TINNERS IN THE STANNARIES. 20 Geo. 2, c. 19, post, p. 326. (See 27 Geo. 2, c. 6). 4 Geo. 4, c. 34, post, p. 332. Tow. See Hemp and Ropeworks. WATERMEN, THAMES. See Bargemen. WOOLLEN Hosiery. AND WORSTED MANUFACTURES. See Clothiers, Factory, 12 Geo. 1, c. 34, ss. 2 and 5. (13 Geo. 1, c. 23, was repealed, 3 & 4 Will. 4, c. 28). 22 Geo. 2, c. 27. Appendix, p. 381. 14 Geo. 3, c. 44. 15 Geo. 3, c. 14. 17 Geo. 3, c. 11. Cheshire. In the counties of York, Lancaster and 17 Geo. 3, c. 56. Appendix, p. 393. 22 Geo. 3, c. 40. INTRODUCTION. IN treating of the Law applicable to the relationship of Master and Servant as it exists in England at the present day, it seems to be unnecessary to enter into any discussion of the various opinions which have been expressed by different authors as to the first origin of that relationship (a); for since it is obvious that, in the complicated intercourse of modern society, a great proportion of the business of human life must be carried on through the instrumentality of others, and it is also clear that slavery does not now (b) exist, in any shape, in England, where every man is, and (according to that memorable sentiment expressed in the will of Alfred the Great) it is fit that every Englishman should ever remain, as free as his own thoughts, it seems to follow inevitably, not only that the relationship of master and servant must exist, but also that wherever it does exist in this country it must be by virtue of some agreement, either express or implied, between the parties. Puffendorf (c), too, refers its first origin to contract: he says, servitude is owing to the voluntary consent of the poorer and (a) The curious on this subject may consult Puff. de Jure Nat. ac Gent., lib. 6, cap. 3, where various opinions are discussed; and see Co. Litt. 116b; Bl. Com. vol. i. ch. 14; Encyc. Brit. tit. "Slavery." Grotius divides servitude into perfect and imperfect, and, amongst the latter, classes mercenarii:-" Inter quos," he says, "ii qui in Anglia apprentisii dicuntur durante disciplinæ suæ tempore, proxime ad servilem conditionem accedunt," lib. 2, cap. 5, sec. 30; and M. Barbeyrac, in his notes, refers to Thom. Smith de Republ. Anglic. lib. 3, cap. 10. (b) During the Anglo-Saxon times, slaves were one of the prin "the first rise of cipal English exports. Strabo, l. 4 p. 199 (ed. Paris, 1620); Barr. on Stat. 274; Russ. Mod. Eur., note to P. S. to Letter xx. Now, no action can be brought in England for the noncompletion of a contract for the purchase of slaves, even in Brazil, Santos v. Illidge, 28 L. J., C. P. 317. This case now stands over for judgment in the Exchequer Chamber. (c) Puff. lib. 6, cap. 3, sect. 4. Blackstone (vol. i. ch. 14), says "The relationship of master and servant is founded in convenience," and he evidently means, that convenience induces men to enter into the contract, whence the relationship arises. more helpless persons, and is founded upon that common form of contract--Do, ut facias." But, whatever its origin, servitude, in some shape or other, has clearly existed from the remotest antiquity; and without inquiring into the condition of the slave amongst the ancient Grecians and Romans, which might be considered irrelevant to the object more immediately in view in the following pages, it may be convenient to offer a few remarks upon the state of the slave, or vilein, in this country, whose condition had most of the incidents of slavery, and to trace the progress of English legislation with reference to that class of persons, commonly called servants and labourers, who in most respects supply the places formerly occupied by vileins, though their condition is far superior. Both among the German Saxons and among the AngloSaxons slaves or vileins were divided into two classes,-household slaves (d), after the manner of the ancients, and predial, or rustic, who were transferred like cattle with the soil (e); though there does not appear to have been much difference between the two as to their condition. The power of a master over his slaves appears not to have been unlimited among the AngloSaxons as it was among their ancestors. If a man beat out his slave's eye or teeth, the slave recovered his liberty; if he killed him, he paid a fine to the King, provided the slave died within a day after the wound or blow, otherwise it passed unpunished (f). Whether or not the feudal law had place at all among the Anglo-Saxons is a doubtful question (g); but its introduction does not appear to have ameliorated the condition of the slaves or vileins, except in so far as it tended to promote the civilization of their masters, who, as long as villenage lasted, had an (d) In Kent's Comm., Lec. 32, vol. ii. p. 204, it is said, that domestic slavery existed throughout the United States when they were colonies of Great Britain. "But," adds the learned author (p. 206), "after the era of our Independence the principles of natural right and civil liberty were better known and obeyed, and domestic slavery speedily and sensibly felt the genial influence of the Revolution." (e) See Hume's Hist. Engl. vol. i. chap. 3, App. 1; Spel. Gloss. Verb. Servus; Russ. Mod. Eur. part 1, Letter VIII. (f) Leges Elf. § 17. This seems to be borrowed from the Jewish law, Exod. xxi. 20, 21, 26, 27. (g) See Hume's Hist. Engl. vol. i. App. 2 to ch. 11; Hall. Mid. Ages, vol. i. ch. 2, p. 2; Encyc. Brit. tit. "Feodal System." almost absolute power over them. Their service was uncertain and indeterminate, such as their lord thought fit to require, or, as some old writers express it, they knew not in the evening what they were to do in the morning (h); they were bound to do whatever they were commanded. They were liable to beating, imprisonment, and every other chastisement which their lord might prescribe, except killing and maiming. They were incapable of acquiring property for their own benefit, except by their lord's sufferance or permission,-the rule being, quicquid acquiritur servo acquiritur domino (i). They were themselves the subject of property; as such, saleable and transmissible. If vileins regardant, they passed with the manor or land to which they were annexed, but they might be severed at the pleasure of the lord. If vileins in gross, they were hereditaments or chattels real, according to their lord's interest being descendible to the heir when the lord was absolute owner, and transmissible to the executor when he had only a term of years in him. Lastly, the slavery extended to the issue if both parents were vileins, or if the father only was a vilein; our law deriving the condition of the child from that of the father, contrary to the Roman law, in which the rule was, partus sequitur ventrem (k). Larceny could not be committed by taking and carrying away a vilein; "because," says Lord Coke, "they are in the realty" (1). It was, however, only in respect of his lord that the vilein, at least in England, was without rights (m). He might inherit, purchase, sue in the courts of law, if his lord did not interfere, and when sued as a defendant in a real action or suit wherein land was claimed, he might shelter himself under the plea of villenage. If left executor, his lord could not take from him what belonged to the testator, but the vilein might have an action against him for the same, and might recover both the goods and damages, which would, however, (h) Co. Lit. 116 b. (i) "Non potest aliquis" (says Glanvil)" in villenagio positus libertatem suam propriis denariis suis quærere, quia omnia catalla cujuslibet nativi intelliguntur esse in potestate domini sui." Lib. 5, cap. 5. The benevolence of lords, however, in many cases, allowed their vileins to acquire property (like the peculium of the Roman law), with which they purchased their enfranchisement. As to the present applicability of the maxim in the text, see post, p. 90. (k) See Lit. sect. 172, et seq., and Hargrave's famous argument in Somersett's Case, 20 How. St. Tr. 1. |