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Combination Laws

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COMBINATION LAWS, the name given to the British acts of 1799 and 1800, which made trade unionism illegal. Previously combinations of journeymen had oniy been illegal when, as was frequently the case, Parliament has passed special legislation dealing with the organization of the trade, and jour neymen's combinations could reasonably be regarded as attempts to interfere with operation of a particular statute. Combina tions of workmen to secure the enforcement of such laws (which generally included provisions for the fixing of wage rates) were indeed permissible, and petitions from such combinations were frequently accepted by Parliament throughout the first three quarters of the i8th century. Parliament in addition passed from time to time laws forbidding combinations in particular trades: in i800, according to Whitbread, there were 4o such acts. But towards the end of the i8th century, judges began to declare that trade unions were also illegal at common law: and this opinion, together with skilful pressure by employers, led in 1799 to the passing of the first Combination act, which was hurried through all its stages in no more than 24 days. The vigorous protests that it aroused secured the passing of a second Act in 1800, but the modifications secured were trifling.

The law, as finally amended, sentenced to three months in gaol or to two months' hard labour any working man who combined with another to gain an increase in wages or a decrease in hours, or who solicited anyone else to leave work, or objected to work ing with any other workman. The sentence was to be given by two magistrates and appeal was forbidden unless "two sufficient sureties in the penalty of i2o" were given, which was the more improbable as anyone contributing to the expenses of a person convicted under the Act would be fined iio, and the recipient another is. The removal of a conviction by certiorari was for bidden, and defendants could be forced to bear witness against each other. Other clauses forbade employers' combinations, but these were never in any recorded case put into operation. Despite, however, the attractive nature of this act, the employers and the Government often preferred to proceed by means of the law against conspiracy, trade unionism being now officially an offence. Thus in 1818 at Bolton two secretaries and the president of a union were sentenced to two and one years of imprisonment respectively for "conspiracy" in calling and attending a meeting of operatives on the request of the employers. In Ireland, ac cording to the evidence given in 1824, the punishments inflicted included public whippings.

The laws were repealed in 1824 as a result of the patient in trigue of the radical tailor, Francis Place (q.v.), acting through Joseph Hume, M.P. The repealing bill attracted little attention, and the Prime Minister, though he supported it, later declared he was ignorant of its contents. The repeal was followed by a rush of strikes and in 1825 an attempt was made to re-impose the Acts. This was frustrated by Place's persistent wirepulling and agitation, and the final Act of 1825 differed very little from the plain repeal of 1824. The whole story is told by Place, prob ably with a bias in his favour, in his mss. in the British Museum (Add. mss. 27798-9).

See

also S. and B. Webb, History of Trade Unionism 0898, latest ed. 102o) ; R. W. Postgate, The Builders' History (1923) • G. Wallas, Life of Francis Place (1925). (k. W . P.)

combinations, trade, act, employers and acts