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 pur chase 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, &c. may exercise their trades in any town cor porate, without paying any fine. In all towns corporate, all persons are free to sell butchers' meat upon any lawful day of the week. Three years are, in Scot land, a common term of apprenticeship, in some very nice trades; and, in general, there is no country in Enrope, in which corporation laws arc so little oppressive. In France the duration of apprenticeships is different in different towns, and in dif ferent trades. In Paris, 5 years are the term required in a great number ; and before any person can be qualified to ex ercise the trade as a master, he must, in many of them, serve 5 years more as a journeyman. During this latter time, he is called the companion of his master, and the term itself is called his companionship. The institution of long apprenticeships, says Dr. Smith,can give no security that in sufficient workmanship shall not frequent ly be exposed to sale ; nor has it any ten. dency to form young people to industry. Apprenticeships were altogether un known to the ancients : the Roman law is perfectly silent with regard to them. There is no Greek or Latin word, which expresses the idea we now annex to the word apprentice.
Longapprenticeships are altogether tin. necessary. The arts, which are much su perior to common trades, such as those of making clocks and watches, contain no such mystery as to require a long course of instruction. In the common mechanic trades, the lessons of a few days might certainly be sufficient. The dexterity of hand, indeed, even in common trades, can. not be acquired without much practice and experience. But a young man would practise with much more diligence and at. tention, if,from the beginning, he wrought as a journeyman, being paid in proportion to the little work which he could execute, and paying, in his turn, for the materials which he might sometimes spoil through awkwardness and inexperience. His edu cation would generally in this way be more effectual, and always less tedious and ex pensive. The master, indeed, would be a loser; he would lose all the wages of the apprentice, which he now saves for seven years together. In the end, perhaps, the apprentice himself would be a loser ; in a trade so easily learnt he would have competitors ; and his wages, when he came to be a complete workman, would be much less than at present. The same increase of competition would reduce the profits of the masters, as well as the wages of the workmen : the trades, the crafts, the mysteries, would all he losers; but the public would he a gainer, the work of all artificers coming in this way much cheaper to market.
We cannot conclude this article better, than by inserting an admirable paper on the subject of apprentice laws, drawn up, and printed for private circulation, by a gentleman of high legal authority, and member of parliament, entitled " A few Opinions of some great and grind Men, and sound Lawyers, on the Apprentice Laws of Queen Elizabeth. applicable to the dt.ra of 1806-7.— Lord Mansfield, in his arguments on the case, Rcnnard and Chase, brewers. 1
Bur. Rep. p. 2, says, " It hath been well observed that this act (vit. 5 Eliz. chap. 4.) is, 1. A penal law.
2. It is a restraint on natural right.
3. It is contrary to the general right given by the common law of this kingdom.
4.. The policy upon which this act was made is from experience become doubt ful. Bad and unskilful workmen are rare ly prosecuted. This act was made early in the reign of Queen Elizabeth, when the great number of manufacturers, who took refuge in England after the duke of Alva's prosecution, had brought trade and com merce with them, and enlarged our no. t ions. The restraint introduced by this Jaw was thoug-ht unfavourable ; and the judges, by- a liberal interpretation, have extended the qualification for exercising the trade much beyond the letter of it, and confined the penalty and prohibition to cases precisely within the express letter." Burn's Justice, i. Art. ..kpprentices.
3d Modern Reports, p. 317. Judge Dol ben, in delivering his opinion, said, that " No encouragement was ever given to prosecutions upon the statute 5 Eliz. and that it would be for the common good, if it were repealed; for no greater punish ment can be to the seller, than to expose to sale goods ill-wrought, for by such means lie will never sell more." 2 Salk. 613. The Queen v. Maddox.— It was held by the court, " that upon in dictments upon the statute of 5 Eliz. the following of' a trade for seven years to be sufficient withotit any holding; this being a hard law." And so held in Lord Ray mond, 738.
Burn's Justicc.—" So detrimental was this statute thought, that by 15 Car. II. all persons spinning, or maki lig cloth of hemp or flax, or nets for fishing, or %Orin, or cordage, might exercise those trades with ont serving apprenticeships. And so little did the legislature, at subsequent periods, think that any benefit was to be derived from the statute of 5 Eliz. or that manu factures were made better, or improved by this restraint ; and the minds of men being more libeml, that trade should, as much as possible, be flung open; it is enacted by 6 and 7 William III. that any apprentice discovering-two persons guilty of' coining, so as they arc convicted, shall be deemed a freeman, and may exercise his trade as if he had served out his time." And, in order still stronger to sliew how little the legislature esteemed the seven years binding ameliorated manufactures, it is enacted, by 3 George Ill. cap. 8, that "All officers, marines, and soldiers, who have been employed in his majesty's service, ancl not deserted, may exercise such trades as they are apt for, in any town or place." So dangerous and fatal has been the evil of combinations and conspiracies among journeymen, that in particular instances, as in trades where many hands are re quired and very little skill, as dy-ei ng, and such like, the legislature have made ex press laws to give relief to masters. See 17 Geo. III. cap.33.; u-hich enables dyers, in Middlesex, Essex, SuiTey, and Kent, to employ journeymen who have not served apprenticeships. And to such a pitch has this mischief in the West Riding of York shire increased, by the conspiracies facili tated by- the act of 5 Eliz. that it goes to the total annihilation of our staple manu factures, and every other trade which hopes for success, not only by the hoine, but from foreign consumption. See the report from the cominittee of the House of Commons, on the woollen trade and manufacture of these kingdoms, made in the last session of parliament, 4th July, 1806.