After stating the above, let us qnote the words of the immortal Lord Chief Justice Coke on this point.—"That, at the com mon law, no man could be prohibited from working in any lawful trade: for the law abhors idleness, the mother of all evil —Odom ()minim vitiorum mater--and espe cially in young men, who ought in their youth (which is their seed time) to learn lawful sciences and trades, which are pro fitable to the commonwealth, whereof they might reap the benefit in their old age : for idle in youth, poor in age'." And therefore the common law abhors all monopolies, which prohibit any from working in any lawful trade. And that appears in 2 Hen. V. 5 b. A dyer was bound not to use the dyer's craft for two years : and there Judge Hall held, "that the bond was against the common law : and by G--d, if the plaintiff was here, he should go to prison till he paid a fine to the king." And vide 7 Edw. III. 65 b. " And, if lie who takes -upon himself to work is unskilful, his ignorance is a suffi cient punishment to him, for imperitia est maxima mecanicorum pima ; et quilibet rit gm:Vibes ark peritos which is, that want of skill is the greatest punishment of mechanics ; for every body will employ those that are the best skilled in their bu siness.' And if any one takes upon him self to work, and spoils it, an action on the case lies against him." II aving observed thus much, and stated the opinions of two such great men as Lord Coke and Lord Mansfield, we can only add one dixit of Lord Coke's, that " acts of parliament, which are made against the freedom of trade, mcrchandiz ing, handicrafts, and mysteries, never live long." 4th Inst. 31.
It is to be observed that this very great check upon trade, by not being able to employ any hand;that are able to perform the work required, and especially in those trades which are so easily learnt in a very short space of time, greatly enhances the prices ofall articles, and that at atime when population is daily increasing, and the de mand proportionably increasing. And this
statute is not only a restraining statute, but also an enabling statute, as it empow ers the workmen to enter into combina tions against their masters, and to dictate their own terms, encouraging vice, idle ness, and drunkenness ; demands being made on the masters for an increase of wages; those demands supported by dan gerous combi nations and conspiracies, and extorted by threats. And such increase, when obtained, not applied for the whole some purpose of supporting themselves and their families, but to that very de structive purpose, ruinous to their fami lies, and highly detrimental to the public at large, the enabling of the parties to spend more days of the week in idleness, drunkenness, vice, and immorality. In many manufactures, so much money is extorted by the journeymen, by. means of these combinations, from their employers, that the journeymen will work but three days in the week ; so that 600 are neces sarily required to do the work that 300 might do.
Until these laws, restricting the binding of apprentices, are repealed, all laws made for the prevention of combinations among workmen, can be of no avail, and will re main a dead letter in the law books: as in this free country, (however that freedom may be limited as to the checking of mas ters binding apprentices), no law on this point can be so worded, that the art, wick edness, and ingenuity of men, will not contrive to defeat. A bad and absurd law is made, viz. the " Apprentice Act," which, by the extension of trade, is found detri mental to trade; and then, to do away the mischiefs of that law, another absurd law is made, vir. the law to prevent combina tion,—so that mischief is heaped upon mischief, and absurdity upon absurdity. Trade should be as free as the air we breathe. This is an axiom, the truth of which every day convinces us.