l Masons that come to them are to be punished by imprisonment
and fine"--an excellent example of the kind of statute which led to
the doctrine that trades-unions were forbidden by the common law of
England.
(1427) The next year the attempt to fix wages by law is again
abandoned, and they are to be fixed by the justices, "because Masters
cannot get Servants without giving higher Wages than allowed by the
Statute."
The exact time of the appearance of the modern corporation has been
a matter of some doubt. Its invention was probably suggested by the
monastic corporation, or the city guild. This whole matter must be
left for a later chapter, but we must note the phraseology of a
statute of Henry VI in 1426, which speaks of "Guilds, Fraternities,
and other Companies corporate," and requiring them to record before
justices of the peace all their charters, letters-patent, and
ordinances or by-laws, _which latter must not be against the common
profit of the people_, and the justices of the peace or chief marshal
are given authority to annul such of their by-laws as are not
reasonable and for the common profit--the fountain and origin of a
most important doctrine of the modern law of restraint of trade and
conspiracy.
(1444) Servants in husbandry purposing to leave their masters were
required to give warning by the middle of the term of service so that
the "Master may provide another Servant against the End of his Term."
Again a maximum price is fixed for the wages of servants, laborers,
and artificers: the common servant of husbandry, fifteen shillings a
year, with money for clothing, eleven shillings; and women servants
ten shillings, with clothing price of four shillings, and meat and
drink. But winter wages are less and harvest wages more than in
summer; and men who refuse to serve by the year are declared
vagabonds.
(1450) John Cade was attainted of treason, and in 1452 comes the
famous statute giving the chancellor power to issue writs of
proclamation against rioters or persons guilty of other offences
against the peace, with power to outlaw upon default, quoted by
Spence[1] as the foundation of the practice of issuing injunctions
to preserve the peace, now bitterly complained of by Mr. Gompers and
others; and it is most noteworthy as sustaining this adverse view
that the Statute of Henry VI itself makes special exception, "That no
Matter determinable by the Law of this Realm shall be by the same Act
determined
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