16th January 1816: The Leeds Cloth Dressers Union case comes to court

On Tuesday 16th January 1816, the case of the Union Officers arrested and charged with aiding and abetting an illegal combination (i.e. Trade Union) by Leeds Magistrates in December was heard at Leeds Borough Quarter Sessions. The Leeds Mercury of 20th January 1816 gave a good summary of the proceedings:

TILLOTSON, SUNDERLAND, & OTHERS, Appellants, REX, Respondent. 

The Appellants, who are cloth-dressers, were convicted on Tuesday, the 19th of December last, by Whittell York, Esq. Mayor, and Thomas Ikin, Esq. on a charge of combining to hinder Messrs. Oates and Hardisty, cloth-merchants, of this town, from employing Thomas Marshall, as a cloth-dresser. Mr. Williams, who came from Preston for the purpose of sustaining the appeal, had been especially retained by the Appellants at a very considerable expence. His assistance, however, turned out to be unnecessary, as Mr. Maud, who was Counsel in support of the Conviction, stated to the bench that it was impossible the conviction could be legally sustained, as the Magistrates before whom the the conviction had taken place had no jurisdiction in the case, the act having especially provided, "that no Justice, being a master in any trade or manufacture, concerning which any offence is charged to have been committed should act in execution thereof." On this ground Mr. Maud said, the conviction must necessarily be quashed, for if that Court should affirm it, the Court of King's Bench would, would, under the circumstances of the case set such conviction aside. He concluded with moving that the conviction be quashed, to which the Court of course assented.—Conviction quashed.

30th December 1815: Leeds Cloth Dressers' Union Secretary writes a corrective letter to the Leeds Mercury

Following the report of his arrest in the 23rd December 1815 edition of the Leeds Mercury, John Sunderland - the Secretary of the Cloth Dressers' Union (or 'Brief Institution') - wrote to the paper, who published the letter on Saturday 30th December 1815:

TO the EDITOR of the LEEDS MERCURY.

SIR,— I beg that you will correct a Paragraph in your last Paper, by the Insertion the following Statement:—On Monday Night, the Eighteenth Inst. John Sunderland, Clerk to the Cloth Workers’ Brief Institution, was apprehended in the Act of reading a Letter, paying the Sick, &c. and himself and Twenty-Four other Persons searched, along with Five Women, who were applying for Relief for their Sick Husbands. At the same Time the Books and Papers were seized, and all taken away. John Sunderland and others were immediately conveyed to the Black Lion, Mill-Hill, at Nine o'Clock, and there remained till Two the next Day in the Afternoon, without being examined by any Magistrate. The said John Sunderland, Joseph Tillotson, William Anderson, William Hampshire, and Samuel Wheatley, after being examined, were held to Bail, for persuading Thomas Marshall, (the Informant,) to leave his Employers, Messrs. Oates and Hardisty, contrary to the Statute in that Case made and provided.

I am, Yours, &c. 

J.S.

29th December 1815: Manchester Magistrates request troops due to worries about Calico weavers

My Lord,

In the efforts recently made by the master calico printers in this neighbourhood to resist the unlawful combinations which have so long and so injuriously prevailed amongst the journeymen, we find, from respectable representations, some reason to apprehend the latter may resort to plans of intimidation, either by destroying machinery where it is employed, or by other outrages of a similar tendency. The printing establishments are chiefly in the immediate vicinity of Manchester, Bury, Burnley, Blackburne, Clitheroe, Chorley and Stockport―

It is naturally the wish of the masters to be enabled to repel with effect, any attempts of the above description, and as their works are all within the range of thirty miles from Manchester it is conceived a sufficient force (about four troops) of cavalry stationed at the barracks there, for a few weeks, would fully answer the end.

Circumstances may render it expedient due to dispatch a portion of the proposed military aid to situations where, no violent proceeding has actually taken place, but where it appears to be threatened or meditated, and we beg leave to submit the propriety of directions to the officer in command at the barracks that he may not hesitate in attending to the request of the magistrate in cases of this nature. When we are honored with your Lordship’s sentiments we can if necessary communicate the same to acting magistrates near the several establishments we have mentioned. We are informed that only one troop of horse is now left at the Manchester Barracks.

we have the honor to be, My Lord,
Your Lordship’s most faithful obdt Servts

Ralph Wright
W Evans

New Bayley Court House
Manchr 29th Decr

To the Rt Honble Lord Sidmouth

18th December 1815: Cloth Dressers' Union Secretary arrested in Leeds

In the evening of Monday 18th December 1815 John Sunderland, the secretary of the Cloth Dressers' Union (or 'Brief Institution') was arrested in Leeds. The two local newspapers carried reports of the arrest.

From the Leeds Mercury of Saturday 23rd December:

On Monday night last, John Sunderland, Secretary of United Cloth-Dressers’ Society, was apprehended at a public-house in this town and committed to prison, on a charge of aiding and abetting an illegal combination for preventing the use of Machinery in the dressing of woollen cloth, and at the same time the papers of the Society were seized and inspected by the Magistrates. On the following day Sunderland and three other persons were held to bail to appear at the Quarter Sessions to answer to the said charge.

From the Leeds Intelligencer of Monday 25th December:

Monday last, five men, members of a Committee of Cloth-dressers, were convicted at our Rotation Office of having entered into an illegal combination for preventing or their fellow-workmen from following his trade, unless he paid the sum of five pounds, which this Committee thought itself entitled to demand of him. They have appealed to the Quarter Sessions. It might have been hoped that the awful example at York, would have been a sufficient warning to workmen of every description, of the danger of entering into illegal combinations. Though any Class of workmen may set out with a resolution not to give way to such daring acts of outrage, as drew down that terrible infliction of the law, they ought to be aware that, having once entered upon an unlawful career, it is impossible for them to foresee where the evil may terminate, and that, however guarded they may be in their proceedings, detection, must, sooner or later, overtake every deviation from that course which the laws of the land, as well as every principle of policy, of necessity, and of justice, have marked out. The object of dislike to the present combination, is that species of machinery, employed for the dressing woollen cloth, called Gig Mills. By this machinery, some are of opinion that the manufacture can be finished, at the same expence, in a style much superior, to that which the Cloth-Workers are either able or willing to affect by manual labour. Several manufacturers, therefore, exercising that opinion, (which is their undoubted right) have determined on employing such machinery. Against this system, it appears, the Cloth-Workers have combined; and having demanded, as we have above stated, five pounds from an individual who had worked with machinery in Ireland, before they would allow him to earn his subsistence here by his wonted avocation, he gave information of the system, and the Committee, with their books and papers, were taken into custody. An extensive correspondence and combination have in consequence been discovered. As the next sessions must determine the business, it would be improper here to dwell further on the subject.

20th June 1815: John Lloyd reports information about a Hatters' Union to the Home Office

Stockport 20th June 1815

Sir

At the last Chester assizes I was concerned professionally in a prosecution against a man of the name of Green for stealing Hats from his Master Mr. John Jackson a considerable Hat manufacturer in this Town and one George Pickford was a Witness for the prosecution — This hatter man and one Wm. Acton were the persons that first informed Mr. Jackson of the felony, and at the same time gave him reason to suspect a master-Hatter of the name of Richd Ardern of receiving the stolen Goods & encouraging such offences—William Henshall worked for Ardern as well as Thomas Bell the latter of whom was said to be privy to the Offences.―On the 15th Feby last Mr. Jackson took out a Warrant agt Ardern and Bell—the latter absented himself, &, there not being sufficient Evidence to fix the former, he was released & the next day he (Ardern) appealed to the Justice & obtained a Warrant against the Witnesses Acton & Pickford for threats sworn by sd Wm. Henshall to have been suffered by them agt the Life of Ardern on the monday before which was the day they had given Information of the felony – But this fact they must positively deny — No threats were ever made. This has been carried a little further, & they have since sworn to an actual Assault, & indicted Acton & Pickford at the Sessions which immediately succeeded the Assizes.

Pickford as I observed was examined on the Trial of Green who was convicted — and in the course of the trial it came out that the Journeyman Hatters of this Town had assembled in congress (as it is so called by them) on the 20th Feby a day or two after the commitment of Green and had imposed a fine of five guineas upon Pickford for giving the Information to the master of the robbery; which induced the Court to make a strict Enquiry as to the nature of such Congress and the animadvert upon the it in the strongest terms

Mr Sergt Marshall who presided for the Atty Genl, and Chief Justice, expressed a hope that some Evidence might be procured & steps taken to suppress such dangerous & illegal proceedings — This day has brought me to the sd Acton & Pickford to the Office, who having to defend themselves from on the Charge of the assault imputed to them by the Indictment, have declared all the circumstances concerning the Congress which has been taken upon oath & is to the Effect following —

That any Journeyman Hatter (Pickford & Acton amongst the rest) were warned or summoned to the Townhouse for 7 oClock on the 20th Feby — where a committee was formed out of the Body consisting of above a dozen Journeymen whereof the said William Henshall was the president and John Knight Wm. Hodgkinson and Joseph Birkett and John Swindells were members — The Copies of Examinations were produced & read by by John Wood and read aloud first by sd Joseph Birkett & afterwards by John Shore and after some deliberation which Pickford & Acton were not allowed to be present at, they were called in and a paper was read to them by Thomas Oldham to the following purport

"George Pickford & Wm Acton must pay five Guineas each before they hat any more all be stood by—" (the meaning of the last Expression was sufficiently understood by them to be that no one was to be suffered to work with them or the masters to employ them). They accordingly raised the money that night & paid it, part of it to Joseph Birkett remainder to the Inn Keeper of a public house the next night for Liquor which all the Journeymen partook of except Pickford & Acton & a scene of the greatest riot drunkenness & confusion ensued on this occasion – Acton is a poor man and was under the necessity of borrowing the money which he had to stop from the maintenance of his family by 10 [shillings] per week The Stewards assembled the congress and ordered the spending of the money. There are 3 stewards who have each a Key of the Turn-house Box, in which the papers are deposited — The acting Steward was sd Joseph Birkett

A Petty Congress was afterwards held at which the Journeyman Hatters were ordered to contribute 6 [pence] per week each Green & his Wife the former had 6 [shillings] a week in Prison & the latter 14 [shillings] per week to hire upon — and this they forced Pickford & Acton to contribute to under threats of fines ― Acton sent his money to the Stewards every Saturday night at the Turn house by one Saml. Parr, a Journeyman, And that they contributed in like manner to the Journeyman Calico Printers lately when they turned out against the masters—

The manner in which Congress is assembled they represent to be by a Note written by a Steward (supposed to be Birkett) which is handed to the 1st Shop and from thence it is taken by a workman of that shop to the next & so on (under a fine for any delay) till it gets to the last shop in the district & this last carries it to the Steward at Congress when assembled ― And this you will please to observe in general throughout the Kingdom — a Journeyman not attending forfeits 5 [shillings]/3 [pence] to be spent in liquor for the first 7 shops—

A Petty Congress is composed of one Journeyman from each Shop who is summoned by name & for non attendance forfeits 2 [shillings]/6 [pence] – If a Journeyman refuses to pay any fine – He is declared foul & no one is to work with him work with him; & if the master shod employ him, after he  has been declared so — The whole Shop ‘turn out’ or ‘strike’ & refuse to work for that master—

Thus an Individual Master is intimidated from making his complaint, & there is not unfortunately sufficient of Union amongst them to crush the Evil — and I am therefore induced to trouble you at the instance of Mr Jackson, who is obliged to remain in the back ground in this business, in the hopes that you will allow Mr. Serjeant Marshall to confer with the Attorney and Solr General with a view to making it a public Concern — or at least allow us to have the sanction of the Government in our legal proceedings to suppress the Confederacy either by Indictment for a Conspiracy or otherwise – and particularly be aided with some power, if the 39th & 40th of the King (the Combination Act) does not provide it, in making the seizure of their Books and papers — At all events you will be pleased to excuse me troubling you with so long a Letter upon the Subject

I have the honor to be
Sir

Your very obedient
humble Servant

J Lloyd

[Home Office note: desire Him to collect all the Evidence He can that is likely to lead a Conviction and transmit it to Mr Hobhouse

— It is not legal to seize Papers under the 39 & 40th of the King — but if they can be got at in any other way it might be desirable — Lord S. leaves this however to Himself.]

20th December 1814: Lancashire Calico Masters call for the disbanding of the Journeymen's Union

Dog-Tavern, Manchester, 20th Dec. 1814.

TO THE JOURNEYMAN CALICO PRINTERS, CUTTERS, AND DRAWERS.

AN ADDRESS from the MASTER CALICO PRINTERS in Lancashire and the Counties adjacent, approved of at a General Meeting held here this day.

THE Masters sincerely regret, that the conciliatory sentiments which they earnestly submitted to the Journeymen, by the printed Resolutions of the 22d March last, were not embraced; and, that the recent proceedings of the latter evince a determination to carry their unnatural system of controul to every possible extent.

If the blind selfishness of this spirit were not checked, the ruin of those who act upon it, as well as of their employers, must be the certain result — The trade itself would be forced into those countries where combinations do not exist, and where it will be left to the natural and genial influence of freedom.

It is notorious, that foreign competition is daily gaining ground; and if the English Printers remain inactive, or are not permitted the free exercise of their own discretion, they and the articifers they employ, with their numerous families, depending upon this branch of business, will inevitably become martyrs to the unlawful and extravagant claims and restrictions of the Journeyman, whilst others are enjoying the fruits of that ingenuity, and of those exertions, to which the establishment and improvement of the trade are so essentially indebted.

Under the increased and increasing pressure of these evils, the Masters were impelled to associate. They know that the interests of themselves and their servants are completely identified. They seek no reduction in the established rate of wages, and they are perfectly disposed to give employment to such of the Journeymen as are desirous of conducting themselves faithfully, and of submitting to the conditions which are indispensable to the well-being and prosperity of all trade. If any individuals yet obstinately refuse, their object will be decided, and they must sustain the consequence. The services of such men cannot be of any value, and they will not afterwards be accepted.

The CONDITIONS alluded to are these, viz.

They are to withdraw themselves entirely from all combinations to controul or restrict their employers, and engage not to be concerned in them for the future. They are to do all such work as may be offered to them in their several capacities, without attempting to interfere as to the kind or number of hands employed, or the machines used; they are to conform to the rules prescribed for the preservation of order and regularity in the works of their masters. They are to be subject to abatements for spoiled or imperfect work, not exceeding in any case the wages paid for the work done upon goods so damaged, except only in evident instances of malicious or wanton injury. And they are also, before they can be received, to sign a declaration in the form subjoined:

"I, A.B. do hereby declare, that I do not, nor will hereafter, belong to any combination, which has for its object the controul or restriction, in any way whatever, of my employers, in the free exercise or management of their business, nor will I, individually, attempt any such controul or restriction, but will, to the best of my ability, do such work as may be offered to me, in my capacity of <blank> during my service with <blank> and in all other respects conduct myself faithfully therein."

27th October 1814: The Home Secretary tells the Earl of Lonsdale of plans to break the Calico Printers Union

Copy.

Confidential.

Richmond Park,
Octr. yr. 27th 1814.

My dear Lord,

I am much obliged to your Lordship for your letter of ye 25th – Of the Combination you mention I have long been apprized. Three active members of it were apprehended at Glasgow, about a month ago, thro’ the Vigilance and Activity of the Sheriff of Renfrew; and no doubt is entertained of their being convicted. Copies of the Papers found upon them were sent to me; &, by means of the Information thus afforded, very important Information has been obtained.

The immediate Object of the Combination, is to dictate the Rate of Wages; and it comprehends the Calico Printers, and Weavers, of Glasgow, Manchester, Blackburn, &c. & of Dublin. Persons of that Description at Carlisle are deeply engaged in it; & it is material that Great Caution should be observed in seeking for Information there, as the Excitement of Alarm would destroy the means, which we now possess of obtaining Intelligence from that quarter.―Nothing can be better arranged, than that the Information, procured by the Gentleman to whom your Lordship has adverted, should be transmitted to Sir James Graham, & by him forwarded to me.—

The Attorney General is out of Town; but the Solicitor General is to be at the Home Office tomorrow, as I wish to consult Him as to the Course to be pursued. I incline to think, but more Rope must be given: but I am satisfied, that, in the ensuing Session, the Interference of Parliament will be indispensably necessary.—

Believe me
Sidmouth

[To] The Earl of Lonsdale
&c &c &c

7th July 1814: George Coldham updates the Home Office on the conviction of the FWK Union officers

Nottm 7th July 1814.

Dear Sir,

In consequence of the hurry occasioned to me personally by many circumstances connected with Conviction of George Gibson & Thomas Judd two of the Committee of the existing Combination amongst the Frameworknitters I was not enabled to write to you yesterday to inform you of their Conviction. On Tuesday Evening late the Magistrates heard their Cases the third Person implicated in these Charges Samuel Simpson not having been apprehended & they convicted them both upon the Evidence of William Robinson the Warehouseman of Messrs Ray & Joseph Brookhouse Frameworknitter working for Mr Ray who had been employed by the Committee in collecting for receiving Money of the said Joseph Brookhouse for these illegal Purposes. As this was the first Prosecution under the Combination Act it was not thought politic to push the Conviction up to the full Extent the Law would have warranted either on the part of the Prosecution or the Magistrates & they were accordingly sentenced to 1 months Imprisonment to hard Labour. in the House of Correction. The papers are undergoing Examination & the Committee to whom I am Secretary would be glad to know whether Government or Lord Sidmouth would wish to see the originals in short have any Opinion to express respecting the Disposal of them. I do not think we have all the Papers belonging to this Society but what we have will enable a pretty good Guess to be formed of the Extent of their present Funds.

I hope a great Deal of good has been Done altho’ the Combination does not yet seem prepared to dissolve itself.

I am dear Sir

Yours very truly
Geo Coldham

[To John Beckett]

28th March 1814: The Rev WR Hay tells the Home Office that Master Printers are scared to act against the Union

(Private)

Ackworth 28 March (Eveng) 1814.

Dear Sir,

Having written the only official answer which it is in my power to give to your letter of the 14th instant, I think it right privately to enclose an extract of such part of Mr. Evans’s letter to me, this day received, as refers to the subject of Lord Sidmouth’s enquiry, & to transmit some particulars connected with it.

In immediate answer to my letter, Mr. Evans (who was convening the Magistrates, & had sent a copy to the Sollicitor for the Master Printers) held out little prospect of any advantage to be expected. This was no surprise to me, as I had occasion to be aware the difficulties might occur in respect to the procuring information.

I will now state to you as surely as I can what had passed on the subject prior to my writing to Lord Sidmouth.

The Magistrates in Sessions, before whom the rules were laid, thought them of too serious a complexion, more especially after all they had witnessed, not to be sent to Government. This Order was unanimously made.

The Master Printers hearing of the determination of the Sessions, seemed pleased with what we had resolved on; and, by their Sollicitor, intimated to me that they were ready to communicate with me on the subject, if I wished it. I instantly fixed the time, & met them—After hearing the state of the combination & other particulars my advice was given as strongly as I could present it, that without loss of time, & laying aside all minor considerations, they should proceed to put down the combination, then sufficiently strong, but which would every hour become more formidable, for that delay and indecision must operate in favour of the men, & against the masters—Their sollicitor was a strongly of the same opinion. I found however (as is too often the case) that present advantages were an obstacle to some of the masters. In fact, they were unanimous as to the grievance; but not united as to the mode of resistance, if any were to be made. A Plan they had; not strictly legal perhaps; but under the circumstances probably justifiable. I proposed that, whatever plan they might think proper to pursue, they should instantly by delegation from their own body inform Government of the combination; because the question was too general in its bearing to be considered merely as respecting their own branch of trade. They stated to me some of the instances of outrage, & from what passed, I had every reason to believe that they would furnish me with a summary of several grievances already experienced by the masters; some of which, as I have stated, were the subjects of conversation. I called for this whilst I was in Manchester—On not receiving it, I requested that it might be sent after me; stating to the Sollicitor that I would withhold my letter to Government for some days, that I might have an opportunity of receiving it: but none came—I therefore could no longer delay writing on my instructions from the Sessions.

Amongst many other grievances was one which I conceive Mr Evans to refer. A Gentleman (whether or no he had been in the trade I am not sure, tho I believe he had) went to dine with a Master Printer. The journeyman heard of it. They insisted to the master that his guest should leave his house—a considerable parley ensued; and it was not till after a thorough explanation of the relation of the parties, an assurance that the guest was not in the situation of a master printer, and that his visit had nothing in its object that respected their trade—that he was suffered to remain.

In another instance a roller for the purpose of printing was in use at some extensive works. The men insisted that, inasmuch as that roller was not made by such persons, & under such circumstances as they approved, it should not be used—The master remonstrated; and, with apparent firmness; but at length he judged it prudent to give up the roller—The men, not satisfied with this, would not continue to work for him (or, probably has the term is, would have declared him in a state of blockade) unless he pay the expenses of the combination: £1.16. 0—this he did,—and I have since been informed that some other demand for expenses was insisted upon and paid.

These would have been two of the cases furnished by me. I need not state to you how important they are. When the Masters with the law in their hands dare not put it into force, the case is very serious. The evil complained of is vital - it will roll through every branch of trade; ultimately it may reach even the interior of private families.

I must request that this letter be considered as private; to be communicated only to Lord Sidmouth. As such I find it necessary to write it. Tho it may contain more perhaps than I have permission to communicate officially, it may be useful to his Lordship by way of explanation, and in respect of my brother magistrates & myself may operate so far as to protect us from censure.

I am, Dear Sir,
Your faithful & obedient humble serv.
William Robert Hay.

To
John Beckett Esqr &c &c

14th March 1814: The Home Office ask The Rev Hay for more information on a North West Printers Union

Sent to
Revd. W. R. Hay
Ackworth
near Pontefract

W.H. 14th of March 1814

Sir

A copy of your letter

Lord Sidmouth having directed a reference to be made to the Attorney & Solicitor General on the Subject of the “Rules for the conducting of the Union Society of Printers Cutters & Drawers in Lancashire Cheshire Derbyshire &c" which you transmitted to His Lordship in your letter of the 20 of last month—I have received His Lordship’s directions to acquaint you that the Law Officers have reported that the articles entered into are illegal by the Statute of 39. & 40 Geo: 3. Ch: 106

The object of these articles is to prevent the masters from using machinery by agreement of the workmen who are parties to the articles not to work for such masters; & also to prevent the workmen from working in certain sorts of work described in some of the different Clauses of the  Articles.

This is a combination for controlling & affecting persons who carry on the Trade or business, & as such is illegal, & any of the persons who can be proved to be members of the Society or to have subscribed their money for the purposes of the Combination are guilty of an offence for which they may be convicted—as however no facts are stated as to any particular case the Law Officers cannot point out on which peculiar Branch of the act any individual should be prosecuted, the peculiar offence meant to be charged on any Individual must depend on the specific facts which can be brought home to him; and the Law Officers are further of opinion that when sufficient evidence can be procured of the Society acting upon the principle of these articles the persons who can be proved to be parties to such acts will be very fit subjects for prosecution.

Under these circumstances it would be very desireable that the magistrates should take measures for ascertaining who are the Individuals composing the Society in question, and that sufficient evidence should be procured so as to bring fact home to one or more of the parties of their being members of the sd. Society or of their having subscribed money for the purposes set forth for in the Rules, in order that a case should may be made out for immd. prosecution; and as soon as you the Magistrates have collected any Information on which they conceive a prosecution may be instituted, Lord Sidmouth requests that it may be transmitted to Him for His information with as little delay as possible.

Case.

Lord Sidmouth having received from the Magistrates assembled at the last Salford Sessions a Printed Copy of certain Resolutions which have been lately published at Manchester entitled ‘Rules for the conducting of the Union Society of Printers, Cutters, and Drawers in Lancashire Cheshire Derbyshire &c.  has directed the Solicitors of the Treasury to submit the same to the Attorney and Solicitor General and Consult them as to,

How far it would be proper to constitute any legal Proceedings against them.?

We are of opinion that the articles entered into are illegal by the Statute of 39 & 40 Geo 3. ch 106.—

The object of these Articles is to prevent the masters from using machinery by agreement of the Workmen who are parties to the Articles not to work for such masters, and also to prevent the workmen from working in certain sorts of work described in some of the different clauses of the Articles. This is a combination for controlling and affecting persons who carry on the trade or business, and as such, is illegal, and any of the persons who can be proved to be members of the Society or to have subscribed their money for the purposes of the Combination, are guilty of an Offence for which they may be convicted. As we have no facts stated to us as to any particular case, we cannot point out on which peculiar branch of the Act any individual should be prosecuted, the peculiar offence meant to be charged on any Individual must depend on the specific facts which can be brought home to him; and we think when sufficient evidence can be procured of the Society acting upon the principle of these articles the persons who can be proved to be parties to such acts will be very fit subjects of prosecution.

W Garrow
S: Shepherd

Lincolns Inn
11th March 1814

15th February 1814: Government legal advice on workers organisations in Nottinghamshire

Further Case 

Since the inclosed Opinion of the Attorney and Solr General was given on the 22nd of December last one of the Tickets or Diplomas alluded to in the 12th Article has been obtained It bears a Coat of Arms which are stated to represent an Union of Ireland Scotland Nottinghamshire Derbyshire Leicestershire & Yorkshire with a Loom and by way of Crest & Arm holding a Hammer (which was the Implement principally used last year by the Nottinghamshire Framebreakers) and the Motto says Taisez vous. Another Copy of the printed Articles has also been obtained from Mansfield in Nottinghamshire.—

As it appears by the Articles that a General Meeting was to be held in May last Enquiry has been made relative to it and also for further General Information respecting the Societies and the following is the result of those Enquiries—

"There are at Nottingham about 20 Societies many of them consist of more than an hundred Members each some of a smaller number—The Business transacted before the General Members professes to have for its object the ensuring to them Employment at what they call fair prices The Societies hire all the unemployed Frames and engage all the Work they can which they let out to their Members but to no other person If a member has Employment elsewhere with which he is dissatisfied the Society make him a weekly allowance until he finds better Employment either from the Society or other persons. When the Funds of the Society exceed a certain sum the surplus is sent to what my Informant calls the Head Committee which he believes to be in London. The Officers of the Society sometimes retire into a Room apart from the General Meeting Room to transact Business. My Informants Society have paid out of their Funds the expences of defending Criminal Prosecutions against its Members but he understands this has been objected to by other of the Societies—New Tickets have been issued to the Members in the stead of those which I gave you [the one above alluded to] one—In the new ones the material alteration is the omission of the Arms which it was understood had caused some suspicion—These Societies consist (as you may suppose) principally of desperate Characters who express themselves very freely—The General Conference was held in May last at Nottingham but my Informant does not know the Business of it—"

Lord Viscount Sidmouth has directed the Opinion of the Attorneys and Solicitor General to be taken.— 

How far they consider these Societies to be a fit subject of Criminal Prosecution. And what directions they think necessary to be given with the view of procuring additional Information as to the real object to which the Articles relate?—

We think the Constitution of these Societies, each of which has a president and other officers; as connected together, first, by the central Committee, and then again by a superior head or executive Committee are illegal by the 39th. Geo 3rd: C.79; for the whole Class of Societies taken together thro’ the medium of these connecting links form one Society of which the minor Societies are branches, or divisions, or parts, "which in a manner act separately from each other; and have each a separate and distinct President and Secretary. This Constitution is one prohibited, and enacted to be an unlawful combination and confederacy, whatever may be the professed or real object of such Society." 

But tho’ this illegality in the constitution of the Societies may be fairly inferred from the Article stated, and the account given by the Informant; yet it would not be right to institute any prosecution against any of the members as being guilty of an unlawful Combination and Confederacy, unless we were assured of some regular chain of Evidence proving positive facts of the actual conduct of the Societies in their connection each with the other, and of their acting together in pursuance of the Articles so as to form one whole body, composed of various parts, constituted by the different Societies. The Statement is at present vague and great part of it from the Information of others, and not from the actual knowledge of the person communicating his Information. 

It would be very desirable, if any persons could be found who becoming members of one or two of these minor Societies, could ascertain that the articles are read and adopted by them, that they do depute Members or each a Member to the Central Committee, that the head or Executive Committee takes upon itself the ordering the funds of the minor Societies, or in other words that the regulations pointed out by the articles are acted upon in each of those Societies one of which the party to be charged is a Member. It would indeed be necessary to ascertain what facts could be positively proved before we could advise a prosecution, which if successful would be beneficial, but which if defeated might increase the mischief intended to be obviated

W Garrow
S: Shepherd
Linc. Inn Feb. 15. 1814.

8th December 1812: An illustration of how the anti-combination laws worked

The Times law reports of Wednesday 9th December 1812 carried an example of how the anti-combination laws worked where workers had effectively organised in their workplaces:

COURT OF KING'S BENCH, December 8.
The King v. Collin, and Thirty-four Others.

This was an indictment charging the Defendants, who are journeyman curriers, with a conspiracy to raise their wages. The conspiracy was proved against eleven of them, who had struck for an advance of wages on the 10th of March last, and had subsequently been supported out of a fund provided by the journeyman for that purpose; but it appearing that they had returned to their duty seven or eight weeks ago, it was agreed on the suggestion of Lord Ellenborough, that a verdict of guilty should go against these eleven persons, with an understanding that they should not be brought up for judgment, except in the event of the conspiracy breaking out again.

2nd November 1812: 'Combination among Journeymen' - Scottish workers prosecuted for organising

The Leeds Intelligencer carried this story about the State's response to workers organising in Scotland

Combination among Journeyman.—A prosecution was lately brought at Kelso before the Justices of the Peace of the County of Roxburgh, at the instance of the Procurator Fiscal, against a number of journeymen Shoemakers, for having entered into a combination for regulating the wages to be paid by the masters. It appeared that such a combination had been entered into—that money was subscribed and collected for the members who refused to work below the wages fixed by the society, and for the support of their families—that they were connected with similar societies at a distance, both in England and Scotland— that when any of the journeymen belonging to such societies left their place of residence, on being refused the wages they demanded, they were furnished with tickets, entitling them to support from the societies in the towns they went to, so long as they remained out of work, and in the case of prosecutions being brought against them for their conduct as members of such societies, relief was to be afforded them from other societies with whom they were connected, to enable them to pay the fines expences incurred. In a Court holden on the 9th ult. four of the defendants, namely, William Lillie, John Ormston, Alex. Buchan, and John Bell, being found guilty, were committed to the county gaol for 14 days. John Pringle another of the offenders, had absconded, and has not since been heard of. The Justices, on pronouncing judgement, pointed out the illegality of such combinations and the bad effects of them even to the delinquents themselves, and at times intimated, that should a similar instance again come before them, they would inflict a more severe punishment.