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The Wealth of Nations
sue in any court of record. Both these regulations, though they
have been confirmed by a public law of the kingdom, are evi-
dently dictated by the same corporation-spirit which enacted the
bye-law of Sheffield. The silk-weavers in London had scarce been
incorporated a year, when they enacted a bye-law, restraining any
master from having more than two apprentices at a time. It re-
quired a particular act of parliament to rescind this bye-law.
Seven years seem anciently to have been, all over Europe, the
usual term established for the duration of apprenticeships in the
greater part of incorporated trades. All such incorporations were
anciently called universities, which, indeed, is the proper Latin
name for any incorporation whatever. The university of smiths,
the university of tailors, etc. are expressions which we commonly
meet with in the old charters of ancient towns. When those par-
ticular incorporations, which are now peculiarly called universi-
ties, were first established, the term of years which it was necessary
to study, in order to obtain the degree of master of arts, appears
evidently to have been copied from the term of apprenticeship in
common trades, of which the incorporations were much more
ancient. As to have wrought seven years under a master properly
qualified, was necessary, in order to entitle my person to become a
master, and to have himself apprentices in a common trade; so to
have studied seven years under a master properly qualified, was
necessary to entitle him to become a master, teacher, or doctor
(words anciently synonymous), in the liberal arts, and to have
scholars or apprentices (words likewise originally synonymous) to
study under him.
By the 5th of Elizabeth, commonly called the Statute of Ap-
prenticeship, it was enacted, that no person should, for the future,
exercise any trade, craft, or mystery, at that time exercised in En-
gland, unless he had previously served to it an apprenticeship of
seven years at least; and what before had been the bye-law of many
particular corporations, became in England the general and pub-
lic law of all trades carried on in market towns. For though the
words of the statute are very general, and seem plainly to include
the whole kingdom, by interpretation its operation has been lim-
ited to market towns; it having been held that, in country villages,
a person may exercise several different trades, though he has not
served a seven years apprenticeship to each, they being necessary
for the conveniency of the inhabitants, and the number of people
frequently not being sufficient to supply each with a particular set
of hands. By a strict interpretation of the words, too, the opera-
tion of this statute has been limited to those trades which were
established in England before the 5th of Elizabeth, and has never
been extended to such as have been introduced since that time.
This limitation has given occasion to several distinctions, which,
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Adam Smith
considered as rules of police, appear as foolish as can well be imag-
ined. It has been adjudged, for example, that a coach-maker can
neither himself make nor employ journeymen to make his coach-
wheels, but must buy them of a master wheel-wright; this latter
trade having been exercised in England before the 5th of Eliza-
beth. But a wheel-wright, though he has never served an appren-
ticeship to a coachmaker, may either himself make or employ jour-
neymen to make coaches; the trade of a coachmaker not being
within the statute, because not exercised in England at the time
when it was made. The manufactures of Manchester, Birming-
ham, and Wolverhampton, are many of them, upon this account,
not within the statute, not having been exercised in England be-
fore the 5th of Elizabeth.
In France, the duration of apprenticeships is different in differ-
ent towns and in different trades. In Paris, five years is the term
required in a great number; but, before any person can be quali-
fied to exercise the trade as a master, he must, in many of them,
serve five years more as a journeyman. During this latter term, he
is called the companion of his master, and the term itself is called
his companionship.
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 re-
deemed by paying a small fine. In most towns, too, a very small fine
is sufficient to purchase the freedom of any corporation. The weav-
ers of linen and hempen cloth, the principal manufactures of the
country, as well as all other artificers subservient to them, wheel-
makers, reel-makers, etc. 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 is, in Scotland, a common term of apprenticeship, even
in some very nice trades; and, in general, I know of no country in
Europe, in which corporation laws are so little oppressive.
The property which every man has in his own labour, as it is the
original foundation of all other property, so it is the most sacred
and inviolable. The patrimony of a poor man lies in the strength
and dexterity of his hands; and to hinder him from employing
this strength and dexterity in what manner he thinks proper, with-
out injury to his neighbour, is a plain violation of this most sacred
property. It is a manifest encroachment upon the just liberty, both
of the workman, and of those who might be disposed to employ
him. As it hinders the one from working at what he thinks proper,
so it hinders the others from employing whom they think proper.
To judge whether he is fit to be employed, may surely be trusted
to the discretion of the employers, whose interest it so much con-
cerns. The affected anxiety of the lawgiver, lest they should em-