l were to have the force of acts of Parliament, yet not
to prejudice estates, offices, liberties, goods or lives, or repeal
existing laws; the cardinal constitutional rights were thus preserved,
even as against this royal aggression.

(1548) Under Edward VI and Elisabeth we may expect more enlightened
legislation, and are not disappointed. Indeed, no one can read the
statutes of the great queen without seeing that modern times here
begin. Nevertheless, while trade is becoming free, labor is no less
severely, if more intelligently, regulated. We first note a short
but important statute touching victuallers and handicraftsmen, worth
quoting in part: "Forasmuche as of late dayes divers sellers of
vittayles, not contented withe moderate and reasonable gayne ...
have conspyred and covenanted together to sell their vittels at
unreasonable price; and lykewise Artyficers handycrafte men and
laborers have made confederacyes and promyses and have sworne mutuall
othes, not onlye that they shoulde not meddle one withe an others
worke, and performe and fynishe that an other hathe begone, but also
to constitute and appoynt howe muche worke they shoulde doe in a daye
and what bowers and tymes they shall work, _contrarie to the Lawes and
Statutes of this Realme_" (It is extraordinary how closely this old
statute sets forth some practices of the modern trades-union.) "Everie
person so conspiring covenantinge swearing or offendinge ... shall
forfeyt for the firste offence tenne pounds ... or twentie dayes
ymprisonment" with bread and water; for the second offence, twenty
pounds or the pillory, and for the third offence forty pounds, or the
pillory and lose one of his ears. After that he is to be taken as a
man infamous and his oath not to be credited at any time, and if
there be a corporation of dealers in victuals or of handicraftsmen so
conspiring, it shall be dissolved--the origin and precedent of the
Sherman Act! This, of course, is the statute which Herbert Spencer
cites as making a "third conviction for joining a trades-union
punished with loss of an ear"; but he places the date at 1535 instead
of 1548. The statute, however, goes on to provide absolute freedom of
employment or trade for all skilled mechanics in any town, although
not freemen thereof, whether they dwell there or not, any town or
guild by-law to the contrary notwithstanding; so that this important
statute may be said to establish the most enlightened view that there