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Master and servant acts, the cornerstone of English employment law for more than four hundred years, gave largely unsupervised, inferior magistrates wide discretion over employment relations, including the power to whip, fine, and imprison men, women, and children for breach of private contracts with their employers. The English model was adopted, modified, and reinvented in more than a thousand colonial statutes and ordinances regulating the recruitment, retention, and discipline of workers in shops, mines, and factories; on farms, in forests, and on plantations; and at sea. This collection presents the first integrated comparative account of employment law, its enforcement, and its importance throughout the British Empire.

Sweeping in its geographic and temporal scope, this volume tests the relationship between enacted law and enforced law in varied settings, with different social and racial structures, different economies, and different constitutional relationships to Britain. Investigations of the enforcement of master and servant law in England, the British Caribbean, India, Africa, Hong Kong, Canada, Australia, and colonial America shed new light on the nature of law and legal institutions, the role of inferior courts in compelling performance, and the definition of "free labor" within a multiracial empire.

Contents

Acknowledgments

Note on Citations

1. Introduction — Douglas Hay and Paul Craven

English Origins

Taking Statutes Seriously

Labor and the Law in the Older and Newer British Empires: An Outline

Free Labor and Unfree Labor

Uses of the Law

An Example: The Cape Colony

Enforcement, Repression, and Resistance

Master and Servant as Imperial Law

2. England, 1562-1875: The Law and Its Uses — Douglas Hay

The Law to the Eighteenth Century

Enforcement by the Magistracy before the Eighteenth Century

Parliament and the Judges to 1823

Enforcement in the Eighteenth and Nineteenth Centuries

Written Contracts and Testimonials

Magisterial Justice and the Growing Taint of Criminalization

The Judges and an Increasingly Oppressive Legal Regime

The Last Years

3. Early British America, 1585-1830: Freedom Bound — Christopher Tomlins

The Chesapeake: Virginia and York County

New England: Massachusetts and Essex County

The Delaware Valley: Pennsylvania and Chester County

Postscript

4. Law and Labour in Eighteenth-Century Newfoundland — Jerry Bannister

Master-Servant Relations in a Fishing Society

The Development of Naval Government

The Newfoundland Law of Master and Servant

The District Courts: A Case Study of Trinity, 1760-1790

Contextualizing Labor Disputes and Court Actions

Paternalism Reconsidered

Conclusion

5. Canada, 1670-1935: Symbolic and Instrumental Enforcement in Loyalist North America — Paul Craven

Atlantic Canada

Quebec

Ontario

The West

Conclusion

6. Australia, 1788-1902: A Workingman's Paradise? — Michael Quinlan

Employment Regulations in the Australian Colonies: An Overview

Assisted Immigrants and Indentured Non-European Labor

Coverage, Penalties, and Procedure

Due Process and the Magistracy

Patterns of Use and Resistance

Conclusion

7. The Colonial Office, 1820-1955: Constantly the Subject of Small Struggles — M. K. Banton

The West Indies and Africa in the Early Nineteenth Century

The Origins and Consequences of Cape Legislation

An Alternative Model: The Gold Coast, 1877

West Indian Reform

Reform Frustrated: The Colonial Labour Committee

Managing the "Primitive" Worker

The ILO: Abolishing the Relic of Slavery

Conclusion

8. The British Carribbean, 1823-1838: The Transitionfrom Slave to Free Legal Status — Mary Turner

Reforming the Slave Labor Laws, 1823-1833

Defining Labor Laws for Free-Status Workers, 1833-1838

9. Urban British Guiana, 1838-1924: Wharf Rats, Centipedes, and Pork Knockers — Juanita De Barros

Postslavery Labor Law: The Nineteenth Century

Pressures for Change in the Twentieth Century

The Logic of Labor Law and Labor Markets

Evidence of Enforcement

10. South Africa, 1841-1924: Race, Contract, and Coercion — Martin Chanock

Passes

Master and Servant Law: Content and Interpretation

The Political Ecology of Labor Law

Conclusion

11. Hong Kong, 1841-1870: All the Servants in Prison and Nobody to Take Care of the House — Christopher Munn

The Political Economy of Master and Servant in Hong Kong

The Servant's Interest

The Master's Sanctions

Regulation and Registration

Conclusion

12. Britain: The Defeat of the 1844 Master and Servants Bill — Christopher Frank

13. India, 1858-1930: The Illusion of Free Labor — Michael Anderson

The Labor Market and New Employment

Discipline and Advances

Penal Contracts in the Workplace

Judicial Construction of a Working Class

Towards a Formally Free Labor Market

Conclusion

14. Assam and the West Indies, 1860-1920: Immobilizing Plantation Labor — Prabhu P. Mohapatra

Indentured Labor and the Plantation System

Penal Contract Legislation in Assam and the West Indies

Enforcing the Penal Contract

Enforcement in Assam

15. West Africa, 1874-1948: Employment Legislation in a Nonsettler Peasant Economy — Richard Rathbone

Labor and Its Regulation

16. Kenya, 1895-1939: Registration and Rough Justice — David M. Anderson

Master and Servants Legislation in Kenya, 1985-1923

Overlapping Legislation, 1910-1939

Prosecution and Punishment

Discussion

Bibliography of Secondary Works Cited

Contributors

Index of Statutes

General Index

What's in a name? Think Cheltenham Road, Bristol, circa 1984. I'll say no more.

This album has been produced using only FOSS.

Henry Snowstorm gets the party started

therefore consider seriously what you ought to doe in this cause, now is the time to break the neck of tyranny, which if you do not, be sure that Tyranny will breake your neckes one day, because you had him in your power, and did not break his neck. I would not have you kill Tyrants, for then you might kill your selves, but first destroy tyranny in your selves, and then in others: first doe such things your selves, as you would have others to doe, for he that bids me do, and doth the good he bids, he leads me to the substantive, and leaves me not in quid.

Tyranipocrit Discovered, 1649

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This is a comparative study of the role of English and French towns in feudal society in the middle ages. Professor Hilton challenges the view that 'a town is a town wherever it is', and takes issue with the perception of the medieval town as a harbinger of capitalism.

Differences between English and French feudalism are taken into account; but these differences, as well as those between English and French medieval towns, existed within sufficiently similar cointexts to justify the kind of comparison pioneered by Marc Bloch in his Seigneurie française et manoir anglais. Medieval France was much larger than medieval England, and contained a far larger number of towns. French town populations were bigger than those in England, although it is possible that England had a higher proportion of small market towns. Comparisons are made between the feudal presence within the towns of both countries, and between their urban social structures. Conflicts arising from urban demands for freedom and autonomy are examined, together with frictions between various levels of society, such as mercantile elites, craft masters, journeymen, the unskilled and marginals. Finally, the mercantile domination of English town governments is contrasted with tht acquired by lawyers and officials in late medieval French towns — the 'trahesion de la bourgeoisie', as one French historian has described it.

In bringing together much material which dissolves old categories and simplifications in the study of medieval towns, Professor Hilton provides an important new perspective on medieval society and the nature of feudalism.

Contents

Preface

Introduction

England and France: a useful comparison?

The town and feudalism: preliminary definitions

A town is a town wherever it is?

What was feudalism?

Urban classes — a preliminary view

The feudal presence in towns

Towns in the transition from anient to feudal society

Small towns as feudal foundations

The feudal element in bigger towns

Urban social structures

Small towns

Larger towns

The artisans

Urban rulers

How urban society was imagined

The ideology of the orders

Urban society within the system of orders

Urban perceptions of the system of orders

Civic ceremony

'Gladman's insurrection'

Urban communities and conflict

Communes and borough franchises

Revolts against taxation

Artisan protest and political faction

Common rights

Masters and journeymen

Conclusion

Bibliography

Index

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From the 16th to the 19th century, Moslem corsairs from the Barbary Coast ravaged European shipping and enslaved many thousands of unlucky captives. During this period, however, thousands of Europeans also converted to Islam and joined the pirate "holy war". Were these men (and women) the scum of the seas, apostates, traitors — "Renegadoes"? Or did they abandon and betray Christendom as a praxis of social resistance?

Peter Lamborn Wilson focuses on the corsairs' most impressive accomplishment, the independent pirate republic of Salé, in Morocco, in the 17th century. Corsairs, sufis, pederasts, "irresistable" Moorish women, slaves, adventurers, Irish rebels, heretical Jews, British spies, a Moorish pirate in old New York, and radical working class heroes all populate a book which intends to entertain and to make a point about insurrectionary communities.

Contents

I Pirate and Mermaid

II A Christian Turn'd Turk

III Democracy by Assassination

IV A Company of Rogues

V An Alabaster Palace in Tunisia

VI The Moorish Republic of Salé

VII Murad Reis and the Sack of Baltimore

VIII The Corsair's Calendar

IX Pirate Utopias

X Afterword: A Moorish Pirate in Old New York

Bibliography