The Protection of Stocking Frames, etc. Act 1788 (
28 Geo. 3. c. 55) was an
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
passed by the British Government in 1788 and aimed at increasing the penalties for the deliberate disruption of the activity of mechanical knitting machines (
stocking frame
A stocking frame was a mechanical knitting machine used in the textiles industry. It was invented by William Lee of Calverton near Nottingham in 1589. Its use, known traditionally as framework knitting, was the first major stage in the mechan ...
s).
Contents
Section one of the Act made failure to return frames that had been hired from their owner punishable with a fine, whilst section two made unlawfully disposing of hired frames punishable with imprisonment, and section three made the purchaser equally culpable if he or she knew the frames were not the property of the seller.
The final (and most strongly worded) section of the Act, section four, made the outright destruction of the frames a felony punishable by 7 to 14 years transportation.
The Act also included the same penalty for entering by force with the intent to destroy frames or their associated paraphernalia.
It was established in later case law that theft of items integral to the correct functioning of the machines (even if they were not damaged) was sufficient to meet the threshold for the Act.
The Act described itself as a response to the malicious theft of frames, and the propensity for "discontents ... and other disorderly persons
ohave assembled in a riotous and tumultuous manner and have destroyed or materially damaged great numbers of stocking frames".
Daniel Coke
Daniel Parker Coke (17 July 1745 – 6 December 1825), was an English barrister and Member of Parliament.
Early life
Coke was the only son of Thomas Coke (1700–1776), a barrister, and his wife, Matilda Goodwin (1706–1777). He belonged ...
, Member of Parliament for Nottingham, spoke on behalf of the bill in the Commons, citing disturbances in the town and pointing to previous legislation aimed at similar disruption in the wool trade. Coke originally proposed that machine-breaking carry the death penalty,
but was later forced to abandon this, seeing the request "overwhelmingly rejected" by Parliament.
The Act was eventually passed and received
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on 25 June 1788.
Significance
Later Acts, such as the
Destruction of Stocking Frames, etc. Act 1812, temporarily allowed judges to administer the death penalty for the crime of damaging frames,
citing the "ineffectual" nature of the lesser punishments set out in section four of the 1788 Act.
Section four of the 1788 Act was officially repealed by the
Capital Punishments, etc. Act 1823 (
4 Geo. 4. c. 46),
which, whilst not removing the possibility of transportation, gave judges additional room to sentence offenders to alternative punishments such as imprisonment.
See also
*
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
*
Luddite
The Luddites were a secret oath-based organisation of English textile workers in the 19th century who formed a radical faction which destroyed textile machinery. The group is believed to have taken its name from Ned Ludd, a legendary weaver s ...
References
{{Reflist
External links
Full text of the statute
Great Britain Acts of Parliament 1788
1788 in economics