Our woollen manufacturers have been more successful than any other class of workmen in persuading the legislature that the prosperity of the nation depended upon the success and extension of their particular business.They have not only obtained a monopoly against the consumers by an absolute prohibition of importing woollen cloths from any foreign country, but they have likewise obtained another monopoly against the sheep farmers and growers of wool by a similar prohibition of the exportation of live sheep and wool.The severity of many of the laws which have been enacted for the security of the revenue is very justly complained of, as imposing heavy penalties upon actions which, antecedent to the statutes that declared them to be crimes, had always been understood to be innocent.But the cruellest of our revenue laws, I will venture to affirm, are mild and gentle in comparison of some of those which the clamour of our merchants and manufacturers has extorted from the legislature for the support of their own absurd and oppressive monopolies.Like the laws of Draco, these laws may be said to be all written in blood.
By the 8th of Elizabeth, c.3, the exporter of sheep, lambs, or rams was for the first offence to forfeit all his goods for ever, to suffer a year's imprisonment, and then to have his left hand cut off in a market town upon a market day, to be there nailed up; and for the second offence to be adjudged a felon, and to suffer death accordingly.To prevent the breed of our sheep from being propagated in foreign countries seems to have been the object of this law.By the 13th and 14th of Charles II, c.18, the exportation of wool was made felony, and the exporter subjected to the same penalties and forfeitures as a felon.
For the honour of the national humanity, it is to be hoped that neither of these statutes were ever executed.The first of them, however; so far as I know, has never been directly repealed, and Serjeant Hawkins seems to consider it as still in force.It may however, perhaps, be considered as virtually repealed by the 12th of Charles II, c.32, sect.3, which, without expressly taking away the penalties imposed by former statutes, imposes a new penalty, viz., that of twenty shillings for every sheep exported, or attempted to be exported, together with the forfeiture of the sheep and of the owner's share of the ship.The second of them was expressly repealed by the 7th and 8th of William III, c.28, sect.4.By which it is declared that, "Whereas the statute of the 13th and 14th of King Charles II, made against the exportation of wool, among other things in the said act mentioned, doth enact the same to be deemed felony; by the severity of which penalty the prosecution of offenders hath not been so effectually put in execution: Be it, therefore, enacted by the authority aforesaid, that so much of the said act, which relates to the ****** the said offence felony, be repealed and made void."The penalties, however, which are either imposed by this milder statute, or which, though imposed by former statutes, are not repealed by this one, are still sufficiently severe.Besides the forfeiture of the goods, the exporter incurs the penalty of three shillings for every pound weight of wool either exported or attempted to be exported, that is about four or five times the value.Any merchant or other person convicted of this offence is disabled from requiring any debt or account belonging to him from any factor or other person.Let his fortune be what it will, whether he is or is not able to pay those heavy penalties, the law means to ruin him completely.But as the morals of the great body of the people are not yet so corrupt as those of the contrivers of this statute, I have not heard that any advantage has ever been taken of this clause.If the person convicted of this offence is not able to pay the penalties within three months after judgment, he is to be transported for seven years, and if he returns before the expiration of that term, he is liable to the pains of felony, without benefit of clergy.The owner of the ship, knowing this offence, forfeits all his interest in the ship and furniture.The master and mariners, knowing this offence, forfeit all their goods and chattels, and suffer three months'
imprisonment.By a subsequent statute the master suffers six months' imprisonment.
In order to prevent exportation, the whole inland commerce of wool is laid under very burdensome and oppressive restrictions.It cannot be packed in any box, barrel, cask, case, chest, or any other package, but only in packs of leather or pack-cloth, on which must be marked on the outside the words wool or yam, in large letters not less than three inches long, on pain of forfeiting the same and the package, and three shillings for every pound weight, to be paid by the owner or packer.It cannot be loaden on any horse or cart, or carried by land within five miles of the coast, but between sun-rising and sun-setting, on pain of forfeiting the same, the horses and carriages.The hundred next adjoining to the sea-coast, out of or through which the wool is carried or exported, forfeits twenty pounds, if the wool is under the value of ten pounds; and if of greater value, then treble that value, together with treble costs, to be sued for within the year.The execution to be against any two of the inhabitants, whom the sessions must reimburse, by an assessment on the other inhabitants, as in the cases of robbery.And if any person compounds with the hundred for less than this penalty, he is to be imprisoned for five years; and any other person may prosecute.These regulations take place through the whole kingdom.
