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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repealed； and Serjeant Hawkins seems to consider it as still in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repealed by the 12th of Charles II； c。 32； sect。 3； which；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ship。 The second of them was expressly repealed by the 7th and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which relates to the making the said offence felony； be repealed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not repealed by this one； are still sufficiently severe。 Besides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。
But in the particular counties of Kent and Sussex； the
restrictions are still more troublesome。 Every owner of wool
within ten miles of the sea…coast must given an account in
writing； three days after shearing to the next officer of the
customs； of the number of his fleeces； and of the places where
they are lodged。 And before he removes any part of them he must
give the like notice of the number and weight of the fleeces； and
of the name and abode of the person to whom they are sold； and of
the place to which it is intended they should be carried。 No
person within fifteen miles of the sea； in the said counties； can
buy any wool before he enters into bond to the king that no part
of the wool which he shall so buy shall be sold by him to any
other person within fifteen miles of the sea。 If any wool is
found carrying towards the sea…side in the said counties； unless
it has been entered and security given as aforesaid； it is
forfeited； and the offender also forfeits three shillings for
every pound weight。 If any person lays any wool not entered as
aforesaid within fifteen miles of the sea； it must be seized and
forfeited； and if； after such seizure； any person claim the same；
he must give security to the Exchequer that if he is cast upon
trial he shall pay treble costs； besides all other penalties。
When such restrictions are imposed upon the inland trade；
the coasting trade； we may believe； cannot be left very free。
Every owner of wool who carries or causes to be carried any wool
to any port or place on the seacoast； in order to be from thence
transported by sea to any other place or port on the coast； must
first cause an entry thereof to be made at the port from whence
it is intended to be conveyed； containing the weight； marks； and
number of the packages； before he brings the same within five
miles of that port； on pain of forfeiting the same； and also the
horses； carts； and other carriages； and also of suffering and
forfeiting as by the other laws in force against the exportation
of wool。 This law； however （1st William III； c。 32）； is so very
indulgent as to declare that； 〃This shall not hinder any person
from carrying his wool home from the place of shearing； though it
be within five miles of the sea； provided that in ten days after
shearing； and before he remove the wool； he do under his hand
certify to the next officer of the customs； the true number of
fleeces； and where it is housed； and do not remove the same；
without certifying to such officer； under his hand； his intention
so to do； three days before。〃 Bond must be given that the wool to
be carried coastways is to be landed at the particular port for
which it is entered outwards； and if any part of it is landed
without the presence of an officer； not only the forfeiture of
the wool is incurred as in other goods； but the usual additional
penalty of three shillings for every pound weight is likewise
incurred。
Our woollen manufactures； in order to justify their demand
of such extraordinary restrictions and regulations； confidently
asserted that English wool was of a peculiar quality； superior to
that of any other country； that the wool of other countries could
not； without some mixture of it； be wrought up into any tolerable
manufacture； that fine cloth could not be made without it； that
England； therefore； if the exportation of it could be totally
prevented； could monopolize to herself almost the whole woollen
trade of the world； and thus； having no rivals； could sell at
what price she pleased； and in a short time acquire the most
incredible degree of wealth by the most advantageous balance of
trade。 This doctrine； like most other doctrines which are
confidently asserted by any considerable number of people； was；
and still continues to be； most implicitly believed by a much
greater number… by almost all those who are either unacquainted
with the woollen trade； or who have not made particular
inquiries。 It is； however； so perfectly false that English wool
is in any respect necessary for the making of fine cloth that it
is altogether unfit for it。 Fine cloth is made altogether of
Spanish wool。 English wool cannot be even so mixed with Spanish
wool as to enter into the composition without spoiling and
degrading； in some degree； the fabric of the cloth。
It has been shown in the foregoing part of this work that