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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repealed； and Serjeant Hawkins seems to consider it as still in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repealed by the 12th of Charles II； c。 32； sect。 3； which；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ship。 The second of them was expressly repealed by the 7th and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 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 in