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felony, be repealed and made void.'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repealed by this one, are still sufficiently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 3s. 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 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 time, 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
yarn, in large letters, not less than three
inches long, on pain of forfeiting the same
and the package, and 3s. 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 L.20, if
the wool is under the value of L.10; 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 give 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
3s. for every pound weight. If any person
lay 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
shall 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 carrieth, or causeth to
be carried, any wool to any part or place on
the sea coast, 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
part, 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 of William
III. chap. 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 coast-ways 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