Export Bans

¹⁵ The same commodities which we gave bounties on importation from America were subjected to considerable duties when imported from other countries.

The interest of our American colonies was regarded as the same with Great Britain.

• Their wealth was considered as our wealth.

It is said that the money sent to America all came back to Britain by the balance of trade.

• We could never become poorer by spending for them.
• It was a spending on the improvement of our own property for the employment of our own people.

I believe that had our American colonies been really part of Great Britain, those bounties would have been bounties on production.

• It would still have been liable to the same objections as bounties on production.

¹⁶ The exportation of raw materials is sometimes discouraged:

• by absolute prohibitions and
• sometimes by high duties.

The Ban On Wool Exportation

¹⁷ Our woollen manufacturers were more successful in persuading the legislature that the nation’s prosperity depended on their business’ success.

They obtained a monopoly against the consumers by an absolute prohibition of importing woollen cloths.

• They obtained another monopoly against sheep farmers and wool growers by a prohibition on live sheep and wool exportation.

People complained of the severity of those laws for the security of their revenue.

• They impose heavy penalties on innocent actions which were declared by the statutes to be crimes.

I affirm that the cruelest of our revenue laws are gentle compared to laws which our merchants and manufacturers has extorted from the legislature to support their own oppressive monopolies.

• Like the laws of Draco, these laws are all written in blood.

¹⁸ By the 1565 chap. 3, the exporter of sheep, lambs, or rams would be punished:

For the first offence:

• To forfeit all his goods forever
• To suffer a year’s imprisonment
• To have his left hand cut off in a market town on a market day to be there nailed up

For the second offence:

• To be adjudged a felon
• To suffer death accordingly

This law was to prevent our sheep from being propagated overseas.

By the 1661 and 1662 chap. 18, the exportation of wool was made felony.

¹⁹ For the honour of the national humanity, we hope that neither of these statutes were ever executed.

The first statute has never been directly repealed.

Serjeant Hawkins seems to consider it as still in force.

• It may however perhaps virtually repealed by the 1660 chap. 32. sect. 3.

Without expressly taking away the penalties imposed by former statutes, it imposes a new penalty:

• 20 shillings for every sheep exported or attempted to be exported
• Forfeiture of the sheep and of the owner’s share of the ship.

The second statute was expressly repealed by the 1695 and 1696 chap. 28. sect. 4. It declared:

• The statutes of 1661 and 1662 made the exportation of wool a felony.
• Its severe penalties, which were not executed, are repealed and made void by this act.

²⁰ The penalties imposed by this milder statute and the former penalties not repealed by this one, are still severe.

The exporter incurs the penalty of:

• The forfeiture of the goods
• 3 shillings for every pound weight of wool exported or attempted to be exported that is about four or five times the value.

Any person convicted is disabled from requiring any debt or account belonging to him from any other person.

The law means to ruin him completely.

But the morals of the people are not yet so corrupt as the morals of the contrivers of this statute. I have not heard this clause being executed.

If the person convicted of this offence is unable to pay the penalties within three months after judgment, he is to be transported for seven years. If he returns before seven years, he is liable to the pains of felony, without benefit of clergy.

The ship’s owner, knowing this offence, forfeits all his ship and furniture.

The master and mariners, knowing this offence, forfeit all their goods and chattels.

• They suffer 3 months imprisonment.
• The master suffers six months imprisonment, by a subsequent statute.

²¹ 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. It can only be put in packs of leather or pack-cloth.

Those packs must be marked on the outside the words WOOL or YARN. Those words must be in large letters not less than 3 inches long.

The penalty is:

• The forfeiture of the wool and the package
• 3 shillings for every pound weight to be paid by the owner or packer

It can only be loaded on any horse or cart or carried by land within five miles of the coast between sunrise and sunset.

The penalty is:

• The forfeiture of the wool, packs, horses, and carriages.
• The county next to the sea coast through which the wool is exported, forfeits £20 if the wool is less than £ 10 value.
  • If the wool is more than £ 10 value, the forfeiture is triple that value with triple costs, to be sued for within the year.

The execution will be against any two of the inhabitants, whom the sessions must reimburse.

• They will be reimbursed by assessing the other inhabitants, as in a robbery.
• If any person compounds with the county for less than this penalty, he is to be imprisoned for five years.
  • Any other person may prosecute.

These regulations are in place in the whole kingdom.

²² But in Kent and Sussex, the restrictions are still more troublesome.

Every owner of wool within 10 miles of the sea-coast must give an account in writing, three days after shearing to the next officer of the customs regarding:

• the number of his fleeces
• the places where they are lodged

Before he removes the fleece, he must give notice of:

• the fleece’s number and weight
• the name and abode of the person to whom they are sold

The place where they are intended to be carried

No person within 15 miles of the sea in Kent and Sussex can buy any wool before he enters into bond to the king that no part of the wool he shall buy shall be sold to anyone within 15 miles of the sea.

If any wool is found without the such security, it is forfeited.

The offender also forfeits 3 shillings for every pound weight.

If any person lays any wool not entered as aforesaid within 15 miles of the sea, it must be seized and forfeited.

If after such seizure, any person claims the wool, he must give security to the Exchequer that if he is put on trial, he shall pay triple costs, besides all other penalties.