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[Footnote 1: For the story of the origin of this report see the Note prefixed to Letter III. [T.S.]]
The several addresses to your Majesty from your subjects of Ireland, contain in general terms the strongest representations of the great apprehensions they were under, from the importing and uttering copper halfpence and farthings in Ireland, by virtue of the patent granted to Mr. Wood, which they conceived would prove highly prejudicial to your Majesty's revenue, destructive of the trade and commerce of the kingdom, and of dangerous consequence to the properties of the subject. They represent, That the patent had been obtained in a clandestine and unprecedented manner, and by notorious misrepresentations of the state of Ireland; That if the terms of the patent had been complied with, this coinage would have been of infinite loss to the kingdom, but that the patentee, under colour of the powers granted to him, had imported and endeavoured to utter great quantities of different impressions, and of less weight, than required by the patent, and had been guilty of notorious frauds and deceit in coining the said copper money: And they humbly beseech your Majesty, that you would give such directions, as in your great wisdom you should think proper, to prevent the fatal effects of uttering any half pence or farthings by virtue of the said patent: And the House of Commons of Ireland, in a second address upon this subject, pray, That your Majesty would be pleased to give directions to the several officers intrusted in the receipt of your Majesty's revenue, That they do not on any pretence whatever, receive or utter any of the said copper halfpence or farthings.
In answer to the addresses of the Houses of Parliament of Ireland, your Majesty was most graciously pleased to assure them, "That if any abuses had been committed by the patentee, you would give the necessary orders for enquiring into and punishing those abuses; and that your Majesty would do everything, that was in your power, for the satisfaction of your people."
In pursuance of this your Majesty's most gracious declaration, your Majesty was pleased to take this matter into you royal consideration; and that you might be the better enabled effectually to answer the expectations of your people of Ireland, your Majesty was pleased by a letter from Lord Carteret, one of your principal secretaries of state, dated March 10, 1723-4, to signify your pleasure to your Lord Lieutenant of Ireland, "That he should give directions for sending over such papers and witnesses as should be thought proper to support the objections made against the patent, and against the patentee, in the execution of the powers given him by the patent."
Upon the receipt of these your Majesty's orders, the Lord Lieutenant, by his letter of the 20th of March, 1723-4, represented the great difficulty he found himself under, to comply with these your Majesty's orders; and by another letter of the 24th of March 1723-4, "after consulting the principal members of both Houses, who were immediately in your Majesty's service, and of the Privy Council," acquainted your Majesty, "That none of them would take upon them to advise, how any material persons or papers might be sent over on this occasion; but they all seemed apprehensive of the ill temper any miscarriage, in a trial, upon scire facias brought against the patentee, might occasion in both Houses, if the evidence were not laid as full before a jury, as it was before them," and did therefore, a second time, decline sending over any persons, papers or materials whatsoever, to support this charge brought against your Majesty's patent and the patentee.
As this proceeding seemed very extraordinary, that in a matter that had raised so great and universal a clamour in Ireland, no one person could be prevailed upon to come over from Ireland, in support of the united sense of both Houses of Parliament of Ireland; That no papers, no materials, no evidence whatsoever of the mischiefs arising from this patent, or of the notorious frauds and deceit committed in the execution of it, could now be had, to give your Majesty satisfaction herein; "your Majesty however, desirous to give your people of Ireland all possible satisfaction, but sensible that you cannot in any case proceed against any of the meanest of your subjects, but according to the known rules and maxims of law and justice," repeated your orders to your Lord Lieutenant of Ireland, that by persuasion, and making proper allowances for their expenses, new endeavours might be used to procure and send over such witnesses as should be thought material to make good the charge against the patent.
In answer to these orders, the Lord Lieutenant of Ireland acquaints your Majesty, by his letter of the 23d of April to one of your principal secretaries of state, "That in order to obey your Majesty's commands as far as possibly he could, at a meeting with my Lord Chancellor, the Chief Judges, your Majesty's Attorney and Solicitor-General, he had earnestly desired their advice and assistance, to enable him to send over such witnesses as might be necessary to support the charge against Mr. Wood's patent, and the execution of it. The result of this meeting was such, that the Lord Lieutenant could not reap the least advantage or assistance from it, every one being so guarded with caution, against giving any advice or opinion in this matter of state, apprehending great danger to themselves from meddling in it."
The Lords of the Committee think it very strange, that there should be such great difficulty in prevailing with persons, who had already given their evidence before the Parliament of Ireland, to come over and give the same evidence here, and especially, that the chief difficulty should arise, from a general apprehension of a miscarriage, in an enquiry before your Majesty, or in a proceeding by due course of law, in a case, where both Houses of Parliament had declared themselves so fully convinced, and satisfied upon evidence, and examinations taken in the most solemn manner.
At the same time that your Majesty sent your orders to the Lord Lieutenant of Ireland, to send over such evidences as were thought material to support the charge against the patent, that your Majesty might, without any further loss of time than was absolutely necessary, be as fully informed as was possible, and that the abuses and frauds alleged to be committed by the patentee, in executing the powers granted to him, might be fully and strictly enquired into, and examined, your Majesty was pleased to order that an assay should be made of the fineness, value, and weight of this copper money, and the goodness thereof, compared with the former coinages of copper money for Ireland, and the copper money coined in your Majesty's Mint in England; and it was accordingly referred to Sir Isaac Newton, Edward Southwell, and Thomas Scroope, Esqs. to make the said assay and trial.
By the reports made of this assay, which are hereunto annexed, it appears,[2] "That the pix of the copper moneys coined at Bristol by Mr. Wood for Ireland, containing the trial pieces, which was sealed and locked up at the time of coining, was opened at your Majesty's mint at the Tower; that the comptroller's account of the quantities of halfpence and farthings coined, agreed with Mr. Wood's account, amounting to 59 tons, 3 hundred, 1 quarter, 11 pounds, and 4 ounces; That by the specimens of this coinage, which had from time to time been taken from the several parcels coined, and sealed up in papers, and put into the pix, 60 halfpence weighed 14 ounces troy, and 18 penny-weight, which is about a quarter of an ounce above one pound weight avoirdupois; and 30 farthings weighed 3 ounces and 3 quarters of an ounce troy, and 46 grams, which is also above the weight required by the patent. It also appears, that both halfpence and farthings when heated red-hot spread thin under the hammer without cracking; that the copper of which Mr. Wood's coinage is made, is of the same goodness and value with the copper of which the copper money is coined in your Majesty's mint for England, and worth in the market about 13 pence per pound weight avoirdupois; That a pound of copper wrought into bars of fillets, and made fit for coinage, before brought into the mint at the Tower of London, is worth 18 pence per pound, and always cost as much, and is coined into 23 pence of copper money by tale, for England; It likewise appears, that the halfpence and farthings coined by Mr. Wood, when compared with the copper money coined for Ireland, in the reigns of King Charles II. King James II. and King William and Queen Mary, considerably exceeds them all in weight, very far exceeds them all in goodness, fineness, and value of the copper, none of them bearing the fire so well, not being malleable, wasting very much in the fire, and great part of them burning into a cinder of little or no value at all; Specimens of all which, as likewise of Mr. Wood's copper money, upon trials and assays made by Sir Isaac Newton, Mr. Southwell, and Mr. Scroope, were laid before this Committee for their information."
[Footnote 2: See Appendix, No. II. [T.S.]]
The Lords of the Committee beg leave upon this article of the complaint, "That notorious frauds and deceits had been committed by the patentee, in executing the powers granted him," to observe to your Majesty, That this is a fact expressly charged upon the patentee, and if it had in any manner been proved, it might have enabled your Majesty, by due course of law, to have given the satisfaction to your people of Ireland, that has been so much insisted upon; but as it is now above four months since your Majesty was pleased to send over to Ireland for such evidence, as might prove a fact alleged to be so notorious, and no evidence at all has been as yet transmitted, nor the least expectation given of any that may hereafter be obtained, and the trials and assays that have been taken of the halfpence, and farthings coined by Mr. Wood proving so unquestionably the weight, goodness and fineness of the copper money coined, rather exceeding the conditions of the patent, than being any way defective, the Lords of the Committee cannot advise your Majesty, by a writ of scire facias, or any other manner to endeavour vacating the said patent, when there is no probability of success in such an undertaking.
As these trials and assays fully shew that the patentee hath acted fairly according to the terms and conditions of his patent, so they evidently prove, that the care and caution made use of in this patent, by proper conditions, checks, and comptrols have effectually provided, that the copper money coined for Ireland by virtue of this patent, should far exceed the like coinages for Ireland, in the reigns of your Majesty's royal predecessors.
And that your Majesty's royal predecessors have exercised this undoubted prerogative of granting to private persons the power and privilege of coining copper halfpence and farthings for the kingdom of Ireland, was proved to this Committee by several precedents of such patents granted to private persons by King Charles II. and King James II. none of which were equally beneficial to your kingdom of Ireland, nor so well guarded with proper covenants and conditions for the due execution of the powers thereby granted, although the power and validity of those patents, and a due compliance with them, was never in any one instance, till this time, disputed or controverted.
By these former patents, the sole power of coining copper money for Ireland, was granted to the patentees for the term of 21 years, to be coined in such place as they should think convenient, and "such quantities as they could conveniently issue within the term of 21 years," without any restriction of the quantity to be coined within the whole term, or any provision of a certain quantity, only to be coined annually to prevent the ill consequences of too great a quantity to be poured in at once, at the will and pleasure of the patentees; no provision was made for the goodness and fineness of the copper, no comptroller appointed to inspect the copper in bars and fillets, before coined, and take constant assays of the money when coined, and the power of issuing not limited "to such as would voluntarily accept the same"; but by the patent granted to John Knox, the money coined by virtue of the patent, "is made and declared to be the current coin of the kingdom of Ireland," and a pound weight of copper was allowed to be coined into 2 shillings and 8 pence, and whatever quantity should be coined, a rent of 16l per annum only was reserved to the crown, and 700 tons of copper were computed to be coined within the 21 years, without any complaint.
The term granted to Mr. Wood for coining copper money is for 14 years only, the quantity for the whole term limited to 360 tons, 100 ton only to be issued within one year, and 20 tons each year for the 13 remaining years; a comptroller is appointed by the authority of the crown to inspect, comptrol, and assay the copper, as well not coined as coined; the copper to be fine British copper, cast into bars or fillets, which when heated red hot would spread thin under the hammer; a pound weight of copper to be coined into 2 shillings and sixpence, and without any compulsion on currency enforced, to be received by such only as would voluntarily and wilfully accept the same"; a rent of 800l per annum is reserved unto your Majesty,[3] and 200l per annum to your Majesty's clerk comptroller, to be paid annually by the patentee, for the full term of the fourteen years, which for 13 years when 20 tons of copper only are coined, is not inconsiderable; these great and essential differences in the several patents, that have been granted for coining copper money for the kingdom of Ireland, seemed sufficiently to justify the care and caution that was used in granting the letters-patent to Mr. Wood.
[Footnote 3: See the extract from the patent itself, where the amount is given differently [T.S.]]
It has been further represented to your Majesty, That these letters-patent were obtained by Mr. Wood in a clandestine and unprecedent manner, and by gross misrepresentations of the state of the kingdom of Ireland. Upon enquiring into this fact it appears, That the petition of Mr. Wood for obtaining this coinage, was presented to your Majesty at the time that several other petitions and applications were made to your Majesty, for the same purpose, by sundry persons, well acquainted and conversant with the affairs of Ireland, setting forth the great want of small money and change in all the common and lower parts of traffic, and business throughout the kingdom, and the terms of Mr. Wood's petition seeming to your Majesty most reasonable, thereupon a draught of a warrant directing a grant of such coinage to be made to Mr. Wood, was referred to your Majesty's then Attorney and Solicitor-general of England, to consider and report their opinion to your Majesty; Sir Isaac Newton, as the Committee is informed was consulted in all the steps of settling and adjusting the terms and conditions of the patent; and after mature deliberation, your Majesty's warrant was signed, directing an indenture in such manner as is practised in your Majesty's mint in the Tower of London, for the coining of gold and silver moneys, to pass the Great Seal of Great Britain, which was carried through all the usual forms and offices without haste or precipitation, That the Committee cannot discover the least pretence to say, this patent was passed or obtained in a clandestine or unprecedented manner, unless it is to be understood, that your Majesty's granting a liberty of coining copper money for Ireland, under the Great Seal of Great Britain, without referring the consideration thereof to the principal officers of Ireland, is the grievance and mischief complained of. Upon this head it must be admitted, that letters-patent under the Great Seal of Great Britain for coining copper money for Ireland, are legal and obligatory, a just and reasonable exercise of your Majesty's royal prerogative, and in no manner derogatory, or invasive, of any liberties or privileges of your subjects of Ireland. When any matter or thing is transacting that concerns or may affect your kingdom of Ireland, if your Majesty has any doubts concerning the same, or sees just cause for considering your officers of Ireland, your Majesty is frequently pleased to refer such considerations to your chief governors of Ireland, but the Lords of the Committee hope it will not be asserted, that any legal orders or resolutions of your Majesty can or ought to be called in question or invalidated, because the advice or consent of your chief governors of that kingdom was not previously had upon them: The precedents are many, wherein cases of great importance to Ireland, and that immediately affected, the interests of that kingdom, warrants, orders, and directions, by the authority of your Majesty and your royal predecessors, have been issued under the royal sign manual, without any previous reference, or advice of your officers of Ireland, which have always had their due force, and have been punctually complied with and obeyed. And as it cannot be disputed but this patent might legally and properly pass under the Great Seal of Great Britain, so their Lordships cannot find any precedents of references to the officers of Ireland, of what passed under the Great Seal of England; on the contrary, there are precedents of patents passed under the Great Seal of Ireland, where in all the previous steps the references were made to the officers of England.
By the misrepresentation of the state of Ireland, in order to obtain this patent, it is presumed, is meant, That the information given to your Majesty of the great want of small money, to make small payments, was groundless, and that there is no such want of small money: The Lords of the Committee enquired very particularly into this article, and Mr. Wood produced several witnesses, that directly asserted the great want of small money for change, and the great damage that retailers and manufactures suffered for want of such copper money. Evidence was given, That considerable manufacturers have been obliged to give tallies, or tokens in cards, to their workmen for want of small money, signed upon the back, to be afterwards exchanged for larger money: That a premium was often given to obtain small money for necessary occasions: Several letters from Ireland to correspondents in England were read, complaining of the want of copper money, and expressing the great demand there was for this money.
The great want of small money was further proved by the common use of raps, a counterfeit coin, of such base metal, that what passes for a halfpenny, is not worth half a farthing, which raps appear to have obtained a currency, out of necessity and for want of better small money to make change with, and by the best accounts, the Lords of the Committee have reason to believe, That there can be no doubt, that there is a real want of small money in Ireland, which seems to be so far admitted on all hands, that there does not appear to have been any misrepresentation of the state of Ireland in this respect.
In the second address from the House of Commons to your Majesty, They most humbly beseech your Majesty, that you will be graciously pleased to give directions to the several officers intrusted with the receipt of your Majesty's revenue, that they do not, on any pretence whatsoever, receive or utter such halfpence or farthings, and Mr. Wood, in his petition to your Majesty, complains, that the officers of your Majesty's revenue had already given such orders to all the inferior officers not to receive any of this coin.
Your Majesty, by your patent under the Great Seal of Great Britain, wills, requires and commands your "lieutenant, deputy, or other chief governor or governors of your kingdom of Ireland, and all other officers and ministers of your Majesty, your heirs and successors in England, Ireland or elsewhere, to be aiding and assisting to the said William Wood, his executors, &c. in the execution of all or any the powers, authorities, directions, matters or things to be executed by him or them, or for his or their benefit and advantage, by virtue, and in pursuance of the said indentures, in all things as becometh, &c." And if the officers of the revenue have, upon their own authority, given any orders, directions, significations, or intimations, to hinder or obstruct the receiving and uttering the copper money coined and imported, pursuant to your Majesty's letters-patent, this cannot but be looked upon as a very extraordinary proceeding.
In another paragraph of the patent your Majesty has covenanted and granted unto the said William Wood, his executors, &c. "That upon performance of covenants, on his and their parts, he and they shall peaceably, and quietly, have, hold, and enjoy all the powers, authorities, privileges, licences, profits, advantages, and all other matters and things thereby granted, without any let, suit, trouble, molestation or denial of your Majesty, your heirs or successors, or of or by any of your or their officers or ministers, or any person or persons, &c." This being so expressly granted and covenanted by your Majesty, and there appearing no failure, non-performance, or breach of covenants, on the part of the patentee, the Lords of the Committee cannot advise your Majesty to give directions to the officers of the revenue, not to receive or utter any of the said copper halfpence or farthings as has been desired.
Mr. Wood having been heard by his counsel, produced his several witnesses, all the papers and precedents, which he thought material, having been read and considered, and having as he conceived, fully vindicated both the patent, and the execution thereof. For his further justification, and to clear himself from the imputation of attempting to make to himself any unreasonable profit or advantage, and to enrich himself at the expense of the kingdom of Ireland, by endeavouring to impose upon them, and utter a greater quantity of copper money, than the necessary occasions of the people shall require, and can easily take off, delivered a proposal in writing, signed by himself, which is hereunto annexed, and Mr. Wood having by the said letters-patent, "covenanted, granted, and promised to, and with your Majesty, your heirs and successors, that he shall and will from time to time in the making the said copper farthings and halfpence in England, and in transporting the same from time to time to Ireland, and in uttering, vending, disposing and dispersing the same there, and in all his doings and accounts concerning the same, submit himself to the inspection, examination, order and comptrol of your Majesty and your commissioners of the treasury or high-treasurer for the time being;" the Lords of the Committee are of opinion, that your Majesty upon this voluntary offer and proposal of Mr. Wood, may give proper orders and directions for the execution and due performance of such parts of the said proposal, as shall be judged most for the interest and accommodation of your subjects of Ireland: In the mean time, it not appearing to their Lordships that Mr. Wood has done or committed any act or deed, that may tend to invalidate, or make void his letters-patent, or to forfeit the privileges and advantages thereby granted to him by your Majesty; It is but just and reasonable, that your Majesty should immediately send orders to your commissioners of the revenue, and all other your officers in Ireland, to revoke all orders, directions, significations, or intimations whatsoever, that may have been given by them, or any of them, to hinder or obstruct the receiving and uttering this copper money, and that the halfpence and farthings already coined by Mr. Wood, amounting to about 17,000l. and such further quantity as shall make up the said 17,000l. to 40,000l. "be suffered and permitted without any let, suit, trouble, molestation, or denial of any of your Majesty's officers or ministers whatsoever, to pass, and be received as current money by such as shall be willing to receive the same." At the same time, it may be advisable for your Majesty, to give the proper orders, that Mr. Wood shall not coin, import into Ireland, utter or dispose of any more copper halfpence or farthings, than to the amount of 40,000l. according to his own proposal, without your Majesty's special licence or authority, to be had for that purpose; and if your Majesty shall be pleased to order, that Mr. Wood's proposal, delivered to the Lords of the Committee, shall be transmitted to your Majesty's chief governor, deputies, or other your ministers, or officers in Ireland, it will give them a proper opportunity to consider, Whether, after the reduction of 360 tons of copper, being in value 100,800l. to 142 tons, 17 hundred, 16 pounds being in value 40,000l. only, anything can be done for the further satisfaction of the people of Ireland.
LETTER III.
TO THE NOBILITY AND GENTRY OF THE KINGDOM OF IRELAND.
NOTE.
The Drapier's second letter was dated August 4th, 1724. A few days later the English Privy Council's Report, dated 24th July, 1724, arrived in Dublin, and on August 25th, Swift had issued his reply to it in this third letter.
The Report itself, which is here prefixed to the third letter, was said to have been the work of Walpole. Undoubtedly, it contains the best arguments that could then be urged in favour of Wood and the patent, and undoubtedly, also, it would have had the desired effect had it been allowed to do its work uncriticised. But Swift's opposition was fatal to Walpole's intentions. He took the report as but another attempt to foist on the people of Ireland a decree in which they had not been consulted, and no amount of yielding, short of complete abandonment of it, would palliate the thing that was hateful in itself. He resented the insult. After specific rebuttals of the various arguments urged in the report in favour of the patent, Swift suddenly turns from the comparatively petty and insignificant consideration as to the weight and quality of the coins, and deals with the broad principle of justice which the granting of the patent had ignored. Had the English Houses of Parliament and the English Privy Council, he said, addressed the King against a similar breach of the English people's rights, his Majesty would not have waited to discuss the matter, nor would his ministers have dared to advise him as they had done in this instance. "Am I a free man in England," he exclaims, "and do I become a slave in six hours in crossing the channel?"
The report, however, is interesting inasmuch as it assists us to appreciate the pathetic condition of Irish affairs at the time. The very fact that the petition of the Irish parliament could be so handled, proves how strong had been the hold over Ireland by England, and with what daring insistence the English ministers continued to efface the last strongholds of Irish independence.
Monck Mason, in reviewing the report, has devoted a very elaborate note to its details, and has fortified his criticisms with a series of remarkable letters from the Archbishop of Dublin, which he publishes for the first time.[1] I have embodied much of this note in the annotations which accompany the present reprint of this letter.
[Footnote 1: "History of St. Patrick's Cathedral," pp. lxxxvi-xcv.]
The text of this third letter is based on Sir W. Scott's, collated with the first edition and that given by Faulkner in "Fraud Detected." It has also been read with Faulkner's text given in the fourth volume of his edition of Swift's Works, published in 1735.
[T.S.]
LETTER III.
TO THE NOBILITY AND GENTRY OF THE KINGDOM OF IRELAND.
Having already written two letters to people of my own level, and condition; and having now very pressing occasion for writing a third; I thought I could not more properly address it than to your lordships and worships.
The occasion is this. A printed paper was sent to me on the 18th instant, entitled, "A Report of the Committee of the Lords of His Majesty's Most Honourable Privy-Council in England, relating to Mr. Wood's Halfpence and Farthings."[2] There is no mention made where the paper was printed, but I suppose it to have been in Dublin; and I have been told that the copy did not come over in the Gazette, but in the London Journal, or some other print of no authority or consequence; and for anything that legally appears to the contrary, it may be a contrivance to fright us, or a project of some printer, who hath a mind to make a penny by publishing something upon a subject, which now employs all our thoughts in this kingdom. Mr. Wood in publishing this paper would insinuate to the world, as if the Committee had a greater concern for his credit and private emolument, than for the honour of the Privy-council and both Houses of Parliament here, and for the quiet and welfare of this whole kingdom; For it seems intended as a vindication of Mr. Wood, not without several severe remarks on the Houses of Lords and Commons of Ireland.
[Footnote 2: The full text of this report is prefixed to this third letter of the Drapier. The report was published in the "London Journal" about the middle of August of 1724. Neither the "Gazette" nor any other ministerial organ printed it, which evidently gave Swift his cue to attack it in the merciless manner he did. Monck Mason thought it "not improbable that the minister [Walpole] adopted this method of communication, because it served his own purpose; he dared not to stake his credit upon such a document, which, in its published form, contains some gross mis-statements" ("History of St. Patrick's Cathedral," note, on p. 336). [T.S.]]
The whole is indeed written with the turn and air of a pamphlet, as if it were a dispute between William Wood on the one part, and the Lords Justices, Privy-council and both Houses of Parliament on the other; the design of it being to clear and vindicate the injured reputation of William Wood, and to charge the other side with casting rash and groundless aspersions upon him.
But if it be really what the title imports, Mr. Wood hath treated the Committee with great rudeness, by publishing an act of theirs in so unbecoming a manner, without their leave, and before it was communicated to the government and Privy-council of Ireland, to whom the Committee advised that it should be transmitted. But with all deference be it spoken, I do not conceive that a Report of a Committee of the Council in England is hitherto a law in either kingdom; and until any point is determined to be a law, it remains disputable by every subject.
This (may it please your lordships and worships) may seem a strange way of discoursing in an illiterate shopkeeper. I have endeavoured (although without the help of books) to improve that small portion of reason which God hath pleased to give me, and when reason plainly appears before me, I cannot turn away my head from it. Thus for instance, if any lawyer should tell me that such a point were law, from which many gross palpable absurdities must follow, I would not, I could not believe him. If Sir Edward Coke should positively assert (which he nowhere does, but the direct contrary) that a limited prince, could by his prerogative oblige his subjects to take half an ounce of lead, stamped with his image, for twenty shillings in gold, I should swear he was deceived or a deceiver, because a power like that, would leave the whole lives and fortunes of the people entirely at the mercy of the monarch: Yet this, in effect, is what Wood hath advanced in some of his papers, and what suspicious people may possibly apprehend from some passages in that which is called the "Report."
That paper mentions "such persons to have been examined, who were desirous and willing to be heard upon that subject." I am told, they were four in all, Coleby, Brown, Mr. Finley the banker, and one more whose name I know not. The first of these was tried for robbing the Treasury in Ireland, and although he was acquitted for want of legal proof, yet every person in the Court believed him to be guilty. The second was tried for a rape, and stands recorded in the votes of the House of Commons, for endeavouring by perjury and subornation, to take away the life of John Bingham, Esq.[3]
[Footnote 3: Referring to these persons who were examined by the Committee, Monck Mason quotes from two letters from Archbishop King to Edward Southwell, Esq. King was one of the council, and Southwell secretary of state at the time. The first of these letters remarks: "Could a greater contempt be put upon a nation, than to see such a little fellow as Wood favoured and supported against them, and such profligates as Brown and Coleby believed before a whole parliament, government, and private council." From the second letter, written on August 15th, 1724, Monck Mason gives the following extracts:
"—When I returned to Dublin I met with resolutions concerning our halfpence, founded chiefly on the testimony of two infamous persons, John Brown and Coleby: as to the first of these, you will find his character in the votes of the house of commons, last parliament. Tuesday, the 5th of November.
"'Resolved, that it appears to this Committee, that a wicked conspiracy was maliciously contrived and carried on against John Bingham, to take away his life and fortune.
"'Resolved, that it is the opinion of this Committee, that the said John Brown, of Rabens, Esq. and his accomplices, were the chief promoters and advisers of the said conspiracy.
"'Resolved, that it is the opinion of this Committee, that the said John Brown is a person not fit to serve his majesty, in any office or employment, civil or military, whatsoever.
"'Resolved, that the said John Brown has, in the course of his examination, grossly prevaricated with this Committee.
"'To all which resolutions, the question being severally put, the house did agree, nemine contradicente.
"'Ordered, that the said John Brown be, for his said prevarication, taken into the custody of the serjeant at arms attending this house.
"'Ordered, that his majesty's attorney-general do present the said John Brown, for conniving and maliciously carrying on the said conspiracy to take away the life of the said John Bingham, and others.'
"As to Coleby, he was turned out of the treasury for robbing it of a considerable sum of money. I was present at his trial at the King's-bench, and the evidence was such as convinced every one, in his conscience, that he was guilty; but, the proofs being presumptive, and not direct, the jury acquitted him; on which the judge (Pine, if I remember right) observed the happiness of English subjects, that, though everybody was convinced of a man's guilt, yet, if the evidence did not come up to the strict requisites of the law, he would escape" ("History of St. Patrick's Cathedral," pp. xciv-xcv.) [T.S.]]
But since I have gone so far as to mention particular persons, it may be some satisfaction to know who is this Wood himself, that has the honour to have a whole kingdom at his mercy, for almost two years together. I find he is in the patent entitled Esq; although he were understood to be only a hardware-man, and so I have been bold to call him in my former letters; however a 'squire he is, not only by virtue of his patent, but by having been a collector in Shropshire, where pretending to have been robbed, and suing the county, he was cast, and for the infamy of the fact, lost his employment.
I have heard another story of this 'Squire Wood from a very honourable lady, that one Hamilton told her. He (Hamilton) was sent for six years ago by Sir Isaac Newton to try the coinage of four men, who then solicited a patent for coining halfpence for Ireland; their names were Wood, Coster, Elliston, and Parker. Parker made the fairest offer, and Wood the worst, for his coin were three halfpence in a pound less value than the other. By which it is plain with what intentions he solicited this patent, but not so plain how he obtained it.
It is alleged in the said paper, called the "Report," that upon repeated orders from a secretary of state, for sending over such papers and witnesses, as should be thought proper to support the objections made against the patent (by both Houses of Parliament) the Lord Lieutenant represented "the great difficulty he found himself in to comply with these orders. That none of the principal members of both Houses, who were in the King's service or council, would take upon them to advise how any material person or papers might be sent over on this occasion, &c." And this is often repeated and represented as "a proceeding that seems very extraordinary, and that in a matter which had raised so great a clamour in Ireland, no one person could be prevailed upon to come over from Ireland in support of the united sense of both Houses of Parliament in Ireland, especially that the chief difficulty should arise from a general apprehension of a miscarriage, in an enquiry before His Majesty, or in a proceeding by due course of law, in a case where both Houses of Parliament had declared themselves so fully convinced, and satisfied upon evidence, and examinations taken in the most solemn manner."[4]
[Footnote 4: Commenting on this Monck Mason has the following note. This learned biographer's remarks are specially important inasmuch as he has fortified them with letters from Archbishop King, unpublished at the time he wrote: "But this [referring to the extract from the Report given by Swift] will not appear so strange or inexplicable after perusing the following letter from Archbishop King ... to Edward Southwell, Esq. ...; this important state paper may, therefore, be considered as an official communication of the sentiments of the Irish Privy Council upon this matter.
"Letter from William King, Archbishop of Dublin, to Edward Southwell, Esq., dated the 23d March, 1723.
"'I have not had any occasion of late to trouble you with my letters; but yesternight I came to the knowledge of an affair which gave me some uneasiness, and, I believe, will do so to the whole kingdom, when it becomes public. My lord lieutenant sent for several lords and commoners of the privy council, and communicated to them a letter from my Lord Carteret, writ by his majesty's command, in which was repeated the answer given to the addresses of the lords and commons, about one William Wood's farthings and halfpence; and his grace is required to send over witnesses and evidences against the patentee or patent: this has surprised most people, because we were borne in hand that that affair was dead, and that we should never hear any more of it.
"'His grace's design was, to be advised by what means and methods he might effectually comply with his majesty's commands; and, by what I could perceive, it was the sense of all, that it was not possible, in the present situation of affairs, to answer his majesty's expectations or those of the kingdom; and that, for these reasons:
"'1st, because this is a controversy between the parliament of Ireland and William Wood, and, the parliament being now prorogued, nobody either would, or durst, take on them to meddle in a business attacked by the parliament, or pretend to manage a cause which so deeply concerned the parliament, and the whole nation, without express orders. If this letter had come whilst the parliament was sitting, and had been communicated to the houses, they could have appointed certain persons to have acted for them, and raised a fund to support them, as has been done formerly in this kingdom on several occasions; but, for any, without such authority, to make himself a party for the legislature and people of Ireland, would be a bold undertaking, and, perhaps, dangerous; for, if such undertaker or undertakers should fail in producing all evidences that may be had, or any of the papers necessary to make the case evident, they must expect to be severely handled the next parliament for their officiousness, and bear the blame of the miscarriage of the cause: for these reasons, as it seemed to me, the privy councillors were unwilling to engage at all in the business, or to meddle with it.
"'But, 2dly, the thing seemed impracticable; because it would signify nothing to send over the copies of the papers that were laid before the parliament, if the design is, as it seems to be, to bring the patent to a legal trial; for such copies we were told by lawyers, could not be produced in any court as evidence; and, as to the originals, they are in the possession of the houses, and (as was conceived) could not be taken from the proper officers with whom they were trusted, but by the like order.
"'And, as to the witnesses, it was a query whether my lord lieutenant by his own power could send them; and, if he have such power, yet it will not be possible to come at the witnesses, for several in each house vouched several facts on their own knowledge, to whom the houses gave credit; my lord lieutenant can neither be apprised of the persons nor of the particulars which the members testified; whereas, if the parliament was sitting, those members would appear, and make good their assertions.
"'There were several sorts of farthings and halfpence produced to the houses, differing in weight, and there was likewise a difference in the stamp. These were sent over by William Wood to his correspondents here, and by them produced. But can it be proved, on a legal trial, that these particular halfpence were coined by him? It is easy for him to say, that they are counterfeited, as (if I remember right) he has already affirmed in the public prints, in his answer to the address of the commons.
"'But, 3dly, it was not on the illegality of the patent, nor chiefly on the abuse of it the patentee (which was not so much as mentioned by the lords), that the parliament insisted, but on the unavoidable mischief and destruction it would bring on the kingdom, and on its being obtained by most false and notorious misinformation of his majesty; it being suggested, as appears by the preamble, that the kingdom wanted such halfpence and farthings: now, if the king be misinformed, the lawyers tell us, that the grant is void. And, that his majesty was deceived in this grant by a false representation, it was said, needed no further proof than the patent itself.—William Wood by it was empowered to coin 360 tons of copper into halfpence and farthings, which would have made L90,000, about the fifth part of all the current cash of Ireland; for that is not reckoned, by those who suppose it most, to be L500,000. Now, the current cash of England is reckoned above twenty millions; in proportion, therefore, if Ireland wants L90,000 England will want four millions. It is easy to imagine what would be said to a man that would propose to his majesty such a coinage; and it is agreed, that the people of England would not be more alarmed by such a patent, than the people of Ireland are, by the prospect of turning the fifth part of their current coin into brass.
"'This, so far as I can remember, is a brief of what passed in the meeting before my lord lieutenant'" ("History of St. Patrick's Cathedral," pp. lxxxvii-lxxxviii). [T.S.]]
How shall I, a poor ignorant shopkeeper, utterly unskilled in law, be able to answer so weighty an objection. I will try what can be done by plain reason, unassisted by art, cunning or eloquence.
In my humble opinion, the committee of council, hath already prejudged the whole case, by calling the united sense of both Houses of Parliament in Ireland an "universal clamour." Here the addresses of the Lords and Commons of Ireland against a ruinous destructive project of an "obscure, single undertaker," is called a "clamour." I desire to know how such a style would be resented in England from a committee of council there to a Parliament, and how many impeachments would follow upon it. But supposing the appellation to be proper, I never heard of a wise minister who despised the universal clamour of a people, and if that clamour can be quieted by disappointing the fraudulent practice of a single person, the purchase is not exorbitant.
But in answer to this objection. First it is manifest, that if this coinage had been in Ireland, with such limitations as have been formerly specified in other patents, and granted to persons of this kingdom, or even of England, able to give sufficient security, few or no inconveniencies could have happened, which might not have been immediately remedied. As to Mr. Knox's patent mentioned in the Report, security was given into the exchequer, that the patentee should at any time receive his halfpence back, and pay gold or silver in exchange for them. And Mr. Moor (to whom I suppose that patent was made over) was in 1694 forced to leave off coining, before the end of that year, by the great crowds of people continually offering to return his coinage upon him. In 1698 he coined again, and was forced to give over for the same reason. This entirely alters the case; for there is no such condition in Wood's patent, which condition was worth a hundred times all other limitations whatsoever.[5]
[Footnote 5: It will serve to elucidate this paragraph if an account be given of the various coinage patents issued for Ireland. Monck Mason gives an account in a long note to his biography of Swift; but as he has obtained it from the very ably written tract, "A Defence of the Conduct of the People of Ireland," etc., I have gone to that pamphlet for the present resume. I quote from pp. 21-24 of the Dublin edition, issued in 1724 and printed by George Ewing:
"K. Charles 2d. 1660 granted a patent for coining only farthings for the kingdom of Ireland to Coll. Armstrong: But I do not find he ever made any use of it.[A] For all our copper and brass money to the year 1680 was issued by private persons, who obtained particular licences, on giving security to change their half-pence and farthings for gold and silver; but some of their securities failing, others pretending the half-pence which were tendered to be changed were counterfeits, the public always suffered. Col. Armstrong's son, finding great profit was made by coining half-pence in Ireland, by virtue of particular licences recallable at pleasure, solicited and obtained a patent in the name of George Legg afterwards Lord Dartmouth, for coining half-pence for Ireland from 1680, for 21 years, he giving security to exchange them for gold or silver on demand.[B] In pursuance of this he coined considerable quantities of half-pence for four years; but in 1685 [John] Knox, with the consent of Armstrong, got the remaining part of this term granted by patent in his own name, he giving security as above, and got his half-pence declared the current coin of Ireland, notwithstanding two Acts of Parliament had enacted that they should not be received in the revenue. Knox was interrupted in his coinage in 1689, by King James's taking it into his own hands, to coin his famous brass money, of which he coined no less than L965,375, three penny worth of metal passing for L10 ster. In this money creditors were obliged to receive their debts, and by this cruel stratagem Ireland lost about L60,000 per month. This not only made our gold and silver, but even our half-pence to disappear; which obliged King William to coin pewter half-pence for the use of his army....
[Footnote A: Monck Mason, quoting Simon "On Irish Coins" (Append., No. LXV), says: "Sir Thomas [Armstrong] was never admitted to make use of this grant, nor could he obtain allowance of the chief governor of Ireland, to issue them as royal coin among the subjects of that kingdom."]
[Footnote B: "A proclamation was issued by the lord lieutenant, declaring these half-pence to be the current coin of the kingdom, but it provided that none should be enforced to take more than five shillings in the payment of one hundred pounds, and so proportionately in all greater and lesser sums.... This patent was granted, by and with, the advice of James, Duke of Ormond" (Monck Mason, "History of St. Patrick's," p. 334, note y).]
"After the Revolution, Col. Roger Moore being possessed of Knox's patent, commenced his coinage in Dublin, and at first kept several offices for changing his half-pence for gold or silver. He soon overstocked the kingdom so with copper money, that persons were obliged to receive large sums in it; for the officers of the crown were industrious dispensers of it, for which he allowed them a premium. It was common at that time for one to compound for 1/4 copper, and the collectors paid nothing else. The country being thus overcharged with a base coin, everyone tendered it to Col. Moore to be changed. This he refused, on pretence they were counterfeits.... On this he quitted coining in 1698, but left us in a miserable condition, which is lively represented in a Memorial presented by Will. Trench, Esq. to the Lords of the Treasury, on Mr. Wood's obtaining his patent, and which our Commissioners referred to.... Col. Moore finding the sweet of such a patent, applied to King William for a renewal of it; but his petition being referred to the government of Ireland, the affair was fairly represented to the king, whereby his designs were frustrated.
"In the reign of the late Queen, application was made by Robert Baird and William Harnill, Trustees for the garrison which defended Londonderry, for a patent to coin base money for Ireland ... their petition was rejected.... Since this time there have been many applications made for such patents." [T.S.]]
Put the case, that the two Houses of Lords and Commons of England, and the Privy-council there should address His Majesty to recall a patent, from whence they apprehend the most ruinous consequences to the whole kingdom: And to make it stronger if possible, that the whole nation, almost to a man, should thereupon discover the "most dismal apprehensions" (as Mr. Wood styles them) would His Majesty debate half an hour what he had to do? Would any minister dare advise him against recalling such a patent? Or would the matter be referred to the Privy-Council or to Westminster-hall, the two Houses of Parliament plaintiffs, and William Wood defendant? And is there even the smallest difference between the two cases?
Were not the people of Ireland born as free as those of England? How have they forfeited their freedom? Is not their Parliament as fair a representative of the people as that of England? And hath not their Privy-council as great or a greater share in the administration of public affairs? Are they not subjects of the same King? Does not the same sun shine on them? And have they not the same God for their protector? Am I a freeman in England, and do I become a slave in six hours by crossing the Channel? No wonder then, if the boldest persons were cautious to interpose in a matter already determined by the whole voice of the nation, or to presume to represent the representatives of the kingdom, and were justly apprehensive of meeting such a treatment as they would deserve at the next session. It would seem very extraordinary if an inferior court in England, should take a matter out of the hands of the high court of Parliament, during a prorogation, and decide it against the opinion of both Houses.
It happens however, that, although no persons were so bold, as to go over as evidences, to prove the truth of the objections made against this patent by the high court of Parliament here, yet these objections stand good, notwithstanding the answers made by Wood and his Council.
The Report says, that "upon an assay made of the fineness, weight and value of this copper, it exceeded in every article." This is possible enough in the pieces upon which the assay was made; but Wood must have failed very much in point of dexterity, if he had not taken care to provide a sufficient quantity of such halfpence as would bear the trial; which he was well able to do, although "they were taken out of several parcels." Since it is now plain, that the bias of favour hath been wholly on his side.[6]
[Footnote 6: The report of the assayers as abstracted by the Lords of the Committee in their report is not accurately stated. Monck Mason notes that the abstract omits the following passage: "But although the copper was very good, and the money, one piece with another, was full weight, yet the single pieces were not so equally coined in the weight as they should have been." Nor is it shown that the coins assayed were of the same kind as those sent into Ireland. The Committee's report fails to see the question that must arise when it is noted that while in England a pound of copper was made into twenty-three pence, yet for Ireland Wood was permitted to make it into thirty pence, in spite of the statement that the copper used in England was worth fivepence a pound more than that used by Wood. [T.S.]]
But what need is there of disputing, when we have positive demonstration of Wood's fraudulent practices in this point? I have seen a large quantity of these halfpence weighed by a very skilful person, which were of four different kinds, three of them considerably under weight. I have now before me an exact computation of the difference of weight between these four sorts, by which it appears that the fourth sort, or the lightest, differs from the first to a degree, that, in the coinage of three hundred and sixty tons of copper, the patentee will be a gainer, only by that difference, of twenty-four thousand four hundred and ninety-four pounds, and in the whole, the public will be a loser of eighty-two thousand one hundred and sixty-eight pounds, sixteen shillings, even supposing the metal in point of goodness to answer Wood's contract and the assay that hath been made; which it infallibly doth not. For this point hath likewise been enquired into by very experienced men, who, upon several trials in many of these halfpence, have found them to be at least one fourth part below the real value (not including the raps or counterfeits that he or his accomplices have already made of his own coin, and scattered about). Now the coinage of three hundred and sixty ton of copper coined by the weight of the fourth or lightest sort of his halfpence will amount to one hundred twenty-two thousand four hundred eighty-eight pounds, sixteen shillings, and if we subtract a fourth part of the real value by the base mixture in the metal, we must add to the public loss one fourth part to be subtracted from the intrinsic value of the copper, which in three hundred and sixty tons amounts to ten thousand and eighty pounds, and this added to the former sum of eighty-two thousand one hundred sixty-eight pounds, sixteen shillings, will make in all, ninety-two thousand two hundred forty-eight pounds loss to the public; besides the raps or counterfeits that he may at any time hereafter think fit to coin. Nor do I know whether he reckons the dross exclusive or inclusive with his three hundred and sixty ton of copper; which however will make a considerable difference in the account.
You will here please to observe, that the profit allowed to Wood by the patent is twelvepence out of every pound of copper valued at 1s. 6d. whereas 5d. only is allowed for coinage of a pound weight for the English halfpence, and this difference is almost 25 per cent. which is double to the highest exchange of money, even under all the additional pressures, and obstructions to trade, that this unhappy kingdom lies at present. This one circumstance in the coinage of three hundred and sixty ton of copper makes a difference of twenty-seven thousand seven hundred and twenty pounds between English and Irish halfpence, even allowing those of Wood to be all of the heaviest sort.
It is likewise to be considered, that for every halfpenny in a pound weight exceeding the number directed by the patent, Wood will be a gainer in the coinage of three hundred and sixty ton of copper, sixteen hundred and eighty pounds profit more than the patent allows him; Out of which he may afford to make his comptrollers easy upon that article.
As to what is alleged, that "these halfpence far exceed the like coinage for Ireland in the reigns of His Majesty's predecessors;" there cannot well be a more exceptionable way of arguing: Although the fact were true, which however is altogether mistaken; not by any fault in the Committee, but by the fraud and imposition of Wood, who certainly produced the worst patterns he could find, such as were coined in small numbers by permissions to private men, as butchers' halfpence, black dogs and the like, or perhaps the small St. Patrick's coin which passes for a farthing, or at best some of the smallest raps of the latest kind. For I have now by me some halfpence coined in the year 1680 by virtue of the patent granted to my Lord Dartmouth, which was renewed to Knox, and they are heavier by a ninth part than those of Wood, and in much better metal. And the great St. Patrick's halfpenny is yet larger than either.
But what is all this to the present debate? If under the various exigencies of former times, by wars, rebellions, and insurrections, the Kings of England were sometimes forced to pay their armies here with mixed or base money, God forbid that the necessities of turbulent times should be a precedent for times of peace, and order, and settlement.
In the patent above mentioned granted to Lord Dartmouth, in the reign of King Charles 2d. and renewed to Knox, the securities given into the exchequer, obliging the patentee to receive his money back upon every demand, were an effectual remedy against all inconveniencies. And the copper was coined in our own kingdom, so that we were in no danger to purchase it with the loss of all our silver and gold carried over to another, nor to be at the trouble of going to England for the redressing of any abuse.
That the Kings of England have exercised their prerogative of coining copper for Ireland and for England is not the present question: But (to speak in the style of the Report) it would "seem a little extraordinary," supposing a King should think fit to exercise his prerogative by coining copper in Ireland, to be current in England, without referring it to his officers in that kingdom to be informed whether the grant was reasonable, and whether the people desired it or no, and without regard to the addresses of his Parliament against it. God forbid that so mean a man as I should meddle with the King's prerogative: But I have heard very wise men say, that the King's prerogative is bounded and limited by the good and welfare of his people. I desire to know, whether it is not understood and avowed that the good of Ireland was intended by this patent. But Ireland is not consulted at all in the matter, and as soon as Ireland is informed of it, they declare against it; the two Houses of Parliament and the Privy-council addresses His Majesty upon the mischiefs apprehended by such a patent. The Privy-council in England takes the matter out of the Parliament's cognizance; the good of the kingdom is dropped, and it is now determined that Mr. Wood shall have the power of ruining a whole nation for his private advantage.
I never can suppose that such patents as these were originally granted with the view of being a job for the interest of a particular person, to the damage of the public: Whatever profit must arise to the patentee was surely meant at best but as a secondary motive, and since somebody must be a gainer, the choice of the person was made either by favour, or something else[7] or by the pretence of merit and honesty. This argument returns so often and strongly into my head, that I cannot forbear frequently repeating it. Surely His Majesty, when he consented to the passing of this patent, conceived he was doing an act of grace to his most loyal subjects of Ireland, without any regard to Mr. Wood, farther than as an instrument. But the people of Ireland think this patent (intended no doubt for their good) to be a most intolerable grievance, and therefore Mr. Wood can never succeed, without an open avowal that his profit is preferred not only before the interests, but the very safety and being of a great kingdom; and a kingdom distinguished for its loyalty, perhaps above all others upon earth. Not turned from its duty by the "jurisdiction of the House of Lords, abolished at a stroke, by the hardships of the Act of Navigation newly enforced; By all possible obstructions in trade," and by a hundred other instances, "enough to fill this paper." Nor was there ever among us the least attempt towards an insurrection in favour of the Pretender. Therefore whatever justice a free people can claim we have at least an equal title to it with our brethren in England, and whatever grace a good prince can bestow on the most loyal subjects, we have reason to expect it: Neither hath this kingdom any way deserved to be sacrificed to one "single, rapacious, obscure, ignominious projector."
[Footnote 7: A hint at the Duchess of Kendal's influence in the procuring of the patent. [T.S.]]
Among other clauses mentioned in this patent, to shew how advantageous it is to Ireland, there is one which seems to be of a singular nature, that the patentee shall be obliged, during his term, "to pay eight hundred pounds a year to the crown, and two hundred pounds a year to the comptroller."[8] I have heard indeed that the King's council do always consider, in the passing of a patent, whether it will be of advantage to the crown, but I have likewise heard that it is at the same time considered whether the passing of it may be injurious to any other persons or bodies politic. However, although the attorney and solicitor be servants to the King, and therefore bound to consult His Majesty's interest, yet I am under some doubt whether eight hundred pounds a year to the crown would be equivalent to the ruin of a kingdom. It would be far better for us to have paid eight thousand pounds a year into His Majesty's coffers, in the midst of all our taxes (which, in proportion, are greater in this kingdom than ever they were in England, even during the war) than purchase such an addition to the revenue at the price of our utter undoing.
[Footnote 8: By the terms of the patent, Wood covenanted to pay to the King's clerk, or comptroller of the coinage, L200 yearly, and L100 per annum into his Majesty's exchequer, and not as Walpole's report has it, L800 and L200. [T.S.]]
But here it is plain that fourteen thousand pounds are to be paid by Wood, only as a small circumstantial charge for the purchase of his patent, what were his other visible costs I know not, and what were his latent, is variously conjectured. But he must be surely a man of some wonderful merit. Hath he saved any other kingdom at his own expense, to give him a title of reimbursing himself by the destruction of ours? Hath he discovered the longitude or the universal medicine? No. But he hath found out the philosopher's stone after a new manner, by debasing of copper, and resolving to force it upon us for gold.
When the two Houses represented to His Majesty, that this patent to Wood was obtained in a clandestine manner, surely the Committee could not think the Parliament would insinuate that it had not passed in the common forms, and run through every office where fees and perquisites were due. They knew very well that persons in places were no enemies to grants, and that the officers of the crown could not be kept in the dark. But the late Lord Lieutenant of Ireland[9] affirmed it was a secret to him (and who will doubt of his veracity, especially when he swore to a person of quality; from whom I had it, that Ireland should never be troubled with these halfpence). It was a secret to the people of Ireland, who were to be the only sufferers, and those who best knew the state of the kingdom and were most able to advise in such an affair, were wholly strangers to it.
[Footnote 9: The Duke of Grafton. Walpole called him "a fair-weather pilot, that knew not what he had to do, when the first storm arose." Charles, second Duke of Grafton (1683-1757), was the grandfather of the third duke, so virulently attacked by Junius in his famous letters. [T. S.]]
It is allowed by the Report that this patent was passed without the knowledge of the chief governor or officers of Ireland; and it is there elaborately shewn, that "former patents have passed in the same manner, and are good in law." I shall not dispute the legality of patents, but am ready to suppose it in His Majesty's power to grant a patent for stamping round bits of copper to every subject he hath. Therefore to lay aside the point of law, I would only put the question, whether in reason and justice it would not have been proper, in an affair upon which the welfare of a kingdom depends, that the said kingdom should have received timely notice, and the matter not be carried on between the patentee and the officers of the Crown, who were to be the only gainers by it.
The Parliament, who in matters of this nature are the most able and faithful counsellors, did represent this grant to be "destructive of trade, and dangerous to the properties of the people," to which the only answer is, that "the King hath a prerogative to make such a grant."
It is asserted that in the patent to Knox, his "halfpence, are made and declared the current coin of the kingdom," whereas in this to Wood, there is only a "power given to issue them to such as will receive them." The authors of the Report, I think, do not affirm that the King can by law declare anything to be current money by his letters-patents. I dare say they will not affirm it, and if Knox's patent contained in it powers contrary to law, why is it mentioned as a precedent in His Majesty's just and merciful reign:[10] But although that clause be not in Wood's patent, yet possibly there are others, the legality whereof may be equally doubted, and particularly that, whereby "a power is given to William Wood to break into houses in search of any coin made in imitation of his." This may perhaps be affirmed to be illegal and dangerous to the liberty of the subject. Yet this is a precedent taken from Knox's patent, where the same power is granted, and is a strong instance what uses may be sometimes made of precedents.
[Footnote 10: Knox's patent, as Monck Mason points out, did not contain the right to have his coins pass as the current coin of the realm; that was permitted by a proclamation of the lord lieutenant, and could in the same manner be withdrawn. Knox's patent differed materially from that granted to Wood, since he was obliged to take back his coins and give gold or silver for them, and no one was compelled to take more than five shillings in the payment of each L100. See note, p. 66. [T.S.]]
But although before the passing of this patent, it was not thought necessary to consult any persons of this kingdom, or make the least enquiry whether copper money were wanted among us; yet now at length, when the matter is over, when the patent hath long passed, when Wood hath already coined seventeen thousand pounds, and hath his tools and implements prepared to coin six times as much more; the Committee hath been pleased to make this affair the subject of enquiry. Wood is permitted to produce his evidences, which consist as I have already observed, of four in number, whereof Coleby, Brown and Mr. Finley the banker are three. And these were to prove that copper money was extremely wanted in Ireland. The first had been out of the kingdom almost twenty years, from the time that he was tried for robbing the treasury, and therefore his knowledge and credibility are equal. The second may be allowed a more knowing witness, because I think it is not above a year since the House of Commons ordered the Attorney-general to prosecute him, for endeavouring "to take away the life of John Bingham Esq; member of parliaments by perjury and subornation." He asserted that he was forced to tally with his labourers for want of small money (which hath often been practised in England by Sir Ambrose Crawley[11] and others) but those who knew him better give a different reason, (if there be any truth at all in the fact) that he was forced to tally with his labourers not for want of halfpence, but of more substantial money, which is highly possible, because the race of suborners, forgers, perjurers and ravishers, are usually people of no fortune, or of those who have run it out by their vices and profuseness. Mr. Finley the third witness honestly confessed, that he was ignorant whether Ireland wanted copper money or no; but all his intention was to buy a certain quantity from Wood at a large discount, and sell them as well as he could, by which he hoped to get two or three thousand pounds for himself.
[Footnote 11: Ambrose Crowley (not Crawley) was alderman and sheriff of London. He was knighted January 1st, 1706-1707, and sat in the House of Commons as member for Andover in 1713-1714. [T.S.]]
But suppose there were not one single halfpenny of copper coin in this whole kingdom (which Mr. Wood seems to intend, unless we will come to his terms, as appears by employing his emissaries to buy up our old ones at a penny in the shilling more than they pass for), it could not be any real evil to us, although it might be some inconvenience. We have many sorts of small silver coins, to which they are strangers in England, such as the French threepences, fourpence halfpennies and eightpence half-pennies, the Scotch fivepences and tenpences, besides their twenty-pences, and three-and-four-pences, by all which we are able to make change to a halfpenny of almost any piece of gold or silver, and if we are driven to Brown's expedient of a sealed card, with the little gold or silver still remaining, it will I suppose, be somewhat better than to have nothing left but Wood's adulterated copper, which he is neither obliged by his patent, nor hitherto able by his estate to make good.
The Report farther tells us, it "must be admitted that letters-patents under the Great Seal of Great Britain for coining copper money for Ireland are legal and obligatory, a just and reasonable exercise of His Majesty's royal prerogative, and in no manner derogatory or invasive of any liberty or privilege of his subjects of Ireland." First we desire to know, why His Majesty's prerogative might not have been as well asserted, by passing this patent in Ireland, and subjecting the several conditions of the contract to the inspection of those who are only concerned, as was formerly done in the only precedents for patents granted for coining for this kingdom, since the mixed money[12] in Queen Elizabeth's time, during the difficulties of a rebellion: Whereas now upon the greatest imposition that can possibly be practised, we must go to England with our complaints, where it hath been for some time the fashion to think and to affirm that "we cannot be too hardly used." Again the Report says, that "such patents are obligatory." After long thinking, I am not able to find out what can possibly be meant here by this word obligatory. This patent of Wood neither obligeth him to utter his coin, nor us to take it, or if it did the latter, it would be so far void, because no patent can oblige the subject against law, unless an illegal patent passed in one kingdom can bind another and not itself.
[Footnote 12: "Civill warre having set all Ireland in a combustion, the Queene [Elizabeth] more easily to subdue the rebels, did take silver coyne from the Irish, some few years before her death, and paid her army with a mixed base coyne, which, by proclamation, was commanded to be spent and received, for sterling silver money. This base mixed money had three parts of copper, and the fourth part of silver, which proportion of silver was in some part consumed by the mixture, so as the English goldsmiths valued a shilling thereof at no more than two silver pence, though they acknowledged the same to be worth two pence halfpenny." (Fynes Moryson's "Itinerary," pt. i., p. 283). [T.S.]]
Lastly, it is added that "such patents are in no manner derogatory or invasive of any liberty or privilege of the King's subjects of Ireland." If this proposition be true, as it is here laid down, without any limitation either expressed or implied, it must follow that a King of England may at any time coin copper money for Ireland, and oblige his subjects here to take a piece of copper under the value of half a farthing for half-a-crown, as was practised by the late King James, and even without that arbitrary prince's excuse, from the necessity and exigences of his affairs. If this be in no manner "derogatory nor evasive of any liberties or privileges of the subjects of Ireland," it ought to have been expressed what our liberties and privileges are, and whether we have any at all, for in specifying the word Ireland, instead of saying "His Majesty's subjects," it would seem to insinuate that we are not upon the same foot with our fellow-subjects in England; which, however the practice may have been, I hope will never be directly asserted, for I do not understand that Poining's act[13] deprived us of our liberty, but only changed the manner of passing laws here (which however was a power most indirectly obtained) by leaving the negative to the two Houses of Parliament. But, waiving all controversies relating to the legislature, no person, I believe, was ever yet so bold as to affirm that the people of Ireland have not the same title to the benefits of the common law, with the rest of His Majesty's subjects, and therefore whatever liberties or privileges the people of England enjoy by common law, we of Ireland have the same; so that in my humble opinion, the word Ireland standing in that proposition, was, in the mildest interpretation, a lapse of the pen.
[Footnote 13: It was not intended that Poyning's act should interfere with the liberty of the people, but it is undoubted that advantage was taken of this law, and an interpretation put on it far different from the intention that brought it on the statute books. It was passed by a parliament convened by Sir Edward Poyning, at Drogheda, in the tenth year of Henry VII.'s reign. Its immediate cause was the invasion of Perkin Warbeck. That pretender assumed royal authority in Ireland and had several statutes passed during his short-lived term of power. To prevent any viceroy from arrogating to himself the powers of law-making it was enacted by Poyning's parliament:
"That no parliament be holden hereafter in Ireland, but at such season as the King's lieutenant and counsaile there first do certifie the King, under the Great Seal of that land, the causes and considerations, and all such acts as them seemeth should pass in the same parliament, and such causes, considerations, and acts affirmed by the King and his counsaile to be good and expedient for that land, and his licence thereupon, as well in affirmation of the said causes and acts, as to summon the said parliament, under his Great Seal of England had and obtained; that done, a parliament to be had and holden as afore rehearsed" ("Irish Statutes," vol. i., p. 44).
Two statutes, one, the Act of 3 and 4 Phil., and Mary, cap. 4, and the other of II Eliz. Ses. 3, cap. 8, explain this act further, and the latter points out the reason for the original enactment, namely, that "before this statute, when liberty was given to the governors to call parliaments at their pleasure, acts passed as well to the dishonour of the prince, as to the hindrance of their subjects" ("Irish Statutes," vol. i., p. 346).
"By Poyning's Law," says Lecky, "a great part of the independence of the Irish Parliament had indeed been surrendered; but even the servile Parliament which passed it, though extending by its own authority to Ireland laws previously enacted in England, never admitted the right of the English Parliament to make laws for Ireland." ("Hist. Ireland," vol. ii., p. 154; 1892 ed). [T.S.]]
The Report farther asserts, that "the precedents are many, wherein cases of great importance to Ireland, and that immediately affected the interests of that kingdom, warrants, orders, and directions by the authority of the King and his predecessors, have been issued under the royal sign manual, without any previous reference or advice of His Majesty's officers of Ireland, which have always had their due force, and have been punctually complied with, and obeyed." It may be so, and I am heartily sorry for it, because it may prove an eternal source of discontent. However among all these precedents there is not one of a patent for coining money for Ireland.
There is nothing hath perplexed me more than this doctrine of precedents. If a job is to be done, and upon searching records you find it hath been done before, there will not want a lawyer to justify the legality of it, by producing his precedents, without ever considering the motives and circumstances that first introduced them, the necessity or turbulence or iniquity of times, the corruptions of ministers, or the arbitrary disposition of the prince then reigning. And I have been told by persons eminent in the law, that the worst actions which human nature is capable of, may be justified by the same doctrine. How the first precedents began of determining cases of the highest importance to Ireland, and immediately affecting its interest, without any previous reference or advice to the King's officers here, may soon be accounted for. Before this kingdom was entirely reduced by the submission of Tyrone in the last year of Queen Elizabeth's reign, there was a period of four hundred years, which was a various scene of war and peace between the English pale and the Irish natives, and the government of that part of this island which lay in the English hands, was, in many things under the immediate administration of the King. Silver and copper were often coined here among us, and once at least upon great necessity, a mixed or base metal was sent from England. The reign of King James Ist. was employed in settling the kingdom after Tyrone's rebellion, and this nation flourished extremely till the time of the massacre 1641. In that difficult juncture of affairs, the nobility and gentry coined their own plate here in Dublin.
By all that I can discover, the copper coin of Ireland for three hundred years past consisted of small pence and halfpence, which particular men had licence to coin, and were current only within certain towns and districts, according to the personal credit of the owner who uttered them, and was bound to receive them again, whereof I have seen many sorts; neither have I heard of any patent granted for coining copper for Ireland till the reign of King Charles II. which was in the year 1680. to George Legge Lord Dartmouth, and renewed by King James II. in the first year of his reign to John Knox. Both patents were passed in Ireland, and in both the patentees were obliged to receive their coin again to any that would offer then twenty shillings of it, for which they were obliged to pay gold or silver.
The patents both of Lord Dartmouth and Knox were referred to the Attorney-general here, and a report made accordingly, and both, as I have already said, were passed in this kingdom. Knox had only a patent for the remainder of the term granted to Lord Dartmouth, the patent expired in 1701, and upon a petition by Roger Moor to have it renewed, the matter was referred hither, and upon the report of the attorney and solicitor, that it was not for His Majesty's service or the interest of the nation to have it renewed, it was rejected by King William. It should therefore seem very extraordinary, that a patent for coining copper halfpence, intended and professed for the good of the kingdom, should be passed without once consulting that kingdom, for the good of which it is declared to be intended, and this upon the application of a "poor, private obscure mechanic;" and a patent of such a nature, that as soon as ever the kingdom is informed of its being passed, they cry out unanimously against it as ruinous and destructive. The representative of the nation in Parliament, and the Privy-council address the King to have it recalled; yet the patentee, such a one as I have described, shall prevail to have this patent approved, and his private interest shall weigh down the application of a whole kingdom. St. Paul says, "All things are lawful, but all things are not expedient." We are answered that this patent is lawful, but is it expedient? We read that the high-priest said "It was expedient that one Man should die for the people;" and this was a most wicked proposition. But that a whole nation should die for one man, was never heard of before.
But because much weight is laid on the precedents of other patents, for coining copper for Ireland, I will set this matter in as clear a light as I can. Whoever hath read the Report, will be apt to think, that a dozen precedents at least could be produced of copper coined for Ireland, by virtue of patents passed in England, and that the coinage was there too; whereas I am confident, there cannot be one precedent shewn of a patent passed in England for coining copper for Ireland, for above an hundred years past, and if there were any before, it must be in times of confusion. The only patents I could ever hear of, are those already mentioned to Lord Dartmouth and Knox; the former in 1680. and the latter in 1685. Now let us compare these patents with that granted to Wood. First, the patent to Knox, which was under the same conditions as that granted to Lord Dartmouth, was passed in Ireland, the government and the Attorney and Solicitor-general making report that it would be useful to this kingdom: [The patentee was obliged to make every halfpenny one hundred and ten grains Troy weight, whereby 2s. 2d. only could be coined out of a pound of copper.][14] The patent was passed with the advice of the King's council here; The patentee was obliged to receive his coin from those who thought themselves surcharged, and to give gold and silver for it; Lastly, The patentee was to pay only 16l. 13s. 4d. per ann. to the crown. Then, as to the execution of that patent. First, I find the halfpence were milled, which, as it is of great use to prevent counterfeits (and therefore industriously avoided by Wood) so it was an addition to the charge of coinage. And for the weight and goodness of the metal; I have several halfpence now by me, many of which weigh a ninth part more than those coined by Wood, and bear the fire and hammer a great deal better; and which is no trifle, the impression fairer and deeper. I grant indeed, that many of the latter coinage yield in weight to some of Wood's, by a fraud natural to such patentees; but not so immediately after the grant, and before the coin grew current: For in this circumstance Mr. Wood must serve for a precedent in future times. |
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