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 16_l_ _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 800_l_ _per annum_
is reserved unto your Majesty,[3] and 200_l 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.