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.

[Footnote 14: The portion here in square brackets was printed in the

fourth edition of this Letter and in the work entitled, "Fraud

Detected." It is not given in Faulkner's first collected edition issued

in 1735, nor in "The Hibernian Patriot," issued in 1730. [T.S.]]

Let us now examine this new patent granted to William Wood. It passed

upon very false suggestions of his own, and of a few confederates: It

passed in England, without the least reference hither. It passed unknown

to the very Lord Lieutenant, then in England. Wood is empowered to coin

one hundred and eight thousand pounds, "and all the officers in the

kingdom (civil and military) are commanded" in the Report to countenance

and assist him. Knox had only power to utter what we would take, and was

obliged "to receive his coin back again at our demand," and to "enter

into security for so doing." Wood's halfpence are not milled, and

therefore more easily counterfeited by himself as well as by others:

Wood pays a thousand pounds _per ann._ for 14 years, Knox paid only

_16l. 13s. 4d. per ann._ for 21 years.

It was the Report that set me the example of making a comparison between

those two patents, wherein the committee was grossly misled by the false

representation of William Wood, as it was by another assertion, that

seven hundred ton of copper were coined during the 21 years of Lord

Dartmouth's and Knox's patents. Such a quantity of copper at the rate of

_2s. 8d. per_ pound would amount to about an hundred and ninety thousand

pounds, which was very near as much as the current cash of the kingdom

in those days; yet, during that period, Ireland was never known to have

too much copper coin, and for several years there was no coining at all:

Besides I am assured, that upon enquiring into the custom-house books,

all the copper imported into the kingdom, from 1683 to 1692, which

includes 8 years of the 21 (besides one year allowed for the troubles)

did not exceed 47 tons, and we cannot suppose even that small quantity

to have been wholly applied to coinage: So that I believe there was

never any comparison more unluckily made or so destructive of the design

for which it was produced.

The Psalmist reckons it an effect of God's anger, when "He selleth His

people for nought, and taketh no money for them." That we have greatly

offended God by the wickedness of our lives is not to be disputed: But

our King we have not offended in word or deed; and although he be God's

vicegerent upon earth, he will not punish us for any offences, except

those which we shall commit against his legal authority, his sacred

person (which God preserve) or the laws of the land.

The Report is very profuse in arguments, that Ireland is in great want

of copper money.[15] Who were the witnesses to prove it, hath been shewn

already, but in the name of God, Who are to be judges? Does not the

nation best know its own wants? Both Houses of Parliament, the

Privy-council and the whole body of the people declare the contrary: Or

let the wants be what they will, We desire they may not be supplied by

Mr. Wood. We know our own wants but too well; they are many and grievous

to be borne, but quite of another kind. Let England be satisfied: As

things go, they will in a short time have all our gold and silver, and

may keep their adulterate copper at home, for we are determined not to

purchase it with our manufactures, which Wood hath graciously offered to

accept. Our wants are not so bad by an hundredth part as the method he

hath taken to supply them. He hath already tried his faculty in

New-England,[16] and I hope he will meet at least with an equal

reception here; what _that_ was I leave to public intelligence. I am

supposing a wild case, that if there should be any person already

receiving a monstrous pension out of this kingdom, who was instrumental

in procuring this patent, they have either not well consulted their own

interests, or Wood must[17] put more dross into his copper and still

diminish its weight.

[Footnote 15: On this subject of the want of small money in Ireland,

Monck Mason traverses the Report in the following manner:

"There appears to be a manifest prevarication in their lordships' report

upon this part of the subject; they state, that the witnesses testified,

that there was a want of small money in Ireland; they attempt,

therefore, to impose a copper currency, which certainly was not wanted.

To satisfy the reader upon this point, I shall quote, from the

unpublished correspondence of Archbishop King, the following extracts:

the first, from his letter to General Gorge, dated the 17th October,

1724, is to the following purpose.

"'... As to our wanting halfpence for change, it is most false; we have

more halfpence than we need, already; it is true, we want change; but it

is sixpences, shillings, half-crowns, and crowns; our silver and our

guineas being almost gone; and the general current coin of the kingdom

is now moydores, which are thirty shillings a-piece; at least nine pence

above the value in silver: now, they would have us change these for

halfpence, and so the whole cash of the kingdom would be these

halfpence.' ...

"But the true state of the case, as to coin, is more circumstantially

developed in the following letter of the same prelate to Mr. Southwell,

which was written a few months before, viz., on the 9th June, 1724.

"'... And yet, after all, we want change, and I will take leave to

acquaint you with the state of this kingdom as to coin. We used to have

hardly any money passing here, but foreign ducatoons, plate pieces,

perns, dollars, etc. but, when the East India Company were forbid

sending the coin of England abroad, they continued to buy up all our

foreign coin, and give us English money in lieu of some part of it; by

which we lost twopence in every ounce, the consequence of this was, that

in two years there was not to be seen in Ireland a piece of foreign

silver.

"'If any be brought, it is immediately sent away, the two, or as I am

informed, the three pence in the ounce, given by the East India Company,

being a temptation not to be resisted; but, the truth is, very little is

brought in, for the merchants that carry our commodities to foreign

markets, find it more to their advantage to carry directly to London

whatever they receive in cash; and whereas formerly they used, when they

had disposed of their cargo, to load their vessels with such commodities

as there was a demand for in Ireland, and bring the rest in cash, they

bring now only the commodities, and send the silver to London; and when

they have got the twopence in every ounce from the East India Company,

the rest serves to answer the returns we are obliged to make to England,

for the rents we are obliged to pay to noblemen and gentlemen who have

estates in Ireland and live in England, and for the pensions, and other

occasions which are many; by this means they gain likewise the exchange,

which is commonly four or five per cent, better to them than if they

sent cash.

"'It Is farther to be observed, that 21 shillings, which is the value of

a guinea in England, makes in Ireland 22 shillings and 9 pence, whereas

a guinea passes for 23 shillings with us, therefore, he who sends silver

into England, gains three pence more by it than if he sent guineas; this

advantage, though it may seem little, yet in a manner has entirely

drained us of our English money which was given in lieu of foreign

silver.

"'But farther, if any carry foreign gold to England, they cannot easily

pass it, and if they do, it is at a greater loss than there is in the

guineas, this has taken away our guineas, so that there is hardly one to

be seen; we have hardly any coin left but a few moydores and pistoles,

which can, by no means, serve the inland trade of the kingdom.

"'To give, therefore, a short view of our case, it is thus; We can have

English coin but by stealth, there being an act of parliament forbidding

the exportation of English coin; if, therefore, we should send our gold

or silver to England to be coined, we cannot have it back again, or if

we could, we cannot keep it for the reason above; we cannot for the same

reason have foreign silver; let us add to these, that by the act of

navigation and other acts, we cannot make our markets of buying where we

make our markets for selling; though we might have the commodities we

want much cheaper there, than we can have them in England, viz. all East

India and Turkey goods, with many others: nor is it to be expected that

any nation will trade with us with their silver only, when we will not

exchange commodities with them.

"'Except, therefore, England designs entirely to ruin Ireland, a kingdom

by which it is demonstrable that she gains yearly thirteen or fourteen

hundred thousand pounds, she ought to think of giving us some relief'"

("History of St. Patrick's," pp. xciii-xciv). [T.S.]]

[Footnote 16: See note on p. 14. [T.S.]]

[Footnote 17: Another hint at the Duchess of Kendal and her connection

with the patent. [T.S.]]

Upon Wood's complaint that the officers of the King's revenue here had

already given orders to all the inferior officers not to receive any

of his coin, the Report says, That "this cannot but be looked upon as a

very extraordinary proceeding," and being contrary to the powers given

in the patent, the Committee say, They "cannot advise His Majesty to

give directions to the officers of the revenue here, not to receive or

utter any of the said coin as has been desired in the addresses of both

Houses," but on the contrary, they "think it both just and reasonable

that the King should immediately give orders to the commissioners of the

revenue, &c. to revoke all orders, &c. that may have been given by them

to hinder or obstruct the receiving the said coin." And accordingly, we

are told, such orders are arrived.[18]. Now this was a cast of Wood's

politics; for his information was wholly false and groundless, which he

knew very well; and that the commissioners of the revenue here were

all, except one, sent us from England, and love their employments too

well to have taken such a step: But Wood was wise enough to consider,

that such orders of revocation would be an open declaration of the crown

in his favour, would put the government here under a difficulty, would

make a noise, and possibly create some terror in the poor people of

Ireland. And one great point he hath gained, that although any orders of

revocation will be needless, yet a new order is to be sent, and perhaps

already here, to the commissioners of the revenue, and all the King's

officers in Ireland, that Wood's "halfpence be suffered and permitted,

without any let, suit, trouble, molestation or denial of any of the

King's officers or ministers whatsoever, to pass and be received as

current money by such as shall be willing to receive them." In this

order there is no exception, and therefore, as far as I can judge, it

includes all officers both civil and military, from the Lord High

Chancellor to a justice of peace, and from the general to an ensign: So

that Wood's project is not likely to fail for want of managers enough.

For my own part, as things stand, I have but little regret to find

myself out of the number, and therefore I shall continue in all humility

to exhort and warn my fellow-subjects never to receive or utter this

coin, which will reduce the kingdom to beggary by much quicker and

larger steps than have hitherto been taken.[19]

[Footnote 18: Archbishop King's letter, quoted by Monck Mason, explains

why it was that the revenue officers refused to receive Wood's coins. It

seems the officers had been advised by lawyers that, in the event of

their taking the coins, it might be quite likely they would be compelled

to make them good, should such a demand be made of them. Precedents

could easily be cited by those taking action, since all previous patents

issued to private individuals for coining money, required of the

patentee to take them back and pay for them with gold or silver. [T.

S.]]

[Footnote 19: The suggestion thus made by the Lords of the Committee,

although coupled with the reduction in the amount of money Wood was to

be permitted to introduce, did not do any good. Archbishop King argued

rightly that this was treating the people of Ireland as if they were

fools and children. If Wood could coin £40,000, what was to prevent him

coining £200,000? The suggestion indeed irritated the people almost as

much as did the patent itself. [T.S.]]

The Prose Works of Jonathan Swift, D.D. — Volume 06 The Drapier's Letters · 第 7 / 20 段