By this statute, no person is to be reckoned a contemner of the King's majesty, and for that crime to be committed to prison; but he who refuses to accept the King's coin made of lawful metal, by which, as I observed before, silver and gold only are intended.
That this is the true construction of the act, appears not only from the plain meaning of the words, but from my Lord Coke's observation upon it. "By this act" (says he) "it appears, that no subject can be forced to take in buying or selling or other payments, any money made but of lawful metal; that is, of silver or gold."[28]
[Footnote 28: 2 Inst. 577. [ORIG. ED.]
The law of England gives the King all mines of gold and silver, but not the mines of other metals, the reason of which prerogative or power, as it is given by my Lord Coke[29] is, because money can be made of gold and silver, but not of other metals.
[Footnote 29: 2 Inst. 577. [ORIG. ED.]
Pursuant to this opinion halfpence and farthings were anciently made of silver, which is most evident from the act of Parliament of Henry the 4th. chap. 4.[30] by which it is enacted as follows: "Item, for the great scarcity that is at present within the realm of England of halfpence and farthings of silver, it is ordained and established that the third part of all the money of silver plate which shall be brought to the bullion, shall be made in halfpence and farthings." This shews that by the word "halfpenny" and "farthing" of lawful money in that statute concerning the passing of pence, are meant a small coin in halfpence and farthings of silver.
[Footnote 30: Swift makes an incorrect reference here. The act was 4 Henry IV., cap. 10. [T.S.]
This is further manifest from the statute of the ninth year of Edward the 3d. chap. 3. which enacts, "That no sterling halfpenny or farthing be molten for to make vessel, nor any other thing by the goldsmiths, nor others, upon forfeiture of the money so molten" (or melted).
By another act in this King's reign[31] black money was not to be current in England, and by an act made in the eleventh year of his reign chap. 5. galley halfpence were not to pass, what kind of coin these were I do not know, but I presume they were made of base metal, and that these acts were no new laws, but farther declarations of the old laws relating to the coin.
[Footnote 31: The act against black money was passed in Henry IV.'s reign not Edward III.'s. The "galley halfpence" were dealt with by 9 Hen. IV., cap. 4. [T.S.]