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current coin of the realm; that was permitted by a proclamation of the lord lieutenant, and could in the same manner be withdrawn.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 £100. 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).