Secondly, How far the prerogative extends to force coin upon the subject, which is not sterling; such as lead, brass, copper, mixt metal, shells, leather, or any other material; and fix upon it whatever denomination the crown shall think fit?
Thirdly, What is really and truly meant by that phrase of "a depending kingdom," as applied to Ireland; and wherein that dependency consisteth?
Lastly, In what points relating to liberty and property, the people of Ireland differ, or at least ought to differ, from those of England?
If these particulars were made so clear, that none could mistake them, it would be of infinite ease and use to the kingdom; and either prevent or silence all discontents.
My Lord Somers, the greatest man I ever knew of your robe; and whose thoughts of Ireland differed as far as heaven and earth, from those of some others among his brethren here; lamented to me, that the prerogative of the Crown, or the privileges of Parliament, should ever be liable to dispute, in any single branch of either; by which means, he said, the public often suffered great inconveniences; whereof he gave me several instances. I produce the authority of so eminent a person, to justify my desires, that some high points might be cleared.
For want of such known ascertainment, how far a writer may proceed in expressing his good wishes for his country; a person of the most innocent intentions, may possibly, by the oratory and comments of lawyers, be charged with many crimes, which from his very soul he abhors; and consequently may be ruined in his fortunes, and left to rot among thieves in some stinking jail; merely for mistaking the purlieus of the law. I have known, in my lifetime, a printer prosecuted and convicted, for publishing a pamphlet; where the author's intentions, I am confident, were as good and innocent, as those of a martyr at his last prayers.[12] I did very lately, as I thought it my duty, preach to the people under my inspection, upon the subject of Mr. Wood's coin; and although I never heard that my sermon gave the least offence, as I am sure none was intended; yet, if it were now printed and published, I cannot say, I would ensure it from the hands of the common hangman; or my own person from those of a messenger.[13]
[Footnote 12: Supposed to be "A proposal for the universal use of Irish manufactures," written by the author. [F.]
[Footnote 13: The reference here is to Swift's sermon on "Doing Good." See Swift's Works, vol. iv., p. 181, present edition. [T.S.]
I have heard the late Chief Justice Holt[14]affirm, that in all criminal cases, the most favourable interpretation should be put upon words, that they can possibly bear. You meet the same position asserted in many trials, for the greatest crimes; though often very ill practised, by the perpetual corruption of judges. And I remember, at a trial in Kent, where Sir George Rook[15] was indicted for calling a gentleman knave and villain; the lawyer for the defendant brought off his client, by alleging, that the words were not injurious; for, knave in the old and true signification, imported only a servant; and villain in Latin, is villicus; which is no more than a man employed in country labour; or rather a bailiff.
[Footnote 14: Sir John Holt (1642-1710) held the recordership of London, in 1685, and was appointed Lord Chief Justice of the King's Bench in 1688. In the celebrated case, Ashby v.. White, Holt strongly upheld the rights of the voter as against the House of Commons. He was distinguished, in his time, for the fair and impartial hearing he always accorded a prisoner, and he even personally assisted the accused in cases where the law did not allow him to be represented by counsel. Many of Holt's opinions did become "standard maxims." [T.S.]