He thought they were not worthy to be trusted again:——
To shew them pity, in his mind, would betray the Romans to perpetual danger: Et exemplo trahenti
I hear some precedents have been lately found out to justify that memorable action; but if precedents must control reason and justice, if a man may swear he will keep his counsels secret, and yet by precedents may be forced to divulge them, I would advise gentlemen very seriously to consider, the danger we are in; and examine what precedents there are on each side of the question, for my part I think the commons of England are not a worse precedent than the judges of England.
Besides it must be remembered that precedents in some cases will not excuse a judge, even where they are according to the undoubted law of the land, as for instance,
Suppose a man says what is true, not knowing it to be true, though it be logically a truth as it is distinguished, yet it is morally false; and so, suppose a judge give judgment according to law, not knowing it to be so, as if he did not know the reason of it at that time, but bethought himself of a reason or precedent for it afterwards, though the judgment be legal and according to precedent, yet the pronouncing of it is unjust; and the judge shall be condemned in the opinions of all men: As happened to the Lord Chief Justice Popham a person of great learning and parts, who upon the trial of Sir Walter Raleigh; when Sir Walter objected to reading or giving in evidence, Lord Cobham's affidavit, taken in his absence, without producing the lord face to face, the lord being then forthcoming: The chief justice overruled the objection, and was of opinion it should be given in evidence against Sir Walter, and summing up the evidence to the jury the chief justice said, "Just then it came into his mind why the accuser should not come face to face to the prisoner, because, &c." Now if any judge has since found precedents, or has since picked up the opinion of lawyers, I fear he will come within the case I have put.
I foresee, if ever this question happens to be debated, you know where, gentlemen will be divided; Some will be desirous to do their country justice and free us from all future danger of this kind; Others upon motives not quite so laudable, will strive to screen, and with others private friendship will prevail: But I would recommend to your friends, who really love their country, to consider the several circumstances concurring in your lordship which probably may not in your successor: Let them suppose a person were to fill your place, from whose manifest ignorance in the law, we may reasonably conclude, his only merit is an inveteracy and hatred to this country. I say how could your best friends excuse themselves, if in regard to your lordship they should suffer such a precedent to be handed down to such a man unobserved or uncensured?
Invenit etiam aemulos infaelix nequitia—Ambitious men have not always been deterred by the unhappy fate of their predecessors, Quid si floreat vigeatque? But what lengths will they run if injustice and corruption shall ride triumphant?
Had somebody received a reprimand upon his knees in a proper place, for treating a printer's jury like men convict of perjury, forcing them to find a special verdict, I dare to say he had not been quite so hardy as to have discharged the grand jury or treated them in the manner he did, because they had not an implicit faith in the court; nor had he dared not to receive a presentment made by the second grand jury against Wood's farthings upon pretence it was informal, which I mention because the worthy Drapier has mistaken the fact.
Some of your lordship's screens I hear advise you to shew great humility and contrition for what's past, as the only means to appease the just indignation all sorts of men have conceived against you.——Were I well secured you will not recommend this letter to the next grand jury to be presented, I could give you more seasonable advice, but happen as it may I will venture to give you a little.
Fawning and cajoling will have but little effect on those who have had the honour of your acquaintance these ten years past, for Caligula who used to hide his head if he heard the thunder, would piss upon the statues of the gods when he thought the danger over—A better expedient is this,——
Tell men the Drapier is a Tory and a Jacobite.—That he writ "The Conduct of the Allies."—That he writ not his letters with a design to keep out Wood's halfpence, but to bring in the Pretender; persuade them if you can, the dispute is no longer about the power of judges over juries, nor how much the liberty of the subject is endangered by dissolving them at pleasure, but that it is now become mere Whig and Tory, a dispute between His Majesty's friends and the Jacobites, and 'twere better to see a thousand grand juries discharged than the Tories carry a question though in the right.—Haec vulnera pro libertate publica excepi, hunc oculum pro vobis impendi. Try this cant, pin a cloth over your eyes, look very dismal, and cry, "I was turned out of employment, when the Drapier was rewarded with a Deanery," I say, my lord, if you can once bring matters thus to bear, I have not the least doubt you may escape without censure.
To your lordship's zeal and industry without doubt is owing, that the Papists and the Tories have not delivered this kingdom over to the Pretender, so Caesar conquered Pompey that Legum auctor et eversor, and 'twas but just the liberty and laws of Rome should afterwards depend upon his will and pleasure.——The Drapier in his letter to Lord Molesworth has made a fair offer, "Secure his country from Wood's coinage," then condemn all he has writ and said as false and scandalous, when your lordship does as much I must confess it will be somewhat difficult to discover the impostor.
Thus to keep my word with your lordship, I have much against my inclinations writ this, which shall be my last upon the ungrateful subject.—If I have leisure, and find a safe opportunity of giving it to the printer, my next shall explain what has long duped the true Whigs of this kingdom. I mean honesty in the "worst of times."
Though your lordship object to my last, that what I writ was taken out of Lord Coke, Lord Somers, Sir Will. Jones, or the writings of some other great men, yet I will venture to end this with the sentiments of Philip de Comines upon some thorough-going courtiers.
"If a sixpenny tax is to be raised, they cry by all means it ought to be double. If the prince is offended with any man, they are directly for hanging him. In other instances, they maintain the same character. Above all things they advise their king to make himself terrible, as they themselves are proud, fierce, and overbearing, in hopes to be dreaded by that means, as if authority and place were their inheritance."
Whereas several great quantities of base metal coined, commonly called Wood's halfpence, have been brought into the port of Dublin, and lodged in several houses of this city, with an intention to make them pass clandestinely, among His Majesty's subjects of this kingdom; notwithstanding the addresses of both houses of parliament and the privy-council, and the declarations of most of the corporations of this city against the said coin; And whereas His Majesty hath been graciously pleased to leave his loyal subjects of this kingdom at liberty to take or refuse the said halfpence.
[Footnote 1: Chief Justice Whitshed, after browbeating the Grand Jury that threw out the Bill against Harding for printing the fourth Drapier's letter, discharged it, and called another Grand Jury. The second Grand Jury not only repeated the verdict of the first, but issued the following expression of its opinion on the matter of Wood and his patent. [T.S.]]
We the Grand Jury of the county of the city of Dublin, this Michaelmas term, 1724, having entirely at heart His Majesty's interest and the welfare of our country, and being thoroughly sensible of the great discouragement which trade hath suffered by the apprehensions of the said coin, whereof we have already felt the dismal effects, and that the currency thereof will inevitably tend to the great diminution of His Majesty's revenue, and the ruin of us and our posterity: do present all such persons as have attempted, or shall endeavour by fraud or otherwise, to impose the said halfpence upon us, contrary to His Majesty's most gracious intentions, as enemies to His Majesty's government, and to the safety, peace and welfare of all His Majesty's subjects of this kingdom, whose affections have been so eminently distinguished by their zeal to his illustrious family, before his happy accession to the throne, and by their continued loyalty ever since.
As we do with all just gratitude acknowledge the services of all such patriots, as have been eminently zealous for the interest of His Majesty, and this country, in detecting the fraudulent impositions of the said Wood, and preventing the passing his base coin: So we do at the same time declare our abhorrence and detestation of all reflections on His Majesty, and his government, and that we are ready with our lives and fortunes to defend his most Sacred Majesty against the Pretender and all His Majesty's open and secret enemies both at home and abroad: Given under our hands at the Grand Jury Chamber this 28th, November, 1724.[2]
[Footnote 2: On August 20th, 1724, the Grand Jury, and the other inhabitants of the Liberty of the Dean and Chapter of St. Patrick's waited on the Dean, and read him the following Declaration, desiring him to give orders for its publication:
"The Declaration of the Grand-Jury, and the rest of the inhabitants of the Liberty of the Dean and Chapter of St. Patrick's, Dublin.
"We, the Grand-Jury, and other inhabitants of the Liberty of the Dean and Chapter of St. Patrick's, Dublin, whose names are underwritten, do unanimously declare and determine, that we never will receive or pay any of the half-pence or farthings already coined, or that shall hereafter be coined, by one William Wood, being not obliged by law to receive the same; because we are thoroughly convinced by the Addresses of both Houses of Parliament, as well as by that of his Majesty's most honourable Privy-Council, and by the universal opinion of the whole kingdom, that the currency of the said half-pence and farthings would soon deprive us of all our gold and silver, and therefore be of the most destructive consequence to the trade and welfare of the nation." [T. S.]]
"Oct. 27th, 1724.
"A proclamation for discovering ye Author of ye Pamphlet intituled A letter to ye whole people of Ireland, by M.B. Drapier, author of the Letter to the Shop-keepers, etc.
£300 Reward
A Proclamation.
"Whereas a wicked and malicious pamphlet, intituled A Letter to the whole people of Ireland, by M.B. Drapier, author of the Letter to the Shop-keepers, etc., printed by John Harding, in Molesworth's Court, in Fishamble Street, Dublin, in which are contained several seditious and scandalous paragraphs highly reflecting upon his Majesty and his Ministers, tending to alienate the affections of his good subjects of England and Ireland from each other, and to promote sedition among the people, hath been lately printed and published in this kingdom: We, the Lord-Lieutenant and Council do hereby publish and declare that, in order to discover the author of the said seditious pamphlet, we will give the necessary orders for the payment of three hundred pounds sterling, to such person or persons as shall within the specified six months from this date hereof, discover the author of the said pamphlet, so as he be apprehended and convicted thereby.
"Given at the council chamber in Dublin, this twenty-seventh day of October, one thousand seven hundred and twenty-four.
"(Signed) Midleton Cancer. Shannon; Donnerail; G. Fforbes; H. Meath; Santry; Tyrawly; Fferrars; William Conolly; Ralph Gore; William Whitshed; B. Hale; Gust. Hume; Ben Parry; James Tynte; R. Tighe; T. Clutterbuck.
"God Save the King."
It is very interesting and even curious to note, that the signatories to the public expression of their attitude towards Wood and his patent, as shown by the Proclamation, should have almost all of them signed another document, in their capacities of Privy Councillors, which addressed his Majesty against Wood and the patent. So far as I can learn, Monck Mason seems to have been the first historian to discover it; nor do I find the fact mentioned by any of Swift's later biographers.
"It was rumoured in Swift's time," says Monck Mason, "but not actually known to him" (see Drapier's Sixth Letter), "that the Irish Privy Council had addressed his Majesty against Mr. Wood's coin. Having inspected the papers of the Council office, I shall lay before the reader the particulars of this event, which were never promulgated, probably, because they had not the desired effect, the premier [Walpole] having determined, notwithstanding all opposition or advice, to persevere in his ill-judged project.
"On the 17th April, 1724, at a meeting of the Council, in which the Duke of Grafton himself presided, it was ordered, that it should be referred to a committee of the whole board, or of any seven or more, 'to consider what was proper to be done to allay and quiet the great fears of the people, occasioned by their apprehensions of William Wood's copper money becoming current among them,' On the 6th of May, the committee reported, that they had considered the matter referred to them, and were of opinion, that an address should be sent to his Majesty, of which they then presented a draught. It was again on the 19th, referred to a committee of the whole board to prepare a letter, which was accordingly done on the next day.—The report was as follows:
"'To the King's Most Excellent Majesty, the humble address of the Lords Justices, and Privy-Council.
"'May it please your Majesty,
"'We, your Majesty's most dutiful and loyal subjects, the Lords Justices and Privy Council, most humbly beg leave, at this time, to give an instance of that duty, which, as upon all other occasions, so more especially upon such as are of the greatest moment and importance, we hold ourselves always bound to pay to your Majesty.
"'Your Majesty's great council, the High Court of Parliament, being now prorogued, we conceive ourselves bound, by the trust which your Majesty has been pleased to repose in us, and the oaths we have taken, with all humility to lay before your Majesty the present state of this your kingdom, with reference to a great evil that appears to threaten it, to which, if a speedy remedy be not applied, the unavoidable consequence, as we apprehend, will be, the ruin of multitudes of your Majesty's subjects, together with a great diminution of your revenue.
"'Though the fears of your Majesty's subjects of this kingdom, in relation to the coinage of copper half-pence and farthings, were, in a great measure, allayed by your Majesty's most gracious resolution to do every thing in your power for the satisfaction of your people, expressed in your Majesty's answer to the addresses of both Houses of Parliament; yet, the repeated intelligence from Great Britain, that William Wood has the assurance to persist in his endeavours to introduce his copper half-pence and farthings amongst us, has again alarmed your faithful subjects, to such a degree, as already to give a great check to our inland trade. If the letters patent granted to William Wood should, in all points, be exactly complied with, the loss to be sustained by taking his half-pence and farthings would be much greater than this poor kingdom is able to bear. But if he, or any other persons, should, for the value of gain, be tempted to coin and import even more than double the quantity he by his patent is allowed to do, your people here do not see how it is possible for your Majesty's chief governors of this your kingdom, to detect or hinder the cheat.
"'It is found by experience, that we have already a sufficient quantity of half-pence, to serve by way of exchange in the retailing trade, which is the only use of such sort of money, of which, therefore, we find ourselves to be in no want.
"'And since, by the letters patent granted to the same William Wood, no man is required or commanded to take the said half-pence or farthings, but the taking them is left at liberty to those who are willing so to do; we most humbly submit it to your royal wisdom and goodness, whether it may not be for your Majesty's service, and the great satisfaction and good of your subjects, and very much tend to the allaying and quieting of their fears, that your Majesty should cause your royal pleasure to be signified to the Commissioners, and other officers of your Majesty's revenue in this kingdom, that they neither receive those half-pence and farthings, nor give countenance or encouragement to the uttering or vending of them; or that some other speedy method may be taken to prevent their becoming current amongst us.'"
Searching among the pamphlets of the Halliday Collection at the Royal Irish Academy, Dublin, I came across a tract of twelve pages, printed by John Whaley of Dublin in 1723, with the following title:
"The Patentee's Computation of Ireland, in a Letter from the Author of the Whitehall Evening-Post concerning the making of Copper-Coin. As also the Case and Address of both Houses of Parliament together with His Majesty's Most Gracious Answer to the House of Lords Address."
The writer of this tract in defence of the patent maintained the following propositions:
(1) That the Kingdom of Ireland wants a Copper Coin.
(2) That the quantity of this coin will be no inconvenience to it.
(3) That it is better than ever the Kingdom had, and as good as (in all probability) they ever will or can have, and that the Patentee's profit is not extravagant, as commonly reported.
(4) That the Kingdom will lose nothing by this coin.
(5) That the public in Ireland will gain considerably by it, if they please.
(6) That the Kingdom will have £100,000 additional cash.
As he states his arguments, they are quite reasonable. On proposition three, if his figures are correct, he is especially convincing. He details the cost of manufacture thus:
"So that the patentee," he concludes, "makes a profit of only 1-1/2d. in the half crown or about 5%."
The tract, however, is more interesting for the reprint it gives of the twenty-eight articles stated by the people in objection to the patent and the coin. I give these articles in full:
Whereas your Honours finding the late Grant or Letters Patents obtained by Mr. William Wood, for making Three Hundred and Sixty Tun weight of copper half-pence for the Kingdom of Ireland, were to be manufactured in London &c. which money is now coining in Bristol, and that the said money was to weigh two shillings and sixpence in each pound weight, and that change was to be uttered or passed for all such as were pleased to take the same in this Kingdom.
That it's humbly conceived Your Honours on considering the following Remarks, will find the permitting such change to pass, exceeding Injurious and Destructive to the Nation.
First. That the same will be a means to drain this Kingdom of all its Gold and Silver, and ten, fifteen, or twenty per cent abated, will most effectually do the same.
2d. That the making such money in England will give great room for counterfeiting that coin, as well in this Kingdom, as where it is made.
3d. That the Copper Mines of this Island which might be manufactured in the nation, is by management shipped off to England by some persons at, or about forty shillings per tun, by others at four pounds and six pounds per ton, which copper when smelted and refined is sold and sent back to this kingdom at two shillings and six pence per pound weight as aforesaid, which is two hundred and eighty pound sterl. per ton.
4th. That two shillings and sixpence per pound weight is making the said coin of very small value, the said coin ought not to weigh or exceed two shillings in each pound weight as the English Halfpence are.
5th. That all such money brought to this Nation manufactured, is to be entered at value, which value is in the Book of Rates, ten per cent duty and excise.
6th. That no security is given to this Nation to make such money in any one point, the same may be found defective in either, as to baseness of metal, workmanship or weight, or to give gold and silver for the same, when the subject was, or may be burthened therewith.
7th. That if such monies as aforesaid be permitted to pass in this nation, all persons that have gold or silver by them would not part therewith, but Brass money must be carried from House to House on Truckles, and in the county by carts and horses, with troops to guard them.
8th. That such money will raise the price of all commodities from abroad, probably to three or four hundred per cent.
9th. That linen, yarn, beef, butter, tallow, hides and all other commodities, will raise to that degree by being bought with half-pence, and workmen paid with brass money, that commissions from abroad will not reach them, therefore such goods must lie on hands and remain a drugg.
10th. That the excise of beer, ale, brandy, &c., and hearth-money will be paid in such coin, the same falling first into the hands of the poor and middling people.
11th. That if any trouble should happen in this nation, no army could be raised with such specie, but an enemy in all appearance would be admitted with their gold and silver, and which would drive the nation before them.
12th. The Courts of Law could not subsist, for all the suits there must be supported and maintained with ready money. Viz. Gold and Silver.
13th. That all the bankers must shut up their shops, no lodgment would be made except Halfpence, such as would lodge their money with them, would rather draw off and cause a run on them, fearing that their specie should be turned into the said brass and copper money.
14th. That such bills as are drawn to the country, viz. Cork, Limerick, Waterford, Kingsale, Deny, &c. The Exchange would be instead of a quarter per cent, twenty per cent and then paid in the said Brass specie, by means of its being brought on cars, carts, or waggons, and guards to attend the same.
15th. That all the rent in the Kingdom would be paid in half-pence; no man would give gold or silver, when he had brass money to pay the same.
16th. That no one can coin or manufacture such a quantity of halfpence or farthings for this Kingdom, out of the same, but either he must be ruined in the undertaking or the nation undone by his project, in taking such light money, by reason of ten per cent, duty, and probably this session be made twenty or thirty per cent duty, and the exchange nine or ten per cent. Ten per cent abated to circulate them. Ten per cent factorage, freight, gabberage, key-porters, &c. all which is forty per cent, charged on the same.
17th. That if the said Wood was obliged to make his light money not to exceed two shillings in the pound weight according to the English coin, he would give up such grant, for six pence in each pound weight is 25 per cent.
18th. That the said twenty-five per cent is 19,360l. sterl. on the said 360 ton of copper, loss to this nation, by being coined out of this Kingdom, besides 80,690l. of gold and silver sent out of the Kingdom for brass or copper money.
19th. That the copper mines of this Kingdom is believed to be the metal such copper is made of, which verifies the English saying, That Irish people are wild, that would part with 200,000l. sterl. of their gold and silver, for their own copper mines, which cost them not one pound sterl.
20th. That the said Wood's factors probably may send in fourteen years double the quantity of copper which is 720 ton, then this Kingdom loses 38,720l. sterl. and parts with 161,280l. sterl. of their gold and silver for almost nothing.
21st. If any great sum was to be raised by this nation, on any emergency extraordinary, to serve his Majesty and his Kingdom how would it be possible to do the same; copper half-pence would not stem the tide, no silver now to be had of value, then no gold to be seen.
22d. That England also must be a great loser by such money, by reason the said half-pence being from 20 to 40 grains lighter and less in value than their own, so that the same will not pass in that Kingdom scarce for farthings a piece, how then shall the vast quantities of goods be paid for, that are brought from that Kingdom here, a considerable part of this island must be broke and run away for want of silver and gold to pay them their debts.
23d. That if the said Wood should get all that money, what power would he regard, and what temptation would he be subject unto on that head, he is but a man, and one almost as little known or heard of, as any one subject the king has on this side the water.
24th. That the vast quantity of sea-coal brought from England here, would not be had for such money; the colliers will keep both their ships and coal at home, before they trade with such a nation, as had their treasure turned into brass money.
25th. That the Army must be paid with such money, none else to be had, they would lay down their arms and do no duty, what blood and confusion then would attend the same.
26th. That no people out of any other Kingdom would come into this country to dwell, either to plant or sow, where all their money must be brass.
27th. That the beautiful Quay and river of Dublin which is now lined and filled with ships in a most delightful order, would then be scattered to other harbours, as also the new Range, there and now a building, would be left, nothing but empty places all as doleful as the weeping river, deserted by her fleets and armies of merchants and traders.
28th. That the aforesaid scheme is to be viewed and considered by a King and Parliament, that will do themselves and their nation justice, who will with hearts and hands, stem that tide and current, as never to suffer so dutiful and loyal a people to be ruined and undone without relief.
The following descriptions of the various varieties of Wood's coins, taken from a note in Monck Mason's "History of St. Patrick's Cathedral" (ed. 1819, pp. xcvi-xcvii), may be interesting to the student. The two varieties of the coins given as illustrations in this volume are reproduced from specimens in the British Museum.
Monck Mason obtains his information from Simon's "Essay on Irish Coins," Dublin, 1749, 4to; Snelling's Supplement to Simon issued in 1767; and the edition of Simon's work reprinted in 1810.
With the exception of No. II. of this list all of Wood's coins had, on one side, "the king's head laureat, looking to the left, with this inscription, GEORGIUS, DEI GRATIA, REX. On the reverse is the figure of Ireland, represented by a woman sitting, beside her, a harp: the differences consist chiefly, in variations in the attitude of the figure, and in the date of the coin."
No. I. 1722.—Hibernia, with both her hands on the harp, which is placed on her right side; her figure is full front, but she looks towards the right; round her this inscription, HIBERNIA, 1722. (Simon, plate 7, Numb. 160)
No. II. 1722.—Hibernia is seated as in the last, but has her head turned to the left, on which side there is a rock; round her is inscribed, HIBERNIA; in the exergue, 1722; on the obverse the usual head, the inscription, GEORGIUS D.G. REX. (Snelling, plate 2, Numb. 24.)
No. III. 1722.—Hibernia, in profile, looking to the left, holding, in her right hand, a palm branch, resting her left on a harp; round it, HIBERNIA, 1722. (Simon, plate 7, Numb. 161.)
No. IV. 1723.—Hibernia, as in the last; round her, HIBERNIA, 1723. (Simon, plate 8, Numb. 169.)
It was some of this coin that was submitted to Sir Isaac Newton for assay.
No. V. 1724.—Hibernia, as in the last two, differing only in the date. (Mentioned by Simon, but no engraving given.)
No, VI. 1724.—Hibernia, seated as in the three preceding; round her, HIBERNIA: in the exergue, 1724. (Snelling, plate 2, Numb. 26.)
Mason notes of this specimen: "Mr. Snelling does not specify, particularly, in what respect this coin differs from those which precede; his words are, 'different from any other, and very good work, especially the halfpenny, which is the finest and broadest piece of his money I ever saw, and belongs to Mr. Bartlet.' They do not, however, appear to have attained to circulation in Ireland. A few might, perhaps, have been struck off by the patentee, to distribute among his own, and the minister's friends."
No. VII.—Mr. Snelling mentions, "another halfpenny, which has Hibernia pointing up with one hand to a sun in the top of the piece"; but of this he has not given any engraving.