According to your Lordships' Order, the pix of the copper-money coined at Bristol by Mr. Wood for Ireland, has been opened and tried before us at his Majesty's Mint in the Tower; and by the Comptroller's account, to which Mr. Wood agreed, there hath been coined from Lady-day 1723 to March 28, 1724, in half-pence, fifty and five tons, five hundred and three quarters, and twelve ounces, and in farthings, three tons, seventeen hundred and two quarters, ten pounds, and eight ounces, _avoirdupois_, the whole coinage amounting to 59 tons, 3 cwt, 1 qr.

11 lbs. 4 ozs., and by the specimens of this coinage which have, from time to time, been taken from the several parcels coined and sealed up in papers, and put into the pix, we found that sixty half-pence weighed fourteen ounces, _Troy_, and eight pennyweight, which is about a quarter of an ounce above one pound _avoirdupois_; and that thirty farthings weighed three ounces, and three quarters of an ounce _Troy_, and forty-six grains, which is also above the weight required by his Patent.

We found also that both half-pence and farthings when heated red hot, spread thin under the hammer without cracking, as your Lordships may see by the pieces now laid before your Lordships. But although the copper was very good, and the money, one piece with another, was full weight, yet the single pieces were not so equally coined in the weight as they should have been.

[Footnote 1: The copy of this Report as here printed is taken from the tract already quoted in previous notes, ent.i.tled, "A Defence of the Conduct of the People of Ireland in their unanimous Refusal of Mr.

Wood's Copper-money ... Dublin: Printed for George Ewing, at the Angel and Bible in Dames-Street, MDCCXXIV." As already noted, the a.s.sayists had for trial only those coins which were coined between March, 1723, and March, 1724, and these coins were neither imported into Ireland nor attempted to be uttered there. As Wood asked for the a.s.say, he no doubt knew what he was about. But even as it stands, the Report was not very favourable to him. The author of the tract named above enters minutely into this point, and for a further inquiry the reader is referred to pages 15 to 19 of his publication. [T.S.]]

"We found also that thirty and two old half-pence coined for Ireland in the reigns of King Charles 2d., King James 2d., and King William 3d. and Queen Mary, and produced by Mr. Wood, weighed six ounces and eight pennyweight _Troy_, that is, one hundred and three grains and a half apiece one with another. They were much worn, and if about six or seven grains be allowed to each of them one with another for loss of their weight by wearing, the copper-money coined for England, in the reign of King William being already as much lightened by wearing, they might at first weigh about half a pound _avoirdupois_; whereas only thirty of those coined by Mr. Wood are to be of that. They were also made of bad copper, two of those coined in the reign of King Charles II. wasted much in the fire, and then spread thin under the hammer, but not so well without cracking as those of Mr. Wood. Two of those coined in the reign of King James II. wasted much more in the fire, and were not malleable when red hot. Two of those coined in the reign of King William and Queen Mary wasted still more in the fire, and turned to an unmalleable substance like a cinder, as your Lordships may see the pieces now laid before you.

"By the a.s.says we reckon the copper of Mr. Wood's halfpence and farthings to be of the same goodness and value with the copper of which the copper money is coined in the King's Mint for England; or worth in the market about twelve or thirteen pence per pound weight _avoirdupois_; and the copper of which the half-pence were coined for Ireland in the reigns of King Charles, King James, and King William, to be much inferior in value, the mixture being unknown, and not bearing the fire for converting it to any other use until it be refined.

"The half-pence and farthings in the pix coined by Mr. Wood had on one side the head of the King, with this inscription GEORGIUS DEI GRATIA REX: And on the other side, a woman sitting with a harp by her left side, and above her the inscription HIBERNIA with the date. The half-pence coined in the reigns of King Charles, King James, and King William, had on one side the head of King Charles, King James, or King William and Queen Mary, and on the reverse a harp crowned.

"All which facts we most humbly represent to your Lordships. April 27, 1724."

APPENDIX III

TOM PUNSIBI'S DREAM[1]

[Greek: "A ghar proseidon nukthi taeoe phasmata Disson oneiron, tauta moi---- Ehi men pephaenen esthlha, dus telesphora, Eid echthra, tois echthroisin empalin methes Kai mae me plete te paront ei tines Doloisi beleueoin ekbalein, ephaes."]

Soph, Elec. [644-649].

Since the heat of this business, which has of late so much and so justly concerned this kingdom, is at last, in a great measure over, we may venture to abate something of our former zeal and vigour in handling it, and looking upon it as an enemy almost overthrown, consult more our own amus.e.m.e.nt than its prejudice, in attacking it in light excursory skirmishes. Thus much I thought fit to observe, lest the world should be too apt to make an obvious pun upon me; when beginning to dream upon this occasion, I presented it with the wild nocturnal rovings of an unguided imagination, on a subject of so great importance, as the final welfare or ruin of a whole nation.

[Footnote 1: The following tract, written probably by Thomas Sheridan, Swift's humorous friend, is interesting as affording an example of the lighter kind of literature brought into existence by this agitation. It may be that Swift had a hand in its composition. The text is taken from a copy of the original broadside in the South Kensington Collection. It was published during the height of the controversy. [T.S.]]

But so it was, that upon reading one of the Drapier's letters, I fell asleep, and had the following dream:

The first object that struck me was a woman of exquisite beauty, and a most majestic air, seated on a throne, whom by the figure of a lion beneath her feet, and of Neptune who stood by her, and paid her the most respectful homage, I easily knew to be the Genius of England; at some distance from her, (though not at so great an one as seemed to be desired,) I observed a matron clothed in robes so tattered and torn, that they had not only very nigh lost their original air of royalty and magnificence, but even exposed her to the inclemency of the weather in several places, which with many other afflictions had so affected her, that her natural beauty was almost effaced, and her strength and spirits very nigh lost. She hung over a harp with which, if she sometimes endeavoured to sooth her melancholy, she had still the misfortune to find it more or less out of tune, particularly, when as I perceived at last, it was strung with a sort of wire of so base composition, that neither she nor I could make anything of it. I took particular notice, that, when moved by a just sense of her wrongs, she could at any time raise her head, she fixed her eyes so stedfastly on her neighbour, sometimes with an humble and entreating, at others, with a more bold and resentful regard, that I could not help (however improbable it should seem from her generous august appearance) in a great measure to attribute her misfortunes to her; but this I shall submit to the judgment of the world.

I should now at last mention the name, were not these circ.u.mstances too unhappily singular to make that any way necessary.

As I was taken up with many melancholy reflections on this moving object, I was on a sudden interrupted by a little sort of an uproar, which, upon turning my eyes towards it, I found arose from a crowd of people behind her throne; the cause it seems was this:

There was, I perceived, among them the G.o.d of merchandise, with his sandals, mostly of bra.s.s, but not without a small proportion of gold and silver, and his wings chiefly of the two latter metals, but allayed with a little of the former; with those he used to trudge up and down to furnish them with necessaries; with these he'd take a flight to other countries, but not so dexterously or to so good purpose as in other places of his office, not so much for want of encouragement among 'em here, as on account of the haughty jealousy of their neighbours, who, it seems dreading in them a rival, took care to clip his wings and circ.u.mscribe his flights; the former, more especially, being, by these and other means so much worn, he performed his office but lamely, which gave occasion to some who had their own private interest more at heart, than that of the public, to patch up some of the places that were worn, with a metal of the same nature indeed, but so slight and base, that though at first it might serve to carry him on their errands, it soon failed, and by degrees grew entirely useless; insomuch, that he would rather be r.e.t.a.r.ded than promoted in his business, and this occasioned the above disturbances among his dependents, who thereupon turned their eyes towards their mistress (for by this time she will I presume be better known by that, than the more homely and sociable name of neighbour) and not daring of late to say or do anything without her approbation, made several humble applications to her, beseeching that she would continue them that liberty of refitting these implements themselves, which she had been formerly pleased graciously to allow 'em; but these, however reasonable, were all rejected, whereupon I observed a certain person (a mean ill-looking fellow) from among a great number of people that stood behind the genius of England, who, during the whole affair had kept his eyes intently fixed on his neighbours, watching all their motions, like a hawk hovering over his quarry, and with just the same design: Him, I say, I observed to turn off hastily, and make towards the throne, where being arrived, after some preparations requisite, he preferred a pet.i.tion, setting forth the wants and necessities, (but taking care to make 'em appear at least four times greater than they really were) of his neighbours, or as he might have more truly and honestly said his own, both which, for the latter, though not expressed, he chiefly intended, but modestly or rather knavishly left to be understood, he begged the royal licence to redress, by supplying those defects which were the occasion of 'em. This humble suppliant I observed both before and after this pet.i.tion, seemed to employ his utmost industry and art, to insinuate himself into the good graces of two persons that stood on each side the throne;[2]the one on the right was a lady of large make and swarthy complexion; the other, a man, that seemed to be between fifty and sixty, who had an air of deep designing thought: These two he managed with a great deal of art; for the lady he employed all the little arts that win her s.e.x, particularly, I observed, that he frequently took hold of her hand, as in raptures, to kiss it, in such a manner as made me suspect she did not always draw it back empty; but this he did so slily, that it was not easy for anybody to be certain of it: The man on the other hand, he plied his own way with politics, remonstrating to him the several things he had before the throne; which however, as might be presumed from his manner of attending to them, seemed to make little impression; but when he came to lay before him the great advantages that might accrue from thence to their mistress, and consequently to him, he heard him with the utmost eagerness and satisfaction; at last, having plainly told him, that he himself should be a considerable gainer by it, and thereupon, that every thing that came to his hands of that nature should be at his service: As a sort of token or earnest he kissed his hand in the same manner he had the lady's, and so retired; by these and the like means he soon brought over both parties to him, who, with a whisper or two, procured him the royal licence; whereupon he immediately fell to making up a metal, if it deserved the name, of a very strange composition, wherewith he purposed to refit the implements of that useful deity, but in such manner, that for the base metal he put into them, he would take care to draw away from them an infinitely more than proportionable quant.i.ty of gold and silver, and thereby render him almost incapable of taking flight to foreign countries; nay, at last perhaps utterly so, when under pretence of their not being completed, he should filch in more of his metal, and filch away more of theirs.

[Footnote 2: The d.u.c.h.ess of Kendal and Sir Robert Walpole. [S.]]

These things being therefore prepared, he sends 'em over to his neighbours, and there endeavoured to get them admitted by fair words and promises, being too sensible that they were not of themselves the most willing to accept of his favour, and indeed he was not deceived; for they being advertised of his designs, had taken the alarm, and had almost to a man united in one common faction against him. This generous ardour had first taken hold of the most active and important part, and if I may be allowed to call it, the heart of this body, from thence was on one side by a quick pa.s.sage, and in its more refined parts, communicated through the blood to the contemplative, and reasoning, the head, which it inspired with n.o.ble thoughts and resolutions; and on the other, to the inferior extremities, which were thereby rendered more expedite and readier to obey the dictates of the head in a rougher method of opposition, from each of which extremities being carried back to its fountain, it was returned to them from thence, and so backwards and forwards, till the circulation and union were confirmed and completed, the sordid unnatural, offensive parts being in the meantime thrown off as dregs of nature, and nuisances of human society; but of these in so well-tempered a const.i.tution, there were but few; however, when there were any to be found, though they had been of the most exalted nature, and bore most n.o.ble offices in this body, by any corruption became so, they shared the common fate, with this only difference, that they were rejected with greater scorn and contempt on account of their former dignity, as was found in one notorious instance; but on the other hand, among all the parts that were serviceable to the const.i.tution on this occasion, there was not one more so, than a certain one whose name indeed is not openly known, but whose good offices and usefulness are too great ever to be forgotten; for it by its nice diligence and skill selected out things of the most n.o.ble and exquisite nature, by infusing and dispersing them to enliven and invigorate the whole body, which how effectually they did, our bold projector sadly experienced. For finding all his endeavours to pa.s.s his ware upon them, disappointed, he withdrew; but his patron on the other side being informed of what had pa.s.sed, fell into a most terrible pa.s.sion, and threatened, they say, I know not what, of making to swallow and ramming down throats; but while they were in deep conference together, methought all on a sudden a trap-door dropped, and down fell our projector; this unexpected accident did on many accounts not a little alarm the throne, and gave it but too great occasion to reflect a little on what had been doing, as what a mean ordinary fellow it had intrusted with the care of an affair of so great consequence that though their neighbours' refusal might possibly have put him to such straits as might be the great occasion of this disgrace, yet that very refusal could not be so universal and resolute without some reason, which could arise from nothing else but the unseasonableness or unworthiness of his offers, or both, and he, consequently, must deserve as much to suffer as they did; not for the better information, therefore in these surmises some of the neighbours were consulted, who confirming them, things seemed to bear a good face, and be in a very fair way of clearing up. When I awoke, I cannot say whether more pleased at the present posture of affairs, when I recollected how indifferent an one they had lately been in, or anxious when upon considering that they were not yet firm and settled, I was led to reflect in general on the uncertainty of events, and in particular, on the small reason the persons in hand can have to promise themselves prosperous ones, especially when they are depending in that part of the world.

Dublin, printed in the year 1724-5.

APPENDIX IV

A LETTER FROM A FRIEND TO THE RIGHT HONOURABLE ------[1]

Ceteri, quanto quis servitio promptior, opibus et honoribus extollerentur: Invalido legum auxilio, quae vi, ambitu, postremo pecunia turbabantur.--_Tacit. An._

To THE RIGHT HONOURABLE ------

I fear your lordship in your wonted zeal for the interest of your country will think this paper very unseasonable; but I am very confident not more than one man in this kingdom will be of your lordship's judgment.

[Footnote 1: The two following severe letters are directly addressed to Lord Chief Justice Whitshed, and were generally circulated. They probably underwent Swift's correction, though they have too much of a legal cast to have been written by the Dean himself.... They were, perhaps, composed by Mr. Robert Lindsay, distinguished by Swift in his letter to Lord Midleton, as an eminent lawyer, as well as a man of virtue and learning, whose legal advice he used during the whole controversy. [S.]

The present letters are taken from copies of the original broadsides in the South Kensington collection. [T.S.]]

In matters of law your opinion has from our first acquaintance entirely guided me, and the things you have a.s.sured me I might depend upon as law, have few of them escaped my memory, though I have had but little conversation with you since you first appeared in Parliament and moved the House to resolve, That it is the indispensable duty of the judges of this kingdom to go through their circuits; nor have I had any since you fell sick and was made solicitor-general.

I have often heard your lordship affirm, and therefore I do affirm it, That the great ends for which grand juries were inst.i.tuted, were the support of the government, the safety of every man's life and fortune, it being necessary some should be trusted to inquire after all disturbers of the peace, that they might be prosecuted and brought to condign punishment; and it is no less needful for every man's quiet and safety, that the trust of such inquisitions should be put into the hands of persons of understanding and integrity, that will suffer no man to be falsely accused or defamed; nor the lives of any to be put in jeopardy, by the malicious conspiracies of great or small, or the perjuries of any profligate wretches.

So material a part of our const.i.tution are grand juries, so much does the security of every subject depend upon them, that though anciently the sheriff was by express law, chosen annually by the people of the county, and trusted with the power of the county, yet the law left not the election of grand juries to the will of the sheriff, but has described their qualifications, which if they have, and the sheriff return them, no man, nay no judge, can object to their being sworn, much less may they to their serving when sworn: And to prevent the discretionary power (a new-fashioned term) of these judges over juries, you used to say was made the statute of the 11th of Hen. 4.

Pardon me my lord if I venture to affirm, That a dissolving power is a breach of that law, or at least an evasion, as every citizen in Dublin in Sir Constantine Phipps's time perfectly understood, that disapproving the aldermen lawfully returned to the Privy-council was in effect a.s.suming the power of choosing and returning----But your lordship and I know dissolving and disapproving are different terms.

I always understood from your Lordship the trust and power of grand juries is or ought to be accounted amongst the greatest and of most concern, next to the legislative: The honour, reputations, fortunes and lives of every man being subject to their censure; the kings of England have an undoubted power of dissolving parliaments, but dissolving 'till one was returned to their or their ministers' liking, has never been thought very righteous, and Heaven be praised never very successful.

I am entirely of your lordship's opinion, the oath of a grand juryman is not always sufficiently considered by the jurors, which is as follows.

"You shall diligently enquire, and true presentment make of all such articles, matters and things as shall be given you in charge; And of all other matters and things as shall come to your own knowledge, touching this present service. The King's counsel your fellows' and your own you shall keep secret," &c.--And from some other men's behaviour, I fear oaths are not always as sacredly observed as they ought to be: "The King's counsel, your fellows' and your _own_ you shall keep secret"--Though our grandmothers my lord might have thought there was a dispensing power in the Pope, you and I profess no power upon earth can dispense with this oath, so that to force a man to discover the counsel he is sworn to keep, is to force him into direct perjury.

Suppose upon information taken before your Lordship of a rape committed, a bill of indictment were sent to a grand jury, and the grand jury return _ignoramus_ on it, application is made to the Court to recommend it to them to reconsider it, and they return as before _ignoramus_--Suppose a judge with more than decent pa.s.sion should ask them their reasons (which is their counsel) for so doing, nay should be so particular as to demand of them whether they thought the woman a wh.o.r.e. Must not all the world conclude somebody had forgot the oath of a grand juryman? Yes sure, or his own, or worse.--But suppose they should ask a juror a question might criminate himself? My Lord, you know I put not bare possibilities, it is generally believed these things have been done within an oak of this town--And if I am rightly informed, the restraint a juror is under by his oath, is so well understood, that a certain person desired the clerk of the Crown to change the form of it by adding this exception: "unless by leave or order of the Court."

These things, my Lord, would seem strange in Westminster-hall, and would be severely noted in St. Stephen's Chapel. The honour of the Crown would be thought a very false as well as weak plea for such proceedings there, as indeed it is an infamous one everywhere, for 'tis a scandal upon a king, if he is represented in a court of justice, as if he were partially concerned or rather inclined to desire, that a party should be found guilty, than that he should be declared innocent.

The King's interest and honour is more concerned in the protection of the innocent, than in the punishment of the guilty, as in all the immediate actions of his Majesty we find that maxim pursued, a maxim can never run a prince into excesses. We do not only find those princes represented in history under odious characters, who have basely betrayed the innocent, but such as by their spies and informers were too inquisitive after the guilty, whereas none was ever blamed for clemency, or for being too gentle interpreters of the law. Though Trajan was an excellent prince, endowed with all heroical virtues; yet the most eloquent writers, and his best friends, found nothing more to be praised in his government, than that in his time, all men might think what they pleased, and every man speak what he thought, this I say, that if any amongst us by violent measures, and a dictatorial behaviour have raised jealousies in the minds of His Majesty's faithful subjects, the blame may lie at their door.

I know it has been said for His Majesty's service, grand juries may be forced to discover their counsels: But you will confess a king can do nothing against law, nor will any honest man judge that for his service, which is not warranted by law. If a constant uninterrupted usage, can give the force of a law, then the grand jurymen are bound by law, as well as by their oaths, to keep the King's, their fellows' and their own counsel secret. Bracton and Britton in their several generations bear witness, that it was then practised; and greater proof of it needs not be sought, than the disputes that appear by the law-books to have been amongst the ancient lawyers, Whether it was treason or felony for a grand juryman to discover their counsels--The trust of grand juries was in those days thought so sacred, and their secrecy of so great concern to the kingdom, that whosoever should break their oaths, was by all thought worthy to die, only some would have them suffer as traitors, others as felons.

If a king's commands should come to the judges of a court of justice or to a jury, desiring them to vary from the direction of the law, (which it is criminal to say, and no man ought to be believed therein) they are bound by their oaths not to regard them. The statute of 2 of E. 3. 8.

and 20 E. 3. I. are express; and the substance of these and other statutes is inserted into the oaths taken by every judge; and if they be under the most solemn and sacred tie in the execution of justice to hold for nothing the commands of the King under the great seal, then surely political views and schemes, the pleasure or displeasure of a minister, in the like case ought to be less than nothing.

It is a strange doctrine that men must sacrifice the law to secure their properties, if the law is to be fashioned for every occasion, if grand jurymen contrary to their oaths must discover their fellows' and their own counsels, and betray the trust the law has reposed in them, if they must subject the reasons of their verdicts to the censure of the judges, whom the law did never design to trust with the liberty, property, or good name of their fellow-subjects. No man can say he has any security for his life or fortune, and they who do not themselves, may however see their best friends and nearest relations suffer the utmost violences and oppressions.

Which leads me to say a few words of the pet.i.t jury, not forgetting Mr.

Walters. I am a.s.sured by an eminent lawyer, that the power and office of a pet.i.t jury is judicial, that they only are the judges from whose sentence the indicted are to expect life or death. Upon their integrity and understanding the lives of all that are brought in judgment do ultimately depend; from their verdict there lies no appeal, by finding guilty or not guilty. They do complicately resolve both law and fact. As it hath been the law, so it hath always been the custom and practice of these juries (except as before) upon all general issues, pleaded in cases civil as well as criminal, to judge both of the law and fact. So it is said in the report of the Lord Chief Justice Vaughan in Bush.e.l.l's case, That these juries determine the law in all matters where issue is joined and tried, in the princ.i.p.al case whether the issue be about trespa.s.s or debt, or disseizin in a.s.sizes, or a tort or any such like, unless they should please to give a special verdict with an implicate faith in the judgment of the Court, to which none can oblige them against their wills.

It is certain we may hope to see the trust of a grand juryman best discharged when gentlemen of the best fortunes and understandings attend that service, but it is as certain we must never expect to see such men on juries, if for differing with a judge in opinion, when they only are the lawful judges, they are liable to be treated like villains, like perjurers, and enemies to their king and country; I say my lord such behaviour to juries will make all gentlemen avoid that duty, and instead of men of interest, of reputation and abilities, our lives, our fortunes, and our reputations must depend upon the basest and meanest of the people.

I know it is commonly said, _boni judicis est ampliare juridictionem_.

But I take that to be better advice which was given by the Lord Chancellor Bacon upon swearing a judge; That he would take care to contain the jurisdiction of the court within the ancient mere-stones without removing the mark.