what had passed in Conference in the presence of his Majesty and his Council :

I

The king said, He would be president himself. This attendance renewed the remembrance of the last, when we departed with such admiration. It was the voice of God in man: the good spirit of God in the mouth of man. do not say, the voice of God, and not of man. I am not one of Herod's flatterers. A curse fell upon him that said it: a curse on him that suffered it. We might say as was said to Solomon, We are glad, O king! that we give account to you, because you discern what is spoken. We let pass no moment of time, until we had resolved and set down an answer in writing, which we now had ready. That sithence we received a message from his ma jesty by Mr. Speaker, of two parts: 1. The one paternal, 2. The other royal. 1. That we were as dear unto him as the safety of his person, or the preservation of his posterity. 2. Royal, that we should confer with his Judges, and that in the presence of himself and his council. That we did more now to king James than ever was done since the conquest, in giving account of our judgments.' That we had no intent, in all our proceedings, to encounter his majesty, or to impeach his honour or prerogative.

This was spoken by way of preamble by him you employed.

place; sir John losing place, his majesty did meet us half-way. That when there did arise a schism in the church between a Pope and an Antipope, there could be no end of the difference until they were both put down.

Upon this Report, a motion was made, That it might be done by way of warrant; and therein to be inserted, That it was done at the request of the king and was further said, (as anciently it hath been said) That we lose more at a Parliament than we gain at a battle. That the authority of the committee was only to fortify what was agreed on by the house for answer, and that they had no authority to consent.-It was further moved by another, That we should proceed to take away our dissention, and to preserve our Liberties; and said, that in this we had exceeded our commission; and that we had drawn upon us a note of inconstancy and levity. But the acclamation of the house, was, That it was testimony of our duty, and no levity. So as the question was presently made.

Quest. Whether sir John Fortescue and sir Francis Goodwin shall both be secluded, and a warrant for a new writ directed? And upon the question resolved, That a writ should issue for a new choice, and a warrant directed accordingly.

A motion made, That thanks should be presented by Mr. Speaker to his majesty, for his presence and direction in this matter; and thereupon ordered, That his majesty's pleasure should be known, by sir Roger Aston for their attendance accordingly.

How to report his majesty's Speech he knew not; the eloquence of a king was inimitable. The king addressed himself to him as deputed by the house, and said, He would make three parts of what he had to say. The Because it hath been conceived by some, cause of the meeting was to draw to an end that sir Francis Goodwin being the member the difference in sir Francis Goodwin's Case, specially interested, it were it he should give It they required läs absence, he was ready; | testimony of his liking and obedience in this because he feared he might be thought intercourse : being dealt withal to that end, he writ ested, and so breed an inequality on their part, his letter to Mr. Speaker; which, before this He said, That he would not hold his Prero- | question made, for better satisfaction of the gative or honour, or receive any thing of any house, was read in these words: or all his subjects. This was his magnanimity. Sir; I am heartily sorry to have been the That he would confion and ratify all just Pri- least occasion either of question between his vileges. This his bounty and amity. As a majesty and that honourable house, or of inking, roxaily as king James, sweetly and kindly terruption to those worthy and weighty art of his good-nature-One point was, Whe- • causes, which by this time, in all usenhood, ver we were a Court of Record, and had had been in very good furtherance: whereto nudge of Returns As our court had¦* fore, underster dog very cready, that it so had the Chancery; and that the *pleased his mefesty, when the ca am tɛes inst hot fist had passed their judgreat • attended him, to take course with them for a not be cortollod -1 pon a surmise. ti. rd writ and clectisa for the knurtship of the on the sherd's retura, there goes a Oury of Buckingham. I min so far 1:30 That there are two powCR 1. the other, traSENA Itat the

78. The CASE of MIXED MONEY

A. D. 1605. [Davies's Reports.]

than this Mixed Money, according to the rate and valuation that it had, at the time of the tender; and this Resolution was certified by them to the Lord-Deputy, and the certificate entered in the Council-Book. And in this case divers Points were considered and resolved.

First, it was considered, that in every commonwealth, it is necessary to have a certain standard of money. [Cotton 4.] For no Commonwealth can subsist without contracts, and no contracts without equality, and no equality in contracts without money. For although in the first societies of the world, permutation of one thing for another was used, yet that was soon found cumbersome, aud the transportation and division of things was found difficult and impossible; and therefore money was invented, as well for the facility of commerce, as to reduce contracts to an equality. • Cum non

coined in the Tower of London, and transmit- | ted this money into this kingdoin, with a Proclamation, bearing date 24 May, in the 43d year of her reign, by which her majesty declared and established this Mixed Money, immediately after the said proclamation, to be the lawful and current money of this kingdom of Ireland, and expressly commanded that this money should be so used, accepted and reputed by all her subjects and others, using any traffic or commerce within this kingdom; and that if any person or persons should refuse to receive this Mixed Money according to the denomination or valuation thereof, viz. shillings for shillings, sixpenny pieces for sixpenny pieces, &c. being tendered for payment of any wages, fees, stipends, debts, &c. they should be punished as contemners of her royal prerogative and commandment. And to the intent that this Mixed Money should have the better course and circu-facile concurrebat, ut cum tu haberes quod lation, it was further declared by the same proclamation, that after the 10th day of June immediately following, all other money which had been current within this kingdom, before the said proclamation, should be cried down and annulled and esteemed as bullion, and not as lawful and current money of this kingdom.

In April, before this Proclamation was published, when the pure coin of England was current within this kingdom, one Brett of Drogheda, merchant, having bought certain wares of one Gilbert in London, became bound to the said Gilbert in an obligation of 2001. on condition that he should pay to the said Gilbert, his executors or assigns, 100!. sterling, current and lawful money of England, at the tomb of earl Strongbow in Christ-church, Dublin, at a certain day to come; at which day and place, Brett made a tender of the 1007. in the Mixed Money of the new standard, in performance of the condition of the obligation; and whether this tender was sufficient to save the forfeiture of the obligation, or whether the said Brett should now, upon the change or alteration of money within this kingdom, be compelled to pay the said 1001, in other or better coin than in the Mixed Money, according to the rate and valuation of it, at the time of the tender, was the question at the council table, where the said Gilbert, who was a merchant of London, exhibited his Petition against the said Brett, for the speedy recovery of his debt aforesaid.

And, inasmuch as this case related to the kingdom in general, and was also of great importance in consideration and reason of state, sir George Carew, then Lord Deputy and also Treasurer, required the Chief Judges, (being of the privy council) to confer on and consider this Case, and to return to him their Resolution touching it; who upon conference and consideration on all the points of the said Proclamation, resolved, That the tender of the 100l. in the Mixed Money, at the day and place aforesaid, was good and sufficient in the law, to save the forfeiture of the said obligation, and that Brett should not be obliged at any time after, to pay other money in discharge of the debt,

ego desiderarem, ego invicem haberem quod tu accipere velles, electa materia est, cujus publica et perpetua inestiatio difficultatibus per'mutationem subveniret.' Paul. lib. 1. ff. de contrahendis empt.' and therefore money is said by Bodin to be mensura publica; and Budelius lib. 1. De re nummaria, ca. 3. saith moneta est justum medium et mensura rerum com'mutabilium, nam per medium monetæ fit omnium rerum, quæ in mundo sunt, conveniens et justa æstimatio.' And to this purpose Keble saith, 12 H. 7. 23. b. that every thing ought to be valued per argent; by which word argent, he meaneth money coined. And the great utility of a certain standard of money and of measures is well expressed by Budelius in this verse,

Una fides, pondus, mensura, moneta sit una,

Et status illæsus totius orbis erit. Secondly, it was resolved, That it appertain eth only to the king of England, to make or coin Money within his dominions; [2 Ro. ab. 166. 1 Co. 146. 5 Co. 114. 1 H. H. P. C. 188.] so that no other person can do it without special license or commandment of the king; and if any person presume to do it of his own head, it is treason against the person of the king by the common law; and this appears by the stat. of 25 Edw. 3, c. 2, (which is only a declaration of the common law,) and by Glanvil, Britton and Bracton, before that statute, Stamford fol. 2 and 3. And in the case of Mines, Plowd. 316, a. this point is expressed more clearly, where it is said, That the king shall have mines of gold and silver; for if a subject had them, he by law could not coin such metals, nor stamp a print or value upon them, for it appertaineth to the king only to put a value upon coin, and make the price of the quantity, and to put a print to it; which being done the coin is current; and if a subject doth this it is high treason at common law, as appears, 23 Ass. p. 2. and it is high treason to the king, because be hath the sole power of making Money, &c.

And in this book three things are expressed, which are requisite to the making of lawful money, viz. The authority of the Prince, the Stamp, and the Value. But upon the consi

money called Pollards was cried down, a new regni illius juxta leges Anglicanas judicarent. sterling money was also coined; see 6 Ed. 6. 'Præfecit autem ibidem Johannem de Gray Dyer 82. b. et lib. rubr. Scacc. Dubl. part 2.episcopum Norwicensem, justiciarium, qui fol. 1 b. After this new monies were made, 9 Ed. 3, and 13 Hen. 4, and 5 Ed. 4, and 19 Hen. 7, and 36 Hen. 8; and lastly 2 Eliz., when all mixed and base money was cried down, and the standard of pure silver established, which continues to this day, of which Bodin maketh honourable mention, Libro 6 de Republicâ, cap. 3.

denarium terræ illius ad pondus numismatis Angliæ fecerat publicari, et tam obolum quam quadrantem rotundum fieri præcepit: jussit quoque rex, vt illius monetæ usus tam in An'glia quam in Hibernia communis ab omnibus haberetur, et utriusque regni denarius in the'sauris suis indifferenter poneretur.'-By which it appeareth that the standard of money in England and in Ireland was equal at first, and that the English money was not a fourth part better in value than the Irish, as it hath been since the time of Ed. 4., for before that, as there was one and the same standard of money in both kingdoms, so always when the money was changed in England, it was also changed in Ireland. As in the year 1279, viz. 7 Ed. 1. when that king established new money in Eng

And it seems these changes of money in England were made by the authority of the king without Parliament: although several acts of parliament have been made for the ordering of exchange, and to prohibit the exportation of money made and ordained by the king, and the importation and utterance of foreign and false money, under certain pains and penalties, of which some were capital and some pecuniary. And several ordinances of the king made with-land, as is shewn before, there was likewise a out the parliament are called statutes; as Statutum de Monetà magnum, et Statutum de Moneta parvum: which are called statutes, because the ordinance of the king with proclamation in such case hath the force of an act of parliament.

1

change of money in Ireland, as is observed in the annals of this kingdom, published by Camb den in his Britannia, where it is said, that in the year 1279, Dominus Robertus de Utford justiciarius Hiberniæ intravit Angliam, et con'stituit loco fratrem Robertum de Fulborne episcopum Waterford, cujus tempore mutata est moneta.' So 29 Ed. 1. when by special ordinance of the king the Pollards and Crockards were decried and annulled, the same ordinance was transmitted into this kingdom and enrolled in the Exchequer here, as is found in Lib. Rubr. Scace. part 2, fol. 2. b. Also in the annals aforesaid it is observed in the same year, numisma pollardarum prohibetur in Anglia et “ Hibernia,~ And as the standard of the mo nies was equal, so the mints and coinage in this kingdom were ordered and governed in the same manner as in England, as appears by the account of Donat and Andrew de Sperdshols, assay masters in Dublin, 9 and 10 Ed. 1. in Archivis Castri Dublin, and in Libr. Rubr. Scacc. bic part 2. fol. 1. and in Rot. Parl. in Castri Dublin, 12 Ed. 4. c. 60. See also several ordinances there touching the mint and monies, 7 Ed. 4. c. 9. 10 Ed. 4. c. 4. 16 Ed. 4. c. 2. 19 El. 4. c. 1. 1 R. S. c. 7.

And as the king hath used to change the standard of his money, to wit, the form and the substance, so hath be used by his prerogative to enhance or debase the value of it, notwithstanding that the form and substance continueth as it was before. [1 H. H. P. C. 192.] And this was done, 5 Ed. 4, as appears by the book, of 9 Ed. 4. 49, where Danby saith, that a Noble was better then, than it was anno 20¦ of that king, by 20d, in each Noble. And ¦ king Hen. 8, by special commission dated 24, July, anno 18 of his reign, authorised cardinal Wolsey, with the advice of other of the privy council, to put a value on all the moneys of England, from time to time, according to the rates and values of the monies of foreign nations, which were then too much enhanced, especially by the emperor and the king of France, as is expressed in the said commission. See also 6 and 7 Ed. 6. Dyer 82 and 83. several cases on the debasement of money. And it is to be observed, that between the S6 of Hen. 8, But the first difference and inequality be when several sorts of debased money were tween the standard of English and Irish monies, coined in England, and 2 Eliz., when the pure, is found in 5 Ed. 4. for then it was declared in standard of silver money was established, there parliament here, that the Noble made in the were three notorious falis or cry-downs, of base ¦ time of Ed. 3, Rich. 2, Hea. 4, Hen. 5, and monies, published by proclamation: the first,, Hen. 6, should be from that time forth current 9 July, 3 Ed. 6.; the second, 17 August, the, in this kingdom for 10s, and so of the demysame year, as is mentioned, Dyer 83, a.; the third, 28 Sep. 2 Elia.

!

noble, and all other coins according to the same rate. See Rot. Parl. 5 Ed. 4. c. 40. and And as the king hath always used to make 11 Ed. 4. c. 6. and 15 Ed. 4. c. 5. in the and change the money of England, he hath Roll's-office in the Castie of Dublin. After a so used the same prerogative in Ireland ever which time the money made in Ireland or for since we 12th year of king John, when the¦ Ireland was always less in value than the first standard of English money was established i money of England, and the usual proportion of by this kingdom, as is recorded by Matt, Paris, į the deference was the fourth part only, v.a. the Magn, Hot, 2.0. b. where it is said, that this¦ Irish shing was on y 94. Fechs. See the king being in Ireland, * constituit ibidem lezes ¦ proclamation aforesaid, dated the 24 of May, et consuetudines Auglicanas, ponens thiidem | 43 Eliz, enrolled in the Chanocry were, where * vicecomites, alosque muistros, qui populum the queen makes mention of this difference