The Case of Mixed Money in Ireland (a.d. 1605)

78. The Case of Mixed Money in Ireland, Trin. 2 James I. 
a. d. 1605. [Davies's Reports.] 

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 [ “ As the following Case relates to the King's 
Prerogative of regulating the Coinage * and 
Value of Money, in which the whole State is 
so immediately and essentially interested, it 
______________________________
* The royal prerogatives of regulating the 
Coinage and Value of Money, and the history 
of the exercise of those prerogatives are well 
exhibited in the earl of Liverpool's Treatise on 
the Coins of this realm. 

VOL. II. 
________________________________

properly falls within the scope of this Collec- 
tion. It is taken from the English edition of 
sir John Davies’s Reports." Hargrave.] 

QUEEN Elizabeth in order to pay the royal 
army which was maintained in this kingdom for 
several years, to suppress the rebellion of 
Tyrone, caused a great quantity of Mixed Mo- 
ney, with the usual stamp of the arms of the 
crown, and inscription of her royal stile, to be 
l 

115] STATE TRIALS, 2 James I. 1605.— The Case of Mixed Money [116 

coined in the Tower 'of London, and transmit- 
ted this money into this kingdom, with a Pro- 
clamation, bearing date 24 May, in the 43d 
year of her reign, by which her majesty declar- 
ed and established this Mixed Money, immedi- 
ately 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 denomina- 
tion or valuation thereof, viz. shillings for shil- 
lings, sixpenny pieces for sixpenny pieces, &c. 
being tendered tor payment of any wages, fees, 
stipends, debts, &c. they should be punished as 
contemners of her royal prerogative and com- 
mandment. And to the intent that this Mixed 
Money should have the better course and circu- 
lation, it was further declared by the same pro- 
clamation, that after the 10th day of June im- 
mediately following, all other money which had 
been current within this kingdom, before the said 
proclamation, should be cried down and annul- 
led and esteemed as bullion, and not as lawful 
and current money of this kingdom. 

In April, before this Proclamation was pub- 
lished, when the pure coin of England was cur- 
rent within this kingdom, one Brett of Droghe- 
da, merchant, having bought certain wares of 
one Gilbert in London, became bound to the 
said Gilbert in an obligation of 200/. on condi- 
tion 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 cer- 
tain day to come ; at which day and place, 
Brett made a tender of the 100/. 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 100/. 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, exhi- 
bited 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 im- 
portance 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 consi- 
deration on all the points of the said Proclama- 
tion, resolved, That the tender of the 100/. in 
the Mixed Money, at the day and place afore- 
said, 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, 
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 com- 
monwealth, it is necessary to have a certain 
standard of money. [Cotton 4.] For no Com- 
mon wealth 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, and the transpor- 
tation and division of things was found difficult 
and impossible ; and therefore money was in- 
vented, as well for the facility of commerce, as 
to reduce contracts to an equality. ' Cum non 
' facile concurrehat, ut cum tu haberes quod 
' ego desiderarem, ego invicem haberem quod tu 
' accipere velles, electa materia est, cuius pub- 
' lica et perpetua inestiatio difficultatibus per- 
' mutationem subveniret.' Paul. lib. 1. ff.de con- 
' trahendis 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 monetae fit om- 
' nium rerum, quae in mundo sunt, conveniens et 
' justa aestimatio.' 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 illaesus 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 per- 
son presume to do it of his own head, it is trea- 
son against the person of the king by the com- 
mon law ; and this appears by the stat. of 95 
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 cur- 
rent ; and if a subject doth this it is high trea- 
son at common law, as appears, 23 Ass. p. 9. 
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- 


117] STATE TRIALS, 2 James I. 1603.— in Ireland. [118


deration of the case in question, it was observ- 
ed, that six things or circumstances ought to 
concur, to make lawful and current money, viz. 
1. Weight. 2. Fineness. 3. Impression. 4. 
Denomination. 6. Authority of the Prince. 
6. Proclamation. [See 1 H. H. P. C. 196, 
that Proclamation is not always necessary ] 
Far every piece of money ought to have a cer- 
tain proportion of weight or poise, and a cer- 
tain proportion of purity or fineness, which is 
called alloy. Also every piece ought to have 
a certain form of impression, which may be 
knowable and distinguishable ; for as wax is 
not a seal without a stamp, so metal is not 
money without an impression : ' Et moneta 
' dicitur a monendo, quia impressione nos mo- 
' neat, cujus sit moneta. Cujus imago est 
' haec ? Caesaris : Date Caesari quae sunt Cae- 
' saris. ' Also every piece of money ought to 
have a denomination or valuation for how 
such it shall be accepted or paid, as for a 
penny, a groat or a shilling. And all this 
ought to be by authority and commandment of 
the prince, for otherwise the money is not law- 
ful; and it ought to be published by the pro- 
clamation of the prince, for before that, the 
money is not current, — These circumstances 
appear in the antient ordinances made by the 
king for the coinage of money, as well in this 
kingdom as in England, which are to be found 
in the Tower of London there, and in the Cas- 
tle of Dublin here. Also the indentures be- 
tween the king and the masters of the mint 
prescribe the proportion of weight, fineness, 
and alloy, the impression or inscription, the 
name and the value." See the stat. 2 Hen. 6, 
o. 12, where mention is made of these inden- 
tures; see also Wade's case, 5 Co. 114. b. that 
the king by his proclamation may make any 
coin lawful money of England ; a fortiori, he 
may, by his proclamation only, establish the 
standard of money coined by his authority 
within his own dominions. 

And that the king by his Prerogative may 
also put a price or valuation on all coins, ap- 
pears by a remarkable case, 21 Edw. 3, 60, b. 
In the time of Will, the Conqueror, the abbot 
of St. Edmundsbury complained to the king in 
parliament, that whereas he was exempted 
from the jurisdiction of the ordinary by divers 
antient charters, the bishop of Norwich had 
visited his house, contrary to those charters of 
exemption ; upon which it was granted and or- 
dained in parliament, that if from thencefor- 
ward the bishop of Norwich or any of his suc- 
cessors should go against the aforesaid exemp- 
tion, they should pay to the king or his heirs 
thirty talents or besaunts. Afterwards in the 
time of Edw. 3, the bishop of Norwich visited 
the house again, against the ordinance afore- 
said; and this contempt being found in the 
King’s-bench, a scire facias issued against the 
bishop to shew why he should not pay to the 
king the thirty talents or besaunts ; and upon 
an insufficient plea pleaded by the bishop, the 
court awarded that they should recover the ta- 
lents or besaunts, and that it should be inter- 
preted hy the king himself of what value they 
should be, more or less ; by which it is mani- 
fest that where talents or besaunts, or such 
other pieces or quantities of gold or silver are 
of uncertain value, fur Budelius saith that ' ta- 
' lenta sunt varia, et pondera sunt, potius 
' quam numismata', the king hath a power to 
put a certain value upon them, according to 
the rule well known to the civilians, ' monetae 
' aestimationem dat, qui cudendi potestatem 
' habet.' And in this point the common law 
of England agrees well with the rules of the civil 
law, ' jus cudendae monetae ad solum princi- 
' pem, hoc est, imperatorem, de jure pertinet. 
' Monetandi jus principum ossibus inhaeret. 
' Jus monetae comprehenditur in regalibus, 
' quae nunquam a regio sceptro abdicantur.'— 
Yet by antient charters, this privilege or prero- 
gative hath been communicated to some sub- 
jects in England ; as, to the archbishop of 
Canterbury by charter of king Athelstan, 
Lamb. Peramb. Kant. fol. 291. The archbi- 
shop of York and bishop of Durham had mines 
and power of coining money, as appears by 
the statute of 14 Hen. 8, c. 12. ; and the dean 
of St. Martin's-le-grand had the same privilege, 
as is manifest from the stat. of 19 Edw. 4, c. 1. 
And this right of coining money hath been 
granted to several great personages in France 
heretofore, as Choppinus relates, lib. de Doma- 
nio Franc, fol. 217, s. And this prerogative 
at this day is imparted too generally to all the 
inferior princes and states of Germany by 
grant or permission of the emperor ; for it is a 
law of the empire,. ' Jus cudendae monetae, nisi 
' cui ab imperatore concessum fuerit, nemo 
' usurpato.' 

Thirdly it was resolved that as the king by 
his prerogative [1 H. H. P. C. 192] may 
make money of what matter and form he 
pleaseth, and establish the standard of it, so 
may he change his money in substance and im- 
pression, and enhance or debase the value of 
it, or entirely decry and annul it, so that it shall 
be but bullion at his pleasure. And note, that 
bullion, which in Latin is culled billio, 'est 
' moneta defensa et prohibita, quae videlicet 
' usu caret.' And that the king hath used this 
Prerogative in England, appears, by several 
notorious changes of money, made in the time 
of several kings since the Norman conquest. 
26 Hen. 2. ' Moneta veteri reprobata, nova 
' successit.' Matt. Paris Hist. mag. fol. 35. a. 
— Anno 7 Joh. a new money was coined, at 
which time the first sterling money was coined, 
according to the opinion of Cambden, where he 
speaketh of Sterling-Castle in Scotland, fol. 700 
h. — 32 Hen. 3, the king was obliged to make 
new money, ' cum moneta Angliae circumcide- 
' batur à circumcisis Judaeis,' as Matt. Paris 
saith, fol. 703. a.— 7 Ed. 1, the standard of 
money was renewed, when the sterling penny 
was established to contain ' vicesimam partem 
' unciae,' as appears by the old Magna Charta, 
in the ordinance called Compositio Mensurarum, 
where it is ordained, ' quod viginti denarii 
' faciant unciam.'— Anno 29 Ed. 1. when the 


119] STATE TRIALS. 2 James I. 1605.— The Case of Mixed Money [120 


money called Pollards was cried down, a new 
sterling money was also coined ; see 6 Ed. 6. 
Dyer 82. b. et lib. rubr. Scacc. Dubl. part 2. 
fol. l. 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 establish- 
ed, which continues to this day, of which Bodin 
maketh honourable mention, Libro 6 de Re- 
publica, cap. 3. 

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- 
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 pro- 
clamation in such case hath the force of an act 
of parliament. 

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 preroga- 
tive to enhance or debase the value of it, not- 
withstanding that the form and substance con- 
tinueth as it was before, [l 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 bis 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 36 of Hen. 8, 
when several sorts of debased money were 
coined in England, and 2 Eliz., when the pure 
standard of silver money was established, there 
were three notorious falls or cry-downs, of base 
monies, published by proclamation : the first, 
9 July, 5 Ed. 6. ; the second, 17 August, the 
same year, as is mentioned, Dyer 83, a. ; the 
third, 28 Sep. 2 Eliz. 

And as the king hath always used to make 
and change the money of England, he hath 
also used the same prerogative in Ireland ever 
since the )2th year of king John, when the 
first standard of English money was established 
in this kingdom, as is recorded by Matt. Paris, 
Magn. Hist. 220. b. where it is said, that this 
king being in Ireland, ' constituit ibidem leges 
' et consuetudines Anglicanas, ponens ibidem 
' vicecomites, abosque ministros, qui populum 
' regni illius juxta leges Anglicanas judicarent.. 
' Praefecit autem ibidem Johannem de Gray 
' episcopum Norwicensem, justiciarium, qui 
' denarium terrae illius ad pondus numismatis 
' Angliae fecerat publicari, et tam obolum quam 
' quadrantem rotundum fieri precepit : jussit 
' quoque rex, et illius monetae usus tam in An- 
' glia quam in Hibernia communis ab omnibus 
' haberetur, et utriusque regni denarius in the- 
' sauris suis indifterenter 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- 
land, as is shewn before, there was likewise a 
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 Ufford 
' justiciarius Hiberniae 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. 
Scacc. part 2, fol. 2. b. Also in the annals 
aforesaid it is observed in the same year, 
' numisma pollardarum prohibetur in Anglià 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. hic 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 Ed. 4. c. 1. 1 R. 3. c. 7. 

But the first difference and inequality be- 
tween the standard of English and Irish monies, 
is found in 5 Ed. 4. for then it was declared in 
parliament here, that the Noble made in the 
time of Ed. 3, Rich. 2, Hen. 4, Hen. 5, and 
Hen. 6, should be from that time forth current 
in this kingdom for 10s. and so of the demy- 
noble, and all other coins according to the 
same rate. See Rot. Pari. 5 Ed. 4. c. 40. and 
11 Ed. 4. c. 6. and 15 Ed. 4. c. 5. in the 
Roll's-office in the Castle of Dublin. After 
which time the money made in Ireland or for 
Ireland was always less in value than the 
money of England, and the usual proportion of 
the difference was the fourth part only, viz. the 
Irish shilling was only 9d. English. See the 
proclamation aforesaid, dated the 44 of May, 
43 Eliz. enrolled in the Chancery here, where 
the queen makes mention of this difference 


121] STATE TRIALS, 2 James I. 1605.— in Ireland. [122 


made by her progenitors between the standard 
of money made for this kingdom, and the 
money of England. And note, that that which 
it called the standard of money in this case, 
is the same which is called by the French pied 
de money 7 by Bodin pes monetarum ; as if the 
prince there pedem figat, having established the 
weight and purity of money in a certain pro- 
portion, which should not be transgressed by 
the moneyers. 

And so it is manifest, that the kings of 
England have always had and exercised this 
prerogative of coining and changing the form, 
and when they found it expedient of enhancing 
and abasing the value of money within their 
dominions : and this prerogative is allowed and 
approved not only by the common law, but 
also by the rules of the imperial law. Bude- 
lius de re nummarià, libr. 1. c. 5. ' Princeps 
' ad arbitrium suum, irrequisito assensu subdi- 
' torum, valorem monetae constituere potest ; 
' quia populus, quantum ad hoc, omnem potes- 
' tatem et jurisdictionem in principem seu im- 
' peratorem transtulisse dicitur.' And a little 
after in the same chapter, although some doc- 
tors are of opinion, ' principem sine assensu 
' populi monetam mutare non posse,' yet he 
concludes, ' si princeps consuevisset mutare 
' monetam auctoritate propria, sine consensu 
' populi, a tempore cujus initii memoria non 
' existit, tunc libere imposterum eum hoc fa- 
' cere posse. L. hoc jure Paragr. ductus aquae. 
' ff. de aquia quotid. &c.' And Covarruvias, 
libro de collatione veterum numismatum, cap. 
De mutatione monetae, saith, ' princeps potest 
' mutare monetam ratione publicae utilitatis,' 
viz. ' tempore belli, vel si alias utile populo sit 
' futurum, ita etiam, ut ex corio fieri possit.' 
and it is observed by Molineus, libro de mu- 
taione monetae, cap. 100, ' that the state of 
Rome in the first Punick war, when Hannibal 
had possession of a great part of Italy, and all 
their treasure was exhausted, enhanced base 
money to a great value, for the payment of 
their armies ; and yet the justice of that state 
was then famous throughout the world. But 
' nihil est magis justum, quam quod necessa- 
' rium.' by which it appears, that the mixed 
money was made by queen Eliz. on a just and 
honourable cause. 

Fourthly, it was resolved, that the said 
mixed money having the impression and in- 
scription of the queen of England, and being 
proclaimed for lawful and current money within 
this kingdom of Ireland, ought to be taken 
and accepted for sterling money ; and on con- 
sideration of this point, the name and the nature 
of Sterling Money were enquired and disco- 
vered. As to the name of Sterling some doc- 
tors of the civil law, being deceived by the 
erroneous report of Polydore Virgil, have con- 
ceived, that this English money was called 
Sterling, because the form of a stare, the dimi- 
nutive of which is sterling, was imprinted or 
stamped upon it, and therefore Covarruvias, 
lib. de collatione veterum numismatum, c. 2. 
'sterling' (saith he) ' est argenteus nummus 
' Anglicus ex vicesima sexta parte unciae, nam 
' viginti sex nummi argentei sterlingi pendebant 
' unciam, autore Polydore Virgilio, in Hist. 
' Anglicà, lib. 16. Dictus autem est hic num~ 
' mus, ut idem author tradit, sterling, quod 
' sturnus avis, Anglice a sterling, in altera 
' parte nummi esset impressa.' To the same 
purpose Choppinus de Domanio Franc, lib. 
2. tit. 7. hath this note, caeterum Enrico 3.
' Britannia rege, primum percussa est nunc 
' usitatissima sterlingorum moneta, ab effigie 
' sturni sic dicta, anno 1249.'; These doctors 
being strangers, were, it seems, misinformed by 
Polydore Virgil, who was also an alien and a 
stranger. But our Linwood also (who made 
his Gloss on the provincial constitutions of Eng- 
land, in the time of Hen. 6.) tit. de testam. 
C. Item, quia, verbo, Centum solidos, saith, 
' sterling nomen erat argenteae moneta;, et ha- 
' bebat similitudinem denarii usualis, hoc salvo, 
' quod in una quarta habebat effigiem avis, quae 
' vocatur sturnus, Anglice, sterling.'

Others have been of opinion, that this Eng- 
lish money had the name of Sterling, because 
the first money of this standard was coined in 
the Castle of Sterling in Scotland by king Ed. 
1. But this is also an erroneous opinion, as is 
noted by Cambden in Scotia, pag. 700. where 
speaking of Sterling-Castle, he saith, that ' qui- 
' dam monetam probam Angliae quae sterling 
' money dicitur, hinc denominatam volunt, 
' frustra sunt ; a Germanis enim, quos An- 
' gli Esterlingos ab orientali situ vocarunt, 
' facta est appellatio ; quos Johannes rex, ad 
' argentum in suam puritatem redigendum, 
' primus evocavit; et ejusmodi nummi, Ester- 
' lingi, in antiquis scripturis semper reperi- 
' untur.' 

And this latter opinion, without doubt, is the 
better and more probable, by the judgment of 
all the most learned antiquarians of England. 
For in all the antient statutes which make 
mention of this money, it is called esterling. 
As 9 Ed. 3. c. 2. &c. ' no false money coun- 
terfeit esterling shall be imported into our 
realm;' and the same year c. 3. ' no esterling 
halfpenny or farthing shall be molten to make 
vessel,' &c. and 25 Ed. 3. c. 13. ' the money of 
gold and silver, which is now current, shall not 
be impaired in weight or allay, but shall be put 
in the antient state as in the esterling.'  And 
Matt. Paris, Magn. Hist. fol. 403. where he 
expresses the form of the obligation made by 
the clergy of England to the pope's bankers 
resident in London, makes mention of this 
money by the name of esterling; ' Noveritis 
' nos recipisse ab (A. and B. &c.) centum unci- 
' as bonorum et legulium esterlingorum, tresde- 
' cim solidis et quatuor sterlingis pro qualibet 
' uncià computatis.' And the same author, fol. 
710, saith, * eodem tempore moneta Ester- 
' lingorum, propter sui materiam desiderabilem, 
' detestabili circiuncisione caepit deteriorari et 
' corrumpi.* And fol. 575. ' Comitissa de 
' Biarde venit ad regem cum 60 militibus, 
' ducta cupidine Esterlingorum, quibus noverat 
' regem Angliae abundare, et accepit a rege 


123] STATE TRIALS, 2 Jambs I. 1 GOo.—The Cast qf Mixed Money [J 24 


' qualibet die pro stipendio tresdecim libras 
' Esterlingorum, &c.' And Hovedeo in Rich. 
1. fol. 377. b. makes mention of this money in 
these words, ' videns igitur Galfridus Ebora- 
' censis electus, quod nisi mediante pecunià 
' amorem regis fratris nullatenus habere possit, 
' promisit ei tria millia librarum Sterlingorum 
' pro amore ejus habendo ;' and this was 
before the time of king John ; from whence 
it seems, that the time when this money was 
first coined is uncertain ; for some say that it 
was made by Osbright a king of the Saxon race 
160 years before the Norman Conquest. And 
so as Nummus is called from Numa, who was 
the first king who made money in Rome, so 
Sterling is called from the Esterlings who first 
made the money of this standard in England, 
by a metonymia, substituting the name of the 
inventor for the thing invented, as Ceres pro 
frumento, Bacchus pro vino, &c. 

And it is to be observed, that the Esterlings 
were the first founders of the four principal 
cities of Ireland, viz. Dublin, Waterford, Cork 
and Limerick, and of the other maritime towns 
in this kingdom, and were the sole maintainers 
of traffic and commerce, which was utterly 
neglected by the Irish. These cities and towns 
were under the protection of king Edgar and 
Edward the Confessor before the Norman Con- 
quest: and these Esterlings in the antient 
records of this kingdom are called Ostmanni. 
And therefore, when Hen. 2. upon the first 
conquest, thought it better to people these 
cities and towns with English colonies taken 
from Bristol, Chester, &c. he assigned to these 
Ostmen certain proportion of land next adjoin- 
ing to each of these cities, which portion is 
culled in the records of antient times, Cantreda 
Ostmannorum. And all this was observed on 
the name of Sterling. 

For the nature or substance of this money, 
first it was observed, that the coin which was 
properly called the Sterling was the denier or sil- 
ver penny, as appears in the ordinance called 
compositio mensurarum made in the time of E. 1. 
where it is said, ' denarius Anglie, qui nomi- 
' natur sterlingus rotundus, sine tonsura, pon- 
' derabit triginta et duo grana in medio spicae,' 
&c. and every other coin or piece of silver 
was measured by the sterling penny, as the 
groat contained the value of four sterlings, 
and the half groat the value of two sterlings, 
25 Edw. 3. c. 6. and the shilling consisted of 
twelve sterlings, Linwood de Testamentis, C. 
item quia, verb. Centum solidos; and the Mark 
consisted of 13s. and four sterlings, as before 
is shewn from Matt. Paris; and the maile 
(half-penny) was the half of a sterling; and the 
farthing the fourth part of a sterling. See an 
ordinance without date in the Magna Charta 
printed by Tottel, anno 1556, fol. 167, and in 
Rastall's old Abridgment, money 52,' quia 
' multorum regum temporibus provisum fuit, 
' quod propter pauperes denarius argenti, viz. 
' sterlingus, divideretur in obolum et quadran- 
' tem, ex parte domini regis precipitur, quod 
' quicunque recusaverit obolum vel quadrantem 
' debitam habentem formam, capiatur.' See 6 
and 7 Ed. 6. Dyer 82, in the case of Pollards, 
where it appears that a sterling and a denier 
were the same ; for there it is said that two 
pollards passed for one sterling, and accord- 
ingly two sterlings* were paid for one denier. 
And indeed in antient time, every sort of 
money, made of the several metals of which 
money was usually coined, was properly called 
a denarius ; and therefore the French and Ita- 
lians speak properly, when they call all money 
deniers and denarii, for coins (nummi) were 
either copper, silver or gold : each silver one 
was worth ten of copper, and so was called a 
denier; and each gold one was worth ten of 
silver, and in this respect these were likewise 
deniers. And the antient proportion of gold 
to silver was as ten to one ; and this propor- 
tion, as it seems, David observed in the treasure 
of gold and silver which he prepared for the 
building of the temple; for the text says, Chron. 
chap. xxii. ver. 14, ' that he provided for that 
purpose 100,000 talents of gold, and 1,000,000 
talents of silver.' So the first and proper sterl- 
ing coin was a denier. 

And for the substance of this denier or sterl- 
ing penny in Weight and Purity: as to the 
Weight, it was at first the 20th part of an 
ounce, viz. an ounce was cut into 20 sterling 
deniers and no more. See the compositio men- 
surarum made in the time of Ed. 1. ' in veteri 
' libro de magna charta,' fol. 113. b. and in 
Rastall's old abridgment, tit. weights and mea- 
sures, 4. where it is said, that * viginti denarii 
' faciunt unciam, et duodecim unci* faciunt 
' libram;' and so it was until 9 Ed. 3. at which 
time the ounce of silver was cut into 26 pence. 
Annal. de Rob. de Avesbury MS. See several 
ordinances touching the new sterling money, 
made 9 Ed. 3. Rastall, money 345. And such 
proportion was continued until 2 Hen. 6. when 
the ounce of silver made 32 pence; and this 
appears by the statute of 2 Hen. 6. c. 13, 
and also by Linwood, ' de testamentis, cap. 
item quia, verb. cent, solid. ' Hic solidus,' 
saith he, ' sumitur pro duodecim denarus An-
' glicanis; horum 26 ponderabant unciam, cum 
' tamen jam 32 denarii vix faciant unciam.' 
And this gloss was wrote in the beginning of 
the reign of Hen. 6. as it is mentioned in the 
preface to his hook. This standard was con- 
tinued until the 5 Ed. 4. and then the ounce 
of silver made 40 pence; 9 Ed. 4. 49. a. and 
12 Ed. 4. c. 60. in Rot. Parl. Dublin. And 
this continued until 36 Hen. 8. when the king 
prepared for his journey to Ballogne; and then 
an ounce of silver was cut into 60 pence, and 
that standard remains to this day. And so the 
sterling penny, which was at first the 20th part 
of an ounce, is now the 60th part of an ounce; 
and by consequence, the antient sterling penny 
contained as much silver as is contained in the 
three-penny piece that is now current. 

And as to the purity of this sterling [l H.H. 
___________________________________________
• So in the original; but qu. whether it 
should not be pollards ? 


125] STATE TRIALS, 2 James I. 1605.— in Ireland. [126 


P.C. 190.] money, 18s.5½d. of the purest silver 
was contained in each pound, and each pound 
of sterliog money had 1s. 6d½ allay of copper, 
and no more; and of this allay of sterling 
money, the ordinances or statutes of 25 Ed. 3. 
c. 13. and £ Hen. 6. c. 13. make mention. But 
this is well known to all moneyers, and is con- 
tained in all the indentures made between the 
king and the masters of the mint. 

Then the Sterling Money being of such 
weight and fineness, the doubt prima facie, was, 
how this Mixed Money should be said to be 
sterling. And for the clearing of this doubt, it 
was said, that in each common piece of Money, 
there is ' bonitas intrinsica, et bonitas extrin- 
' seca: intrinseca consistit in praetiositate mate- 
' rie et pondere,' viz. fineness and weight; 
' extrinseca bonitas consistit in valuatione seu 
' denominatione, et in forma seu charactere.' 
Budel. de re nummaria, lib. 11. cap.7. And 
this bonitas extrinseca, which is called ' estima- 
' tio sive valor imposititius, est formalis et es- 
' sentialis monetae,' and this form giveth name 
and being to money ; for without such form, 
the most precious and pure metal that can be 
is not money ; and therefore, Molinaeus, lib. de 
mutat. Monetae, saith, ' non materia naturalis 
' corporis monetae, sed valor imposititius est for- 
' ma et substantia monetae, quae non est corpus 
' physicum sed artificiale,' as Aristotle saith, 
Ethic, lib. 5. And so Polit. lib. 1. he saith 
to this effect, that money was first signed and 
imprinted with a certain character, to the in- 
tent, that the people might accept it on the cre- 
dit of the prince or state who publishes it, with- 
out examination or trial of the weight or pu- 
rity. And to this purpose Molineus hath this 
rule, Q. 99. ' de jure non refert sive plus sive 
' minus argenti insit, modo publica, proba, et 
' legitima moneta sit.' Et Balaus l. singulari, 
saith, ' in pecunia potius attenditur usus et cur- 
' sus quam materia.' And Seneca, lib. 5. de 
beneficiis, ' Aes alienum habere dicitur, et qui 
' aureos debet, et qui corium forma publica 
' percussum.' And it was said that the king 
hath the same prerogative to give value to base 
metal by his impression or character, as he 
hath to give estimation to a mean person by 
imparting the character of honour to him; 
' sic fiet viro quem rex honorare desiderat.' 

And so it was concluded, that after the Es- 
terlings, by command of the king of England, 
had made this pure English money, which from 
the name of the makers was called esterling or 
sterling money, the standard of which hath 
been always the most fixed and unchanged in 
all the world, (which hath been a great honour 
to our nation, for in all other kingdoms and 
states, the standards of their money are more 
unsteady and variable,) all money coined by 
the authority of the king of England, and hav- 
ing his character and impression, not only in 
England, but also in Scotland and Ireland, 
hath been sterling money, and so called, re- 
puted and taken by all people, whether the 
matter of it were mixed or pure. And this 
appears by the ordinance which is called ' sta- 
' tutum de moneta magnum,' by which all mo- 
ney is prohibited, only the money of England, 
of Ireland and of Scotland, which was properly 
the sterling money. And therefore Freherus, 
lib. de re nummaria, where he enumerates the 
different money of different nations; ' sterlingi,' 
saith he, ' habentur in Anglia, Scotia et Hiber- 
' nia.' And Bodin, lib. 6. de republ. c. 3. 
speaking of the money pf Scotland ; in Scot- 
land, saith he, are two pounds, (livers) very dif- 
ferent; one of esterlings, the other customary. 
And certainly the usual Scottish pound (livre) 
is like the French livre, and the pound (livre) 
esterling current there is that of England. And 
that base or Mixed Money may be current for 
sterling, appears by the said case of Pollards, 
Dyer 82. b. where it is said, ' quod currebat 
' quaedam moneta in Anglia loco sterlingi quae 
' vocabatur pollards, viz. duo pollardi pro uno 
' sterlingo.'

Fifthly, it was resolved, that although this 
Mixed Money was made to be current with- 
in this kingdom of Ireland only, yet it may 
well be said, current and lawful money of 
England, for two causes. — 1. Because this 
kingdom is only a member of the imperial 
crown of England ; and this appears 3 Hen. 
7. 10. a. where a question was propounded 
to the justices by Hobart, Attorney gene- 
ral, ' si quis sciens monetam ad similitudinem 
' monetae regis Angliae contrafactam, talem 
' monetam in Angliam extra Hiberniam defe- 
' rat, si sit proditio necne : et dixerunt quod 
' Hibernia est quasi membrum Angliae, et ibi- 
' dem legibus Angliae utuntur, et authoritate 
' regia faciunt monetam.' And to this purpose 
it is recited in the statute of faculties, enacted 
in this kingdom, 28 Hen. 8. c. 19. ' that this 
the king's land of Ireland is a member appen- 
dant, and rightfully belongeth to the imperial 
crown of the realm of England, and united unto 
the same.' And in the act of 33 Hen. 8. c. 1. 
by which the stile and title of king of Ireland 
was given to Hen. 8. his heirs and successors, 
it is moreover enacted, that the king shall en- 
joy that stile and title, and all other royal pre- 
eminences, prerogatives and dignities, ' as united 
and annexed to the imperial crown of the 
realm of England.' — 2. It is called lawful mo- 
ney of England, in respect to the place of coin- 
age which was in England, viz. in the Tower of 
London. For although in antient times the 
king had several mints in this kingdom, as he 
had in England, yet since the commencement 
of the reign of queen Elizabeth, all the mints 
have been reduced to one place, viz. The Tower 
of London; and this was done upon good rea- 
son of state, to prevent the falsification of mo- 
ney. And therefore, before the Norman con- 
quest, all money was coined in monasteries; 
for it was presumed, that in such places no fal- 
sity or corruption would be found. And this 
agrees with the prudence of the Roman state, 
which had but one mint for all Italy, and that 
was in the temple of Juno at Rome, who for 
this cause was called ' Juno moneta.' And for 
this purpose, the emperor Charlemain made a 

127] STATE TRIALS, 2 James I. 1605.— The Cote of Mixed Money [128 

law, in these words, viz. ' de falsis monetis, 
* quia in diversis locis contra justitiam fiunt, vo- 
* lumus, ut in nullo alio loco moneta, nisi in pa- 
* latio nostro, fiat.' Choppinus de Domanio 
Franciae, 217. a. Yet in 28 Ed. 1. this prudent 
king, for the facility of exchange, caused several 
mints to be established in several towns in 
England; one in the Tower of London with 
thirty furnaces, another at Canterbury with eight 
furnaces, another at Kingston upon Hull with 
four furnaces, another at Newcastle upon Tyne 
with two furnaces, another at Bristol with four 
furnaces, and another at Exeter with four fur- 
naces. Tractat. de moneta Angliae, made in 
the time of Ed. 1. which I found in the library 
of sir Robert Cotton, which was the book of 
lord Burleigh, late lord high treasurer of Eng- 
land. See also the close rolls of 29 Ed. 1. in 
the Tower of London. And this appears also 
by the inscription of divers antient coins, on 
which are expressed the names of the cities 
where they were coined, according to a verse 
made in the time of Ed. 1. and taken by Stow 
out of Robert le Brun, an antient manuscript : 
' Edward did smite round penny, half-penny, 
farthing.' 

And then followed, 
' On the king's side, was his head and his name 
written, 
' On the cross side, the city where it was smit- 
ten.' 

And this same king having established a 
mint at Dublin with four furnaces, and having 
constituted Alexander Norman of Lusk master 
of the mint there, as appears in several records 
in the archives of the Castle of Dublin; after- 
wards, viz. 32 Ed. 1, when he had altered the 
form of the coin, he caused divers stamps con- 
sisting of two parts, of which the one contained 
the pile, and the other the cross, to be trans- 
mitted to the treasurer of this kingdom, as is 
recorded in the red book of the Exchequer here 
in this manner. ' Magister Gulielmus de Wi- 
' mundham, custos cambiorum domini regis in 
' Anglia, de precepto venerabilis patris Bathon. 
' et Wellensis episcopi, thesaurarij ejusdem do- 
' mini regis, misit domino Gulielmo de Esen- 
' den, thesaurario in Hibernia, viginti quatuor 
' pecias cuneorum, pro moneta ibidem facienda, 
' viz. tres pilas cum sex crucellis pro denarijs, 
' tres pilas cum sex crucellis pro obolis, et duas 
' pilas cum quatuor crucellis pro ferlingis, per 
' Johannem le Minor, Thomas Dowle, et Jo- 
' hannem de Shorduch, clericos, de societate 
' operariorum et monetariorum London, per 
' eosdem ad monetam praedictam operandam et 
* monetandam.' And there it is likewise men- 
tioned. before what witnesses the said stamps 
where delivered; for ' cuneus monetae tanquam 
' sigillum regni custodiri debet,' as it is said in 
the treatise ' de moneta Angliae ' before men- 
tioned; and the reason is, because to coun- 
terfeit the one or the other is high treason. 

And at this time there was but one mint in 
Ireland, to wit, at Dublin. But long after- 
wards, viz.3 Ed. 4. a mint was established at 
Waterford, another at Trim, and another at 
Galway; Rot. Pari. 3 Ed. 4. in Castro Dublin. 
And 12 Ed. 4. Rot. Parl. ibid, it is ordained, that 
the masters of the mint in Ireland should make, 
in the castles of Dublin and Trim, and in the town 
of Drogheda, five sorts of coin, the groat, the 
half-groat, the penny, half-penny and farthing; 
by which it is manifest that in former times, 
there were five several mints in Ireland, in the 
several towns aforesaid. But all these were 
discontinued in the time of Ed. 6, so that since 
the reign of that king, all die money made in 
Ireland hath been coined in England ; and 
therefore this mixed money, coined in the 
Tower of London, may be properly called 
current and lawful money of England. 

Sixthly and lastly, it was resolved, that al- 
though at the time of the contract and obliga- 
tion made in the present case, pure money of 
gold and silver was current within this king- 
dom, where the place of payment was assign- 
ed ; yet the mixed money, being established in 
this Kingdom before the day of payment, may 
well be tendered in discharge of the said obli- 
gation, and the obligee is bound to accept it ; 
and if he refuses it, and waits until the money 
be changed again, the obligor is not bound to 
pay other money of better substance, but it is 
sufficient if he be always ready to pay the 
mixed money according to the rate for which 
thev were current at the time of the tender. 
And this point was resolved on consideration 
of two circumstances, viz. the time and the 
place of the payment ; for the time is future, 
viz. that if the said Brett shall pay or cause to 
be paid 100/. sterling, current money, &c. and 
therefore such money shall be paid as shall be 
current at such future time; so that the time 
of payment, and not the time of the contract, 
shall be regarded. 

Also, the future time is intended by the words 
current money ; for a thing which is passed is 
not in cursu; and therefore all the doctors, who 
write ' de re nummaria,' agree in this rule, 
' verba currentis monetae tempus solutionis de- 
' signant.' And to this purpose are several 
cases ruled in our books, 6 and 7 Ed. G. Dyer 
81. b. After the fall and embasement of 
money, 5 Ed. 6. debt was brought against the 
executors of lessee for years, for rent in arrear 
for two years, ending Mich. 2 Ed. 6. at which 
time the shilling (which at the time of the 
action brought, was cried down to 6d.) was 
current for 12d. the defendants pleaded a 
tender of the rent on the days when it became 
due, ' in peciis monetae Angliae vocat. shil- 
' lings, qualibet pecia vocat, shilling, adtunc so- 
' lubili pro 12d.' and that neither the plaintiff  
nor any other for him was ready to receive it, 
&c. and concluded that they are still ready to 
pay the arrears ' in dictis peciis vocat. shillings, 
' secundum ratam,' &c. On this plea, al- 
though the plaintiff demurred, ye*t he was con- 
tent to take the money at the rate aforesaid, 
without cosrs or damages. To the same pur- 
pose is the case of Pollards adjudged, 29 Ed. 
1. and reported by Dyer 82. b. where in debt 
on an obligation for payment of 24l. at two 


129] STATE TRIALS, 2 James I. 1605.— in Ireland. [130 


several days, the defendant pleads, that, at the
days limited for payment of the debt in demand 
' currebat quaedam moneta quae vocabatur Pol- 
ards, loco sterlingi,' &c. and that the defendant 
at the first day of payment tendered the moiety 
of the debt in the money called Pollards, which 
the plaintiff refused, and tiitit he is still ready, 
&c. and offered it in court, which is not denied 
by the plaintiff; ideo concessum est, that he re- 
covered one moiety in Pollards, and the other 
in pure sterling money. See 9 Ed. 4. 49. a 
remarkable case on the change of money, 
where it is said, that if a man in an action of 
debt demands 40l. it shall be intended money 
which is current at the time of the writ pur- 
chased. And there a case in the time of Ed. 1. 
is put, which is directly to this purpose. In 
debt brought upon a deed for 30 quarters of bar- 
ley, price 20l. it was found for the plaintiff, and 
the jury was charged to enquire of the price at 
the time of the payment, and it was said that 
at the time of the payment a quarter was at 
12s. but at the time of the making of the 
deed, it was only at 3s. and the plaintiff re- 
covered 18l. fur the corn according to the 
price of it at the time of the payment. To 
this purpose also, Linwood hath a notable 
gloss on the constitution of Simon Mepham, 
Lb. 3. de Testamentis cap. item quia. For 
where the constitution is such, ' pro publica- 
' tione testamenti pauperis, cujus inventarium 
' bonorum non excedit centum solidos sterlin- 
' gorum, nihil penitus exigatur.' he maketh 
this gloss, ' hic solidus sumitur pro duodecim 
' denarijs Anglicanis, &c. Sed quero,' saith 
he, ' numquid circa hos centum solidos debeat 
' considerari valor in moneta jam currente, 
' vel valor sterlingorum qui currebant tempore 
' statuti;' and there he resolveth, ' quod ubi 
' dispositio surgit ex statuto, ut hic, licet mo- 
' neta sit diminuta in valore, tamen debet con- 
' derari respectu monetae novae currentis, et 
' non respectu antique. Nam mutata moneta, 
' mutari videtur statutum, ut scilicet intelliga- 
' tur de nova, et non de veteri.' See Reg st. 
50. a. and 54. b. where the king issues his writ, 
to be certified of the value of a church. The 
words of the writ are secundum taxationem de- 
cimae jam currentis. And 31 Ed. 3. Fitz. H. 
Annuity 28. an annuity was granted to I.S. 
until he was promoted by the grantor to a suf- 
ficient benefice; I.S. brings a writ of annuity 
against the grantor, who pleads that he had 
tendered to the plaintiff a sufficient benefice; 
and there issue was taken on the value of the 
benefice at the time of the tender. 

But it was said that, although in contracts 
these words ' currentis monetae' shall relate to 
the time of the payment ; yet in wills, they 
shall relate to the time of making the will ; for 
the bequest is in the present tense, ' I give 
' and bequeath,' &c. and therefore legacies 
shall be paid in such money as is current at 
the time of the making the testament, or ac- 
cording to the rate thereof. It was also said, that 
if a man hath 1000l. of pure silver in marriage 
with his wife, and afterwards they are divorced 
causa pracontractus, by which the wife is to 
receive her portion : or if a man recovers by 
an erroneous judgment 100l. in debt, and hath 
execution in pure silver money, and afterwards 
the judgment is reversed, so that lie is to be 
restored to all that he hath lost, although base 
money be established in the mean time, resti- 
tution shall he in such money as was current 
at the time of the marriage, and at the time of 
the recovery. But these latter cases were not 
resolved. 

And as to the circumstance of place, it was 
resolved, that although the contract was made 
in London, yet, the place of payment being 
appointed in Dublin, of necessity the obligor 
must make his tender in the mixed money at 
the time of the payment ; for all other money 
was cried down and made bullion by the pro- 
clamation aforesaid, and this money only esta- 
blished; so that if the obligee had refused this 
mixed mouey, he had committed a contempt, 
for which he might be punished. Also the 
judges are not bound to take notice of any mo- 
ney, that is not current by proclamation. And 
therefore Prisot saith, 34 Hen. 6. 12. a. ' we 
' are not apprised of 6l. Flemish, as we are of 
' 100 nobles;' and therefore in all contracts of 
merchants, ' consuetudo et statuta loci, in 
' quem est destinata solutio, respicienda sunt.'
Budelius de re nummaria, lib. 2. c. 21. And 
it was said, that if at this day the law should 
be taken, as it was taken in the time of Ed. 1. 
that upon judgment in debt given in England, 
on a testatum that the defendant hath nothing 
in England, but that he hath goods and lands 
in Ireland ; a writ of execution shall be award-
ed to the chief justice or deputy of Ireland, to 
levy the debt there, (which writ is found in 
Registro Brev. Jud. 43. b.) the sum in such 
case shall be levied according to the rate of 
Irish money, and not of English money, and in 
such coin as shall be current in this kingdom, 
at the time of the execution. 

And according to this Resolution, several 
other Cases on the same point were afterwards 
ruled and adjudged in the several Courts of 
Record in Dublin. 



VOL. II.