Anglicus ex vicesima sexta parte unciæ, nam viginti sex nummi argentei sterlingi pendebant únciam, autore Polydore Virgili, in Hist. Anglica, lib. 16. Dictus autem est hic num

made by her progenitors between the standard of money made for this kingdom, and the money of England. And note, that that which is called the standard of money in this case, is the same which is called by the French piedmus, ut idem author tradit, sterling, quod de money, by Bodin pes monetarum; as if the prince there pedem figat, having established the weight and purity of money in a certain proportion, which should not be transgressed by the moneyers.

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, cæterum Errico 3. 'Britanniæ 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 England, in the time of Hen. 6.) tit. de testam. C. Item, quia, verbo, Centum solidos, saith, sterling nomen erat argenteæ monetæ, et habebat similitudinem denarii usualis, hoc salvo, quod in unâ quartâ habebat effigiem avis, quæ

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. Budelius de re nummariâ, libr. 1. c. 5. Princeps ' ad arbitrium suum, irrequisito assensu subdi'torum, valorem monetæ constituere potest; quia populus, quantum ad hoc, omnem potes-vocatur sturnus, Anglice, sterling.' 'tatem et jurisdictionem in principem seu im'peratorem transtulisse dicitur.' And a little after in the same chapter, although some doctors are of opinion, principem sine assensu 'populi monetam mutare non posse,' yet he concludes, si princeps consuevisset mutare 'monetam auctoritate propriâ, sine consensu 'populi, a tempore cujus initii memoria non 'existit, tunc libere imposterum eum hoc facere posse. L. hoc jure Paragr. ductus aquæ. ff. de aquia quotid. &c.' And Covarruvias, libro de collatione veterum numismatum, cap. De mutatione monetæ, saith, princeps potest mutare monetam ratione publicæ 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 mutatione monetæ, 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 á just and honourable cause.

Others have been of opinion, that this English 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' quidam monetam probam Angliæ quæ sterling money dicitur, hinc denominatam volunt, frustra sunt; a Germanis enim, quos Angli Esterlingos ab orientali situ vocarunt, facta est appellatio; quos Johannes rex, ad argentum in suam puritatem redigendum, primus evocavit; et ejusmodi nummi, Esterlingi, 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 counterfeit 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 uncias bonorum et legalium esterlingorum, tresdecim solidis et quatuor sterlingis pro qualibet unciâ computatis.' And the same author, fol. 710, saith, ' eodem tempore moneta Esterlingorum, propter sui materiam desiderabileın,

6

Fourthly, it was resolved, that the said mixed money having the impression and inscription 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 consideration of this point, the name and the nature of Sterling Money were enquired and discovered. As to the name of Sterling some doctors of the civil law, being deceived by the erroneous report of Polydore Virgil, have conceived, that this English money was called Sterling, because the form of a stare, the dimi-detestabili circumcisione cæpit deteriorari et nutive of which is sterling, was imprinted or 3 corrumpi.' And fol. 575. "Comitissa de stamped upon it, and therefore Covarruvias, | Biarde venit ad regem cum 60 militibus, lib. de collatione veterum numismatum, c. 2. 'sterling' (saith he) est argenteus nummus

6

·

6

ducta cupidine Esterlingorum, quibus noverat regem Angliæ abundare, et accepit a rege

qualibet die pro stipendio tresdecim libras Esterlingorum, &c.' And Hoveden in Rich. 1. fol. 377. b. makes mention of this money in these words, videns igitur Galfridus Ebora'censis electus, quod nisi mediante pecuniâ ' amorem regis fratris nullatenus habere po-sit, 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.

*

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 accordingly 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 Italians 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 deuier; 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 proportion, 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 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 And for the substance of this denier or sterlneglected by the Irish. These cities and towns ing penny in Weight and Purity: as to the were under the protection of king Edgar and Weight, it was at first the 20th part of an Edward the Confessor before the Norman Con- ounce, viz. an ounce was cut into 20 sterling quest: and these Esterlings in the antient deniers and no more. See the compositio menrecords of this kingdom are called Ostmanni, surarum made in the time of Ed. 1. in veteri And therefore, when Hen. 2. upon the first libro de magnâ chartâ,' fol. 113. b. and in conquest, thought it better to people these Rastall's old abridgment, tit. weights and meacities and towns with English colonies taken sures, 4. where it is said, that viginti denarii from Bristol, Chester, &c. he assigned to these 'faciunt unciam, et duodecim unciæ faciunt Ostmen certain proportion of land next adjoin-libram;' and so it was until 9 Ed. 3. at which ing to each of these cities, which portion is called in the records of antient times, Cantreda Ostmannorum. And all this was observed on the name of Sterling.

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 For the nature or substance of this money, proportion was continued until 2 Hen. 6. when first it was observed, that the coin which was the ounce of silver made 32 pence; and this properly called the Sterling was the denier or sil- appears by the statute of 2 Hen. 6. c. 13, ver penny, as appears in the ordinance called and also by Linwood, de testamentis, cap. compositio mensurarum made in the time of E. 1. item quia, verb. cent. solid. Hic solidus,' where it is said, denarius Angliæ, qui nomi- saith he, sumitur pro duodecim denariis Annatur sterlingus rotundus, sine tonsura, pon-glicanis; horum 26 ponderabant unciam, cum 'derabit triginta et duo grana in medio spicæ,' &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 Tottei, anno 1556, fol. 167, and in Rastall's old Abridgment, money 52, quia 'multorum reguin temporibus provisum fuit, quod propter pauperes denarius argenti, viz. 'sterlingus, divideretur in obolum et quadrantem, ex parte domini regis precipitur, quod ' quicunque recusaverit obolum vel quadrantem

'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 book. This standard was continued 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 Bullogne; 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 [1 H. H.

*So in the original; but qu. whether it should not be pollards?

P. C. 190.] money, 18s. 51 d. of the purest silver was contained in each pound, and each pound of sterling money had 1s. 6d. allay of copper, and no more; and of this allay of sterling money, the ordinances or statutes of 25 Ed. 3. c. 13. and 2 Hen. 6. c. 13. make mention. But this is well known to all moneyers, and is contained in all the indentures made between the king and the masters of the mint.

'tutum de moneta magnum,' by which all money is prohibited, only the money of England, of Ireland and of Scotland, which was properly the sterling money. And therefore Freherus, lib. de re nummariâ, 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 of Scotland; in Scotland, saith he, are two pounds, (livers) very different; 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 quædam moneta in Anglia loco sterlingi quæ vocabatur pollards, viz. duo pollardi pro uno 'sterlingo.'

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 extrinseca: intrinseca consistit in prætiositate materiæ et pondere,' viz. fineness and weight; extrinseca bonitas consistit in valuatione seu denominatione, et in formâ seu charactere.' Budel. de re nummariâ, lib. 11. cap. 7. And this bonitas extrinseca, which is called estimatio sive valor imposititius, est formalis et es'sentialis monetæ,' 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, Molinæus, lib. de mutat. Monetæ, saith, non materia naturalis ⚫ corporis monetæ, sed valor imposititius est for-7. 10. a. where a question was propounded

ma et substantia monetæ, quæ 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 intent, that the people might accept it on the credit of the prince or state who publishes it, without examination or trial of the weight or purity. 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,s alienum habere dicitur, et qui aureos debet, et qui corium formâ publicâ '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 Esterlings, 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 having his character and impression, not only in England, but also in Scotland and Ireland, hath been sterling money, and so called, reputed and taken by all people, whether the matter of it were mixed or pure. And this appears by the ordinance which is called sta

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.

to the justices by Hobart, Attorney gene-
ral, si quis sciens monetam ad similitudinem
monetæ regis Angliæ contrafactam, talem'
monetam in Angliam extra Hiberniam defe-
rat, si sit proditio necne: et dixerunt quod
Hibernia est quasi membrum Angliæ, et ibi-
'dem legibus Angliæ 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 inember 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

law, in these words, viz. de falsis monetis, |
quia in diversis locis contra justitiam fiunt, vo-
'lumus, ut innullo alio loco moneta, nisi in pa-
latio nostro, fiat.' Choppinus de Domanio
Franciæ, 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 monetâ Angliæ, 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.'

Galway; Rot. Parl. 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 the 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 although at the time of the contract and obligation made in the present case, pure money of gold and silver was current within this kingdom, where the place of payment was assigned; yet the mixed money, being established in this kingdom before the day of payment, may well be tendered in discharge of the said obligation, 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 suficient if he be always ready to pay the mixed money according to the rate for which they 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 100l. 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.

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; afterwards, viz. 32 Ed. 1, when he had altered the form of the coin, he caused divers stamps consisting of two parts, of which the one contained the pile, and the other the cross, to be trans- Also, the future time is intended by the words mitted to the treasurer of this kingdom, as is current money; for a thing which is passed is recorded in the red book of the Exchequer here not in cursu; and therefore all the doctors, who in this manner. Magister Gulielmus de Wi-write de re nummaria,' agree in this rule, 'mundham, custos cambiorum domini regis in ' verba currentis monetæ tempus solutionis de Anglia, de precepto venerabilis patris Bathon. signant.' And to this purpose are several 'et Wellensis episcopi, thesaurarij ejusdem do- cases ruled in our books, 6 and 7 Ed. 6. Dyer mini regis, misit domino Gulielmo de Esen-81. b. After the fall and embasement of 'den, thesaurario in Hibernia, viginti quatuor money, 5 Ed. 6. debt was brought against the pecias cuneorum, pro moneta ibidem facienda, executors of lessee for years, for rent in arrear viz. tres pilas cum sex crucellis pro denarijs, for two years, ending Mich. 2 Ed. 6. at which tres pilas cum sex crucellis pro obolis, et duas time the shilling (which at the time of the pilas cum quatuor crucellis pro ferlingis, per action brought, was cried down to 6d.) was Johannem le Minor, Thomas Dowle, et Jo- current for 12d. the defendants pleaded a hannem de Shorditch, clericos, de societate tender of the rent on the days when it became operariorum et monetariorum London, per due, in peciis monetæ Angliæ vocat, shil' eosdem ad monetam prædictam operandam et lings, qualibet pecia vocat, shilling, adtunc so'monetandam.' And there it is likewise men- lubili pro 12d. and that neither the plaintiff tioned, before what witnesses the said stamps nor any other for him was ready to receive it, were delivered; forcuneus monetæ tanquam &c. and concluded that they are still ready to sigillum regni custodiri debet,' as it is said in pay the arrears in dictis peciis vocat, shillings, the treatise de moneta Angliæ' before mentioned; and the reason is, because to counterfeit the one or the other is high treason.

secundum ratam,' &c. On this plea, although the plaintiff demurred, yet he was content to take the money at the rate aforesaid, And at this time there was but one mint in without costs or damages. To the same purIreland, to wit, at Dublin. But long after-pose is the case of Pollards adjudged, 29 Ed. wards, viz. 3 Ed. 4. a mint was established at 1. and reported by Dyer 82. b. where in debt Waterford, another at Trim, and another at on an obligation for payment of 241. at two

But it was said that, although in contracts Record in Dublin.