[Page] Mr. FLEETWOOD's SERMON AGAINST CLIPPING.
This Court doth desire Mr. Fleetwood to Print his SERMON, this Day preached at the Guild-Hall Chappel, before the Lord MAYOR and Aldermen of this City.
Imprimatur.
A SERMON AGAINST CLIPPING, Preach'd before the Right Honourable the Lord Mayor AND Court of ALDERMEN, AT GƲILD-HALL Chappel, On Decemb. 16. 1694.
By W. FLEETWOOD, Chaplain in Ordinary to Their Majesties.
LONDON, Printed by Tho. Hodgkin, and are to be Sold by John Whitlock, near Stationers-Hall, 1694.
AFter a generous Contest betwixt Ephron the Hittite, offering freely as a Gift the Cave of Machpelah, and Abraham handsomly refusing so to take it, but desiring earnestly to purchase it for a possession of a burying-place amongst them, at an appointed Price, it was agreed, That he should pay Four hundred Shekels of Silver for it. And Moses tells us in the Text, That Abraham weighed to Ephron, &c. Of which Words, the Use that I intend to make, at present, will be this, to take occasion from them to consider. First, The Use and Necessity of Money to the carrying on the Trade and Commerce of the World. Secondly, The Mischiefs of corrupting and debasing Money, the coyning of bad Metal, or the [Page 2] clipping and stealing from good. Thirdly, The Reasonableness and Justice of the Laws that punish such Offenders.
I.
First, Of the Use and Necessity of Money to the carrying on the Trade and Commerce of the World.
Men finding it, at first, impossible to subsist of themselves, and by the immediate Product of their own Labours, were constrain'd to have recourse to one another, to supply their Wants: They carried what they had the greatest plenty of, and best could spare, to purchase what they needed most, at another's Hands; who gave them what they came for, in consideration of what they brought, if he found it valuable with others, or useful to himself.
This was, it is agreed, the way Men took at first, in the Infancy of Time and Trade, to furnish themselves with the Necessaries, and some of the Conveniencies of Life, by Bartering and Exchanging one Commodity for another.
But this was found to be very inconvenient, upon the account of its being difficult to agree upon the Price and Value of what each had in his Possession; and the trouble of carrying and transporting Goods and Cattle from Place to Place, and losing oftentimes their Pains and [Page 3] Labour, by reason that no one wanted what they brought, nor would exchange, unless they would part with it, to their great loss. And therefore, to prevent these Inconveniencies, it was agreed upon (we know not when, nor how, exactly) that something should be us'd in common by them all, with which they should be able to purchase every thing they wanted, from another; and by which they might rate and value all things that they had themselves: To set up (in a word) some one particular thing, to be the common Measure of the Worth and Price of every thing besides: And this was to be something that was portable, for ease and convenience; something durable, that it might not by constant use wear soon away; and something not over-scarce, nor overcommon; and something, lastly, that was beautiful. All these Qualities concurring in Metals, such as Brass and Copper, Silver and Gold, they were each of them pitched upon, by several Nations, according to the Plenty, or the Scarcity they had of them, to serve to all the above-nam'd Purposes: And this great thing that was to counter-balance, and (as the Preacher says it does, Eccles. x. 19.) to answer all things else, was what we now call Money.
[Page 4] How long this thing has been in practice in the World, is of no great▪ Use to enquire; the mention of it in the Text, is older than we can find in any Book besides, by at least Seven hundred Years, and yet there is no doubt but Money was us'd before the Days of Abraham. But what is to our purpose to observe, is, That it was valued both by Buyer and Seller, according to its Weight; and all the Money that was received, was first weighed, as being the only means to remedy the former Inconveniencies; for by this, a Man was sure, that he received so much Money as he rated his Goods at, and with which he might purchase as much of what he wanted, as he could have had in exchange for his Goods, without the trouble and hazard of carrying them up and down. For Money is the common Pawn or Pledge, that one Man takes, in hopes of parting with it to another, for what he wants, whenever he sees fit. But this could never be, unless its weight were certain and determin'd. It is therefore sure, that weight is Mens security, and the true intrinsick worth of Money.
But because it was too troublesome, and took up too much time, to carry Scales, and weigh whatever they receiv'd, Men found it [Page 5] convenient to have a Stamp or Mark set upon every Piece, to signifie its weight and value; by which Men knew what they receiv'd or paid away, with little or no trouble.
Yet something still was wanting to secure the truth of Payments: Men might be fraudulent and false, and bring their Money, truly Mark'd and Stamp'd, and of a just Weight, but of somewhat a baser Metal, and more alloy than it should truly be; by which a Trader should receive as much for quantity and denomination as he ought, but not of equal fineness and goodness with the current Coin. To guard Men therefore against all these Mischiefs, and to keep them from doing and receiving Injuries, and from imposing one upon another, and to secure Trade, it was judged absolutely necessary to intrust the Kings and Governours of Nations with the Care and Charge of Coining all the Publick Money. For who are so fit as they, who are presum'd to be the Fathers of their People, the Men of greatest Honour and Integrity, who are the most concern'd, and have the most to win or lose, and who are appointed and set up by God and Man, for no other end and purpose than to consult, procure, and conserve [Page 6] the general Good of their respective People: Who are so fit as they to have this Charge committed to them, that is of such Importance, and so universal a concern? So that now we have the Publick Faith and Conscience, Interest and Honour, all engag'd to secure to the Receiver the Weight and Fineness of every single Piece of Money. The Heads of Princes are not only stamp'd for Ornament and Honour, and to declare who are and have been Governours of such a Nation, but publickly to vouch the true intrinsick worth of every Piece, and tell Men that they there receive so much Silver, and of such a fineness, and that that Image warrants it: And for this cause it has been always highly Penal to Counterfeit the Publick Stamp, and to Coin Money, tho' of equal Weight and Goodness with the King's: Not that any great evil is hereby done to any Man, but that if this were indulg'd to private People, the World would fall again into distrust and fear, into suspicion and uncertainty about their Money, and return anew to weighing and trying all they took.
This is the short Account and History of Money. Necessity (which grows continually, and will do so to the World's end) first introduc'd [Page 7] the use of it; and it could not be useful but by being the common Standard and Measure of the Price and Worth of every thing besides; and it could not be this, but by being of such a certain and determined Weight and Fineness; and of this we could not be secure, without much Pains and Trouble, but by entrusting the Coinage of it to Kings, and such as they Commissionate and Appoint, to see that the Commonwealth receive no dammage.
II.
We are now in the Second Place, to see the Mischiefs of corrupting and debasing Money, the Coining bad Metal, and the Clipping and Stealing from good.
The Coining even of good Metal and full Weight, is (we have seen above) of ill Example, and of ill Consequence, when done by Private People, and without Authority, because it lays the way open to Deceit and Fraud, and takes away the Trust and Security Men have in the Princes faithful and honest dealing with them, and brings them again to a state of jealousie and caution each of one another. But, to be sure, the Coining of bad Metal, must be mischievous: Just so much Mischief and Injury must needs be done to every individual [Page 8] Man that takes it, as there is wanting of the usual Weight and Fineness in each single Piece. Suppose, for instance, Men should mix one third of baser Metal with their Silver, and put it off for good and true, and such as it pretends to be; 'tis manifest, that every one receiving such a Piece would be impos'd upon, and lose one third of what he ought to have: For the Publick Faith engages, that every Man receiving a Piece of such a Mark and Denomination, shall receive in it so much Silver, and of such a Fineness; and here a Man receives but Twenty Pence for Half a Crown, whose Stamp proclaims it is to go for Thirty. The Case indeed is not so well as I put it, for they who Coin false Money, give us neither a fifth nor sixth part of good Silver; and all that is wanting is so much Cheat and real Injury: So that that impudent Demand of Who is hereby Wronged? can find no Place; for every one is wronged that takes this Money, and every one is actually a loser more or less, by reason it quickly stops, and is not currant: Here every body sees and feels the Injury; and if it falls upon the Poor and Labouring Man, he loses, it may be his Day's Work, and the Family its Subsistence and Provision: But I [Page 9] put the Case so fair, that I may not multiply particulars, but join the Clipping of good Money with the Coining of bad, and mixing baser Metal with Silver: For if Half a Crown be Clip'd to Twenty Pence, it is equal to Half a Crown not Clip'd, that has but Twenty Pence of Silver in it. And the Injury to Private People is the same; and therefore I consider them as one and the same Offence, in that they both alike defraud the Receiver of what is his due; for there the Injustice lies: that is the Sin at the bottom; there is so much stollen from every Man as there is less given him than he should receive.
And this administers occasion to People, either Strangers or Natives, to Cheat us even with true Silver; for they may secretly Coin us (as 'tis probable they do) a great deal of true Silver, but not of full Weight, and putting it off under the shelter of Clip'd Money, do gain thereby at least one third. Now no one gains but what another loses in such Bargains. By this the Foreigners (that are but dextrous and will venture) have opportunity of purchasing what Commodities they please, and paying us with little Money, for which they must otherwise (were there no Money Clip'd) give us good Silver, and [Page 10] full Weight, either of theirs, or our own Coin.
Thus Clipping lays us open to the Cheats and Injuries of all the World, as well as of our own People. I do not say that Strangers do, but that they may improve the Villany and Injustice of our own Clippers, to their own advantage, and to our farther Mischief; and 'tis a wonder if they do not: For it is not very likely that one Nation should raise the value of its Money above its true intrinsick worth (which is indeed its Weight and Fineness) but that its Neighbours will have some advantage by it, by Importing Money of the like Weight with that which goes Currant. Now the passing of Money Clip'd, for Money of just Weight, is, in effect and truth, raising our Money, and making that to go for Thirty Pence, which is indeed but worth Twenty. And therefore there is, at least, some hazard of Foreigners Coining and Importing Money of equal Weight and Fineness with our own, which cannot possibly be done, without our great prejudice: Now this could never come to pass without our Clipping, for that alone it is that gives them opportunity; that is the handle they may take their hold of: And if we do not see Money of this kind pass commonly about, it is no Argument that there [Page 11] is none Imported from abroad, nor Coin'd at home, for a little Art is sufficient (they say) to cover that deceit, and make it pass for old.
Well, but the Money passes still for good and currant Coin, and where is then the Mischief? a little Shilling buys as much as a great one, and the Name and Character of Pieces are as good a Standard and Measure of the Price and Worth of all things else, as if they were full Weight, and answered to their Name and Character; and therefore where is the Offence and Injury? who is hereby wronged? This indeed is the last resort of all the Patrons of this Practice; the Refuge to which the Guilty fly themselves, and the consideration that stirs the Peoples pitty at their Sufferings; they think that hereby none is Injur'd, but this is a mistake, for every one is Injur'd more or less by Clipping. The Merchant that Exports more Goods from home, than he Imports from abroad, must unavoidably discharge the over-ballance with good Money; this he can never do with Clip'd, for it is not Caesar's Face and Titles, but Weight and Goodness that procure Credit: And if a Foreigner Import more of his Country Goods than he carries away of ours, the over-ballance must be paid in weighty Money, for the Clip'd will not [Page 12] go abroad: Now, if the Exportation of our weighty Money (which is only now the Mill'd) be a mischief to the Nation, we see it is occasion'd chiefly by the Clipping: for if the Old were of the same due Weight with the New (as it is before these Thieves steal from it) the New and Old would be Exported alike; and then the Complaint would only be of the Exportation of Money in general; which, whether it be Good or Evil to a Nation, I have nothing to say: Only one cannot help seeing, that as there is Law on one side, so there is unavoidable Necessity on the other, if we Import more Foreign Goods than we carry out of our own Kingdom. I am only concern'd to say, that if Exporting our New-Money be a mischief, it is owing especially to the Clipping of the Old; and that therefore Clipping is Injurious. And if we do not give these Foreigners our weighty Money in exchange for their Commodities, because we cannot get it, yet we must give them Goods proportionably more or better; They will not be Losers by our Clipping: They will either contract for Money of full Weight (if they be to carry Money home, or to another Trading Country) or for proportionable allowance in the Goods they take for what they bring. And what is the consequence [Page 13] of a Merchant's paying more for what he buys of a Foreigner, but that he will ask a better Price of the Retailer? And the Consequence of that must needs be, that every one that buys must make amends for the Defect of clip'd Money. And thus the Injury is universal; all that consume Commodities of Foreign growth or make, are affected more or less by this first Injury; but because the Mischief is so general, and diffus'd, and at such distance and remove, Men either think not at all, or but slightly of it.
An Instance, it may be, will make the Matter plain to every one. Suppose then that a Foreigner import (and it is the same thing, as if we fetch'd) from abroad, Goods to the value of Thirty thousand Pounds; but it is Silver only, and not Goods that he will have in exchange for what he brings: You are therefore sure, that he means not Thirty thousand Pounds in clip'd Money, for that he sees is no more worth than Twenty; and you may call it how, or what you please, at home, but it is not, as the Text expresses it, Money currant with the Merchant; i. e. with one that Trades abroad, unless it be of full Weight. The Commerce therefore is at an end, unless you can procure him full Money; which being impossible, (we may well enough suppose it so, for so it will shortly be, [Page 14] without all peradventure) it must be made up of the clip'd, and then he receives what is but as Thirty to him, but it may be very near Forty from us. And who must make up this, but we that buy these Goods at second, or third, or farther hand? The Merchant will not sell that for Thirty which cost him Forty, we may be sure; and therefore it is evident, to a Demonstration, That every one pays proportionably more for what he buys, by reason of Clipping, and therefore every one is cheated by it, and cheated constantly, altho' he mind not the particulars.
This Evil is indeed avoided, where Foreigners will take our clip'd Money, in assurance of putting it off again, for Goods they want to carry home; but it is only avoided for the present; the Nation will unquestionably feel it, ere long, to their great smart; the Punishment is indeed deferr'd, but every one knows that that is no acquittance.
Suppose a little farther. That a Company of ill-designing People should buy up all the Plate in London and pay for it in clip'd Money: The Goldsmiths will by these means give more away than they receive, by at least one third of Sterling Silver. This opens the way to their prodigious loss, for if the Money should be call'd in then, (and why not then, as well as any time after [Page 15] or besides?) they must undoubtedly be losers so much by it; and why should any Body of Men be so expos'd to Ruine, by such Villainy? Well, but they are content to Traffick at this Rate; yes, and so must every one besides, by a strong Necessity; but it is still in hopes that they shall pass away what they receive, at the same Price: But will not this Hope perish sometime or other? Yes, unquestionably, but because we know not when, we do not value it.
But is not Clipping, notwithstanding this uncertainty of Time, an Injury and piece of Theft? Because we do not feel at present, do we never fear a Mischief for the future? We think not so weakly in any other Case. What makes Men plant, in their Estates, the Trees, they know that they shall never reap the Fruits of? What makes them build the Houses, that will last for many Generations after they are dead and gone, but the Care and Concern they have for their Posterity, that it may be well with their Children, and with their Childrens Children after them? We see Men guard, in all their Contracts, as much against Evils to come, as those that are present, or near at hand. If a Man should undermine our House, we should not be content and easie, altho' the Men of skill should assure us, it would last and [Page 16] our time, with all security; we should be fearful that it might not do so; or if it should, we should be careful for our Children.
Whoever lays the Foundation of our Misery, does then begin to make us miserable, tho' we may not feel it for some time after. So when we decline towards old Age, we often find our selves pain'd and diseas'd, with the Strains that happened in Youth, and vigorous Exercises, which then were over-look'd and quite neglected. No one can tell exactly when this Mischief will break out, and what the Effects will be; but let them be as kind as they can, they will be very heavy to the Nation. When once the suspicion of calling in this Money shall appear, there will unavoidably be a suddain stop of Trade, among Retailers, for some time; for no one will receive what he is sure to lose by; and this, tho' it be short, will yet be hard and grievous to mean People, and such as live by the Day, who will not know how to find themselves and Families with Necessaries for some space of time, till Money get into its old Current.
This Mischief may appear short and inconsiderable; but be it so, what is the Good that counter-balances it? What need is there of any Mischief? Why should these Villains hazard the [Page 17] Distress and Misery of poor and labouring People, tho' it were but for a Week? The Common People then, will see and feel the Injury and Mischief that is done by Clipping, which now they cannot understand, or will not well consider. They will find that the little Money they then have, will not go for more than its just weight; and be convinc'd by Hunger and Thirst, that Clippers are as truly Thieves and Robbers, as those they find upon the High-ways, or breaking up their Houses, and do as well deserve their Chains and Halters.
And who can tell, whether every single Person must not bear his own Burthen, and stand to the loss of all that is wanting of due Weight, of all the Money he is Master of? And if he must, the Cry will be like that of Egypt, loud and universal, for every Family will be a loser: But it will fall severest on the Poor, who from a little can spare none.
One of our Historians [W. Hemingford, Anno 1180.] tells us, That in H. the Second's time, the Money of the Kingdom was so corrupt, that it was fain to be chang'd and call'd in: It was indeed necessary, but it fell exceeding hard upon the Poor and Country-People. So it was also in the time of Hen. III. upon calling in the old [Page 18] and clip'd Money [M. Paris, Anno 1248.] by Proclamation, the People were more distress'd, than if Corn had been at Half a Crown a Bushel, (which was then, I believe, equal to Twelve or Fourfteen Shillings now) for the new Money was not yet come to their great Towns; and when it was, they receiv'd no more new, than their old came to by weight; paying also, over and above, Thirteen Pence in the Pound for Coinage; so that besides the loss of Time, and the great Charge they were at, to come to the several Places of Exchange, they were sent away with hardly Twenty Shillings, for every Thirty, that they brought along with them. Arctabatur Populus, non mediocriter damnificatus. The People were straitned, and receiv'd no small dammage; they lost, you see, one Third. The Poor still suffered most, and so it will always be; for a small Weight is heavy to the Weak and Faint; and a little Loss grievous to such as have but little.
Neither, Lastly, Is the Evil far remov'd, altho' the Publick bear the Loss, for every Man is Part and Parcel of the Publick.
And if the Mint receive the little Money in, and deliver out good and full, yet must it needs be, that these Particulars must fill the Exchequer, in return for what they have receiv'd of new Money. [Page 19] That is, a general Tax must answer for the Robberies of these Villains; the Good and Innocent, the Careful and Industrious People, must contribute to the making up the loss the Publick sustains by the Injustice and Theft of Clippers. And how soon this will be, no one can tell, but by the haste that is made to make it necessary, it cannot well be far off.
I have spoken exceeding modestly and moderately, when I supposed we were only cheated of one Third; I did it to make the Case plain, for every one sees, that near to half is taken away, which opens the Passage to a Suspicion, that Covetousness as well as Luxury, is at the bottom, in the Crime of Clipping; and that some People will grow Rich thereby, as well as others feed their Vices and Necessities; for it does not seem very probable, that so much Money should be spent by those poor and mean Wretches, who are commonly discovered to live by this unjust and wicked Practice: The Summ is much too big for them; and one cannot well account, how almost all the old Silver that circles round the Nation, should come into these Clippers Hands in the compass of a few Years.
But with this I have little to do. It is enough to answer my Design and Purpose, if I have [Page 20] shewn you with any clearness, the Mischiefs of corrupting and debasing Money, the Coining bad Metal, and the clipping and stealing from good; for then the way is open to the justification of the Laws, that are made to punish such Offenders; which was the Third and last Particular.
III.
Nothing can justifie the severity of Legal Punishments, but their Necessity; and nothing evidences this Necessity, like the sight and knowledge of those Evils and Mischiefs the Laws design to prevent as well as punish: And therefore, the laying open the Injuries and Mischiefs of Clipping and Coining is the readiest way to clear the Reason and Justice of such Laws, as doom to Death such Malefactors.
This I have been already trying to do, and tho', there is no doubt, but the Men of Skill and Experience in Trade, and Money-matters can see more Mischiefs than I mention, rising from these Practices, yet certainly these mentioned are sufficient to acquit our Laws from being Cruel or Unjust; for what can Laws do less, than secure the Honour of the Nation (which is much concern'd in the Goodness and Weight of its currant Coin) with respect to Foreigners, and just and righteous Dealing with one another at home? And if nothing [Page 21] less than Death will serve to these good Ends, then putting Men to Death for Clipping and Coining is neither Cruel nor Unjust. And tho' more Pity usually attends these Criminals than others, yet the Laws have not therefore less of Reason and Equity, that condemn them; nor is their Fault less heinous in it self, or mischievous to others. But our Pity arises from hence, That we see Men going to suffer Death for a Crime, by which we know of none that are undone, or greatly injur'd; the Evil is unfix'd and undetermin'd, and we cannot put our selves into their Condition who are hurt by these Offenders, as we can and do in other Cases, which excites our Indignation. Thus when a Thief breaks in upon a House and steals, we are immediately sensible both of the Fright and Injury, which a particular Person feels, and the Concern we have for him and his Family, that may be undone by the Robbery, counter-balances our Pity for the Criminal. Self is more nearly touched, for this may be the Case of every honest Man, and therefore fear for our Selves and Families, as in danger of being ruin'd by the like Villany, out-weighs our Pity to a Felon. But in the Case of false Coinage or Clipping, we think immediately only of a Dammage to the [Page 22] Treasury, which we esteem above our Pity: Or we conceive a Dammage publick and general, which excites no pitiful Resentments in us, because we have our Eye on no particular Man as ruin'd or undone thereby.
But the remembrance of what hath been above-said, of the Mischiefs that are truly done, both to the Publick, and to almost all Particulars, will change this ill-plac'd and mistaken Pity, and transferr it to those, that suffer Want and Misery by these ill Practices, altho' we do not know them in particular; for 'tis impossible that so much Mischief should be done, but some or other must suffer by it.
But to shew you that our Laws are neither cruel nor unjust in this Affair, it is sufficient to say, that they agree with the Laws of almost all Nations, which seldom do conspire in bloody and inhumane Executions.
The Romans considered this Crime of Clipping and Coining, generally speaking, as High-Treason: See at the end. A They made exact enquiries after these Offenders: They tortured Men to confess their Accomplices: They allowed Rewards and Privileges to such as would Impeach; if they were Slaves, they were set at Liberty, and the Exchequer paid their Ransom to their Masters: If [Page 23] one of these Offenders escap'd out of Custody, his Keeper, if privy to it, certainly died for him: If the Master or Owner of the House or Place where such Offence was committed, were conscious to the thing, altho' not actually employ'd himself, he forfeited his House, Goods, and Estate, and was himself Transported; and if he knew nothing of the matter, yet he Forfeited his House, unless he made himself the first discovery to the Magistrate (to oblige them, I suppose, to greater caution whom they trusted in their Houses.) All Servants, Helpers, and Assistants, were also Condemn'd to dye, as well as the principal Agent: And the Death they often underwent, was being burnt. And yet the Romans See B were as sparing of Blood, and as merciful in their Executions as any Nation whatever.
The Laws of the Wisigoths punished these kind Rerum Hispanic. Tom. III. pag. 957.of Offenders, if they were Slaves, with the loss of their Right-hand; if they were Freemen, with the loss of half their Estates, and being made Slaves to whom the King pleas'd.
The Laws of our own Country in King Athelstan's C time, punished them (as above) with the cutting off their Right-hands, and fixing them over the place where they committed the Offence. In King Ethelred's days they were to undergo the [Page 24] Treble Ordeal (i. e. to carry a Red-hot Iron of three pound weight in their hands such a determined space of Ground) and if they miscarried there, they were to dye. D In Henry I. time they were Condemned to lose, some their Hands, and some their Eyes: And some (in allusion to the Word) who were found to adulterate the Kings Coin, were so punish'd as if the Laws intended to prevent Adultery it self: As appears in our Histories of those Times.E These Punishments were after chang'd into the Modern Executions, and have so continued ever since, altho' 'tis probable that Punishments of greater Pain and constant Shame, such as they heretofore were, would secure us better, than putting Men to a short and easie Death.
Thus much I think may suffice to vindicate our Laws from the reproach of being Cruel or Unjust; and (if Men will but well consider) to wean them from that soft pernicious tenderness, that sometimes, certainly, restrains the hand of Justice, slackens the care and vigilance of Mastrates, keeps back the Under Officers, corrupts the Juries (for Passions and Affections bribe as well as Gifts) and with-holds the Evidence, both from appearing and from speaking out, when they appear. These are the ill effects of a weak [Page 25] and undue compassion, shewn especially to these kind of Offenders, which help ('tis more than likely) to encrease their number, and the Misery of honest People, and therefore should be better thought upon by such as are so concern'd.
And now, if I have shewn you (as I thought to do) That this Offence is fruitful of Mischiefs; that it dishonours the Kingdom, and does apparently damnifie every particular Man, and will do more and more so, and fall at last with a most deadly weight somewhere or other, and, to be sure, with greater violence on the Poor and Mean, who are least able to endure it; if this be manifest, our Laws and Executions are not only clear'd from all their Imputations, but I have also found out, for these Wretches, a sufficient Ground and Bottom for Repentance, which they, it seems, are generally ignorant of: They can see they have offended against the Laws and Statutes of the Kingdom, and can acknowledge that their other Sins and Offences have betray'd them to these Practices, but they cannot see the justice of those Laws, nor the wickedness of these Practices: They can be sorry for their great Misfortune, but they know not how to repent of Clipping and Coining, as Sins against God or their Neighbour; and therefore [Page 26] however guilty they may be in other respects, yet the sense of these Offences affects them little or nothing. All this pretended Innocence depends (as I have shewn) on this mistake, that No one is Injur'd hereby; and they presume that no one is Injur'd, because they design the Injury of no particular one, nor know of any that is Injur'd by it: The Evil that is done is unfix'd and undetermin'd to Time, or Place, or Person, and therefore they conclude that none is truly done. If these were not their private conceits, why should not they conclude themselves as guilty of Theft and Fraud, and of Injustice, as much as any other Robbers, and consequently repent as throughly and sincerely of them? But it will not follow, that because a Man either forgets or knows not whom he has Injur'd, that he has therefore Injur'd none, nor needs to repent or make amends. For if a Man should, in the course of his Calling, set aside the fear of God, and all regard to Honesty and Justice, and make his advantage of People's Ignorance and Simplicity, their Easiness or want of Understanding, and Cheat them all he could, without intending to Cheat any one particular more than another, it will not follow that he has Cheated none, because he intended to Cheat no [Page 27] particular; nor will it follow that he has Cheated no more than he remembers to have Cheated; nor will it follow that he is obliged to repent of no more Injustice than he can call to mind done to Particulars; nor will it follow that he is not obliged to Restitution and Amendment, because he has Cheated more than he remembers. The Man knows very well that he design'd his own advantage all the while, and had no consideration of the Means; and knows that a great deal of wrong must needs be done, and that He did it; and knows that a great deal of Wrong calls for a great deal of Sorrow, and a great deal of Satisfaction. And this is certainly the Coiners and the Clippers Case, which requires as full and true Repentance as any other Robbery whatsoever, in as much as it is equal to any Theft of the same Value, with respect to private People, and with respect to the Publick much above it.
And what is said of these as Principals, is also true in its proportion of all that are Accessaries; all that are any ways concern'd in this Affair, such as knowingly provide or make their proper Instruments; such as go up and down, whether in City or Country, to procure broad Money; such as sell these People broad Money for great Gain, which cannot possibly be done without a [Page 28] strong suspicion of the Purchaser; and such as are employed to vend and put off these pieces so corrupted and debas'd; and lastly, such as easily receive and purchase the Clippings and Filings of Silver, at the Hands of justly-to-be-suspected Sellers. I know not how they can (any of them) acquit themselves (not to the Laws and Statutes of the Kingdom only, but) to God above, and to their own Consciences, who are in any sort Partakers with these Robbers of the Publick.
And upon this Account, a Discourse of this Nature may be (I hope) in this Place, as justifiable, as any one else upon the Eighth Commandment: And I will believe I speak to Magistrates, not only careful of the Dignity and Honour of our Laws, but of the Welfare and Security of innocent and honest People, and who will therefore take what Care they can, to bring to Light, and Punishment, these Offenders. And if there appears but little of Christianity in such Sermons, it will be to such as consider not, how great a Part, Justice and Honesty, and fair and righteous Dealing make up of this Divine Religion; and how great Care the Doctrines of the Gospel take, not only of Mens Souls in the World to come, but of the Good and Welfare of their [Page 29] Bodies here. An honest Man and a good Christian will never be two distinct things in a Christian Kingdom; for the chief Design of our Religion is to make us good and honest Men in this World, and to propose Rewards to such as will be so, in the World to come. And therefore, if I have convinced any one, of the Fraud and Villany, the Injustice and the Theft, of Coining and Clipping, and thereby shall deterr them from entring on, or persisting in, those evil Practices, or shall reclaim them from them, and occasion their Repentance and Amendment, I shall make no doubt of having served the Interest and Design of Christianity, in a great many Particulars. And in this Hope I will end this Sermon, leaving it to the Blessing of God Almighty, the Father, Son, and Holy Ghost; to whom be all Honour, and Glory, now and for ever.
A
L. II. 9. Th. Cod. Tit. 21. Constantinus ad Januarium.
QƲoniam nonnulli Monetarii adulterina moneta, clandestinis sceleribus exercent, cuncti cognoscant, necessitatem sibi incumbere hujusmodi homines, inquirendi, ut investigati tradantur Judiciis, facti conscios per tormenta illico prodituri, ac sic dignis suppliciis addicendi. 2. Accusatoribus etiam eorum immunitatem permittimus; cujus modus, quoniam dispar census est, a Nobis per singulos statuetur. Servos etiam qui hoc detulerint Civitate Romanâ donamus, ut eorum domini precium à Fisco percipiant. 3. Si quis autem Militum hujusmodi Personam susceptam, de custodia exire fecerit, Capite puniatur. 4. Appellandi etiam privato licentia denegetur, si vero Miles aut Promotus hujusmodi crimen incurrit, super ejus nomine & gradu ad nos referatur. 5. Si dominum fundi vel domus conscium esse probabitur, deportari eum in insulam oportebit, cunct is ejus rebus protinus confiscandis: Si vero eo ignaro crimen commissum est, possessionem aut domum debet amittere in qua id scelus admissum est. Actor fundi, vel servus, vel Incola, vel Colonus qui hoc ministerium praebuit cum eo qui fecit, supplicio capitali plectetur, nihilominus fundo, vel domo fisci viribus vindicanda. 6. Quod si Dominus ante ignorans, ut primum repperit, scelus prodidit perpetratum, minime possessio vel Domus ipsius proscriptionis injuriae subjacebit: Sed auctorem ac ministrum poena Capitalis excipiet. Dat. 12. Kal. Decemb. Rom. Crispo. 2. & Constantino. 2. CC. Coss. [321.]
B
L. I. Cod. Th. Tit. 22. Imp. Constantinus, Leontio, P. P.
Omnes Solidi in quibus nostri vultus ac veneratio una est, uno pretio aestimandi sunt atque vendendi, quanquam diversa formae mensura sit: Nec enim qui majore habitu faciei extenditur, majoris est pretii; aut qui angustiore expressione concluditur minoris haberi credendus est, cum pondus idem existat. Quod si quis aliter fecerit, aut capite puniri debet, aut flammis tradi, aut alia poena mortifera. Quod ille etiam patietur, qui mensuram Circuli exterioris adraserit, ut ponderis minuat quantitatem: Vel figuratum solidum adultera imitatione in vendendo subjecerit. Dat. 7. Kal. Aug. Gallicano & Basso Coss. [317.]
C
Si monetarius reus fuerit, amputetur ei manus, & ponatur super monetae Fabricam. Si inculpatio sit, & se purgare velit, eat ad Ferrum calidum, & adlegiet manum ad Canfaram (candens ferrum) quod non falsum fecit. Si in Ordalio reus fuerit, fiat ei quod supradictum est. Leg. Athelstani R. Jo. Brompton. p. 843.
Et omnis Monetarius qui accusabitur quod falsum fecit, postquam interdictum fuit, adeat Triplex Ordalium, & si culpabilis sit, occidatur. Leg. Ethelredi R. 11. 26. 27. 27. 28. 29. 30. p. 898.
De correctione Pecuniae, ut una moneta per totas has Nationes sine omni falso teneatur, & nemo repudiet eam. Et qui posthanc falsabit manum perdat unde fecerit; & nec argento, aut auro, vel ullo mode redimatur. Si Praepositus accusetur quod ejus licentia quis falsum fecerit, purget se triplici lada, quod si purgationem fregerit, inde judicium habeat quod qui falsum composuit. Leg. Canuti R. 30. p. 923.
Quicunque falsam Monetam, se sciente fecerit, aut studiose expenderit, tanquam Maledictus, & Pauperum Oppressor, & Turbator Civitatis à Fidelium Consortio separetur. Concil. Roman. A. D. 1123.
Monetam quoque corruptam & falsam sub tanta animadversione corrigi statuit, ut nullus qui posset deprehendi falsos denarios facere, aliqua redemptione, quin Oculos, & inferiores Corporis partes perderet, juvari valeret. Simeon Dunelm. A. 1108.
Joh. Brompton (p. 1000.) places it in Anno 1103. and says they were to lose both their Eyes; so does H. de Knyghton. 2377.
D
Chron. Saxon. An. 8125.
Hoc anno, misit Rex (Hen. I.) ante Christi Festum, de Normannia in Anglorum Terram, & jussit omnes Monetarios qui erant in Anglia privari membris; scilicet quemque dextra manu, & testiculis; quod factum est quoniam qui habuit Libram non potuit ullam rem mercari uno istius denario, in quovis foro. Tunc Rogerus Episcopus Sarisburiensis misit per totam Angliam & jussit eos omnes interesse Wintoniae ad Christi Festum. Cum eo pervenissent, sevocati fuerunt sigillatim, & praecisa erat cuique dextra manus ac testiculi. Totum hoc factum est intra duodecim festi Natalium dies, & quidem jure Optimo, quippe damnum maximum intulissent toti genti tantam vim metalli vitiosi coemendo.
E
Matth. Paris. A. 1248. H. 3.
Ipfis quoque diebus Moneta Angliae, per detestabiles Tonsores & Falsarios adeò intolerabiliter est corrupta, quod non Indigence vel etiam Alienigenae eam Oculo recto, vel illaeso corde poterant intueri. Circumcidebatur enim fere usque ad interiorem circulum, limbo litterato totaliter vel deleto, vel enormiter deturpato. Praeceptum est igitur voce Praeconid, in Civitatibus, Burgis, Nundinis & Foris, ex parte. D. Regis [H. 3.] nequis denarius nisi legitimi ponderis, & circularis forme acciperetur, nec quoque modo a vendente vel emente vel commutante acceptaretur, punirenturque hujusmodi praecepti transgressores▪ adhibita est etiam diligentia, ut memorati falsarii invenirentur, ut de tanto scelere convicti, condignâ poena judicialiter punirentur. Facta igitur diligentissima inquisitione, inventi sunt in hoc facinore culpabiles Judaei, Caursini infames, & quidam Mercatores lanarum Flandrenses. Jussit etiam D. Rex Francorum omnes tales in Regno suo compertos patibulis laqueatos vento praesentari.
There is something remarkable in this Passage, namely, that it was made Penal for any one to take or receive any Clip'd Money; which, if we had observ'd some Years ago, we had not been in the deplorable condition we are now in, in that respect.
F
Hen. Knyghton. p. 2463. A. 1282. Ed. I.
Rex tenuit Parliamentum suum Londoniis, & fecit mutare monetam Regni, quae illo tempore fuit viliter retonsa, & abbreviata, unde Populus Regni graviter conquerebatur & Rex veritatem inde inquirens, & veritatem comperiens, trecentos & plures, de illo delicto & felonia publicè convicit, quorum quidam fuerunt suspensi, quidam distracti & suspensi, secundum delicti qualitatem & quantitatem.