A sermon against clipping, preach'd before the Right Honourable the Lord Mayor and court of aldermen, at Guild-Hall Chappel, on Decemb. 16. 1694 by W. Fleetwood. Fleetwood, William, 1656-1723. 1694 Approx. 46 KB of XML-encoded text transcribed from 19 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A39736 Wing F1248 ESTC R5389 11794134 ocm 11794134 49281 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A39736) Transcribed from: (Early English Books Online ; image set 49281) Images scanned from microfilm: (Early English books, 1641-1700 ; 492:24) A sermon against clipping, preach'd before the Right Honourable the Lord Mayor and court of aldermen, at Guild-Hall Chappel, on Decemb. 16. 1694 by W. Fleetwood. Fleetwood, William, 1656-1723. [2], 29, [3] p. Printed by T. Hodgkin, and are to be sold by J. Whitlock, London : 1694. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Coinage -- Sermons. Sermons, English -- 17th century. Adulterated coins -- Sermons. 2006-12 TCP Assigned for keying and markup 2006-12 Apex CoVantage Keyed and coded from ProQuest page images 2007-01 Robyn Anspach Sampled and proofread 2007-01 Robyn Anspach Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion Mr. FLEETWOOD's SERMON AGAINST CLIPPING . Lane , Mayor . Cur ' specialis tent ' die Dominico xvi die December is 1694. Annoque Regis & Reginae Willielmi & Mariae Angl ' , &c. Sexto . 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 . Goodfellow . Imprimatur . Carolus Alston R. P. D. Hen. Episc . Lond. à Sacris . Decemb. 18. 1694. A SERMON AGAINST CLIPPING , Preach'd before the Right Honourable the Lord Mayor AND Court of ALDERMEN , AT GVILD-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. GENESIS xxiii . 16. And Abraham weighed to Ephron the Silver which he had named , in the audience of the Sons of Heth , four hundred Shekels of Silver , currant Money with the Merchant . 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 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 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 over-common ; 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 . 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 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 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 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 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 ; 't is 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 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 't is 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 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 't is 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 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 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 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 , 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 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 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 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 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 . 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 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 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 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 't is 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 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 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 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 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 . 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 . These Punishments were after chang'd into the Modern Executions , and have so continued ever since , altho' 't is 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 and undue compassion , shewn especially to these kind of Offenders , which help ( 't is 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 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 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 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 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 . FINIS . A L. II. 9. Th. Cod. Tit. 21. Constantinus ad Januarium . QVoniam 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 . Notes, typically marginal, from the original text Notes for div A39736-e350 Rerum Hispanic . Tom. III. pag. 957.