ined, rather exceeding the conditions of the patent, than being any
way defective, the Lords of the Committee cannot advise your Majesty, by
a writ of _scire facias_, or any other manner to endeavour vacating the
said patent, when there is no probability of success in such an
undertaking.
As these trials and assays fully shew that the patentee hath acted
fairly according to the terms and conditions of his patent, so they
evidently prove, that the care and caution made use of in this patent,
by proper conditions, checks, and comptrols have effectually provided,
that the copper money coined for Ireland by virtue of this patent,
should far exceed the like coinages for Ireland, in the reigns of your
Majesty's royal predecessors.
And that your Majesty's royal predecessors have exercised this undoubted
prerogative of granting to private persons the power and privilege of
coining copper halfpence and farthings for the kingdom of Ireland, was
proved to this Committee by several precedents of such patents granted
to private persons by King Charles II. and King James II. none of which
were equally beneficial to your kingdom of Ireland, nor so well guarded
with proper covenants and conditions for the due execution of the powers
thereby granted, although the power and validity of those patents, and a
due compliance with them, was never in any one instance, till this time,
disputed or controverted.
By these former patents, the sole power of coining copper money for
Ireland, was granted to the patentees for the term of 21 years, to be
coined in such place as they should think convenient, and "such
quantities as they could conveniently issue within the term of 21
years," without any restriction of the quantity to be coined within the
whole term, or any provision of a certain quantity, only to be coined
annually to prevent the ill consequences of too great a quantity to be
poured in at once, at the will and pleasure of the patentees; no
provision was made for the goodness and fineness of the copper, no
comptroller appointed to inspect the copper in bars and fillets, before
coined, and take constant assays of the money when coined, and the power
of issuing not limited "to such as would voluntarily accept the same";
but by the patent granted to John Knox, the money coined by virtue of
the patent, "is made and declared to be the current coin of the kingdom
of Ireland," and a pound weight of copper was allowed to be coined into
2 shi
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