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A Memorial concerning the Trial of the Monies in e
by a Iury before ee
Officers of the Mint.
There are in the business of the Mint three trialls of Gold &
silver directed by e
in presence of the Warden Master & Comptroller by sworn Artificers
& being made in their presence they are all conclusive & binding a
gainst the Master otherwise not
The first of these trialls is of Bullion upon any disagreement be
tween the Master & Importer about the price. In such cases the Kings
Assaymaster tries the Bullion in the presence of the Warden Master &
Comptroller & e
assay altho his own Assaymaster should tell him it is to his loss.
The other two trialls are of two pieces taken out of every Iour
ney of new coyned monies, the one triall of one
ance of the monies, the other triall of the other piece reserved in a Pix
till the time of the triall.
These two trialls are in all respects alike excepting that the one
is made in the Mint by e
at their admission to their Office the other out of the Mint by a
number of Assaymasters Weighers & Tellers chosen out of the com
pany of Goldsmiths & sworn before the Lords of the Councill upon
every new occasion. For ch
Mint to the place where the Council sits. Both these trialls (as well
that th
Warden Master & Comptroller & if the monies prove uncovenable
the Master is punished in them both, in the first by recoining
them at his own charge in the latter by making satisfaction to e
King. So that the Officers of the Mint have the same station in both
trialls tho the last Triall be
The last Triall is
his usual Courts of Iustice but by vertue of & according
contract between the King & the Master set down in the chmade between them usually called the Indenture of the Mint & therefore
like all the rest of that Indenture is to be looked upon as a part of the
business of the Mint. In this contract the Master consents on his part t
the Pix shall be opened & assays be made before his ty
his Council as his tyty
that the Assays shall be made in presence of the
parties agree that the Assays shall be made in presence of the War
den & Comptroller, the King entrusting them against the Master
as with the custody
What Artificers and how many shall make the Assays is
not said in the Indenture but the custome has been
solemnity and credit of the Triallto set not to make use of the
Artificers of the Mint but of others chosen out of the Goldsmiths
Company to e
This is a Iury of enquiry not of judgment& t
not to hear witnesses & debate & judge but only to survey the
workmanship of the coyn & try or examin it by experiment accord
ing to Art in the presence of both parties & report the bare matter
of fact for making up ae
unto that d
& fineness then standard and yet within the remedy the lack
the lack thereof is entred of record by the Warden & Comptroller
& thereupon the Master becomes proportionally debter to the King
if better then standard the King remitts of the debt to the Master
if of just weight & allay the recconing is eaven and at the foot
of this recconing the Master becomes proportionally debtor to the
has his Acquittance & Quietus under the broad seal whereby he is
quit excused & discharged to that day against his ty
from further examination of e
but if the money prove without the remedy he makes fine & ran
some e
In this Triall therefore the King & e
concerned who have referred themselves to this way of
by consent & contract, so that the Master cannot be said to be
under prosecution. There is no accusation charge or action against
him, no reflexion upon him before the triall be made.
Much less do e
Court of Iustice. Neither are they present as idle & insignificant
spectators, but as the Kings Officers necessarily upon duty in their
several stations in this Court under the Kings or Lords of the
Council then present, it being their buisiness in behalf of ty
to see that the triall be rightly made & to enter it of record
& make a true accompt thereof to e
be fully answered to his ty
As for the Gentlemen of the Iury whatever be their
Character in other respects they are in this Triall the Kings sworn
Assaymasters Weighers & Tellers acting in the room of the Kings
ordinary sworn Assaymaster
above mentioned Indenture. Whereby it is plain that the Iury are
not to exclude the said Officers of the Mint from any part of the
Triall nor to propose to them at any time to withdraw, but that
they continue together untill the Veredict be given in, the Officers
of the Mint being considered under the same character as if the
whole business were transacted in their Office in the Mint.
For the business of this Iury being not a judgment made by
hearing Witnesses & debating thereupon but a bare report of precise
matter of fact: tis not in the power of the Officers of the Mint
to influence the Iury by their presence, unless in giving them notice
as they ought, where the trialls are not duly made. If the Iury
be at liberty to repeat the Assays of weight & fineness till they
themselves are satisfied, they can have no reason to complain,
if they are bound to do it till the Officers of the Mint are also
satisfied this makes the Trial of greater force to conclude both parties
& satisfy the whole Nation then if it depended upon the oaths &
skill of Iu the Iury al
private Triall would not bind the Master because not made accord
ing to his contract with the King. Nor perhaps would it be advisa
ble for the King to let e
into the hands of the Company of Goldsmiths & by being at their
mercy be secretly swayd & governed by their interest. And there
fore a publick solemn triall is appointed by the Indenture ch
the sole grownd of this triall & rule by ch
proceed in making it.
A Memorial concerning the Trial of the Monies in the Pix
by a Iury before the King or Lords of the Council
and Officers of the Mint.
There are in the business of the Mint three trialls of Gold and
silver all directed by the Indenture of the Mint to be made r
Warden Master & Worker & Comptroller by sworn Artificers, & being made (& by consequence to their satisfaction).
not.& Worker & Importer about the price. In such cases the Kings Assaymaster
tries the Bullion upon
is
master should tell him it is to his loss.
of two pieces taken out of every Iourney of new coyned monies,
the one triall of one piece before deliverance of the monies the
other triall of the other piece reserved in a Pix till the time of
the triall. And t
that the one is made
at their admission to their Office the other
masters Weighers & Tellers chosen out of the Company of Goldsmiths
& sworn before the Lords of the Councill upon every new occasion
For ch
the Council sits. If the monies
the Master & Worker is
the Master & Worker isanswerable & suffers either
re well that th
Warden Master & Comptroller, & if the monies prove uncovenable triall
them at his own charge or teeee
more solemn.
Thelatter of there two last Trialls is made not at the suit of e
King in any of his usual Courts of Iustice not by any process at law agt er
according to a contract between the King & the Master & Worker set down
in the Indenture of the Mint et
Indenture is to be looked upon as a part of the business of the
Mint. In this contract the Master consents on his part that the
Pix shall be opened & assays shall be made before his ty
such of his Councill as his tyty
on his part that the Assays shall be made in presence of the Warden Master & Comptrollerelike the King entrusting them
the other trialls in the Minteetheof themTis agreed for the common sa What
tisfaction of both parties that the Assays be made before them
both.Artificers shall make the
said in the Indenture but the custome has been (for e
satisfaction & greatest solemnity security of the Nbnot to make Iust ofsuppose for thee& sweare a Iury of eew th
not of judgment& t
but only & their hands & eyes to examin the monies e& also of e
said Officers
of fact for making up an accompt between theKing & the Master & worker two said partiestoo feeblethto be entred of record byenter it uponenter if of recordtoo strong
King remitts of the debt to the Master, if of just weight & allay the
recconing is eaven & at the foot of this recconing the Master has his
Acquittance & Quietus under the broad seal whereby he is quit excused
& discharged to that day against thety
amination of the matter or molestation about it: but if the money
prove without the remedy he makes fine & ransome at the Kings will.
+the Warden Master & Worker and Comptroller
are not to be looked upon as persons standing at the barr of a court of
Iustice: for there is no charge against thethe
the triall be made. Itis to be
a contract. By that contract its
Officers
as before the
compulsion not as idle & insignificant spectators but as the Kings Officers upon duty in their severall Actionsneither of chsaid to supposed to stand at e
be under prosecutmust less the There is no Wardene
court of justice. Forcharge process or charge or actiontheno process at Law,
no reflexion upon either teeor the Master before the triall be made.
Much less can the Warden & Comtroller be supposed to stand at e
of a court of Iustice. The they being entrusted thThe spectators &
in si
stations – – – – to eety† before the King or Lords of the
Councill, it being their business
& in particular the Warden's & Comptroller's 6 to enter it of Record
& make a true accompt thereof to the King eAnd
of the Iury
in this Triall the Kings sworn Assay masters Weighers & Tellers acting
in the room of the Kings
the Mint & accordingly sworn like the others
the thereoft
said Officers of the Mint from order
time to withdraw, but towith them Veredict
by given & to suffer if not
the custome)
whole business were transacted in their Office in the Mint.
For the
Triall depending not upon the judgment of the Iury but upon ts
of weighing telling & assaying chth
hands & eyes without needing any witnesses debates or judgment to turn
the ballance, & their Veredict being only a report of matter of
fact in a received standing form of words,euryto
tis not in the power
the Officers of the Mint to influence the Iury by their presence,
unless by giving them notice
If the Iury be at liberty to repeat the Assays of weight & fineness
Councill & Officers of the Mint are also satisfied, this makes the Triall
of greater force to
then if it depended upon the oaths & skill of the Iury alone
a private triall would not find the Master & Worker because not
made according to his contract with the
be advisable for the King to let the Mint by such private trialls
come into the hands of the company of Goldsmiths, & by being at
their mercy be secretly swayd & governed by their interest.
And therefore a publick solemn triall is appointed the true meaning of ch
execute.chechsworn to make itinspecting
in making it.
This triall therefore is not a process of law
the moies & the Master: so
that elooked upon supposed under prosecution. There
is no charge or accusation against him no reflexion upon him before
the triall be made. Much less can e
supposed to stand at e
they present as idle spectators
Directions about the Tryall of e
The reason of trying ethetyds.e
Councill & Officers of the Mint.
There are in the eeby sworn Artists
conclusive & binding against the Master, otherwise not. The first is of bimported. If e,e
& eby any unobser accident it should be to his loss.s him it is to the lossThe second triallmonies by
Assaymr & Weigher & Tellers before er & Comptroller &
The other two trialls are of s ofeeafterwards ethe penalties upon iteswornby the 24 Goldsmiths eeeto make it more authentic & satisfacto
ry.eethee
& ransome at the Kings willecase then in the
former. For in eemoneye
latter he is liable to so fine & ransome Andethee
former the penalty is greater upon er in the latter case then in e
For upon er is greater in ee
only the charge of recoynage in the latter it is fine & ransome
And ter is greater in ee
othercopy of nu
Goldsmiths in the former caseee
to try ein the
upon these trials be found thech
is removed from the mint to the place where the Councill sitsdid faultye
these two trialls suffers suffers bye
in esuffers thethe. th
The triall of ee
Master & Comptroller of e
Iustice he proceeds thagainst themts
Mint in ethey being appointed whose business it isteskilfully & re
gularly made
& to enter it of record & make a true accompt thereof to his ty
& Tellers acting in the place of the Assaymaster & Weigher &
Teller of the Mint. For ch
said Iury to be thnot to seperate themselves fromeeas one body eeto the be agreed upon & delivered to ehighof England. to the
or Lds Commrs of the broad seal.eeth
ture of the Mint as a part of the business of the Mint & according
ly directed in the same Indenture to be made bef
& Comptroller like the other trialls Bullion & new monies & bullionthe greater& itthe morebinding dthe also the more
of variosu interesits, eethnyebeing made proceedingbybefore the
Iurytebytell weighchOfficers of the Mint cannot biass Iury make th& chths be
power of eeunless by where edirected to be
made before them e
by giving them satisfaction they may be of the greater forcewhere
make against them.
but if they sha the monies be found good & covenable after e
in eethety
& people, that is not quit of any crime or debt laid to his charge justifi
ed in
on of e
This triall proceeds therefore thMaster
of the Mint untill it be ended untill e
This triall is made not at ee
usuall court of Iustice but by vertue of a contract between the
King & erree
like all et
of e
that ittytytysame Assays
be made in presence of the Warden Master & Comptroller. e
common satisfaction of both parties tis agreed that the Assay be
made before them both. What or how is not said in the Indenture but the custome has been
many
aside eeappoint who from their
in the manner of a Iury.
not of judgment & their business is only maketh
the King & ereIf the r
If the monies pe
ingly, if too strong the Kings remitts of ee
weight & allay the to that dayequit has & excused & discharged
against his Majty & people
from all further examination of e
his quietus under ebut if the money prove the
remedy the Master makes fine & ransome at e
& the from his Ma against his ty
& people eee
makes fine and ransome at ee
The In this trial therefore the
not to be looked upon as persons standing at
Iustice, for there is no charge against them no reflexion upon them
before the triall be made. Neither are they to be accompted
insignificant spectators bit of the Mint in the exe
cution of their Officer before the King or those of his whose business
it is in behalf ofhis Privyours in their several stationsbefore & e
King or those of his council appointed to be presentty
are sworn
& Weigher & Teller of the Mint & being accordingly according toeit ha etill of latee
to exclude the Officers of ecommandbut them after e
trial wereee
were transacted in the Mint &
be given i
but upon the oath experiments of weighting telling & assaying ch
make with their own hands & eyes & th
or judgment to turn the ballance, tis not in the power of the Officers
of et influence the Iury ebut where the trialls
are duly made. If the Iury are at liberty to repeat etrialls
are satisfied & e
cers of egreater
to bind all parties sufficient to satisfy the whole nationee
alone. For
tyto be regulated byeeof e
Goldsmiths aloneewoulde
where the Officers of the Mint are triall is not made before the
Officers of e& to their satisfaction
contract between him & his tyeof e
But upon complaint ewith
the Veredict eemaytoee
the true meaning of echdoes
contracts with the & if it did it could bind him
the Mint
interestsbe overused by