time this ordinance of king Richard was frequently difpenfed with for money?; which occafioned a provision to be made for inforcing it, in the great charters of king John, and his fon. These original ftandards were called pondus regis, and menfura domini regis'; and are directed by a variety of subsequent statutes to be kept in the exchequer, and all weights and measures to be made conformiable thereto. But as fir Edward Coke obferves", though this hath so often by authority of parliament been enact ed, yet it could never be effected; fo forcible is custom with the multitude.

THIRDLY, as money is the medium of commerce, it is the king's prerogative, as the arbiter of domestic commerce, to give it authority or make it current. Money is an universal medium, or common ftandard, by comparison with which the value of all merchandize may be afcertained: or it is a fign, which reprefents the refpective values of all commodities. Metals are well calculated for this fign, because they are durable and are capable of many fubdivifions: and a precious metal is ftill better calculated for this purpose, because it is the most portable. A metal is alfo the most proper for a common measure, because it can eafily be reduced to the fame standard in all nations; and every particular nation fixes on it it's own impression, that the weight and standard (wherein confifts the intrinsic value) may both be known by inspection only.

As the quantity of precious metals increases, that is, the more of them there is extracted from the mine, this univerfal medium or common fign will fink in value, and grow lefs precious. Above a thoufand millions of bullion are calculated to have been imported into Europe from America within lefs than three centuries;

p Hoved. A. D. 1201.

q 9 Hen. III. c. 25.

14

Edw. III. ft. 1. c. 12. 25 Edw. III. ft. s. c. 10. 16 Ric. II. c. 3. 8 Hen. VI.

Pinc. 35 Fidw. I. apud Cowel's Interpr. c. 5. 11 Hen. VI. c. 8. 11 Hen. VII. c. 4.

sit. pondus regis.

s Flet. 2. 12.

22 Car. II. c. 8.
u i Inft. 41.

ries; and the quantity is daily increafing. The consequence is, that more money must be given now for the fame commodity than was given an hundred years ago. And if any accident was to diminish the quantity of gold and filver, their value would proportionably rife. A horfe, that was formerly worth ten pounds, is now perhaps worth twenty; and, by any failure of current specie, the price may be reduced to what it was. Yet is the horse in reality neither dear nor cheaper at one time than another: for, if the metal which conftitutes the coin was formerly twice as fcarce as at prefent, the commodity was then as dear at half the price, as now it is at the whole.

THE Coining of money is in all ftates the act of the fovereign power; for the reafon juft mentioned, that it's value may be known on infpection. And with refpect to coinage in general; there are three things to be confidered therein; the materials, the impreffion, and the denomination.

WITH regard to the materials, fir Edward Coke lays it down", that the money of England must either be of gold or filver; and none other was ever iffued by the royal authority till 1672, when copper farthings and half-pence were coined by king Charles the fecond, and ordered by proclamation to be current in all payments, under the value of fix-pence, and not otherwise. But this copper coin is not upon the fame footing with the other in many refpects, particularly with regard to the offence of counterfeiting it.

As to the impreffion, the ftamping thereof is the unquestionable prerogative of the crown: for though divers bishops and monafteries had formerly the privilege of coining money, yet, as fir Matthew Hale observes, this was ufually done by special grant from the king, or by prescription which supposes one; and therefore was derived from, and not in derogation of, the royal prerogative. Befides that they had only the profit of the coinage, and not the power of inftituting either the impreffion

wa Inft. 577

* 1 Hift. P. C. 191.'

or

or denomination; but had ufually the ftamp fent them from the exchequer.

THE denomination, or the value for which the coin is to pass current, is likewife in the breast of the king; and, if any unufual picces are coined, that value must be afcertained by proclamation. In order to fix the value, the weight and the fineness of the metal are to be taken into confideration together. When a given weight of gold or filver is of a given fineness, it is then of the true ftandard, and called sterling metal; a name for which there are various reasons given', but none of them entirely fatisfactory. And of this fterling metal all the coin of the kingdom must be made, by the ftatute 25 Edw. III. c. 13. So that the king's prerogative feemeth not to extend to the debafing or inhancing the value of the coin, below or above the sterling value *: though fir Matthew Hale' appears to be of another opinion. The king may also, by his proclamation, legitimate foreign coin, and make it current here; declaring at what value it shall be taken in` payments. But this, I apprehend, ought to be by comparison' with the standard of our own coin; otherways the confent of parliament will be neceffary. There is at prefent no fuch legitimated money; Portugal coin being only current by private confent, fo that any one who pleafes may refufe to take it in payment. The king may alfo at any time decry, or cry down, any coin of the kingdom, and make it no longer current.

VI. THE king is, laftly, confidered by the laws of England as the head and fupreme governor of the national church.

To enter into the reafons upon which this prerogative is founded is matter rather of divinity than of law. I fhall therefore only observe that by statute 26 Hen. VIII. c. 1. (reciting that the king's majefty juftly and rightfully is and ought to be the fupreme

head

head of the church of England; and fo had been recognized by the clergy of this kingdom in their convocation) it is enacted, that the king shall be reputed the only fupreme head in earth of the church of England, and shall have, annexed to the imperial crown of this realm, as well the title and ftile thereof, as all jurisdictions, authorities, and commodities, to the said dignity of fupreme head of the church appertaining. And another ftatute to the fame purport was made, 1. Eliz. c. 1.

IN virtue of this authority the king convenes, prorogues, reftrains, regulates, and diffolves all ecclefiaftical fynods or convocations. This was an inherent prerogative of the crown, long before the time of Henry VIII, as appears by the ftatute 8 Hen. VI. c. 1. and the many authors, both lawyers and hiftorians, vouched by fir Edward Coke. So that the ftatute 25 Hen. VIII. c. 19. which restrains the convocation from making or putting in execution any canons repugnant to the king's prerogative, or the laws, customs, and ftatutes of the realm, was merely declaratory of the old common law: that part of it only being new, which makes the king's royal affent actually neceffary to the validity of every canon. The convocation or ecclefiaftical fynod, in England, differs confiderably in it's conftitution from the fynods of other chriftian kingdoms: thofe confifting wholly of bishops; whereas with us the convocation is the miniature of a parliament, wherein the archbishop prefides with regal state; the upper houfe of bifhops reprefents the houfe of lords: and the lower houfe, compofed of reprefentatives of the feveral diocefes at large, and of each particular chapter therein, resembles the houfe of commons with it's knights of the fhire and burgetles. This conftitution is faid to be owing to the policy of Edward I; who thereby at one and the fame time let in the inferior

ferior clergy to the privilege of forming ecclefiaftical canons, (which before they had not) and alfo introduced a method of taxing ecclefiaftical benefices, by confent of convocation".

FROM this prerogative alfo, of being the head of the church, arifes the king's right of nomination to vacant bishopricks, and certain other ecclefiaftical preferments; which will more properly be confidered when we come to treat of the clergy. I fhall only here obferve, that this is now done in confequence of the ftatute 25 Hen. VIII. c. 20.

As head of the church, the king is likewife the dernier resort in all ecclefiaftical causes; an appeal lying ultimately to him in chancery from the sentence of every ecclefiaftical judge: which right was restored to the crown by statute 25 Hen. VIII. c. 19. as will more fully be shewn hereafter.

Gilb. hift. of exch. c. 4.