standard (wherein consists 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 universal medium or common fign will fink in value, and grow less precious. Above a thousand millions of bullion are calculated to have been imported into Europe from America within less than three centuries; and the quantity is daily increasing. 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 rise. A horse, that was formerly worth ten pounds, is now perhaps worth twenty; and, by any failure of current fpecie, the price may be reduced to what it was. Yet is the horse in reality neither dearer nor cheaper at one time than another: for, if the metal which conftitutes the coin was formerly twice as scarce as at present, the commodity was then as dear at half the price, as now it is at the whole. THE coining of money is in all states the act of the fovereign power; for the reason just mentioned, that it's value may be known on inspection. And with respect to coinage in general, there are three things to be confidered therein; the materials, the impression, 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 issued by the royal authority till 1672, when copper farthings and half-pence were coined by king Charles the second, 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 same footing with the other in many respects, particularly with regard to the offence of counterfeiting it. As to the impression, the stamping thereof is the unqueftionable prerogative of the crown: for, though divers bishops and monasteries had formerly the privilege of coining money, yet, as fir Matthew Hale observes, this was usually 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. Besides that they had only the profit of the coinage, and not the power of instituting either the impression or denomination; but had usually the stamp sent them from the exchequer. THE denomination, or the value for which the coin is to pafs current, is likewife in the breast of the king; and, if any unusual pieces are coined, that value must be ascertained 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 standard, and called sterling metal; a name for which there are various reasons given, but none of them entirely satiffactory. And of this sterling metal all the coin of the kingdom must be made by the statute 25 Edw. III. c. 13. So that the king's prerogative seemeth not to extend to the debafing or inhancing the value of the coin, below or above the sterling valued: 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 comparifon with the standard of our own coin; otherwise the confent of parliament will be necessary. There is at present no such legitimated money; Portugal coin being only current by private consent, so that any one who pleases may refuse to take it in pay ment. The king may also at any time decry, or cry down, any coin of the kingdom, and make it no longer current &. VI. THE king is, lastly, confidered by the laws of England as the head and fupreme governor of the national church. To enter into the reasons upon which this prerogative is founded is matter rather of divinity than of law. I shall therefore only observe that by ftatute 26 Hen. VIII. c. 1. (reciting that the king's majefty justly and rightfully is and ought to be the fupreme 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 supreme head in earth of the church of England, and shall have, annexed to the imperial crown of this realm, as well the titles and stile thereof, as all jurifdictions, authorities, and commodities, to the said dignity of fupreme head of the church appertaining. And another statute to the fame purport was made, 1 Eliz. c. I. In virtue of this authority the king convenes, prorogues, reftrains, regulates, and dissolves all ecclesiastical synods or convocations. This was an inherent prerogative of the crown, long before the time of Henry VIII, as appears by the statute 8 Hen.VI. c. 1. and the many authors, both lawyers and historians, vouched by fir Edward Cokeh. So that the statute 25 Hen.VIII. c.19. which reftrains the convocation from making or putting in execution any canons repugnant to the king's prerogative, or the laws, customs, and statutes 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 necessary to the validity of every canon. The convocation or ecclesiastical synod, in England, differs confiderably in it's constitution from the synods of other christian kingdoms: those confifting wholly of bishops; whereas with us the convocation is the miniature of a parliament, wherein the archbishop pretides with regal state; the upper house of bishops reprefents the house of lords; and the lower house, composed of representatives of the feveral dioceses at large, and of each parti h 4 Inst. 322, 323. cular In the diet of Sweden, where the ecclesiastics form one of the branches of the legiflature, the chamber of the clergy resembles the convocation of England. It is composed of the bishops and fuperinten cular chapter therein, resembles the house of commons with it's knights of the shire and burgesses. This constitution is faid to be owing to the policy of Edward I; who thereby at one and the same time let in the inferior clergy to the privilege of forming ecclefiaftical canons, (which before they had not) and also introduced a method of taxing ecclefiaftical benefices, by consent of convocation k. FROM this prerogative also of being the head of the church arises the king's right of nomination to vacant bishopricks, and certain other ecclefiaftical preferments; which will better be confidered when we come to treat of the clergy. I shall only here observe, that this is now done in consequence of the statute 25 Hen.VIII. c. 20. As head of the church, the king is likewise the dernier refort 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. dants; and also of deputies, one of which CHAPTER THE EIGHTH. OF THE KING'S REVENUE. AVING, in the preceding chapter, confidered at large those branches of the king's prerogative, which contribute to his royal dignity, and constitute the executive power of the government, we proceed now to examine the king's fifcal prerogatives, or such as regard his revenue ; which the British conftitution hath vested in the royal person, in order to support his dignity and maintain his power: being a portion which each subject contributes of his property, in order to fecure the remainder. THIS revenue is either ordinary, or extraordinary. The king's ordinary revenue is such, as has either subsisted time out of mind in the crown; or else has been granted by parliament, by way of purchase or exchange for fuch of the king's inherent hereditary revenues, as were found inconvenient to the subject. WHEN I say that it has subsisted time out of mind in the crown, I do not mean that the king is at present in the actual poffeffion of the whole of this revenue. Much (nay, the greatest part) of it is at this day in the hands of fubjects; to whom it has been granted out from time to time by the kings of England: which has rendered the crown in fome measure dependent on the people for it's ordinary support and subsistence. So that I must be obliged to recount, as part of the royal revenue, what lords of manors |