th that character is often quoted by that
great lawyer my Lord Coke. By the laws of England, several metals are
divided into lawful or true metal and unlawful or false metal; the
former comprehends silver or gold, the latter all baser metals: that
the former is only to pass in payments appears by an Act of Parliament
made the twentieth year of Edward the First, called the statute
concerning the passing of pence, which I give you here as I got it
translated into English; for some of our laws at that time were, as I
am told, writ in Latin: Whoever in buying or selling presumeth to
refuse an half-penny or farthing of lawful money, bearing the stamp
which it ought to have, let him be seized on as a contemner of the
king's majesty, and cast to prison.

By this statute, no person is to be reckoned a contemner of the king's
majesty, and for that crime to be committed to prison, but he who
refuses to accept the king's coin made of lawful metal, by which, as I
observ'd before, silver and gold only are intended.

That this is the true construction of the Act, appears not only from
the plain meaning of the words, but from my Lord Coke's observation
upon it. By this Act (says he) it appears that no subject can be
forc'd to take in buying or selling or other payments, any money made
but of lawful metal; that is, of silver or gold.

The law of England gives the king all mines of gold and silver, but
not the mines of other metals; the reason of which prerogative or
power, as it is given by my Lord Coke, is, because money can be made
of gold and silver, but not of other metals.

Pursuant to this opinion half-pence and farthings were anciently made
of silver, which is more evident from the Act of Parliament of Henry
the IVth. chap. 4, by which it is enacted as follows: Item, for the
great scarcity that is at present within the realm of England of
half-pence and farthings of silver, it is ordained and established
that the third part of all the money of silver plate which shall be
brought to the bullion, shall be made in half-pence and farthings.
This shows that by the words half-penny and farthing of lawful money
in that statute concerning the passing of pence, is meant a small coin
in half-pence and farthings of silver.

This is further manifest from the statute of the ninth year of Edward
the IIId. chap. 3, which enacts, That no sterling half-penny or
farthing be molten for to make vessel, or any other thing by the
goldsmiths, no