w go on to tell you the judgments of
some great lawyers in this matter, whom I fee'd on purpose for your
sakes, and got their opinions under their hands, that I might be sure I
went upon good grounds.
A famous law-book, called "The Mirror of Justice,"[24] discoursing of
the articles (or laws) ordained by our ancient kings declares the law to
be as follows: "It was ordained that no king of this realm should
change, impair or amend the money or make any other money than of gold
or silver without the assent of all the counties," that is, as my Lord
Coke says,[25] without the assent of Parliament.
[Footnote 24: This was an important legal treatise often quoted by Coke.
Its full title is: "The Booke called, The Mirrour of Justices: Made by
Andrew Home. With the book, called, The Diversity of Courts, And Their
Jurisdictions ... London ... 1646." The French edition was printed in
1642 with the title, "La somme appelle Mirroir des Justices: vel
speculum Justiciariorum, Factum per Andream Home." Coke quotes it from a
manuscript, as he died before it was printed. [T.S.]]
[Footnote 25: 2 Inst. 576. [ORIG. ED.]]
This book is very ancient, and of great authority for the time in which
it was wrote, and with that character is often quoted by that great
lawyer my Lord Coke.[26] By the law of England, the 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[27]
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 halfpenny 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 into prison."
[Footnote 26: 2 Inst. 576-577. [ORIG. ED.]]
[Footnote 27: 2 Inst. 577. [ORIG. ED.]]
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
observed 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 C
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