re
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 consideration together. When a given weight of gold or
silver 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[c], but none of them entirely satisfactory. 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 debasing or inhancing the value of the coin, below or above the
sterling value[d]: though sir Matthew Hale[e] 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[f]. But this, I apprehend, ought to be by comparison
with the standard of our own coin; otherwise the consent 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 payment. The king may also at any
time decry, or cry down, any coin of the kingdom, and make it no
longer current[g].
[Footnote c: Spelm. Gloss. 203.]
[Footnote d: 2 Inst. 577.]
[Footnote e: 1 H.P.C. 194.]
[Footnote f: _Ibid._ 197.]
[Footnote g: _Ibid._]
VI. THE king is, lastly, considered by the laws of England as the head
and supreme 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 statute 26 Hen. VIII. c. 1. (reciting that the king's majesty
justly and rightfully is and ought to be the supreme head of the
church of England; and so 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 jurisdictions, authorities, and
commodities, to the said dignity of supreme head of the church
appertaining. And another statute to the same purport was made, 1
Eliz. c. 1.
IN virtue of this authority the king convenes, prorogues, restrains,
regulates, and dissolves all ecclesiastical synods or convocations.
This was an inherent prerogative of the crown,
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