Page:Prerogatives of the Crown.djvu/216

 196 Weights.-~Coin. [Ch.X. Sec.II. by the grant of unreasonable toll, or by the owner taking such toll. It seems also, that it is not forfeited by the owner hold- ing it longer than the time allowed by the patent, the statute 2 Edw. 3. c. 15. merely providing, that the King may in such case (on office bound {a) ), " seize the fair into his own hands, there to remain till the owner pay a fine, &c." which implies, a seizure and not a forfeiture (6). It appears, however, that if a market or fair be holden on a diffigrent day, and not at all on the day allowed, or if there be any abuse in a matter by law, incident to a market or fair, as in the court of pie ponders, an absolute forfeiture is incurred (c). 3. The regulation of weights and measures, is ranked by Sir William Blackstone among the rights of the Crown (d) ; but, (as observed by Mr. Christian,) with some degree of impro- priety ; for, from Magna Charta to the present time, there are above twenty Acts of Parliament to fix and establish tlie stand- ard and uniformity of weights and measures {e), 4. As to Monet/, Coin, Src, — As the regulator and protector of commerce, of which money is the medium, the King alone is entrusted with the right to coin money, to fix its denomina- tion or value, and to render it current (f). His Majesty may legitimate foreign coin, and make it current here, declaring at what value it shall be taken in payment (g), and may, at any time, decry any coin of the kingdom, and make it no longer current. This prerogative may be considered with reference — 1 st, to the materials ; 2dly, the impression ; and, 3dly, the denomina- tion or value of coin. 1. Sir Edward Coke asserts {h) that the money of England must consist either of gold or silver, and none other was ever (a) 2 Inst. 222. Charta, ch. 25, and the statutes cited lb) Ibid. See Com. Dig. Market, T. 3 Bac. Ah. 113, title Fairs, C. 2Rol. Ab. 124. A similar construction (/) 5 Co. 114. Dav. 19. 2 Rol. has been also applied to the statute Ab. 166. Plowd. Com. 316. 1 Bla. Westminster 1. c. 31. as to taking ex- Com. 276. Hal. Hist. P. C. 188. cessive toll. Ante, 195. (g) 1 Hal. P. C. 197. 1 Bla. Com. (c) Ibid. Palmer's R. 82. 278, see 1 March 6. 5 El.c. 11. 18 (rf) 1 Bla. Com. 274. El. c. 1. 43 Geo. 3. c. 139. s. 3. (0 Ibid. 276, note 16. See Magna (A) 2 Inst. 577. issued