my lord Coke[1]. By the law of England the several metals are divided into lawful or true metal, and unlawful or false metal: the former comprehends silver and gold, the latter all baser metals: that the former is only to pass in payments, appears by an act of parliament[2] 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, written in Latin; Whoever in buying or selling presumes to refuse a 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.
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 Coke's[3] observation upon it. By this act (says he) it appears, that no subject can be forced to take, in buying, or selling, or other payment, 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[4] is, because money can
