Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
WITH us in England, the king's prerogative, so far as it relates to
mere domestic commerce, will fall principally under the following
articles:
FIRST, the establishment of public marts, or places of buying and
selling, such as markets and fairs, with the tolls thereunto
belonging. These can only be set up by virtue of the king's grant, or
by long and immemorial usage and prescription, which presupposes such
a grant[o]. The limitation of these public resorts, to such time and
such place as may be most convenient for the neighbourhood, forms a
part of oeconomics, or domestic polity; which, considering the kingdom
as a large family, and the king as the master of it, he clearly has a
right to dispose and order as he pleases.
[Footnote o: 2 Inst. 220.]
SECONDLY, the regulation of weights and measures. These, for the
advantage of the public, ought to be universally the same throughout
the kingdom; being the general criterions which reduce all things to
the same or an equivalent value. But, as weight and measure are things
in their nature arbitrary and uncertain, it is therefore expedient
that they be reduced to some fixed rule or standard: which standard it
is impossible to fix by any written law or oral proclamation; for no
man can, by words only, give another an adequate idea of a foot-rule,
or a pound-weight. It is therefore necessary to have recourse to some
visible, palpable, material standard; by forming a comparison with
which, all weights and measures may be reduced to one uniform size:
and the prerogative of fixing this standard, our antient law vested in
the crown; as in Normandy it belonged to the duke[p]. This standard
was originally kept at Winchester: and we find in the laws of king
Edgar[q], near a century before the conquest, an injunction that the
one measure, which was kept at Winchester, should be observed
throughout the realm. Most nations have regulated the standard of
measures of length by comparison with the parts of the human body; as
the palm, the hand, the span, the foot, the cubit, the ell, (_ulna_,
or arm) the pace, and the fathom. But, as these are of different
dimensions in men of different proportions, our antient historians[r]
inform us, that a new standard of longitudinal measure was ascertained
by king Henry the first; who commanded that the _ulna_ or antient ell,
which answers to the modern yard, should be made of the exact length
of his own arm. And, one standard of measures of length being gained,
all others are easily derived from thence; those of greater length by
multiplying, those of less by subdividing, that original standard.
Thus, by the statute called _compositio ulnarum et perticarum_, five
yards and an half make a perch; and the yard is subdivided into three
feet, and each foot into twelve inches; which inches will be each of
the length of three grains of barley. Superficial measures are derived
by squaring those of length; and measures of capacity by cubing them.
Public-domain text, read in full here on John Shaqi.
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