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
The standard of weights was originally taken from corns of wheat,
whence the lowest denomination of weights we have is still called a
grain; thirty two of which are directed, by the statute called
_compositio mensurarum_, to compose a penny weight, whereof twenty
make an ounce, twelve ounces a pound, and so upwards. And upon these
principles the first standards were made; which, being originally so
fixed by the crown, their subsequent regulations have been generally
made by the king in parliament. Thus, under king Richard I, in his
parliament holden at Westminster, _A.D._ 1197, it was ordained that
there shall be only one weight and one measure throughout the kingdom,
and that the custody of the assise or standard of weights and measures
shall be committed to certain persons in every city and borough[s];
from whence the antient office of the king's aulnager seems to have
been derived, whose duty it was, for a certain fee, to measure all
cloths made for sale, till the office was abolished by the statute 11
& 12 W. III. c. 20. In king John's time this ordinance of king Richard
was frequently dispensed with for money[t]; which occasioned a
provision to be made for inforcing it, in the great charters of king
John and his son[u]. These original standards were called _pondus
regis_[w], and _mensura domini regis_[x]; and are directed by a
variety of subsequent statutes to be kept in the exchequer, and all
weights and measures to be made conformable thereto[y]. But, as sir
Edward Coke observes[z], though this hath so often by authority of
parliament been enacted, yet it could never be effected; so forcible
is custom with the multitude, when it hath gotten an head.
[Footnote p: _Gr. Coustum._ _c._ 16.]
[Footnote q: _cap._ 8.]
[Footnote r: William of Malmsb. _in vita Hen. I._ Spelm. _Hen. I. ap._
Wilkins. 299.]
[Footnote s: Hoved. Matth. Paris.]
[Footnote t: Hoved. _A.D._ 1201.]
[Footnote u: 9 Hen. III. c. 25.]
[Footnote w: _Plac. 35 Edw. I. apud_ Cowel's Interpr. _tit. pondus
regis._]
[Footnote x: _Flet._ 2. 12.]
[Footnote y: 14 Edw. III. st. 1. c. 12. 25 Edw. III. st. 5. c. 10. 16
Ric. II. c. 3. 8 Hen. VI. c. 5. 11 Hen. VI. c. 8. 11 Hen. VII. c. 4.
22 Car. II. c. 8.]
[Footnote z: 2 Inst. 41.]
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