et non de sponte oblatis Consideratum est de assensu Thesaurarii Angliae quod praedict W. de Asthorp de 100 l. praedictis eroneretur et quietus eristat praetextu praemissorum Salbo semper actione Regis st alias inde loqui voluerit 20 R. 2. REX c. fieri facias de bonis catallis Johannis Crumhall 13 s. 4 d. quos debuit Philippae nuper Reginae Angliae de AURO SUO de quodam 5 fine 10 marcarum quem ipse secit pro duabus falsitatibus de quibus convictus fuit in Scaccario Edwardi nuper Regis Angliae 5 Abi nostri charissimi Anno regni dicti Avi nostri 12. Qui quidem denarii ad manus dicti Avi nostri per mortem dictae nuper Reginae fuerunt devoluti jam per mortem dicti Avi ad nos devolvuntur Et denarios illos habeas apud c. From these Records of King Richard the 2. I shall observe 1. That the arrears of Queen-gold due to King Edward the 3d by the decease of Queen Philip devolved by his death to his successor and grandchild King Richard the 2. by vertue of his Prerogative and to none other 2ly That it was due for Fines for the Custody of the Lands bodies and marriages of the Kings Wards of which duty right the King would not suffer his Queen to be deprived at the Petition of the Commons in Parliament for fines for alienations of Advowsons and Lands in Mortmain Confirmations of Lands and Archdeaconries in Ireland Fines for deceipts or frauds But not for fines certain imposed by Judgement of the Court upon Offenders against the parties will or consent 3ly That all Lands and Tenements which the parties had at the time when this Debt to the Queen first accrued by reason of their fine to the King were liable to be extended for it in whose hands soever they came 4ly That Sheriffs were to levy and account for it to the King and Queen in the same manner as they did for the Kings other Debts and were ordered not to depart the Court till they had accounted for or paid in all the moneyes they had levyed for this duty by the Kings Writs and were attached and fined for their contempts in departing from the Court before they accounted for or paid what they had levyed for this duty to the Queen The Principal Records concerning Queen-gold during the reign of our next King Henry the 4. I have yet discovered are these ensuing SImon Ocle Prior Prioratus de Barnstaple venit coram Baronibus hu jus Scaccarii modo in crastino Clausi Paschae hoc termino queritur se grahiter diffrictum esse per Vicecomitem Devon pro sexdecim marcis de eo Conventu suo ad opus Dominae Johannae Reginae Angliae exactis de AVRO SVO de quodam 4 fine Centum et ser Librarum tresdecim solidorum et quatuor denariorum quem praefata Regina asserit se Conventum suum fecisse cum Domino Rege 4 pro licencia concedendi eisdem Prioiri et Conventui quod ipsi et successores sui sint quieti et exonerati imperpetuum de fine firma subsidio et apporto et omnibus aliis oneribus impositionibus et demandis quae de ipsis tanquam alienig possint demandari in augmintationem divini servicii pro dicto Domino Regi et progenitoribus haeredibus et successoâ—ibus suis inibi faciend Et praefatus Prior dicit quod ipse pro AURO REGINAE in hoc casu minus juste distringitur quia dicit quod AURUM REGINAE per legem Ierrae levari non debet nisi solummodo de finibus et rebus Domino Regi sponte oblatis Sed dicit quod pra dicta summa Centum et ser Libâ—arum tresdecim solidorum et quatuor denariorum praedictorum in casu praedicto non est finis sponte oblatus Domino Regi in quo casu per legem Terrae dicta Domina Regina AURUM SUUM erigere non debet ac Vnde petit judicium et quod districtio praedicta versus eum cesset â—c What the issue of this Plea was I cannot yet discover but in all probability it was over-ruled against him for the Queen being such a Priviledge Liberty and Exemption for which others usually payd Queen-gold without any such plea or dispute which would totally elude this Duty Inter Communia de Termino Paschae Anno 13 H. 4. post Conquest Rot. 3. ex parte Remem Regis there is this memorable Record concerning Queen-gold DOminus Rex mandavit hic breve suum de magno Sigillo suo quod est inter Communia de hoc Termino Rot. 3. in haec verba Henricus Dei gratiâ Rex Angliae Franciae Dominus Hiberniae Thes Baronibus de Scaccario salutem Cum ad Reginas Angliae pro tempore existentes de 1 quolibet fine decem marcas attingen temporibus Progenitorum nostrorum quondam Regum Angliae facto unam marcam de viginti marcis duas marcas de centum marcis decem marcas et de majori majus et de minori minus et de quolibet fine decem marcas bel amplius attingen percipiend de illo qui buiusmodi finem facit ultra finem illum nobis solut vel solvend vocat AURUM REGINAE habere pertineat prout tam per Rubrum librum Scaccarii praedicti quam compota Thes et Generalium Receptorum Reginarum praedictarum in Scaccario praedicto residen plenius apparet de Recordo prout sumus informati Ac carissima Consors nostra Regina id quod ad eam pertinet de certis finibus in Camera nostra factis nisi fines illi coram vobis in Scaccarium praedict mittantur de Recordo consequi non potest ut est dictum Nos nolentes eidem Consorti nostrae iusticiam differri in hac parte quandam Cedul de diversis pecuniarum summis de dictis 4 finibus in Camera nostra ut praedictum est factis in quodam brevi nostro de Privato sigillo in Cancellar nostram per nos missam cujus quidam Cedulae tenor una cum dicto brevi in dicta Cancellaria nostra remanet de Recordo vobis mittimus sub pede sigilli nostri Mandantes quod inspectis libro Compotis cedula praedictis ulterius ad prosecutionem praefatae Consortis nostrae pro â—albacione juris sui in hac parte fieri fac prout de jure et secundum legem et consuetudinem regni nostri Angliae fuerit â—aciend Teste meipso apud Westm 27 die Aprilis Anno regni nostri 13. Per breve de privato sigillo Et tenor Cedul de quo fit mentio superius in brevi sequitur in haec verba Memorand de finibus fact in Camera Domini H. Regis Angliae Franciae quarti Annis regni sui quinto sexto septimo octavo nono decimo
endebted to him to perform their wills 4ly That the ordinary proportion of Queen-gold in King Henries reign was only one Mark to the Queen for every ten Marks to the King yet in the case of Jone Wake the Queen had one thousand Marks for the Kings nine thousand 6ly That the King himself sometimes appointed when and how the whole Ten thousand Marks as well that due to Queen as to himself should be paid at several payments into the Exchequer and that by expresse agreement when the Fine was made 6ly That the Queens gold was to be levyed by the Kings processe issued to the Sheriffs in the same manner as the Kings Fine was And that the Sheriffs of London were imprisoned by the Barons and the Liberties of the City seised into the Kings hands for their neglect in not levying it and for the Citizens riot and rescous of those pawnes they had given for it 7ly That all the Lands and goods of the parties that made the Fines which they had at the time of the Fines made were to be extended for the Queens gold as well as for the Kings Fines And that if the party failed of the last payment of the Kings Fine he was to lose all that was payd and the Custody of the Wards lands and body too for which it was payd 8ly That Aurum Reginae was due to the Queen out of all voluntary Oblations and Fines made to the King in Ireland as well as in England And that by King Henry his special grant of the Land of Ireland to his son and Heir Prince Edward in as free and ample manner as himself enjoyed it the Queen-gold there became due to the Princes wife by his special Patent to her I shall next present you with such Records concerning QUEEN-GOLD as I have found and perused in the Tower and Court of Exchequer during the reign of King Edward the 1. John de Waterele Keeper of the Aurum Reginae accruing to Queen Eleanor wife to King Henry the 3d and Mother to King Edward the 1. exacting this Duty in the Court of Exchequer after King Henries death from those who granted him the 20th part of their goods in his life-time towards the relief of the Holy Land and likewise out of the Tallages last assessed on the Kings Lands and Tenants throughout England to their great grievance upon complaint thereof to King Edward the 1. his Counsil he being then absent in the Holy Land in the first year of his reign some of them came personally into the Court of Exchequer and there openly prohibited Waterele from thenceforth to exact or receive any Gold from any upon these occasions as this Record and Memorandum in the Office of the Kings Remembrancer in the Exchequer informs us MEmorandum quod die Lunae prox ante festum Conversionis Sancti Pauli vener ad Scaccarium W. Eborum Archiepiscopus Rogerus de Mortuo mari Robertus Burnel quidam alii de Consilio Regis et inhibuerunt 5 Johanni de Waterele Custodi AVRI Alienorae Reginae matris Regis Edwardi 4 ne de caetero exigat seu capiat ab aliquo AVRVM ad opus ejusdem Reginae occasione vicesimae praedicto Regi concessae tempoâ—e H. Regis patris sui in Subsid terrae sanctae nec etiam occasione Tallagii ultimo assess per Angl. super Dominica Regis praedicti In the 3d year of King Edward the 1. Nicholas de Ely Bishop of Winchester being prosecuted in the Kings Exchequer for Queen-gold by Queen Eleanors Clerk for a Debt of 2229 l. 13 s. 1 d. due to King Henry the 3d her husband by John Gernsey his predecessor for the corn and stock of the said Bishoprick which he bought of the King upon the Kings command to the Treasurer and Barons deliverd to them by word of mouth in the Exchequer they discharged him from the payment of the said Gold by authority of the Kings command whether out of meer grace to the Bishop or because the successor Bishop was not obliged by this contract of his predecessor for this stock and corn devolved to the predecessors Executors or to the King by his decease Or because no Aurum Reginae was due in strictnesse of Law upon this bargain or emption appears not by the Record thereof entred in these words MEmorand quod die Lunae proxim post Festum Sanctorum Nerei Achillei venit Walterus de Heleni ad Scaccarium dixit Thes Baron ex parte D. Regis quod in proximo adventu Nicholai Episcopi Wint. ad idem Scaccarium absolverent eundem Episcopum de AVRO quod exigitur ab eo ad oPUS Dominae Reginae matris Domini Regis de 2229 l. 3 s. 1 d. in quibus Johannes quondam Wynton Episcopus Regi H. tenebatur 4 pro emptione bladi et instauri dicti Episcopatus Postea venit idem Episcopus ad Scaccarium praedictum et auctoritate mand praedict absolutus est de AVRO praedicto Eleanor first Queen Consort to King Edward the 1. in the 3d. year of his reign constituted Walter Kent Receiver and keeper of her gold in the Kings Exchequer whereupon she sent this Letter to the Barons to admit him to this Office without any difficulty and to advise and assist him therein when need should require as Eleanor wife to H. 3. had done before her CUM dilecto fideli Waltero de Cantia Clerico nostro terrarum tenementorum nostrorum in Anglia et Auri nostri commiserimus custodiam et exitus inde recipiend de eisdem ordinand et disponend prout nobis viderit expedire ac quaedam dictam custodiam tangentia existant quae per vos cautiorem sortire valeant effectum per quod vos rogamus affectuosè quatinus dictum Walterum ad custodiam Auri praedicti nostro nomine faciend sine aliquo diffugio recipiatis eidem in Ofeficio praedito aliis negotiis nostris coram vobis expediend quociens opus fuerit consulentes esse velitis auxiliantes precibus nostris amore Dat. apud Woodstock 26 die Decembris Anno regni Domini nostri Edwardi tertio Anno 4 E. 1. Queen Eleanor assigned Benett of Wynton a Jew to keep her Gold and dispatch her other businesse in the Exchequer for the Jews as other Jews had alwayes accustomed to do as appears by this Mandate of the King to the Barons to admit him to this office CUM karissima Consors Alienora Regina Angliae 5 assignaverit Benettum de Wynton Judaeum ad Aurum ipsius Consortis Custod ad alia negotia ipsam contingentia exequend prout alii Judaei semper hactenus facere consueverunt Rex mand eisdem quod praefat Benettum ad hoc admittant in forma praedita Teste c. This year there arising some new Controversies and doubts out of what Oblations QUEEN-GOLD ought to be paid the King and his Counsil made these resolutions therein which they
marc pro omnibus transgr factis in tax praedictis 45 s. Coram H. de Stanton anno 17. De Priore Lanton primae de parte 40 s. de Auro Reginae de 4 fine 20 l. pro confirmatione quarundam Cartarum habenda 13 s. 4 d. Canc. anno 18. Lancastr De Roberto de Dalton de parte 10 marc de Auro Reginae atterminat ad 2 marc per annum de 4 fine 100 marc pro vita sua salvonda et terris suis rehabend 13 s. 4 d. De Willielmo Moigne de parte 20 marc atterminat ad quinque marc per annum de 4 fine 200 marc pro pardonacione habend de transgr 33 s. 4 d. Salop. De Hugone de Mortuo mari de parte 20 l. de Auro Reginae atterminat ad 40 s. per annum de 4 fine 200 l. pro vita sua salvanda et terris suis rehabendis 20 s. Canc. anno 17. Somerset Dorset De Roberto de Neweburgh de parte 10 l. de Auro suo de fine 100 l. pro vita sua salvanda et terris suis rehabend 20 s. Canc. anno 17. Salop. Staff De Philippo Barinton aliis Principal tax subtax Com. Staff de parte 34 marc de Auro Reginae de 4 fine 340 marc pro concelamento et aliis transgr factis in taxationibus praedictis 50 s. Coram J. de Stonore anno 17. De Viviano de Standon aliis pl. Willielmi de Chetilton de parte 40 s. de Auro Reginae de 4 fine 20 l. pro eodem Willielmo pro plur transgr 13 s. 4 d. De Henrico de Cressewell al. pleg Ricardi Shirard senioris Thom. sil ejusdem Ricardi fil Ricardi Shirard Willielmi fratris ejus de parte 40 s. de Auro Reginae de fine 20 l. pro eisdem pro transgressionibus 10 s. Summa ab alia summa usque hac 34 l. 12 s. 02 d. ob Summa total hujus Rotuli conjuncta 80 l. 05 s. 06 d. ob Summa total Recept Auri per totum Annum 19º 231 l. 18 s. 10 d. ob What other Sums were received for AVRVM REGINAE this year in Michaelmas and Hilary Terms I cannot yet finde out by any Records I have hitherto perused Only I read that the King this year on the 11. of January pardoned and remitted 200 〈…〉 Queen-gold due from Bogo de Clare which accrued to him by his Queens decease thus recorded in the Clause Roll in the Tower of London REX Thes Baronibus suis de Scaccario salutem Ob bonam affectionnem quam karissima Consors nostra Alienora quondam Regina Angliae erga dilectum nobis Bogonâ—m de Clare habere novimus dum vivebat pardonabimus eidem Bogoni ducentas marcas in quibus praefatae Reginae die quo obiit tenebatur pro AVRO SVO ipsam contingente de quodam 4 fine duorum milium marcarum quem idem Bogo fecit nobiscum pro quadam transgressione sibi imposita Et ideo vobis mandamus quod praedictum Bogonem de praedictis ducentis marcis quietum esse faciatis Teste Rege apud Asserugg 11 die Januarii This Bogo de Clare was committed Prisoner to the Tower of London by sentence of the King and his Counsil in the Parliament of An. 18 E. 1. for causing the Prior of St. Trinity London to serve a Citation upon Edmund Earl of Cornwall to appear before the Archbishop of Canterbury as he was passing quietly through the midst of the Kings Great Hall at Westminster to the Kings Great Counsil then held at Westminster to which he was summoned by the Kings Writ wherein no person ought to be arrested but only by the Kings Officers and which was exempted from the Archbishops Jurisdiction in manifest contempt and disgrace of the King to his damage of ten thousand pounds until he should satisfie the King for this Trespas for which he put in pledges After which he made a voluntary fine to the King for this Trespasse of 2000 marks which was accepted for payment whereof he put in pledges by the Kings precept before the Treasurer in the Exchequer for which fine he became endebted 200 marks to Queen Eleanor for her AVRVM REGINAE which accruing to the King by her death the King for her good affection to Bogo de Clare in her life-time was pleased graciously to remit it to him after her decease by the precedent Writ issued to the Treasurer and Barons of the Exchequer Anno 27 E. 1. Queen Margaret constituted a Clerk and Receiver of her Queen-gold in the Exchequer by her own Letters Patents and this Writ to the Barons MArgareta Dei gratia Regina Angliae Domina Hiberniae Ducissa Aquitaniae Omnibus ad quos praesentes literae pervenerint salutem Sciatis quod 5 commisimus dilecto Clerico nostro Johanni de Godele Custodiam AVRI nostri assignantes eundem ad Thesaurum nostrum qui ad nos sub nomine dicti Auri pertinet levand colligend et custodiend Ac omnia alia et singula faciend quae ad custodiam illam pertinent prout Custodes REGINARVM Angliae AVRI hujusmodi et Thesauri temporibus retroactis facere debuerunt et consueverunt ita quod de exitibus eorundem nobis respondeat In cujus rei testimonium has literas nostras fieri fecimus Patentes Sigillo nostro privato fignatas quamdiu nobis placuerit duraturas Dat. apud Ledes 22 die Septembris Anno regni Domini nostri Regis Edwardi 27. MArgareta Dei gratiâ Regina Angliae Domina Hybernia Ducissa Aquitan Amicis suis in Christo charissimis Thes Baron Domini Regis de Scaccario salutem Quia 5 commisimus dilecto Clerico nostro Johanni de Godleye Custodiam AVRI nostri prout in literis nostris Patentibus sibi inde confectis plenius continetur Vos rogamus quatinus in hiis quae ad Custodiam illam pertinent dictum Clericum nostrum admittatis vestrum Consilium et auxilium eidem impendentes in eisdem Bene valete Dat. apud Ledes sub privato sigillo nostro 22 die Septembris Anno regni Domini nostri Regis Edwardi 27. From these Records in the reign of King Edward the 1. I shall observe 1. That the Queen Consort during the life and likewise after the death of the King her Husband had the same prerogative and processe for the levying of her Queen-gold and other Debts out of the Lands goods and chattels of the Creditors or their pledges which they had when they first grew due into whose hands soever they came as the King himself had and used for the recovery of his own Debts in the Court of Exchequer and that her Debts ought to be levyed before any Debts due to others next after the Kings 2ly That no Aurum Reginae was due to or demanded by the Queen Mother for any Oblations or Fines made with King Edward the 1. her sonne after the decease of King Henry
in doubtfull cases concerning this duty the Barons of the Eschequer principally grounded their Judgements Resolutions and Certificates to the King concerning it upon the words of Gervasius Tilberiensis recorded in the Red and Black Books of the Exehequer to which they had reourse as to an ancient Statute Ordinance for that Court as they stiled and reputed it which they were obliged to observe in such controversies 5. That upon the Queen Mothers or Queen Consorts deaths all the Debts and arrears of Queen-gold due to either of them by the Law of the Realm and Kings Prerogative accrued devolved to the King then reigning and to none else who recovered demanded levyed received the same in his Court of Exchequer and disposed thereof as his own proper Debts 6ly That Queen-gold was then demanded levyed out of the Lands and Tenements of the parties from whom it was due which they had at the time of their making of the Oblations and Fines to the King into whose hands soever they came by descent or assignment And out of their goods chattels and the lands goods and chattels of their Pledges or Sureties if the principal Debtors had none out of which it might be levyed 7ly That Sheriffs Bailiffs of Liberties and Receivers of this Duty were obliged to levy pay and account to the Queen in the Exchequer for what ever Queen-gold they were charged to levy by Writs directed to them within their respective Bayliwicks when they there accounted to the King for his Debts levyed and were enjoyned by the Barons not to depart out of the Court till they had accounted and agreed with the Queen for the same That they were attached imprisoned fined for their neglects and contempts in not serving returning the Writs or not levying paying in the moneyes charged by them to the Queen or not accounting for the same in manner as in cases of the King and not discharged till the Queen was satisfied or further day given them by the Queens Attornies consent and acknowledgement in open Court 8ly That Queen-gold was then payd recovered received as due by Law and Custom for all Oblations or Fines to the King for grants of the Lands bodyes or mariages of Wards for licenses of alienations of lands rents or appropriation of Churches Advowsons in mortmain for licenses of alienation of lands in Capite from one person to another for the Temporalties of Archbishopricks Bishopricks Monasteries during their vacancies Fines for Ransoms or pardons of all sorts of Trespasses offences against the Peace capital or criminal Fines for Reliess for Licenses to marry for Grants or Confirmations of Charters of Franchises Liberties for Fines for discharge of Hoblars and other Souldiers And for pecuniary Compositions or Fines made by Corporations for Disms Quindisms Subsidies out of goods and chattels in specie not specially exempted from it by those Acts of Parliament whereby they were granted to the King 9ly That no Queen-gold is due out of publike Aydes and Subsidies voluntarily granted to the King in Parliament when paid in specie or compounded for by any particular person that ought to pay them nor for the grant of the Wardship or marriage of Wards where the Wards die soon after and the grantees receive no benefit by reason of the Wards sudden deaths 10ly That Queen-gold shall not be doubly paid upon a double Recognizance or Security for one and the same Fine given to the King by the same person and his pledges though there be some variance in the Name The reign of King Richard the 2d furnisheth us with these observable Records concerning Aurum Reginae An. 5 R. 2. MEmorand quod praeceptum fuit Vicecomitibus London Midd. per breve hujus Scaccarii dat 12. die Julii hoc anno quinto quod de terris catallis Thomae Saundford Adae Yedding Thoma de la Lodelowe de Com. Surr. Adae de Hadham in Balliva sua fieri faciat 704l 6s 8d de remanen 750 l. de AVRO REGINAE as the Marginal Note thereof resolves us quas iidem Thomas Adam Thomas Adam in Curia Domini Edwardi nuper Regis Angliae Avi Regis hujus coram Baronibus de Scaccario 9. die Junii anno regni sui quinto recognovit se quemlibet eorundem in solidum debere Philippae nuper Reginae Angliae defunct quas ei solvisse debuerunt ad terminos dudum praeteritos prout Domino Regi constat per inspectionem Rotulorum hujus Scaccarii ei non solverint qui quidem denar 5 ad manum Domini Regis Avi occasione mortis praefatae nuper Reginae fuerunt devoluti et jam ad manum Regis hujus per mortem diti Regis Avi devolvuntur Ita quod denarios illos haberent hic in crastino Sancti Michaelis hoc termino Regi solvend sicut continetur inter Brevia execut pro Rege hoc Termino Et ad praedict Crastinum praedicti Vicecom retornaverunt breve mandarunt quod ceperunt in manum Domini Regis de terris catallis praedictor Thomae Saunford Adae Yeddyng in balliva sua ad valenciam 10 s. de debito praedicto Et quod praedicti Thomas de Lodelowe Adam de Hadham nichil c. Et quia praefata Regina mortua est prout superius continetur et denarii praediti ad Regem et non ad alium de jure pertinent Ideo eidem Vic. viz. Walterus Deget Willielmus Kingeston onerentur de 10 s. versus Regem de 10 s. praedict praetextu returni sui praedict MEmorand quod praecept suit Vic. Glouc. per breve hujus Scaccarii dat 8. die Novemer anno quarto Regis nunc sicut pluries quod de bonis catallis Thomae Moigne de terris ren quae sua fuerunt anno regni Dom. E. â—nuper Regis Angliae Avi Regis hujus 38 seu postea in 5 quorumcunque manibus eadem terrae tenementa tunc existerent in balliva sua fieri faceret 74 s. 4 d. ob de remanentia 4 l. 14s 10 d. ob quaâ— dictus Thomas debet Philippae nuper Reginae Angl. defunctae de AVRO SVO de 4 fine 47 l. 8 s. 3 d. pro maritagio haeredum Adae de Bromhull Roberti Robelkyn Willielmi Malefant infra aetatem in misericordia Domini Regis Avi existentium havend qui quidem denar ad manum dicti Dom. Regis per mortem praefatae nuper Reginae fuerunt devoluti jam ad 5 manum Regis nunc per mortem dicti Regis Avi devolvuntur Ita quod denarios illos hic haberet in crastino Sancti Michaelis hoc Termino Regi solvendos sicut continetur inter brevia execut pro Rege de hoc tempore Et ad praedict Crastinum praedict Vic. returnavit breve Et mandavit quod cepit in manum Regis de bonis catallis praedicti Thomae Moigne ad valenciam 74 s. 10 s. ob
regni Domini mei Regis nunc 2o. quamdiu nobis placuerit percipiend annuatim per manus suas proprias de Recept sua talia feod vadia qualia alii Recept temporibus aliarum Reginarum Angliae habuerunt et perceperunt ad festa Pasch Sancti Michaelis per equales porciones necnon alia vestur profic commoditat dicto officio debita consueta Damus igitur universis singulis Recept Ballivis Bedellis occupat approvat Tenen Offic. Ministris nostris quibuscunque ac omnibus aliis quorum interest tenore praesentium firmiter in mandatis quod eidem Edmundo in executione et occupatione Offic. praedicti intendentes sint respondentes in omnibus prout decet In cujus rei testimonium has Literas nostras signo nostro Manual signat fieri fecimus Patentes Dat. sub magno sigillo nostro apud Castrum metuendissimi Domini mei de Wyndesore octavo die Julii Anno regni dicti Domini mei tercio In the first year of the reign of King Henry the 8. who had no lesse than six Queen Consorts to some of whom he was very unkind I found this Patent of his first Queen Katherine to Richard Decons constituting him her Receiver General of all herrents and revenues and likewise of her Qeen-gold by expresse name enrolled in the Rolls of that year in the Kings Remembrancers Office MEmorandum quod Richardus Decons Armiger venit coram Baronibus hujus Scaccarii quartodecimo die Novembris hoc Termino in propria persona sua exhibuit Curiae hic quasdant 5 Literas Patentes Dominae Katerinae Reginae Angliae Consortis Domini Regis nunc de magno Sigillo ipsius Dominae Reginae eidem Richardo de Officio Generalis Receptoris ipsius Dominae Reginae confect petens literas illas hic in Curia irrotulari Et Barones Literas illas irrotulari praeceperunt in haec verba KATHERINA Dei Gratiâ Regina Angliae Franciae Domina Hyberniae Omnibus ad quos praesentes literae pervenerint salutem Sciatis quod nos de gratia nostra speciali ac de fidelitate circumspectione et industria dilecti Servientis nostri Richardi Decons Armigeri plenius confidentes Constituimus et 5 Ordinavimus ipsum Richardum Generalem Receptorem nostrum omnium Castrorum Honorum Dominiorum Maneriorum Terrarum Tenementorum Reddit Firm. Feod Firmarum Annuitat AVRI vocat Quene Gold ac aliarum Commoditat nostrarum quarumcunque nobis pertinen seu spectan Et ulterius officium Generalis Receptoris nostri praedicti praefato Richardo Decons damus et concedimus per praesentes Ac etiam volumus tenore praesentium Authoritatem damus et concedimus praefato Richardo ad approvand omnia praedict Castra Honores Dominia Maneria Terr Ten. caetera praemissa cum pertinentiis ad majus proficuum commodum nostra ad constituend deputand ordinand omnes officiarios pro Receptione omnium singulorum denar nobis debit imposterum debend de Exit Recept dictorum Castrorum Honorum Dominiorum Maneriorum Terr Ten. ac caeterorum praemissorum secundum suam discretionem prout sibi melius videbitur pro nostris commodo et proficuis Ac de Recept suis praedictis acquietan nomine nostro dand sigilland Habend tenend occupand officium praedictum praefato Richardo à festo Annunciationis beatae Mariae Virginis ultimo praeterito quamdiu nobis placuerit percipiend annuatim per manus suas proprias de Receptione sua praedicta talia feod vadia qualia alii Recept temporibus aliarum Reginarum habuerunt et perceperunt ad festa Sancti Michaelis Archangeli Paschae per aequales porciones unà cum omnibus aliis proficuis commoditatibus emolumentis dicto officio pertinen sive spectant Damus igitur universis singulis Receptoribus Ballivis Bedellis occupat approvat Tenen Offic. Ministris nostris quibuscunque Ac omnibus aliis quorum interest tenore praesentium firmiter in mandatis quod eidem Richardo in executione et occupatione Offic. praedicti intendentes sint respondentes in omnibus prout decet In cujus rei testimonium has Literas nostras fieri fecimus Patentes Dat. sub magno sigillo nostro apud Manerium Domini mei de Grenewich vicesimo die Junii Anno regni dicti Domini mei Regis Henrici Octavi primo Mr. William Hakewill in his Treatise of Queen-gold and others inform us That Richard Deacons was Receptor Generalis Katherinae Reginae Anno 12. usque 22 H. 8. AVRI SVI for which he received a fee of 50 l. per annum as doth appear by an Account of his in the keeping of Queen Annes Auditor Anno 5 Jacobi Regis And that Katherine first Queen Consort to King Henry the 8. constituted him her Receiver General of all her rents monyes debts and also of her Quéen-gold Which no lesse argueth the distinction of the Office of Receiver of the Quéens gold then the other special Patents for the same The words in which Account are these Richardus Deconus Armig. Generalis Receptor omnium terrarum tenementorum c. Katherinae Reginae Angliae AVRI REGINAE vocati QUEEN-GOLD Which Account of his I have not yet seen nor know where to find The Pipe Roll Anno 22 H. 8. informs us That Griffinus Richards Armig. was Generalis Receptor denarior AVRI REGINAE Katherinae Consortis H. 8. So likewise as Mr. Hakewill writes in the Letters Patents of Queen Anne Bulloigne which he and others referr to Anno 25 27 H. 8. which I cannot finde after a double search for them made unto George Taylour her Attorney General are found these words Anna c. Ordinamus c. Georgium Taylour Receptorem Generalem omnium reddituum c. et AVRI REGINAE vocati QUEEN-GOLD But how much Queen-gold any of H. 8. his Queens in his reign received or what Writs issued for the levying therof I cannot yet discover Only Mr. William Hakewill informs us of one Account in the Custody of Queen Annes Auditor and of the form of a Writ for levying AURUM REGINAE to the use of Queen Katherine last Wife to King Henry the 8. found in an old President Book of that time which I have not yet met with which no doubt agrees with the form of the prâ—mised Writs of that kinde This duty of Aurum Reginae being totally suspended and put in long abeyance from the decease of King Henry the 8. in the year 1547. by reason of King Edward the 6. his death before marriage and the descent of the Crown to Queen Mary and Queen Elizabeth as Soveraign Queens not Queen Consorts uncapable of this duty was again re-continued and revived by the descent of the Realm and Crown of England by undoubted Inheritance and Succession to King James the 6. of Scotland then married to Queen Anne by whom he had
issue who making his royal progresse together with his said Queen out of Scotland into England to take possession of the Crown and Realm arrived in the City of London on the 7th of May. Anno Dom. 1603. and on the 25 of July following being St. James his day he and his Queen Anne were with great solemnity anâ—ynted and crowned in the Collâ—giate Church of Westminster by Archbishop Whitgift At which time the Earl of Oxford Lord Chamberlain to the Queens Highnesse put in a Claim to have the appointing of a Clerk in the Exchequer for the levying of AVRVM REGINAE out of the Red Book in the Exchequer and Pat. 20 R. 2. forecited p. 24 25. And about the same time Mr. William Cambden Clarencieux second Herald at Armes in a Manuscript Collection reserved in Sir John Cottons Library cap. 16. of the Priviledges of Quén wives inserted this of Aurum Reginae amongst others for which he cites the words of Gervasius Tilberiensis ex libro Rubâ—o in Scaccario l. 2. cap. 26. de Auro Reginae which concern Queen-gold that Ibld. f. 223. forecited Et quod hic fit mentio de Auro Reginae quod varii varia de exactione illa senserunt quibusdam dicentibus quod Aurum non debetur nisi quando quis finem fecit pro Relevio alii dixerunt quod de quocumque fine Centum Marc. supra Set licet Richardus Epâ—scopus refutat istud in libro suo tamen videtur Quod debeatur AVRVM REGINAE de quolibet fine 10. Marcarum et supra quod probari potest per Rotulum Anno 10 Regis Johannis in Berks ubi Abbas Rading finem fecit pro sexaginta marcis pertinent ad Hundredum suum Et eodem Rotulo Titulo AURUM REGINAE reddit Compotum de 20 marcas pro AVRO REGINAE de praedicto five 60 marcarum By reason of the extraordinary Plague of Pestilence in London that year and in most Cities and great Towns throughout England the year following Queen Annâ— for ought I find then laid no actual claim to this duty of Queen gold But in the year 1605. Mr. William Hakewill being her Sollicitor General a person well versed in the Records of the Eschequer and other Antiquities afterwards a Bencher and Reader of Lincolnes Inne my very good Friend and Acquaintance compiled and presented to Queen Anne A Treatise upon the Nature of AURUM REGINAE Conteining the Transcript of divers Records produced in proof of several points thereof To be viewed by his Most Excellent Majesty collected and disposed under certain divisions Which being an unprinted Manuscript I shall only present you with his own Preface thereunto and the Chapters thereof SInce the decease of King Henry the 8. unto the time that the Government of this Realm of England did rightfully and happily descend upon our Soveraign Lord King James being conjoyned in the blessed band of Marriage with that Right High and Excellent Princesse Queen Anne the Queens Majesty that now is our Gracious Queen It pleased God that for the space of almost Threescore Years together this Realm happened to be governed either by a King within Age by a Queen marryed unto a Forreign Prince or by a Maiden Queen and not by a marryed King in his own and proper Right as now it is So that it is no marvel that the peculiar rights and Dutyes wherewith the Common Law of this Realm hath endowed the Quéens Majesty that now is as Quéen of this Realm of England should through so long want of a person able to claim and enjoy the same be almost forgotten and being put in Vse seem strange and new Neverthelesse the Records and Remembrances of Ages past which are the surest and most impartial preservers of Rights have not only redeemed the same from the injury of Time which by that rare accident had almost brought them to utter oblivion but may give also full satisfaction to all Objections which can be made against the title right and justnesse of divers things hitherunto not claimed by her Majesty which neverthelesse do clearly belong to her and considering the great blessing which by her means we enjoy do especially deserve to be continued and with all tendernesse preserved Amongst which upon search lately made it doth appear that by the Common Law of the Land Her Majesty hath right to claim and enjoy a Revenue hitherto not demanded by her called AvRvM REGINAE or QUEEN-GOLD Of the Nature of which the Treatise ensuing is written Divided into these Chapters following 1. That there is a Revenue belonging to the Quéens of England called AURUM REGINAE or QUEEN-GOLD 2. Touching the name of AVRUM REGINAE 3. What AVRVM REGINAE is in general 4. The Ordinance of AVRVM REGINAE and the Authority thereof 5. Observations upon the Ordinance de AURO REGINAE 6. That Quéen Gold is due out of all voluntary Offers or Fines made with the King 7. What a Voluntary Offer in this Case was interpreted to be by the Ancient Quéens 8. How a Voluntary Fine is proved by an Ordinance in the Red Book in the Exchequer 9. The several kings of voluntary Fines upon which Queen gold hath been paid 10. The proportion of Queen-gold upon such voluntary Fines 11. That Queen-gold is to be paid to the Queen by the party making Fine oVer and above the Fine wholly paid to the King 12. That the Queen-gold unreceived by her in her life is due to the King after her decease 13. That processe for levying AURUM REGINAE ought to issue out of the Kings Exchequer 14. That the Queen is to have her special Officers in the same Court for the making of such processe and recovery of this to her 15. That the same processe be such as is usual in the Kings case 16. That the Kings processe is first to be served before the Queens 17. That although the Kings Majestie release part or all of his Fine or deferr his processe for the same yet shall not thereby the Queens debt be either released or deferred without her consent 18. Out of how small Fines Queen-gold is due 19. That Queen-gold is due by the Common Law of the Land Upon King James his perusal of this Treatise he referred the Examination and Consideration thereof to his Chief Justice Popham and Sir Edward Cooke as we are since informed by the 12. Part of his Reports published after his death London 1656. during our late Anarchy pag. 21 22. relating the issue and result thereof in these ensuing words Pasch 4. Jac. Regis Note by the Commandement of the King it was refâ—rred to Popham Chief Baron mis-printed for Chief Justice and my self What right the Queen which now is hath and in what cases to a right claimed by her called AURUM REGINAE that is to say Pro centum Marcis Argenti una Marca Auri solvend per illum qui sponte se obligat And upon consideration had of it by a long
time and view of all the Records and Presidents viz. Librâ—m Rubrum in Scaccario fol. 56. it should be 46. de Auro Reginae where it is said That it is to be taken De iis qui sponte se obligant Regi c. which is the foundation of this Claim and of a Record in the Tower 52 H. 3. and of a Record in the Exchequer Hill 12 Ed. 3. and in the Tower in the same year in Rot. Claus and of Acts of Parliament 15 E. 3. cap. 6 31. E. 3. cap. 13. and the 13 R. 2. in Turri and divers other Presidenâ—s and Processes out of the Exchequer in the times of R. 2. and H. 4. and other Kings until the time of H. 7. It was Resolved that the Quéen hath right to it but with these limitations 1. That it ought to be sponte by the Subject sine coactione so that this ought to be at the pleasure of the Subject whether he will give or no And for this all Fynes upon Judgement or by offâ—r or Fyne for alienation or in any other case where the Subject doth not do it sponte sine aliqua coactione viz. That the King of Right ought to have it there the Quéen shall have nothing 2. It ought to be sponte fine consideratione allcujus reventionis seu interesse that the King hath in esse in jure Coronae and for this upon sale or demise of his Lands or Wards or Goods of Felons Out lawes Et simili casu for these are Contracts and Bargains concerning the Revenues and Interests of the King and it cannot be said in such case that the Subjects sponte se obligant as to purchase or buying any the Revenues and Interests that the King hath 3. It ought to be sponte super considerationem et non ex mera gratia et benevolentia Subditi For that which is of mere Grace is not properly said of Obligation or Duty and the words of the Records are to have de iis qui sponte se obligant and so it was ordained by the King and his Counsil as appears by the Record of Hill 4. E. 1. in Scaccario 4. It ought to be sponte super considerationem quae non longe reventionem seu interesse Coronae in any thing which the King hath as if the subject give to the King sponte a summ of money for license in Mortmain or for to createâ— a tenure of himself or to have a fair Market Park Chace or warren within his Mannor there the Quéen shall have it For the Subject did this sponte and was not constrained unto it and this doth not concern any revenue or interest of the King but if the King hath a Fair or Market or Park or Warren and grant it for a summ of money there the Queen shall have nothing for this was a thing in esse and parcel of the revenue of the Crown And by that it appears that forasmuch as little or nothing is given in such case where this of right is due this is not now of any such value as was pretended And this Resolution was reported to our soveraign Lord the King by Popham in the Gallâ—ry at Whitehall If this Report of these two Referrees concerning Queen-gold be true and genuine and not vitiated or corrupted with some additional restrictions since superadded to it which I suspect yet it is most clear by both their resolutions That Queen Anne had then a RIGHT UNTO this duty of Queen-gold and that it is due of RIGHT from some sort of Fines and Oblations specified in the fourth resolution But by reason of those limitations put upon it by this Report he saith this is not now of any such value as was pretended And that the â—oundation of this her claim was the Red Book of the Exchequer and other Records then viewed and briefly quoted in the Report Whether they perused those or any other Records I know not but had they viewed all those here transcribed I am very confident they would never have reported to King James that the Queen shall have nothing or no Aurum Reginae by offer or â—ine for Aliâ—nations or for sale or demise of his Lands or Wards Goods of Felons or Outlaws and the like for these are contracts and bargains concerning the Revenue and Interest of the King and it cannot be said in such cases that the Subjects sponte se obligant Since most of the forecited Records expresly averr the contrary against which there can or ought at least to be no averment especially by such eminent Judges and Lawyers as those Referrees then were What further proceedings were used by the Queen or her Counsil for the recovery of this her unquestionable antient legal Duty of Queen-gold after this Report I cannot certainly determine neither the Queen nor her Counsil being satisfied with most of the limitations therein specified since diametrically repugnant to the Records they produced to justifie her Right thereto Sir Edward Cooke in his 4 Institutes p. 357. printed since his death cites the premised Patent of King Henry the 3. to Prince Edward his eldest son Pat. 52 H. 3. m. 26. whereby he granted him the Land of Ireland with all its appurtenances adeo liberè quietè sicut tam in manu nostra teneremus per quod charissina filia nostra Alianora Consors dicti fili nostri AURUM SUUM tam de finibus quam de sponte oblatis in terra Hâ—berniae habere debet sicut charissima Consors nostra Alianora Regina Angliae AURUM SUUM habet de eisdem in regno nostro Angliae Vobis mandamus c. From whence he observes That albeit the Wife of Prince Edward was not Queen of Ireland by name yet she had the effect of it therefore she should have a Duty called AURUM REGINAE as well as the Queen of England being but Laâ—y in Ireland For albeit the King of England was untill the Statute of 33 H. 8. c. 1. stilâ—d by the name of Lord of Ireland yet was he supremus absolute Dominus and had Royal Dominion and Authority and that his Consort was in rei veritate REGINA or else she could not have had AURUM REGINAE A clear confession and acknowledgement that the Queen-Consorts of England by their Prerogative as Queens had an anâ—ient right to Queen-gold not only in England but Ireland too before the Kings of England were 〈◊〉 Kings of Ireland much more then since 33 H. 8. which changed their Title of Lord into King of Ireland In the 11. year of K. Charles the 1. upon the Petition of Mary his Queen-Consort after a full hearing and debate of the Antiquity and Legality of this Royal Prerogative of AURUM REGINAE before the King and Queen by their learned Counsil at Law and the reading of several Presidents and Records produced by them relating thereunto the King was pleased to send this Writ to the Treasurer and Barons of his Exchequer for the levying