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A56130 Aurum reginæ, or, A compendious tractate and chronological collection of records in the Tower and Court of Exchequer concerning queen-gold evidencing the quiddity, quantity, quality, antiquity, legality of this golden prerogative, duty, and revenue of the queen-consorts of England ... / by William Prynne, Esq. ... Prynne, William, 1600-1669. 1668 (1668) Wing P3898; ESTC R4976 161,571 146

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Jurisdictions of our English and Irish Parliaments and all other Courts and Grand Officers whatsoever Civil Ecclesiastical Naval or Military the Soveraign Rights Titles of our Kings to the Crowns and all Crown-Lands of England Scotland Ireland Wales France Normandy Aquitain Gascoign Britany the Isles of Oleron Jersy Gernsy Alderny Serke Man Anglesey Scilley Lundy and to the British Ocean the several Prerogatives Royalties of our Kings Queens Princes of Wales and Coun●y Palatines the Militia and Defence of our Realms by Land or Sea the Successions Endowments Revenues Priviledges Salaries of our Archbishops Bishops Abbots Priors Judges Officers of all sorts the Charters Foundations Confirmations Franchises of all kinds of Corporations the Appropriations of Churches the Creations Pedigrees Tenures Lands Services Fairs Markets Parks Chaces Warrens Royalties Customs Revenues of most of the English Irish Scotish Nobility and Gentry the Bounds Perambulations Assarts Deafforrestations of all Forests Chaces the Mints Stanneries Mines Coine Trade Exchanges Merchandize Government of England Scotland Ireland and Isles belonging to them the Treaties Leagues with Foreign Kings States sundry rare excellent Writs Prohibitions Proclamations Inquisitions Commissions Charters Letters of our Kings to Foreign Emperors Kings States Popes Cardinals and their Letters Bulls to them concerning State and Church affairs Cases Appeals and matters of Common Martial Marine Law Law of Merchants concerning Reprisals Depredations Arms Heraldry and whatever else may conduce to make heroick studious spirits accomplished Lawyers Heralds Historians Statesmen are comprised and rolled up in obscurity in our over-much neglected Records upon which account our Kings have had special care to preserve them as sacred and their best richest Treasures in the Tower of London and other places of greatest security If these Collections shall excite any Gentlemen of my Profession or others to a more industrious search study of Records or contribute any addition to the Dignity Splendor amplitude of our Common Laws the grand Supporters Preservers of the Crowns Scepters Royalties of our Kings and Queens as well as of the Subjects Liberties Properties Lives I shall repute my pains and cost sufficiently recompenced and be thereby encouraged through Gods assistance to voluminous publications of Records of another more general usefull subject wherein I am engaged for the Honour of our English Kings Kingdom Church Nation Laws against all Foreign and Domestick Usurpations on or Underminers of them From my Study in Lincolns-Inne March 25. 1668. William Prynne A Compendious TRACTATE CONCERNING AVRVM REGINAE The PROEME OBserving in my perusal of ancient Records in the Tower of London and Kings Court of Exchequer at Westminster many remarkable Patents Writs Cases Passages Resolutions and some Accounts concerning the most ancient eminent benefical Royal Prerogative of the QUEEN CONSORTS OF ENGLAND stiled AVRVM REGINAE or QUEEN-GOLD conferred on their Majesties by the Lawes of England as an Honorary contingent Revenue inseparably annexed to their Persons by virtue of their Marriage to our Kings intituling them to this and sundry other Regalities Prerogatives frequently mentioned in our Records and Law-Books Yet finding no Mention nor Discourse concerning AVRVM REGINAE in Sir Henry Spelmans Glossary or any printed Volume of the Common Law except only in Sir Edward Cooks posthumus Twelf Part of his Reports published in a time of Anarchy wherein he cuts off several rich Veins of this Gold Mine contracting it into such diminutive narrow limits not warranted by the Records there briefly quoted as render it inconsiderable unworthy the Title of a Royal Prerogative or the claim receit of any future Qu●●n Consorts notwithstanding their undoubted Right Title to this Golden Duty which he doth ingenuously acknowledge Upon this account I apprehended I could not perform a more acceptable loyal Service to the KINGS and QUEENS of ENGLAND or communicate a more desirable Piece of Antiquity Law to the Students or Professors of the Common Law then to present unto their View this Summary Chronological Collection of those rare Records I have met with which most perspicuously evidence the Quiddity Quality Quantity Antiquity Legality of this ROYAL DUTY of QUEEN-GOLD the Fines or Mines out of which it springs the Officers and Processe in the Kings Exchequer by which it was anciently received levied accounted for to the Queen Consort whiles living and to the King himself after her decease with other particulars that concern it necessary for the Exact Discovery knowledge recovery of this long discontinued concealed Treasure and reducing this old GOLDEN FLEECE into our new Queens Wardrobes and Cabinets In order whereunto I have here briefly digested all I yet know that concerns this Subject into these 6. ensuing Sections SECTION I. What AURUM REGINAE is as to its Quiddity Quality Quantity or Proportion THE first thing I shall present you with is a Brief Definition of Aurum Reginae as to its Quiddity Quality Quantity or Proportion Aurum Reginae is a Royal Debt Duty or Revenue belonging and accruing to every Queen Consort during her marriage to the King of England both by Law Custom and Prescription time out of minde due by every Person of what quality or calling soever within the Realms of England or Ireland who hath made a voluntary Oblation Obligation or Fine to the King amounting to Ten Marks or upwards for any Priviledges Franchises Dispensations Licenses Pardons Grants or other Matters of royal Grace or Favor conferred on him by the King arising from and answerable to the quantity of such his Oblation or Fine to wit one full tenth part over and above the intire Fine or Oblation to the King as one Mark for every ten Marks and ten pounds for every hundred pound fine and so proportionably for every other sum exceeding ten Marks Or one Mark of gold to the Queen for every 100. Mark fine in silver to the King being both one in value and proportion Which Summe becomes a real Debt and Duty to the Quéen by the Name of Aurum Reginae by and upon the parties bare agreement with the King for his fine without any promise to or contract with the King or Queen for this tenth part exceeding it which becomes a Debt on Record to the Queen by the very recording of the Fine This Definition or Description of Aurum Reginae the following Records in the 6. Section will both explain and confirm in all its branches to which for brevity I referr you SECT II. Why it was originally and till this day stiled Aurum Reginae THE true reasons as I apprehend why it was originally stiled Aurum Reginae were two First because Gold being the Queen best chiefest purest richest fairest durablest most desirable of all other Metals as Philosophers and Divines assert though paid with a greater proportion of Silver to our Queens or Kings gave the name or denomination of Gold to the intire summe according to the received Maxim Denominatio sequitur meliorem partem to which that of Horace may be applied Et
et supra ab initio promissis De his igitur ad praesens cum modestia quia re nondum terminata suspensa resolutio est Litigat sane de his pars REGINAE cum debitoribus et adhuc sub Iudice lis est De misericordia 4 Iudaeorum et de redemptione Monetariorum for falsifying clipping and abusing the Kings coin sicut desponte oblatis dictum est sua portio secundum formam praedictam REGINAE debetur Discip Nunquid in pecuniariis sponte oblatis Clerici Laici sine differentia coerceantur Magister In sponte oblatis apud omnes Lex una servatur ut sive Clericus sit sive Laicus qui non solvend● fuerit donec satisfecerit careat impetrato Observatur etiam idem in omnibus aliis quae quovis pacto Regi debentur c. To which I shall subjoyn this passage in his Dialog 2. c. 23. Quid de sponte offerentibus faciendū cum ipsi non solvunt The Queens Gold arising out of such Oblations Noveris igitur quod oblatorum Regi quaedam in rem quaedam in spem offerentur In rem quidem offerri dicimus cum oblatum à Rege suscipitur offerens consequenter pro quo obtulit à Rege suscipit Vt si quis pro libertate aliqua profundo vel pro firma vel pro custodia cujusque qui minor est aetatis usque ad annos legitimos habenda vel pro quovis alio quod ad suam utilitatē vel honorem accedere videatur sponte Regi Centum libras vel Centum Marcas offerat et assentiente Regi statim post oblatum suscipiat optatum De his qui spontè se obligant qui conventionem cum Principe factam possidere jam ceperint lex nostra decernat ut quamdiu solvendo fuerint indultis sibi beneficiis gaudeant utantur Quod si de Regis debito summoniti solvere desierint statim careant impetratis ut si manente Scaccario super eadem satisfecerint oblata omnia sine molestia restituantur In spem verò dicantur offerri cum quis exhibendae sibi justitiae causa super fundo vel redditu aliquo Regi summam aliquam offert non tamen ut fiat ne in nos excandescas venalia penes eum Justiciam dicas immò ut sine dilatione fiat c. From this Record and Discourse concerning Queen gold stiled in subsequent Records in the Exchequer An Ordinance and Statute to which the Barons and Queens Officers had recourse in succeeding times in Cases concerning Aurum Reginae I shall observe 1. That Aurum Reginae was a Debt Duty Revenue belonging to the Queen-Consorts of England by the Law Custom of England time out of mind long before the reign of King Henry the 2. the beginning whereof is altogether u●known But if I conjecture aright it had its original not from the Earls Dukes of Normandy who were no Kings nor their Wives Queens and so could neither create nor denominate this Royal prerogative of Aurum Reginae but from the Roman Emperors whose Wives had the Titles of AUGUSTA DIVA AUGUSTA as the Emperors had of AUGUSTUS DIVUS AUGUSTUS and the SAME PRIVILEDGES with the EMPEROR And that our famous Queen Helena daughter to King Coell wife to the Emperor Constantius who kept his Imperial Court and died at Yorke where he begate the most renowned Christian Emperor Constantine the Great on the body of this first Christian Queen and Empresse in the world canonized afterwards for a Saint for her piety bounty to the Church and finding out the Holy Crosse whereon Christ was crucified was the first who enjoyed this Royal Duty whereof she was most worthy and being stiled REGINA as well as AUGUSTA might well derive the Name of AURUM REGINAE thereunto This munificent Queen as she built the walls of London and Colchester as our Henry Huntindon stories so Nicephorus Callistus Petrus Ribadeniera Capgrave and others relate that she built three Magnificent Temples in the Holy Land the first near Mount Calvary in the place where she found the Crosse whereon our Saviour Christ was crucified the second at Bethlehem where he was born the third upon Mount Olivet in the place from whence he ascended into heaven besides 27 Churches and Oratories more in other places which she endowed with rich gifts giving likewise large Alms to poor people So large was her revenue whereunto it is probable this Duty of Aurum Reginae made some addition To which Nicephorus subjoyns Quam ob causam condigna etiam à Deo accepit praemia Etenim in praesenti hac vita ea est consequuta ut praestantius quidquam nemo ei accidere potuisse putaret Nam AUGUSTA renunciata est ET NUMMOS AUREOS SUB EFFIGIE SUA PROCUDIT a badge or emblem of Aurum Reginae Imperialibusque Thesauris in potestate sua redactis pro arbitrio suo est usa as our Queens use their Aurum Reginae which if I mistake not had its Original in and from this our glorious Queen and Empresse as both the Roman Emperors and also our Kings of England derived their GOLDEN CROWNS from the Emperor Constantine her Son as Mr. John Selden proves at large in his Titles of Honor. 2ly That Aurum Reginae is due to the Queen out of all sums of Mony or Fines voluntarily offered and assented to by the King for any Liberty lands farm Custody Wardship or other thing redounding to the parties profit or honor and for fines for speedy Justice amounting to or exceeding the sum of 10. Marks which though then a point unresolved disputed between the Queens Officers and those who were to pay this Duty who pretended it not due unlesse it were a Fine of 100 Marks or more yet it was soon after and ever since frequently resolved to the contrary as the subsequent Records will inform us 3ly That the proportion of Aurum Reginae is one Mark of Gold out of every hundred Marks of Silver due to the King that is one full tenth part over and above the intire Oblation or Fine to the King to wit one Mark for ten Marks and ten pounds for every hundred pounds without any deduction from or diminution of the Kings Oblation or Fine from which it is distinct and so proportionably for any other sum above 10 Marks 4ly That at the same instant when any party makes a voluntary Oblation or Fine to the King he becomes an actual Debtor for this Aurum Reginae to the Queen by the Law and Custom of the Realm though it be not expresly promised nor agreed 5ly That the Queen is to have her special Clerk or Officer in the Exchequer to receive and recover this Duty for her use 6ly That the Processe for the recovery thereof if not voluntarily paid ought to issue out of the Kings Exchequer in the same course and manner as Processe doe