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-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 Counâ—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 Quâ—â—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
genus et formam Gold REGINA PECUNIA donat 2ly Because anciently many if not most voluntary Oblations Fines made to our Kings and particularly this duty of Queen-gold to our Queens were paid in Gold either in masse by weight or in coyn as the Fine and Pipe Rolls during the reigns of King John Henry the 2. 3. and Edward 1. abundantly testifie I shall instance only in some Fines to the King there being hundreds of the like nature since other Records in the 6th Section will evidence this duty to our Queens to be paid in gold whereupon it was called AURUM REGINAE In the Fine Roll of 36 H. 3. m. 1. in the Tower Adam de Sumery dat Regi dimid marc Auri pro habendo respectu de Milicia sua Solvit P. Chaceper Et quietus est Willielmus fil Odonelli dat Regi pondus duorum solidorum Auri pro habendo respectu de Milicia sua Walterus de Burys dat Regi sex Bizanc Besants a Gold Coin made at Bizantium of the value of a golden Noble then frequent and currant in England and other parts especially among the Jews and Saracens and often mentioned in our Records Histories pro eodem respectu Militiae habendo Thomas de Weseham Cirurgicus Regis dat Regi 12 Talenta viz. Auri pro quadam Carta habenda Richardus de Munfichet dat Regi decem Marc. Auri de quibus solvit duas Marc. in Garderoba Regis pro habenda Balliva sua Forestâ— quae capâ—a fuit in manum Regis Et de residuis octo Marc. Auri Rex concessit ei quod reddat ei 4. Marc. ad Pasch An. 36. Et 4. Marc. ad festnm S. Michaelis prox sequens There are hundreds of like presidents in this and other Fine Rolls Neither was this the usage only of England but of most other Countries to present Kings and pay them their Tributes Rents Customs Fines in Gold the King of all other Metals therefore most apt congruous for their Royal Majesty whose heads were usually adorned with Crowns their hands with SCEpters of pure Gold and their Queens arrayed in vestures of Gold as emblems of their Royalty Upon this ground Hyram King of Tyre and the Queen of Sheba presented King Solomon with sundry Talents of Gold who had likewise coming to him every year the weight of 666. Talents of Gold besides that he received of the Merchant men and all the Kings of Arabia and Governors of the Country in customes and rents whence Solomon stiles Gold The peculiar Treasure of Kings Upon this account King David and Isaiah prophecying of the Kingdome and Regality of Christ used these expressions The Kings of Tharshish and of the Isles shall bring presents the Kings of Sheba and Seba shall offer gifts c. and to him shall be given of the Gold of Sheba All they from Sheba shall come and shall bring Gold and Incense Literally fulfilled by the Wise men who came from the East by the conduct of a Starre to worship our Saviour Christ when born KING of the Jews who comming into the house where he was with his mother they fell down and worshipped Him not his Mother as the Romanists erroniously do yea as much or more than him and when they had opened their Treasures they offered unto him not her their gifts GOLD Frankincense and Myrrhe On which u St. Cyprian hath this memorable observation Primitiae gentium Sacramentalia munera proferunt de thesauro profitentes ex ratione munerum de eo quem adorabant quid credebant IN AVRO REGEM in thure Sacerdotem in myrrha incorruptibilem quamâ—is passibilem profitentur Moreover the sacred Story records that Sennacherib King of Assyria put Hezechiah King of Judah to a Fine or Tribute of 30. Talents of Gold to satisfie which he cut off the Gold from the doors and pillars of the Temple and gave it to the King of Assyria After which Pharaoh Necho King of Egypt put the land to a Tribute of 100 Talents of Silver and one Talent of Gold proportionable to Aurum Reginae which King Jehoiakim gave him exacting the silver and Gold afterwards from the people of the Land from every one according to his taxation and that by way of fine or composition for their rebellions against the King of Assyria and Pharaoh Necho In brief As the Kings of England by their Prerogative royal have all Mines of Gold in whose soil soever they are found annexed and appropriated to their Crownes whence they were stiled ROYAL MINES So this duty being a Golden Mine united to the Persons Crowns of the Queen wives of England and for the most part paid in Gold was stiled AVRVM REGINAE SECT III. The Antiquity Legality and Reasonableness of Aurum Reginae THE next thing to be inquired into and evidenced is the Antiquity Legality and Reasonableness of this Duty of Aurum Reginae which I shall but briefly touch because the ensuing Records Sect. 6. will at large demonstrate it It s Antiquity will best appear by the first Record and Discourse I have yet discovered concerning it viz. the learned Dialogue of Gervasius Tilberiensis Nephew to our K. Henry the 2. and an Officer under him in his Court of Exchequer of whom John Bale Bishop of Ossory renders us this character Gervasius Tilberiensis Henrici secundi Anglorum Regis Nepos vir non mediocriter eruditus literarum titulo bonarum insignis c. This Dialogue of his contains the foundation Constitution Jurisdiction Officers Proceedings of the Court of the Kings Exchequer in that and former Ages being reserved therein as a most Eminent Record and Directory for the proceedings thereof stiled by most The Red Book of the Exchequer wherein there is a particular Chapter and Discourse DE AURO REGINAE which I shall present you with in its proper place not as a Prerogative or Duty introduced established in that age but belonging to our Queen-Consorts time out of minde as ancient as any Debts or Duties belonging to our Kings and coaeval with them To which I shall only subjoyn the Writs of King Edward the 3d. directed to the Barons of his Exchequer on behalf of Queen Philip Term. Pasch An. regni sui 12. And to his Justices Treasurer and Chancellor of Ireland An. regni sui 34. for levying this Debt and Duty for her use in Ireland as well as England which recite That aliae Reginae praedictum aurum illud recipere consueverunt totis temporibus retroactis Ipsaque et omnes praedecessores suae Reginae Angliae habere et percipere consueverunt de tempore quo non extat memoria de AURO REGINAE unam MarcaÌ„ de singulis decem Marcis omnium finium Nobis in Curiis nostris tam in Anglia quam in Hibernia factarum This Duty hath been accordingly claimed enjoyed by all Queens since till the reign
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 solvendâ— 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 facienduÌ„ 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 utilitateÌ„ 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 uâ—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
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
sent to the Barons of the Exchequer to be firmly observed REX mand eisdem quandam Cedulam coram se et Consilio suo super AVRO REGINAE proviso oâ—dinatam praesentibus interclusam Mandantes eisdem quod 4 ea quae super hoc provisa sunt et ordinata de caetero firmiter servari faciant c. BAronibus c. salutem Mittimus vobis quandam Scedulam coram nobis Consilio nostro super Auro Reginae proviso ordinatam praesentibus interclusam Vobis madantes quod ea quae super hoc provisa sunt ordinata de caetero firmiter observari faciatis Teste c. apud Westm 9 die Julii Tenor illius Scedulae talis est De 4 donis quae spontanea voluntate donatoâ—uis ex gratia conferuntur et contingat quod aliquis de dono proprio finem faciat non habebit Regina Aurum Si vero Papa conferat Decimam vel constâ—ilem gratiam Domino Regi et faciant inde finem vel siquis finem pro hujusmodi Decima vel Quintadecima vel Vicesima alicujus Communitatis seu patriae seu pro donis aliorum quam pro sui ipsius ibi fiat sicut fieri debet An. 5 E. 1. The Officers of Eleanor Queen Consort to King Henry the 3d. and mother of King Edward exacting Queen-gold from the Barons of the Cinque Ports for their free courteous gift of the 20th part of their goods to King Henry his Father by processe issued out of the Court of Exchequer against the King and Counsils resolution the year before contrary to all equity and right the King thereupon issued this Mandate to the Barons to discharge them thereof QVia 4 aequitati dissonum fore reputat Rex quod Barones Duinque Poâ—tuum pro curialitate quam Domino Henrico Regi fecerant de micesima bonoâ—um suoâ—um eidem Patri gratis concedenda et praestanda distringantur ad AURUM REGINAE Angliae Matri Regis praestandum occasione micesimae praedictae Rex mandat eisdem Baronibus quod Barones quinque Poâ—tuum praedictos de pecunia quae ab iis erigitur per summonitionem Scaccarii pro AURO praedicto occasione praediatae Micesimae quietos esse faciant Teste c. REX Baroâ—bus suis de Scaccario suo Dublin salutem Allocate Magistro Thomae de Cheddeworth nuper Custodi nostro Archiepiscopatus Dubl in compoto suo ad Scaccarium praedictum triginta unam libras quas per praeceptum nostrum liberavit Willielmo de Walleye Auditori compoti ejusdem Archiepiâ—copatus et 5 AURI Consoztis nostrae c. Teste meipso apud Westm 6 die Julii anno r.n. 7. By which it appears that Queen-gold was then payd to the Queen in Ireland where she had an Officer to receive and account for it In the Roll of Vasconie Anno 8 E 1. I found this Record which hath some Analogie to Queen-gold in England that the wives of all the Lords of Agen for the time being had a certain Annual summe paid unto them over and above the Lords rent and fine out of all Bayliwicks of that land sold or let to farm which the King by this Writ commanded his Steward and Receiver of the Dutchy of Aquitain to pay to his Royal Consort Eleanor Queen of England and Dutchesse of Aquitain in as ample proportion as Jone Countesse of Poictiers and Tholouse in the time of her Husband whiles the lands were in his hands and afterwards the Queen of France enjoyed it when in the hands of the Kings of France that so she might not be in a worse condition than this Countess being a Queen and Dutchesse too REX Senescallo suo in Ducatu Aquitanniae vel Receptori suo in terra Agenensi salutem Cum er antiqua consuetudine Croâ—es Dominoâ—um Agen qui pro tempoâ—e fuerunt de singulis Ballibis illius Terrae benditis seu ad fir mam traditis ab illis qui easdem Ballibas emunt belad firmam recipiunt annis singulis certam habuerunt quantitatem pecuniae Nos nolentes quod karissima Consoâ—s nostra A. Dei gratia Regina Angliae Domina Hiberniae et Ducissa Aquitaniae deteriozis conditionis eristat quam fuerunt Crores Dominoâ—um Agenen tempoâ—ibus retroactis set potius st fieri possit meliozis Hobis mandamus quod diotae Cansoâ—ti nostrae bel ejus Mandato be singulis Ball bis a tempoâ—e quo dida Terra ad manum nostram debenit benditis bel ad firmam traditis seu benditis imposterum aut tradenois tantum quantum Johanna quondam Comitissa Pictaven et Tholesena tempoâ—e birisui et postmodum illustris Reginae Franciae tempoâ—e quo ipsa terra fuit in manu Domini Regis Franciae biri sui consueberunt percipere et babere faciatis annis singulis restitui Teste Rege apud Westm 5 die Julii REX Thes Baronibus suis de Scaccario saluteâ—â— Cum nuper sexto die Januarii anno regni nostri decimo concesserimus Bonefey de Crekelade Judaeo quod de illis viginti quinque libris tresdecim solidis sex denariis per quos 4 finem fecit nobiscum pro transgressione monetae solveret nobis per annum ad Scarcarium nostrum quadraginta solidos ad duos anni terminos donec praedicta pecunia nobis plenè solveretur Aetdem Judaeus in 5 prisona nostra detineatur pro AURO karissimae Consoâ—tis nostrae Alienorae Reginae Angliae per quod pecuniam illam solvere non potest ut accepimus Nos eidem Judaeo gratiam facere volentes uberiorem concessimus eidem Judaeo quod de praedictis viginti quinque libris tresdecim solidis sex denariis solvat nobis per annum ad Scaccarium nostrum viginti solidos unam videlicet medietatem ad Scaccarium nostrum Sancti Michaelis proximo futur aliam medietatem ad Scaccarium nostrum Paschae proximo sequens sic de anno in annum ad eosdem terminos viginti solidos donec pecunia praedicta nobis plenè solvatur Et ideo vobis mandamus quod eidem Judaeo terminos illos habere sic fieri irrotulari fac T. R. apud Westm 20 die Inn. QUia Rex concessit karissimae Consorti suae A. Reginae Angliae omnes exitus finium amerciamentorum catallorum fugitivorum dampnatorum alâ—orum quorumcunque de Hundredo de Gattre in manu ipsius Consortis Regis ex concessione Domini H. Regis existente provenientes de ultimo Itinere Justic in Com. Leyc Rex mand Baron quod exitus illos per extract Scaccar levari Iohanni de Berewyke 5 Custodi Auri ejusdem Reginae ad opus ejusdem Reginae liberari fac That the Queen Debts of AURUM REGINAE and other Debts belonging to her by antient and approved Custome were by her Prerogative to be received and levyed before all other Creditors Debts in the same manner and by like Processe as the
Regi solvend sicut continetur inter brevia execut pro Rege de hoc Termino in Northumbr Et ad praedictum Crastinum praedictus Vic. retornavit breve mandavit quod cepit in manum dicti Domini Regis de terris catallis praedictorum hominum et pleg suorum ad valenciam 40 s. de debito praedicto Et quia praefata Regina mortua est prout superius continetur et denar praedict ad 5 Regem et non ad alium de jure pertinent Ideo idem Vic. viz. Ricardus de Horsley oneretur bersus Regem de 40 s. praedictis praetextu retorn 〈◊〉 Pasch 48 E. 3. Bristoll PRaeceptum fuit Vic. Bristoll per Breve hujus Scaccarii dat 13 die Febr. hoc anno 48. quod de bonis et catallis johannis Ken Thomae Panes Junioris Nicholai Panes Thomae de Coventre de Bristoll Johannis Castleacre Johannis Bath de Bristoll Willielmi Iageroun 5 plegâ—i praedicti Johannis Ken et de terris et ten quae sua fuerunt Anno 27 Regis nunc et postea in Balliva sua fieri faceret 56s quos debent Philippae nuper Reginae Angliae defunct de AVRO SVO de 4 fine 40l pro diversis transgressionibus conspirationibus ertorsionibus dampnis er grabaminibus super ipsum praesentatis Ita quod denar illos haberet hic in Crastino Claus Paschae hoc Termino Regi solvend sicut continetur inter Brevia executa pro Rege de hoc termino Et ad praedictum Crastinum praedictus Vic. videlicet Johannes Viell return breve Et mandaverit quod cepit in manum Regis de terris catallis Thomae Coventre Johannis Castleacre Jehannis Bathe plegii praedicti Johaennis Kenn ad valentiam 56s praedictorum Et quia praesata Regina mortua est prout superius continetur et denar praedict ad Regem et non ad alium de jure pertinent Ideo idem Vic. videlicet Johannes Viell oneretur versus Regem de 56s praedictis praetextu returni sui praedicti London PRaeceptum fuit Vicecom London per breve hujus Scaccarii dat 18 die Novembris Anno 47 Regis nunc sicut plur quod de bonis catallis Antonii de la Vale de Ast de 5 terris et ten quae sua fuerunt An. 37 Regis nunc seu postea in quorumcunque manibus eadem terr et ten tunc extiterunt in balliba sua fieri facerent 20 l. quas praefatus Antonius debuit Philippae nuper Reginae Angliae defunctae de AVRO SVO de 4 fine 200l pro diversis Custumis Regi debitis de diversis Mercandisio per ipsum in Angl. adductis et abinde eductis subtractis et concelatis unde coram Domino Rege Consilio suo fuit convictus sicut continetur in Memorand de Anno 37. Regis nunc inter Fines de Termino Sanctae Trinitatis s qui quidem denar ad Regem occasione mortis praefatae nuper Reginae sunt devâ—â—â—ti ita quod denar illos haberent hic in Crastino Sancti Hillarii hoc Termino Regi solvend sicut continetur ligula Brevium de Termino Sancti Michaelis hoc Anno 48 in London Et ad praedictum Crastinum praedict Vic. non return Breve set praedictus Antonius inventus hic in Curia 27. die Januarii hoc termino quesitum est ab eo si quid dicere sciat quare de praedictis 20l. Regi satisfacere non debeat Dicit quod ipse non habet Munimenta Memoranda sua ostendenda ad praesens pro exoneratione sua inde petens diem citra quem informari poterit inde Ideo inhibitum est ei per Barones ne recedat a Curia quousque satisfecerit Regi de praedictis 20.l vel ostenderit siquid habeat pro exoneratione sua in hac parte Et nichilominus idem Antonius praestitit corporale Sacramentum quod ipse non transibit per spacium unius Leucae extra Villam quousque satisfecerit Regi de eisdem 20l. vel ostenderit sufficiens warrantum pro exoneratione sua inde In Magno Rotulo Scaccarii de Anno Quinquagesimo Regis Edwardi 3. in Item Eborum in Custod Clerici Pipae reman inter alia continetur ut sequitur Anno 50 E 3. Philippus Darcy frater haeres Johannis Darcy filii haeredis Johannis Darcy fil haer Johannis Darcy le Piere reddit Compotum de 42 marc 6s 8d in quibus cognovit se velle onerari versus Regem in exonerationem praedicti Johannis Darcy le Piere de quodam debito de 100 marc de AVRO REGINAE viz. de quodam 4 fine mille marcarum pro maritagio Jacobi le Botiller Comitis D'ormond habendo sicut continetur in Memorand de Anno 49 Regis hujus inter Record de Termino Hillar In Thesauro liberavit per dictum Philippum Et quietus est Thomas Preston Vic. 6s 8d de quodam debito 20s quos debuit Philippae nuper Reginae Angliae de AVRO SVO de 5 fine 10l pro maritag Feliciae filiae et unius haered Hug. de Mussinden habend sicut continetur de Anno 44 Regis hujus inter Record de Termino Paschae Thomas de Preston Vic. 40d de bon cat Thom. de Brauncestre Agnet ux ejus de AVRO REGINAE de 4 fine 10l pro maritag Feliciae filiae et unius haered Hugo de Mussynden habendo sicut continetur in Memorand de Anno 45. inter Record de Termino Sancti Mich. From these Records during the reign of King Edward the 3d. to which more might be added had I leisure to peruse all the Records in his reign extant in the Treasuries of the Exchequer at Westminster I shall observe 1. That the Queen Mother and Queen Consort in the reign of King Edward the 3d. by their Letters Patents constituted their own Clerks Attorneyes and Receivers in the Court of Exchequer to demand levy recover and receive their Queen-gold and other their Debts to their uses 2ly That Queen-gold was due unto the Queen Consort by Law and Custom out of all Oblations and Fines to the King in any of the Kings Courts in the Land of Ireland in the same and in as ample manner as it was in England yea leviable recoverable by the self-same Writs Processe in the Exchequer as the Kings own debts were and to be levyed before the debts due to any other Creditors 3ly That King Edward the 3. as our other Kings by his Writs and Mandates to his Treasurers Barons and other Officers took special care that his Queen Mother and Queen Consort might speedily and effectually recover their Aurum Reginae from all sorts of Oblations and Fines in all their Courts in England and Ireland out of which it ought to be paid because the defrauding the Queen of this Duty and Prerogative was not only a dishonor but a disinheriting to the King himself 4ly That
THis Book having been perused and approved by Sir Robert Atkins Sollicitor General to the QVEENS MAJESTY I think it fit to be Printed Orl. Bridgeman C. S. Aurum Reginae 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 QVEEN-CONSORTS of ENGLAND The several Oblations Fines out of which it Springs both in England and Ireland the Queens Officers in the Exchequer to Receive Collect Account to Her for it with their Patents the Lands Tenements Goods Chattels Persons liable to satisfie it the Questions in Law about it the Kings Title to the Arrears thereof by the QVEENS DECEASE the Process by which it is to be levyed and what else concerns it With an Addition of some Records concerning our ROYAL MINES of Gold and Silver and four Patents of K. Henry the 6. by Authority of Parliament for finding the Philosophers Stone to Transubstantiate baser Metals into solid real GOLD and SILVER to satisfie all the Creditors of the King and Kingdom in few years space By WILLIAM PRYNNE Esq a Bencher of Lincolns-Inne Keeper of his Majesties Records in the Tower of London Rom. 13. 7. Render therefore to all their Due Tribute to whom Tribute Custom to whom Custom belongeth LONDON Printed for the Author by Thomas Ratcliffe and are to be sold by Edward Thomas at the Adam and Eve in Little-Britain and Josias Robinson at Lincolns-Inne Gate Anno 1668. To the Most Illustrious Princess KATHERINE Queen Consort to his Sacred Majesty CHARLES the II. King of England Scotland France and Ireland IT being the principal Part of my solemn Oaths to the KING Your HUSBAND as his Subject and Servant That to my power I shall assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the IMPERIAL CROWN of this REALM I thereupon reputed it no sordid Court-flattery but a commendable bounden Duty to contribute my best assistance not only to vindicate and defend the Soveraign Ecclesiastical Iurisdiction of His MAJESTY and our British Roman Saxon Danish Norman English KINGS against all Usurpations Encroachments of Popes and Prelates in several Folio Volumes but likewise to endeavour to restore to Your ROYAL MAJESTY in this small Tractate one of the Antientest Royalest Richest Civil Prerogatives Duties and casual Revenues belonging time out of minde in England and Ireland by the Laws Custom thereof to the QUEEN-CONSORTS of ENGLAND commonly stiled AURUM REGINAE or QUEEN-GOLD which all Your Noble Predecessors have successively claimed if not enjoyed from the time of our most renowned Queen HELENA Wife to CONSTANTIUS and Mother to the famous Christian Emperor CONSTANTINE the Great born and proclaimed Emperor in this our Island the first Christian QUEEN EMPRESSE in the World canonized as a SAINT for her transcendent Piety Charity Munificence to propagate the true Christian Faith till this present age In which as some of the richest Veins of this Gold Mine have been quite cut off from the Crown by two late Acts of Parliament abolishing and taking away the Court of Wards Wardships Tenures in Capite and Writs to receive the Order of Knighthood with all Fines and Oblations arising from them out of which QUEEN-GOLD was constantly due paid in all former ages so the remaining Branches thereof are in great danger to be totally yea finally lost and buried in Oblivion not only to the grand dishonour prejudice of Your MAJESTY and all succeeding QUEEN-WIVES of this Realm but also to the Exheredation of the KING and his Successors from whom this Prerogative-Duty originally springs and to whom all the Arrears of QUEEN-GOLD accrue after Queens deceases if not speedily claimed revived recovered by Your MAJESTY for time to come though perchance necessary or convenient to be pretermitted and remitted for time past If these Collections of Records published in their original Dialects to evidence and vindicate Your MAJESTIES undoubted Right to this just legal Debt which I most humbly present to Your Royal Hands as a VOLUNTARY OBLATION and FREEWILL-OFFERING shall prove Instrumental to yield any Assistance towards the recovery of and re-adorning Your ROYAL CROWN with this GOLDEN GLOBE now severed from it or the enriching Your Wardrobe with this GOLD FLEECE or to the advancement of Your MAJESTIES Honour and Glory it will be a sufficient Recompence to Your Majesties most Humble devoted Servant WILLIAM PRYNNE To all Ingenious Readers especially Professors and Students of the Common Laws of England GENTLEMEN I Here present to your View and candid Acceptation a Compendious Tractate and Chronological Collection of such Records in the Tower of London and Exchequer Court at Westminster which concern the antient Royal Prerogative and Legaâ— Duty of QUEEN-GOLD belonging time out of minde to all our QUEEN-CONSORTS both in England and Ireland whereof there is rare or little mention in any printed Law-books except Sir Edward Cooks Posthumus Reports and Institutes wherein he hath over-much clipped this Gold Coine and mistaken or misapplied some Records that concern it as he hath done in sundry other particulars I have elsewhere discovered to the misleading of those of his Profession and other Readers who through ignorance laziness or over-much credulity vouch and cry up his misquoted mistaken or misapplied Records and Antiquities which he had little leisure to peruse himself as undoubted Verities and infallible Oracles All the Records here cited I have carefully perused and examined with my own eyes except only those few I have quoted out of Mr. William Hakewils Treatise W. B. and Mr. Attorney Herberts Collections of Queen-gold the Rolls and Numbers whereof are either mistaken in the years or the Writs Records themselves mislaid or lost being not to be found at present upon my search after them in the several Treasuries and Offices in the Exchequer wherein I was much assisted by Mr. Hall Mr. Burnet Mr. Fauconbridge and other Clerks and Officers of that Court who communicated their Notes of this Subject to me and will be both enabled encouraged by this Publication to a further Scrutiny after this Gold Ore as well in the neglected Files of Writs and Baggs of Accounts as Rolls in their respective Offices into every of which I had yet no leisure exactly to search My principal end next to the discharge of my sworn Duty to his MAJESTY and Service to his Royal Consort the QUEEN in compiling and publishing these as well as former Collections of Records was to discover and communicate some over-long concealed Branches of the antient Common Law of England and more particularly those relating to the Duty of Queen-gold to the Students and Professors thereof unknown to the majority of them being generally unacquainted with our best antientest Records wherein the most publick usefull Parts Arteries of the Laws of this Realm as the Summons Acts Proceedings Judgements Pleas Priviledges
of King Edward the 6. who dying before marriage and his Sisters Qu. Mary and Qu. Elizabeth succeeding him in the Throne there being no Queen-Consorts during their three reigns this Duty was suspended for above sixty years together But then claimed by Queen Anne the next Queen Consort and 4 to Jacobi upon a reference by the King to some Judges resolved to be her undoubted right and since claimed by Queen Mary as her due Prerogative The Reasonableness and Justice of it will best appear by the Original Grounds and Reasons thereof which I apprehend to be three First the extraordinary conjugal love affection honor which our Kings of England did usually bear and really expresse to their Royal Queen Consorts upon all occasions which induced them to confer this profitable as well as Honourable Prerogative of Queen-gold on them to be received as a Debt or casual Gold-revenue from all their Subjects to whom they extended or dispensed any Regal grace and favor that by this Royal perquisit they might furnish themselves with Rings Jewels Vessels Vestments and other Ornaments of Gold fit necessary for their Royal State and Majesty For as Vlpian the ancient famous Civil Lawyer informs us concerning the Roman Empresse Augusta licet legibus soluta non est Principes tamen illi eadem Privilegia tribuunt quae ipsi habent Quodcunque privilegii Fisco competit hoc idem et Caesaris AUGUSTA habere solet is true of our English Queens who in the antientest and later times of our Saxon Kings or before and ever since were not only crowned anointed and sat with the Kings in their seats of State but had divers Prerogatives allowed to them by our Kings Laws And anciently the Queen wife had a Revenue of QUEEN-GOLD or AVRVM REGINAE as the Records call it that is the tenth Part of so much as by the Name of Oblata came to the King as Mr. Selden truly observes 2ly The frequent Mediations and powerful Intercessions of Queen Consorts to our Kings in most grants of Honors Offices Licenses Franchises Priviledges Pardons c. to their Subjects out of which this Duty of Aurum Reginae accrued to them which being commonly procured or their fines moderated much abated by their Royal mediations the Subjects therupon for these their favors by way of gratitude and justice held themselves obliged to present them with so much Gold as amounted at least to one Tenth part over and above their intire moderate fines which they voluntarily proffered agreed to pay into our Kings Coffers And in case of their ungrateful neglect thereof they were by the Custome Justice and Law of the Realm enforced to pay it by legal Processe and Executions issued out against them The rather because in many Copyhold and other Manors of this Realm the Wives or Ladies of the Land-Lords did and still do both claim and receive from the Copyhold and other Tenants upon the renewing or changing of Leases or Estates a gratuity or summe of money proportionable to their fines over and above the intire fines paid unto their Husbands as Land-Lords upon the self-same reason of favor and mediation as our Queens claim their Queen-gold 3ly The due honor gratitude and munificence which all faithfull Subjects ought to exhibit to the Kings beloved Consort when they received any special Grace Grant Priviledge Benefit Office or Pardon from the King the King and Queen being but one flesh Person in Law in some respects excited engaged them both in duty gratitude honor to the King Queen and likewise out of self-interest to present the Queen with a piece of Gold proportionable to their fines and benefits received who by their chearfull gratefull payment of her Aurum Reginae obliged her to become their future Mediatrix and Advocate to the King upon all occasions for the enjoyment or continuance of their former indulged Grants Offices Liberties Pardons and for the procuring of new upon any emergent occasions that of the Poet Ovid in another Case holding true in this Auro conciliatur amor This Aurum Reginae arising only from Oblations or Fines that are voluntary not enforced being an ancient customary legal known duty time out of mind it can be no unreasonablenesse oppression injury or injustice in the present Queen Consort or her successors to claim demand and receive it no more then in their Predecessors it being a received Maxime in Law volenti non fit injuria and a precept of the Law and Gospel too Render to all their due especially to Kings Queens and the Higher powers SECT IV. For what Fines and Oblations to the King Aurum Reginae ought to be payd to the Queen and for what not FOR what sort of Fines and Oblations to our Kings this Aurum Reginae ought by Law and Custom to be paid to their Queen Consorts and for what not the ensuing Records Writs Accounts Sect. 6. will fully inform resolve us In brief Aurum Reginae is due and payable for all Fines and Oblations of ten Marks or upwards after the rate and proportion of one mark to the Queen for every ten Marks due or paid to the King for all licenses of Alienation of lands held in Capite of the King all licenses to appropriate Churches or alien Lands Rents Tenements in Mortmain For the Kings Widowes or Wards to marry to whom they please and for all Fines for Pardons of such Alienations or Marriages made without the Kings precedent license For all Fines to the King for grants of the body lands or marriages of his Wards for the Custody of Abbies Priories Monasteries or Bishopricks during their vacancies by those who sued and paid Fines for them For liberty or licenses to hunt the Hare Fox Cat Boar Wolf or Badger or to enclose or fell Woods or plough or assart Lands within the Kings Forests For Fines for respiting or not receiving the Order of Knighthood for not going marching with the Army of the King to his wars when bound by Tenure For Fines for all Charters Patents creating granting confirming Corporations Tenures Honors Dignities Offices Lands Markets Fairs Priviledges Liberties Chases Parks Free-warrens Wrecks Waifes Strayes Felons goods Free fishing or other Royalties Immunities Exemptions from Tallages Tolls Murage Pontage Services in Juries Assises or publike offices And for all Fines for new Patents to confirm alter or enlarge all or any of the premises For Fines for pardons or remissions of all sorts of Trespasses within Forests or elsewhere or for Breaches of the Peace Frauds Deceits Concealments Felonies Manslaughters For Fines for the restitution of Lands Liberties Offices Goods Chattels Merchandizes forfeited to or seised by the King For saving the lives of persons condemned to die For breaches of or dispensations with penal Lawes For Fines for indenizations of Aliens Or Protections Safe-conducts granted to them For Fines Ransoms of Jews for their offences as well as of Christians and for all other Fines of
like nature with those here enumerated mentioned in the Fine and Pipe Rolls and 6. Section On the other hand Aurum Reginae is not due or payable for any Subsidies Aides Quindisms Tonnage Poundage voluntarily granted to the King by the Lords Commons in Parliament or Disms by the Pope or Clergy for the Necessary defence of the Kingdom or Church of England or Holy Land or for Fines for respite or remission of their payment at the times limited as most conceive Nor for Fines imposed and ascertained by Judgement of the Court against the Offenders wills not left indefinite to the Kings pleasure and parties subsequent Composition or agreement Nor for voluntary Fines or Oblations of Palfries Hawks Tuns of Wine or the like to the King either alone or joyntly with any certain sum of money as of 10D marks or pounds in gold or silver and of one two three or more Palfries Hawks or Tunnes of Wine frequent in all ancient Fine and Pipe Rolls because these were not money nor apportionable and their rates values being uncertain variable our Law could set no certain rate or proportion on them nor any processe be legally issued to levy them SECT V. What Interest the Queen-Consorts have in their Queen-Gold By what officer it is to be received By what Processe to be levyed when unpaid and on what lands goods To whom the Arrears there of accrue after the Queens death THIS Duty of Aurum Reginae is so absolutely vested in the Queen that although the King himself should pardon or remit all or any part of his Fine to the party by which it became due to the Queen yet he could not pardon remit nor apportion this Duty to his Queen nor respite the Process to levy it without her own consent And if the King her Husband deceased this Debt survived to the Queen and was leviable in the reign of the succeeding Kings not withstanding by like processe as before This Duty or Revenue was received collected levyed by a special Officer or Clerk in the Court of Exchequer authorized and appointed by Patent from the King or Queen or both of them to receive collect levy and render an Account there of in that Court If this Duty was not voluntarily paid it being a Debt grounded on and warranted by matter of Record as the Fine Rolls in the Court of Chancery or Extracts Pipe-rolls in the Exchequer wherein the Oblations Fines out of which it arose are enrolled it was levied by Writs of Extent or Execution issued out of the Court of Exchequer to the Sheriffs in the self-same manner form as the Kings debts were next after the Kings own debts but not before them and that upon the Debtors lands or goods which he had at the time when it first grew due or upon his Sureties in case he had no lands nor goods to satisfie it If the Queen-Consort deceased all the Arrears of this Duty accrued and survived of right to the King her Husband if living and to his Successor if dead who levied them by processe out of the Exchequer as they did their other proper Debts SECT VI. A Chronological Collection of the Principal Records Patents Writs Accounts in the Tower of London and Court of Exchequer at Westminster concerning Aurum Reginae with brief Observations on them HAving rendred you this Summary Account of this Duty of Aurum Reginae and of the several materials circumstances that concern or relate unto it in general and special I shall in this last Section present to your view a Chronological Collection and Transcript of all the principal Records Patents Writs and Accounts extant in the Tower of London and Court of Exchequer at Westminster which have hitherto come to my view with some brief Observations on and from them Which will copiously evidence justifie ratifie the truth of what I have asserted concerning Aurum Reginae in the premised Sections and display what else may conduce to the full discovery or knowledge of this abstruse over-long-concealed discontinued Prerogative of the Queens of England to all those who desire information or satisfaction therein I shall begin with the ancientest and so descend in order of time to the last Records and Memorials of this Subject referring each of them by figures to the premised Sections so farr as they prove evidence confirm or illustrate the contents thereof The first and most memorable Record I have yet seen which both mentions and Treats of Aurum Reginae is a Dialogue or Treatise enrolled in the Red and Black Book of the Kings Exchequer at Westminster whereof there is a fair Transcript in Lincolns Inne Library given to it by our Famous Antiquary Mr. Will Lambard a Member of that Society An. 1572. intituled Gervasii Tilberiensis De Necessariis Scaccarii Observantiis Dialogus dedicated by him to K. Henry the 2. in the 23. year of his reign as himself relates in his Proeme Anno Domini 1177. in the second Part of which Dialogue cap. 26. 1 DE AURO REGINAE he renders us this exact Account concerning the Quiddity Quantity Quality Legality and manner of levying this duty in the Exchequer in that and former ages per Consuetudines et Iura Scaccarii as his Proeme informs us I shall present you with his intire Dialogue concerning this Duty Ad haec noverint hi 1 qui in pecunia numerata Regi 4 sponte obligantur quod REGINAE similiter tenentur licet expressum non fuerit Quamvis enim non sit expressum est tamen promisso compromissum Vt cum Regi Centum vel Ducentas Marcas promiserit REGINAE pariter teneatur pro Centum Marcis Argenti Regi promissis IN UNA MARCA AURI pro Ducentis IN DUABUS MARCIS AURI et stâ— deinceps In his autem perquirendis 5 eadent lege Vicecomes per omnia utetur qua in Regiis usus est non tamen ante sed post Cum ergo de Regiis debitis summonitiones fiant 5 adest Clericus Reginae ad hoc constitutus Et addit in summonitione de illo has Centum Marcas pro causa illa ET AD OPUS REGINAE UNAM MARCAM AVRI. Summonita autem ad Scaccarium ab eius Officialibus ad 〈◊〉 iâ—â—titutis seorsâ—m suscipiuntur Noveris etiam quod 5 llicet Rex de promissa sâ—bi summa mediam partem dimiserit vel universam vâ—l etiam summonere disâ—ulerit de his tamen quae ad REGINAM pertinent sâ—cundum quod sibi visum fuerit per omnia fiet ut ea nolente nec dimittantur nec differentur quae sibi debentur sed summonita solbantur et non solventes praedicto modo coerceantur Discipulus Nunquid de promissis Regi citra Centum Marcas aliquid REGINAE debetur Magister Quibusdam sic videtur ut 1 usque ad Decem Marcas teneatur ut scilicet is qui Regi decem Marcas promiserit IN UNA UNCIA AURI REGINAE TENEATUR Aliis non nisi de Centum
Oliver de Punchardin debet 2. m. de eod Aurum Reginae Rob. de Albeneio redd Comp. de 9 l. de eod In thesauro 7 l. 8 d. Et debet 20 s. 4 d. Willielm de Bello Campo redd Comp. de 54 m. de eod In thesaur 9 l. Et debet 24 l. di m. Duncanus de Lasceles 7 l. 4 s. de eod Walter de Trailli 45 m. pro eod In Magno Rotulo de Anno 17 Regis Johannis c. Aurum Reginae Willielmus de Belchamp 24 l. di m. de Auro Reginae Duncanus de Lascell 7 l. 4 s. pro eod Walterus de Trailli 45 m. pro eod Aurum Reginae Robertus de Curtenai deb 4 m. auri pro Fine de Sutton Josce de Plugenâ—i deb 1 m. auri pro terra matris suae Aurum Reginae Hawisa de Curtenai 7 m. di auri pro Honor. de Okemanton Will. Painell 2 m. Auri de Fine suo It is evident by all our Historians that Isabel daughter of the Earl of Engolisme married to King John in the first year of his reign after his divorse from Hawes the Earl of Glocesters daughter survived him which being premised I shall observe from these Records in King Johns reign 1. That this AVRVM REGINAE was claimed and received as a just legal Debt and Prerogative to the Queen in and from the first till the last year of King Johns reign by this special Name and Title 2ly That it was specially charged in the Great Rolls in the Pipe Office and levyed accounted for in the Kings Exchequer under this very Title of AVRVM REGINAE in the self-same manner by the same Process as the Kings own debts 〈◊〉 were levyed and accounted for 3ly That 〈◊〉 was due and paid out of all voluntary Fines and compositions made or pay◠〈◊〉 the King for the restitution of lands seised into his hands for reliefs wardships grants of Mariages Lands liberties and for voluntary Fines ransoms amerciaments for offences misdemeanors or pardons of them and that by Jewes as well as Christians 4ly That the proportion of this Duty was one Mark out of every Fine or Oblation of or above the sum of 10. Marks 5ly That King John no doubt by his Queens consent and agreement challenged and levyed AURUM REGINAE as a Debt Duty belonging to himself as well as to his Queen That he ordered it to be paid into and accounted for in the Court of Exchequer where he constituted a special Officer to keep the Rolls thereof and to demand levy receive and account for it from time to time 6ly That he somtimes gave several times for the payment thereof in the Exchequer by equal portions and that what could not be levyed thereof at one time by one Sheriff was afterwards levyed and accounted for by another 7ly That all the Lands as well as goods chattels of the persons from whom it grew due at the time of the Fine or Obiation first made were liable to be extended for it into whose hands soever they came by descent or grant without any suit at Law being a Debt due upon Record in the Fine and Pipe Rolls in the same manner that Debts to Jews were levyed by the King when devolved to him In the Fine Roll in the Tower Anno 17. Johan Regis m. 4 5. I find many considerable Fines and Oblations made to the King by several Persons Cities Corporations in Ireland out of which Aurum Reginae was then due and payd to the Queen in Ireland as well as in England as the Clause Roll of 33 E. 3. 〈◊〉 17. and other Records assure us though I find no Account thereof in the Pipe Rolls here From King John I descend to the reign of King Henry the 3d. his Son who being an infant scarce ten years of age when he was crowned King this Duty of Queen-gold was discontinued till his marriage of the Lady Eleanor second daughter of Raimund Earl of Province in the 20th year of his reign Anno gratia 1236. when it immediately revived and vested in her Majesty as these ensuing Records during his long turbulent reign will inform and resolve us The Red Book in the Kings Remembrancers Office in the Exchequer at Westminster records that at the Coronation of this his Queen Eleanor in the twentieth year of his reign at Westminster one John de Sanford put in his claim to be the Queens Chamberlain and that by virtue of his Office amongst other appendants thereunto belonging he ought to appoint one Clerk in the Exchequer to receive the QVEENS GOLD who ought to have 6 d. a day out of this duty for his Salary which was then deferred and disallowed afterwards as other Records assure us Which claim of his I finde thus certified out of the Red Book by the Barons of the Exchequer into the Court of Chancery and there exemplified at the request of Albred de Vere Earl of Oxford Chamberlain to King Richard the second and inserted into his Patent Anno 20 R. 2. REX omnibus ad quos c. Inspeximus c. Inspeximus etiam quandam Certificationem nobis in Cancellaria nostra per Thesaurarium Barones de Scaccario nostro de mandato nostro missam in haec verba Praetextu Brevis Regii huic Cedulae consuti scrutato Rubro Libro penes Scaccarium residente compertum est in eodem fol. viz. 232. quod Anno vicesimo Regis Henrici filii Johannis coronata fuit Regina Alienora filia Hugonis Comitis Provinciae apud Westm ubi continetur inter alia sic De praedictis Officiis nullus sibi jus vendicavit in domo Reginae excepto G. de Sanford quia veteri jure Praedecessorum suorum dixit se debere esse Camerarium Reginae Cameram Hostium ea die custodire quod ibi obtinuit habuit etiam tanquam jus suum totum lectum Reginae et Bastines et alia quae spetant ad Cameram Vendicavit etiam se debere unum Clericum in Scaccario ad exrigendum AVRVM REGINAE qui percipiet ut dicitur depraedicto AVRO qualibet die seâ— denarios pro liberatione set fuit dilatum Nos autem Transcripta Certificationem praedicta ad requisitionem dilecti Consanguinei nostri Albredi de Veer nunc Comitis Oxon. â—enore praesentium duximus Exemplificanda In cujus c. Teste Rege apud Westm quinto die Februarii Insteed of his Clerk REX 5 assignavit Laurentium de Castellis ad recipiendum et custodiendum AVRVM REGINAE ad magnum Scaccarium Regis ad respondendum inde per manum suam Et mandatum est Justiciariis ad custodiam Iudaeorum assignatis Quod AVRVM quod ipsam REGINAM continget ad Scaccarium Iudaeorum ei faciat liberari ad respondendum inde sicut praedictum est Teste Rege apud Mortelak 13 die Maii. REX Baronibus de Scaccario Mandamus vobis quatinus
her husband 3ly That the Queen by her own Patents or Writs both during the life and after the decease of the King usually constituted the Keepers and Receivers of her Queen-gold in the Exchequer whom the Barons were to counsell advise and assist upon all occasions for her advantage who were to cause processe to be issued to levy this and other her Debts and to render an annual Account of them in the Exchequer 4ly That if the Keeper of the Queen Mothers or Queen Consorts Gold or other Officers did injuriously sue or vex the Kings subjects for Queen gold where none was due by Law they were restrained prohibited and the parties discharged by the Kings and his Counsils special Orders and commands to the Barons of the Exchequer 5ly That no Queen-gold was due to the Queen for any publike Ayds Fifteenths or Tenths freely or voluntarily granted to the King out of meer grace and courtesie by the Lords or Commons in Parliament or Clergy in their Convocation or by any particular Corporations or Persons for the ayde and defence of the Holy Land or Realm nor for any Fines or Compositions for the same made by the granters and givers thereof 6ly That Queen-gold was due and payable for Fines to and voluntary compositions made with the King for Disms Quindisms and Twentieth parts granted to the King by the Pope or Parliament out of meer grace by such persons who were not parties to the grant or who made Compositions for them for Counties Corporations or other persons not for themselves alone 7ly That when new questions and doubts arose concerning this Duty of Queen-gold they were usually determined and setled for the future by the King and his Counsil and the Ordinances therein made by them were sent to the Barons of the Exchequer to be there enrolled observed executed 8ly That Queen-gold was due and payd to the Queen Consort in Ireland as well as in England where the Queen had a special Officer and Auditor to receive it 9ly That Queen-gold was due and levyed from Jewes both for their Fines Oblations Trespasses and compositions for Forfeitures as well as from Christians and that the King could not enlarge those Jewes who were imprisoned for Queen-gold without satisfaction made to the Queen or by her consent 10ly That Queen-gold was then due paid levyed for Oblations and â—â—es made to the King for trespasses in falsifying clipping or abusing his money and for all other sorts of Trespasses abuses concealments offences committed as well within or concerning the Kings Forests as without for adhaering to some Nobles against the King for licenses to appropriate Churches or to alien or give lands in mortmain to any pious religious or charitable use for pardons and saving the lives of persons convict or condemned For the restitution of lands or goods seised by or forfeited to the King for any offence breach of Covenants conditions or other lawfull causes for not going with the King beyond the Seas to his Wars when bound by tenure thereunto for respites or discharges from taking the Order of Knighthood when summoned to take it by the Kings Writs for licenses for alienation of lands held of the King in Capite to other persons for the Custody of the lands bodies and marriages of Wards for reliefs and for Charters to confirm Liberties formerly granted In the reign of King Edward the 2. these Records concerning Queen-gold are most observable the first whereof informs us what fee the Bailiff of a Liberty claimed by prescription for every distresse for Queen-gold from the parties distrained which was deemed an abuse for which his Liberty was seised IDem Vic. reddit compotum de Exitibus Libertatis quam Philippus le Lardin aliquando tenuit viz. capiend de unaquaque distr vend pro debito Regis et AVRO REGINAE in hoc Com. 32 d. qua libertate dictus Philippus abusus fuit sicut continetur in rotulo de rebus Regis recuperat in Itinere H. de Cressingham in Com. Eborum In the seventh year of King Edward the second Queen Isabel his Consort assigned John Drury to exact collect and receive her Queen-gold by this Patent ISabella Dei Gratiâ Regina Angliae Domina Hyberniae Ducissa Aquitaniae Universis ad quos praesentes Literae pervenerint salutem in Domino Sciatis quod 5 assignavimus dilectum Clericum nostrum Dominum Johannem Drury ad exigend colligend et recipiend nomine nostro quoscunque denar nobis debitos seu debendos ratione AVRI NOSTRI levand in Anglia quamdiu nobis placuerit Et ideo omnibus singulis quorum interest tenore praesentium fore duximus destinand quod eidem Johanni in praemissis praemissa contingentibus prout decet pareant intendant quousque aliud inde duxerimus ordinand In cujus testimonium has Literas nostras fieri fecimus Patentes Dat. apud Westm 11 die Octobris anno regni charissimi Domini nostri Regis Edwardi septimo In the 10th year of King Edward the 2. there happened this memorable case between Queen Margaret wife to King Edward the 1. and the Mayor Aldermen and Citizens of London about the duty of Aurum Reginae for a fine of 2000l alleged to be made to the King but denied by them in lieu of the twentieth part of all their goods upon a general Tax in Parliament of the 20th part of all mens goods given to K. Edward the 1. her deceased husband which she claimed to be due to her and other Queens by the Books Records and Memorials in the Exchequer which the King ordered to be levyed and payd without delay if it should appear to the Barons to be due by this Writ CUM nuper ex parte Majoris Aldermannorum Civium Civitatis London Regi suggerentium ipsos nuper concessisse Domino E. quondam Regi Angliae Patri Regis 2000 l. pro Vicestmis omnium bonorum ipsam Communitatem ratione Vicesimae eidem patri Regis pro Communitate Civium et Burgorum suorum Angliae tunc temporis concess contingen Ac Barones ad prosecutionem Margaretae Reginae Angliae dictos Majorem Aldermannos et Cives pro 200 l. quas eadem Reginae pro AVRO SVO in hac parte ac se asseruit pertinere reddend Ac cum iidem Major Aldermanni Cives finem per summam praedictorum 2000 l. pro Vicesima praedicta fecissent cum non fecerint per summonitionem dicti Scaccarii graviter distringi secerunt in ipsorum Majoris Aldermannorum et Civium dispendium non modicum et gravamen Rex mandavit Baronibus quod demanda quam eisdem Majori Aldermannis Civibus pro 200 l. praedict per summonitionem dicti Scaccarii fecerunt supersederi facerent quousque modo debito discussum fuisset si praedicta Regina in hujusmodi casu AURVM habere deberet necne Ac etiam ex parte dictae Reginae Regi dicto ostensum fuisset quod in Libris
Rotulis et Memorandis dicti Scaccarii Regis continetur et usitatum invenitur quod hii qui in pecunia numerata progenitoribus Regis spoute se obligant Reginis quae pro tempore fuerunt similiter tenebantur licet expressum non fuisset videlicet pro 100 Marcis in una mar AURI pro 200 m. in duobus Marcis AURI sic deinceps pro majori summa plus pro minori minus Rex volens quod negotium illud per Barones discutiatur et ulterius flat quod justum fuerit in hac parte Mandat Baronibus quod scrutatis Libris Rotulis et Memorandis praedictis si per inspectionem eorundem per discussionem coram eis super praemissis faciend eis constare poterit ita esse tunc praedictos Majorem Aldermannos Cives ad praedict 200 l. eidem Reginae pro AVRO SVO sine dilatione reddend compelli prout justum fuerit fac Teste Rege apud Westm. 22 die Octobris Anno regni nostri undecimo Nota quod hoc Termino vel antea praedicta Regina obiit whereupon I finde no entry of the Barons resolution given therein After this Queen Mothers decease the King by his Letters Patents under the Great Seal of England and by Privy Seals issued to the Treasurer and Barons of the Exchequer authorized Thomas Earl of Norfolk Marshal of England and Edmund of Woodstock his Brothers and other Executors of this Queen to receive and recover all Debts due to her and the arrears of Queen-gold which he granted to them to be levyed with all speed in the same manner as the Queen her self might have done and as his own debts were levyed EDward par la grace de Dieu c. au Tres e as Barones de nostre Eschequer Come entre autres choses que nous avoms grants al executors de Testament Margaret Reigne Dengleterre les deniers grantez que touts maners de Dets que estoient duez de la dit reigne de levant en la mesme manere come nos fesoms lever les nostres sicome plus pleinement est contenus en lettres de nostre grand Seal et nous entenduz que grand provis DEL OR e dettes ailloms sont uncors arrers Mandoms que mesme le OR et dettes facer lever a tote le haste que vbous unquez poyres pur le mieulx execution de dit Testament King Edward in the 18 year of his reign issued this Writ to his Barons for the due Collection of his Queen Isabels Queen-gold EDward par la Grace de Dieu c. As Tresorer Barons de nostre Eschequer salutz Nous vous mandoms que vous soeffrez Isabelle Royne Dengleterre nostre trescher Compaigne preindre et aver SON OR sauntz nui nusement et le facez lever a son oeps auxi come ad este acustumez ceo enarrire Et ceo ne lessez Don souz nostre prive Seal a Wint. le 9 jour D'octobre l'an de nostre regn 18. Et memorandum quod Breve liberatum fuit Camerar 11 die Octobris per praeceptum Thess Custodiend quod quidem Breve Robertus de Hoton Clericus dicti Thes recepit eodem die quo aliud breve de privato figillo directum fuit Thes Camerar de recipiendo AVRO praedicto ad opus Regis From these Records in the reign of King Edward the 2. I shall observe 1. That the Queen Consort her self by her Patents constituted a special Clerk in the Exchequer to demand collect and receive her Queen-gold as a Legal Debt Duty belonging to her 2ly That it was levyed by the same Processe as the Kings Debts were and that the distresses taken for it were sold by Sheriffs and Baylifs of Liberties who demanded the same fees for both 3ly That it was due and demanded for a voluntary composition or fine made by the Mayor Aldermen and Commonalty of London with the King for the Twentieth part of their goods granted in Parliament to the King though not for the Disms Quindisms and Twentieth part when paid in specie or compounded for by any person for himself alone 4ly That in doubtfull causes concerning this Duty of Queen-gold the Black or Red Books Records Memorials in the Exchequer were consulted and pursued to descide the same 5ly That the Queen-Mother after the King her husbands decease recovered the arrears of Queen-gold vested in her before his death in the reign of the succeeding King in the self-same manner and by the like processe in the Exchequer as she should have done in his life-time but not enjoy any Aurum Reginae for Fines or Oblations to the succeeding King 6ly That by the death of the Queen Mother the Arrears of Queen-gold due unto her meerly by her Royal Prerogative accrued to the King her Son not to her Executors unlesse specially granted to them by the King And that her Executors by the Kings special grant had the self-same process for the recovery thereof and all other Debts due unto her as the King or Queen her self enjoyed in her life-time 7ly That our Kings gave special charge to the Treasurers and Receivers of their Exchequer by their Writs and Mandates from time to time for the levying of this duty of Queen-gold to the use of the Queens to whom it was due without delay or impediment The Records concerning Aurum Reginae during the reign of King Edward the 3. come next in order to be presented to your view I shall begin with this Writ of Privy Seal by the King to the Treasurer and Barons of his Exchequer for the levying of all sorts of debts due to his Mother Queen 〈◊〉 wherein Queen-gold was included and particularly specified by name which John de Oxenden her Receiver General should shew to be due unto her by such processe out of that Court as should be most for her profit EDward par la grace de Dieu c. As Tresorier et Barons de nostre Eschequier saluz Come Isabell Reyne Dengleterre nostre treschier Dame et Miere vous eit mandez per ses 5 lettres que elle ad establi et assigne son Clerk Johan de Oxenden Recevour des issues de ses terres a faire lever totes les dettes que sont dues a nostre dite Dame et Miere auxibien des issues de ses dites terres come de SON OR et a faire retrere reconissances faites a nostre dite Dame et Mere a nostre dite Escheqier quele heur q'il verra q'il soit a faire a son profit Vous mandoms qe vous recevez le dit Johan a pursuire et parfourmir totes les choses suisdites solon◠le purpoet et la tenour des lettres nostre dite Miere avantdites Don souz nostre Prive seal a Wyncestre le 12. jour de Marz l'an de nostre regne quart What lands are liable to be extended for Queen-gold and from what time this ensuing Record An. 7
quod inde inbeneritis Nos sub sigillo Scaccarii praedicti distincte et aperte fine dilatione reddatis certioâ—es hoc bâ—ebe nobis remittentes Teste meipso apud Leic. secundo die Octobris Annoregni nostri decimo Per Consilium Quod quidem Breve remittitur Domino Regi in Cancellaria sua unà cum Certificatione inde facta in haec verba Scrutatis Rotulis et Memoâ—andis Scaccarii besiri super modo et foâ—ma lebationis AURI REGINAE secundum tenoâ—em mandati nostri Regis quod vobis remittimus praesentibus interclusum comperimus in quodam Libâ—o de eodem Scaccario inter quasdam Leges et Statuta ejusdem Scaccarii per quendam Magistrum ad petitionem sui Discipuli in script redact ibidem annotata verba subscripta Ad haec noverint hii qui in pecunia numeraetaâ— Regi sponte se obligant quod Regina similiter tenentur licet expressum non fuerit Quamvis vero non sit expressum est tamen promisso compromissum ut cum Regi scil Centum Marcas promiserit Reginae pariter teneatur pro C. Marcis promissis in 1. marc Auri pro Ducentis Marcis in 2. marc Auri et sic deinceâ—s In hiis autem perquirend eadem lege Vic. iper omniaâ— utetur qua in Regiis usus est nen tamen ante sed post Cum ergo de Regiis debitis summonitiones fuerint adest Clericus Reginae ad hoc constitutus addit in summonitioâ—e c. as here p. 8 9. usque careat impetrato Secundum quae quidem verba Reginae Angliae quae pro tempoâ—e suerunt AURUM SUUM petierunt et habuerunt tempoâ—ibus retroactis In the 3d Parliament An. 15 E. 3. the Lords and Commons granting to the King the ninth Lamb Fleece and Sheaf of the second year towards the maintenance of his wars specially enacted cap. 6. Item That the QUEENS GOLD shall not run in demand by reason of this grant to wit by reason of any Fine payd to or composition for a summe of money made with the King by any person County or Place for their ninth Lamb Fleece or Sheaf there being no Queen-gold due out of any of them in specie Which proves that if this clause had not been added Queen-gold had been due to and recoverable by the Queen out of voluntary fines and compositions in mony for those Ayds in kinde IOhannes Eston Clericus 5 Receptor AURI Philippae Reginae Angliae praesens hic in Curia 31 Januarii hoc termino cognovit se recepisse de Radulpho de Nevill 86 l. 13 s. 4 d. de AURO efusdem Reginae ipsam contingente de quodam 4 fine 1700 marc per ipsum Radulphum anno 17. in Cancellaria facto 4 pro custodia duarum partium terâ—arum et ten quae fuerunt Willielmi de Roos de Hamelake exceptis ducentis libratis redditus de firmis Civitatis Ebor. Lincoln se de eisdem 86 l. 13 s. 4 d. versus Dominam Reginam in exonerationem praedicti Radulphi Aurum debere In the Plea Rolls Anno 25 E. 3. in the Exchequer before the Barons I found this Inhibition and Writ concerning Queen-gold INhibitum est 26. die Januarii hoc Anno Thomae de Hoo Vic. Com. Surr. Sussex praesenti in Curia eodem die ne recedat à Curia quousque computaverit cum Philippa Regina Angliae de denar per ipsum lebat 5 de AURO et aliis debitis ipsius REGINAE tam per diversa Brevia hujus Scaccarii quam summon ejusdem satisfecitque ei de omni eo quod per Compotum illum deberi contigerit sub periculo quod c. Postea praedictus Thomas recessit à Curia licentia super hiis non optenta neque praefatae Reginae in praemissis computato seu satisfacto in contemptum Domini Regis c. Ideo praeceptum fuit Coron Com. praedict Sussex quod attach praedictum Thomam c. ita c. à die Paschae in 15 dies ad respondendum Regi de contemptu et ad computand et satisfaciend eaedem Reginae in praemissis Postea idem Thomas praesens in Curia primo die Octobris hoc anno pro contemptu praedicto committitur prisonae de â—lete ibidem moraturus quousque c. Et incontinenti Thomas de Clough Atturn praedictae Reginae cognovit coram Baronibus quod satisfactum est praefat Reginae in praemissis Et idem Thomas de Hoo fecit finem cum Rege pro contemptu praedicto pro 6 s. 8 d. cujus finis liberatur à prisona praedicta In the Parliament held in the 11th year of K. Edward the 3d. a Fifteenth and a Tenth were granted to the King after which the Burgesses and Inhabitants of Bristoll for as much thereof as belonged to them to pay procured from the King a further day of payment and thereupon entred into a Recognizance to the King in the summe of 220 l. for the payment of the same accordingly Hereupon the Queen by Action commenced against them in the Exchequer demanded of them 22 l. foâ— Queen-gold To this Action they pleaded That they ought not in this case to be charged with Queen-gold because this their Recognizance was not in nature of a Fine made with the King noâ— the money therein conteyned in lieu of a Fine To which the Queens Atturney replyed That this Recognizance was entred into to the end that the said Bailiffs and Inhabitants might not be taxed by the Collector of the Commons and that no Minister nor the Bailiff of the King might intermeddle within their Bayliwick with the Collection as also to obtain a longer day of payment All which did redound both to the honour and benefit of the said Burgesses in which case they ought by the Law of England to pay Queen Gold a so demanded Judgement Upon this doubtfull case as Mr. Hackwill informs me the Barons of the Exchequer for the guiding of their judgements herein caused the Ordinance of AURUM REGINAE in the Red Book to be enrolled before them in the Record of the said plea. By which it appearing to them that the Queen was in right to have her Gold de sponte Regi oblatis That it might likewise appear unto them how sponte oblatum was in this case to be understood they caused further search to be made in the Red Book for the Chapter De sponte offerentibus as much whereof as might concern their purpose they caused likewise to be transcribed into the said Plea depending before them which I have already presented to your view So as the best and surest way of desciding this Question then in hand in the Judgement of the Barons of the Exchequer in those dayes was to be guided by the said Ordinance de sponte offerentibus I cannot yet finde this Plea and Record nor any express resolution of the Barons in this case
executione inde ad opus Reginae faciend Memorand quod idem breve irrotulatur inter brevia directa Baron de Termino Paschae Anno 13 Regis Henrici quarti Rot. 13. in dors Ibid. Trin. Rot. 15. De F. R. allocat de quadam Summa AURI quod W. F. satisfecit c. From these Records of King Henry the 4th I shall observe 1. That Queen-gold was an ancient duty belonging to our Queen Consorts by the Lawes and Custom of England for the due levying whereof King Henry was very zealous out of his affection to his Queen 2. That it was due out of every fine amounting to the summe of 10. marks or more made to the King at and from the time that the fine was made and recorded and that the proportion of it was one Mark for every ten Marks and ten pound for every hundred pound Fine or Oblation 3ly That it was charged ascertained and levyed as a Debt upon Record by the Extracts of the Fines in the Chancery or before the Justices in Eyre and other Courts of the King certified into the Court of Exchequer 4ly That the Red Book Records and Accounts in the Exchequer were the best and surest Directions to shew for what Oblations and Fines it was due and how to be levyed 5ly That it was then due and levyed for Fines for licenses of alienation of Lands Tenements and Appropriations of Churches in mortmain for Wardships granted for mariages of Wards during their minority of the Kings Widows for Charters Liberties and Exemptions to Monasteries Cities and Corporations for Fines for breaches of the Peace concealments of goods forfeited to the King from Merchants for transporting Wools stealing Customs and other misdemeanors Fines for Writs and Inquisitions for exemptions from Fee-farms Subsidies Aydes Impositions levying and collecting Disms when granted by the Clergy or Laity for redemption restitution of Lands or goods forfeited to the King for Pardons of any offences for ransoms of Prisoners taken in the Wars and for a Fine for a Charter of the Isle of Man In the reign of King Henry the 5. I finde this Patent of Queen Jone constituting Geoffrey Paynell to be her Treasurer and Receiver General of all her Seigneuries rents monies profits issues emoluments whatsoever both in England Wales or elsewhere wherein Queen-gold was included though not particularly expressed as in the Patents of some other precedent and succeeding Queens IOhanne par la Grace de Dieu Royne Dengleterre de Fraunce Dame Dirlaunde A tous ceux qui cestes nouz lettres verront ou orront salut Sachez nouz 5 aboir fait ordene et constitut nostre chier et bon ame Escuper Geffray Paynell nostre Tresorer et Resceyvour Generale be touz noz deniers provenaunts sibien de touz noz Seigneuries terres tenemens rentz Feefarms customes apportz pensiouns annuities profres issuez emolumentz qe conques en Angleterre Gales et parailleurs come de tous autres proffitz a nous en aultre manere queconque duez assignez et on apres a estre assignez Renduit a nous due accompt de tout ce qil resceyvera en son dite office chescun an preignaunt rescevaunt annuelment pur le dit office tieux fees gages regardez sicome Sire Johan Tabbay nadgairs nostre Tresorer et Resceyvour General qui Dieu perdount pur mesme l'office affaire prist resceut qe y son accompt a luy sont allouez Mandaniz chargeantz a touz nos Fermers Bailiffs Officers Ministres Tenantz et Subgiz quiconqes prions a tous altres as queux affrert qe a nostre dit Iresorer et Resceivour General enfaisant le dit office ils soient apparantz entendantz respoignantz aidantz conseillantz obeiantz en due manere Avantz forme estable tout ce qe nostre dit Tresourer et Resceibour General pour nous in nostre noune pour nostre proffiâ— face ou serra en apres en l'office avantdit Et evoultre sachez nouz pour certaines causes nous moignauntz avoir ordene constitut le susdit Geffray nostre Garderober A avoire et occupyer mesme l'office si entirement et en meisme la manere come nostre treschier bon ame Escuyer Nichola Alderwyche lavoit a occupia rendaunt a nos due accompt annuelment de touz les deniers pur luy employez despenduz en l'office avauntdit preignant par an pour meisme l'office tiel regarde come per nous de l'advys de nostre conseil lui serra ordeine En tesmoignance de quelle chose nous avoms faite faire cestez noz letres Patentz adurer a nostre pleiser volente Don dessoubz nostre Grand Seal a nostre Manoir de Langley le 28 jour de Septemb. l'an du Regne de mon treshonour Seigneur filz le Roy Henr. le quint puis le Conquest tierce Mr. Hackewill in his Treatise of Queen-gold hath made a brief reference to 5 H. 5. Rot. 29. ex parte Rem Regis in Scac. to prove that the arrears of Queen-gold due to the Queen accrue to the present or succeeding King by her decease but I can yet find no such Record in that year upon search of the Rolls there of In the Reign of King Henry the 6. I only yet find these Writs of the King and Letters Patents of his Queen Consort Margaret constituting John Croke and William Essex Clerks of her Writs and Attornyes in the Exchequer to exact and demand her Queen-gold and other duties and to prosecute and defend her suits actions there and what else belonged to their offices HEnri par la grace de Dieu Roy c. As Barons de nostre Eschequier saluz Come nostre tresentierement bien ame 5 la Royne nostre Compaigne ait ordenne et constitute no bien amez Johan Croke et William Essex Clercs de ses briefs en nostre Eschequier a Westm et ses Attournees illoeques pour demander et exiger L'OK appelle L'OK de la ROYNE et autres choses faire exercer continnez es lettres de nostre dicte compaigne sur se factes soubz son Signet Dont le tenour censuist Marguerete par la grace de Dyeu Royne Dengleterre et de France Dame Dirlande a tous ceulx qui ycestes noz lettres verront on orront salutz Sachiez nous avoir ordenne constitute noz chiers serviteurs Johan Croke William Essex noz Clercs de nor briefs en L'eschequier nostre tresredoubte Souveraign Seignior le Roy à Westm et noz attornes illeoqes â—â—bien pour demander et exiger nostre OK appelle le OK de la ROYNE come a poursuir et defendre en tous plees et querelx pour nous et encontre nous moebes on desire moeves en meisme L'eschequer et auxi a faire tout ce que alesdit offices raisonnablement appertient A avoir et occupier les avant ditz offices
Junii hoc anno in propria persona sua dicit se solvisse Philippae Reginae Angliae ad receptam sâ—am 20 marc quas idem Johannes debet de quodam fine facto pro Transgress coram Johanne de Molyns sociis suis nuper Justic Regis ad diversa Transgressiones oppressiones dampna gravamina in Com. Sussex audiend terminand assignat anno 27 Regis nunc Et de solutione inde ostendit Curiae unam Talliam levatam ad receptam ipsius Reginae 12 die Aprilis anno 27. quam Johannes de Edyndon Attornat praefatae Reginae praesens in Curia praedict 20 die Junii cognovit esse veram legalem Et dictum Johannem de Herewardestoks denarios in eadem Tall. contentos ad receptam praedictus solbisse Cognovit etiam praedictus Johannes de Edyndon quod praedictus Johannes de Herewardestoks solvit praefatae Reginae ad receptam suam praediatam 11 marc de AURO SUO ad ipsam Reginam pertinent de fine praedicto over and above the entire Fine it self which she likewise received which is observable Anno 41 E. 3. In the Plea Rolls coram Baronibus de Quindena Sancti Michaelis Anno 41 Regis Edwardi tertii post Conquestum I finde many Actions brought by Queen Philip against her Bayliffs and Receivers of her Moneys and Inhibitions to Sheriffs not to depart the Court till they had satisfied her for all the Moneys they had levyed of her Debtors which related to her Queen-gold as well as other Debts as these Records do intimate PRaeceptum fuit Vic. Cant. Hunt sicut pluries quod caperet Richardum Glanvill administratorem occupatorem bonorum et catall quae fuerunt Johannis de Glanvill nuper Thes Receptor Vlton defuncti ubicunque c. Et eum salvo c. Ita quod haberet corpus ejus hîc ad plures dies praesen et tandem in Crastino Sancti Michaelis ad respondend Philippae Reginae Angliae de 76 l. 13 s. 4 d. aretro existentibus de quadam recognitione 200 marc quam idem Johannes fecit praedictae Reginae pro arreragiis Compotorum suorum de partibus Hiberniae nuper ad Scaccarium ipstus Reginae de tempore quo fuit Receptor denariorum ipstus Reginae ibidem Which I conceive to be her Queen-gold as well as other her monies and debts in Ireland Quindena Paschae An. 40 Regis Edwardi 3. INhibitum est 8 die Maii Thomae de Musgrave nuper Vic. Ebor. praesenti in Curia eadem die per Johannem Bret Attornatum suum ne recedat a Curia quousque satisfecerit Philippae Reginae Angliae de 74 s. 10 d. quas praedict Thomas nuper levavit particulariter de diversis debitoribus praefatae Reginae quorum nomina particulae denar plenius annotantur in quadam Cedula quae est inter Billas de hoc Termino sub periculo quod c. INhibitum est supradicto 8 die Maii Vic. Salop ne recedat à Curia quousque satisfecerit Philippae Reginae Angliae de 8 l. 3 s. 4 d. quas praedictus Johannes levavit singulariter dediversis debitoribus praefatae Reginae quorum nomina partic denariorum plenius annotantur in quadam Cedula quae est inter Billas de hoc Termino sub periculo quod c. Postea de assensu Ricardi de Ravens Receptoris denar praefatae Reginae datus est dies praefato Vic. hic in Crastino Sancti Michaelis ad solvend praefatae Reginae dictas 8 l. 3 s. 4 d. quam diem praedictus Vic. admisit Postea viz. 25 die Octob. hoc Anno praedicta Regina venit coram Baronibus per Johannem de Holt Attornatum fuum cognovit quod praedict Vic. solvit ei denarios praedictos Ideo praedictus Vic. de Inhibitione praedicta recedat quietus King Edward the 3d. in the 50 year of his reign pardoned all Debts by his General Pardon due unto him before the 40th year of his reign when his Queen Philip was living the Arrears of whose QVEEN-GOLD and other Debts due to her before this 40th year accruing to him by his Queens decease and to his Grandchild K. Richard the 2d after his decease who sued her Debtors for her AVRVM REGINAE and other Debts as not included within that Pardon the Commons thereupon in the Parliament of 5 R. 2. exhibited this Petition to the King to make a Declaration in that Parliament that those her Debts accruing to the King should be comprehended within that pardon Which the King thought unreasonable since they were levyed principally to satisfie her Creditors but if after Proclamation made it should appear all her Creditors were satisfied he would then extend his grace unto them in that case as the Parliament Roll thus informs us I Tem prient les Communes qe Declaracion soit faite en ce Pariement qe les dettes dues au Roi par la mort la Roigne qe darrein morust queur furent dues au dit Roigne debant l'an quarantisme le Roi E. laiell debient currer deinz la pardon fait l'an cynquantisme de mesme le Roi laiel par quel entre autres sont pardonez touz dettes duez au dit Roi debant l'an de son regne quarantisme nient contresteaut qe la dite Roigne mutrust apres la dit an quarantisme Resp Tl ne semble mye reson qe ff la dite Roigne fensse unqores endetteâ— as aucunes gentz du Roialme as queur pur defaute daboir nad mye peu estre satisfait qe debant qe ses dettes soient purpaiez riele pardon feusse fait mes le Roi voet qe proclamacion soit faite par entre cy et la seint Michel proschein venant qe si nully vorra pleindre de dette a lui due par mesme la Roigne viegnent mettent avant lour pleinte ce fait selonc ce qu le pleinte se serra au Roi il entende de modiffer sa grace en le cas King Henry the 6. coming to the Crown when he was scarce six months old soon after sate publikely in state in the High Court of Parliament among the Peers as King in his Mother Queen Katherines lap a strange sight never before seen in England yet he was not maried till the 23. year of his reign during which this duty of Queen-gold was in suspense till his marriage with Queen Margaret when it immediately revived and was presently claimed and received by her Receiver in the Exchequer as his premised Writ to his Treasurer and Barons and his Queens Patent to her Receiver of Queen-gold evidence Yet long before that upon the Petition and request of Queen Katherine his Mother his Councel issued this memorable Writ in his Name to the Treasurer and Barons of his Exchequer that her Officers should have and enjoy the same priviledges in that Court for the levying of all her rents revenues QVEEN-GOLD
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
of this Duty of Queen-gold for all Fines and things out of which it was due for his Queen-Consorts use as it had been accustomed in the times of her Predecessors Queens of England thus enrolled in the Kings Remembrancers Office in the Exchequer Anno 11 Caroli Regis 1. CAROLUS Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Thesaur Baron de Scaccario nostro salutem Cum praecharissima Consors nostra Henrietta Maria Regina Angliae nobis supplicaverit ut ipsa quod ad eam pertinet de AURO REGINAE habere et percipere possit sicut temporibus retroactis Reginae Angliae pro tempore existen habere et percipere consueberunt Nos volentes eidem Consorti nostrae in hac parte â—â—eri quod est justum Vobis mandamus quod praefatae Consorti nostrae AURUM praedictum er aliarum pecuniarum summis de quibus AURUM REGINAE rationabiliter debetur levari et illud praefatae Consorti nostrae sive 5 Custodi vel Receptori AURI SUI in hac parte assignand sine dilatione liberari faciatis prout Reginis Angliae temporibus progenitorum nostrorum Regum Angliae fieri consuevit Teste meipso apud Westm 19 die Junii anno regni nostri undecimo Per ipsum Regem After which as I have been informed the King upon certain considerations by way of composition gave the now Queen-Mother ten thousand pounds in gold in lieu of her Queen-gold By all these premised Records Writs Accounts Memorandums to omit all others of like nature which I conceive might be found in the several Treasuries Files of Writs Rolls and Baggs of Accounts in the Kings Court of Exchequer which I have not yet had time exactly to peruse by reason of my other publike employments the Quiddity Quantity Quality Antiquity Legality of this Duty of AURUM REGINAE the several Fines Oblations out of which it ariseth the Officers Processe by which it ought to be levyed collected received accounted for it s accruing to the King by the Queens death and all other necessary Circumstances concerning it with our present Queen Consorts undoubted Right Title thereto are so perspicuously and irrefragably evidenced to every Readers Judgement Conscience who shall seriously or cursorily peruse them that to waste more Time or Paper in the further demonstration thereof would be nothing else but to endeavour to adde light to the Noon-day Sun and Water to the Ocean I confesse this antient Royal Duty of Queen-gold which hath much Analogy with another old Prerogative of the Quéen Consorts of England that whereas the King by his Prerogative Royal ought to have all the Whales cast on shore or wrecked in all places within the Realm of England unlesse granted to Lords of Manors and others by special words and Charters from the Crown as A ROYAL FISH the King himself shall have the Head and BOdy to his benefit to make Oyle and other things but the QUEEN the Taylâ— to make Whale-bones for her Royal Vestments Dresses and other uses in her Wardrobe as our Records inform us like this Whale duty hath been totally suspended and discontinued from the death of King Henry the 8 till the first year of King James for want of a Queen Consort and not rigorously exacted by Queen Anne or Queen Henrietta Maria now Queen Mother for reasons best known to themselves though they made their publike Claims thereto and obtained Judgements and Writs for the levying thereof I likewise grant that some of the richâ—st Veins of this old Royal GOLD MINE have been totally cut off from it by two late Acts of Parliament the first enacting That none shall be compelled to receive or take upon them the Order or dignity of Knighthood nor shall suffer or undergo ANY FINE trouble or molestation whatsoever by reason or colour of his or their not receiving the said Order or dignity The later Taking away and abolishing the Court of Wards and Liveries with all Wardships Liveries Primer-seisins Ouster le mains Values and forfeitures of Marriages by reason of any Tenure of the Kings Majesty and all other Gifts Grants Charges incident or arising for or by reason of Wardships And all Tenures by Knight-service in Capite oâ— by Socage in Capite of the King Fines for alienations seisures and Pardons for Alienations out of which this Duty of Queen-gold did principally spring and accrue to our Queens But this is so farr from being any reason for our present or other Queens totally to quit their ancient indisputable rights to all other veins branches of this Gold Mine because these are lopped off or that the other should never be opened hereafter because they have been so long unwrought or neglected that they have the greater reason speedily and effectually to pursue their Claims Titles thereunto and extract all the remaining gold veins Ore belonging to them without delay lest they should be for ever lost not only to their own prejudice and dishonour but to the disinherison of the King himself his Crown and Dignity from whom it is originally derived and to whom all arrears thereof accrue by Law and Custome after the Queens decease It hath been the policy practise of our Kings in most former ages and this to issue out their Letters Patents and Commissions to sundry Persons and Officers to search after open digg work all Royal Mines of Gold and Silver belonging to them by their Prerogative and Lawes of this Realm throughout England Wales Ireland and other their Dominions to encrease the revenues of the Crown and current money of the Realm though I could never yet find upon view of Accounts that they received any considerable revenue or advantage thereby but only the support and continuance of their Prerogatives and Title to these Royal Mines Yea King Edward the 3d. in his Parliament held at Westminster in the twelfth year of his reign at the earnest Petition of the Commons with the advise and assent of his Prelates Earls Barons and others of his Counsil in that Paâ—liament for the common benefit of the Realm granted for him his heirs and successors free lâ—berty to all and every person of this Realm that they and every of them might dig for Mines of Gold Silver and 〈◊〉 Treasure within his or their own soyl by the view and oversight of such Clerks and Officers as he and his heirs should appoint and extract fine and coyn the same at his Exchange and Mint at their proper costs to augment the money of the Realm rendring to him his heirs and successors the full third part of all the pure Silver and the full moiety of all the Gold which should be so digged fined and coyned by them reserving the residue to themselves which he likewise ratified by his Letters Patents in the 15th year of his reign as this memorable Record not hitherto published will inform us now worthy publike Consideration to excite all ingenuous