Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	hold_v	king_n	licence_n	1,380	5	10.3971	5	false

Text snippets containing the quad

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

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

praefatae Reginae centum solidorum Et hoc offert c. Et praedictus Robertus Radclyff per praedictum Attornatum suum praesens c. petit auditum Billae praedictae et ei legitur c. Qua audita per praedictum Attornatum nichil dicit in barram et exclusionem dict Actionis praefatae Reginae Et super hoc eadem Regina ex quo supradict nuper Vic. nichil dicit in barram et exclusionem dictus Attornatus praedict Reginae petit judicium suum in praemissis et debitum suum praedictum una cum dampnis suis praedictis sibi in hac parte adjudicari c. Super quo visis praemissis per Barones praedictos habitaque inde deliberatione pleniori inter eosdem consideratum est per eosdem Barones quod praedicta Regina recuperet versus praefat nuper Vic. debitum suum praedict quatuor librarum et decem et nobem solidorum praedict et dampna sua praedicta tam occasione injustae detentionis debiti illius quam pro misis custagiis et expensis suis circa sectam suam praedictam in hac parte appositarum taxata per eosdem Barones ad tresdecem solidos et quatuor denarios Quae quidem summae in toto se attingunt ad summam quinque librarum duodecim solidorum et quatuor denariorum quod praedictus nuper Vic. sit in misericordia Domini Regis c. From this Record and the precedent Writs of King Edward the fourth I shall observe 1. That Queen-gold was payd for every Fine and Oblation amounting to 10 Marks and upwards after the rate and proportion of one mark to the Queen for every 10 marks due or payd to the King and that all the Goods and Chattels of the parties who made the Fines in their own hands or in their Executors or Administrators and all their Lands and Tenements at the time of the Fine or after into whose hands soever they came were liable and extended to satisfie this Duty to the Queen 2ly That the goods chattels lands and tenements of the pledges for the Fine were liable to and extended for Queen-gold as well as the parties who made the Fine and that it was levyed by special Writs directed to Sheriffs who were to levy and be accountable to the Queen for the monies levyed by them for this duty and obliged to satisfie them before they departed out of Court in the selfsame manner as they were to levy account for satisfie the Kings own debts and were liable to actions and dammages to the Queen if they detained her Gold when levyed 3ly That Aurum Reginae was due to the Queen for Fines for licenses to alien Lands held of the King in Capite to other persons for licenses to alien Lands in mortmain to Chantries Gilds Fraternities and other Corporations Civil or Ecclesiastical for appropriations of Churches or Chappels for Fines for alienating Lands in Capite or mortmain without license for the Custody of the bodies lands and mariages of Wards for fines for grants and confirmations of antient Kings Charters of Lands or Liberties granted to Monasteries Bishops Deans Chapters other Corporations and to particular persons for Fines for indenizations of Aliens Custodies of the Temporalties of Abbyes and Bishopricks during their vacancies for marying the Kings Wards or Widdowes without his precedent license For fines for not receiving the Order of Knighthood upon Writs of Summons for Fines or Compositions for all sorts of Trespasses of Jurymen attainted for false Verdicts and Breaches of the Peace For Fines for Original Writs as of Assise and Novel Disseisin Writs of Concord or Covenant to levy Fines or suffer Common Recoveries of Manors Lands Tenements conveyed to others in which last sort of Writs it is observable that where several Writs of Concord and Covenant were sued forth for divers Mannors Lands or Tenements lying in several Parishes or Counties whereof one Fine or Recovery only was to be levyed or suffered though the Fine for every of these Writs severally considered amounted not to ten marks yet if they all conjoyned did arise to the sum of ten marks or upwards Aurum Reginae was paid for them all conjunctively either because they amounted but to one Concord or because one Fine only was imposed on them all in the Fine Office wherein they differ from the Fines of all other Writs 4ly That the extracts of Fines for Trespasses Offences Misdemeanors of all sorts Writs of Assise Concord and Covenant transmitted by the Kings Justices out of his other Courts into the Exchequer and Fines in the Court of Exchequer being Records were a sufficient charge and warrant to the Queens Clerks Officers and Barons of the Exchequer to issue forth Writs of Fieri facias and Extents to Sheriffs to levy the Queens gold arising out of them according to the proportion of one mark for every ten marks due to the King and did bind the goods chattels lands and tenements of the parties and their Sureties towards the payment thereof from the time the Fines were first made and recorded Before I proceed to the reigns of our succeeding Kings I thought fit to present you with some Antiquities and Records concerning this Duty of Aurum Reginae in the reigns of Henry the 2. Edward the 1 3. Richard 2. and Henry the 6. according to their Antiquities omitted in their proper Chronological series in the premised printed sheets because lately discovered upon my further search of Records and Antiquities at Westminster since the first sheets were committed to the Presse Jocelinus de Brakelande a Monk of the Abbey of St. Edmunds Bury in Suffolke flourishing in the reign of King John qui res gestas sui Coenobii libro accuratè Scripto perstrinxerit as Johannes Balaeus records in his life in his Chronicon Coenobii Sancti Edmundi Buriensis the Manuscript whereof I perused in Sir John Cottons Library hath this memorable passage concerning a Golden Cup of the value of 100 marks given to Queen Alianor wife of King Henry the 2. by the Abbot in lieu of her Queen-gold due by the Custome of the Realm for a fine of 1000 marks given to King Henry for the Manor of Mindenhale which she restored to the Monastery and afterwards redeemed for 100 marks when pawned by the Monastery towards the redemption of King Richard the 1. and bestowed it on them again for the soul of King Henry her husband upon condition never to alienate it Upon which account King Richard the 1. refused to take 500 and demanded received 1000 marks for the new grant of this his Manor to that Monastery His own words I transcribed out of cap. 24. are these Abbas optulit Regi Rich. 1. quingentas marcas pro Manerio de Mindenhale dicens illud Manerium 60 libr. 10. pro tanto esse collatum in magna Rolla de Wincestre Cum it a spem voti sui concepisset cepit res dilationem usque in

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 ●●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