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A56125 An additional appendix to Aurum reginæ making some further discoveries of the antiquity, legality, quiddity, quantity, quality of this royal duty, of the oblations, fines from which it ariseth, as well in Ireland as England, the process by, the lands, chattels out of which it is levyed, and that the unlevyed arears thereof at the Queen-consorts death, of right accrue to the king and none other, by his royal prerogative, and ought to be levyed for his use by the laws of the realm / collected by William Prynne, Esq. ... Prynne, William, 1600-1669.; Prynne, William, 1600-1669. Aurum reginae. 1668 (1668) Wing P3888; ESTC R21840 50,514 47

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cepit in manum Regis de terris catallis praedicti Iac●bi Pyk●●yng ad valentiam 40 s. de debito praedicto et quod non invenit plura bona ●eu catalla c. Et quia praefata Regina mortua est prout superius continetur et denarii praedicti ad 5 Regem et non ad alium de jure p●rtinent Ideo id●m V●c viz. praedictus Iohannes Sayvyll oneretur versus Regem de 40 s. praedictis praetextu cogn suae praedictae From all ●he premised Writs and Records to which perchance sundry more of a like but few or none of a different nature might be added in these and succeeding Kings reigns ●pon further search into the files and Bundles of Writs issued to and returned by Sheriffs for levying of this Duty which are generally either mislayd lost or neglected as uselesse and very tedious exactly to peruse● I shall deduce these Observations and Conclusions naturally arising from them 1. That AVRVM REGINAE was a most antient Royal Prerogative Debt Duty and Revenue belonging to our QUEEN-CONSORTS out of all Voluntary Fines Obl●tions to Compositions or Contracts made with our Kings during th●ir respective Mariages and Covertures if they were of or above the value of ten Marks 2. That AVRVM REGINAE was one full tenth part over and above the entire Fine Oblation to or Composition Contract made with the King to wit one Mark for every ten Marks and one pound for every ten pounds paid or payable to the King in moneyes either in Masse or in Coine and so proportionably for any greater summes 3ly That it was due out of all Fines Oblations Compositions for Grants of Lands Liberties and the Custody of the Lands bodies or Mariages of Wards without disparagement For Licenses to alien morgage or purchase Lands held in Capite of the King or Rents issuing out of them For Licenses to alien purchase or receive any Lands Houses Rents Advowsons Churches or Chappels in mortmain to or by any Religious Houses Hospitals Parsons Prelates or other Ecclesiastical or Civil Corporations For licenses to marry the Kings Wards or Widdowes For grants Liveries and restitution of Lands goods or chattels out of the Kings hands when seised by reason of Vacancies of Bishopricks or Monasteries or for Wardships or for Contempts or Forfeitures yea for Fines for Original Writs and Concords 4ly For Fines Compositions Ransoms for and Pardons of all sorts of Trespasses and Offences As alienations or purchases of Lands held of the King in Capite or granting purchasing receiving Lands Houses Rents in mortmain or marrying the Kings Wards Widdows or Women holding Lands in Capit● without the Kings preceding special licenses for and of all ●orts of Trespasses in Forests punishable by Forest Lawes all kinds of Extorsions Oppressions Maintenances ●onsp●racies Frauds Deceits selling Corrupt Wines mixed with Lees or with old or decayed Wines or other mixtures● or Wines ungauged or not according to the Legal measure assise or p●ice and for and of all other Trespasses Grievances Misdemeanors punished by the Kings Justices in any Court Country Forest Eyre submitted to by the parti●s fined and estreated into the Kings Exchequer The particulars of which Trespasses Offences being very numerous and of different kindes yea many of them very observable those who please may peruse at leisure in the Great Rolls carefully preserved in the Pipe Office during the reigns of King Henry the 2. King Iohn King H●nry the 3. and their successors till our present age and likewise in the Rolls in the Kings and Lord Treasurers Remembrancers Offices in the Exchequer at Westminster and in the Fine Rolls in the Tower 5ly That the King himself did sometimes appoint by his Writs and Precepts at what dayes and by what particular summs and in what places the Duty of Queen-gold should be payd in favour to those who were to pay it most likely by the Queens consent 6ly That the Estreats and Fine Rolls sent out of the Chancery and out of other Courts or Eyres by the Kings Justices into the Exchequer were a sufficient warrant to the Queens Clerks or Officers in the Exchequer to ascertain and issue out Writs and Processe to Sheriffs and other Officers to levy her QUEEN-GOLD according to the proportion of the Fines ascertained by the Records upon the goods chattels lands and tenements of all such from whom it was due 7ly That this Queen-gold was usually payd to and received by the Queens own Officers and Receivers in the Kings Court of Exchequer and levyed by the same Processe Officers and in the same manner as the Kings own Fin●s and Debts were levyed And that when Bailif●s of Liberties were ne●ligent in levying it the Sheriffs themselves were commanded to enter their Liberties and levy it by distresses 8ly That not only the goods and chattels of the persons from whom Queen-gold was due but likewise all the Lands and tenements they were seised of at the time when the Fine Oblation to or Contract with the King was first made were liable and extendable to satisfie it in whose hands soever they were found and likewise their pledges or sureties goods chattels lands and tenements 9ly That Processe usually issued out of the Court of Exchequer year after year to Sheriffs and Bayliffs of Liberties for this Duty till the whole way levyed and satisfaction thereof acknowledged by the Queens Attorney or Receiver in open Court 10ly That all arrears of Queen-gold unpayd or unlevyed at the time of the Queens death of right accrued belonged to the King her Husband as a just Debt over and above his own Original Fine Oblation or Contract and to none o●her Person whereupon the King issued Processe in his own name right to levy it and accordingly received it by judgement of his Court of Exchequer when levyed as particularly belonging to him by his Prerogative And in case the King-husband likewise deceased before all the arrears of Queen-gold due to his deceased Queen were levyed or received they then accrued by Law and right to this succeeding King as the premised Presidents of King Edward the 3d. and his Grandchild King Richard the 2d most clearly and irrefragably evidence and resolve for which end I have here transcribed them at large I shall cloze up this Additional Appendix with the Case of William de Asthorp Knight the Record whereof I found Inter Communia de Termino Paschae Anno 18 Regis Richardi secundi Rot● 1. in Officio Rem Thesaurarii in Sca●● differing in some Clauses Names of Justices from that I formerly transcribed out of the Manuscript of Mr. W. B. in my AURUM REGINAE p. 60 61. which I shall here present you with wherein it was resolved upon mature deliberation That no Queen-gold is due to the QUEEN for any fine or amercement ascertained and imposed on any person for any Trespass or Offence if the party pleads against it as unjust or unreasonable that it was imposed on him against his
AN ADDITIONAL APPENDIX TO Aurum Reginae Making some further Discoveries of the Antiquity Legality Quiddity Quantity Quality of this ROYAL DVTY of the Oblations Fines from which it ariseth as well in IRELAND as ENGLAND the Process by the Lands Chattels out of which it is levyed and that the unlevyed Arears thereof at the QVEEN-CONSORTS Death of RIGHT accrue to the KING and None Other by His ROYAL PREROGATIVE and ought to be levyed for His Vse by the Laws of the Realm COLLECTED By WILLIAM PRYNNE Esq a Bencher and Reader of Lincolns-Inne Keeper of His Majesties Records in the Tower of London Mat. 22.21 Render therefore to Caesar the things that are Caesars LONDON Printed for the Author by Tho. Ratcliffe and Tho. Daniel and are to be sold by Edward Thomas at the Adam and Eve in Little Britain and Iosias Robinson at Lincolns-Inne Gate 1668. To the KINGS most Excellent MAIESTY CHARLES the II. YOUR Majesty may perchance condemn me as guilty of a Solaecisme in Courtship for that I formerly intituled Your most Illustrious QUEEN-CONSORT in my late Tractate of AVRVM REGINAE dedicated to Her Highnesse to a Legal Right in possession to this most Antient ROYAL DUTY and now presume to present Your Majesty by way of Reversion after Your CONSORT only with the Gleanings of some Records of that Subject I have since discovered and collected in this ADDITIONAL APPENDIX Yet being no Solaecisme or praeposterousnesse but an orderly usual method in point of Law the Lawes and Records of Your Realm intitling Your QUEEN to the Primitive present possessory right of QUEEN-GOLD and Your Majesty only to the uncollected Remaines and Arrears thereof after Her Decease whom God long preserve in life and health and that both in ENGLAND and IRELAND as this old Record I newly found of Your Noble Predecessor KING HENRY the THIRD dated in FRANCE thus resolves Galfridus de Turvall Archid. Dublin assignatus est ad recipiend AURUM REGINAE quod ad eam pertinet de finibus HIBERNIAE Et mandatum est eidem Galfrido quod illud recipiat custodiendum ad opus ipsius REGINAE Teste Rege apud Burdegal 10 die Sept. Et mandatum est Iusticiario HIBERNIAE quod illud ei habere faciat Teste ut supra Which is seconded by other Records elsewhere cited I therefore most humbly hope and crave not only Your Majesties Royal Pardon of this imaginary Disorder but likewise Your Gracious Acceptation of these Fragments which further evidence both of Your Majesties Old Iust Vnquestionable Rights to this GOLDEN FLOWER of YOUR CROWNS by multitudes of irrefragable Records By vertue whereof Your Majesti●s may now as justly demand receive levy it of those Subjects from whose voluntary Oblations Fines it is due without the least injustice or grievance as any other branch of Your Revenues whatsoever especially since the greatest part of this and other Your antient Crown-Revenues have been much diminished by two late Acts abolishing all Fines for Knighthood Wardships Tenures Lico●ses for Alienations and Marriages of Wards from which the richest Veins of this Gold Mine did formerly arise If these Collections shall contribute any assistance to invest Your Majesties in the speedy future possession perc●ption of this over-long neglected Legal Revenue which no lapse of time can barr or null since Null●m t●mpu● occurit Regi and this Duty hath in all former ages been legally revived claimed by and from the Mariage of every Queen but not extinguished by the death of any it will be a sufficient reward for the paines taken to recover it by Your Majesties most humble loyal Subject and Servant WILLIAM PRYNNE AN ADDITIONAL APPENDIX TO Aurum Reginae SInce the finishing of my late Tractate of AVRVM REGINAE at the Presse upon my subsequent Searches meeting with sundry Passag●s in Doomesday Book the Great Rolls in the Pipe Office and especially in the Records in the Lord Treasurers Remembrancers Office in the Exchequer relating to that Subject of QUEEN-GOLD I thought fit by way of Appendix to communicate them to the World for the clearer demonstration of the Antiquity Rationality and Legality of this Royal Prerogative and Duty The true Original Grounds thereof which I have briefly related in my AVRVM REGINAE p. 4 5 6. I shall here in the first place illustrate by some forraign Historical passages and domestick Records It is storied of the ancient Kings of Persia who were extraordinarily uxorious loving kind and bountifull to the●r Queens that for their greater Honor Majesty and Splendor when they espoused or made choyce of them for their Queen Consorts they did set a ROYAL CROWN of GOLD upon their heads arrayed them with Royal costly Robes Appar●l and also assigned them sundry large Territories Cities Revenues for furnishing all parts of their Bodies with rich Ornaments of all sorts suitable to their Royal Estates Hence Plato in his Alcibiades primus discoursing of the great wealth of the Persian Kings subjoynes Audivi ego aliquando virum fide dignum qui ad Persarum Regem profectus fuerat Hic retulit se peragrasse regionem valdè magnam bonam diei ferè unius it●nere quam indiginae UXORIS REGIAE ZONAM vocent Esse verò etiam aliam qua REGINAE CALYPTRA vocatur● it●mque alios multos locos pulchros bon●s AD ORNATUM REGINAE DELECTOS habereque singulos lecos nomina AB UNOQUOQUE REGINAE MUNDO Which Cicero the grand Roman Orator thus seconds S●lêre a●unt barbaros Reges Persarum Syrorum plures V●ores habere his autem UXORIBUS Civitates attribuere hoc modo Haec Civitas mulieri REDIMICULUM praebeat haec in COLLUM haec in CRINES Ita populos hab●nt universos non solum conscios libidinis suae sed etiam administros Upon this account as Athenaeus relates the City of Antylla near Alexandria was given to the Queens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And Barnabas ●riss●●ius De ●egio 〈◊〉 Principatu lib. 1. p. 76. observes that the Persian Kings REGINES utique Regione●●erta● attri●uebant e●●uarum ●edditibu● mundum 〈◊〉 para●●nt In like manner● our ancient Kings before and since the Conquest did not only honor their Queen Consorts with ROYAL DIADEMS of GOLD rich Robes and other O●●●ment● a●d assign ●●em sundry ●●●ge Mannors Rents Pensions for their Dowries to maintain their Pomp Courts Officers Attendants in Magnifice●t splendor but li●ewise reserved certain● Ounce● of Gold out of so●e of thei● ancient ●emes●● Lands and Man●ors to ●e annually paid to their Queens with other sums of money and portions of Wool for their Ornaments Apparell Lamps and Furniture o● their Wardrobes This I shall evidence by some few irrefragable presidents recorded in the most famous ancient Record st●●● e●tant reserved in the Treasury of the Receits in 〈◊〉 King● Ex●h●q●e● c●mmonly ca●●ed DOOMES●AY BOOK or LIB●R IVDICIARIVS ●●ia ●ententia eju● i●f 〈…〉 po●est vel impunè declinari ab ●o non licet