Jurisdictions of our English and Irish Parliaments and all other Courts and Grand Officers whatsoever Civil Ecclesiastical Naval or Military the Soveraign Rights Titles of our Kings to the Crowns and all Crown-Lands of England Scotland Ireland Wales France Normandy Aquitain Gascoign Britany the Isles of Oleron Jersy Gernsy Alderny Serke Man Anglesey Scilley Lundy and to the British Ocean the several Prerogatives Royalties of our Kings Queens Princes of Wales and 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
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
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
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
in doubtfull cases concerning this duty the Barons of the Eschequer principally grounded their Judgements Resolutions and Certificates to the King concerning it upon the words of Gervasius Tilberiensis recorded in the Red and Black Books of the Exehequer to which they had reourse as to an ancient Statute Ordinance for that Court as they stiled and reputed it which they were obliged to observe in such controversies 5. That upon the Queen Mothers or Queen Consorts deaths all the Debts and arrears of Queen-gold due to either of them by the Law of the Realm and Kings Prerogative accrued devolved to the King then reigning and to none else who recovered demanded levyed received the same in his Court of Exchequer and disposed thereof as his own proper Debts 6ly That Queen-gold was then demanded levyed out of the Lands and Tenements of the parties from whom it was due which they had at the time of their making of the Oblations and Fines to the King into whose hands soever they came by descent or assignment And out of their goods chattels and the lands goods and chattels of their Pledges or Sureties if the principal Debtors had none out of which it might be levyed 7ly That Sheriffs Bailiffs of Liberties and Receivers of this Duty were obliged to levy pay and account to the Queen in the Exchequer for what ever Queen-gold they were charged to levy by Writs directed to them within their respective Bayliwicks when they there accounted to the King for his Debts levyed and were enjoyned by the Barons not to depart out of the Court till they had accounted and agreed with the Queen for the same That they were attached imprisoned fined for their neglects and contempts in not serving returning the Writs or not levying paying in the moneyes charged by them to the Queen or not accounting for the same in manner as in cases of the King and not discharged till the Queen was satisfied or further day given them by the Queens Attornies consent and acknowledgement in open Court 8ly That Queen-gold was then payd recovered received as due by Law and Custom for all Oblations or Fines to the King for grants of the Lands bodyes or mariages of Wards for licenses of alienations of lands rents or appropriation of Churches Advowsons in mortmain for licenses of alienation of lands in Capite from one person to another for the Temporalties of Archbishopricks Bishopricks Monasteries during their vacancies Fines for Ransoms or pardons of all sorts of Trespasses offences against the Peace capital or criminal Fines for Reliess for Licenses to marry for Grants or Confirmations of Charters of Franchises Liberties for Fines for discharge of Hoblars and other Souldiers And for pecuniary Compositions or Fines made by Corporations for Disms Quindisms Subsidies out of goods and chattels in specie not specially exempted from it by those Acts of Parliament whereby they were granted to the King 9ly That no Queen-gold is due out of publike Aydes and Subsidies voluntarily granted to the King in Parliament when paid in specie or compounded for by any particular person that ought to pay them nor for the grant of the Wardship or marriage of Wards where the Wards die soon after and the grantees receive no benefit by reason of the Wards sudden deaths 10ly That Queen-gold shall not be doubly paid upon a double Recognizance or Security for one and the same Fine given to the King by the same person and his pledges though there be some variance in the Name The reign of King Richard the 2d furnisheth us with these observable Records concerning Aurum Reginae An. 5 R. 2. MEmorand quod praeceptum fuit Vicecomitibus London Midd. per breve hujus Scaccarii dat 12. die Julii hoc anno quinto quod de terris catallis Thomae Saundford Adae Yedding Thoma de la Lodelowe de Com. Surr. Adae de Hadham in Balliva sua fieri faciat 704l 6s 8d de remanen 750 l. de AVRO REGINAE as the Marginal Note thereof resolves us quas iidem Thomas Adam Thomas Adam in Curia Domini Edwardi nuper Regis Angliae Avi Regis hujus coram Baronibus de Scaccario 9. die Junii anno regni sui quinto recognovit se quemlibet eorundem in solidum debere Philippae nuper Reginae Angliae defunct quas ei solvisse debuerunt ad terminos dudum praeteritos prout Domino Regi constat per inspectionem Rotulorum hujus Scaccarii ei non solverint qui quidem denar 5 ad manum Domini Regis Avi occasione mortis praefatae nuper Reginae fuerunt devoluti et jam ad manum Regis hujus per mortem diti Regis Avi devolvuntur Ita quod denarios illos haberent hic in crastino Sancti Michaelis hoc termino Regi solvend sicut continetur inter Brevia execut pro Rege hoc Termino Et ad praedict Crastinum praedicti Vicecom retornaverunt breve mandarunt quod ceperunt in manum Domini Regis de terris catallis praedictor Thomae Saunford Adae Yeddyng in balliva sua ad valenciam 10 s. de debito praedicto Et quod praedicti Thomas de Lodelowe Adam de Hadham nichil c. Et quia praefata Regina mortua est prout superius continetur et denarii praediti ad Regem et non ad alium de jure pertinent Ideo eidem Vic. viz. Walterus Deget Willielmus Kingeston onerentur de 10 s. versus Regem de 10 s. praedict praetextu returni sui praedict MEmorand quod praecept suit Vic. Glouc. per breve hujus Scaccarii dat 8. die Novemer anno quarto Regis nunc sicut pluries quod de bonis catallis Thomae Moigne de terris ren quae sua fuerunt anno regni Dom. E. â—nuper Regis Angliae Avi Regis hujus 38 seu postea in 5 quorumcunque manibus eadem terrae tenementa tunc existerent in balliva sua fieri faceret 74 s. 4 d. ob de remanentia 4 l. 14s 10 d. ob quaâ— dictus Thomas debet Philippae nuper Reginae Angl. defunctae de AVRO SVO de 4 fine 47 l. 8 s. 3 d. pro maritagio haeredum Adae de Bromhull Roberti Robelkyn Willielmi Malefant infra aetatem in misericordia Domini Regis Avi existentium havend qui quidem denar ad manum dicti Dom. Regis per mortem praefatae nuper Reginae fuerunt devoluti jam ad 5 manum Regis nunc per mortem dicti Regis Avi devolvuntur Ita quod denarios illos hic haberet in crastino Sancti Michaelis hoc Termino Regi solvendos sicut continetur inter brevia execut pro Rege de hoc tempore Et ad praedict Crastinum praedict Vic. returnavit breve Et mandavit quod cepit in manum Regis de bonis catallis praedicti Thomae Moigne ad valenciam 74 s. 10 s. ob