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

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ipsum Regem de dat praedicta Auctoritate Parliamenti REX Omnibus ad quos c. salutem Sciatis quod quia nobis expo●●tum est aliqua fore media licita et honesta per bonam Polliciam practicabilia quibus mediantibus infra paucos proximo futuros annos omnibus nostris Creditoribus bonae fidei condenienter satisfieri poterit de singulis suis Debitis bonis et legalibus in bona Pecunta numerata de Auro et de Argento cum magna utilitate universalis Reipublicae Nos totis viribus utilitatem publicam cum omni favore prosequi affectantes nec volentes tantum Bonum universale sub silentio inexpertum pertranfire plenarie considentes de fidelitate et industria perspicuitate atque bona diligentia dilectorum nostrorum Magistri Thomae Hervei Ordinis Fratrum Augustinen Magistri Roberti Glaselay Ordinis Fratrum Praedicatorum in Cantabrigia Magistri Willielmi Atclyffe Physici Reginae charissimae Conthoralis nostrae Magistri Henrici Sharp Magistri in Collegio Sancti Laurentii de Pontiguico London Thomae Cook Alderman London Johannis Fyld Fyshemonger Johannis Yonghe Roberti Gayton Grocerorum Johannis Sturgeon Johannis Lambert Mercerorum London ipsos pariter et eorum quemlibet per se tam conjunctim quam divisim ex deliberatione Consilii nostri commi●●imus et deputavimus commi●●imus et deputamus per praesentes ad attente audiendum et vigilanter sapiendum pro investiganda veritate super hiis quae in praemissis et circa praemissa erunt eis tam verbis proposita quam in scriptis ministranda cum suis circumstantiis viz. si res in se sit factibilis et utrum majus Commodum vel Incommodum nostrae Reipublicae inde fuerit proventurum Habito st egeant in hac parte consilio ab aliis expertis quos duxerint consulendes Dante 's eisdem Commissariis et eorum cuilibet per se specialiter in mandatis per easdem praesentes quatinus hanc Commissionem cutae habeant et quamcitius debitae executioni demandent Et quicquid in praemissis cum suis circumstantiis ipsl aut aliqui eorum conjunctim vel alter ipsorum separatim et divisim per se in hac materia egerint et reperierint cum opinionibus suis unus alterum non expectando referant nobis aut Consilio nostro per bonam declarationem in scriptis infra primum diem Menstis Maii proximo ve●turi et in hiis talem adhibeant diligentiam ut de prompta obedientia mereantur apud nos commendari et quod intellectis opinionibus eorum cum maturo const●io ulterius procedere valeamus ad effectum Mandamus praeterea omnibus et singulis Officiariis et Subditis nostris quatinus Commissionariis praenominatis vel duobus ipsorum si requisiti fuerint in hac parte pareant efficaciter et intendant In cujus c. Teste Rege apud Coventr 9 die Martii Per breve de Privato Sigillo de dat praedicta Authoritate Parliamenti Although all these Patents Commissions for discovery of the Philosophers Stone to make a transubstantion of one sort of Metal into another which hath more affinity between them then Christs natural body with bread for the profitable publike ends therein specified proved altogether abortive for ought I find yet this antient Duty of AVRVM REGINAE being no aerial Whyms●y but an approved real Revenue which hath brought in much Gold and Treasure to several Queens in former ages will questionlesse produce some real Gold Coyn to her Majesties Treasury every year if Her Highnesse by the Kings advise and assistance shall judge it expedient as well as it is just legal to demand and levy it for the future out of all Fines and Oblations for which it is legally due though there may be prudential reasons to remit all or most of it for what is already past since the solemnization of her Royal Nuptials to his SACRED MAJESTY A Chronological Catalogue of the QUEEN-CONSORTS of this our Realm mentioned in this Tractate who received or claimed this Duty of AURUM REGINAE ST Helena daughter and heir of King Coel Queen Consort to the Emperor Constantius Anno Dom. 302. Here p. 9 10. Eleanor daughter of William Duke of Aquitaine Queen Consort to King Henry the 2. p. 104 105. Isabel daughter and heir of Aimer Earl of Angolesme Queen Consort to King John p. 11 12 13. Eleanor second daughter of Raymond Earl of Provence Queen Consort to King Henry the 3. p. 14 18 21 106. Eleanor daughter of Ferdinando the 3. King of Castile first Queen Consort to King Edward the 1. p. 18 to 29 106 107 108. Margaret eldest daughter of Philip the Hardy King of France second Queen Consort to King Edward the 1. p. 28. Isabel daughter to Philip the Fair King of France Queen Consort to King Edward the 2. p. 30 32 33 34 49 50 109 110 111 115. Philip daughter of William Earl of Henault and Holland Queen Consort to King Edward the 3. p. 34 to 58. 111 to 118. Anne daughter to the Emperour Charles the 4th Queen Consort to King Richard the 2. p. 58 59 60. Joane daughter to Charles the first King of Navarre Queen Consort to King Henry the 4th p. 62 63 66 118. Katherine daughter to King Charles the sixth of France Queen Consort to King Henry the 5th p. 68. Margaret daughter of Renate King of Jerusalem Sicily and Arragon Queen Consort to King Henry the 6. p. 67 118. Elizabeth daughter of Richard Woodvill Earl Rivers Queen Consort to King Edward the 4th p. 68 to 104. Elizabeth eldest daughter of King Edward the 4th Queen Consort to King Henry the 7th p. 119 120. Katherine daughter of Ferdinando the sixth King of Spaine first Queen Consort to King Henry the 8. p. 122. Anne daughter to Sir Thomas Bullen Earl of Wiltshire and Ormond second Wife to King Henry the 8. p. 122. Katherine daughter of Sir Thomas Parre of Kendall Marquess of Northampton sixth and last Queen Consort to King Henry the 8. p. 123. Anne sister to Christianus the 4th King of Denmarke Queen Consort to King James p. 122 123 124. Henrietta Maria daughter to King Henry the 4th of France Queen Consort to King Charles the 1. p. 126. A Chronological Catalogue of the Clerks Collectors and Receivers of AURUM REGINAE in the Court of Exchequer herein mentioned ALexander de Lucy An. 9 Johannis Regis p. 10. Alexander de Resham An. 9 Johan p. 11. Lau●entius de Castellis An. 20 37 Henr. Regis 3. p. 15. Johannes Francigena or Franciscus An. 29 30 Henr. 3. p. 16 17. Robertus de Thaury An. 39 40 Henr. 3. p. 17 18. Johannes de Whitebergh An. 56 Henr. 3. p. 18. Johannes de Water●le An. 1 Edw. Regis 1. p. 19 20. Walterus de Cantia An. 3 Edw. 1. p. 20. Benettus de Winton Judaeus An. 4 Edw. 1. p. 21. Willielmus de
Jurisdictions of our English and Irish Parliaments and all other Courts and Grand Officers whatsoever Civil Ecclesiastical Naval or Military the Soveraign Rights Titles of our Kings to the Crowns and all Crown-Lands of England Scotland Ireland Wales France Normandy Aquitain Gascoign Britany the Isles of Oleron Jersy Gernsy Alderny Serke Man Anglesey Scilley Lundy and to the British Ocean the several Prerogatives Royalties of our Kings Queens Princes of Wales and Coun●y Palatines the Militia and Defence of our Realms by Land or Sea the Successions Endowments Revenues Priviledges Salaries of our Archbishops Bishops Abbots Priors Judges Officers of all sorts the Charters Foundations Confirmations Franchises of all kinds of Corporations the Appropriations of Churches the Creations Pedigrees Tenures Lands Services Fairs Markets Parks Chaces Warrens Royalties Customs Revenues of most of the English Irish Scotish Nobility and Gentry the Bounds Perambulations Assarts Deafforrestations of all Forests Chaces the Mints Stanneries Mines Coine Trade Exchanges Merchandize Government of England Scotland Ireland and Isles belonging to them the Treaties Leagues with Foreign Kings States sundry rare excellent Writs Prohibitions Proclamations Inquisitions Commissions Charters Letters of our Kings to Foreign Emperors Kings States Popes Cardinals and their Letters Bulls to them concerning State and Church affairs Cases Appeals and matters of Common Martial Marine Law Law of Merchants concerning Reprisals Depredations Arms Heraldry and whatever else may conduce to make heroick studious spirits accomplished Lawyers Heralds Historians Statesmen are comprised and rolled up in obscurity in our over-much neglected Records upon which account our Kings have had special care to preserve them as sacred and their best richest Treasures in the Tower of London and other places of greatest security If these Collections shall excite any Gentlemen of my Profession or others to a more industrious search study of Records or contribute any addition to the Dignity Splendor amplitude of our Common Laws the grand Supporters Preservers of the Crowns Scepters Royalties of our Kings and Queens as well as of the Subjects Liberties Properties Lives I shall repute my pains and cost sufficiently recompenced and be thereby encouraged through Gods assistance to voluminous publications of Records of another more general usefull subject wherein I am engaged for the Honour of our English Kings Kingdom Church Nation Laws against all Foreign and Domestick Usurpations on or Underminers of them From my Study in Lincolns-Inne March 25. 1668. William Prynne A Compendious TRACTATE CONCERNING AVRVM REGINAE The PROEME OBserving in my perusal of ancient Records in the Tower of London and Kings Court of Exchequer at Westminster many remarkable Patents Writs Cases Passages Resolutions and some Accounts concerning the most ancient eminent benefical Royal Prerogative of the QUEEN CONSORTS OF ENGLAND stiled AVRVM REGINAE or QUEEN-GOLD conferred on their Majesties by the Lawes of England as an Honorary contingent Revenue inseparably annexed to their Persons by virtue of their Marriage to our Kings intituling them to this and sundry other Regalities Prerogatives frequently mentioned in our Records and Law-Books Yet finding no Mention nor Discourse concerning AVRVM REGINAE in Sir Henry Spelmans Glossary or any printed Volume of the Common Law except only in Sir Edward Cooks posthumus Twelf Part of his Reports published in a time of Anarchy wherein he cuts off several rich Veins of this Gold Mine contracting it into such diminutive narrow limits not warranted by the Records there briefly quoted as render it inconsiderable unworthy the Title of a Royal Prerogative or the claim receit of any future Qu●●n Consorts notwithstanding their undoubted Right Title to this Golden Duty which he doth ingenuously acknowledge Upon this account I apprehended I could not perform a more acceptable loyal Service to the KINGS and QUEENS of ENGLAND or communicate a more desirable Piece of Antiquity Law to the Students or Professors of the Common Law then to present unto their View this Summary Chronological Collection of those rare Records I have met with which most perspicuously evidence the Quiddity Quality Quantity Antiquity Legality of this ROYAL DUTY of QUEEN-GOLD the Fines or Mines out of which it springs the Officers and Processe in the Kings Exchequer by which it was anciently received levied accounted for to the Queen Consort whiles living and to the King himself after her decease with other particulars that concern it necessary for the Exact Discovery knowledge recovery of this long discontinued concealed Treasure and reducing this old GOLDEN FLEECE into our new Queens Wardrobes and Cabinets In order whereunto I have here briefly digested all I yet know that concerns this Subject into these 6. ensuing Sections SECTION I. What AURUM REGINAE is as to its Quiddity Quality Quantity or Proportion THE first thing I shall present you with is a Brief Definition of Aurum Reginae as to its Quiddity Quality Quantity or Proportion Aurum Reginae is a Royal Debt Duty or Revenue belonging and accruing to every Queen Consort during her marriage to the King of England both by Law Custom and Prescription time out of minde due by every Person of what quality or calling soever within the Realms of England or Ireland who hath made a voluntary Oblation Obligation or Fine to the King amounting to Ten Marks or upwards for any Priviledges Franchises Dispensations Licenses Pardons Grants or other Matters of royal Grace or Favor conferred on him by the King arising from and answerable to the quantity of such his Oblation or Fine to wit one full tenth part over and above the intire Fine or Oblation to the King as one Mark for every ten Marks and ten pounds for every hundred pound fine and so proportionably for every other sum exceeding ten Marks Or one Mark of gold to the Queen for every 100. Mark fine in silver to the King being both one in value and proportion Which Summe becomes a real Debt and Duty to the Quéen by the Name of Aurum Reginae by and upon the parties bare agreement with the King for his fine without any promise to or contract with the King or Queen for this tenth part exceeding it which becomes a Debt on Record to the Queen by the very recording of the Fine This Definition or Description of Aurum Reginae the following Records in the 6. Section will both explain and confirm in all its branches to which for brevity I referr you SECT II. Why it was originally and till this day stiled Aurum Reginae THE true reasons as I apprehend why it was originally stiled Aurum Reginae were two First because Gold being the Queen best chiefest purest richest fairest durablest most desirable of all other Metals as Philosophers and Divines assert though paid with a greater proportion of Silver to our Queens or Kings gave the name or denomination of Gold to the intire summe according to the received Maxim Denominatio sequitur meliorem partem to which that of Horace may be applied Et
et supra ab initio promissis De his igitur ad praesens cum modestia quia re nondum terminata suspensa resolutio est Litigat sane de his pars REGINAE cum debitoribus et adhuc sub Iudice lis est De misericordia 4 Iudaeorum et de redemptione Monetariorum for falsifying clipping and abusing the Kings coin sicut desponte oblatis dictum est sua portio secundum formam praedictam REGINAE debetur Discip Nunquid in pecuniariis sponte oblatis Clerici Laici sine differentia coerceantur Magister In sponte oblatis apud omnes Lex una servatur ut sive Clericus sit sive Laicus qui non solvend● fuerit donec satisfecerit careat impetrato Observatur etiam idem in omnibus aliis quae quovis pacto Regi debentur c. To which I shall subjoyn this passage in his Dialog 2. c. 23. Quid de sponte offerentibus faciendū cum ipsi non solvunt The Queens Gold arising out of such Oblations Noveris igitur quod oblatorum Regi quaedam in rem quaedam in spem offerentur In rem quidem offerri dicimus cum oblatum à Rege suscipitur offerens consequenter pro quo obtulit à Rege suscipit Vt si quis pro libertate aliqua profundo vel pro firma vel pro custodia cujusque qui minor est aetatis usque ad annos legitimos habenda vel pro quovis alio quod ad suam utilitatē vel honorem accedere videatur sponte Regi Centum libras vel Centum Marcas offerat et assentiente Regi statim post oblatum suscipiat optatum De his qui spontè se obligant qui conventionem cum Principe factam possidere jam ceperint lex nostra decernat ut quamdiu solvendo fuerint indultis sibi beneficiis gaudeant utantur Quod si de Regis debito summoniti solvere desierint statim careant impetratis ut si manente Scaccario super eadem satisfecerint oblata omnia sine molestia restituantur In spem verò dicantur offerri cum quis exhibendae sibi justitiae causa super fundo vel redditu aliquo Regi summam aliquam offert non tamen ut fiat ne in nos excandescas venalia penes eum Justiciam dicas immò ut sine dilatione fiat c. From this Record and Discourse concerning Queen gold stiled in subsequent Records in the Exchequer An Ordinance and Statute to which the Barons and Queens Officers had recourse in succeeding times in Cases concerning Aurum Reginae I shall observe 1. That Aurum Reginae was a Debt Duty Revenue belonging to the Queen-Consorts of England by the Law Custom of England time out of mind long before the reign of King Henry the 2. the beginning whereof is altogether u●known But if I conjecture aright it had its original not from the Earls Dukes of Normandy who were no Kings nor their Wives Queens and so could neither create nor denominate this Royal prerogative of Aurum Reginae but from the Roman Emperors whose Wives had the Titles of AUGUSTA DIVA AUGUSTA as the Emperors had of AUGUSTUS DIVUS AUGUSTUS and the SAME PRIVILEDGES with the EMPEROR And that our famous Queen Helena daughter to King Coell wife to the Emperor Constantius who kept his Imperial Court and died at Yorke where he begate the most renowned Christian Emperor Constantine the Great on the body of this first Christian Queen and Empresse in the world canonized afterwards for a Saint for her piety bounty to the Church and finding out the Holy Crosse whereon Christ was crucified was the first who enjoyed this Royal Duty whereof she was most worthy and being stiled REGINA as well as AUGUSTA might well derive the Name of AURUM REGINAE thereunto This munificent Queen as she built the walls of London and Colchester as our Henry Huntindon stories so Nicephorus Callistus Petrus Ribadeniera Capgrave and others relate that she built three Magnificent Temples in the Holy Land the first near Mount Calvary in the place where she found the Crosse whereon our Saviour Christ was crucified the second at Bethlehem where he was born the third upon Mount Olivet in the place from whence he ascended into heaven besides 27 Churches and Oratories more in other places which she endowed with rich gifts giving likewise large Alms to poor people So large was her revenue whereunto it is probable this Duty of Aurum Reginae made some addition To which Nicephorus subjoyns Quam ob causam condigna etiam à Deo accepit praemia Etenim in praesenti hac vita ea est consequuta ut praestantius quidquam nemo ei accidere potuisse putaret Nam AUGUSTA renunciata est ET NUMMOS AUREOS SUB EFFIGIE SUA PROCUDIT a badge or emblem of Aurum Reginae Imperialibusque Thesauris in potestate sua redactis pro arbitrio suo est usa as our Queens use their Aurum Reginae which if I mistake not had its Original in and from this our glorious Queen and Empresse as both the Roman Emperors and also our Kings of England derived their GOLDEN CROWNS from the Emperor Constantine her Son as Mr. John Selden proves at large in his Titles of Honor. 2ly That Aurum Reginae is due to the Queen out of all sums of Mony or Fines voluntarily offered and assented to by the King for any Liberty lands farm Custody Wardship or other thing redounding to the parties profit or honor and for fines for speedy Justice amounting to or exceeding the sum of 10. Marks which though then a point unresolved disputed between the Queens Officers and those who were to pay this Duty who pretended it not due unlesse it were a Fine of 100 Marks or more yet it was soon after and ever since frequently resolved to the contrary as the subsequent Records will inform us 3ly That the proportion of Aurum Reginae is one Mark of Gold out of every hundred Marks of Silver due to the King that is one full tenth part over and above the intire Oblation or Fine to the King to wit one Mark for ten Marks and ten pounds for every hundred pounds without any deduction from or diminution of the Kings Oblation or Fine from which it is distinct and so proportionably for any other sum above 10 Marks 4ly That at the same instant when any party makes a voluntary Oblation or Fine to the King he becomes an actual Debtor for this Aurum Reginae to the Queen by the Law and Custom of the Realm though it be not expresly promised nor agreed 5ly That the Queen is to have her special Clerk or Officer in the Exchequer to receive and recover this Duty for her use 6ly That the Processe for the recovery thereof if not voluntarily paid ought to issue out of the Kings Exchequer in the same course and manner as Processe doe
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 Plugen●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 se● denarios pro liberatione set fuit dilatum Nos autem Transcripta Certificationem praedicta ad requisitionem dilecti Consanguinei nostri Albredi de Veer nunc Comitis Oxon. ●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
marc pro omnibus transgr factis in tax praedictis 45 s. Coram H. de Stanton anno 17. De Priore Lanton primae de parte 40 s. de Auro Reginae de 4 fine 20 l. pro confirmatione quarundam Cartarum habenda 13 s. 4 d. Canc. anno 18. Lancastr De Roberto de Dalton de parte 10 marc de Auro Reginae atterminat ad 2 marc per annum de 4 fine 100 marc pro vita sua salvonda et terris suis rehabend 13 s. 4 d. De Willielmo Moigne de parte 20 marc atterminat ad quinque marc per annum de 4 fine 200 marc pro pardonacione habend de transgr 33 s. 4 d. Salop. De Hugone de Mortuo mari de parte 20 l. de Auro Reginae atterminat ad 40 s. per annum de 4 fine 200 l. pro vita sua salvanda et terris suis rehabendis 20 s. Canc. anno 17. Somerset Dorset De Roberto de Neweburgh de parte 10 l. de Auro suo de fine 100 l. pro vita sua salvanda et terris suis rehabend 20 s. Canc. anno 17. Salop. Staff De Philippo Barinton aliis Principal tax subtax Com. Staff de parte 34 marc de Auro Reginae de 4 fine 340 marc pro concelamento et aliis transgr factis in taxationibus praedictis 50 s. Coram J. de Stonore anno 17. De Viviano de Standon aliis pl. Willielmi de Chetilton de parte 40 s. de Auro Reginae de 4 fine 20 l. pro eodem Willielmo pro plur transgr 13 s. 4 d. De Henrico de Cressewell al. pleg Ricardi Shirard senioris Thom. sil ejusdem Ricardi fil Ricardi Shirard Willielmi fratris ejus de parte 40 s. de Auro Reginae de fine 20 l. pro eisdem pro transgressionibus 10 s. Summa ab alia summa usque hac 34 l. 12 s. 02 d. ob Summa total hujus Rotuli conjuncta 80 l. 05 s. 06 d. ob Summa total Recept Auri per totum Annum 19º 231 l. 18 s. 10 d. ob What other Sums were received for AVRVM REGINAE this year in Michaelmas and Hilary Terms I cannot yet finde out by any Records I have hitherto perused Only I read that the King this year on the 11. of January pardoned and remitted 200 〈…〉 Queen-gold due from Bogo de Clare which accrued to him by his Queens decease thus recorded in the Clause Roll in the Tower of London REX Thes Baronibus suis de Scaccario salutem Ob bonam affectionnem quam karissima Consors nostra Alienora quondam Regina Angliae erga dilectum nobis Bogon●m de Clare habere novimus dum vivebat pardonabimus eidem Bogoni ducentas marcas in quibus praefatae Reginae die quo obiit tenebatur pro AVRO SVO ipsam contingente de quodam 4 fine duorum milium marcarum quem idem Bogo fecit nobiscum pro quadam transgressione sibi imposita Et ideo vobis mandamus quod praedictum Bogonem de praedictis ducentis marcis quietum esse faciatis Teste Rege apud Asserugg 11 die Januarii This Bogo de Clare was committed Prisoner to the Tower of London by sentence of the King and his Counsil in the Parliament of An. 18 E. 1. for causing the Prior of St. Trinity London to serve a Citation upon Edmund Earl of Cornwall to appear before the Archbishop of Canterbury as he was passing quietly through the midst of the Kings Great Hall at Westminster to the Kings Great Counsil then held at Westminster to which he was summoned by the Kings Writ wherein no person ought to be arrested but only by the Kings Officers and which was exempted from the Archbishops Jurisdiction in manifest contempt and disgrace of the King to his damage of ten thousand pounds until he should satisfie the King for this Trespas for which he put in pledges After which he made a voluntary fine to the King for this Trespasse of 2000 marks which was accepted for payment whereof he put in pledges by the Kings precept before the Treasurer in the Exchequer for which fine he became endebted 200 marks to Queen Eleanor for her AVRVM REGINAE which accruing to the King by her death the King for her good affection to Bogo de Clare in her life-time was pleased graciously to remit it to him after her decease by the precedent Writ issued to the Treasurer and Barons of the Exchequer Anno 27 E. 1. Queen Margaret constituted a Clerk and Receiver of her Queen-gold in the Exchequer by her own Letters Patents and this Writ to the Barons MArgareta Dei gratia Regina Angliae Domina Hiberniae Ducissa Aquitaniae Omnibus ad quos praesentes literae pervenerint salutem Sciatis quod 5 commisimus dilecto Clerico nostro Johanni de Godele Custodiam AVRI nostri assignantes eundem ad Thesaurum nostrum qui ad nos sub nomine dicti Auri pertinet levand colligend et custodiend Ac omnia alia et singula faciend quae ad custodiam illam pertinent prout Custodes REGINARVM Angliae AVRI hujusmodi et Thesauri temporibus retroactis facere debuerunt et consueverunt ita quod de exitibus eorundem nobis respondeat In cujus rei testimonium has literas nostras fieri fecimus Patentes Sigillo nostro privato fignatas quamdiu nobis placuerit duraturas Dat. apud Ledes 22 die Septembris Anno regni Domini nostri Regis Edwardi 27. MArgareta Dei gratiâ Regina Angliae Domina Hybernia Ducissa Aquitan Amicis suis in Christo charissimis Thes Baron Domini Regis de Scaccario salutem Quia 5 commisimus dilecto Clerico nostro Johanni de Godleye Custodiam AVRI nostri prout in literis nostris Patentibus sibi inde confectis plenius continetur Vos rogamus quatinus in hiis quae ad Custodiam illam pertinent dictum Clericum nostrum admittatis vestrum Consilium et auxilium eidem impendentes in eisdem Bene valete Dat. apud Ledes sub privato sigillo nostro 22 die Septembris Anno regni Domini nostri Regis Edwardi 27. From these Records in the reign of King Edward the 1. I shall observe 1. That the Queen Consort during the life and likewise after the death of the King her Husband had the same prerogative and processe for the levying of her Queen-gold and other Debts out of the Lands goods and chattels of the Creditors or their pledges which they had when they first grew due into whose hands soever they came as the King himself had and used for the recovery of his own Debts in the Court of Exchequer and that her Debts ought to be levyed before any Debts due to others next after the Kings 2ly That no Aurum Reginae was due to or demanded by the Queen Mother for any Oblations or Fines made with King Edward the 1. her sonne after the decease of King Henry
from whose and what goods chattels lands and tenements then any others in his predecessors reigns except those of King Edward the 1. and 3. I read in the Chronicle of Fabian printed at London by John Kyngston An. 1559. as likewise in Holinshed and Stow That Anno 1467. the seventh of King Edward the 4th his reign Sir Thomas Cooke late Mayor of London was peached of Treason by a servant of the Lord Wenlocks called Hawkins for refusing to lend 1000 marks upon good Surety to Queen Margaret arrested and sent to the Tower and his goods seised by the Lord Rivers then Treasurer of England After the said Sir Thomas had lyen a time in the Tower he was brought unto the Guildhall and there arraigned of the said Treason and quit by sundry Enquestes Finally after many persecutions and losses he was compelled as for a Fine set upon him for offence of misprision to pay unto the King eight thousand pounds And after he had thus agreed and was at large he was then in new trouble against the Queen The which demanded of him as Her right for every thousand pound payd unto the King by way of Fine an hundred marks it should be pounds For which he had after long suit and great charge and in conclusion was fayne to agrée and to give her a great pleasure besides many good gifts that he gave to her Counsel Or as Raphael Holinshed Grafton and John Stow storie he could not be delivered out of Prison till he had payed eight thousand pounds to the King and eight hundred pounds to the Quéen to wit for her Queen gold due out of his Fine I shall cloze up the Records of this Kings reign with a memorable Action brought by Elizabeth his Queen Consort against a Sheriff who detained her Gold he had levyed in the Office of the Clerk of the Pleas which I transcribed out of the Plea Rolls with my own hand Placita coram Baronibus apud Westm de Termino S. Trinitatis Anno Regis Edwardi quarti post Conquestum vicesimo Rot. 1. dorso ELIZABETHA Regina Angliae Consors Domini Regis venit coram Baronibus hujus Scaccarii sexto die Julii hoc anno per Robertum Calcote Attornatum suum queritur per Billam versus Robertum Radclyffe Armig. nuper Vic. Com. Norff. Suff. hîc in Curia eodem die super Compoto suo de Officio suo praedicto hîc ad hoc Scaccarium reddendo per Thomam Aldehouse Attornatam suam de eo quod praedict nuper Vic. ei debet injustè detinet quatuor libras decem et novem solidos Argenti pro eo injustè Quod cum Dominus Rex nunc 14. die Februarii Anno regni sui decimo septimo mandasset quoddam Breve suum fieri fac extra hoc Scaccario suo Vic. Norff. Suff. tunc existenti direct per quod quidem Breve eidem Vic. praeceptum fuit Quod non omitteret propter aliquam libertatem quin eam ingrederetur de bonis catallis terris tenementis Gilberti Debenham Armig. in Balliva sua fieri faceret viginti et tres marcas parcellam viginti et sex marcarum quas dictus Gilbertus debebat praefatae Reginae per nomen carissimae Consortis ipsius Domini Regis Elizabethae Reginae Angliae de AVRO SVO de quodam 4 fine Ducentarum sexaginta Marcarum dicto Dom. Regi solut pro Dominio et Manerio de Catyngston cum pertinentiis in Catyngston Holbrooke Wolmerston Fryston alibi infra Hundredum de Staunford in dicto Com. Suff. praefato Gilberto haeredibus de corpore suo excuntibus per dictum Dom. Regem nuper concess Et quod denarios illos haberet ad Scacc. dicti Dom. Regis apud Westm crastino Claus Paschae anno regni ejusdem Regis decimo octavo praefatae Reginae seu 5 ejus in ea parte Receptori ibidem tunc solvend prout in eodem brevi pletus continetur quod quidem Breve deliberatum fuit sextodecimo die Februarii dicto Anno 18. apud Villam Westm in Com. Midd. praefato nuper Vic. jam Defend tunc Vic. dict Com. Norff. Suff. per manus Roberto Calcote tunc servienti praedictae Reginae virtute cujus quidem brevis praedict jam Def. tunc Vic. dict Com. Norff. Suff. vicesimo die Martii dicto Anno 18. apud Gippewicum in praedict Com. Suff. fieri fecit levavit de bonis catallis praedicti Gilberti ad triginta et quinque solidorum de 4 l. 19 s. praedict prout ipse nuper Vic. jam Defend super brevi illo coram praefatis Baronibus apud Westm ad crastinum Clausi Paschae praedicti returnavit prout hic in hoc Scaccario liquet de recordo Ac cum dictus Dom. Rex quinto die Maii dicto Anno 18. mandasset quoddam aliud breve de fieri fac extra hoc Scac. praefato nuper Vic. jam Defend tunc Vic. dicti Com. Norff. Suff. existent direct per quod quidam breve eidem Vic. praeceptum fuit quod non omittat propter aliquam libertatem quin eam ingrederetur de bonis catallis terris tenementis praedicti Gilberti in dicta balliva sua fieri faceret 11l 17s 8d de remanencia 26 marc quas debebat praefatae Reginae de AVRO SVO de quodam 4 fine 260marc dicto Domino Regi solut pro Dominio Manrrio de Catyngston c. ut supra Et quod denarios illos haberet ad Scac. dicti Dom. Regis apud Westm in Crastino Sancti Michaelis dicto Anno 18. praefatae Reginae seu 5 ejus in ea parte Receptori ibidem tunc solvend prout in eodem brevi plenius continetur quod quidem breve deliberatum fuit sextodecimo die Julii dicto anno 18. apud Villam Westm praedict praefato jam Defendenti tunc Vic. dict Com. Norff. Suff. existenti per manus praedicti Roberti Calcote virtute cujus quidem brevis dictus jam Defendens tunc Vic. dict Com. Norff. Suff. 20 die Septembr dicto anno 18 apud Gippewicum praedict fieri fecit et levavit de bonis et catallis praedicti Gilberti ad valenciam 30 solidorum resid de 4. l. 19 s. praedict prout ipse jam Defend super brevi illo coram praefatis Baronibus apud Westm ad crastinum Sancti Michaelis returnavit prout hic in hoc Scaccario liquet de recordo Quae quidem summae per dictum jam Defend sic levatae in toto se attingunt ad dict 4 l. 19 s. Et licet praefata Regina post levationem return brevium praedictorum sic factorum saepius requisivit praefat jam Defend ad ei solvend dict 4 l. 19 s. jam in demanda ipse tamen jam Defend 4 l. 19 s. illos sive aliquam inde parcellam praefatae Reginae nondum solvit sed hoc facere contradixit ad dampnum
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
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 an●ynted and crowned in the Coll●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 Rub●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 Ep●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 Ann● 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 ref●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