Aurum Regina, Section 3
SECT. III.
The Antiquity, Legality, and Reaſonableneſs of Aurum Reginae.
THE next thing to be inquired into and evidenced, is the Antiquity, Legality, and Reaſonableneſs of this Duty of Aurum Reginae; which I ſhall but briefly touch, becauſe the enſuing Records (Sect. 6.) will at large demonſtrate it.
Its Antiquity will beſt appear by the firſt Record and Diſcourſe I have yet diſcovered concerning it; viz. the learned Dialogue of Gervaſius Tilberienſis, Nephew to our K. Henry the 2. and an Officer under him in his Court of Exchequer; of whombScriptorum Britanniae, Cent. 3. c. 7. 58. p. 250. John Bale Biſhop of Oſſory renders us this character. Gervaſius Tilberienſis, Henrici ſecundi Anglorum Regis Nepos, vir non mediocriter eruditus; literarum titulo bonarum inſignis, &c. This Dialogue of his contains the foundation, Conſtitution, Juriſdiction, Officers, Proceedings of the Court of the Kings Exchequer in that and former Ages, being reſerved therein as a moſt Eminent Record, and Directory for the proceedings thereof, ſtiled by moſt,*Recorded likewiſe in the Black Book of the Exchequer, a Duplicate thereof. The Red Book of the Exchequer; wherein there is a particular Chapter and Diſcourſe DE AURO REGINAE, (which I ſhall preſent you with in its proper place) not as a Prerogative or Duty introduced, eſtabliſhed in that age, but belonging to our Queen-Conſorts time out of minde, as ancient as any Debts or Duties belonging to our Kings, and coaeval with them. To which I ſhall only ſubjoyn the Writs of King Edward the 3d. directed to the Barons of his Exchequer on behalf of Queen Philip, Term. Paſch. An. regni ſui 12. And to his Juſtices, Treaſurer and Chancellor of Ireland, An. regni ſui 34. for levying this Debt and Duty for her uſe in Ireland as well as England▪ which recite; That aliae Reginae praedictum aurum illud recipere conſueverunt totis temporibus retroactis: Ipſaque et omnes praedeceſſores ſuae Reginae Angliae habere et percipere conſueverunt, de tempore quo non extat memoria, de AURO REGINAE unam Marcā de ſingulis decem Marcis omnium finium Nobis in Curiis noſtris, tam in Anglia quam in Hibernia, factarum. This Duty hath been accordingly claimed, enjoyed by all Queens ſince, till the reign 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 4to Jacobi, upon a reference by the King to ſome Judges,cSir Edward Cooks 12 Reports, p. 21, 22. 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,*Pſal. 45. 9, 13, 14. 1 Pe…. 3. 3. Veſtments and other Ornaments of Gold, fit, neceſſary for their Royal State and Majeſty. For, asdff. de Legibus, l. 31. Princeps. ff. De Jure Fiſci, l. 6. Mr. Seldens Titles of Honor, part 1. ch. 6. Sect 7. p. 110, 118, 119. Ʋlpian 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†Vid. Gervaſ. Tilber. Ms. in recept. Scac. Et Acta publica de re ſaepius. anciently the Queen wife had a Revenue of QUEEN-GOLD, or AƲRƲM 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*As the Charter, Patent, & Clauſe Rolls abundantly evidence. 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; eOperum, Pars 3 P. 182.—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,fRom. 13. 7, 8. Mat. 23. 24. Render to all their due, eſpecially to Kings, Queens, and the Higher powers.