Aurum Regina, Section 4 – Section 5
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*See Littleton, ſect. 97,98 222. & Cooks 1 Inſtitutes, f. 149. 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.