You Might Be Surprised By These Words In Magna Carta

Allen Matkins
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I’m continuing my desultory study of the Magna Carta, which marked its 800th birthday last June.  Although the original charter was written in Latin, my occasional efforts at translation has made me keenly aware that it uses many words that although still common no longer have the same meanings.  Below are three words whose meanings have changed in the last 800 years (with my translations).

Aid – In 1215, aid was not assistance that you gave voluntarily.  The King levied aids to fund military or other special costs.  Thus, Chapter 12 of the Charter famously proclaims: “Nullum scutagium vel auxilium ponatur in regno nostro, nisi per commune consilium regni nostri, nisi ad corpus nostrum redimendum, et primogenitum filium nostrum militem faciendum, et ad filiam nostram primogenitam semel maritandam, et ad hec non fiat nisi racionabile auxilium; simili modo fiat de auxiliis de civitate London. (No scutage or aid may be imposed on our kingdom, except by the common counsel of our kingdom, or for the ransom of our body, or the the making our first born son a knight, or the marriage of our first born daughter, and these must not be made unless reasonable; it must be likewise for the aids of the City of London.)  “Scutage”, which is derived from the Latin noun scutum, meaning shield, was a fee paid by a knight in lieu of military service.

Farm – In King John’s time, a farm wasn’t something that you worked or bet.  Rather, it was a fixed amount that was payable as a tax or rent.  Chapter 37 of the Magna Carta begins “Si aliquis teneat de nobis per feodifirmam, vel per socagium, vel per burgagium, et de alio terram teneat per servicium military . . . (If anyone should hold from us by fee-farm, or by socage, or burgage, and should hold from another by military (i.e., knight’s) service . . .).  The word “farm” is derived from the Latin adjective firmus, which, as you might guess, means fixed.  “Socage” and “burgage” are terms referring to types of tenure (i.e., form of holding land from the King or a lord).

Fine – In 13th century England, a fine was not a penalty, but a fee paid by a tenant to the King or lord.  In those days, a financial penalty was known as an amercement.  Chapter 55 of the Charter deals with illegal fines: “Omnes fines qui injuste et contra legem terre facti sunt nobiscum, et omnia amerciamenta facta injuste et contra legem terre, omnino condonentur . . .” (All fines (i.e., fees) to us which are unjust and made contrary to the law of the land and all amercements made unjustly and contrary to the law of the land must be entirely suppressed . . .)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Allen Matkins
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