AUXILIUM

4 definitions found across Law Mind sources

AUXILIUMAuthored
The Law Mind • 731 words
Definition
A Latin term from feudal and old English law meaning "aid." Auxilium referred to a compulsory financial tribute owed by a vassal to his lord, arising as one of the recognized incidents of tenure by knight's service. In its broader application, it also denoted a subsidy or tallage paid to the king. The obligation was not voluntary — the "aid" label notwithstanding, auxilium was legally enforceable and could be levied by writ.
Recognized Forms
/SUBTYPES Auxilium ad filium primogenitum militem faciendum: Aid to make the eldest son a knight. One of the classic occasions on which a lord could demand auxilium from his vassals. Auxilium ad filiam primogenitam maritandam: Aid to marry the eldest daughter. The companion occasion, equally recognized as a legitimate ground for demanding tribute. Auxilium ad filium militem faciendum et filiam maritandam: The combined writ form, addressed to the sheriff, directing compulsory levy of an aid for both purposes simultaneously. This writ form appears specifically in Black's (2nd Ed.) and represents the procedural mechanism by which auxilium was enforced at common law.
Why It Matters in Research
Auxilium is an archival and historical term. It will not appear in modern statutory or case law under this Latin designation, but researchers working in feudal tenure, medieval land law, or the history of taxation will encounter it with some frequency in early English legal sources and in treatises that survey the common law's feudal origins. The critical research trap is conflating auxilium with the broader concept of "aid" as it appears throughout feudal law. Aid had multiple meanings and contexts — some consensual, some obligatory. Auxilium specifically carries the connotation of compulsory tribute arising from the tenure relationship, not a voluntary contribution or a procedural aid to a party in litigation. Researchers scanning historical indexes under "Aid" may find auxilium folded in without distinction; the subtlety matters when assessing whether a historical obligation was discretionary or enforceable. The writ form (auxilium ad filium militem faciendum et filiam maritandam) is the term's most procedurally significant appearance. Researchers tracing the history of the sheriff's enforcement role, the writ system, or the mechanics of feudal financial obligations should note that this writ gave compulsory levy a formal common-law vehicle. Early Bracton references (Bract. fol. 36b, cited in Burrill) place the doctrine firmly in the thirteenth century and provide a primary source anchor for deeper historical work. Auxilium also connects to the broader history of royal taxation. The tallage and subsidy sense — auxilium paid to the king rather than a private lord — is a distinct usage that matters for researchers working on the development of parliamentary taxation and the transition from feudal prerogative levies to statutory grants. The two senses (lord-vassal tribute and royal subsidy) should not be collapsed.
Historical Dictionary Support
The three source dictionaries are largely in agreement on the core definition, with Black's (2nd Ed.) adding the most procedural texture by specifying the writ form and characterizing auxilium explicitly as "compulsory aid" — a clarification that resolves potential ambiguity in the earlier entry's softer language. Burrill is the most thorough in citing primary sources, pointing to both Spelman and Bracton, and in distinguishing the two principal occasions for levy. The Cowell reference in Burrill (abbreviated "Cow") indicates additional treatment in Cowell's Interpreter, a standard seventeenth-century legal glossary, which researchers may consult for further contemporary elaboration. None of the historical dictionaries address the transition away from feudal tenure obligations or situate auxilium within the larger arc of how these incidents were abolished. The Statute of Tenures (1660) is the key legislative moment in that story, but the dictionaries leave it unaddressed. Researchers should treat these entries as descriptive of the doctrine's medieval form, not as accounts of its eventual abolition.
Jurisdictional Note
Auxilium is a term of English feudal law and has no independent life in American jurisdictions. American land law rejected the feudal tenure system and its incidents from an early date, and the term appears in American legal dictionaries only as a historical reference. Researchers working in Scottish legal history should note that Scottish feudal tenure had its own parallel vocabulary and that auxilium, while recognizable, does not map precisely onto Scottish practice.
Related Terms
Aid (feudal); Tenure by Knight's Service; Incidents of Tenure; Tallage; Scutage; Relief (feudal); Wardship; Escheat; Writ; Fee Simple
AUXILIUMmain
Black's Law Dictionary • 1891
In feudal and old English law. Aid; a kind of tribute paid by the vas- sal to his lord, being one of the incidents of the tenure by knight's service. Spelman.
AUXILIUMmain
Burrill's Law Dictionary • 1867
Lat. In feudal and old English law. Aid; a kind of tribute paid by the vassal to his lord, being one of the incidents of the tenure by knight's service. Spelman. See Aid. Auxilia ad filium primogenitum militem faciendum, vel ad filiam primogenitam maritandam; aids to make the eldest son a knight, or to marry the eldest daughter. Bract. fol. 36 b. A subsidy or tallage paid to the king. Spelman. Cowell. In old practice. Aid or help to defend a suit. Auxilium petere; to pray aid. Cowell. See Aid. Aid or help to commit a crime. Fleta, lib. 1, c. 31, § 8. See Aid.
AUXILIUMmain
Black's Law Dictionary (2nd Ed.) • 1910
In feudal and old English law. Aid; compulsory aid, hence a tax or tribute; a kind of tribute paid by the vassal to his lord, being one of the incidents of the tenure by knight's ‘service. Spelman. —Auxilium ad fililum militem faciendum et fillam maritandam. An ancient writ which was addressed to the sheriff to levy compulsorily an aid towards the knighting of a son and the marrying of a daughter of the tenants in captte of the crown.—Auxilium curis. ‘In old English law. <A precept or order of court citing and convening a party. at the suit and request of another, to warrant something. um regis. In English law. The king’s aid or money levied for the royal use and fhe public service, as taxes granted by parliament. —Auxilium vice comiti. An ancient duty paid to sheriffs. Cowell.

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