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jus et clamium quod habuit in predicta terra,
de se et heredibus suis, in perpetuum.
Et pro hoc fine et concordia et quieto clamio,
predictus OSBERTUS dedit predicto SIMONI j marcam argenti.
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This is the last of the Kent Fines, temp. Ric. I.,
the period beyond which "legal memory" reaches not.1
We have transcribed all that are extant of that reign verbatim,
except in the few instances where we have avoided the
unnecessary repetition of names.
It will be an appropriate conclusion to these pages,
if we add a few words on some of the forms in which surnames
appear in ancient records. When we meet with such names as
"John de Aldington" or "William de Burham," it
does not follow that "de Aldington" or "de
Burham" were decided surnames; it may imply only "John
of Aldington" or "William of Burham." Generally
speaking, if the name be that of the lord of the manor, as
"Robert de Leybourne," it had become the settled surname
of the family; but in numerous instances it would only imply that
the party was an inhabitant of the place named. With regard to the
use of "Fitz " in proper names, it is well to observe
that, although in the abstracts prefixed to each of the Fines, we
have always so rendered the Latin "filius," it by no
means follows that the surname of the party is thereby determined.
For instance, in " fil Petri" we at once recognize the
well known name of Fitz Piers, Earl of Essex, but Osbertus filius
Lucie is not necessarily Osbert fitz Lucy, it may merely stand for
Osbert son of Lucy. Guarding ourselves with these precautionary
remarks, we shall continue the practice which in this respect we
have hitherto adopted.
1 The terms which we
usually meet with, in pleadings, in reference to this period, are—"a
tempore quo non extat memoria," and " infra tempus
memorie.
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