Legal Definitions - de scutagio habendo

De scutagio habendo is a historical legal term from medieval England, referring to a specific type of royal writ or order. This writ served two primary purposes related to "scutage," which was a payment made by a knight or landholder to their lord, or to the King, in place of direct military service.

• First, it could be a royal order directed to a tenant-in-chief (a nobleman holding land directly from the King). This writ would command them to either fulfill their military obligation by serving in a war, sending a substitute knight, or paying a sum of money (scutage) to the King.

• Second, it could be a writ issued to a lord who had already fulfilled his military duty to the King (either by serving or paying scutage himself). This writ authorized that lord to collect the corresponding scutage payments from his own sub-tenants, who held land from him by knight's service.

Examples:

• Example 1 (King to Tenant-in-Chief): During the reign of King Henry III, a major military campaign was planned against rebellious barons. Lord Alaric, who held the Barony of Stonehaven directly from the King, was obligated to provide twenty knights for forty days. However, Lord Alaric was elderly and unable to lead his forces personally. The King would issue a writ of de scutagio habendo to Lord Alaric, compelling him to either send a capable substitute commander with the required knights or pay the specified scutage amount directly to the royal treasury. This writ ensured the King received the necessary military support or its financial equivalent.

• Example 2 (Lord to Sub-Tenants, after personal service): Sir Gareth, a powerful Earl, had just returned from personally leading his contingent of knights in the King's campaign in France. As a tenant-in-chief, he had fulfilled his direct military obligation to the Crown. Now, Sir Gareth needed to recover the costs and effort from his own vassals, Sir Kenneth and Lady Isolde, who held their lands from him by knight's service. Sir Gareth would petition the King for a writ of de scutagio habendo. This writ would then legally authorize Sir Gareth to demand and collect the appropriate scutage payments from Sir Kenneth and Lady Isolde, compensating him for his service to the King.

• Example 3 (Lord to Sub-Tenants, after paying scutage): Baroness Elara held extensive lands from the King and was required to provide ten knights for a campaign in Scotland. Instead of sending her knights, she chose to pay the full scutage amount directly to the King. To recoup this significant expense, Baroness Elara then needed to collect the corresponding payments from her own sub-tenants, Sir Duncan and Master Thomas, who owed her military service. She would obtain a writ of de scutagio habendo from the King. This writ provided the legal authority for Baroness Elara to collect the scutage from Sir Duncan and Master Thomas, ensuring that the financial burden of the military obligation was passed down the feudal chain as per their agreements.