Legal Definitions - homagio respectuando

Homagio respectuando was a historical legal command, or "writ," used in medieval England. It was issued to a royal official known as an "escheator," whose role involved managing lands that reverted to the Crown. This writ specifically instructed the escheator to grant legal possession of inherited lands to the heir of a tenant who held land directly from the king. The crucial aspect of homagio respectuando was that it allowed the heir to take possession of the land even if they had not yet performed the formal act of "homage"—a public declaration of loyalty and service to the king.

Here are some examples illustrating how homagio respectuando might have been applied:

• Example 1: A Minor Heir
  Imagine a powerful baron, Sir Reginald, who held vast estates directly from the King. Upon Sir Reginald's sudden death, his only son and heir, Thomas, was just ten years old. Thomas was clearly too young to perform the solemn oath of homage to the King. To prevent the lands from falling into administrative limbo and to ensure their continued management, a homagio respectuando writ would be issued. This writ would command the escheator to deliver legal possession of Sir Reginald's estates to young Thomas (or his guardian), allowing the lands to remain productive and under the family's control, even though Thomas could not yet formally swear fealty to the King.
• Example 2: An Absent Heir
  Lady Eleanor inherited her father's substantial manor, which he held as a direct tenant of the Crown. However, at the time of her father's passing, Lady Eleanor was on a pilgrimage to the Holy Land, a journey that would take many months. The King's court recognized the impracticality of waiting for her return to formally perform homage before she could take control of her inheritance. Therefore, a homagio respectuando writ would be sent to the local escheator, instructing him to transfer legal possession of the manor to Lady Eleanor (or her appointed representative). This allowed the estate to continue functioning and generating income, ensuring its stability until Lady Eleanor could return and fulfill her feudal obligations.
• Example 3: Administrative Delay
  Lord Arthur, a loyal tenant-in-chief, died, leaving his adult son, William, as his heir. William was ready and willing to perform homage to the King immediately. However, the King was currently engaged in a military campaign in a distant part of the realm, and his court was not available to receive William's homage for several weeks. To avoid any disruption in the management of Lord Arthur's extensive lands during this waiting period, a homagio respectuando writ would be issued. This writ would authorize the escheator to grant William legal possession of the inherited estates, ensuring that the lands remained under proper stewardship until the King's return made the formal homage ceremony possible.