Legal Definitions - scutagio habendo

Scutagio habendo refers to a historical legal writ or process in medieval England that authorized a lord to collect "scutage" from his tenants. Scutage was a payment made by a knight or feudal tenant to their lord in place of performing military service. Essentially, it was a way for lords to obtain money instead of military service, often to fund their own military obligations to the Crown.

Here are some examples to illustrate this concept:

• Royal Decree for Funds: Imagine King Edward I needed to raise money quickly for a military campaign in Scotland. Instead of demanding that all his barons personally bring their knights to fight, he could issue a writ of scutagio habendo. This writ would authorize the barons, who held land directly from the King, to collect scutage (a monetary payment) from their own sub-tenants (knights) who owed them military service. The King would then receive a portion of this collected scutage from the barons, effectively funding his war without mobilizing the entire feudal army directly.

  This example illustrates how scutagio habendo served as the royal authorization for a lord to legally obtain scutage, allowing the Crown to convert military service obligations into financial resources.

• Baronial Collection from Knights: Lord Alaric, a powerful baron, held several manors from the King and, in turn, had numerous knights who held land from him in exchange for military service. When the King declared a scutage, Lord Alaric would receive the scutagio habendo writ. Using this legal authority, he would then demand payment from his knights. For instance, Sir Gareth, one of Lord Alaric's knights, might pay a specific sum of money instead of joining Lord Alaric's retinue for a campaign, allowing Sir Gareth to remain on his estate.

  Here, scutagio habendo represents the legal instrument that enabled Lord Alaric to collect the scutage payment from his feudal tenants, transforming their traditional military service into a financial obligation.

• Tenant's Monetary Obligation: A lesser knight, Sir Ewan, held a small manor from a baron and was obligated to provide military service for a certain number of days each year. If the baron received a scutagio habendo writ from the Crown, Sir Ewan would then be legally required to pay a specified amount of money (scutage) instead of performing his military duty. This arrangement often suited both parties, as Sir Ewan could continue managing his lands, and the baron received funds that could be used to hire professional soldiers or fulfill his own financial obligations.

  This example highlights how scutagio habendo created a legal obligation for the tenant to pay scutage, effectively converting their traditional service into a financial one, which was often more convenient for both parties in certain circumstances.