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Scutage was a medieval English tax levied on holders of a knight's fee under the feudal land tenure of knight-service. Under feudalism the king, through his vassals, provided land to knights for their support. The knights owed the king military service in return. The knights were allowed to "buy out" of the military service by paying scutage (a term derived from Latin scutum , "shield").
As time passed the kings began to impose a scutage on holders of knight's fees, whether or not the holder was actually a knight.
The institution existed under Henry I (reigned 1100–1135) and Stephen (reigned 1135–1154), when it occurs as scutagium, scuagium or escuagium. The creation of fractions of knights' fee probably hastened its introduction: the holders of such fractions could only discharge their obligation via scutage. [1] The increasing use of mercenaries in the 12th century would also make a money payment of greater use to the crown. [1]
Separate levies of scutage received the names of the campaigns for which they were raised, as "the scutage of Toulouse" (or "great scutage"), "the scutage of Ireland", and so forth. [1] The levy demanded from each fee one mark (13s. 4d., two thirds of a pound), one pound or two marks, but anything above a pound seemed abnormal until John (reigned 1199–1216) imposed levies of two marks in most years without even the excuse of a war. [1] The irritation caused by these exactions reached a climax in 1214, when John demanded three marks. [1] Taxation through scutage became a prominent cause among the many that led to the rebellion of 1215, which culminated in the proclamation of Magna Carta of 1215. Its provisions prohibited the crown from levying any scutage save by "the common counsel of our realm". [1]
The reissued Charter of 1217 provided, instead of this, that scutage levies should remain at the rate as of the reign of Henry II. In practice, however, under Henry III (reigned 1216–1272), scutage rates usually amounted to three marks, but required the assent of the barons, and levies occurred only on adequate occasions. [1]
Meanwhile, a practice had arisen, possibly as early as Richard I's reign (1189–1199), of accepting from great barons special "fines" for permission not to serve in a campaign. This practice appears to have rested on the crown's right to decide whether to exact personal service or to accept scutage in lieu of service. A system of special composition thus arose which largely replaced the old one of scutage. As between the tenants-in-chief, however, and their under-tenants, the payment of scutage continued. The terms of charters of subinfeudation, which specified the quota of scutage due rather than the proportion of a knight's fee granted, often stereotyped scutage. For the purpose of recouping themselves by levying from their under-tenants, the tenants-in-chief received from the crown writs de scutagio habendo. Under Edward I (reigned 1272–1307) the new system developed so completely that the six levies of the reign, each as high as two pounds on the fee, applied in practice only to the under-tenants, their lords compounding with the crown by the payment of large sums, though their nominal assessment, somewhat mysteriously, became much lower (see Knight service). [1]
Scutage rapidly became obsolescent as a source of revenue, Edward II (reigned 1307–1327) and Edward III (reigned 1327–1377) imposing only one levy each and relying on other more uniform and direct modes of taxation. The lengths to which subinfeudation had gone also hastened its rapid decay; increasing subinfeudation led to constant dispute and litigation as to which of the holders in the descending chain of tenure remained liable for the payment. Apart from its financial aspect it had possessed a legal importance as the test, according to Bracton, of tenure by knight-service, its payment, on however small a scale, proving the tenure to be "military" with all the consequences involved. [1]
J. F. Baldwin's The Scutage and Knight Service in England (1897), a dissertation printed at the University of Chicago Press, offers a major monograph on the subject (though not wholly free from error). Madox's History of the Exchequer formerly formed the standard authority. J. H. Round in Feudal England (1895) first set forth a more modern view. In 1896 appeared the Red Book of the Exchequer (Rolls series), which, with the Book of Fees (Public Record Office) and the Pipe Rolls (published by the Record Commission and the Pipe Roll Society), provides the chief record authority on the subject; but the editor misdated many of the scutages, and JH Round in his Studies on the Red Book of the Exchequer (privately issued) and his Commune of London and other Studies (1899) severely criticized his conclusions. See also Pollock and Maitland's History of English Law (1895) and McKechnie's Magna Carta (1905). Scargill Bird's "Scutage and Marshal’s Rolls" in Genealogist (1884), vol. i., has important coverage of later records. [1]
Tallage or talliage may have signified at first any tax, but became in England and France a land use or land tenure tax. Later in England it was further limited to assessments by the crown upon cities, boroughs, and royal domains. In effect, tallage was a land tax.
Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold, signifying that they were hereditable or perpetual, or non-free where the tenancy terminated on the tenant's death or at an earlier specified period.
Lord of the manor is a title that, in Anglo-Saxon England, referred to the landholder of a rural estate. The lord enjoyed manorial rights as well as seignory, the right to grant or draw benefit from the estate. The title continues in modern England and Wales as a legally recognised form of property that can be held independently of its historical rights. It may belong entirely to one person or be a moiety shared with other people.
In feudal Anglo-Norman England and Ireland, a knight's fee was a unit measure of land deemed sufficient to support a knight. Of necessity, it would not only provide sustenance for himself, his family, and servants, but also the means to furnish himself and his retinue with horses and armour to fight for his overlord in battle. It was effectively the size of a fee sufficient to support one knight in the ongoing performance of his feudal duties (knight-service). A knight's fee cannot be stated as a standard number of acres as the required acreage to produce a given crop or revenue would vary depending on many factors, including its location, the richness of its soil and the local climate, as well as the presence of other exploitable resources such as fish-weirs, quarries of rock or mines of minerals. If a knight's fee is deemed co-terminous with a manor, an average size would be between 1,000 and 5,000 acres, of which much in early times was still "waste", forest and uncultivated moorland.
In medieval and early modern Europe, a tenant-in-chief was a person who held his lands under various forms of feudal land tenure directly from the king or territorial prince to whom he did homage, as opposed to holding them from another nobleman or senior member of the clergy. The tenure was one which denoted great honour, but also carried heavy responsibilities. The tenants-in-chief were originally responsible for providing knights and soldiers for the king's feudal army.
The Alienation Office was a British Government body charged with regulating the 'alienation' or transfer of certain feudal lands in England by use of a licence to alienate granted by the king, during the feudal era, and by the government thereafter.
Quia Emptores is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute Quo Warranto also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages. The name Quia Emptores derives from the first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its long title is A Statute of our Lord The King, concerning the Selling and Buying of Land. It is also cited as the Statute of Westminster III, one of many English and British statutes with that title.
The Pipe rolls, sometimes called the Great rolls or the Great Rolls of the Pipe, are a collection of financial records maintained by the English Exchequer, or Treasury, and its successors. The earliest date from the 12th century, and the series extends, mostly complete, from then until 1833. They form the oldest continuous series of records concerning English governance kept by the English, British and United Kingdom governments, covering a span of about 700 years. The early medieval ones are especially useful for historical study, as they are some of the earliest financial records available from the Middle Ages. A similar set of records was developed for Normandy, which was ruled by the English kings from 1066 to 1205, but the Norman Pipe rolls have not survived in a continuous series like the English.
Under feudalism in France and England during the Middle Ages, tenure by serjeanty was a form of tenure in return for a specified duty other than standard knight-service.
Knight-service was a form of feudal land tenure under which a knight held a fief or estate of land termed a knight's fee from an overlord conditional on him as tenant performing military service for his overlord.
An overlord in the English feudal system was a lord of a manor who had subinfeudated a particular manor, estate or fee, to a tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually military service or serjeanty, depending on which form of tenure the estate was held under. The highest overlord of all, or paramount lord, was the monarch, who due to his ancestor William the Conqueror's personal conquest of the Kingdom of England, owned by inheritance from him all the land in England under allodial title and had no superior overlord, "holding from God and his sword", although certain monarchs, notably King John (1199–1216) purported to grant the Kingdom of England to Pope Innocent III, who would thus have become overlord to English monarchs.
Feu was long the most common form of land tenure in Scotland, as conveyancing in Scots law was dominated by feudalism until the Scottish Parliament passed the Abolition of Feudal Tenure etc. (Scotland) Act 2000. The word is the Scots variant of fee. The English had in 1660 abolished these tenures, with An Act taking away the Court of Wards..., since 1948 known as the Tenures Abolition Act 1660.
A foot of fine is the archival copy of the agreement between two parties in an English lawsuit over land, most commonly the fictitious suit known as a fine of lands or final concord. The procedure was followed from c.1195 until 1833, and the considerable body of resulting records is now held at The National Archives, Kew, London.
The Book of Fees is the colloquial title of a modern edition, transcript, rearrangement and enhancement of the medieval Liber Feodorum, being a listing of feudal landholdings or fief, compiled in about 1302, but from earlier records, for the use of the English Exchequer. Originally in two volumes of parchment, the Liber Feodorum is a collection of about 500 written brief notes made between 1198 and 1292 concerning fiefs held in capite or in-chief, that is to say directly from the Crown. From an early date, the book comprising these volumes has been known informally as the Testa de Nevill, supposedly after an image on the cover of the volume of one of its two major source collections. The modern standard edition, known colloquially as "The Book of Fees" whose three volumes were published between 1920 and 1931, improves on two earlier 19th-century efforts at publishing a comprehensive and reliable modern edition of all these mediaeval records of fees. The nomenclature Book of Fees is that generally used in academic citations by modern scholars to refer to this 20th-century modern published edition of the ancient collected documents.
In the kingdom of England, a feudal barony or barony by tenure was the highest degree of feudal land tenure, namely per baroniam, under which the land-holder owed the service of being one of the king's barons. The duties owed by and the privileges granted to feudal barons are not exactly defined, but they involved the duty of providing soldiers to the royal feudal army on demand by the king, and the privilege of attendance at the king's feudal court, the precursor of parliament.
Feudalism as practiced in the Kingdoms of England during the medieval period was a state of human society that organized political and military leadership and force around a stratified formal structure based on land tenure. As a military defense and socio-economic paradigm designed to direct the wealth of the land to the king while it levied military troops to his causes, feudal society was ordered around relationships derived from the holding of land. Such landholdings are termed fiefdoms, traders, fiefs, or fees.
Sir John Russell of Kingston Russell in Dorset, England, was a household knight of King John (1199–1216), and of the young King Henry III (1216–1272), to whom he also acted as steward. He served in this capacity as custodian of the royal castles of Corfe and Sherborne (1224) in Dorset and of the castles of Peveril and Bolsover in Derbyshire. He served as Sheriff of Somerset in 1223-1224. He was granted the royal manor of Kingston Russell in Dorset under a feudal land tenure of grand serjeanty. Between 1212 and about 1215 he acquired a moiety of the feudal barony of Newmarch, the caput of which was at North Cadbury, Somerset, in respect of which he received a summons for the military service of one knight in 1218.
An Inquisition post mortem is an English medieval or early modern record of the death, estate and heir of one of the king's tenants-in-chief, made for royal fiscal purposes. The process of making such inquisition was effected by the royal escheators in each county where the deceased held land. The earliest inq.p.m. was made in 1236, in the reign of King Henry III (1216–1272), and the practice ceased c.1640, at the start of the English Civil War, and was finally abolished by the Tenures Abolition Act 1660, which ended the feudal system.
William Devereux, Baron Devereux of Lyonshall was an English noble who was an important Marcher Lord as he held Lyonshall Castle controlling a strategically vital approach to the border of Wales in the time of Edward I and Edward II. He was the first of this family officially called to Parliament, and was ancestor to John Devereux, 1st Baron Devereux of Whitchurch Maund, the Devereux Earls of Essex, and the Devereux Viscounts of Hereford. His coat of arms was the same as his father's and described as "argent, fess and three roundels in chief gules" which passed to the descendants of his first wife, the Devereux of Bodenham; or "gules od un fesse d'argent ove turteaus d'argent en le chief" which passed to the descendants of his second wife, the Devereux of Frome.
Walter Devereux was an Anglo-Norman nobleman living during the reign of king Henry II of England and Richard I of England. The Devereux, along with the Baskervilles and Pichards, were prominent knightly families along the Welsh marches during the twelfth century, and linked to William Marshal, 1st Earl of Pembroke, and the Braose and Lacy lordships of the region. William Devereux's descendants would later give rise to the Devereux Viscounts of Hereford and Earls of Essex.