SCUTAGE

6 definitions found across Law Mind sources

SCUTAGEAuthored
The Law Mind • 809 words
Definition
A feudal financial obligation by which a tenant holding land by knight's service paid a sum of money to the king or lord in lieu of performing actual military service. The payment was assessed per knight's fee held, typically at a fixed rate of one, two, or three marks. Scutage was one of the principal mechanisms by which medieval English monarchs funded military campaigns without requiring personal service from every landholder, and it became a recurring and politically contested feature of English governance from the Norman period through the thirteenth century.
Common Language
Modern common usage (Wiktionary): A tax, paid in lieu of military service, that was a significant source of revenue in England in the twelfth and thirteenth centuries. Historical common usage (Webster's 1913): Shield money; commutation of service for a sum of money. The common definitions are broadly accurate but flatten a distinction that matters in legal research. Scutage was not a general tax but an obligation arising specifically from the tenurial relationship between a knight's-fee tenant and his lord. Its legality depended on the terms of the tenure, not on general fiscal authority. That distinction — feudal obligation versus sovereign taxation — drove the constitutional conflicts that made scutage historically significant.
Why It Matters in Research
Scutage sits at the intersection of feudal land law, military history, and English constitutional development. Researchers encountering the term in medieval and early modern sources need to recognize several navigational points. First, the term appears in sources under multiple spellings and cognate forms. Escuage is the Anglo-French equivalent and appears in older records, Year Books, and some legal dictionaries as the primary entry. Rapalje & Lawrence simply cross-references "Escuage (q.v.)," which signals that researchers should check both headwords when working across historical dictionaries. Burrill traces the Latin root (scutagium, from scutum, a shield) and the Saxon equivalent (scild-penig, shield-money), which is useful for reading variant forms in medieval manuscripts and record sources. Second, the constitutional dimension of scutage is critical context. Magna Carta (1215) directly addressed scutage, requiring baronial consent before the king could levy it beyond customary amounts. Researchers working on the development of parliamentary consent, limits on royal prerogative, or the origins of representative taxation will find scutage a recurring reference point in that literature. The term therefore appears not only in property and tenure treatises but in constitutional history sources, and a corpus search should account for both. Third, scutage declined as a practical institution after the thirteenth century as feudal tenure itself eroded, but it persisted as a legal concept in treatises long after it ceased to function. Coke, Blackstone, and later commentators discuss it in historical terms. Researchers should be alert to the gap between scutage as a live obligation and scutage as a historical reference used to illustrate broader principles of feudal tenure. Fourth, the rate structure (per knight's fee) connects scutage to the broader system of knight's service tenure and fee assessment. Understanding scutage requires familiarity with how knight's fees were counted, sub-infeudated, and recorded — material found in sources on tenure, inquisitions post mortem, and the feudal incidents more broadly.
Historical Dictionary Support
The historical dictionaries converge on the core definition without significant disagreement: scutage is a monetary commutation of knight's service, assessed per fee. Black's (1st Ed.) provides the clearest functional description, specifying the rate range (one to two to three marks per fee) and citing Blackstone's Commentaries at 2 Bl. Comm. 74. Black's (2nd Ed.) is fragmentary in the surviving source text but aligns with the same framework. Burrill's is the most etymologically detailed, tracing scutagium through its Latin, Anglo-French, and Saxon forms — useful for researchers working with primary records in multiple languages. The citation to M. & S. 568 in Burrill's likely refers to a reported case or abridgment entry and reflects the older dictionary practice of embedding case references without full citation; researchers should verify before relying on it. What the historical dictionaries collectively understate is the constitutional and political significance of scutage. They treat it as a tenure concept, which it is, but the disputes over scutage levies were among the direct provocations for Magna Carta and shaped the emerging principle that extraordinary fiscal demands required consent. Researchers needing that dimension will need to go beyond these dictionary entries to constitutional history sources.
Jurisdictional Note
Scutage is a concept of English feudal law and has no parallel development in American law. American jurisdictions abolished feudal tenures at or shortly after independence, and scutage never took root as a colonial institution. The term appears in American legal sources only historically or in the context of English legal history scholarship.
Related Terms
Escuage Knight's Service Knight's Fee Tenure Feudal Incidents Aids (feudal) Homage Fealty Magna Carta Commutation Subinfeudation Serjeanty
SCUTAGEmain
Black's Law Dictionary • 1891
In feudal law. A tax or contribution raised by those that held lands by knight's service, towards furnishing the king's army, at the rate of one, two, or three marks for every knight's fee. A pecuniary composition or commutation made by a tenant by knight-service in lieu of actual service. 2 Bl. Comm. 74. A pecuniary aid or tribute originally re- R served by particular lords, instead or in lieu of personal service, varying in amount ac- cording to the expenditure which the lord had to incur in his personal attendance upon the king in his wars. Wright, Ten. 121– S 134.
SCUTAGEmain
Black's Law Dictionary (2nd Ed.) • 1910
Scripts obligationes scriptis tollun~ tur, et nudi consensus obligatio contrario consensu dissolvitur. Written obligations are superseded by writings, and an obligation of naked assent is dissolved by assent to the contrary. In old records. A where writing was In feudal law. <A tax or contribution raised by those that held lands by knight's service, towards furnishing the king’s army, at the rate of one, two or three marks for every knight’s fee. A.pecuniary composition or commutation made by a tenant by knight-service in leu of actual service. 2 BI. Comm. 74. A pecuniary aid or tribute originally reserved by particular lords, instead or in lieu of personal service, varying in amount according to the expenditure which the lord had to incur in his personal attendance upon the king in his wars. Wright, Ten. 121134.
SCUTAGEmain
Rapalje & Lawrence • 1883
-Escuage (q. v.) SCUTAGE, (defined). 1 Bl. Com. 310; 2 Id.
SCUTAGEn.
Websters Unabridged Dictionary (1913) • 1913
Shield money; commutation of service for a sum of money. See Escuage.
scutagenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A tax, paid in lieu of military service, that was a significant source of revenue in England in the twelfth and thirteenth centuries.

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