Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
“Scutagium,” or “shield-money,” often means, it is true, a specific sum
of so much per knight’s fee (normally twenty shillings) accepted by the
King in lieu of the personal service in his army due by his tenants _in
capite_. Thus it is, as Dr. Stubbs explains, “an honourable commutation
for personal service”;[125] but it is also loosely used[126] to denote
any exaction whatsoever assessed on a feudal basis (that is, taken
exclusively from holders of fiefs) irrespective of the occasion of its
levy. Thus, money taken in name of one of the three feudal _aids_ is
sometimes described as a scutage; and other instances might be cited.
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Footnote 125:
Stubbs, _Const. Hist._, I. 632.
Footnote 126:
As was long ago pointed out by Madox, I. 619.
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Again, learned opinion tends towards the belief that Henry II. made no
radical or startling alteration. Professor Freeman, Dr. Stubbs, and
their adherents familiarized a bygone generation of historians with the
view that one of Henry’s most important reforms was to allow his Crown
tenants at their discretion to substitute payments in money for the old
obligation of personal service in the field—this option being granted to
ecclesiastics in 1156, and to lay barons in 1159. Such a theory had _a
priori_ much to recommend it. A measure of this nature, while giving
volume and elasticity to the resources of the Crown, was calculated
subtly to undermine the basis of the feudal tie; but Henry, farseeing
statesman as he was, could not discard the ideals of his own generation.
No evidence that he made any sweeping change is forthcoming. His
grandfather, Henry I., is shown by the evidence of extant charters to
have accepted money in place of the services of knights _when it suited
him_ (notably from church fiefs in 1109),[127] and there is no evidence
(direct or indirect) to show that the grandson accepted such commutation
_when it did not suit him_. The conclusions formulated, with his usual
energy, by Mr. J. Horace Round, lie implicitly in the examples from the
_Pipe Rolls_ stored in the great work of Madox. From these it would
appear that the procedure of the Exchequer of the great Angevin and his
two sons might be explained in some such propositions as these:
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Footnote 127:
See Round, _Feudal England_, p. 268.
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(_a_) The option to convert service into scutage lay with the Crown, and
not with the tenants, either individually or as a body. When the King
summoned his feudal army no baron could (as Professor Freeman would have
us believe) simply stay away under obligation of paying a small fixed
sum to the Exchequer. On the contrary, Henry and his sons jealously
preserved the right to insist on _personal_ service whenever it suited
them; even efficient substitutes were not always accepted, much less
money payments.
Public-domain text, read in full here on John Shaqi.
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