Legal Definitions - capiendo securitatem pro duplicatione feudifirmae

The Latin phrase capiendo securitatem pro duplicatione feudifirmae refers to a historical legal principle within feudal land law. It translates roughly to "by taking caution for the payment of a double of the feu-duty."

Historically, this term described a specific clause included in a legal document (known as a "precept for entry of an heir") that was issued when an heir was formally taking possession of inherited land. The purpose of this clause was to prevent the feudal superior (the landlord) from demanding a special, higher payment – specifically, a "double feu-duty" – from the heir, unless the original grant of the land (the "investiture") had explicitly stated that such a double payment was required upon transfer to a new tenant. Essentially, it acted as a safeguard to protect heirs from unexpected or unauthorized additional fees when inheriting feudal land.

Here are some examples to illustrate this concept:

• The Unspecified Charter: Imagine a scenario in 16th-century Scotland where Lord MacGregor granted a parcel of land to Sir Duncan. The original charter, which served as the legal document for this land grant, clearly outlined the annual feu-duty (a regular payment due to the lord) but made no mention of any special "duplication" or double payment required when the land passed to an heir. When Sir Duncan's son, Ewan, sought to formally inherit the land after his father's death, the legal document authorizing Ewan's entry as the new tenant (the "precept for entry of an heir") included a clause based on the principle of capiendo securitatem pro duplicatione feudifirmae. This clause ensured that Lord MacGregor, or his successor, could not demand a double feu-duty from Ewan, as the original grant did not provide for it. This protected Ewan from an unexpected financial burden.

• The Lord's Attempted Extra Charge: Consider Lady Isabella, who inherited a substantial estate from her grandfather in the 17th century. The feudal superior, Baron Von Croft, saw an opportunity to increase his income and attempted to levy a double feu-duty upon Lady Isabella's formal entry to the land. However, the legal counsel preparing her "precept for entry of an heir" invoked the principle of capiendo securitatem pro duplicatione feudifirmae. They demonstrated that the ancient charter establishing the feu-holding for that particular estate only specified a single feu-duty upon transfer to an heir and did not contain any provision for a double payment. Consequently, Baron Von Croft was legally prevented from charging the extra fee, and Lady Isabella only had to pay the standard, single feu-duty.