Legal Definitions - in capite

In capite refers to a historical legal concept describing a type of land tenure where an individual or institution held land directly from the Crown (the monarch), rather than through an intermediate lord or noble. This direct relationship meant that the landowner owed their allegiance, services, and obligations directly to the King or Queen.

Here are some examples to illustrate this concept:

• Imagine a powerful medieval duke who, after years of loyal service and military support, was granted a vast estate by the King himself. This duke would hold his lands in capite. This means his right to the land, and the duties he owed (such as providing knights for the King's army or paying taxes), were directly to the King, not to another lord who might sit between him and the monarch. His legal and feudal relationship for that land was solely with the Crown.

• Consider a knight in the 12th century who performed an extraordinary act of bravery in battle, saving the King's life. As a reward, the King might bestow upon him a small manor. This knight would then hold his manor in capite. His ownership and any associated obligations, like attending the royal court or providing a certain number of soldiers, would be owed directly to the King, establishing a personal and direct bond of fealty for that specific land grant.

• Historically, certain religious institutions, such as a prominent monastery or a bishopric, might have been granted large tracts of land directly by the monarch to support their operations and influence. If a monastery held its lands in capite, it meant that the King was its direct feudal superior for those properties. The monastery's obligations, which might include prayers for the royal family or the upkeep of certain roads, were owed straight to the Crown, bypassing any local barons or other nobles who might otherwise have jurisdiction over the surrounding areas.