Legal Definitions - tenure in capite

Tenure in capite refers to a historical system, primarily prevalent in feudal England, where a person held land directly from the monarch (the Crown) as their immediate lord. The phrase "in capite" literally means "in chief" or "by head," signifying that the landholder was the sovereign's direct vassal, with no intermediate lords between them and the king or queen. This direct relationship meant the landholder owed their feudal duties, such as military service, homage, and fealty, directly to the Crown.

• Example 1: A Royal Grant to a Baron

  Imagine King Henry II, in the 12th century, granting a vast estate, including several manors and a castle, directly to a loyal baron who had provided significant military service during a rebellion. This baron would hold his lands in capite from the King. This means he would owe his feudal obligations, such as providing knights for the royal army and attending the King's court, directly to King Henry II, rather than to a duke or another powerful lord who might himself hold land from the King.

  This example illustrates tenure in capite because the baron's ownership of the land is directly linked to the monarch, establishing a direct lord-vassal relationship without any intermediary.

• Example 2: Church Lands Held Directly from the Crown

  Consider a powerful medieval abbey that was founded and endowed with extensive lands directly by a reigning monarch. The abbot, as the head of the abbey, would hold these lands in capite from the Crown. This would entail the abbot performing homage and swearing fealty directly to the king or queen for the abbey's estates, acknowledging the sovereign as the ultimate landlord, bypassing any regional earls or sheriffs.

  This example demonstrates tenure in capite by showing an institutional landholder (the abbey) having a direct feudal relationship with the monarch for its property, emphasizing the absence of an intermediate lord.

• Example 3: A Town Charter and Royal Land

  In the 14th century, a growing market town might petition the king for a royal charter that grants the town's burgesses (leading citizens) the right to hold certain common lands or even the town's own borough directly from the Crown. If granted, the town, through its representatives, would hold these lands in capite. This would mean that any feudal dues or services for these specific lands would be rendered directly to the royal treasury, rather than to a local baron whose territory surrounded the town.

  This example highlights tenure in capite by showing a collective entity (the town) holding land directly from the sovereign, bypassing the usual feudal hierarchy and reinforcing the direct connection to the Crown.