Capite
Encyclopedia
In old English law
, a capite (from Latin caput, head) was a tenure
, abolished by Act 12 Chas. II, xxiv., (Tenures Abolition Act 1660
) by which either person or land
was held immediately of the king, or of his crown, either by knight-service
or socage
. A holder of a capite is termed a Tenant-in-chief
.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, a capite (from Latin caput, head) was a tenure
Tenure
Tenure commonly refers to life tenure in a job and specifically to a senior academic's contractual right not to have his or her position terminated without just cause.-19th century:...
, abolished by Act 12 Chas. II, xxiv., (Tenures Abolition Act 1660
Tenures Abolition Act 1660
The Tenures Abolition Act 1660 was an Act of Parliament of the Parliament of England passed in 1660. The long title of the Act was An act for taking away the Court of Wards and liveries, and tenures in capite, and by knights-service, and purveyance, and for settling a revenue upon his Majesty in...
) by which either person or land
Land tenure
Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to "hold" the land . The sovereign monarch, known as The Crown, held land in its own right. All private owners are either its tenants or sub-tenants...
was held immediately of the king, or of his crown, either by knight-service
Knight-service
Knight-service was a form of Feudal land tenure under which a knight held a fief or estate of land termed a knight's fee from an overlord conditional on him as tenant performing military service for his overlord....
or socage
Socage
Socage was one of the feudal duties and hence land tenure forms in the feudal system. A farmer, for example, held the land in exchange for a clearly defined, fixed payment to be made at specified intervals to his feudal lord, who in turn had his own feudal obligations, to the farmer and to the Crown...
. A holder of a capite is termed a Tenant-in-chief
Tenant-in-chief
In medieval and early modern European society the term tenant-in-chief, sometimes vassal-in-chief, denoted the nobles who held their lands as tenants directly from king or territorial prince to whom they did homage, as opposed to holding them from another nobleman or senior member of the clergy....
.