Tenant-in-chief
Encyclopedia
In medieval
and early modern Europe
an 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
. Other names for tenant-in-chief were captal
or baron
. The Latin
term was tenentes in capiti, or in capite
; "tenant-in-chief" was a later translation, rather than one from the Middle Ages.
In most countries allodial property
could be held by the monarch, laypeople or the church, however in England after the Norman Conquest, the king became, in law, the only allodist; thus all the lands in England were the property of the Crown. A tenure by frankalmoin
, which in other countries was regarded as a form of privileged allodial holding, was in England regarded as a feudal tenement
. Every estate was regarded as a tenement whether directly or indirectly held of the king. In England, a tenant-in-chief could enfief, or grant fiefs to, his own followers. The creation of subfiefs under a tenant-in-chief or other fief-holder was known as subinfeudation
. The Norman kings, however, imposed on all free men who occupied a tenement a duty of fealty
. This was to diminish the possibility of sub-vassals being employed by tenants-in-chief against the crown.
The lands held by a tenant-in-chief, in England, were called an honour. As feudal lord the king had the right to collect scutage
, from the barons who held these honours. Scutage was a tax collected from vassals in lieu of military service. The payment of scutage rendered the crown more independent of the feudal levy
and enabled it to pay for troops on its own. Once a tenant-in-chief received a demand for scutage, the cost was passed on to the subtenants and thus came to be regarded as a universal land tax. This tax was part of a taxation system that had been created under the Anglo-Saxon kings to raise money to pay off the invading Danes, in a system known as geld
.
In the great feudal survey Domesday Book
, tenants-in-chief were listed first in each county's entry. When an English tenant-in-chief died, his or her land reverted to the crown until the heir paid a sum of money (a relief
), and was then able to take possession (livery of seisin
) of the lands. However, if the heir was under age (under 21 for a male heir, under 14 for an heiress) they would be subject to a feudal wardship where the custody of their lands and the right to arrange their marriage passed to the monarch, until they came of age. The wardship and marriage was not usually kept in Crown hands, but was sold, sometimes to the next of kin, often simply to the highest bidder. Then when an heir came of age, he or she passed out of wardship but could not enter upon their inheritance until, like all heirs of full age on inheritance, they had sued out their livery. In either case, the process was complicated. Eventually a warrant was issued for the livery to pass under the Great Seal
. The Court of Wards and Liveries
administered the funds received from the wardships, marriages and the granting of livery; both courts and practice were abolished in 1646.
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
and early modern Europe
Early modern Europe
Early modern Europe is the term used by historians to refer to a period in the history of Europe which spanned the centuries between the end of the Middle Ages and the beginning of the Industrial Revolution, roughly the late 15th century to the late 18th century...
an society the term tenant-in-chief, sometimes vassal-in-chief, denoted the nobles
Nobility
Nobility is a social class which possesses more acknowledged privileges or eminence than members of most other classes in a society, membership therein typically being hereditary. The privileges associated with nobility may constitute substantial advantages over or relative to non-nobles, or may be...
who held their lands as tenants
Leasehold estate
A leasehold estate is an ownership of a temporary right to land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord....
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
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
. Other names for tenant-in-chief were captal
Captal
Captal , was a medieval feudal title in Gascony. According to Du Cange the designation captal was applied loosely to the more illustrious nobles of Aquitaine, counts, viscounts, etc., probably as capitales domini, principal lords, though he quotes more fanciful explanations.As an actual title the...
or baron
Baron
Baron is a title of nobility. The word baron comes from Old French baron, itself from Old High German and Latin baro meaning " man, warrior"; it merged with cognate Old English beorn meaning "nobleman"...
. The Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
term was tenentes in capiti, or in capite
Capite
In old English law, a capite was a tenure, abolished by Act 12 Chas. II, xxiv., 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....
; "tenant-in-chief" was a later translation, rather than one from the Middle Ages.
In most countries allodial property
Allodial title
Allodial title constitutes ownership of real property that is independent of any superior landlord, but it should not be confused with anarchy as the owner of allodial land is not independent of his sovereign...
could be held by the monarch, laypeople or the church, however in England after the Norman Conquest, the king became, in law, the only allodist; thus all the lands in England were the property of the Crown. A tenure by frankalmoin
Frankalmoin
Frankalmoin or frankalmoigne was one of the feudal land tenures in feudal England. Its literal meaning is "free pity/mercy", from Norman French fraunch aumoyne, “free alms”, from Late Latin eleemosyna, from Greek ἐλεημοσύνη , "pity, alms", from ἐλεήμων "merciful", from ἔλεος , "pity"...
, which in other countries was regarded as a form of privileged allodial holding, was in England regarded as a feudal tenement
Tenement (law)
A tenement , in law, is anything that is held, rather than owned. This usage is a holdover from feudalism, which still forms the basis of all real-estate law in the English-speaking world, in which the monarch alone owned the allodial title to all the land within his kingdom.Under feudalism, land...
. Every estate was regarded as a tenement whether directly or indirectly held of the king. In England, a tenant-in-chief could enfief, or grant fiefs to, his own followers. The creation of subfiefs under a tenant-in-chief or other fief-holder was known as subinfeudation
Subinfeudation
In English law, subinfeudation is the practice by which tenants, holding land under the king or other superior lord, carved out new and distinct tenures in their turn by sub-letting or alienating a part of their lands....
. The Norman kings, however, imposed on all free men who occupied a tenement a duty of fealty
Fealty
An oath of fealty, from the Latin fidelitas , is a pledge of allegiance of one person to another. Typically the oath is made upon a religious object such as a Bible or saint's relic, often contained within an altar, thus binding the oath-taker before God.In medieval Europe, fealty was sworn between...
. This was to diminish the possibility of sub-vassals being employed by tenants-in-chief against the crown.
The lands held by a tenant-in-chief, in England, were called an honour. As feudal lord the king had the right to collect scutage
Scutage
The form of taxation known as scutage, in the law of England under the feudal system, allowed a knight to "buy out" of the military service due to the Crown as a holder of a knight's fee held under the feudal land tenure of knight-service. Its name derived from shield...
, from the barons who held these honours. Scutage was a tax collected from vassals in lieu of military service. The payment of scutage rendered the crown more independent of the feudal levy
Feudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
and enabled it to pay for troops on its own. Once a tenant-in-chief received a demand for scutage, the cost was passed on to the subtenants and thus came to be regarded as a universal land tax. This tax was part of a taxation system that had been created under the Anglo-Saxon kings to raise money to pay off the invading Danes, in a system known as geld
Danegeld
The Danegeld was a tax raised to pay tribute to the Viking raiders to save a land from being ravaged. It was called the geld or gafol in eleventh-century sources; the term Danegeld did not appear until the early twelfth century...
.
In the great feudal survey Domesday Book
Domesday Book
Domesday Book , now held at The National Archives, Kew, Richmond upon Thames in South West London, is the record of the great survey of much of England and parts of Wales completed in 1086...
, tenants-in-chief were listed first in each county's entry. When an English tenant-in-chief died, his or her land reverted to the crown until the heir paid a sum of money (a relief
Feudal relief
Feudal Relief was a one-off "fine" or form of taxation payable to an overlord by the heir of a feudal tenant to licence him to take possession of his fief, i.e. an estate-in-land, by inheritance...
), and was then able to take possession (livery of seisin
Livery of seisin
Livery of seisin is an archaic legal conveyancing ceremony, formerly practiced in feudal England and in other countries following English common law, used to convey holdings in property. The term "livery" is related, if not synonymous with, the word "delivery" as used in modern contract law...
) of the lands. However, if the heir was under age (under 21 for a male heir, under 14 for an heiress) they would be subject to a feudal wardship where the custody of their lands and the right to arrange their marriage passed to the monarch, until they came of age. The wardship and marriage was not usually kept in Crown hands, but was sold, sometimes to the next of kin, often simply to the highest bidder. Then when an heir came of age, he or she passed out of wardship but could not enter upon their inheritance until, like all heirs of full age on inheritance, they had sued out their livery. In either case, the process was complicated. Eventually a warrant was issued for the livery to pass under the Great Seal
Great Seal of the Realm
The Great Seal of the Realm or Great Seal of the United Kingdom is a seal that is used to symbolise the Sovereign's approval of important state documents...
. The Court of Wards and Liveries
Court of Wards and Liveries
The Court of Wards and Liveries was a court established during the reign of Henry VIII in England. Its purpose was to administer a system of feudal dues; but as well as the revenue collection, the court was also responsible for wardship and livery issues....
administered the funds received from the wardships, marriages and the granting of livery; both courts and practice were abolished in 1646.
See also
- Fee simpleFee simpleIn English law, a fee simple is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved...
- English Feudal Baronies
- History of the English fiscal systemHistory of the English fiscal systemThe history of the English fiscal system affords the best known example of continuous financial development in terms of both institutions and methods. Although periods of great upheaval occurred from the time of the Norman Conquest to the beginning of the 20th century, the line of connection is...