Capite.
CApite is a Tenure that holds immediately of the King, as of his Crown, be it by Knights Service or Soccage, and not of any Honor, Castle, or Mannor; and for this it is al∣so
Les termes de la ley; or, Certain difficult and obscure words and terms of the common laws and statutes of this realm now in use, expounded and explained Now corrected and enlarged. With very great additions throughout the whole book, never printed in any other impression.
About this Item
- Title
- Les termes de la ley; or, Certain difficult and obscure words and terms of the common laws and statutes of this realm now in use, expounded and explained Now corrected and enlarged. With very great additions throughout the whole book, never printed in any other impression.
- Author
- Rastell, John, d. 1536.
- Publication
- London :: printed by W. Rawlins, S. Roycroft and M. Flesher, assigns of Richard and Edward Atkins Esquires. For G. Walbanke, S. Heyrick, J. Place, J. Poole, and R. Sare,
- 1685.
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- Subject terms
- Law -- Dictionaries -- Early works to 1800.
- Link to this Item
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http://name.umdl.umich.edu/A58086.0001.001
- Cite this Item
-
"Les termes de la ley; or, Certain difficult and obscure words and terms of the common laws and statutes of this realm now in use, expounded and explained Now corrected and enlarged. With very great additions throughout the whole book, never printed in any other impression." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A58086.0001.001. University of Michigan Library Digital Collections. Accessed June 16, 2024.
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Page 110
called a Tenure which holds meerly of the King. For as the Crown is a Corporation, a Se∣ignory in gross; so the King who possesses the Crown is in the eye of the Law perpetually King, never in his Minority, and dies no more than Populus doth, whose authority he bears. See Fitz, N. Brē fol. 5. Yet note, That a man may hold of the King. and yet not in Capite, that is, not immediately of the Crown in gross, but by means of some Honor, Castle, or Ma∣nor belonging to the Crown, whereof he holds his Land. Of this Kitchin saith well, That a man may hold of the King by Knight's service, and yet not in Capite, because it may be he holds of some honour by Knights service, that is in the Kings hands, by descent from his Ancestors, and not imme∣diately of the King, as of his Crown, fol. 129. With which agrees Fitzh. Nat. Brē fol. 5. k. whose words are to this effect; It plainly appears, that Lands which are held of the King as of an Honor, Castle, or Ma∣nor, are not held in Capite of the King, because a Writ of right iu this case shall be directed to the Bailiff of the Honor, Castle, or Manor, &c. But when the lands are held of the King as of his Crown, then they are not held of an Honor, Castle, or Manor, but meerly of the King as King, as of his Crown, as of a Seignory of it self in gross,
Page 111
and the chief of all other Seig∣niories.
And this Tenure in Capite is otherwise called Tenure hold∣ing of the person of the King. Dyer fol. 44. Brook titulo Tenures, num. 65, 99. And yet Ki •• chen, fol. 208. saith, That a man may hold of the person of the King, and yet not in Capite. His Case is this; If the King purchase a Manor that J. S. holds, the Te∣nant shall hold as he did before, and he shall not render Livery, nor primer Seisin, nor hold in Capite. And if the King grants his Manor to W. N. in fee, ex∣cepting the services of J. S. then J. S. holds as of the person of the King, and yet holds not in Ca∣pite, but as he held before. By which it seems, that Tenure holding of the person of the King, and Tenure in Capite, are two divers Tenures. To take away which difference, it may be said, That this place of Kitchen is to be taken as if he had said; Not in Capite by Knights service, but by So∣cage, following the usual speech, because most commonly, where we speak of Tenure in Capite, we intend Tenure by Knight's service. See the Stat. 12 Car. 2. c. 24. by which all Tenures are now turned into free and com∣mon Socage.