tenantincapite

Tenantincapite, often written as tenant in capite in historical sources, is a term used to describe a feudal tenure in which land was held directly from the Crown rather than through an intermediate lord. A tenant in capite held the estate in capite (in the head) of the king and owed fealty and certain duties directly to the sovereign. This direct relationship with the Crown often signified high rank, and many tenants in capite were members of the peerage, such as barons, who could be summoned to Parliament.

In contrast to vassals who served a lord, tenants in capite owed their allegiance and obligations to the Crown itself. Their duties could include military service, attendance at royal councils, and other feudal responsibilities associated with direct royal tenure. The status was closely tied to the structure of early medieval and medieval English governance and helped define the composition of the early English peerage and Parliament.

Over time, the strict feudal framework surrounding tenure in capite diminished as modern property law developed and military obligations were transformed into monetary rents or other arrangements. The formal concept of tenure in capite became largely historical, encountered mainly in legal histories, genealogies, and discussions of the medieval constitution. The term also appears in Scots law with a similar meaning, reflecting parallel feudal practices in different jurisdictions.

Etymology: the phrase derives from Latin in capite or tenens in capite, meaning holding in the head, i.e., directly from the Crown. Modern usage emphasizes historical arrangements rather than current law.