in capiteadv.

Brit.

/ɪn ˈkapᵻteɪ/, U.S.

/ɪn ˈkæpədeɪ/

Forms: 1500s in capitie, 1500s– in capite.

Origin: A borrowing from Latin. Etymon: Latin in capite.

Etymology: < post-classical Latin in capite (in tenere in capite to hold (of the king) in chief (frequently from 12th cent. in British sources) < classical Latin tenēre to hold (see tenent adj.) + in (see in prep.) + capite , ablative of caput head: see caput n.).This type of tenure, by which land was held immediately of the crown, was abolished in England by the Tenures Abolition Act in 1660 ( Act 12 Chas. II, xxiv.) and in Scotland by the Abolition of Feudal Tenure etc. (Scotland) Act in 2000.

Now historical.

1. In chief (see chief n. 12); directly from the Crown.

ΚΠ

1523 J. Fitzherbert Bk. Surueyeng xii. f. xxiiii In case that a tenant holde dyuers manours of dyuers lordes by knight seruyce and haue but one parcell of lande holden of the kyng in capite, the kyng shall haue all the hole landes holden of euery lorde, duryng the nonage.

a1558 W. Stanford Expos. Kinges Prerog. (1567) i. f. 6 It extendes to any landes..whether they be holden of the king in capite or not.

1573 J. Bridges Supremacie Christian Princes 647 When king Iohn had made him selfe the Popes vassalle, and to holde the kingdome in Capite of the Pope, he was absolued.

1594 W. Shakespeare Henry VI, Pt. 2 iv. vii. 121 Men shall hold of me in capitie.

1605 R. Mason Reasons Academie 94 The Kings tenant acknowledgeth a bargaine and sale of land, held in capite to an other and his heires.

1661 in Rec. Parl. Scotl. to 1707 (2007) 1661/1/316 All heritors who hold a fourtie shilling land of the king's majestie in capite.

1702 J. Somers True Secret Hist. Lives & Reigns Kings & Queens Eng. 51 A small Parcel of Land held in Capite.

1765 W. Blackstone Comm. Laws Eng. I. xii. 387 All lords of manors, or barons, that held of the king in capite, had seats in the great council.

1839 T. Keightley Hist. Eng. (new ed.) I. 131 The heir ‘in capite’, on coming of age was bound to take Knighthood or pay a fine to the King.

1899 Sc. Antiquary 13 172 The Responde Books..show that about 280 owners of estates held in capite of the King died between Whitsunday and Martinmas 1513.

2006 K. MacMillan Sovereignty & Possession in Eng. New World iii. 90 Land held in capite required the parties holding the land to pay incidents and aids to the king.

2. tenure in capite: tenure by which land was held immediately of the Crown. Also tenant in capite.

ΘΚΠ

society > law > legal right > right of possession or ownership > tenure of property > [phrase] > directly from the Crown

tenure in capite1579

1579 Rastell's Expos. Termes Lawes (new ed.) f. 184^v Tenure in capite is where any holde of y^e Queene as of her person beinge Queene, and of her Crowne as of a Lordshippe by it selfe in grosse, & in chiefe aboue al other lordshipes.

1600 W. Fulbecke Direct. Study Lawe viii. f. 80^v The third part of the land of the tenant in Capite, which the king hath after his death.

1671 T. Madox (title) Baronia Anglica, a History of Land-Honours and Baronies, and of Feudal Tenure in capite.

1767 W. Blackstone Comm. Laws Eng. (ed. 2) II. 60 All tenures being thus derived..from the king, those that held immediately under him..were called his tenants in capite, or in chief.

1817 European Mag. Mar. 197 The feodal system..conferred no legislative rights, but by tenure in capite.

1910 C. C. Hall Narr. Early Maryland 104 Free and common socage..differs from a tenure in capite by knights' service only in that the uncertain military service required by the latter is, under the former, commuted for a fixed tribute.

2001 Bristol Evening Post (Nexis) 2 Oct. 32 Thomas de Berkeley was described as holding as Tenant in Capite (Tenant in Chief) a part of St Thomas Street.

This entry has been updated (OED Third Edition, March 2012; most recently modified version published online March 2022).

单词	in capite
释义	in capiteadv. Brit. /ɪn ˈkapᵻteɪ/, U.S. /ɪn ˈkæpədeɪ/ Forms: 1500s in capitie, 1500s– in capite. Origin: A borrowing from Latin. Etymon: Latin in capite. Etymology: < post-classical Latin in capite (in tenere in capite to hold (of the king) in chief (frequently from 12th cent. in British sources) < classical Latin tenēre to hold (see tenent adj.) + in (see in prep.) + capite , ablative of caput head: see caput n.).This type of tenure, by which land was held immediately of the crown, was abolished in England by the Tenures Abolition Act in 1660 ( Act 12 Chas. II, xxiv.) and in Scotland by the Abolition of Feudal Tenure etc. (Scotland) Act in 2000. Now historical. 1. In chief (see chief n. 12); directly from the Crown. ΚΠ 1523 J. Fitzherbert Bk. Surueyeng xii. f. xxiiii In case that a tenant holde dyuers manours of dyuers lordes by knight seruyce and haue but one parcell of lande holden of the kyng in capite, the kyng shall haue all the hole landes holden of euery lorde, duryng the nonage. a1558 W. Stanford Expos. Kinges Prerog. (1567) i. f. 6 It extendes to any landes..whether they be holden of the king in capite or not. 1573 J. Bridges Supremacie Christian Princes 647 When king Iohn had made him selfe the Popes vassalle, and to holde the kingdome in Capite of the Pope, he was absolued. 1594 W. Shakespeare Henry VI, Pt. 2 iv. vii. 121 Men shall hold of me in capitie. 1605 R. Mason Reasons Academie 94 The Kings tenant acknowledgeth a bargaine and sale of land, held in capite to an other and his heires. 1661 in Rec. Parl. Scotl. to 1707 (2007) 1661/1/316 All heritors who hold a fourtie shilling land of the king's majestie in capite. 1702 J. Somers True Secret Hist. Lives & Reigns Kings & Queens Eng. 51 A small Parcel of Land held in Capite. 1765 W. Blackstone Comm. Laws Eng. I. xii. 387 All lords of manors, or barons, that held of the king in capite, had seats in the great council. 1839 T. Keightley Hist. Eng. (new ed.) I. 131 The heir ‘in capite’, on coming of age was bound to take Knighthood or pay a fine to the King. 1899 Sc. Antiquary 13 172 The Responde Books..show that about 280 owners of estates held in capite of the King died between Whitsunday and Martinmas 1513. 2006 K. MacMillan Sovereignty & Possession in Eng. New World iii. 90 Land held in capite required the parties holding the land to pay incidents and aids to the king. 2. tenure in capite: tenure by which land was held immediately of the Crown. Also tenant in capite. ΘΚΠ society > law > legal right > right of possession or ownership > tenure of property > [phrase] > directly from the Crown tenure in capite1579 1579 Rastell's Expos. Termes Lawes (new ed.) f. 184^v Tenure in capite is where any holde of y^e Queene as of her person beinge Queene, and of her Crowne as of a Lordshippe by it selfe in grosse, & in chiefe aboue al other lordshipes. 1600 W. Fulbecke Direct. Study Lawe viii. f. 80^v The third part of the land of the tenant in Capite, which the king hath after his death. 1671 T. Madox (title) Baronia Anglica, a History of Land-Honours and Baronies, and of Feudal Tenure in capite. 1767 W. Blackstone Comm. Laws Eng. (ed. 2) II. 60 All tenures being thus derived..from the king, those that held immediately under him..were called his tenants in capite, or in chief. 1817 European Mag. Mar. 197 The feodal system..conferred no legislative rights, but by tenure in capite. 1910 C. C. Hall Narr. Early Maryland 104 Free and common socage..differs from a tenure in capite by knights' service only in that the uncertain military service required by the latter is, under the former, commuted for a fixed tribute. 2001 Bristol Evening Post (Nexis) 2 Oct. 32 Thomas de Berkeley was described as holding as Tenant in Capite (Tenant in Chief) a part of St Thomas Street. This entry has been updated (OED Third Edition, March 2012; most recently modified version published online March 2022). < adv.1523
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