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In
medieval In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
and early modern Europe, the term ''tenant-in-chief'' (or ''vassal-in-chief'') denoted a person who held his lands under various forms of feudal land tenure directly from the king or territorial prince to whom he did
homage Homage (Old English) or Hommage (French) may refer to: History *Homage (feudal) /ˈhɒmɪdʒ/, the medieval oath of allegiance *Commendation ceremony, medieval homage ceremony Arts *Homage (arts) /oʊˈmɑʒ/, an allusion or imitation by one arti ...
, as opposed to holding them from another nobleman or senior member of the
clergy Clergy are formal leaders within established religions. Their roles and functions vary in different religious traditions, but usually involve presiding over specific rituals and teaching their religion's doctrines and practices. Some of the ter ...
.Bloch ''Feudal Society Volume 2'' p. 333Coredon ''Dictionary of Medieval Terms & Phrases'' p. 272 The tenure was one which denoted great honour, but also carried heavy responsibilities. The tenants-in-chief were originally responsible for providing knights and soldiers for the king's feudal army.Bracton, who indiscriminately called tenants-in-chief "barons" stated: "sunt et alii potentes sub rege qui barones dicuntur, hoc est robur belli" ("there are other magnates under the king, who are called barons, that is the hardwood of war"), quoted in Sanders, I.J., ''Feudal Military Service in England'', Oxford, 1956, p.3; "Bracton's definition of the ''baro''" (plur ''barones'') "proves that tenants of this class were considered to be the military backbone of the realm" (Sanders, p.3)


Terminology

The
Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
term was ''tenens in
capite 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 ...
''.Coredon ''Dictionary of Medieval Terms and Phrases'' p. 161 Other names for tenant-in-chief were " captal" or
baron Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or kn ...
, although the latter term evolved in meaning. For example, the term "baron" was used in the '' Cartae Baronum'' of 1166, a return of all tenants-in-chief in England. At that time the term was understood to mean the "king's barons", or "king's men", because baron could still have a broader meaning. Originally, for example in
Domesday Book Domesday Book () – the Middle English spelling of "Doomsday Book" – is a manuscript record of the "Great Survey" of much of England and parts of Wales completed in 1086 by order of King William I, known as William the Conqueror. The manusc ...
(1086), there was a small number of powerful English tenants-in-chief under the Norman king who were all magnates directly associated with the king. Later, as laid-out by I. J. Sanders, the old tenancies-in-chief of England from the time of the Norman king,
King Henry I of England Henry I (c. 1068 – 1 December 1135), also known as Henry Beauclerc, was King of England from 1100 to his death in 1135. He was the fourth son of William the Conqueror and was educated in Latin and the liberal arts. On William's death in ...
, came to have a legally distinct form of feudal land holding, the so-called tenure ''per baroniam''. The term "baron" thus came to be used mainly for these " feudal barons", which comprised a group that over-lapped with the tenancies-in-chief, but was not identical.


History

In most countries allodial property could be held by laypeople or the Christian Church. However, in the
Kingdom of England The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain. On ...
after the
Norman Conquest The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Conq ...
, the king became in law the sole lord paramount and only holder of land by allodial title. Thus all the lands in England became the property of the Crown.Ganshof ''Feudalism'' p. 130Ganshof ''Feudalism'' p. 165 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 land-holding was deemed by feudal custom to be no more than an estate in land, whether directly or indirectly held of the king. Absolute title in land could only be held by the king himself, the most anyone else could hold was a right over land, not a title in land ''per se''. In England, a tenant-in-chief could enfief, or grant fiefs carved out of his own holding, to his own followers. The creation of subfiefs under a tenant-in-chief or other fief-holder was known as subinfeudation.Cosman ''Medieval Wordbook'' p. 240 The kings of the House of Normandy, however, eventually imposed on all free men who occupied a tenement (i.e. those whose tenures were "freehold", that is to say for life or heritable by their heirs), a duty of fealty to the crown rather than to their immediate lord who had enfeoffed them. This was to diminish the possibility of sub-vassals being employed by tenants-in-chief against the crown. In the great feudal survey Domesday Book (1086), tenants-in-chief were listed first in each English county's entry. The lands held by a tenant-in-chief in England, if comprising a large feudal barony, were called an honour.Ganshof ''Feudalism'' p. 166


Duties of tenants-in-chief

As feudal lord, the king had the right to collect scutage from the barons who held these ''honours''.Bartlett ''England under the Norman and Angevin Kings'' p. 164 Scutage (literally ''shield money'', from '' escutcheon'') 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 sub-tenants and thus came to be regarded as a universal land tax. This tax was a development from the taxation system created under the Anglo-Saxon kings to raise money to pay off the invading Danes, the so-called Danegeld.Bartlett ''England under the Norman and Angevin Kings'' p. 165


Heirs

When an English tenant-in-chief died, an inquisition post mortem was held in each county in which he held land and his or her land temporarily escheated (i.e.reverted) to the demesne of the crown until the heir paid a sum of money (a
relief Relief is a sculptural method in which the sculpted pieces are bonded to a solid background of the same material. The term '' relief'' is from the Latin verb ''relevo'', to raise. To create a sculpture in relief is to give the impression that th ...
), and was then able to take possession ( livery of seisin) of the lands. However, if the heir was underage (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, often simply to the highest bidder, unless outbid by the next of kin.''Court of Wards and Liveries: land inheritance 1540–1645'' 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. From its inception in 1540, 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 1646Friar ''Sutton Companion to Local History'' p. 465 and the whole system of feudal tenure – except for fee simple – was abolished by the Tenures Abolition Act 1660.


See also

* Lord paramount, mesne lord, & overlord *
Imperial immediacy Imperial immediacy (german: Reichsfreiheit or ') was a privileged constitutional and political status rooted in German feudal law under which the Imperial estates of the Holy Roman Empire such as Imperial cities, prince-bishoprics and secular pri ...
* Fee simple * English Feudal Baronies * History of the English fiscal system


Notes


Citations


Sources

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Further reading

* {{DEFAULTSORT:Tenant-in-chief 1660 disestablishments in England Medieval economics Noble titles Political history Titles in the United Kingdom Scots law legal terminology Land tenure Barons