medieval In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of World history (field), global history. It began with the fall of the West ...

and

early modern Europe Early modern Europe, also referred to as the post-medieval period, is the period of European history between the end of the Middle Ages and the beginning of the Industrial Revolution, roughly the mid 15th century to the late 18th century. Histori ...

, a tenant-in-chief (or vassal-in-chief) was a person who held his lands under various forms of

feudal land tenure Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold if they were hereditable or perpetual or non-fr ...

directly from the king or territorial prince to whom he did homage, 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 ...

. 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.

Terminology

The

Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...

term was ''tenens in capite''. Other names for tenant-in-chief were "

captal Captal (Lat. capitalis, first, chief ), was a medieval feudal title in Gascony. According to Du Cange the designation was applied loosely to the more illustrious nobles of Aquitaine, counts, viscounts, etc., probably as ''capitales domini'', p ...

" or

baron Baron is a rank of nobility or title of honour, often Hereditary title, hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than ...

, 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 at the behest of William the Conqueror. The manuscript was originally known by ...

(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, 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 In ecclesiology, the Christian Church is what different Christian denominations conceive of as being the true body of Christians or the original institution established by Jesus Christ. "Christian Church" has also been used in academia as a syn ...

. However, in the

Kingdom of England The Kingdom of England was a sovereign state on the island of Great Britain from the late 9th century, when it was unified from various Heptarchy, Anglo-Saxon kingdoms, until 1 May 1707, when it united with Kingdom of Scotland, Scotland to f ...

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 Normans, Norman, French people, French, Flemish people, Flemish, and Bretons, Breton troops, all led by the Du ...

, the king became in law the sole

lord paramount A lord paramount is a term of art in feudal law describing an overlord who holds his own fief from no superior lord. It thus describes a person who holds allodial title, owing no socage or feudal obligations such as military service. This was d ...

and only holder of land by allodial title. Thus all the lands in England became 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 land-holding was deemed by feudal custom to be no more than an

estate in land An estate in land is, in the law of England and Wales, an interest in real property that is or may become possessory. It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to us ...

, 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 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 tenants were termed ...

. The kings of the

House of Normandy The House of Normandy ( ) was a noble family originating from the Duchy of Normandy. The House of Normandy's lineage began with the Scandinavian Rollo who founded the Duchy of Normandy in 911. The House of Normandy includes members who were ...

, 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 Honour (Commonwealth English) or honor (American English; American and British English spelling differences#-our, -or, see spelling differences) is a quality of a person that is of both social teaching and personal ethos, that manifests itself ...

Duties of tenants-in-chief

As feudal lord, the king had the right to collect

scutage Scutage was a medieval English tax levied on holders of a knight's fee under the feudal land tenure of knight-service. Under feudalism the king, through his vassals, provided land to knights for their support. The knights owed the king militar ...

from the barons who held these ''honours''. 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 Danegeld (; "Danish tax", literally "Dane yield" or tribute) was a tax raised to pay tribute or Protection racket, protection money to the Viking raiders to save a land from being ravaged. It was called the ''geld'' or ''gafol'' in eleventh-c ...

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 A demesne ( ) or domain was all the land retained and managed by a lord of the manor under the feudal system for his own use, occupation, or support. This distinguished it from land subinfeudation, sub-enfeoffed by him to others as sub-tenants. ...

of the crown until the heir paid a sum of money (a

relief Relief is a sculpture, sculptural method in which the sculpted pieces remain attached to a solid background of the same material. The term ''wikt:relief, relief'' is from the Latin verb , to raise (). To create a sculpture in relief is to give ...

), 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. 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 1646 and the whole system of feudal tenure – except for

fee simple In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., pe ...

– was abolished by the

Tenures Abolition Act 1660 The Tenures Abolition Act 1660 ( 12 Cha. 2. c. 24), sometimes known as the Statute of Tenures, was an act of the Parliament of England which changed the nature of several types of feudal land tenure in England. The long title of the act was ' ...

Notes

Citations

Sources

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