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He had only been sent to the Keszmár Lyceum to pick up as much knowledge as might be necessary for a citizen of Kassa who hoped one day to be elected sheriff of his native town; he only required to learn as much Latin as his late father of blessed memory, who likewise had held that dignity, and part of whose office it had been to pronounce over delinquents the capite plectetur, or the more merciful harum palczarum, and correspond with pen as well as with cannon with the Imperialist generals, though it certainly must be admitted that he could give a better account of himself with the cannon than with the pen.
Rebellions arose either from the oppression of the invaders or the restlessness of the conquered; and, as each outburst was put down by force, there were new lands to be distributed among the adherents of the monarch; ultimately there were about 700 chief tenants holding IN CAPITE, but the nation was divided into 60,215 knights' fees, of which the Church held 28,115.
Lord Dillon's case, which is still quoted as an authority, was tried. The plea for the Crown alleged that the honor of the monarch stood before his profit, and as the commissioners were only authorized to issue patents to hold in capite, whereas they had given title "to hold in capite, by knights' service out of Dublin Castle," the grant was bad.
All causes concerning presentation, all causes concerning Frankalmoign, all actions concerning breach of faith, shall be tried in the king's court. 3rd. The king's tenant in capite shall not be excommunicated without the king's license. 4th. No clerk shall go out of the kingdom without giving security that he will do nothing to the prejudice of the king or nation.
As the lands at first granted did not measure the 42,000 acres, the Lord Deputy is instructed to issue a commission to measure off so much of other escheated lands adjoining "as shall be requisite to make up the full number and quantity of three seignories and a-half of tenantable land, without mountains, bogs, or barren heath; To hold for ever in fee-farm, as of the Castle of Carregroghan, in the Co. of Cork, in free soccage and not in capite."
It seems probable that this increase was solely in consequence of what the allotment commissioners did for the Roman burgesses. Nor, if the Proletarii and Capite Censi were not included in the register of those classed for military service, is the increase remarkable, for it would be to members of those classes that the allotments would be chiefly assigned.
Earl of the shire or county denoted the king's thane, or tenant by grand sergeantry or knight's service, in chief or in capite; his possessions were sometimes the whole territory from whence he had his denomination, that is, the whole county; sometimes more than one county, and sometimes less, the remaining part being in the crown.
All this was to be "holden" "of us, our heirs and successors, as of our manor of East Greenwich, in the County of Kent, in free and common soccage, and not in capite or by knight's service; yielding and paying yearly to us, our heirs and successors, for the same, two elks and two black beavers, whensoever and as often as we, our heirs and successors, shall happen to enter into the said countries, territories, and regions hereby granted."
AND FURTHER, WE DO by these Presents, for Us, Our Heirs and Successors, make, create and constitute, the said Governor and Company for the Time being, and their Successors, the true and absolute Lords and Proprietors, of the same Territory, Limits and Places aforesaid, and of all other the Premisses, SAVING ALWAYS, the Faith, Allegiance and Sovereign Dominion due to Us, our Heirs and Successors, for the same TO HAVE, HOLD, possess and enjoy the said Territory, Limits, and Places, and all and singular other the Premisses, hereby granted as aforesaid, with their, and every of their Rights, Members, Jurisdictions, Prerogatives, Royalties, and Appurtenances whatsoever, to them the said Governor and Company, and their Successors for ever, TO BE HOLDEN of Us, Our Heirs and Successors, as of Our Manor of East Greenwich in our County of Kent, in free and common Soccage, and not in Capite or by Knight's Service; YEILDING AND PAYING yearly to Us, Our Heirs and Successors, for the same, two Elks and two black Beavers, whensoever, and as often as We, Our Heirs and Successors, shall happen to enter into the said Countries, Territories and Regions hereby granted.
Many of these were tenants of the King "in capite" that is, they held their possessions direct from the Crown. Others of these had placed themselves under the protection of some lord, as the defender of their persons and estates, they paying some stipend or performing some service. In the Register there are also liberae feminae, free women.
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